TERMS AND CONDITIONS
Thank you for visiting www.Freeinstbarth.com.
Freeinstbarth.com (hereinafter “the Web site”) is the property of ST BARTH APPAREL (hereinafter “FREE IN ST BARTH” or “we”), a €1,000 -share capital limited company, having its head office at TOM BEACH HOTEL, BAIE DE ST JEAN, 97133 ST BARTHELEMY, registered under SIRET number 808 360 424.
These general terms of sales apply to all orders on the Web site.
These Terms are subject to modification and updates; accordingly, the terms applicable to products orders by customers are those applicable on the date of the order on the Web Site.
FREE IN ST BARTH may periodically update this Policy including for new, unanticipated uses not previously disclosed. Any changes made will be posted here. By visiting and continuing to use our Web site you agree to accept any changes made to this Policy. Please note that this Policy only addresses the use and disclosure of information we collect from you on our Web site.
I THE CUSTOMER
To be a Customer of our Web site you must be a consumer, of legal age and with full legal capacity or to be authorized by your parents to order on our Web site. The personal information you give to FREE IN ST BARTH when opening your customer account or upon any order you may place must be complete, accurate and up to date. FREE IN ST BARTH would not be responsible for undelivered product should the data prove incorrect. FREE IN ST BARTH reserves the right to cancel any order should the IP address of the customer be located in a country different from the billing and/or the delivery address.
II THE PRODUCTS
The products offered for sale are those featured on our Web site. FREE IN ST BARTH makes every effort to accurately present and describe the products to inform the Customer at best. It is, however, possible that our Web site may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on our Web Site, FREE IN ST BARTH agrees to remedy such non-compliance by exchanging / replacing the invoiced product(s).
We have done our best to display as accurately as possible the colors of the products shown on our Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
III ORDERING PRODUCTS
The acceptance of orders placed on our Web Site is subject to compliance with the procedure set up by FREE IN ST BARTH. This takes the form of a series of succeeding screen pages indicating the steps to be taken by customers to validate their order. You will have the possibility, before final validation of your order, to verify your order details and the total price, and to correct any possible errors, before confirming it and expressing your acceptance. Every confirmed order applies as a sale contract and an acceptance of all the present stipulations.
FREE IN ST BARTH is entitled to refuse any order made by a customer with whom a dispute exists in connection with the payment of a former order as well as any order that is not compliant with these general Terms of Sale.
In such cases, FREE IN ST BARTH will inform the Customer by e-mail. Unless the customer contacts us to correct the error or the non-compliance with these general Terms of Sale, we reserve the right not to process the order.
Once you have validated your order, FREE IN ST BARTH will promptly confirm receipt by sending you an e-mail to the address provided to us. In that aim, you formally accept the use of e-mail by FREE IN ST BARTH to confirm the content of your order. This confirmation e-mail will include all of the information provided by you, as well as the accepted price and terms of payment with an indication, as the case may be, of any possible difficulties or reservations in respect of the order. For each product, you will also receive, upon delivery, written confirmation of the price paid and of the shipping fees applicable to you.
We sometimes have products for sale that have not yet been received at our distribution center, or that has sold out and is being restocked. You can still order these items to reserve your favorite color or size, and then we’ll ship it to you when the product(s) you chose are replenished. The expected ship date for backordered merchandise will be sent to you via e-mail.
CHANGE MY ORDER
Please call us immediately at +590 690 550 495 or send us an email at [email protected] after placing your order to make any changes. There may be some instances where we are unable to modify your order, we apologize for any inconvenience and will do our best to assist you.
IV PRICE AND TERMS OF PAYMENT
1. CHOICE OF PRICE
The prices displayed on our Web site are in EUROS, shipping excluded. The total price of the order (shipping fees included) is mentioned in the cart.
FREE IN ST BARTH reserves the right to modify the prices at all times but the prices invoiced to customers are those applicable on the date of the order, subject to stock.
2. TERMS OF PAYMENT
To pay your order, you may use:
– A credit card: the Customer has access to a dedicated space made available by our banking establishment, which ensures the security and recording of the payment order. To this effect, the Customer expressively authorizes FREE IN ST BARTH to debit his account accordingly to the amount of the ordered products.
– A PayPal account: the Customer can login to its PayPal account and proceed to the transaction to finalize the sale.
Data registered and saved by FREE IN ST BARTH act as a proof of order and of all transactions done. Data registered by the payment system act as a proof of the financial transactions.
V – DELIVERY – WE OFFER WORLDWIDE SHIPPING
FREE IN ST BARTH will ship to the address you give in your order, it being specified that this must be your place of residence or that of any other individual of your choice.
To ensure the lead times can be met, you should check that you have provided complete and accurate information concerning the delivery address (such as, inter alia, road number, building number, staircase number, access codes, names and/or interphone numbers, etc.). Inaccurate information may result in longer delivery times or re-shipments.
Mentioned lead times are indicative of the average time to process order and to delivery it. FREE IN ST BARTH would not be held responsible for a delayed delivery due to external causes.
FREE IN ST BARTH will not be held responsible in case of any damaged delivery (already opened, missing product…).
VI –RETURNS / RIGHT OF CANCELLATION
Customers have a right of cancellation, without having to indicate the reasons for such cancellation, within a cooling-off period of 7 clear days from receipt of the products ordered.
Customers are responsible for the cost and the safe return (original packing, products are not to be worn nor washed) accompanied by the order number to the following address, for exchange only.
FREE IN ST BARTH
BP 1058 BAIE DE ST JEAN
TOM BEACH HOTEL
97133 ST BARTHELEMY
FRENCH WEST INDIES
FREE IN ST BARTH does not offer refunds.
EXCEPTIONS FOR RETURNS
For hygiene purposes, FREE IN ST BARTH will not accept returns for underwear and bathing suits.
VII –REFUND POLICY
FREE IN ST BARTH does not have a refund policy. We only accept exchanges.
VIII – WARRANTIES
Every order is submitted to the Customer’s acceptance of the Terms & conditions of use, which are subject to the French law. In case of litigation, the French Courts shall have the exclusive jurisdiction to resolve it. In case of problem or complaint, the Customer may address an e-mail to [email protected] to find a mutual agreement.
IX – USE OF YOUR INFORMATION
FREE IN ST BARTH collects personal data on our Web site that is required for processing orders. Such data may be communicated, in whole or in part, to our service providers involved in fulfilling the order.
Customers are informed that such personal data is also collected by bodies in charge of analyzing orders and fighting against credit card fraud.
You have a right to access, modify, correct, oppose and delete personal data concerning you.
X – COPYRIGHT POLICY FOR THE WEB SITE
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to FREE IN ST BARTH without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of FREE IN ST BARTH to terminate the privileges of any user of the web site who infringes the copyright rights of others upon receipt of prompt notification to FREE IN ST BARTH by the copyright owner or the copyright owner’s legal agent.
XI – THIRD PARTY LINK
In an attempt to provide increased value to our visitors, FREE IN ST BARTH may choose various third-party web sites to link to from its own web site. However, even if the third party is affiliated with FREE IN ST BARTH, FREE IN ST BARTH has no control over these linked sites, all of which have separate privacy, security, and data collection practices, independent of FREE IN ST BARTH. FREE IN ST BARTH has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, FREE IN ST BARTH seeks to protect the integrity of its Web site and the links placed upon it and therefore requests any feedback on not only its web site, but for web sites it links to as well.
Should you have any questions concerning these Terms or any of our policies, please contact us at [email protected]