Terms & Conditions of Sale
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Terms and conditions of sale of BigStuffed’s website
Welcome to our website https://www.bigstuffed.com (the "Website"). These terms and conditions of sale (together with the information and policies contained in any other documents referred to in these terms and conditions of sale, such as the terms and conditions of use of the Website and our Privacy Policy) (together, the "Terms and Conditions") set out the legal terms that apply to your use of the Website and any other website or application permitting you to place an order with us for any products and services (such websites and applications being the “Applications” for the purpose of these Terms and Conditions), including all orders submitted by you for any products made available by us for purchase over the Website and/or Applications.
As the context requires, references to “Website” in these Terms and Conditions shall also include Applications as applicable.
Please read these Terms and Conditions carefully and make sure that you understand them, before purchasing any products on the Website.
1. Understanding these Terms and Conditions
- Consumer – any individual who is acting for purposes that are outside his or her trade, business or profession.
2. Purchase of products
2.1. We offer the Products for sale on the Website and our e-commerce business services are available exclusively to our retail customers, i.e. the Consumers.
2.2. To place an order for the purchase of one or more Products, you must fill out the online order form and send it electronically to us, following the relevant instructions.
2.3. The order form contains a summary of the Contract, information on the main characteristics of each product ordered and corresponding unit price (including any applicable fees, taxes and VAT), the type of payment that you may use in order to purchase each product, shipping terms for the purchased products, as well as shipping and delivery costs.
2.4. An order shall be deemed to have been submitted when we receive you order form electronically and the order information has been verified as correct.
2.5. Before submitting your order form of the purchase of the Products, you will be asked to carefully read the Terms and Conditions, to print a copy using the print option and to save or reproduce a copy thereof for your own personal use.
2.6. The order form will be filled in our database for the time required to process your order, and as provided by law. You may access your order form by clicking on the section called “My Cart”, on the top right corner of Home page.
2.7. Before submitting the order form, you will be asked to identify and correct possible input errors.
2.8. After your order form has been submitted, we will process your order.
2.9. We may not process purchases, for example:
- when there are not sufficient guarantees of solvency and, more specifically, if we are unable to obtain authorization of your payment;
- when orders are incomplete or incorrect;
- if you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
- if shipping restrictions may apply to a Product;
In the above cases, we shall inform you by email that the Contract has not been formed and executed and that we have not carried out your purchase order specifying the reasons thereof. If the Products displayed on the Website are no longer available at the time of your last access and once we have received your order form, we shall inform you of the unavailability of the ordered items within fifteen (15) days from the day after we have received your order. If the order form has been sent and the price has been paid for items that are no longer available, we will refund the amount paid for those items.
[2.10. Orders can be placed by telephone in French or English with our Customer Service team: Contact us https://www.bigstuffed.com/pages/contact Our Customer Service team act on behalf of BigStuffed SASU in respect of any queries about delivery. Where you provide us with an email address, we will follow the process outlined in section 2.13 below. If you have not provided us with an email address, we reserve the right to follow an alternative process, which will be notified to you at the time. In either case, acceptance of your order and the formation of the Contract will not take place unless and until (i) the Products have been collected from us on your behalf or (ii) in the event that you have elected to collect the Products from a BigStuffed store, the Products have been dispatched for delivery to the relevant BigStuffed store.]
2.11. By submitting an order form and making the Contract with us, you unconditionally accept and undertake to comply with the provisions of the Terms and Conditions. Should you not agree with certain provisions of the Terms and Conditions, please do not submit your order form for the purchase of Products on the Website.
2.12. By submitting an order form, you agree and accept these terms and conditions of sale as well as further conditions set out on the Website, even through links, including the Terms and conditions of use and our Privacy Policy.
2.13. Upon submission of an order form, we shall send you a purchase order receipt e-mail, containing a summary of the information related to the order form (i.e. these general terms and conditions of sale, the main characteristics of the Products, your order number, detailed information on the price, any fees, VAT or taxes, terms of payment, return policy and shipping costs). Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of the Contract will not take place unless and until (i) the Products have been collected from us on your behalf pursuant to your delivery contract or (ii) in the event that you have elected to collect the Products from a BigStuffed store, the Products have been dispatched for delivery to the relevant BigStuffed store and we have sent you an email confirming that the Products have been dispatched to you or the BigStuffed store (as relevant) (“Dispatch Confirmation”). Informations about shipping cost and destinations are available in your “Cart” after choosing your items. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
2.14. When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the “My Account” section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.
2.15. You will be charged for Products when they have been collected from us on your behalf or, in the event that you have elected to collect the Products from a BigStuffed store, the Products have been dispatched for delivery to the relevant store (together with the relevant delivery charges that we collect on behalf of any card processing or payment processing charges), unless we inform you that in respect of certain products payment shall be taken in advance, when or shortly after you submit your order.
3. Product guarantees and prices
3.1. On the Website, we only offer products marked with the “BigStuffed” trademark. These items are manufactured by BigStuffed SASU and/or by the manufacturer authorized by BigStuffed SASU.
3.2. We do not sell second-hand products, flawed products or products of lower quality than the corresponding market standards.
3.3. The main characteristics of the Products are shown on the Website, on each item page. The Products offered for sale the Website may not exactly correspond to the real garments in terms of image and colours due to the internet browser or monitor used.
3.4. Prices are subject to change and will be as quoted on the Website from time to time, except in cases of obvious errors. Check the final price of sale before sending the relevant order form.
3.5. We may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.
3.6. Prices set out on the Website are quoted in Euros. While we try to ensure that all prices on our Website are accurate, errors may occur.
3.7. All prices of Products on the Website are the prices for the Products only. They include any VAT or other sales tax payable. We shall endeavor to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however, please see section 3.8 below. Prices do not include the charge to you for delivery, if any. Check the delivery costs and charges on your order form, pursuant to sub-clause 2.3 above, and at checkout, while you are placing your order with us.
3.8. Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
3.9. Orders made to addresses to which we cannot ship will automatically be cancelled.
3.10. All Products sold by the Website come with an identification tag attached with a disposable seal. When trying on the Products, you should not remove or alter the tag or seal from the purchased Products, should you wish to return the purchased Product.
4. Payment terms
4.1. Payment of the product prices and relevant costs for shipping and delivery must be made by using one of the procedures indicated on the order form.
4.2. In case of payment by credit/debit card, all details (for example, card number or expiration date) will be sent by encrypted protocol to STRIPE or other banks which provide remote electronic payment services, without third parties having any access thereto whatsoever. Such details will not be used by us except for performing the procedure relevant to your purchase or issuing refunds in the case of returns in compliance with the exercise of your return right or for reporting cases of fraud to the police. The price for the purchase of products and the corresponding costs for shipping and delivery, as indicated in the order form, will be charged to your current account only when the purchased products are actually shipped.
4.3. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
4.4. We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of us, the seller of the Product(s), being located in France.
4.5. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.
5. Invoicing
5.1. Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing.
6. Shipping and delivery of the Products
6.1. Our standard shipping option guarantees the delivery of the Products within two weeks for orders placed by 12.00pm CET.
6.2. If you want express shipping, please email help@bigstuffed.com and we will give you some information about the shipping costs and delivery time incurred, to ship the Products to your destination.
6.3. We will use our nominated carrier for all shipments. You will receive an email containing your Tracking Number once your package, containing the Products, has been shipped from our French warehouse. Our warehouse is closed during French national holidays and orders will not be shipped during such periods. All orders are processed automatically and we are unable to expedite or delay shipping times.
6.4. Order will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do deliver to PO boxes. Please note that there are no restrictions on the locations to which we deliver Products purchased from the Website.
6.5. When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to despatch your order in accordance with the estimated delivery times set out at Sections 6.1. to 6.2. above, or as otherwise specified in the checkout process as you submit your order. There may be some restrictions or exclusions in respect of specific addresses in countries to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any specified “cut off” or “last order” time or received on a day which is not a working day (that is any day on which the banks are open for business in London which is not a Saturday or a Sunday, will be processed on the next working day). Estimated delivery times will be calculated from the date on which the order is processed, unless otherwise specified.
Where you have selected any of our delivery services, your sole remedy for any failure by us to dispatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
6.6. Title in the Products will pass to you on the later of:
(b) the date and time of collection of such Products on your behalf for delivery to your nominated address or designated BigStuffed store) (as applicable).
7. Cancellation and returns: consumer rights and the cooling-off period
7.1. Should you wish to cancel or return any Products, you may only do so in accordance with our cancellations and returns policy below. These cancellations and returns policy does not affect your statutory rights as a consumer (including, where applicable, your rights under applicable distance selling legislation or e-commerce regulations in the territory to which the Product is shipped (the “Regulations”). For more information on your statutory rights, contact your local Direction Départementale de la Protection des Populations or the Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF) or the equivalent in your country (if any).
7.2. In certain circumstances, before your order has been dispatched, we may be able to cancel your order. Please contact us by mail at help@bigstuffed.com as soon as possible, after placing your order and Customer Service will advise if cancellation is available.
7.3. If you are a Consumer, you may cancel the Contract with us in relation to the Products purchased from the Website, without any penalty and without specifying the reason, by notifying us in writing within 14 (fourteen) calendar days, from the day on which you received the Products. You should return the Products to us within 14 (fourteen) calendar days from the date on which you notify us in writing of the cancellation, in the same condition in which you received those Products and at your own expense. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. When you are a Consumer and cancel the Contract by notifying us in writing within 14 (fourteen) calendar days, as described above, you will receive a full refund of the price of the Products including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses).
7.4. None withstanding the provisions of section 7.2, above, to return the products:
7.5. If you cancel the Contract within the14 (fourteen) calendar days cooling-off period pursuant to this Clause 7, we will process the refund due to you as soon as possible and, in any event within:
We will refund the price of the Product in full, including standard delivery costs, if any have been paid (but excluding supplementary costs for expedited delivery options, gift wrapping and other additional expenses). You will be responsible for the cost of returning the Products to us, provided that the reason for the return is not because of an error on our part or because the item is faulty or defective. You may be liable for, and we may deduct from any refund due to you, any diminution to the value of the returned Products caused by your handling of the Products, save to the extent necessary to ascertain the characteristics, functions or nature of the Products. Other than as set out herein, you will not incur any fees as a result of your request for reimbursement.
7.6. You can return the Products to us either by: • the approved courier (as indicated via contact form) via the pre-paid, personalised return label enclosed in your original order, and we shall deduct from your refund the cost of return postage; or
• by packaging the relevant Products securely and sending them, at your own risk and cost, to us using your return number (as provided via the contact form). For your protection, we recommend that you use a courier service if you choose to return the goods other than via the pre-paid mechanism and approved courier as detailed at clause 7.4.(a).
7.7. The cancellation right set out in this section does not apply to:
(a) sealed Products unsealed by you following delivery, where return of such Products is unsuitable due to health protection or hygiene reasons;
(b) Products which are made to your specifications or clearly personalized or monogrammed; or
(c) Products which have become inseparably mixed with other items after delivery.
8. Cancellation and returns: Products returned because they are damaged, defective or incorrect
8.1. If you are returning a Product because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us (either via a pre-paid return label using our approved courier (as indicated on via contact form), or by refunding your return postage costs). This right is additional to your statutory right to cancel as set out in clause 7 above.
8.2. You must notify us of an error in respect of the Products delivered or of a damaged or defective Product within 14 (fourteen) days of receipt. If a Product becomes faulty after the 14 (fourteen) days’ period, please contact Customer Care to obtain further returns information. You must return the Products in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
8.3. To return the Products:
8.4. We will examine all Products returned as damaged or defective and will notify you of your refund via e-mail within a reasonable period of time. We will usually process any refund due to you as soon as possible and, in any event, within fourteen (14) days of the day we confirm to you via e-mail that you are entitled to a refund for the damaged or defective Product. Subject to acceptance by us of the damaged or defective goods, Products returned by you because they are damaged or defective will be refunded in full, including the cost of delivery for sending the item to you and the cost incurred by you in returning the item to us. In the event that we find no fault with the returned Products, you will be notified that the returned Products cannot be accepted and you may elect to have the Products re-delivered to you. If you do not accept re-delivery we reserve the right to retain the Products and the purchase price and recover our fees and expenses from you.
8.5. If the recipient of the Products indicated in the order form is different from the individual who made the payment for such Products, the amount paid for returned items shall be refunded by us to the individual who made the payment.
8.6. We will usually refund any money received from you using the same method originally used by you to pay for the purchase, unless you have expressly agreed otherwise.
8.7. We will refund the price of the Products in accordance with the applicable time frame as specified in clause 8 above. To the extent permitted by applicable law, we shall not be responsible for any delay that is beyond its control including for delays caused by the method of purchase or refund, including by way of example:
9. Data protection
9.1. By placing an order, you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Policy. We fully respect the privacy of individuals who access and use the Website.
9.2. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information, please see our Privacy Policy , which is incorporated into and form part of these Terms and Conditions.
9.3. You are advised to read, if you haven't already done so, our general terms and conditions of use , which also contain important information on how we process the personal data of our users and on the security systems of the Website.
10. Other important information
10.1. Severability - Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
10.2. Waiver - If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
10.3. Assignment, subcontracting, etc –We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms and Conditions provided that your rights under these Terms and Conditions are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms and Conditions without our consent in writing.
10.4. Amendments to these terms – We reserve the right to make changes to these Terms and Conditions at any time. You, and any contract of sale between us, will be subject to the version of these Terms and Conditions in force at the time you order the products and services in question from us.
10.5. Governing law and jurisdiction - These Terms and Conditions are governed by French law. The courts of France shall have exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
10.6. Entire agreement - These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
10.7. Events outside of our control - We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.
An event outside of our control means any act or event beyond our reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.
10.8. Written communication - Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This paragraph does not affect your statutory rights.
10.9. Notices – All notices given by you to us must be sent to BigStuffed SASU, or 10 rue de Crussol, 75011 Paris, France We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph (Written communication) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise.
10.10. Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise. If you have any questions regarding the Website or the Terms and Conditions, or in the unlikely event that you have any complaints about any products and services purchased by you from the Website, please let us know and contact us at:
12. Information des consommateurs Aux fins d'information des consommateurs, les dispositions du code civil et du code de la consommation sont reproduites ci-après : Aricle 1641 du Code civil : Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus. Aricle 1648 du Code civil : L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice. Dans le cas prévu par l'article 1642-1, l'action doit être introduite, à peine de forclusion, dans l'année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents. Article L. 217-4 du Code de la consommation : Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance. Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité. Article L. 217-5 du Code de la consommation : Le bien est conforme au contrat : 1° S'il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant : - s'il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ; - s'il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ; 2° Ou s'il présente les caractéristiques définies d'un commun accord par les parties ou est propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté. Article L. 217-12 du Code de la consommation : L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien. Article L. 217-16 du Code de la consommation : Lorsque l'acheteur demande au vendeur, pendant le cours de la garantie commerciale qui lui a été consentie lors de l'acquisition ou de la réparation d'un bien meuble, une remise en état couverte par la garantie, toute période d'immobilisation d'au moins sept jours vient s'ajouter à la durée de la garantie qui restait à courir. Cette période court à compter de la demande d'intervention de l'acheteur ou de la mise à disposition pour réparation du bien en cause, si cette mise à disposition est postérieure à la demande d'intervention.
BigStuffed SASU 10 rue de Crussol, 75010 Paris, France help@bigstuffed.com
Please see our "Help & Contact Us" page (available by following this link https://www.bigstuffed.com/pages/contact for details of how to get in touch with us.
Pursuant to the EU regulation 524/2013 on online dispute resolution for consumer disputes, we also set out an accessible electronic link to the European Union Online Dispute Resolution (“ODR”) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage |
