General conditions of sale

GENERAL CONDITIONS OF SALE FOR THE SITE PraiaDoBrasil.com

BANK ACCOUNT:
Ipitanga
5bis rue Cardon 78380 Bougival

IBAN / account number FR7616958000015677601465918
Beneficiary bank:
Qonto (Olinda SAS), 18 rue de Navarin, 75009 Paris, France
SWIFT/BIC Code: QNTOFRP1XXX

Version of 04/01/2025

PREAMBLE

IPITANGA SAS is the publisher and operator of the website www.praiadobrasil.com. Its purpose is to market textiles, swimwear, flip-flops, pareos, and beach accessories.
These General Terms and Conditions of Sale govern all contracts concluded from the website accessible at the URL address https://www.praiadobrasil.com/fr/. They are concluded between:
The Company LA SOCIÉTÉ IPITANGA SAS, with share capital of 500 euros, registered with the Versailles Trade and Companies Register under number 941249757, whose registered office is at 5bis rue Cardon 78380 Bougival, France, represented by Mrs. Erica Bispo de Santana in her capacity as president (hereinafter LA SOCIÉTÉ LA SOCIÉTÉ IPITANGA SAS), on the one hand
And
The private, non-professional CLIENT on the other hand
The CLIENT and IPITANGA SAS COMPANY will be collectively referred to as the PARTIES.

Important
 ANY ORDER MADE ON THE WEBSITE WWW.PRAIADOBRASIL.COM MANDATORILY IMPLIES THE UNRESERVED ACCEPTANCE, BY THE CUSTOMER, OF THESE GENERAL TERMS AND CONDITIONS OF SALE.
IT IS UNDER THESE CONDITIONS THAT THE PARTIES HAVE AGREED AND DECIDED AS FOLLOWS:

ARTICLE 1. DEFINITIONS

The terms mentioned below have, in these GENERAL CONDITIONS OF
SALE, the following meaning:
PRODUCTS: means all products available on the website https://www.praiadobrasil.com/fr/ such as, for example, swimsuits.
E-COMMERCE SITE: means the website accessible at the address https://www.praiadobrasil.com/fr/. The E-COMMERCE SITE brings together all the web pages hosted and products offered to CUSTOMERS.
CLIENT: means the co-contractor of LA SOCIÉTÉ IPITANGA SAS who guarantees that he/she has the status of private/consumer client as defined by French law and case law.
GENERAL TERMS AND CONDITIONS OF SALE or GTC: means this contract deemed accepted by the PARTIES.
DELIVERY: Delivery is considered to have been made from the date of the first presentation of the PRODUCTS to the delivery address mentioned when ordering by the CUSTOMER.
TERRITORY: Refers to mainland France, Corsica, the French overseas departments and territories and territorial communities such as French Polynesia, Europe and the world (All countries).

ARTICLE 2. PURPOSE OF THE CONTRACT

The purpose of these General Terms and Conditions is to establish the contractual provisions relating to the respective rights and obligations of the PARTIES in the context of the sale of PRODUCTS made on the E-COMMERCE SITE.

ARTICLE 3. MODIFICATIONS TO THE GTC

IPITANGA SAS may modify these General Terms and Conditions at any time. The CUSTOMER will be informed of the nature of these modifications as soon as they are posted online on the website https://www.praiadobrasil.com/fr/ .
Changes will come into effect 7 days after they are posted on the site.
Only the T&Cs published on the day of the order are applicable. They are brought to the attention of the CUSTOMER when the order is placed by the CUSTOMER, who will have accepted them before any confirmation of the latter.

ARTICLE 4. NATURE OF THE GTC

These General Terms and Conditions do not in any way confer on the CLIENT the status of employee, agent, representative or mandatary of LA SOCIÉTÉ IPITANGA SAS.
The PARTIES further declare that these General Terms and Conditions cannot under any circumstances be considered as a constitutive act of a legal person or any legal entity, and that any form of "affectio societatis" is formally excluded from their relations.

ARTICLE 5. PRODUCTS OFFERED

Presentation of PRODUCTS online
All PRODUCTS are described by IPITANGA SAS COMPANY as accurately as possible based on
information provided by suppliers.
In case of doubt about the characteristics of a PRODUCT, the CUSTOMER can contact IPITANGA SAS on 01.80.87.51.29 (cost of a non-premium rate local call) or by email at info@praiadobrasil.com

Stock limit
The PRODUCTS ordered and promotional offers proposed by LA SOCIÉTÉ IPITANGA SAS are only valid while stocks last.
PRODUCT offers and prices are only valid while they are visible on the site and while stocks last.

ARTICLE 6. PRICE

All orders placed on the website accessible at https://www.praiadobrasil.com/fr/ are payable upon ordering.
The CUSTOMER may pay for their order by the following means:
Bank card via Paypal;
Bank Transfer;
Cashier's check, personal check or postal check;
Postal cash order;
Cash payment

The prices of the PRODUCTS may change at any time depending on the pricing policy of LA SOCIÉTÉ LA SOCIÉTÉ IPITANGA SAS. The PRODUCTS ordered are invoiced at the price in effect when the order is recorded.
DELIVERY costs depend on the destination and the type and/or quantity of PRODUCTS chosen by the CUSTOMER such as: France, DOM/TOM, Europe, Abroad [all countries]

Prices are indicated in euros, all taxes included, excluding any possible participation in processing and shipping costs.
The prices displayed include the VAT applicable on the day the CONTRACT is concluded. Any change in the rate may be reflected in the price of the PRODUCTS.

ARTICLE 7. ORDER

The CUSTOMER may place an order:
on the website https://www.praiadobrasil.com/fr/;

The ordering process is as follows: the customer chooses their item; the customer pays for their order; the products are shipped to the delivery address provided by the CUSTOMER when ordering.
In accordance with Article 1369-5 of the Civil Code relating to the conclusion of a contract in electronic form, the CUSTOMER may view the details of their order and its total price, correct any errors, before confirming it to express their acceptance.
IPITANGA SAS reserves ownership of the PRODUCT(S) until full payment of the order, i.e. receipt of the price of the order by IPITANGA SAS.
IPITANGA SAS will only bear the risks relating to the PRODUCTS until their delivery to the address indicated by the CUSTOMER on the order form.

ARTICLE 8. DELIVERY

The PRODUCTS available on the E-COMMERCE SITE can be delivered to mainland France, Corsica, the French overseas departments and territories, local authorities such as French Polynesia, Europe and the world (All countries) under certain financial conditions referred to above.
The DELIVERY period begins once the ORDER has been paid in full. This period will be specified on the CUSTOMER's order verification page. The CUSTOMER is required to verify the conformity of the delivered goods at the time of delivery.
Any anomaly concerning the PRODUCT (damage, PRODUCT missing from the order form, damaged package, broken or defective PRODUCTS, etc.) must be indicated immediately upon delivery and as soon as possible (7 days), in accordance with the terms and conditions of Article 9 of these General Terms and Conditions.
Any error or modification made by the CUSTOMER in a current delivery order, whatever it may be, will result in an extension of the DELIVERY period provided for in accordance with the terms defined by the E-COMMERCE SITE. Any additional costs resulting therefrom will be borne by the CUSTOMER.

Please note that deliveries to countries outside the European Union may be subject to various fees and taxes, including customs duties and import VAT. These fees are borne exclusively by the buyer.

ARTICLE 9. CONFORMITY & LEGAL GUARANTEE

For defects of conformity, the CUSTOMER must mention upon delivery and as soon as possible, in accordance with article 8 of these General Terms and Conditions, all defects of conformity to LA SOCIÉTÉ LA SOCIÉTÉ IPITANGA SAS, and in particular via the E-COMMERCE SITE at the address indicated below:
https://www.praiadobrasil.com/fr/
with the following information:
order number;
name, first name and address;
reference of the item(s) to be returned;
reason(s) for return due to non-compliance.
This warranty is however limited to normal use of the PRODUCT.

If the lack of conformity is proven, the CUSTOMER may choose between repairing the PRODUCT, replacing it, or canceling the sale, each with compensation. In the event that the customer's choice results in a cost that is clearly disproportionate compared to the other option offered to him, in view of the value of the PRODUCT or the significance of the defect noted, IPITANGA SAS reserves the right to opt for the second solution offered.
Likewise, in the event that replacement or repair is impossible, IPITANGA SAS undertakes to refund the price within 7 days in exchange for the return of the PRODUCT by the customer to the following address: Ipitanga, 5bis rue Cardon, 78380 Bougival, France.
IPITANGA SAS is not liable for any apparent defects that the CUSTOMER may have noticed and been convinced of.
However, pursuant to Articles 1641 et seq. of the Civil Code, all PRODUCTS benefit from a 2-year legal guarantee against hidden defects which render them unfit for the use for which they are intended, or which reduce this use so much that the buyer would not have acquired them, or would only have paid a lower price for them, if he had known about them.
In the event of exercising the right of return, under the conditions of this article, the CUSTOMER must return the PRODUCT to the following address: Ipitanga, 5bis rue Cardon, 78380 Bougival, France, France.

In addition, the CUSTOMER has an after-sales service that can be contacted by email: info@praiadobrasil.com.

ARTICLE 10. RIGHT OF WITHDRAWAL

For your information, exchanges are possible up to 100 days from the order date.

10.1. Right of withdrawal extended to 30 days from the date of order on www.praiadobrasil.com
For items purchased by consumers on www.praiadobrasil.com and benefiting from the statutory right of withdrawal, we grant an extended right of withdrawal of thirty (30) days from the order date. In this case, we do not reimburse shipping costs. The provisions regarding the statutory right of withdrawal apply by analogy. Losses in value of returned items may be deducted if they result from excessive handling or failure to follow the return instructions. Losses in value will be calculated based on the sales price of the items and will not exceed the actual amount of the depreciation noted.

10.2. Statutory right of withdrawal:
 In accordance with Article L.121-20 of the French Consumer Code, our consumer customers have a period of fourteen (14) clear days from receipt of the goods to exercise their right of withdrawal without having to provide reasons or pay penalties, except for return costs if they do not use the return label provided for this purpose. Losses in value may be applied in the event of the return of products in a condition that reduces their market value and will be calculated based on the amount of depreciation noted without including additional administrative costs.

10.3. The withdrawal period is met if you dispatch the goods within the aforementioned period or inform us of the exercise of the right of withdrawal within the same period. Notification of the exercise of the right of withdrawal may in particular be sent to us by post to Ipitanga, 5bis rue Cardon, 78380 Bougival, France. If you wish to exercise your right of withdrawal by e-mail, please send it to the following address: info@praiadobrasil.com .

10.4. For any return of merchandise, we suggest you use the form provided for this purpose, which you will find in a downloadable and printable version at the following address: https://www.praiadobrasil.com/fr/content/10-remboursement

10.5. The goods must be returned to us in their original packaging and in perfect condition allowing them to be marketed as new. For optimized management, we invite you to enclose the return form with the returned goods. You have the right to open the packaging and try on the delivered products as long as this does not render the goods unfit for sale. For hygiene reasons, cosmetic or care products as well as swimwear must be returned to us unused, otherwise a refund cannot be made. Bikini bottoms and all lower parts of swimwear must have their hygienic protection intact. Losses in value of returned products will be calculated based on the amount of the depreciation noted and will not exceed the actual amount of this depreciation.

10.6. If you exercise your right of withdrawal within the aforementioned period, the price of the returned products will be fully refunded to you by bank transfer to the account you have indicated to us for this purpose as soon as possible and at the latest within fourteen (14) days following the date on which the right of withdrawal was exercised. You may, if you wish, opt, on our proposal, for another method of reimbursement (credit or purchase voucher). No loss of value will be invoiced beyond the actual depreciation noted.

ARTICLE 11. PROTECTION OF PERSONAL DATA

As part of operating the E-COMMERCE SITE, IPITANGA SAS may collect personal data. This data will be processed in accordance with the purposes set out at the time of collection.
The policy relating to the protection of personal data is accessible at the address https://www.praiadobrasil.com/fr//fr/viewpage/mentions-legales-15.html which you acknowledge having read.
It is recalled that the person whose personal data is processed benefits from the rights of access, rectification and opposition to the processing of his personal data.
These rights may be exercised, in accordance with the law of January 6, 1978, as amended by the law of August 6, 2004, by simple request by email to the address info@brazilianbikinishop.com or
by paper mail to the address Ipitanga, 5bis rue Cardon, 78380 Bougival, France, providing proof of identity and a legitimate reason if required by law.

ARTICLE 12. LIABILITY

IPITANGA SAS cannot be held liable under any circumstances in the event of non-performance or poor performance of contractual services attributable to the CLIENT, particularly when entering the order.

IPITANGA SAS shall not be held liable, or considered to have failed to comply with these conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

ARTICLE 13. GENERAL PROVISIONS

The fact that one of the PARTIES has not required the application of any clause of these T&Cs, whether permanently or temporarily, may in no case be considered as a waiver of said clause.
These General Terms and Conditions do not confer any exclusivity regarding the provision of services, or guarantee of quantity or market share to the CLIENT.
If any of the provisions of these General Terms and Conditions should be null and void with regard to a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it will be deemed unwritten but will in no way affect the validity of the other clauses which will remain fully applicable.
In this case, the PARTIES will come together to agree on a new provision to replace the one declared null and void, it being understood that the new provision must respect as much as possible the spirit and economic impact on the PARTIES of the replaced provision.

Article 14 ARCHIVING OF THE CONTRACT

Any contract concluded with the Customer corresponding to an order for an amount greater than 120 euros including tax will be archived by the E-COMMERCE SITE for a period of ten (10) years.
To access the archived contracts that he has subscribed to, the Client must make a request by email to info@brazilianbikinishop.com

Article 15 LANGUAGES FOR THE CONCLUSION OF THE CONTRACT

The language(s) available for the conclusion of the contract is/are: French, English, German.

Article 16 MEDIATION

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

This establishment has designated, by membership registered under number 51588/VM/2309/49 , SAS Médiation Solution as a consumer mediation entity.

To contact the mediator, the consumer must formulate their request:

  • Either in writing to:

Sas Mediation Solution
222 sheepfold path
01800 Saint Jean de Niost
Tel. 04 82 53 93 06

Whatever the means of referral used, the request must imperatively contain:

  • The applicant's postal, telephone and electronic contact details,

  • The name, address and registration number with Sas Médiation Solution of the professional concerned,

  • A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,

  • Copy of the prior complaint,

  • all documents enabling the processing of the request (purchase order, invoice, proof of payment, etc.)

Out-of-court dispute resolution

In the event of out-of-court dispute resolution, the Federal Consumer Mediation Service is competent to receive any request for out-of-court dispute resolution with a consumer. It can handle the request itself or refer it to a qualified entity. You can contact the Consumer Mediation Service via this link: Consumer Mediation Service . If the dispute is cross-border in nature, you can also use the European Union's online dispute resolution platform by following this link: Online Dispute Resolution Platform .

Code of Conduct

Praia Do Brasil adheres to the FEVAD code of ethics.
Praia Do Brasil is a member of BeCommerce and is bound by the code of %20de% %20du% %C3% BeCommerce quality label .

Product authenticity

We always only offer products that we purchase from the original manufacturers and their wholesalers. If you have any doubts about the authenticity of the products, you can find more information and advice on the website https://www.cecbelgique.be . If you suspect counterfeiting, you can always file a complaint via the Contact Point .

Article 17: INTEREST ON LATE PAYMENT

In accordance with legal requirements, the interest rate applied to late payments must not exceed the maximum rate permitted by law. Specifically, the late payment interest rate will be calculated based on the legal rate plus any additional margin allowed. This rate is subject to change based on updates to current legislation.

The maximum rate currently allowed for late payment interest, in accordance with applicable laws, is 8.16% for individual creditors and 4.92% for professional creditors for the second half of 2024. This rate will be strictly adhered to and reflected in all billing and collection procedures.

Article 18: COMPLAINTS PROCEDURE

If you have any problems with a product purchased on praiadobrasil.com , you can file a complaint by following the procedure below:

      1. Contact our customer service : Send an email to %C2% A0">info@praiadobrasil.com including your order number, a detailed description of the problem and, if possible, photos of the affected product.

      2. Receive confirmation : We will send you confirmation of receipt of your complaint and a case number to track the progress of your request.

      3. Complaint Analysis : Our team will review your complaint and may request additional information from you if necessary.

      4. Resolution : We will offer you an appropriate solution, which may include a refund, exchange, or other remedy depending on the nature of your complaint and the applicable terms.

      5. Final Response : We are committed to responding to you within a reasonable time, generally within 15 days of receiving your complaint.

For any further questions, please do not hesitate to contact us using the contact details mentioned above.