Terms of service
Terms of Service
OVERVIEW
Welcome to Balqis Modest Essentials! The terms “we”, “us” and “our” refer to Balqis Modest Essentials.
Balqis Modest Essentials operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the “Services”).
Balqis Modest Essentials uses the Shopify platform, which enables us to provide the Services.
These Terms of Service, together with the policies referred to herein, describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully before using our Services.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy.
If you do not agree to these Terms of Service or the Privacy Policy, you must not use or access our Services.
ARTICLE 1 - ACCESS AND ACCOUNT
By using the Services, you declare that you have the legal capacity required to use them and, where applicable, to make a purchase.
If you are a minor, use of the Services and any purchase must be made with the authorisation of your legal representative, within the limits provided by applicable law.
To use the Services, including browsing our online store or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address and billing, payment and shipping information.
You represent and warrant that all information you provide through our store is accurate, current and complete and that you have the necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for any activity associated with your account.
You may not transfer, sell, assign or license your account to another person.
ARTICLE 2 - OUR PRODUCTS
We make every effort to present our products as accurately as possible.
However, colours and appearance may vary slightly depending on the screen used, its settings, lighting conditions or photography conditions.
Such display differences do not affect the consumer’s rights or the applicable legal guarantees, particularly where the product received does not correspond to the characteristics advertised.
Product descriptions may be changed at any time without prior notice, provided that such changes do not affect orders that have already been confirmed.
We reserve the right to discontinue any product at any time and may limit the quantities of products offered to any person, geographical area or jurisdiction on a case-by-case basis.
ARTICLE 3 - ORDERS
When you place an order, you undertake to purchase the selected products at the prices and under the conditions displayed at the time of the order.
The order becomes final once payment has been confirmed and an order confirmation has been sent by Balqis Modest Essentials.
Balqis Modest Essentials may exceptionally refuse or cancel an order for a legitimate reason, including product unavailability, a payment incident or refusal, an obvious error concerning the price or product information, or suspected fraud.
In such cases, the customer will be informed and, where payment has already been made, will be refunded in accordance with applicable law.
Please check your order carefully before confirming it.
Any cancellation request made after the order has been confirmed will be handled where possible, without prejudice to the consumer’s statutory right of withdrawal where applicable.
Your purchases are subject to the return and exchange conditions set out in our Refund Policy.
Products offered through our store are intended for personal use and not for commercial resale.
ARTICLE 4 - PRICES AND BILLING
The prices of products offered through the store are stated in euros.
Balqis Modest Essentials benefits from the French VAT exemption scheme:
VAT not applicable pursuant to Article 293 B of the French General Tax Code.
The applicable price is the price displayed when the order is confirmed.
Any delivery charges are shown separately before the final confirmation and payment of the order.
Prices, promotional offers and discounts may be changed at any time, without affecting orders that have already been confirmed.
For any deliveries to destinations outside the European Union, customs duties, taxes or import charges may be imposed by the authorities of the destination country and may remain the responsibility of the customer.
The customer undertakes to provide accurate and complete billing and payment information and to use a payment method they are authorised to use.
ARTICLE 5 - SHIPPING AND DELIVERY
Orders are prepared and dispatched within the timeframes stated on our store.
Delivery times provided when placing an order take into account the selected delivery method and destination.
In the event of delayed delivery, the customer benefits from the rights provided by applicable consumer protection law.
Balqis Modest Essentials remains responsible for the proper performance of delivery in accordance with applicable law.
The risk of loss or damage to the product passes to the customer when they, or a third party designated by them, take physical possession of the product.
Where the customer independently chooses a carrier that was not offered by Balqis Modest Essentials, the risk passes when the product is handed over to that carrier.
ARTICLE 6 - INTELLECTUAL PROPERTY
All elements appearing on the Balqis Modest Essentials website, including texts, photographs, images, graphics, logos, visual elements, videos, layouts and content created for the store, are protected by applicable French, European and international intellectual property law, subject to rights belonging to third parties.
Any reproduction, representation, modification, adaptation, publication or use, in whole or in part, of these elements without the prior authorisation of Balqis Modest Essentials or the relevant rights holder is prohibited, except where permitted by law.
The name Balqis Modest Essentials, its logo and associated distinctive elements may not be used in a manner likely to create confusion with the store or its products without prior authorisation.
Trademarks, logos and content belonging to Shopify or other third parties remain the property of their respective owners.
ARTICLE 7 - THIRD-PARTY TOOLS AND SERVICES
Certain tools, features or services accessible through our website may be provided by third-party service providers.
Their use may be subject to the terms of use and privacy policies of those providers.
Balqis Modest Essentials does not control the operation of services provided directly by third parties and shall not be responsible for failures that are beyond our control, without prejudice to the rights granted to consumers under applicable law.
We may also introduce new features, tools or services in the future, which will be subject to these Terms of Service and any specific terms that may apply to them.
ARTICLE 8 - THIRD-PARTY LINKS
The Services may contain links to websites or services operated by third parties.
These websites and services have their own terms of use and privacy policies.
Balqis Modest Essentials has no control over the content or operation of such third-party websites and shall not be responsible for their content or for failures outside our control.
Any transaction carried out directly with a third party is subject to the terms applicable to that third party, without prejudice to the rights granted to consumers under applicable law.
ARTICLE 9 - RELATIONSHIP WITH SHOPIFY
Balqis Modest Essentials is powered by Shopify, which enables us to provide the Services to you.
However, any sale or purchase made through our Store is made directly with Balqis Modest Essentials.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Balqis Modest Essentials, including any damage, harm or loss resulting from products or services purchased.
You hereby expressly release Shopify and its affiliates from any claim, damage or liability arising out of or relating to your purchase and transaction with Balqis Modest Essentials.
ARTICLE 10 - PRIVACY POLICY
Personal data collected in connection with your use of our Services is processed in accordance with our Privacy Policy.
As our store is hosted by Shopify, certain personal data required for the operation of the store and the processing of orders may also be processed by Shopify in accordance with its Privacy Policy.
For further information about the data collected, the purposes for which it is processed, its recipients, retention periods and your rights, please consult our Privacy Policy.
ARTICLE 11 - CUSTOMER REVIEWS AND CONTENT
When you publish or send us a review, comment, photograph or any other content intended to be shared through our store, you warrant that you have the necessary rights to provide that content to us.
You authorise us to reproduce and display such content on our website and communication channels for the purpose of presenting and promoting Balqis Modest Essentials.
Published content must not be unlawful, misleading, defamatory, offensive or infringe the rights of third parties.
We may refuse or remove content where it does not comply with these rules or with applicable law.
This provision does not affect the rights held by the author of the content under applicable law.
ARTICLE 12 - ERRORS, INACCURACIES AND OMISSIONS
Despite the care taken in presenting our store, certain information may occasionally contain an error or omission, including product descriptions, prices, promotions, delivery charges, timeframes or product availability.
Balqis Modest Essentials reserves the right to correct such errors or update the relevant information.
Where an obvious error affects an order that has already been placed and prevents it from being fulfilled under the agreed conditions, the customer will be informed as soon as possible.
If the order must be cancelled, any amounts already paid will be refunded in accordance with applicable law.
ARTICLE 13 - PROHIBITED USES
The Services must be used in accordance with applicable law and these Terms of Service.
In particular, you may not use the Services for fraudulent or unlawful purposes, infringe intellectual property rights or the rights of third parties, transmit unlawful, misleading, defamatory or malicious content, impersonate another person, or introduce viruses or other programs that may interfere with the operation of the website.
You must also not attempt to fraudulently access the website, its computer systems or the data contained therein, bypass its security measures or unlawfully collect the personal data of other users.
In the event of fraudulent or unlawful use, or use that seriously compromises the security of the Services or the rights of third parties, Balqis Modest Essentials may take the necessary steps to stop such use, in accordance with applicable law.
ARTICLE 14 - SUSPENSION OR TERMINATION OF ACCESS TO THE SERVICES
Balqis Modest Essentials may suspend or restrict a user’s access to the Services where there is a legitimate reason to do so, including fraudulent or unlawful use, a threat to website security or a serious breach of these Terms of Service.
Such measures do not affect the consumer’s rights relating to orders already validly concluded or any rights and guarantees granted under applicable law.
Provisions which by their nature are intended to remain in force after the termination of use of the Services shall continue to apply.
ARTICLE 15 - WARRANTIES
The Services are provided with the level of care reasonably expected from a professional.
However, we cannot guarantee that access to the website will always be permanent, uninterrupted or free from technical errors, including where maintenance, updates or events beyond our control occur.
Products sold by Balqis Modest Essentials benefit from all mandatory legal guarantees that apply, including the legal guarantee of conformity under the French Consumer Code and the guarantee against hidden defects under the French Civil Code.
Nothing in these Terms of Service is intended to exclude or restrict any right or guarantee that a consumer is mandatorily entitled to under applicable law.
ARTICLE 16 - LIABILITY
Balqis Modest Essentials is responsible for the performance of its obligations in accordance with applicable law.
We shall not, however, be held responsible for damage resulting from use of the website or products that is inconsistent with their intended purpose, fault on the part of the customer or an event constituting force majeure under French law.
Balqis Modest Essentials shall not be responsible for temporary interruptions or malfunctions of the website resulting in particular from maintenance, technical issues beyond our control or services provided by third parties.
These provisions do not limit or exclude any mandatory rights granted to consumers under applicable law.
ARTICLE 17 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity or enforceability of the remaining provisions.
ARTICLE 18 - WAIVER; ENTIRE AGREEMENT
Failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules published by us on this website or relating to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.
They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us, including previous versions of these Terms of Service.
ARTICLE 19 - ASSIGNMENT
The customer may not assign to a third party the rights or obligations arising from these Terms of Service where such assignment is incompatible with the nature of the agreement or applicable law.
Balqis Modest Essentials may transfer all or part of its rights or obligations to a third party, provided that such transfer does not result in any reduction in the rights enjoyed by the consumer.
ARTICLE 20 - GOVERNING LAW AND DISPUTES
These Terms of Service are governed by French law.
Where the customer is a consumer residing in another Member State of the European Union, the choice of French law shall not deprive them of any protection provided by mandatory provisions of the law of their country of residence where those provisions apply.
In the event of a dispute, the parties are encouraged to seek an amicable solution first.
If no amicable agreement can be reached, the dispute may be brought before the competent court in accordance with applicable legal rules.
ARTICLE 21 - HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect the interpretation of these Terms.
ARTICLE 22 - CHANGES TO THESE TERMS OF SERVICE
The current version of these Terms of Service is available on this page at all times.
Balqis Modest Essentials may amend these Terms, including in order to reflect changes in legislation, regulations, technology or the Services offered.
Any changes apply prospectively and do not alter the conditions applicable to orders already concluded.
Where required by law, affected users will be informed of material changes.
ARTICLE 23 - CONTACT DETAILS
For any questions regarding these Terms of Service, please contact us at:
Our contact details are:
BALQIS Modest Essentials
13 Allée Arthur Rimbaud
95110 Sannois, France
SIREN: 999 347 230
VAT: VAT not applicable pursuant to Article 293 B of the French General Tax Code.