TERMS AND CONDITIONS

TERMS AND CONDITIONS OF SALE

Updated on 28/01/2025

By clicking on the "I have read and accept the sales terms" icon, the customer guarantees:

• being a natural person aged at least eighteen with full legal capacity to agree to these general terms and conditions of sale ("sales terms");
• expressing their consent to become a "customer," as well as their agreement to the entire content of these sales terms and committing to comply fully with them in relation to Bexley, their contracting party;
• having read and accepted these sales terms.

1.APPLICATION

These define the conditions applicable to sales concluded between the Customer and BEXLEY. Any order placed on the Website is subject to the Customer’s unconditional acceptance of these sales terms. These sales terms constitute the entire agreement between BEXLEY and the Customer concerning their subject matter and replace any prior or concurrent oral or written agreement.

The sales terms are accessible via a clickable link at the bottom of every page on the Website and can be saved and/or printed by the Customer for record-keeping purposes.

The applicable sales terms are those online at the time of order placement. BEXLEY may modify and update its sales terms. Therefore, the Customer is responsible for reading the sales terms before accepting them during each new order.

The sales terms are available in French and English.

If any provision of the sales terms is null and void under a rule of law, an applicable law, or a final decision by a competent court, it will be deemed unwritten but will not invalidate the sales terms as a whole or the other provisions.

The fact that one Party does not invoke a breach by the other Party of any obligation under the sales terms cannot be interpreted as a waiver of the obligation in question.

2.LEGAL INFORMATION

Name: BEXLEY S.A.S
Share capital: €522,793
Head office address: 19 rue Louis Guérin, 69100 Villeurbanne, France
Email address: contact@bexley.fr
Phone: +33 (0) 4 81 69 50 75
Registration: RCS Lyon, number 344 434 253 00078
Siren number: 344 434 253
VAT identification number: FR 86 344 434 253
Publication Director: Bruno Luppens
Hosting provider: Ecritel, 19 rue Alphonse de Neuville, 75017 Paris, phone: 01 40 61 20 00

3.DEFINITIONS

The terms and expressions below, when capitalized, mean the following for the interpretation and execution of these terms:
Customer: refers to the adult individual contracting with BEXLEY, who guarantees being a consumer, using the Website for purposes outside their commercial, industrial, artisanal, liberal, or agricultural activity, and fulfilling the conditions defined herein.
sales terms: refers to these General Terms and Conditions of Sale, governing the contractual relationship between BEXLEY and the Customer.
Customer Account: refers to the private part of the Website accessed by the Customer after entering their Login Credentials.
Login Credential(s): refers to the unique combination of a login and a password, personal and confidential, necessary to access the Customer Account. The login consists of the Customer's email address, which is unique.
Delivery: refers to the initial presentation of the Products ordered by the Customer at the delivery address provided when placing the order.
Product(s): refers to the products offered for sale on the Website.
Website: refers to the website accessible at the URL www.bexley.fr or any other URL that may be added or replace it.

4.ACCESS AND REGISTRATION ON THE WEBSITE

The Website is accessible from the following devices: computer, tablet, or smartphone, provided there is an internet connection.

Registration on the Website is free. Customers bear the cost of using the remote communication technology as determined by their telephone and/or internet subscription and access means (computer, tablet, or smartphone).

Before placing an order, the Customer must register on the Website by creating a Customer Account using the provided form. The Customer must complete all fields marked as mandatory with an asterisk (*). Once the email address provided is valid and unique, the Customer will receive a confirmation email of their registration on the Website. The Customer can then place orders.

The Customer agrees to provide BEXLEY with accurate information and update it as needed by logging into their Customer Account.

The Customer agrees to use the Website solely for personal and non-commercial purposes and comply with all applicable laws and regulations. BEXLEY reserves the right, at its sole discretion, with or without notice, to delete or suspend access to the Customer Account temporarily or permanently in the event of a breach of any obligation under these sales terms.

To ensure a high level of security for information stored on the Customer Account, the Customer agrees to regularly change their password. At the end of each use of their Customer Account, the Customer must log out using the provided link.

In case of theft of any Login Credential, the Customer must immediately notify BEXLEY at contact@bexley.fr to allow BEXLEY to suspend access to the Customer Account using those credentials.

Once registered, the Customer can access the features offered by their Customer Account at any time, including:

• Consulting their personal information, addresses, and payment methods;
• Viewing order history and details;
• Managing exchanges and returns;
• Managing subscriptions to BEXLEY newsletters;
• Setting communication preferences with BEXLEY (email, SMS, and postal mail);
• Tracking their loyalty account progress and current loyalty vouchers.

5.ORDER

To place an order, the Customer can visit the BEXLEY website directly or call +33 (0)4 81 69 50 75 (non-premium rate number) from Monday to Friday, 9:00 am to 6:00 pm.

BEXLEY reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding a previous order. Orders are accepted subject to payment receipt. Placing an order implies acceptance of the prices, descriptions of the Products offered for sale, and these General Terms and Conditions of Sale.

To order, the Customer must follow the Website's ordering procedure, which includes the following steps:

• Selecting Products, their characteristics, and quantities added to the cart;
• Modifying or confirming the cart to place the order;
• Viewing prices, taxes, and delivery costs;
• Logging in or registering;
• Choosing the delivery method;
• Selecting the billing and delivery addresses;
• Choosing the payment method;
• Accepting these sales terms;
• Making the payment.

The order is summarized on the Website, allowing the Customer to verify the details, including price and provided information, and modify the order before confirming it. Order confirmation implies acceptance by the Customer of the sales terms, the purchased Products, their price, and any associated delivery costs, as indicated in the order summary.

BEXLEY acknowledges receipt of the order via email. The Customer formally accepts the use of email for BEXLEY's order content confirmation.

For any questions about an order placed on the Website or its execution, the Customer can contact BEXLEY at:

• Phone: +33 4 81 69 50 75 (non-premium rate number) from Monday to Friday, 9:00 am to 6:00 pm;
• Email: online contact form

6.PRICES

Our prices are expressed in euros, including all taxes, excluding shipping fees. BEXLEY reserves the right to modify its prices at any time without notice. Products are invoiced based on the applicable rate at the time the order is placed.

Promotional codes entered at the cart stage cannot be combined for a single order and are subject to the conditions presented during the offer (validity period, limited use, etc.).

Tax exemption: For any order delivered outside the European Union, Products will be sold excluding taxes. Tax exemption is automatically calculated in the cart when the delivery country is specified.

7.VALIDITY AND AVAILABILITY

Products and offers provided by BEXLEY are valid as long as they are visible on the Website and within the limits of available stock. Any Product available for order is in stock but is subject to a quality check during preparation.

If the ordered Product(s) are unavailable, the Customer will be informed of this and may, at BEXLEY's discretion, opt to have a Product of equivalent quality and price delivered or to be reimbursed without delay and no later than thirty days after payment of the amounts paid.

For orders to be picked up in-store, the Customer has 7 days to collect their order. Beyond this period, the order will be automatically canceled and refunded.

BEXLEY is free to remove at any time one or more Products offered for sale on the Website and/or to modify any photographs or information displayed on it.

Products offered for sale on the Website are accompanied by one or more photographs and a description presenting the essential characteristics of said Products as accurately as possible. The photographs and illustrations on the BEXLEY website are not contractual and do not bind BEXLEY’s responsibility.

8.PAYMENT TERMS

Orders must be paid in full and in a single installment.

Payment for a BEXLEY order can be made by credit card or bank transfer.

For credit card payments, the charge is made one day after the order date. In case of a declined transaction, the Customer is advised to contact their bank. BEXLEY cannot be held responsible in such cases.

For bank transfer payments, the order will only be definitively validated upon receipt of the due amount in BEXLEY’s bank account, the details of which are provided at the time of order placement.

When using loyalty vouchers, store credit, gift cards, or other promotional discounts for payment, such discounts can only be used once. No partial or full refund of a loyalty voucher will be issued. Loyalty vouchers are valid for purchases of at least €50 (excluding gift cards and shipping fees). They are issued 30 days after the Customer’s last purchase, are non-transferable, non-exchangeable, and non-refundable, and have a validity period of one year.

Products remain the property of BEXLEY until full payment is received.

9.PAYMENT IN 3 INSTALLMENTS WITH CB STARTING FROM €199 UP TO €2,000 WITH ONEY BANK

Our partner, Oney Bank, offers a financing solution called "3x Oney," which allows you to pay for purchases from €199 to €2,000 in 3 installments with your credit card.

Conditions:

This offer is reserved for individuals (adults) residing in France and holding a Visa or MasterCard with a validity date exceeding the financing period. Cards with systematic authorization, such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express, are not accepted.

Subscription Terms:

After completing your order, click on the "3x Oney card payment" button.

You will be redirected to the 3x Oney web page of our partner, which displays a detailed summary of your order and your personalized financing request, which you must validate.

Enter your personal information, or, if you have a 3x Oney account, log in using your account credentials.

Read the general conditions for multi-installment payment provided in PDF format, which you can read, print, and save before accepting them.

Confirm your electronic acceptance by checking the corresponding box.

You acknowledge that the "double click" associated with the checkbox for acknowledging the general terms and conditions constitutes consent to contract and an irrevocable and unconditional acceptance of the product’s general conditions.

Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank.

If you request a financing solution from Oney Bank, the information related to your order will be forwarded to Oney Bank, which will use it to review your application, manage, and recover credit.

Oney Bank reserves the right to accept or refuse your financing request for 3x Oney.

You have a 14-day withdrawal period to cancel your credit.

Operation:

Payment in 3 installments by credit card allows you to pay for your order on our website as follows:

• An initial installment, debited on the day of your order confirmation, representing one-third of the order value, plus fees equivalent to 1.61% of the total order amount.
• Two monthly installments, each representing one-third of the order value, debited 30 and 60 days later.

Payment in 3 installments starting from €199 and up to €2,000

Example: For a purchase of €150, an initial installment of €52.43 is required, followed by two monthly installments of €50.
Credit over 2 months at a fixed APR of 21.78%. Financing cost: €2.43, with a maximum limit of €30.

Conditions as of 02/15/2024 are subject to revision. For more information, visit oney.fr

Special conditions for limited promotional offers: For payment in 3 installments with no fees: financing cost is 0% of the total order amount. Example: For a €150 purchase, an initial installment of €50, followed by two monthly installments of €50. Credit over 2 months at a fixed APR of 0%. Financing cost: €0.

Oney Bank - SA with a capital of €51,286,585 - 34 Avenue de Flandre, 59170 Croix - 546 380 197 RCS Lille Métropole - Orias number 07 023 261 www.orias.fr -
Correspondence: CS 60006 - 59895 Lille Cedex 9 - www.oney.fr

10.DELIVERY FEES

Delivery fees are in addition to the price of the Products. They are offered under the following conditions:

- For delivery to a pickup point, for purchases of €99 or more, in mainland France, Belgium, Spain, and Luxembourg.
- For any order prepared in-store on the same day, with no minimum purchase requirement.

Delivery fees may vary depending on the location and options chosen by the Customer and are indicated before any order confirmation.

11.DELIVERY

Orders can be delivered to most countries worldwide. However, certain countries may not be available for delivery due to high customs fees or significant logistical challenges. For specific requests, please contact BEXLEY via the online contact form.

In case of errors in the names and/or contact details (including building numbers, staircases, access codes, names and/or intercom numbers, etc.) provided by the Customer for order delivery, BEXLEY cannot be held responsible for delays or the inability to deliver the ordered Products. Any costs incurred for a new Delivery will be charged to the Customer. When the Customer chooses a carrier option, the risk is transferred to the Customer upon the delivery of the Products to the carrier.

For payments made by bank transfer, the order will only be processed upon receipt of the due amount in BEXLEY’s bank account. Consequently, the applicable deadlines in this case start from the day payment is received and may differ from those mentioned below.

For Metropolitan France, Corsica, and Monaco, parcels are delivered:

• Via Chronopost to a pickup point: average delivery time is 3 to 5 business days.
• Via Chronopost home delivery: average delivery time is 2 business days.
• Via Chronopost express home delivery: delivery within 24 hours (or the next business day) for orders placed before 2:00 pm on weekdays (excluding weekends and public holidays).

For home deliveries in France, a secure 6-digit code and/or a QR code may be required for receiving parcels. This code will be sent to the Customer via SMS and/or email the day before delivery. If no secure code is provided, a signature will be required, meaning the recipient or an authorized third party must be present during the home delivery.

If absent, the parcel may be deposited at a nearby pickup point, where it will be held for a maximum of 7 days.

Delivery can be rescheduled before midnight by following the link sent via email and/or SMS.

Delivery times may be extended from the order date (especially during peak demand periods).

For Europe, parcels are delivered:

• Via Chronopost to a pickup point in Belgium, Spain, and Luxembourg: average delivery time is 3 to 5 business days.
• Via Chronopost home delivery: average delivery time is 3 to 8 business days.
• Via Chronopost express home delivery: average delivery time is 2 to 4 business days.

A secure 6-digit code and/or a QR code sent by email/SMS may be required for receiving parcels in the following countries:

Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, Greece, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden, Switzerland

Delivery can be rescheduled before midnight by following the link sent via email and/or SMS.

If absent, the parcel may be deposited at a nearby pickup point, where it will be held for 8 to 10 days, depending on the destination country.

Delivery times may be extended from the order date (especially during peak demand periods).

For French Overseas Territories (DOM-TOM): parcels are shipped via Chronopost express. The average delivery time is 4 to 9 business days.

Outside Europe: all parcels are handled by Chronopost, which may delegate delivery to one of its local partners. The average delivery time is 4 to 7 business days, depending on the destination.

Note: For orders delivered outside the European Union, customs fees and possibly handling fees related to customs clearance may be required upon parcel arrival in the destination country. These taxes, determined by local customs authorities, will not be covered by BEXLEY. It is recommended to contact local customs authorities to learn about the cost of these fees and taxes.

For orders to be picked up in-store:

• Store delivery: average delivery time is 3 to 5 business days.
• Express in-store pickup: preparation time after order validation by the store is 3 hours.

For any order to be picked up in-store, the Customer has 7 days to collect their order, after which it will be automatically canceled and refunded.

12.RETURN

12.1.Right of withdrawal

Legally, for any remote sale, the consumer has a period of fourteen clear days from the date of receipt of the goods to exercise their right of withdrawal without providing a reason or incurring penalties, except for return shipping costs, which remain their responsibility.

However, BEXLEY allows the Customer to return Products purchased online within 30 (thirty) days of the date the Products are received by the Customer or a third party other than the carrier designated by them. For a single order involving several Products delivered separately, the withdrawal period expires thirty days after the day the Customer or a third party other than the carrier and designated by the Customer physically takes possession of the last delivered Product.

12.2.Exercise of the right of withdrawal

All returns must be requested online through the Customer's personalized space in their Customer Account. When making the request, the Customer must specify whether they wish for an exchange, credit, or refund. For any validated request, a return label will be provided to the Customer. This return label must be included with the return package. For Customers outside Metropolitan France, the Product invoice must also be printed and included in the return package.

12.3.Effects of withdrawal

If a refund is requested, BEXLEY will refund all payments received, including delivery fees (except for additional costs resulting from the Customer’s choice of a delivery option other than the least expensive standard delivery offered) without undue delay and, in any case, no later than fourteen days from the day BEXLEY is informed of the Customer’s decision to withdraw.

BEXLEY will process the refund using the same payment method used by the Customer for the order, unless a different method is expressly agreed upon; in any case, the refund will not incur any fees for the Customer. BEXLEY may withhold the refund until the Product(s) subject to withdrawal are received or until the Customer has provided proof of shipping the Product, whichever comes first.

Refunds take into account discounts applied at the time of the order.

If Products purchased benefited from a bundled discount, the discount related to the bundle will no longer apply to the refund. For example, if three shirts were purchased, and two are returned, the refund calculation will be as follows: Amount paid for the three shirts - Value of the shirt kept.

For requests for store credit, it will be credited to the Customer’s account and can be used during payment on a future online order or in BEXLEY stores. The amount is calculated based on the discounted unit price, thus retaining the advantage of the discount linked to bundled purchases. For example, if three shirts were purchased, and two are returned, the store credit amount will be calculated as follows: 2 x (Amount paid for the three shirts)/3.

For promotional codes, the code's value is proportionally applied to each item line in the Customer’s order. Consequently, the portion of the promotional code applied to a Product will be deducted from the refund or credit amount for that Product.

12.4.Return deadlines and condition of returned Product(s)

Return shipping costs are the Customer’s responsibility. Only unused items in perfect condition and in their original packaging will be accepted. Any Product that has been used, worn, or damaged will be rejected by BEXLEY. The rejected Products will then be returned to the Customer without compensation or refund.

BEXLEY offers preferential rates for return shipping:

• €2.95 via Chronopost 2Shop, for one return per order.
• €5.95 via Chronopost 18, for one return per order.

If one of these discounted return services is selected, the parcel remains the Customer’s responsibility until it is delivered to the logistics platform. BEXLEY is not responsible for return delays, damage, or loss of the parcel handled by the Chronopost network.

13.WARRANTY

13.1.Compliance Warranty

BEXLEY guarantees that delivered Products comply with the description provided on the Website at the time of the order. The compliance warranty only covers non-compliance existing at the time of delivery of the Products.

According to Article L217-5 of the French Consumer Code, a Product is compliant if it is suitable for its intended use and, if applicable:

• Corresponds to the description provided by the seller;
• Has the qualities a buyer can legitimately expect based on public statements by the seller, producer, or their representative, particularly in advertising or labeling.

In case of such non-compliance, the Customer must inform BEXLEY without delay and no later than 3 business days after delivery by declaring a return under the "My Returns" section of their Customer Account.

If BEXLEY confirms the existence of non-compliance, the Customer can choose between repairing or replacing the Product. However, BEXLEY may not follow the Customer’s choice if it entails a cost that is clearly disproportionate to the other option, considering the Product's value or the defect's significance.

If repair and replacement are impossible, BEXLEY offers the Customer the option of returning the Product for a refund or keeping it with financial compensation determined by BEXLEY.

For returns, the Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, and accompanied by the order references and a copy of the Customer’s complaint.

Return shipping costs will be covered by BEXLEY.

13.2.Latent Defects

BEXLEY guarantees latent defects for Products sold on the Website under legal conditions: “warranty against hidden defects of the sold item rendering it unfit for its intended use or significantly diminishing its usability to the extent that the buyer would not have purchased it or would have paid less if they had known of the defect” (Article 1641 of the French Civil Code). The Customer has two years from discovering the latent defect to invoke the warranty. The Customer may submit their request by registered letter with acknowledgment of receipt and must prove the existence of the hidden defect.

If the hidden defect is acknowledged, the Customer may choose to return the defective Product and receive a refund or keep the Product and receive partial reimbursement.

The warranty for latent defects does not cover normal wear and tear or minor visible imperfections at the time of purchase (which are often the result of high-quality artisanal work).

14.CONTRACT ARCHIVING

The sales terms may be saved and printed by the Customer for preservation and reproduction. Any validated order summary constitutes an irrevocable commitment by the Customer. This document, which should be retained, serves as proof of the Customer’s order.

Under Article L.134-2 of the French Consumer Code, BEXLEY archives contracts concluded electronically for an amount exceeding €120 for ten years from their conclusion. The Customer may obtain a copy of their contract and invoices by logging into their Customer Account or completing the online contact form.

15.TRANSACTION SECURITY

To ensure payment security, BEXLEY uses a secure payment service that integrates SSL (Secure Socket Layer) and PCI security protocols. Confidential data, such as credit card numbers, expiration dates, and security codes, are encrypted and transmitted to secure servers. Under no circumstances are these data transmitted or stored on BEXLEY's server(s).

BEXLEY consistently pays close attention to the security of its website, particularly during the ordering and payment process. Accordingly, protocols align with market standards in terms of security. Therefore, older browsers may not always be compatible with the payment process on the Website.

16.COOKIES

Visitors are informed that cookies may be installed on their devices during visits to the BEXLEY website. Cookies may allow for visitor identification and the recording of actions performed on the BEXLEY website (pages and Products viewed, etc.). This enables returning Customers to be automatically logged into their loyalty space, avoid re-entering their details when placing an order, or receive personalized messages from advertising partners. Visitors may refuse cookies at any time by selecting the appropriate settings in their browser. However, this refusal may prevent the website from functioning correctly and accessing certain features.

To learn more about cookies, BEXLEY invites you to consult its Data Protection Policy.

17.PERSONAL DATA

BEXLEY respects the confidentiality of personal data communicated by the Customer and processes it in compliance with applicable regulations, particularly the General Data Protection Regulation (“GDPR”).

All data transmitted or collected by BEXLEY is confidential and used solely by BEXLEY and its commercial partners, with your consent.

To learn more about how BEXLEY processes your personal data, please consult our Data Protection Policy. There, you can find detailed information on the data processed by BEXLEY, processing purposes, retention periods, recipients, your rights, and how to exercise them.

18.INTELLECTUAL PROPERTY

The Website is the exclusive property of BEXLEY. BEXLEY and its partners, who have granted licenses to BEXLEY, are the sole and exclusive owners of the intellectual and industrial property rights related to the Website, as well as the texts, photos, and images displayed on the Website.

BEXLEY grants the Customer, who complies with all provisions of these sales terms, a personal, non-exclusive, and non-transferable right to access the Website for their own needs, strictly for personal and non-commercial use, free of charge and worldwide.

The Customer also acknowledges that, apart from the right of access, any other copying, reproduction, dissemination, publication, or distribution, by any means, of all or part of the contents of the Service, is strictly prohibited, whether for commercial purposes or not.

The Customer expressly agrees not to modify or delete any part of the notices or warnings regarding intellectual and/or industrial property rights related to the contents (texts, photos, images, etc.) present on the Website, even as part of the access right granted under the conditions defined above.

“BEXLEY” is a registered trademark of BEXLEY. Any representation, reproduction, or exploitation, in whole or in part, of the trademark, in any form, is strictly prohibited. This trademark may not, under any circumstances, be used by the Customer for promoting, manufacturing, or marketing any products or services without prior express written authorization from BEXLEY.

Furthermore, any extraction, integration, compilation, or use for commercial purposes of the information contained in the databases accessible from the Website, as well as the use of robots, data mining systems, and other data collection tools, is strictly prohibited.

19.LIABILITY

BEXLEY makes its best efforts to ensure the Customer can access the Website 24 hours a day, 7 days a week. However, BEXLEY does not guarantee the availability of the Website, that it is free of defects or errors, nor the reliability of transmissions and performance in terms of response time or quality. No technical support is provided to the Customer, whether electronically or by phone.

BEXLEY cannot be held responsible for any damage, data loss or alteration, profit loss, revenue loss, or any other indirect or consequential damage of any kind caused to visitors due to a malfunction of the BEXLEY Website, regardless of its cause.

BEXLEY’s liability cannot be engaged for the total or partial non-performance of the contract concluded with the Customer in cases of force majeure, events attributable to the Customer, or any unforeseeable and insurmountable event. Any inconvenience or damage inherent to using the Internet, including service interruptions, external intrusions, or computer viruses, cannot be attributed to BEXLEY.

20.APPLICABLE LAW

These General Terms and Conditions of Sale are subject to the application of French law. The language of this contract is French.

21.EVIDENCE AGREEMENT

The electronic acceptance of these sales terms between the Customer and BEXLEY has the same probative value as an agreement on paper.

In general, the Customer acknowledges and agrees to exchange with BEXLEY electronically, for example, for information sent during the execution of these sales terms.

22.DISPUTE MEDIATION

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, BEXLEY has implemented a consumer mediation system. The chosen mediation entity is: SAS CNPM -