Terms and Conditions of Sale

Definitions

Items: Ready-to-wear items (all categories of items) offered ("added" to the Site) by Members for sale or purchase on the Site. All items offered for sale must be in one of the following conditions:
- New condition: With its original label, never worn
- Excellent condition: Like new with no signs of wear or defects.
- Very good condition: Shows only minor signs of wear, invisible from 30cm away.
Under no circumstances may items be in any other condition (damaged, worn out, unwearable, stained, with holes, misshaped, dirty, etc.).
Transfer form: In order for the Item to be authenticated and eligible for trade-in, the member must print a transfer form to transfer ownership of the item to ba&sh. This transfer form is available at the item dispatch stage. The transfer form must be in the Member's name and must include the condition of the item and the Member's signature. Otherwise, the transfer order will be null and void. On receipt, the transfer form is kept for 90 days (except in the event of a dispute, when it is kept until its conclusion).
Parcels: Item(s) purchased or exchanged on the Site, packaged in accordance with the packaging conditions set out below, accompanied by the dispatch slip printed out and correctly stuck to the packaging and intended to be delivered to Post Office, Pickup point or Chronopost branch, with a view to its delivery to the recipient in the event of a purchase or to ba&sh in the event of an exchange. Parcels must be carefully packed and the Item must be in the condition described on the Site and washed.
Order: refers to any order placed by a registered member on this Site.
Member Account: means a Member's account created by registering as a Member and providing a valid e-mail address and password. Through their Member account, Members can buy or exchange Items.
Terms and Conditions of Sale and Use or "T&Cs of Sale/Use": refers to these general terms and conditions of use and online sales.
Trade-in: When a Member sends their fashion Items directly to the Site in exchange for credit or a voucher, this is referred to as a trade-in.
Printing the shipping label: When the address has been filled in, the Member prints the label for their parcel, enabling them to drop off the Item to be exchanged. The Member must print their parcel label and stick it on the package containing their Item, which they have packed themselves. The label must be legible and the parcel may be refused if the label is illegible, badly printed, badly stuck on or torn.
Member: means, in the singular or plural, a natural person who may use the Website after registering (valid e-mail address) and accepting these Terms and Conditions of Service. All Members undertake to provide accurate information regarding their identity, address and other data required to access and use the service and to update any changes to this information. To benefit from the services offered by the Website, all Members must reside in mainland France, including Corsica, Belgium, Germany, the Netherlands, Spain, and Luxembourg. Each Member is both a sender when exchanging Items and a recipient when purchasing Items.
Electronic wallet: means the electronic money account opened on the account of the buying and exchanging Member into which they receive the credit from their trade-in which they can then convert into a voucher to be used on:
- ba-sh.com
- seconde-main.ba-sh.com
- In ba&sh shops in the country of trade-in

Packaging rules:
Package dimensions: it is the Member's responsibility not to exceed the maximum dimensions (the sum of the length, width and height must be less than 120 cm).
Weight of the Parcel: this must correspond to the weight of the Article advertised and must not exceed 20 kg in the case of delivery via collection points.
The Parcel packaging must secure the contents and allow handling and transportation without risk to its integrity or to the safety of the transport personnel. If a Member does not comply with these packaging rules, the Carrier may refuse the parcel, at its sole discretion.
Company: refers to ba&sh

Site: both ba&sh and its services available through the site seconde-main.ba-sh.com Acceptance of a Parcel by the Carrier does not imply acceptance of the compliance of the packaging with the rules set out above. If these rules are not respected, Members is liable for the additional cost and for collecting the Parcel at their own expense, which the Member hereby accepts. Item value or trade-in offer: means the amount shown as credit on the Site for the trade-in of an Item when entered into the exchange section of the Site. The Member obtains an estimate of the trade-in value of their Article using the automatic calculator which automatically estimates the trade-in value. The trade-in value is determined according to a number of criteria. This price is estimated, re-evaluated and approved within 10 working days.
Purpose

The Terms of Service define the contractual conditions of the relationship between seconde-main.ba-sh.com and the Member.
Scope

The services of seconde-main.ba-sh.com are reserved for persons residing in Metropolitan France, Belgium, Germany, the Netherlands and Spain.
Personal use
The Site is restricted to natural persons and for the personal use of Items purchased or sold. Under no circumstances whatsoever may the Site be used to support any commercial activity.
Items subject to exchange and purchase
Only Items corresponding to the categories of Items offered may be the subject of purchase or exchange on the Site.
Obligations of ba&sh
Except in cases of force majeure, seconde-main.ba-sh.com undertakes to use its best endeavours to make access to the pages of the Site and access to each Member's account available to Members on the Site.
Registration

The services of seconde-main.ba-sh.com are open to persons duly registered on the Site. Registration is open to all adults. The Member undertakes to refrain from disclosing their login details and the Site can not be held liable if any damage results from the disclosure of their login details by a third party. If the Member loses their password, they can click on the "forgotten password" link and their login details will be sent to the e-mail address provided when registering. If a Member completes the registration form with one or more inaccurate or incomplete details, registration may be refused or the account deleted without notice or compensation and without any recourse on the part of the Member.
The Member undertakes to inform seconde-main.ba-sh.com without delay of any improper use by third parties of its login details


Item exchange
The Site offers a service that directly exchanges fashion Items for a credit or promotional code, open to any registered Member.
1)The Member enters their item in the Sell section and obtains an estimate of its trade-in value using the automatic calculator. The estimated trade-in value is determined on the basis of numerous criteria (type, material, condition, etc.) and is generated automatically. The amount of the credit will be confirmed by e-mail within 14 working days of receipt of the item. This amount cannot be negotiated with the site. Items without a brand name or with the brand name label cut off will not be accepted.
Any Item offered for sale must be in one of the following conditions:


- New condition: With original label, never worn.
- Excellent condition: Like new with no signs of wear or defects.
- Very good condition: Only minor signs of wear, invisible from 30cm away.
Members are asked to check that their Items are free of defects and comply with the trade-in conditions. Failure to comply with these rules may result in suspension or even deletion of the account. The Site only buys back items whose types and sizes are included in the list made available to the selling customer when the trade-in offer is made online in the Sell section of the Site.
2) The Member ships the Items free of charge:
They use their own packaging (cardboard, etc.) and print the shipping label themselves, which they stick onto their package.
3) The Site receives the Items within 4-5 working days and checks each Item within 10 working days of receiving the parcel. The Member receives a summary of the Articles accepted or refused with their trade-in values by e-mail to the address provided on the Site at the time of registration. Accepted Items are checked in our premises in Neuvy-Saint-Sépulchre and then put up for sale on seconde-main.ba-sh.com. The Site will then be responsible for promoting the Items online and offering them for sale on various resale channels, in particular on the Site.
4) Members receive their credit amount on the Site, in their Member Area. The sum will be credited once the Articles have been processed. Members can use their credit to buy Items on the Site seconde-main.ba-sh.com or on the site ba-sh.com or in a ba&sh store in the country of trade-in. If several items have been accepted, the member will obtain a credit per item that can be used on the site and can generate as many vouchers as desired (up to a maximum of €250 per voucher). If the member wishes to use their credit on the seconde-main.ba-sh.com website, they can use all their entire credit at once.
5) If an item is refused, is not in the condition stated by the member, is non-functional or is outside the scope of the programme, no credit will be given. Rejected items will not be returned, but will be donated to an association or used for in an upcycling initiative. In the event of any disagreement, customers can contact customer service at help@ba-sh.com. In the event of a parcel being lost or damaged during transport, the Chronopost insurance policy taken out by Faume may cover the Member's compensation.

Promotional codes Vouchers cannot be combined on ba-sh.com, seconde-main.ba-sh.com, or in store. Vouchers cannot be used on current promotions.

Once the trade-in offer has been approved, the Member may keep the amount credited to purchase Items on the Site or convert it into a promotional code to purchase Items on the seconde-main.ba-sh.com site.
Promotional codes are valid until their expiry date, on any order of items to pay for the price of the items. If the value of the order is greater than the amount of the promotional code, the difference must be paid by the Buyer using one of the other payment methods offered on the site. If several items have been accepted, the member will obtain one promotional code per item that can be used on the site, up to a limit of one code per order.
The Buyer may not use several promotional codes to pay for the same order. They cannot be combined.
A promotional code cannot be used for an order that has already been confirmed.
All promotional codes have an expiry date specified.
Promotional codes cannot be exchanged or refunded.
All promotional codes must be used in full and cannot be redeemed in instalments.
Promotional codes cannot be used on promotions already running.


second-hand.ba-sh.com credit Once the trade-in offer has been approved, the Member may keep the amount credited to purchase Items on the Site.
Credits are valid for all items offered for sale on the Site. Credits are valid, until their expiry date, on any order of items to pay for the price of the items and the associated delivery costs. If the value of the order is greater than the amount of the credit, the difference must be paid by the Buyer using one of the other payment methods offered on the site.
Credit cannot be used for an order that has already been confirmed.
All promotional codes have an expiry date specified. Credit cannot be exchanged or refunded.
All promotional codes must be used in full and cannot be redeemed in instalments.
Item to be exchanged
By exchanging an Item, the Member warrants:
- To be the owner of the Item.
- To have the legal capacity and all the necessary authorisations to offer the Item in Exchange.
- To contractually commit to the accuracy of the information provided.
- To provide all the necessary information on the quality and condition of the item
- The Member remains solely responsible for the Exchange of an Item that is banned from sale, that contravenes the regulations in force, public order and morality.
- To respect morality, decency and public order in the description of the Items
- To refrain from sending counterfeit Items: the Site may request a certificate of authenticity in order to verify the information provided by the Member. The Site reserves the right to verify the authenticity of an Item and may refuse the Item even the item proves to not be counterfeit. Members are reminded that it is forbidden to offer counterfeit Items. Counterfeiting is an offence punishable by law that infringes the intellectual property rights of brand owners.
The Member must provide the original copy and/or an electronic copy of any element proving the ownership of the Item, its origin and its authenticity, at the Site's request.
The authenticity of an item is paramount to us. If, subsequent to buying back of one of your items, it is found to not be authentic, we will consider ourselves to be the victim of an error in substantia within the meaning of Article 1110 of the French Civil Code.

Shipping information verification
Your home address is required to ship your package.
Members must ensure that their address is always kept up to date. This information data will be provided to the Carrier under the sole responsibility of the Member.
It is the sole and entire responsibility of the Member to enter correct, complete, true and accurate information that will enable the Carrier to proceed with the delivery of the Item from the sender's collection point to the recipient's collection point.
A Member may be held liable if the information provided by them or by a third party, in particular the postal address and collection point information, is incorrect or untrue and does not allow the delivery service to be carried out by the Carrier.

In the event of a parcel being lost or damaged during transport, the Carrier's insurance may cover the Member's compensation.
As the delivery of the parcel containing the trade-in items is carried out by Chronopost, a third-party service provider, the Member is hereby informed that seconde-main.ba-sh.com cannot be held liable in any way in the event of non-performance or poor performance of this delivery.
In the event of a lost or damaged parcel, the Member must provide proof of deposit of the parcel by the Chronopost agency or relay point. However, in the event of proven loss by the Chronopost carrier, seconde-main.ba-sh.com undertakes, exceptionally, to compensate the seller customer according to the weight of the lost parcel recorded by Chronopost, with a maximum of 23€ in credits per kilo lost per parcel on the seller's second hand wallet.
If the parcel is lost before being handed over to the Chronospost carrier, compensation will not apply. The Member must contact the consignee or the pick-up relay point.

Packaging rules
Package dimensions: it is the Member's responsibility not to exceed the maximum dimensions (the sum of the length, width and height must be less than 120 cm) indicated on the Site
Package weight: it must correspond to the weight of the Item advertised and must not exceed 20 kg.
The Parcel packaging must secure the contents and allow handling and transportation without risk to its integrity or to the safety of the transport personnel.
If a Member does not comply with these packaging rules, the Carrier may refuse the parcel, at its sole discretion.
The Member's Parcel may also be held at the Carrier's offices and its recovery shall be at the Member's expense.
Acceptance of a Parcel by the Carrier does not constitute acceptance of the compliance of the packaging with the rules indicated above.
If these rules are not respected, Members is liable for the additional cost and for collecting the Parcel at their own expense.



Printing the shipping label:
When the Member has chosen their shipping point (in a post office or at a drop-off point), the Member prints the shipping label for their parcel.
The Member must print the slip and stick it on their parcel, which they have packed themselves.
The label must be legible and the parcel may be refused if the label is illegible, badly printed, badly stuck on or torn.
Printing the transfer form
In order for the Item to be authenticated and eligible for trade-in, the member must print a transfer form to transfer ownership of the item to second-main.ba&sh.com. This transfer form is available at the item dispatch stage. The transfer form must be in the Member's name and must include the condition of the item and the Member's signature. Otherwise, the transfer order will be null and void.
Drop-off and pick-up of parcels
The Member drops off their Item accompanied by the shipping label printed and stuck on the parcel, either in a post office or at a drop-off point

Members who have confirmed an Exchange undertake to drop off their Item within 15 days of receiving the e-mail confirmation.
Members must collect their Parcels as soon as they are notified of its arrival at the chosen delivery address.
However, if a Member has particular difficulties in collecting their parcel, the must immediately inform the Site by e-mail or telephone, so that a solution can be found.
Member obligations
Members must guarantee the truthfulness and accuracy of the information they provide on the Site, and in particular their personal information. seconde-main.ba-sh.com may ask the Member at any time to prove the accuracy of their personal information by sending a copy of their ID and proof of address. Failure to send supporting documents within one month of such request authorises seconde-main.ba-sh.com to delete the Member's account. Members must honour the contracts entered into in connection with the use of the Site in complete good faith.
Members must not:
- Offer counterfeit Items.
- Create more than one account under any circumstances.
- Manipulate or deliberately manipulate the Site or the billing process.
- Publish false, defamatory or slanderous information, and/or information that includes personal details. - Transfer their account and login details to another user.
- Copy, modify or distribute Site content, Site services and tools and the Site brand.
- Gather or collect information about Members without their consent or without the consent of the Site.
- Gather or collect information on seconde-main.ba-sh.com without the consent of seconde-main.ba-sh.com
- Hack, modify, damage or destroy Site data and access secondhand.ba-sh.com data that is not accessible or that is not presented in an explicit manner.
- More generally, use the seconde-main.ba-sh.com website in bad faith and/or fail to comply with any of the provisions of these terms of service.
- Post or disseminate in any form whatsoever any information or content that has the effect of diminishing, disrupting or preventing the normal use of the services, interrupting and/or slowing down the normal flow of communications between Members via the services, such as software, viruses, logic bombs, mass mailings, etc.
- Distribute viruses or any other technology that could be harmful to seconde-main.ba-sh.com, the interests of seconde-main.ba-sh.com Members or their property.
Any breach of these restrictions may lead to the deletion of the Member's account, after formal notice by email to cease the contractual infringement has been sent by seconde-main.ba-sh.com and has remained unsuccessful for a period of 7 calendar days. seconde-main.ba-sh.com also reserves the right to close the accounts of Members that have not been confirmed, as well as accounts that have been inactive for more than one year.
Order

Orders can only be placed when members have registered on the Site. Once logged in to their account, members can add items to their virtual shopping basket. They can then access the summary of their virtual basket to confirm the items they wish to order and complete their Order by clicking the "Checkout" button.
Customers must enter a valid address, delivery method and payment method in order to finalise the Order and effectively form the sales contract between them and the Company. Completion of the Order implies acceptance of the prices of the items sold, as well as the delivery terms and times indicated on the Site.
Once an Order has been placed, the member will receive confirmation by e-mail. This confirmation will summarise the Order and the relevant delivery information. Placing an Order constitutes the conclusion of a distance selling contract between the Company and the member.
Items and prices
The items that are covered by the T&Cs of Sale/Use are those that appear on the Site and are sold by the Company. The items are described on the relevant page within the Site and all their essential characteristics are stated. Sales are subject to the Company holding sufficient stock. The latter cannot be held responsible for stock shortages or for the inability to sell an item of which there is no stock. When a registered User wishes to purchase an item sold by the Company via the Site, the price indicated on the item's page corresponds to the price in euros, including all taxes, excluding delivery costs and taking into account discounts applicable on the day of the Order. The price indicated does not include delivery costs, which will be shown, where applicable, in the summary before the Order is placed. Under no circumstances may a User demand the application of discounts that are no longer applicable on the date of the Order.
Terms and payment
Unless otherwise agreed, all sales are paid for in full at the time the Order is placed. Payment can be made by:
- Credit card via a secure connection
- Apple Pay


Transfer of risk and ownership
For consumer members, the transfer of risk takes place on delivery or when the goods are collected from the store if the member has chosen in-store delivery.
Legal guarantees
The items sold on the Site are guaranteed in accordance with the legal provisions of the French Consumer Code and Civil Code as set out below:
Article L.217-4 of the French Consumer Code:
"The seller delivers goods that conform to the contract and is liable for any lack of conformity at the time of delivery. They shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, where the latter was their responsibility under the contract or was carried out under their responsibility. "
Article L.217-5 of the French Consumer Code:
"The goods conform to the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
if they correspond to the description given by the seller and have the qualities that the seller presented to the buyer in the form of a sample or model;
if they have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by their representative, particularly in advertisements or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter"
Article 1641 of the Civil Code:
"The seller is liable for any hidden defects in the goods sold that render the same unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had they been aware of such defects.
The guarantee is limited to the replacement or reimbursement of items that are non-compliant or are affected by an undeclared defect. It is not applicable in the event of misuse or abnormal use of the article or in the event that the item does not comply with the legislation of the country to which it is delivered. The member must inform the Company of any defects within two years. The Company will rectify any items found to be defective wherever possible. If the Company's liability is accepted, the guarantee is limited to the amount paid excluding taxes by the Consumer for the supply of the items. Replacement items do not extend the warranty period.
When returning a second-hand order, please note that the refund is first transferred to your second hand account and then to your credit card if the value to be refunded exceeds the value of the voucher used.
Modifications

The Company reserves the right to modify the Site, the T&Cs of Sale/Use and any delivery procedure or other element of the services provided by the Company through this Site. When an Order is placed, the Member is subject to the provisions set out in the T&Cs of Sale/Use in force when the Order was placed.
Responsibility
The Company cannot under any circumstances be held responsible for the unavailability of the Website, whether temporary or permanent, and although it endeavours to ensure that the service is always available, it may be interrupted at any time. In addition, the Company reserves the right to make the Site voluntarily unavailable in order to carry out any updating, improvement or maintenance operation. As previously mentioned herein, the Company cannot be held responsible for delays in delivery for reasons that are beyond its control, independent of its will, unforeseeable and unavoidable or for which it cannot be held at fault.
Intellectual property
The trademark, logo, and graphic design of this Site are trademarks registered with INPI and intellectual property is protected by copyright, the ownership of which belongs exclusively to the Company. Any dissemination, use, representation or reproduction, whether in whole or in part, without the express authorisation of the Company will render the perpetrator liable to civil and criminal proceedings.
Jurisdiction clause
The T&Cs of Sale/Use are governed by French law. Any dispute that may arise between the Company and a User in the fulfilment of these terms and conditions will be subject to an attempt at amicable resolution. Failing this, any disputes will be referred to the competent courts.
Acceptance of the T&Cs of Sale/Use
The Member or Members expressly accept the T&Cs of Sale/Use. The member declares that they are aware of these terms and conditions and waives the right to invoke any other document, in particular their own general terms and conditions of purchase.
The Consumer acknowledges having been informed of the information and details set out in Articles L.111-1 to L.111-7 of the French Consumer Code, and in particular:
- the essential characteristics of the item;
- the price of the items;
- the date or deadline by which the Company undertakes to provide the Service;
- information relating to the identity of the Company (postal, telephone and electronic contact details);
- information relating to the legal and contractual guarantees and the procedures for their implementation;
- the right to have recourse to conventional mediation in the event of a dispute;
- information relating to the right of withdrawal (deadline, procedures for its exercise).
Arbitrator details
Medicys
73 boulevard de Clichy, Paris 75009 cagnotte puis en CB si la valeur à rembourser dépasse la valeur du bon utilisé.

Modifications

La Société se réserve le droit de modifier le Site, les CGV/CGU ainsi que toute procédure de livraison ou autre élément constitutif des prestations réalisées par la Société par le biais du présent Site.
Lorsqu'une Commande est passée, le membre est soumis aux stipulations énoncées par les CGV/CGU en vigueur lors de la passation de la Commande.

Responsabilité
La Société ne peut en aucun cas être tenue responsable pour l’indisponibilité, qu’elle soit temporaire ou permanente du Site Internet et bien qu’elle mette en œuvre tous ses moyens afin d’assurer en permanence le service, il se peut que celui-ci soit interrompu à tout moment. En outre, la Société se réserve le droit, par un acte volontaire, de rendre le Site indisponible afin de réaliser toute opération de mise à jour, d’amélioration ou de maintenance. Tel que mentionné auparavant dans les présentes, la Société ne peut en aucun cas être tenue responsable des retards de livraison pour des motifs qui échappent à son contrôle, indépendants de sa volonté, imprévisibles et irrésistibles ou dont la faute ne peut lui être imputable.


Propriété intellectuelle
La marque, le logo, et la charte graphique du présent Site sont des marques déposées auprès de l'INPI et des œuvres de l'esprit protégées au titre du droit d'auteur, dont la propriété revient exclusivement à la Société. Toute diffusion, exploitation, représentation, reproduction, qu’elle soit partielle ou intégrale, sans l’autorisation expresse de la Société exposera le contrevenant à des poursuites civiles et pénales.


Clause attributive de compétence
Le droit régissant les CGV/CGU est le droit français. Tout litige pouvant survenir entre la Société et un Utilisateur lors de l’exécution des présentes fera l’objet d’une tentative de résolution à l’amiable. A défaut, les litiges seront portés à la connaissance des tribunaux compétents de droit commun.


Acceptation des CGV/CGU
Le membre ou les membres accepte(nt) expressément les CGV/CGU. Le membre déclare en avoir connaissance et renonce à se prévaloir de tout autre document, notamment ses propres conditions générales d'achat.

Le Consommateur reconnaît avoir eu connaissance des informations et renseignements prévus aux articles L.111-1 à L.111-7 du Code de la consommation, et notamment :
- les caractéristiques essentielles de l’article ;
- le prix des articles ;
- la date ou le délai auquel la Société s'engage à fournir le Service ;
- les informations relatives à l'identité de la Société (coordonnées postales, téléphoniques, électroniques) ;
- les informations relatives aux garanties légales et contractuelles et à leurs modalités de mise en oeuvre ;
- la possibilité de recourir à une médiation conventionnelle en cas de litige ;
- les informations relatives au droit de rétractation (délai, modalités d'exercice).

Coordonnées du médiateur
Medicys
73 boulevard de Clichy, Paris 75009