General Terms and Conditions of Sale
IDENTITY OF THE SELLER
The site basmastour.com is published and operated by Basmastour LLC, a Limited Liability Company registered in the State of New Mexico (United States), whose registered office is located at 2105 Vista Oeste NW, Ste E 3550, Albuquerque, NM 87120, United States (hereinafter "Basmastour," "we").
Contact: basmastour@gmail.com
Certain payment platforms or banks may apply conversion or international transaction fees during payment. These potential fees are beyond our control and remain the responsibility of the customer.
ARTICLE 1 – OBJECT AND SCOPE
These General Terms and Conditions of Sale ("GTCS") govern all sales of products concluded remotely between Basmastour and any consumer customer placing an order on the site basmastour.com (hereinafter "the Customer").
Any order implies the prior, express, and unconditional acceptance of these General Terms and Conditions of Sale (GTCS), materialized by a checkbox during the order confirmation. The applicable GTCS are those in effect on the day of the order. Basmastour reserves the right to modify them at any time; changes do not apply to orders already placed.
For consumer customers residing in the European Union, the mandatory provisions of the consumer law of their country of residence (notably the French Consumer Code for customers residing in France) apply in full force.
ARTICLE 2 – PRODUCTS
The products offered for sale are those listed on the site, within the limits of available stock. Each product has a descriptive sheet specifying its essential characteristics: dimensions and lengths in centimeters, fabric composition, care instructions, and size guide.
The Customer is invited to read this information carefully before ordering, particularly the indicated measurements and size guide, in order to choose the size suitable for their body type.
The photographs of the products are as faithful as possible but cannot guarantee a perfect match with the delivered product, particularly regarding color rendering, which may vary depending on screens.
ARTICLE 3 – PRICES
Prices are indicated in euros, all taxes included, excluding delivery charges. Delivery fees are indicated to the Customer before the final confirmation of the order.
For deliveries outside the European Union, customs duties, local taxes, or import fees may be required upon receipt. These fees are the sole responsibility of the Customer, who is encouraged to inquire with the authorities in their country.
Basmastour reserves the right to change its prices at any time, it being understood that the applicable price is the one in effect at the time of order confirmation.
ARTICLE 4 – ORDER
The ordering process includes the following steps: selecting products and adding them to the cart; verifying the contents of the cart with the possibility to correct errors; entering contact details and delivery address; choosing the delivery method; choosing the payment method and accepting the T&Cs; final validation of the order constituting an obligation to pay.
An order confirmation summarizing all elements is sent by e-mail to the Customer. The Customer agrees to provide accurate and complete information, including a valid e-mail address and a correct delivery address. Basmastour cannot be held responsible for the consequences of an input error by the Customer.
Basmastour reserves the right to refuse or cancel any order in case of an existing dispute with the Customer, legitimate suspicion of fraud, or payment default. An order that has already been prepared, packaged, and handed over to the carrier can no longer be modified or canceled; the Customer can then exercise their right of withdrawal under the conditions of Article 7.
ARTICLE 5 – PAYMENT
Payment is made online at the time of the order, by credit card, PayPal, or any other payment method offered on the site. Transactions are secured and payment information is encrypted during transmission; Basmastour never has access to the Customer's complete credit card data.
The products remain the property of Basmastour until full payment of the price.
ARTICLE 6 – DELIVERY
Orders are delivered to the address provided by the Customer at the time of the order, according to the delivery methods offered on the site (notably Colissimo, Mondial Relay for France and Belgium, Happy Post for international). Preparation and shipping times are specified on the site and at the time of the order.
In accordance with Article L216-1 of the Consumer Code, delivery occurs no later than thirty days after the conclusion of the contract, unless a different timeframe has been agreed upon with the Customer. In case of exceeding this timeframe, the Customer may, after unsuccessfully urging Basmastour to deliver within a reasonable additional timeframe, terminate the contract and obtain a refund of their order.
The risk of loss or damage to the products is transferred to the Customer at the moment when the Customer, or a third party designated by them, physically takes possession of the products. In case of a delivered damaged package or missing products, the Customer is invited to make reservations with the carrier.
MONDIAL RELAY:
ALL RETURNED ORDERS TO THE SENDER WILL NOT BE RECOVERED.
Please collect your orders at the pickup point within the indicated timeframe (5 days), we disclaim responsibility for returns to the sender and are not liable for this. We will not consider any claims and no refunds will be possible.
Please check your emails (spam) to be notified of the arrival of your package and avoid any issues. Make sure to provide a correct email address at checkout.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with Articles L221-18 and following of the Consumer Code, the consumer Client has a period of fourteen (14) days from the receipt of their order (or the last product in the case of split delivery) to exercise their right of withdrawal.
7.1 – Online Withdrawal Feature
In accordance with Article L221-21 of the Consumer Code, the Client can exercise their right of withdrawal directly online through the "Withdraw from the contract here" feature, accessible at the bottom of the basmastour.com website for the entire duration of the withdrawal period. This free feature allows the Client to provide their first and last name, the order references concerned, and the email address to which the acknowledgment of receipt will be sent, and then to confirm their decision using the "Confirm withdrawal" button.
Basmastour sends the Client, as soon as possible, an acknowledgment of receipt of their withdrawal statement on a durable medium, mentioning the content of the statement as well as the date and time of its sending.
7.2 – Other Methods of Exercise
The Client may also exercise their right of withdrawal by sending an unambiguous statement expressing their intention to withdraw to basmastour@gmail.com, or the standard withdrawal form reproduced at the end of these terms and conditions.
7.3 – Return of Products
The Client returns the products to Basmastour, without undue delay and no later than fourteen (14) days after communicating their decision to withdraw, to the return address that will be provided by email. Return shipping costs are the responsibility of the Client. The products must be returned unworn, unwashed, in their original condition and packaging. For returns valued over 75 euros, it is recommended to use a tracked shipment.
7.4 – Refund
Basmastour refunds the Client the total amount paid, including initial shipping costs (at the cheapest standard rate offered), without undue delay and no later than fourteen (14) days from the date it is informed of the withdrawal. The refund may be delayed until the products are recovered or until the Client has provided proof of shipment. The refund is made via the payment method used at the time of the order, at no cost to the Client.
The Client's liability may be engaged in the event of depreciation of the products resulting from handling other than that necessary to establish their nature and characteristics.
7.5 – Exceptions
In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for products made according to the Client's specifications or clearly personalized, nor for unsealed products that cannot be returned for hygiene or health protection reasons.
ARTICLE 8 – EXCHANGES
In addition to the right of withdrawal, Basmastour offers the Client the option to request an exchange of size or color within fourteen (14) days following receipt, subject to availability, by writing to basmastour@gmail.com. The return conditions of article 7.3 apply. Return shipping costs as well as the shipping costs for the new product are the responsibility of the Client.
ARTICLE 9 – LEGAL WARRANTIES
Regardless of the right of withdrawal and any commercial warranty, the Client benefits from the following legal warranties.
The consumer has a period of two years from the delivery of the item to obtain the implementation of the legal conformity warranty in case of a conformity defect (articles L217-3 and following of the Consumer Code). During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance. The consumer can choose between repair and replacement of the item; if compliance is impossible or cannot occur within a reasonable time, they can obtain a price reduction or the resolution of the contract. The legal conformity warranty applies without any payment being required from the consumer.
The consumer also benefits from the legal warranty for hidden defects (articles 1641 to 1649 of the Civil Code) for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if the item is kept or a full refund upon return of the item.
To implement any of these guarantees, the Client contacts Basmastour at basmastour@gmail.com, describing the observed defect, with supporting photographs. In the case of a proven defect, return shipping costs are covered by Basmastour.
ARTICLE 10 – LIABILITY
Basmastour cannot be held responsible for the non-performance or improper performance of the contract attributable to the Client, the unforeseeable and insurmountable act of a third party unrelated to the contract, or a case of force majeure. Its liability cannot be engaged for damages resulting from improper use of the products by the Client.
The site may contain links to third-party sites over which Basmastour has no control; it disclaims any responsibility for their content.
ARTICLE 11 – INTELLECTUAL PROPERTY
All elements of the site basmastour.com (texts, photographs, visuals, logos, graphics) are the exclusive property of Basmastour LLC or are subject to a usage authorization. Any reproduction, representation, or exploitation, in whole or in part, without prior written permission is prohibited.
ARTICLE 12 – PERSONAL DATA
The personal data collected in the context of orders are processed in accordance with the Privacy Policy accessible on the site. In accordance with the GDPR, the client has, in particular, the right to access, rectify, delete, and port their data, which they can exercise by writing to basmastour@gmail.com.
ARTICLE 13 – MEDIATION AND DISPUTE RESOLUTION
In case of a complaint, the client is invited to first contact Basmastour's customer service at basmastour@gmail.com to seek an amicable solution.
In accordance with articles L612-1 and following of the Consumer Code, the consumer client may, in case of failure of their prior complaint to customer service, resort free of charge to the following consumer mediator: [NAME OF THE MEDIATOR — postal address — website]. The mediator can be contacted within one year from the written complaint sent to Basmastour.
ARTICLE 14 – APPLICABLE LAW
These General Terms and Conditions are governed by French law for consumer clients residing in France. For consumers residing in another European Union country, the mandatory consumer protection provisions of their country of residence remain applicable. In the absence of an amicable resolution or mediation, the dispute shall be brought before the competent courts under common law conditions.
ARTICLE 15 – SEVERABILITY
If any of the provisions of these General Terms and Conditions are deemed null or unenforceable, the other provisions shall remain fully valid.
STANDARD WITHDRAWAL FORM
(To be completed and returned only if you wish to withdraw from the contract, unless using the online withdrawal feature.)
To the attention of Basmastour LLC — basmastour@gmail.com :
I hereby notify you of my withdrawal from the contract concerning the sale of the products listed below :
Ordered on : … / Received on : …
Order number : …
Consumer's name and surname : …
Consumer's address : …
Email address for acknowledgment of receipt : …
Signature (only in case of notification on paper) : …
Date : …