Terms of sale
Article 1 : Designation of the seller
This website (www.big-crush.com) is operated by BIG CRUSH, hereinafter referred to as the Seller, a simplified joint-stock company with a capital of €1,000, whose registered office is located at 10 rue de la Paix, 75002 Paris, registered with the Paris Trade and Companies Register under number 941 120 115, and represented by Ms. Hélène Fulchi, in her capacity as President.
These General Terms and Conditions of Sale (GTC) govern the relationship between the Seller and the Customer who purchases products on the website.
Customer service contact details are as follows: contact@big-crush.com
The website is hosted by OVH, whose registered office is located at 2 rue Kellermann - 59100 Roubaix - France.
The Seller designs, manufactures, and markets all types of textile products, including clothing, footwear, and accessories (hereinafter referred to as the "Products"), presented on the Website worldwide.
Article 2 : Purpose of the GTC
The GTC apply exclusively to the sale by the professional Seller of Products presented on the Website, which is freely accessible to all Internet users.
The GTC exclusively govern sales contracts to buyers who are consumers (hereinafter referred to as the "Customer") and are binding on the parties, to the exclusion of all other documents, brochures, catalogs, or photographs of the Products, which are for informational purposes only.
The GTC apply exclusively to Products purchased by Customers from the Website.
The Customer is prohibited from any resale of new Products delivered by the Seller.
The GTC, as well as all contractual information mentioned on the Website, are written in French. The General Terms and Conditions are made available to Customers on the Seller's Website, where they can be viewed directly and can also be communicated to the Customer upon request by email or post.
The General Terms and Conditions are binding on the Customer, who acknowledges 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 in effect on the date of the order, the retention and reproduction of which are ensured by the professional Seller in accordance with Article 1127-2 of the Civil Code.
The Seller reserves the right to modify its General Terms and Conditions at any time. In the event of a modification to the General Terms and Conditions, the applicable General Terms and Conditions are those in effect on the date of the order, a copy of which, dated on that date, may be provided to the Customer upon request.
The invalidity of a contractual clause does not invalidate the General Terms and Conditions unless it is an impulsive and determining clause that led one of the parties to enter into the sales contract. The temporary or permanent failure of the Seller to apply one or more clauses of the General Terms and Conditions of Sale shall not constitute a waiver on its part of the other clauses of the General Terms and Conditions of Sale, which shall continue to be effective.
These General Terms and Conditions of Sale shall prevail over any other contractual document of the Customer.
Article 3 : Products
The Seller offers for sale the products described on the website while stocks last. The characteristics and prices of the products are presented on the website.
Offers are valid as long as they are visible on the Website and the Customer can add the product to their shopping cart. The Seller reserves the right to withdraw from sale, at any time and without notice, any Product present on the Website and/or to replace or modify any information associated with the Products appearing on this Website.
In the event that a Product is unavailable, after placing an Order, the Customer will be informed by email, and their order will then be automatically canceled. Product characteristics (photographs, graphics, PRODUCT descriptions, etc.) are provided for informational purposes only and may vary over time. Only the product image displayed at the time of the Order should be considered by the Customer.
Characteristics and images are not contractually binding.
In the event of errors or omissions relating to the description of a product, the seller's liability is limited to the reimbursement of the standard return shipping costs (postal rates) incurred by the Customer.
Article 4 : Price
The sales prices, in accordance with Article L.112-1 of the French Consumer Code, are indicated, for each of the Products listed in the electronic catalog, in euros, inclusive of all taxes, excluding delivery and shipping costs mentioned before the order is confirmed and invoiced in addition.
The total amount owed by the Customer is indicated on the order confirmation page, including delivery and shipping costs.
The Product's selling price is the one in effect on the day of the order.
For sales outside the European Union, it is expressly stated that customs clearance fees and the payment of various duties or taxes are the responsibility of the Customer.
In the event of a price promotion, the Seller undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.
The Seller reserves the right to modify its prices at any time, while guaranteeing the Customer that the price in effect on the day of the order will be applied.
Article 5 : Ordering
The Customer may place an order on the website by following the instructions provided.
The Customer declares that they are at least 18 years old and have the legal capacity, or if they are a minor, guarantees that they have parental authorization to place their Order. To place an order, the Customer must follow the online purchasing process and click on "order" to submit the order.
The order is considered final as soon as the customer clicks the "Order" or "Confirm Order" button.
Confirming the order implies acceptance of the General Terms and Conditions and forms the contract between the Seller and the Customer.
An email acknowledging receipt of the order and payment will be sent by the Seller as soon as possible.
Any modification to the order by the Customer after confirmation of the order is subject to acceptance by the Seller.
The Seller reserves the right to refuse any order for legitimate reasons, and more specifically:
- if the quantities of Products ordered are abnormally high for buyers with consumer status
- if there is a prior dispute regarding unpaid amounts
- if the Buyer has acted in breach of these General Terms and Conditions or in the event of objective suspicion of fraud.
- The Seller shall not be held liable for the consequences resulting from incorrect or incomplete information provided by the Customer, particularly regarding the quantities and types of Products ordered.
Article 6 : Payment
Payment is made online by credit card, Visa, MasterCard, or PayPal.
Payment is considered complete as soon as the transaction is validated by the payment system.
Transactions made on the Website are secure for the entry of payment data: card number, expiration date, and security code.
A VAT invoice may be sent to the Customer upon simple request to the Seller.
Article 7 : Delivery
Products are delivered to the address indicated by the Customer when ordering.
The Customer will receive an Order number by email confirming receipt of the order and will be informed of the various stages of their Order by email (to the email address provided by the Customer).
All orders placed on the Website will be shipped within 48 hours, Monday to Friday (excluding public holidays), and no later than the date indicated when placing the Order.
The Customer is offered several delivery methods, chosen by the Customer and at the Customer's expense.
Shipping costs in France and Europe are free for all orders over €150 including VAT (the Seller reserves the right to modify or cancel this offer at any time, without notice).
The Products are delivered to the delivery address indicated by the Customer when placing the Order.
The Products ordered will be delivered within a time frame specified at the time of finalization of the order.
Delivery times depend on the selected delivery method.
Each delivery is deemed to have been made upon the Customer's availability, in particular by the carrier, as evidenced by the control system used by the carrier. The Seller cannot be held responsible for late delivery due to the Customer's unavailability after the carrier has offered several appointments.
The Customer is informed that it is their responsibility to provide the necessary details for the proper delivery of their Order (e.g., access code). If the delivery address provided by the Customer is invalid and therefore results in the package being returned for non-delivery at the address provided, the cost of reshipping the package to the new address provided will be borne by the Customer.
When the Product is delivered to the address indicated on the order form by a carrier, it is the Customer's responsibility to check the condition of the delivered Product in the presence of the delivery person and, in the event of damage or missing items, to make reservations on the delivery slip or the transport receipt, and possibly to refuse the Product and notify the Seller.
Article 7 : Customer return
The Customer may return their ordered Product(s) within 15 days of placing the Order by completing the return process on your account or by contacting Customer Service by email: (contact@big-crush.com).
Return costs remain entirely the responsibility of the Customer.
Products must be returned accompanied by the delivery slip received at the time of the Order.
To be eligible for return, the Product must meet the following conditions:
- The Product must be new, with its original label, and returned in its original packaging.
- The Product must not have been worn and/or washed, must not be damaged or stained, and must not have an unpleasant odor.
Returned Products will be refunded (excluding delivery costs) to the Customer if the order is returned in its entirety.
The Seller will process the refund using the same payment method used for the initial transaction.
Any Product that does not comply with the return conditions set out in this article may not be returned.
In the event of a return for exchange, return costs remain entirely the responsibility of the Customer. As compensation, and subject to validation of the return by the Seller, the Customer will benefit from free delivery for their next order, subject to the following conditions:
- The next order must be placed within 15 days of validation of the return.
- This offer is valid for delivery in France and Europe, excluding express or specific deliveries.
- The Seller reserves the right to modify or cancel this offer at any time, without notice.
Article 9 : Right of withdrawal
The Customer may withdraw, without giving a reason, within 14 days from the date of receipt of the Product.
To exercise the right of withdrawal, the Customer must inform the Seller's customer service (contact@big-crush.com), specifying their name, postal address, telephone number, and email address, as well as their decision to withdraw from the contract. To be returned, the Product must meet the conditions indicated in the "Customer Returns" section.
The Customer must return the Product(s) to the Seller at the address indicated without undue delay and, in any event, no later than 14 days after informing Customer Service of their decision to withdraw.
In the event of withdrawal, the Seller will reimburse all payments received from the Customer (excluding delivery costs if the order is returned in full), without undue delay and, in any event, no later than 14 days from the day the Seller is informed of the decision to withdraw.
Return costs remain entirely the responsibility of the Customer.
Article 10: Legal guarantee of conformity and guarantee against hidden defects
In accordance with the legal provisions in force, the Customer benefits from the legal guarantee of conformity against defects existing at the time of delivery and the legal guarantee against defects or hidden defects in the Products sold. The Customer must notify the carrier and the Seller of any reservations regarding the delivered Products. Any complaints regarding the Products, particularly in the case of defective, damaged, non-compliant, or apparent defects, must be notified by the Customer to the Seller without delay by email using the contact information provided on the Website, specifying the Product(s) concerned and the nature and type of defect.
It is the Customer's responsibility to provide all supporting documentation to substantiate the defect. The Seller may request one or more photos of the Product. If the Seller accepts a return, particularly in the case of a lack of conformity, the
Customer will have the choice between a refund or replacement of the Product with an equivalent Product offered by the Seller.
The warranty for all our Products is a manufacturer's or importer's warranty. It is limited to the replacement or refund of the defective Product. The Seller's liability and warranty are excluded in the event of a defect resulting from the Customer's use of the Product, and in particular from use that is not in accordance with the Product's intended use.
Reminder of the applicable legal provisions:
Art. Article L. 211-4 of the French Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity that exists at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been assigned to him by the contract or has been carried out under his responsibility."
Article L. 211-5 of the French Consumer Code: "To comply with the contract, the goods must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
a) correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model;
b) present the qualities that a Customer can legitimately expect in light of the public statements made by the seller, the producer, or his representative.
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-7 of the French Consumer Code: "Lack of conformity that appears within six months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity."
Art. L. 211-7 of the French Consumer Code: "If repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price or keep the goods and receive a partial refund. The same option is available to him:
1° If the solution requested, proposed, or agreed upon pursuant to Article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the customer, given the nature of the goods and the intended use. However, the sale cannot be cancelled if the lack of conformity is minor.
Art. L. 211-12 of the French Consumer Code: "The action resulting from a lack of conformity is time-barred after two years from delivery of the goods."
Art. 1641 of the French Civil Code: "The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish this use that the customer would not have purchased it, or would have paid a lower price for it, had they been aware of them."
Art. 1648, paragraph 1 of the French Civil Code: "The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect." »
Article 11 : Liability
The Professional Seller shall not be held liable in the event of non-performance or improper performance of the contract due either to the Customer's actions, the insurmountable and unforeseeable actions of a third party to the contract, or force majeure.
Similarly, the Seller shall not be held liable for damages of any kind, whether material, immaterial, or bodily, which may result from the misuse of the products sold.
The Seller declares that it is insured with a reputable insurance company for its operating liability.
Article 11 : intellectual property
The elements reproduced on the Site (including, in particular, photographs, videos, logos, graphic design, texts, data, etc.) are the exclusive property of Big Crush.
Any reproduction or distribution, even partial, of these elements without the prior express authorization of Big Crush exposes offenders to legal action. The Products marketed by BIG CRUSH are also protected by intellectual property law and may not be copied. Big Crush reserves the right to take appropriate legal action against any third party who copies its Products.
Article 12 : cookies
When connecting to the Website, the user is informed that it uses cookies (connection cookies) which record information relating to the Customer's computer's browsing on the website.
These cookies are only installed after acceptance by the Customer; continued browsing on the website constitutes acceptance.
The Customer may object to the use of these cookies by configuring their browser; however, access to certain services may require prior acceptance of cookies by the user.
Article 13 : Personal data and privacy policy
The rules applicable to the processing of personal data by the Seller are detailed in the personal data management policy, accessible by clicking here
Article 14 : Applicable law and jurisdiction
This contract is subject to French law.
In the event of a dispute, the consumer must contact the Seller's customer service department by email or post, using the contact details provided in the header of these General Terms and Conditions.