Terms & Conditions

General conditions

Introduction

WTIB, SARL, is the exclusive licensee of Bihotz Paris brand name and www.bihotzparis.com. According this document it’s regulated the online purchases, operations, technology and customer service of www.bihotzparis.com.

1- Identifying data

WTIB, SARL, (Bihotz Paris in advance) is inscribed in the register of French merchant offices with SIREN number 853 308 211  R.C.S. NANTERRE.

2- Description of service

Bihotz Paris manages the online sales operations of www.bihotzparis.com store, specializing in the sale of items with Bihotz Paris designs.

3- Use of www.bihotzparis.com site and services

3.1 License to use the web and services of www.bihotzparis.com

Bihotz Paris offers a limited, revocable license to use their services in accordance with the General Conditions of Use. This license does not include the right to collect or use information from the site for purposes prohibited by www.bihotzparis.com, competing with www.bihotzparis.com, creating graphics based on the contents of www.bihotzparis.com, or saving a copy of the site.

3.2 Services offered by third parties

www.bihotzparis.com uses the services of other companies, such as delivery companies, to carry out certain services. www.bihotzparis.com does not have any control over these third parties or their services, nor does www.bihotzparis.com have any responsibility for incidences which may arise through the contracting of these third parties.

4- Dicount codes

OPARI

Enter OPARI code and get -10% OFF in your next order until November 30th. This promotion is available for a limited time only, starting on Sunday 8th November 2020 and expires on Monday 30th November 2020, and excludes any orders made before Sunday 8th November 2020 and any orders after Monday 30th November 2020. -10% off will be applied directly in your basket on orders over 30€. Promotion products are subject to availability, while stocks last and are only available on selected lines. Only one voucher code can be used per order. This promotion CANNOT be used with any other voucher codes. Bihotz Paris reserves the right to update or withdraw the offer at any time. 

SISTERS

This promotion is available for a limited time only, starting on Sunday 6th September 2020 and expires on Sunday 13th September 2020, and excludes any orders made before Sunday 6th September 2020 and any orders after Sunday 13th September 2020. -10% off will be applied directly in your basket  on orders over 30€. Promotion products are subject to availability, while stocks last and are only available on selected lines. Only one voucher code can be used per order. This promotion CANNOT be used with any other voucher codes. Bihotz Paris reserves the right to update or withdraw the offer at any time.

BETIBIHOTZ

This promotion is available for a limited time only, starting on Monday 21st September 2020 and expires on Friday 25th September 2020, and excludes any orders made before Monday 21st September 2020 and any orders after Friday 25th September 2020. -10% off will be applied directly in your basket on orders over 30€. Promotion products are subject to availability, while stocks last and are only available on selected lines. Only one voucher code can be used per order. This promotion CANNOT be used with any other voucher codes. Bihotz Paris reserves the right to update or withdraw the offer at any time.

UDABERRI

This promotion is available for a limited time only, starting on Friday 12th March 2021 and expires on Friday 19th March 2021, and excludes any orders made before Friday 12th March 2021 and any orders after Friday 19th March 2021. -10% off will be applied directly in your basket on orders over 30€. Promotion products are subject to availability, while stocks last and are only available on selected lines. Only one voucher code can be used per order. This promotion CANNOT be used with any other voucher codes. Bihotz Paris reserves the right to update or withdraw the offer at any time.

5- General rules

5.1 Prohibited use:

You may not attempt to cause any damage to the site or services of www.bihotzparis.com. For instance, and this list is neither complete nor exhaustive, you may not:

Obstruct the services of www.bihotzparis.com using a virus or other programs designed to cause damage to any hardware or software.

Modify or create versions of any technology used on www.bihotzparis.com.

Use any type of script, robot, or technology to monitor the site.

Collect emails or other information through emails through the services of www.bihotzparis.com.

Impersonate another person or entity.

5.2 Privacy and protection of personal data:

At www.bihotzparis.com we are especially concerned with security and guarantee the confidentiality of the data provided by our customers. We promise to give you the best service and the best online experience.

When a customer completes an order through our secure online server, personal data, addresses, and information related to your purchase and method of payment are incorporated into our database to process the order. In no case will personal information be transferred or sold outside of www.bihotzparis.com.

You may check our Privacy and Protection of Personal Data.

Data Protection Act:

In compliance with the provisions of the Organic Law 679/2016 of 27 April, regarding Protection of Personal Data, we inform you that: WTIB SARL with French SIREN number 853 308 211  R.C.S. NANTERRE.

A. As a unique owner, the manager of this file is WTIB SARL, SIREN number 853 308 211 with registered office in Paris, France.

B. WTIB SARL, guarantees the confidentiality of all data provided by customers. In addition to the minimum required by law, the collection and usage of such data is carried out under strict security standards to prevent the loss or manipulation of said data.

C. In accordance with current legislation, all customers of www.bihotzparis.com have the right to access, repudiate, cancel, or oppose their information. Furthermore, at any moment the client may express their desire NOT to receive any type of publicity. To exercise these rights, customers can email contact@bihotzparis.com.

D. In order to best carry out its services, WTIB SARL, is required to provide certain customer data (name, address, telephone, etc.) to other companies that collaborate in the provision of services (carriers, etc.). In all cases, the data we provide is strictly necessary for the specific task they are to carry out.

 

5.3 Conditions of purchase:

At www.bihotzparis.com we are especially concerned with security and guarantee the confidentiality of the data provided by our customers. We promise to give you the best service and the best online experience.

1. System of sale:

To complete a purchase, the user must send an order online using the checkout process designed for that purpose. Please check out the step by step information on how to order.

2. Applicable taxes:

The prices of the products at www.bihotzparis.com include Value Added Tax (VAT) unless otherwise specified. Taxes are broken down in the cart, estimate and order summary

3. Method of payment:

When ordering, the customer must pay by means of paypal or Credit card. Only this way will the order be finalized and pass to schedule the delivery. In certain cases and to prevent possible fraud, www.bihotzparis.com reserves the right to request customers use a specific payment method.

4. Shipping method, costs, and time:

www.bihotzparis.com sends its orders through different transport companies. The shipping price is automatically calculated at the time you request an estimate or complete your order and it´s calculated based on the order's weight and destination. Consult our shipping info page for more detailed information on shipping time by country of shipment. Delivery times vary depending on quantity ordered and countries were the shipment must be made. Please consult the delivery Timelines page for the expected delivery times. It is possible that for one reason or another, an order may suffer certain delays in delivery, due to stock shortages, prior customer confirmation, etc. In any case www.bihotzparis.com shall deliver the products at the shipping address indicated by the customer in the shortest possible time according to the usual delivery timelines and shipment time and in any case, always within thirty (30) calendar days from the date on which the order was made. Delivery times may be altered by extraordinary incidents during transport or by difficulties encountered while delivering merchandise. www.bihotzparis.com can not accept any responsibility for delays caused by the transport agency, but is committed to replace within a reasonable period any merchandise which has been damaged or lost by said agency.

5. Return policy:

At www.bihotzparis.com we want to provide you easy returns. You will find our return policy in section "Returns" in our Product pages.

In case you need assistance to proceed to make a return, you can write to contact@bihotzparis.com with all questions you want to be solved.

6- Rights of www.bihotzparis.com:

6.1 Monitoring. www.bihotzparis.com reserves the right (without assuming the responsibility) to monitor the transactions and communications on this site. If Bihotz Paris determines, at their own discretion, that a user has broken or may break a condition in the General Conditions of Use or said transaction or communication is inappropriate it may cancel or restrict the access of said user, without further responsibility for the implicated parties.

6.2 Modifications of service: Bihotz Paris reserves the right to modify the distribution, organization, and appearance of the site and the services offered, and can change or suspend its services and/or prices without advance notice and without further obligation.

 6.3 Cancellation of contract: Bihotz Paris, at its discretion and with or without notice, may:        

a) Suspend or limit the use of www.bihotzparis.com for a specific user, or close down an account.
b) Remove any content from the servers and directories of www.bihotzparis.com.
c) Prohibit the use of www.bihotzparis.com services.

 6.4 Communication sent by users. www.bihotzparis.com reserves the right to use material and communications sent by users in: questions, comments, forums, ideas, and contests; for marketing and other promotional acts, without considering these communications confidential.

7- Link Policies:

www.bihotzparis.com is not responsible for those websites or files that can be accessed through hypertext (links) available on these pages, given that said linked pages are the responsibility of their respective owners. This site, therefore, neither approves nor endorses products, services, content, information, data, files, or any other type of material on those pages and does not control nor is responsible for the quality, legality, reliability, nor usability of the information, contents, or services found on linked sites which are outside www.bihotzparis.com. In the event that it is deemed appropriate or that a competent body declares illegal the data on a linked site, ordering its withdrawal or denying access, or it having been declared injurious, and we have been notified expressly of the relevant decision, the relevant links will be immediately removed.

8- Limitation of responsibilities:

www.bihotzparis.com does not accept responsibility for any injury or damage of any nature that may be caused by lack of availability or the continued operation of www.bihotzparis.com.

9- Applicable law and jurisdiction:

These General Conditions are governed by French law. If the purchase of products is made by an Individual, for the resolution of any disputes, the parties agree to submit, at their choice, and waiving any other jurisdiction that may be entitled, to the courts and tribunals with jurisdiction over the Customer.

If the purchase of products is made by a Company, for the resolution of any disputes, the parties agree to submit, at their choice, and waiving any other jurisdiction that may be entitled, to the courts and tribunals with jurisdiction over the Bihotz Paris.

 10 - SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Bihotz Paris (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at contact@bihotzparis.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Neuilly-sur-Seine, before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Bihotz Paris’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.