Terms & Conditions

Last update date: 01/09/2022

Article 1 - LEGAL NOTICE

This site, accessible at the URL www.bwya.fr (the "Site"), is published by:

Be Who You Are, a company with capital of 10,000 euros, registered with the Nanterre Trade and Companies Register under number 907 988 497. of Nanterre under number 907 988 497, whose registered office is located at 28 rue Auguste Mounié, represented by Aleksy ROXLAU duly authorized,

(hereinafter referred to as the "Operator").

The Operator's individual VAT number is: FR57907988497.

The Site is hosted by the company Ionos, located at 7 Pl. de la Gare, 57200 Sarreguemines, (telephone: 09 70 80 89 11).

Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general conditions of sale (the "General Conditions of Sale", or the "GCS") apply exclusively to the online sale of products offered by the Operator on the Website.
The GSC are made available to customers on the Site, where they can be consulted directly, and can also be communicated to them on request by any means.
The GSC are enforceable against the customer, who acknowledges, by ticking a box or clicking on the button provided for this purpose, that he/she is aware of them and accepts them before placing an order. Validation of the order by its confirmation implies acceptance by the purchaser of the GCS in force on the day of the order, which are kept and reproduced by the Operator.

Article 3 - DESCRIPTION OF PRODUCTS
The Site is an online sales site for binders, boxers, tucking, tape and various accessories (hereinafter the "Product(s)") open to any individual or legal entity using the Site (the "Customer").

The Products presented on the Site are each the subject of a description (drawn up by the supplier or accessible on the manufacturer's site via a link on the Site) mentioning their essential characteristics. Any photographs illustrating the products do not constitute a contractual document. The Product's instructions for use, if essential, appear on the Site or are sent at the latest upon delivery. The Products comply with the requirements of current French law.

The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. Such access may involve the payment of fees to technical service providers such as Internet access providers, which remain at the Customer's expense. In addition, the Customer must provide and be fully responsible for the equipment required to connect to the Site.

The Customer acknowledges that he has checked that the computer configuration he uses is secure and in working order.

Article 4 - CREATION OF THE CUSTOMER AREA
To place an order on the Site, the Customer must first create his personal customer area. Once created, to access this area, the Customer must identify him/herself by using his/her secret, personal and confidential login and password. It is the Customer's responsibility not to communicate his/her login and password in accordance with the provisions of the Personal Data article of these General Terms and Conditions. Each Customer undertakes to maintain strict confidentiality with regard to data, in particular login and password, enabling him/her to access his/her customer area. The Customer acknowledges that he/she alone is responsible for accessing the Service using his/her login and password, unless fraud has been proven. Customers also undertake to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of their login and/or password.

Once their personal customer area has been created, customers will receive an e-mail confirming the creation of their customer area.
When registering, customers undertake to :

• to provide true, accurate and up-to-date information at the time of entry into the service's registration form, and in particular not to use false names or addresses, or unauthorized names or addresses.
• keep registration data up to date to ensure that it is real, accurate and up-to-date at all times.

The Customer further undertakes not to make available or distribute any illicit or reprehensible information (such as defamatory information or information constituting identity theft) or harmful information (such as viruses). Should this not be the case, the Operator may suspend or terminate the Customer's access to the Site at its sole discretion.

Article 5 - ORDERS AND MODIFICATIONS

5.1 - ORDERS
The Operator endeavours to guarantee optimum availability of its Products. Product offers are valid while stocks last.

If, despite the best efforts of the Operator, a Product proves to be unavailable after the Customer has placed an order, the Operator will inform the Customer by e-mail as soon as possible, and the Customer will have the choice between :

• delivery of a Product of equivalent quality and price to that initially ordered, or
• reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the sums already paid.

It is agreed that, apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator is not liable for any cancellation indemnity.
With the exception of any mention to the contrary appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, Customer orders are firm and final.
When placing an order, the Customer must select the Products chosen, add them to his basket by indicating the Products selected and the quantities desired. The Customer may check the details of his order and its total price, and return to the previous pages to correct the contents of his basket if necessary, before validating it.

The customer undertakes to read the General Terms and Conditions of Sale in force at the time before accepting them, and to confirm the terms and conditions and any delivery and withdrawal charges prior to payment of the order. Confirmation of the order implies acceptance of the GCS and forms the contract.
Contractual information relating to the order (including the order number) will be confirmed by e-mail in due course, and at the latest at the time of delivery. The Operator strongly advises the customer to print and/or archive this order confirmation on a reliable and durable medium as proof. A digital invoice is available to the customer in the "my account" area. The Operator also advises the Customer to print and/or archive this invoice on a reliable and durable medium as proof.
Any e-mail sent to the Customer in connection with an order will be sent to the e-mail address used by the Customer to identify him/herself in his/her customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, in particular in the event that :

• The Customer would not respect the General Conditions in force at the time of his order;
• The customer's order history shows that sums are still owed for previous orders;
• One of the Customer's previous orders is the subject of a dispute currently being processed;
• The Customer has not responded to a request for confirmation of his order sent to him by the Operator.

The Operator archives contracts for the sale of Products in accordance with applicable legislation. By sending a request to the following address contact@bwya.fr, the Operator will provide the Customer with a copy of the contract which is the subject of the request
.

5.2 - ORDER MODIFICATION
Any order modification by the Customer after confirmation of his order is subject to the Operator's agreement. The customer will notify the operator by email at contact@bwya.fr or by telephone on 06 22 14 29 36 of his wish to make a change. The operator will do its utmost to take the customer's request into account. All costs incurred by these requests for changes will be charged to the customer.
Without a written return confirming that the operator has taken the information into account, this will be deemed to be a negative response.

The information communicated by the customer when placing the order (notably name and delivery address) is binding on the customer. Therefore, the Operator cannot be held liable in the event that an error made when placing the order prevents or delays delivery.

The Customer declares that he/she has full legal capacity to enter into commitments under these General Terms and Conditions.

Registration is open to adults of legal age and to minors, provided that the latter are under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorized on behalf of a third party unless the third party is validly authorized to represent it (e.g. a legal entity). Registration is strictly personal to each Customer.

Should the Customer fail to comply with any of the provisions herein, the Operator reserves the right to terminate the Customer's account without notice.

 
Article 6 - PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order subject to payment, requiring the payment of a price in exchange for the supply of the Product ordered.
In any event, the Operator reserves the right to check the validity of the payment, before dispatching the order, by any means necessary.
The Operator uses the Stripe and Paypal online payment solutions.
Orders may be paid for using one of the following payment methods:

• Payment by credit card. Payment is made directly to the secure bank servers of the Operator's bank, and the customer's bank details do not pass through the Site. Bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. These details are therefore not accessible to third parties.

The Customer's order is recorded and validated as soon as payment has been accepted by the bank.
The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Failure to debit the sums due will result in the immediate nullity of the sale.
The bank card may be refused in particular if it has expired, if it has reached the maximum spending amount to which the Customer is entitled, or if the details entered are incorrect.

• Payment by electronic wallet (Paypal type). The customer already has an account on the electronic wallet used by the Operator. The customer can use this account to pay for his order in complete security without disclosing his bank details.

In this case, the order validated by the Customer will only be considered effective once the secure bank payment center has given its agreement to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for any documents required to finalize the order. These documents will not be used for any other purpose.

 
Article 7 - PAYMENT OF THE PRICE
The price of the Products in force at the time of the order is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.
The price is payable in euros (€) only. The price is payable in full once the order has been confirmed. The prices quoted include any discounts and rebates that the Operator may grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the Customer confirms the order. The total amount due by the Customer and the details are indicated on the order confirmation page.
The Operator cannot be held responsible for the payment of additional taxes or customs duties by the Customer.

 
Article 8 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends confirmation of his/her order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places an order, he/she must confirm it using the "double-click" technique, i.e. after selecting the Products added to the basket, the Customer must check and, if necessary, correct the contents of his/her basket (identification, quantity of Products selected, price, delivery terms and charges) before validating it by clicking on "I confirm my delivery", then he/she acknowledges acceptance of these GTC before clicking on the "I pay" button, and finally he/she validates his/her order after filling in his/her bank details. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the customer.

The Operator will archive all communications, order forms and invoices on a reliable and durable medium so as to constitute a faithful and durable copy. These communications, order forms and invoices may be produced as proof of the contract. In the absence of proof to the contrary, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.

The order may be cancelled by the Customer by registered letter with acknowledgement of receipt, or in writing on another durable medium, in the event of :
 

• delivery of a Product that does not conform to the declared characteristics of the Product;
• delivery beyond the deadline specified in the purchase order or, failing such deadline, within thirty (30) days of the conclusion of the contract, after the Operator has been requested, in the same manner and without result, to make delivery within a reasonable additional period;
• price increases that are not justified by a technical modification of the product imposed by the public authorities.

 
In all these cases, the Customer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be cancelled by the Operator in the event of :
 

• refusal of the buyer to take delivery ;
• non-payment of the price (or the balance of the price) at the time of delivery.

 
Article 9 - RESERVATION OF TITLE
The Operator remains the exclusive owner of the Products ordered on the Site until full payment has been received, including any shipping costs.

 
Article 10 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery refers to the transfer to the Customer of physical possession or control of the Product.
The Operator offers different methods of delivery or delivery depending on the nature of the product:
 

• COLISSIMO ECO: 

The most economical shipping method. Shipment via La Poste.
Only your tracking number will be used. The delivery time of 48 hours is given as an indication and may be extended.
If your parcel is marked as "delivered to letterbox" we will consider it as "delivered". No recourse will be possible and we cannot be held responsible if the parcel is not received.
You can make a complaint to La Poste by telephone on 3631 or online. Our customer service department will do its utmost to assist you in dealing with the carrier.
If you receive a damaged or altered parcel, you must inform us within 48 hours of receipt and send us photos of the damage by e-mail to contact@bwya.fr.
After this time, we consider that you have received the parcel in good condition and we regret to inform you that we will be unable to assist you.

Tracking: Your tracking number will be sent to you automatically once your order has been dispatched. If you have not received it, please send us an e-mail to contact@bwya.fr or a message to 06 22 14 29 36 indicating your NAME and ORDER NUMBER.
 

• COLISSIMO EVO: 

France: your parcel will be sent via La Poste and will be insured to cover your purchase. The 48-hour delivery time is given as an indication only and may be extended.
In the event of a problem with receipt, we will take care of the formalities involved in filing a claim. In the event of loss confirmed by the carrier (the post office), we will reship your package.
If you receive a damaged or altered package, you must inform us within 48 hours of receipt and send us photos of the damage.
After this time, we consider that you have received the package in good condition and we regret to inform you that we will not be able to assist you.

Tracking: Your tracking number will be sent to you automatically once your order has been shipped. If you have not received it, please send us an e-mail to contact@bwya.fr or a message to 06 22 14 29 36, indicating your NAME and ORDER NUMBER.

International: your parcel will be sent via La Poste without insurance. Only your tracking number will be used. If your parcel is marked as "delivered to letterbox" we will consider it as "delivered". No recourse will be possible unless your package has been proven lost.
 

• RELAY SENDING 

Shipment via Mondial Relay point of collection. This shipping method is the most economical for shipments weighing 100g or more and bulky items. Your parcel is tracked and received at the pick-up point. Free for orders over €75.
If you receive a damaged or altered parcel, you must inform us within 48 hours of receipt. After this time, we consider that you have received the parcel in good condition, and we regret to inform you that we will not be able to assist you.

Tracking: Your tracking number will be sent to you automatically once your order has been dispatched. If you have not received it, please send us an e-mail to contact@bwya.fr or a message to 06 22 14 29 36 indicating your NAME and ORDER NUMBER.
 

• EXPRESS DOMICILE

Express delivery within 24 hours to your home via chronopost or DHL depending on destination. The carrier will be specified when you choose your delivery method. Insurance included. If your order is placed on Friday after 9am, it will leave on the following Monday. No shipping or delivery on Saturday or Sunday.
This time may be extended by 24 to 48 hours for international shipments (please refer to the table)
* Please note that some items require a longer preparation time (e.g. made-to-measure binder , tucking panties, etc.) Orders containing such items will be given priority.

Tracking: Your tracking number will be sent to you automatically once your order has been shipped. If you have not received it, please send us an e-mail to contact@bwya.fr or a message to 06 22 14 29 36 indicating your NAME and ORDER NUMBER.
 

• EXPRESS RELAIS

Express shipment within 24h to collection points via chrono-relais. Insurance included. If your order is placed on Friday after 9am, it will leave on the following Monday. No shipping or delivery on Saturday or Sunday.
This time may be extended by 24 to 48 hours for international shipments (please refer to the table)
* Please note that some items require a longer preparation time (e.g. made-to-measure binder , tucking panties, etc.) Orders containing such items will be given priority.

Tracking: Your tracking number will be sent to you automatically once your order has been shipped. If you have not received it, please send us an e-mail to contact@bwya.fr or a message to 06 22 14 29 36 indicating your NAME and ORDER NUMBER.

Shipping costs are those specified when the order is finalized and are accepted when the order is validated.
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each Product, to deliver the Products within a maximum of thirty (30) days after receipt of the order.
Delivery times are announced in working days on the Site when the order is placed. These times do not include the preparation of the order.
The Operator undertakes to dispatch the Products in accordance with the times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the times initially announced, the Operator will send an e-mail indicating the new delivery date to the Customer.
The Products will be delivered to the address indicated by the Customer when placing the order. It is therefore the Customer's responsibility to check that this address does not contain any errors. The Operator cannot be held responsible if the address communicated by the Customer is incorrect, thus preventing or delaying delivery.
Upon delivery, the Customer may be asked to sign a delivery note.
Upon delivery, it is the Customer's responsibility to check that the Products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if the claim has not been noted on the delivery slip. In the case of a delivery without a signature, the customer must contact the operator by e-mail at contact@bwya.fr within 48 hours of delivery of the parcel (with tracking information as proof), describing the situation and giving reasons for the request, including photos.

LOST OR NON-RECEIVED PARCELS
Your tracking number is the reference for the delivery of your parcel. In the event of non-receipt of a parcel, please refer to the delivery method in question (see above).
If the parcel is declared lost by the post office, either according to the tracking number or following a complaint, we will reship your order.

Article 11 - RIGHT OF WITHDRAWAL AND REFUND
If the Customer is not entirely satisfied with a Product delivered, he may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.

The Customer is invited to contact the Operator by e-mail at contact@bwya.fr to inform him of his request.
He will take care to specify:

• NAME, FIRST NAME,
• PHONE NUMBER,
• MAIL,
• ORDER NUMBER
• OBJECT OF THE REQUEST, SPECIFYING THE ITEMS CONCERNED

The Operator will send an acknowledgement of receipt of the Customer's withdrawal request by e-mail.
The Customer is responsible for return shipping costs. Unless otherwise agreed with the operator.

ITEMS NOT ELIGIBLE FOR EXCHANGE OR REFUND
The exceptions set out in article L.221-28 of the French Consumer Code apply and prevent you from exercising your right of withdrawal, particularly if the order consists of a contract :

• supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protectionEX: sex toys, prostheses, standing pee, nipple covers etc... it is mentioned on each item page whether or not it is eligible for an exchange/return.
• Items that have been custom-made at the customer's request are not eligible for a full refund. The customer will not be reimbursed for the option(s) chosen, as this is a personalized modification.

ARTICLES ELIGIBLE FOR EXCHANGE OR REFUND
The returned Product must be in its original packaging, in perfect condition, fit for resale, unused and with all accessories.
In addition to the returned Product, the return parcel must also contain a letter specifying the customer's exact and complete contact details (surname, first name, address), as well as the order number and the original purchase invoice. The return form can be downloaded from the "RETURNS" section of the website.
If printing is not possible, the customer may print the information on plain paper.

CREDIT
By default, the operator will offer the customer a refund in the form of a credit note. This is to facilitate the customer's exchange procedure. On receipt of the item(s) returned by the customer, the operator will check that they are in good condition. Tested items must be returned in their original packaging, clean, unwashed, with no stains, marks or odors.
If the item(s) are in order, the operator will issue a discount code (credit note) for the amount of the returned item(s). This will enable the customer to place a new order.

REFUNDS
At the customer's request, the Operator will refund the customer the amount of the Product, excluding shipping costs and any additional taxes. Upon receipt of the item(s) returned by the customer, the operator will ensure that they are in good condition. Tested items must be returned in their original packaging, clean, unwashed, without stains, marks or odors.
If the item(s) are in good condition, the operator will refund the Customer within fourteen (14) days of receipt of the Product and all the information required to process the refund. This refund may be made by the same means of payment as that used for the Customer. In this respect, customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the discretion of the Operator.

By accepting these General Terms and Conditions of Sale, the customer expressly acknowledges that he/she has been informed of the cancellation procedure.
Article 12 - CUSTOMER SERVICE
The customer may contact the Operator :
 

• on 06 22 14 29 36 during the following opening days and hours
  • TUESDAY-FRIDAY. 9:30AM - 12:30PM 2PM - 5:30PM
  • SATURDAY: 9:30 A.M. - 12:30 P.M.
• by e-mail to contact@bwya.fr, indicating your name, telephone number, the subject of your request and the order number concerned.

 
Article 13 – PROPRIÉTÉ INTELLECTUELLE ET LICENCE D’UTILISATION DU SITE
 
L’Exploitant est seul titulaire de tous les éléments présent sur le Site, notamment et sans limitation, tous textes, fichiers, images animées ou non, photographies, vidéos, logos, dessins, modèles, logiciels, marques, identité visuelle, base de données, structure du Site et tous autres éléments de propriété intellectuelle et autres données ou informations (ci-après, les « Éléments ») qui sont protégés par les lois et règlements français et internationaux relatifs notamment à la propriété intellectuelle.
 
En conséquence, aucun des Éléments du Site ne pourra en tout ou partie être modifié, reproduit, copié, dupliqué, vendu, revendu, transmis, publié, communiqué, distribué, diffusé, représenté, stocké, utilisé, loué ou exploité de toute autre manière, à titre gratuit ou onéreux, par un Client ou par un tiers, quel que soient les moyens et/ou les supports utilisés, qu’ils soient connus ou inconnus à ce jour, sans l’autorisation préalable exprès et écrite de l’Exploitant au cas par cas, et le Client est seul responsable de toute utilisation et/ou exploitation non autorisée.
 
Par ailleurs, il est précisé que l’Exploitant n’est pas propriétaire du contenu mis en ligne par les Clients, pour lequel ces derniers demeurent intégralement responsables et garantissent la Société contre tout recours à ce titre. Les Clients accordent à l’Exploitant une licence non-exclusive transférable, sous-licenciable, à titre gratuit et mondiale pour l’utilisation des contenus de propriété intellectuelle qu’ils publient sur le Site, pour toute la durée de protection de ces contenus.
 
L’Exploitant se réserve la possibilité de saisir toutes voies de droit à l’encontre des personnes qui n’auraient pas respecté les interdictions contenues dans le présent article.
 
ARTICLE 14 – RESPONSABILITÉ ET GARANTIE 
 RESPONSABILITÉ
L’Exploitant ne saurait être tenu pour responsable de l’inexécution du contrat du fait du Client ou en raison d’un événement qualifié de force majeure par les tribunaux compétents ou encore du fait imprévisible et insurmontable de tout tiers aux présentes.
 
L’Exploitant ne peut être tenu pour responsable des informations importées, stockées et/ou publiées sur le Site par les Clients. L’Exploitant ne peut être tenu pour responsable au titre de toute information publiée par un Client sur le Site et des dommages directs ou indirects que cette utilisation pourrait causer à un tiers, le Client à l’origine de la publication restant seul responsable à ce titre.
 
Le Client reconnaît que les caractéristiques et les contraintes d’Internet ne permettent pas de garantir la sécurité, la disponibilité et l’intégrité des transmissions de données sur Internet. Ainsi, l’Exploitant ne garantit pas que le Site et ses services fonctionneront sans interruption ni erreur de fonctionnement. En particulier, leur exploitation pourra être momentanément interrompue pour cause de maintenance, de mises à jour ou d’améliorations techniques, ou pour en faire évoluer le contenu et/ou leur présentation.
 
L’Exploitant ne peut être tenu pour responsable de l’utilisation qui serait faite du Site et de ses services par les Clients en violation des présentes Conditions Générales et des dommages directs ou indirects que cette utilisation pourrait causer à un Client ou à un tiers. En particulier, l’Exploitant ne peut être tenu pour responsable des fausses déclarations faites par un Client et de son comportement vis-à-vis des tiers. Dans le cas où la responsabilité de l’Exploitant serait recherchée à raison d’un tel comportement d’un de ses Clients, ce dernier s’engage à garantir l’Exploitant contre toute condamnation prononcée à son encontre ainsi qu’à rembourser l’Exploitant de l’ensemble des frais, notamment les honoraires d’avocats, engagés pour sa défense.
 
Le Client est seul responsable de l’intégralité des contenus qu’il met en ligne sur le Site, dont il déclare expressément disposer de l’intégralité des droits, et garantit à ce titre l’Exploitant qu’il ne met pas en ligne de contenus violant des droits tiers, notamment de propriété intellectuelle, ou constituant une atteinte aux personnes (notamment diffamation, insultes, injures, etc.), au respect de la vie privée, une atteinte à l’ordre public et aux bonnes mœurs (notamment, apologie des crimes contre l’humanité, incitation à la haine raciale, pornographie enfantine, etc.). En cas d’atteinte aux lois en vigueur, aux bonnes mœurs ou aux présentes Conditions Générales, l’Exploitant peut exclure de plein droit les Clients qui se seront rendus coupables de telles infractions et supprimer des informations et renvois à ces contenus litigieux. L’Exploitant est qualifié d’hébergeur s’agissant du contenu mis en ligne par des tiers. A ce titre, il est rappelé que L’Exploitant n’a aucune obligation générale de surveillance du contenu transmis ou stocké via le Site. Dans le cas où la responsabilité de l’Exploitant serait recherchée à raison d’un contenu mis en ligne par le Client, ce dernier s’engage à garantir l’Exploitant contre toute condamnation prononcée à son encontre ainsi qu’à rembourser l’Exploitant de l’ensemble des frais, notamment les honoraires d’avocats, engagés pour sa défense.

GUARANTEE
The operator undertakes to ensure the conformity of its delivered products and to exchange any goods showing a fault or design defect, as soon as the aforementioned goods are received at its premises. Products may be returned in their original packaging, at the operator's expense. In the absence of any anomaly, the cost of reshipment and return of the product will be borne by the customer.

ARTICLE 15 - PERSONAL DATA
For further information concerning the use of personal data by the Operator, please read carefully the Privacy Charter (the "Charter"). You can consult this Charter on the Site at any time.

Article 16 - HYPERTEXT LINKS
Hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience, in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he/she will leave the Site and agree to use the third-party sites at his/her own risk or, as the case may be, in accordance with the conditions governing them.
The Customer acknowledges that the Operator does not control or contribute in any way to the elaboration of the conditions of use and/or the content applying to or appearing on these third-party sites.
Consequently, the Operator cannot be held responsible in any way whatsoever for these hypertext links.
Furthermore, the Customer acknowledges that the Operator does not endorse, guarantee or take over all or part of the conditions of use and/or content of these third-party sites.
The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.
The Operator invites the Customer to inform it of any hypertext link present on the Site which would allow access to a third-party site proposing content contrary to the law and/or morality.
The Customer may not use and/or insert a hypertext link pointing to the Site without the prior written agreement of the Operator on a case-by-case basis.


ARTICLE 17 - REFERENCES
The Customer authorizes the Operator to mention the Customer's name and logo as a reference in its communication media (brochure, website, sales proposal, press relations, press release, press kit, internal communication, etc.).
 

 ARTICLE 18 - GENERAL PROVISIONS

COMPLETENESS OF THE AGREEMENT BETWEEN THE PARTIES

These General Terms and Conditions constitute a contract governing relations between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. Should one or more stipulations of the present General Terms and Conditions be declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver on its part to invoke such a breach in the future.

MODIFICATIONS TO TERMS AND CONDITIONS

The Operator reserves the right to modify the content of the Site or the services available on it at any time and without prior notice, and/or to cease temporarily or permanently to operate all or part of the Site.
The Operator also reserves the right to modify the location of the Site on the Internet and these General Terms and Conditions at any time and without prior notice. The Customer is therefore required to refer to these General Conditions before using the Site.
The Customer acknowledges that the Operator may not be held liable in any way whatsoever to the Customer or to any third party as a result of such modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print out these General Terms and Conditions for safe and durable storage, and to be able to invoke them at any time during the performance of the contract if necessary.

CLAIM

In the event of a dispute, you should first contact the company's customer service department at the following address: BE WHO YOU ARE, 28 RUE AUGUSTE MOUNIE, ALLEE LOUISE, 92160 ANTONY, or by e-mail at: contact@bwya.fr.

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions.
By registering on the Site, the Customer confirms having read and accepted the General Terms and Conditions, thereby becoming contractually bound by the terms of these General Terms and Conditions.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order made previously, unless expressly agreed by the Customer at the origin of a given order.