general conditions of sale
Article I - Acceptance of the Terms
The customer acknowledges having read, at the time of placing the order, the specific terms and conditions of sale set out on this screen and expressly declares their acceptance without reservation.
These general terms and conditions of sale govern the contractual relationship between BE MAAD and its customer, and both parties accept them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless otherwise expressly agreed in writing.
The website allows BE MAAD to offer most of its products (hereinafter "products") for sale to buyers who are consumers, over 18 years of age, and have full legal capacity.
These General Terms and Conditions of Sale govern the relationship between BE MAAD and customers wishing to make a purchase or browse the website. Any order for a product offered on the website implies the customer's full acceptance of these terms and conditions.
In the event of any modification to these general terms and conditions of sale, the applicable general terms and conditions of sale are those in effect on the order date.
Article II - Identity of the Seller
2.1. Operation
This website is operated under the name BE MAAD by the Limited Liability Company BE MAAD, a company with a capital of €5,000, registered with the Paris Trade and Companies Register under number 814 984 159, with intra-community VAT number FR 74 814984159.
The Seller designs and manufactures jewelry (hereinafter referred to as the "Products"), presented on the Website worldwide.
2.2. Publisher
S.A.R.L. Be Maad
38, rue Madeleine Michelis
92200 Neuilly-sur-Seine
Customer service contact details are as follows:
email: contact@bemaad.com
2.3. Publication Director
Laura Attias
2.4. Host
Online S.A.S., a simplified joint-stock company with a capital of €214,410.50; a subsidiary of the Jjad group, registered with the Paris Trade and Companies Register under number RCS PARIS B 433 115 904, intra-community VAT number FR 35 433115904.
Online S.A.S.
BP 438
75366 Paris CEDEX 08
The website is hosted by Shopify Inc., whose head office is located at 126 York St., Ottawa, ON K1N 5T5, Canada. Telephone number: 1-888-746-7439.
Article III – General Provisions Relating to These Terms and Conditions of Sale
Purpose of the Terms and Conditions of Sale
This website is published by BE MAAD, a limited liability company, registered with the Paris Trade and Companies Register under number 814 984 159, with an intra-community VAT number FR 35 433115904.
These General Terms and Conditions of Sale are entered into between BE MAAD, a limited liability company with a capital of €5,000, whose registered office is located at 38, rue Madeleine Michelis - 92200 Neuilly-sur-Seine, France, registered with the Paris Trade and Companies Register under number 814 984 159, with an intra-community VAT number FR 35 433115904, hereinafter referred to as the seller, and any natural person, consumer visiting and/or wishing to make a purchase. a purchase via the website www.bemaad.com, hereinafter referred to as the "Customer".
These general terms and conditions of sale define the terms and conditions of distance selling between BE MAAD and the user, including orders, payments, delivery, returns, refunds, and exchanges.
Any order placed on this website www.bemaad.com implies the user's irrevocable acceptance of these general terms and conditions of sale. Any user who does not adhere to these conditions should not make a purchase on the website.
The user who accepts the general terms and conditions of sale declares that they are of legal age and have full capacity to enter into a contract, and are not under guardianship or curatorship.
The user also declares that they will not place orders on the website http://wwww.bemaad.com for fraudulent purposes, with the aim of reselling them, or using them for any form of cinematographic representation without notifying the seller. The user undertakes to provide the seller with correct personal contact information and other information in order to properly process their requests and orders.
BE MAAD reserves the right to request one or more copies of additional supporting documents (identity documents, affidavits, etc.) in the event of suspicious commercial behavior by the user, and to prevent any fraudulent use of personal and/or banking data.
Availability of the General Terms and Conditions of Sale
The General Terms and Conditions of Sale are available to the user, directly and freely available on the website www.bemaad.com. They may also be communicated to the user upon request by email or postal mail.
The General Terms and Conditions of Sale are binding on the user, who acknowledges, by confirming their order, having read and accepted them before placing an order.
Validation of the order by its confirmation constitutes the buyer's acceptance of the general terms and conditions of sale in effect on the date of the order, the preservation and reproduction of which are ensured by BE MAAD, in accordance with Article 1369-4 of the French Civil Code.
Scope of application of the general terms and conditions of sale
These general terms and conditions of sale are exclusively applicable to products delivered in France and all other delivery countries. All contractual information mentioned on the website www.bemaad.com is written in French.
The general terms and conditions of sale exclusively govern online sales contracts for products offered by BE MAAD, publisher of the website http://bemaad.com, hereinafter referred to as "the seller," to the user.
The terms and conditions, as well as the order form, constitute the contractual documents binding on the parties, to the exclusion of any other document such as catalogs, product images, and brochures, which are for informational purposes only.
Modification and Adaptation of the General Terms and Conditions of Sale
BE MAAD reserves the right to adapt or modify these General Terms and Conditions of Sale at any time for legitimate reasons. In the event of a modification to the General Terms and Conditions of Sale, the applicable version is the one in effect on the date the order is placed, a copy of which, dated on that date, may be provided to the user upon simple request by email or post.
However, if a condition is missing, it will be considered to be governed by the customs in force in the distance selling sector, for companies with their registered office in France.
Clauses of the general conditions of sale
In the event that one of the clauses of these general conditions of sale is null and void due to a change in legislation, regulation or following a court decision, this will not result in the nullity of all the general conditions of sale.
The temporary or permanent non-application of one or more clauses of the general conditions of sale by the seller cannot be considered a waiver on its part of the other clauses of the general conditions of sale which continue to produce their effects.
Article IV – Products and Services
Offer
This website, www.bemaad.com, is intended to offer costume jewelry and fashion accessories for sale to individuals. The items offered for sale by SARL BE MAAD under the BE MAAD brand are listed on the website www.bemaad.com on the date the user visits the website.
Product offers, services, and delivery, payment, return, and refund terms are valid for orders placed by the user in mainland France, overseas territories, and European Union member states, subject to available stocks, and for deliveries to these same geographic areas. In the event that a product becomes unavailable after the user has placed the order, BE MAAD undertakes to inform the user as soon as possible.
The offers presented on the website www.bemaad.com are valid as long as the products are listed in the electronic catalog and while stocks last, with the exception of offers with a specific duration specified. In the event that an offer has specific validity conditions, these conditions will be indicated on the BE MAAD website in the offer details.
Promotional offers cannot be combined with each other and are valid for one use per person. It is not possible to benefit from a promotional offer if payment is made with a credit note from a return.
Promotional codes cannot be combined with each other, nor can they be combined with promotional offers.
The essential characteristics of the products are presented on www.bemaad.com on each of the product sheets. However, the images and colors of the products offered for sale on www.bemaad.com may not correspond to the actual colors due to the effects of the internet browser and screen used.
These products are made from natural stones, which makes the jewelry unique. The images and colors of the photos displayed on the website vary from the actual product received by the customer.
Article V – Order
5.1. Acceptance
The offer is deemed accepted and validated by the user upon order confirmation.
5.2. Order Confirmation
The user must complete several steps prior to concluding the sales contract:
- fill their virtual shopping cart
- indicate the quantities and version(s) of the product they wish to receive
- select a payment method
- enter the information relating to the selected payment method
- select a delivery method
- enter the information relating to the delivery method of the order
The user may check the details of their order and its price in euros, inclusive of all taxes, before confirming their order by clicking on the "Confirm Order" button.
Confirmation of the order constitutes irrevocable acceptance, which may only be challenged within the limits set forth in these general terms and conditions of sale. It automatically entails the user's acceptance of the general terms and conditions of sale and concludes the sales contract.
Once the order is confirmed by the user, BE MAAD undertakes to send an email to the user acknowledging receipt of the order and payment as soon as possible.
5.3. Order Validation
BE MAAD reserves the right to refuse any order for legitimate reasons, and, more specifically, if the quantities of products ordered are abnormally high for a user with consumer status, or if we are unable to obtain payment authorization.
As part of its policy to combat fraud and identity theft, BE MAAD may request a photocopy of an identity document from the user. While awaiting this document, the order will be "pending validation." The requested document must be provided by the user within 10 days to ensure prompt processing of the order.
Be Maad reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order.
5.4. Order Modification
No order modification is possible after the order has been confirmed.
5.5. Unavailability of the Product or Service Ordered
If the product and/or service ordered by the user is unavailable, BE MAAD undertakes to inform the user as soon as possible and to offer them a product and/or service of equivalent quality and price.
If the product and/or service is unavailable and in the event of disagreement between the parties, the user will be refunded the amount paid when confirming their order within thirty business days from the user's actual payment date.
Article VI - Prices
In accordance with Article L.113-13 of the French Consumer Code, the prices of products sold by BE MAAD and presented on the website www.bemaad.com are indicated in euros, inclusive of all taxes.
These prices do not include a fixed contribution to shipping costs, which include packaging, packaging, and postage according to the current rates. They include the VAT applicable on the day the user places the order. Any change in the rate may be reflected in the price of items sold on the website www.bemaad.com, and the user may be informed thereof upon request by email or postal mail.
BE MAAD reserves the right to modify or adjust its prices at any time; however, in the event of a price change, the current rates charged to the user are those indicated at the time the order is placed. The total amount owed by the customer is indicated on the order confirmation page.
In the event of a price promotion, the seller agrees to apply the previously indicated promotional price to any order meeting the promotional conditions for the entire duration of the indicated promotion.
Payments can be made via PayPal or by credit card via the Stripe payment system. Payment in 3 interest-free installments is also available via the Alma platform for orders over €100 placed in France only.
If the Customer wishes to pay for their order in three interest-free installments, they accept ALMA's general and specific terms and conditions. The Customer agrees to ensure the funds allocated for each monthly payment are covered.
Article VII – Contract
7.1. Conclusion of the Contract
The contract is formed when the user confirms their order by clicking the "confirm order" button.
The confirmation click constitutes an electronic signature and has the same value as a handwritten signature between the two parties.
7.2. Archiving and Proof
In accordance with Article 1348 of the French Civil Code, the archiving of communications between the parties, purchase orders, and invoices is carried out on a reliable and durable medium in order to constitute a faithful and durable copy of the original.
These communications between the parties, purchase orders, and invoices may be produced as proof of the contract.
The user is advised to keep at least one electronic and/or paper copy of their purchase order, as well as the email acknowledging receipt of their order confirmation sent by BE MAAD.
Article VIII – Returns, Refunds, and Credits
8.1. Withdrawal
Upon receipt of the products, the user has a withdrawal period of fourteen clear days to return the delivered products without providing a reason or paying a penalty, except for return shipping costs, to the following address:
BE MAAD
38, rue Madeleine Michelis
92200 Neuilly-sur-Seine
When exercising their right of withdrawal, the user can choose between a refund (in the case of non-sale products) or a credit note for products offered on the website www.bemaad.com. They must inform BE MAAD of their choice by email at the following address: contact@bemaad.com.
Refund: BE MAAD undertakes to reimburse the user for all amounts paid as soon as possible and no later than thirty days following the withdrawal date. Delivery costs are non-refundable in the event of withdrawal. Sale products are not eligible for refunds in the event of dissatisfaction.
Credit: BE MAAD undertakes to provide the user with a credit note for the amount paid when confirming their order.
Refunds to the user can only be made using the same payment method used when placing the order. Credit notes and refunds are available only once. Therefore, the user cannot exchange, receive a refund, or obtain a credit note for a product obtained through a refund or credit note.
If the product for which the credit note is not received by BE MAAD within 15 business days of the user's decision being communicated, BE MAAD reserves the right to cancel the new order and reimburse the user in accordance with the rules applicable to withdrawals.
8.2. Products and Services Excluded from the Right of Withdrawal
BE MAAD reserves the right to refuse the return of any product that is worn, incomplete, damaged, soiled, or modified by the user.
For hygiene reasons, pierced earrings cannot be returned or exchanged.
Sale items, private sale items, personalized products or products made to the user's specifications, and products that cannot be separated from other items sold in sets/boxes are also excluded from the right of withdrawal.
Products from imperfect sales are excluded from all returns and refunds.
8.3. Returns
If the user wishes to return the products they have received, they can submit their request directly on our website via this link. All returns must be made within 14 business days of receipt of the order. The customer must first submit their request directly on the website, making sure to specify the order number and send it to the following postal address:
BE MAAD
38, rue Madeleine Michelis
92200 Neuilly-sur-Seine
Returns for a refund are at the customer's expense: €5 will be deducted from the refund.
Returned products must be in their original packaging, complete, in perfect condition, and accompanied by the original purchase invoice. Returns are the user's responsibility; they must send them by registered mail with a declaration of the product's value, and bear the associated costs.
For all international orders, each customer can request their return here.
1. Online Sales: For purchases made on our website, it is possible to exchange or request a refund, online or at the 6th arrondissement store. For all after-sales service inquiries, please write to us at the following email address: contact@bemaad.com. 2. Purchases at the 6th arrondissement store: For purchases made in our 6th arrondissement store, exchanges are possible in-store. No refunds will be issued; only credit notes will be offered. For any after-sales service requests, please write to us at the following email address: contact@bemaad.com.
3. Purchases at Galeries Lafayette: Items purchased at Galeries Lafayette are refundable and exchangeable only at the store where the purchase was made. We recommend that you refer to the return policy of the relevant Galeries Lafayette store. For any after-sales service requests, please write to us at the following email address: contact@bemaad.com.
4. Purchases from resellers: For purchases made from our resellers, returns and exchanges are subject to the specific conditions of the store in question. For any after-sales service requests, please contact the store or write to us at the following email address: contact@bemaad.com.
For any questions or additional requests, please do not hesitate to contact us.
8.4. Exchanges and Credits
The customer has 14 days from receipt of their item to request an exchange. A first exchange is possible subject to availability of the new item requested.
A second exchange may be granted, but after two exchanges, no refund will be issued, and the customer will be issued a credit in the form of a gift card corresponding to the value of the last item returned.
In the event of a proven product defect or non-compliance, the customer will be entitled to a refund in accordance with the terms and conditions provided for by applicable law.
8.5. Defective Products
If the product ordered (unworn, unused) by the user is defective, BE MAAD undertakes to repair the product at its expense and return it to the user.
The user has 72 hours upon receipt of their order to notify Be Maad. After this period, the defective product(s) will no longer be considered defective.
To obtain a repair for their product, the user must inform BE MAAD customer service of their repair request as soon as possible by email at the following address: contact@bemaad.com, making sure to include their order number.
BE MAAD customer service can then register the request and possibly validate it. BE MAAD customer service will send the user an email acknowledging receipt of the request and informing them whether or not their repair request has been validated.
The user must then return the defective product in its original packaging, along with the original invoice to the following address:
BE MAAD
38, rue Madeleine Michelis
92200 Neuilly-sur-Seine
Upon receipt of the defective product, BE MAAD will repair the user's product and return it to the user as soon as possible, or at most within thirty days of receipt of the defective product.
If the product cannot be repaired, BE MAAD undertakes to offer the user a credit note on the BE MAAD online store, or a refund for the amount paid by the user for the defective product.
Products worn, used, soiled, damaged, or altered by the user are not considered defective. Defects are in no way a result of natural wear and tear of the jewelry. BE MAAD is not liable for defects caused by the user.
BE MAAD reserves the right to refuse repair, refund, or credit note to the user if the defective product returned by the user is incomplete.
8.6. Gift Card
The gift card must be credited with a minimum amount of €50.
This card can be used multiple times, until the expiry date. To do so, the recipient must contact customer service to request a new code to benefit from this credit. This credit will be valid for 12 months from the date of purchase of the gift card.
No credit can be issued on gift cards.
The recipient of the gift card is free to place an order for an amount greater than the amount of the gift card, by adding the additional amount.
You can specify your personalized message in the "Message" section of the gift card.
The gift card is valid for 12 months from the date of purchase. This card is neither exchangeable nor refundable. It cannot be replaced or refunded if the code is lost or if the validity period is exceeded.
Article IX – Payment
9.1. Accepted Payment Methods
Payment is due in full after the user confirms their order. Payment is due immediately and in full upon confirmation of the order.
Several payment methods are available to the user to pay for their order: by credit card or PayPal transfer.
The information required for payment by credit card or PayPal transfer is requested from the user when placing the order.
9.2. Online Payment Security
This website www.bemaad.com is equipped with an online payment security system to facilitate the encryption of the user's banking information, thus ensuring a secure payment.
The user's credit card numbers are never shared with BE MAAD and cannot be stored or used for fraudulent purposes.
The cards accepted for payment of orders are Carte Bleue, Visa, Mastercard, and Amex.
9.3. Delays and Non-Payments
The date of full payment for the order marks the date the order is prepared.
Also, any partially paid order delays the delivery of the products ordered by the user, and any order that has not been paid for prevents delivery of the order.
BE MAAD reserves the right to cancel the preparation and delivery of any order that has not been paid or partially paid, pending the user's payment of the amount due.
Article X – Delivery
10.1. Delivery Terms
Products are shipped to the delivery address indicated by the user when placing the order. This address also appears on the order form and payment acknowledgment.
If the user wishes to opt for a specific delivery method that does not appear on the list of available methods, they must request this before confirming their order by contacting BE MAAD customer service by email at the following address: contact@bemaad.com.
In the event of a delivery error, the user is required to inform BE MAAD on the day of delivery, or at the latest the business day following delivery.
The user may be required to sign a delivery slip to confirm receipt of the order and the conformity and condition of the product packaging.
In the event of damage or partial loss of the product, the user must express their reservations on the delivery slip, a copy of which must be sent to BE MAAD; within three business days of receiving the order, the user must notify the carrier of these reservations by registered letter with acknowledgment of receipt, in accordance with Article L.133-3 of the French Commercial Code.
10.2. Delivery Times
BE MAAD undertakes to ensure the shipment of products ordered by the user within three days of receipt of payment.
Products ordered by the user and paid for by credit card or PayPal transfer will be shipped within two business days of the date the payment confirmation email is sent to the user.
Delivery times may vary depending on the delivery method chosen by the user. For more information, please visit our "Deliveries and Returns" page.
When placing an order, BE MAAD undertakes to deliver the products ordered by the user as quickly as possible, and no later than thirty business days from the date the payment acknowledgment email is sent.
Additional delivery times may be added to the previously indicated delivery times in the case of international deliveries or other issues related to the chosen carrier. BE MAAD shall not be held liable for these additional delays; however, the latter undertakes to inform the user of any additional delays as soon as it becomes aware of them.
10.3. Delays and Non-Deliveries
If the order is not received within the timeframe indicated in the order confirmation email, the user is advised to contact BE MAAD customer service directly by email at the following address: contact@bemaad.com.
Delays exceeding thirty business days from the date the payment acknowledgment email was sent and not due to force majeure may result in the cancellation of the sale by the user.
In this case, the user must cancel their order by registered letter with acknowledgment of receipt addressed to BE MAAD, sent by mail to the following address:
BE MAAD
38, rue Madeleine Michelis
92200 Neuilly-sur-Seine
If applicable, the user must return the products received to the same address if they have been delivered. Upon receipt of the products, BE MAAD will refund the amounts paid in full to the user as soon as possible, and no later than thirty business days.
A total failure to deliver will automatically terminate the contract.
10.4. Delivery Costs
BE MAAD allows the user to choose their delivery method from among various options. These options can be viewed directly and freely on the website www.bemaad.com when placing the order. Delivery costs are indicated in euros, inclusive of all taxes.
They may vary depending on the type of shipping selected, the characteristics of the order, and the geographic delivery area.
Deliveries and services provided outside of France will be subject to the provisions of the General Tax Code relating to VAT.
Orders placed on the website www.bemaad.com and delivered outside of France may be subject to potential taxes and customs duties imposed at the destination. These potential taxes and customs duties are the responsibility of the user. BE MAAD is not required to verify or inform the user of any applicable taxes and customs duties. To learn more about these, the user is advised to contact the competent authorities in the country of delivery.
Article XI – Warranties
11.1. Legal Warranties
All products offered for sale on the website www.bemaad.com are covered by the commercial warranty provided for in Articles L217-21 to L217-24 et seq. of the French Consumer Code; and by the warranty against hidden defects provided for in Articles 1641 et seq. of the French Civil Code; allowing the user to return any product delivered defective (unworn and unused) or non-compliant.
The warranty is valid for one year from the date of purchase. The warranty does not cover breakage of the jewelry or its gilding, as this depends on the product's use. It also includes the repair of zirconia, a stone that has fallen out, or a pendant following natural wear and tear, and a worn clasp.
BE MAAD undertakes to reimburse the user for the full amount paid, or to exchange the defective or non-compliant (unworn and unused) product for a product of equivalent value, while stocks last.
However, the seller reserves the right to refuse any abusive or improper refund request.
Products offered for sale by BE MAAD are guaranteed for one year from the date of purchase.
Shipping costs for all types of repairs are the responsibility of the customer.
Article XII – Liability
12.1. Transfer of Risk and Ownership
The transfer of ownership of the product from BE MAAD to the user occurs when the user pays the full price of said products. Delivery times do not affect the transfer of ownership of the products.
The transfer of risks associated with the product occurs as soon as it is received by the user.
12.2. Disclaimer
BE MAAD cannot be held liable in the event of total or partial non-performance of the contract, or improper performance of the contract due to:
- the user
- an insurmountable and unforeseeable act of a third party to the contract
- a case of force majeure or fortuitous events
The products offered for sale by BE MAAD are guaranteed to comply with French standards. BE MAAD cannot be held liable for non-compliance with the laws of the user's country outside of this territory; it is therefore the user's responsibility to verify that the product is not prohibited for sale in their country.
The symbols, texts, and illustrations displayed on BE MAAD brand products are used for decorative purposes and BE MAAD cannot be held liable for their original or misleading meaning.
BE MAAD is in no way responsible for the offers and statements made by its resellers.
Article XIII – Intellectual Property
This entire website, www.bemaad.com, is the exclusive property of BE MAAD. All its elements are protected by French intellectual property law, including copyright, trademark, and patent law.
Any reproduction or dissemination of these elements without the prior written authorization of BE MAAD may expose violators to legal action.
Article XIV – Protection of Personal Data
14.1. Collection and Processing of Personal Data
The collection of personal data, its use for order processing and customer database creation, and its disclosure to third parties responsible for order fulfillment and payment are subject to the consent of the person concerned and are retained.
The collection of personal data is necessary for order processing, invoicing, payment, and proper delivery. This data is strictly confidential and is intended only for BE MAAD.
The processing of this data, retained by the publisher for the sole purpose of proper order administration and business relations, is subject to a declaration to the French National Commission for Information Technology and Civil Liberties. This personal data is retained for a period of three years, in the event of inactivity on the website www.bemaad.com.
The user has the right to access, modify, rectify, and delete their personal data at any time.
14.2. Use of Cookies
The user is informed that this website www.bemaad.com uses cookies.
Cookies are computer files stored on the user's computer, which allow the user to record a previous visit to the website www.bemaad.com.
BE MAAD intends to use cookies solely for the purpose of providing the user with a personalized browsing experience.
The user may refuse cookies at any time by configuring their internet browser, but this will result in the loss of all customization options for the website http://bemaad.com.
Article XV – Dispute Resolution
15.1. Complaints
All complaints must be addressed to BE MAAD and sent by post to the following address:
BE MAAD,
38, rue Madeleine Michelis
92200 Neuilly-sur-Seine
You can also contact them at the following email address: contact@bemaad.com
15.2. Applicable Law
These General Terms and Conditions of Sale, which form the sales contract, are subject to French law.
15.3. Territorial Jurisdiction
In the event of a dispute, the parties undertake, before any legal action, to seek an amicable solution.
In the event of a dispute relating to orders and/or these General Terms and Conditions of Sale, the court with jurisdiction to resolve the dispute is the court of the defendant's domicile or the place of actual delivery of the product.
In the event of a cross-border dispute within the domestic or foreign market, the French courts shall have jurisdiction to resolve any dispute relating to the order or the general terms and conditions of sale.
Article XVI – Newsletters
BE MAAD may send Customers information relating to the brand's commercial offers and products by various means: email and SMS, subject to prior acceptance.
The Customer may opt out of these commercial prospecting mailings at any time, free of charge, by clicking on the "unsubscribe" link in each email or by making a request to a store, via their online account, by mail, or by replying STOP by SMS.
Terms and Conditions updated on September 3, 2024.