Article one – Field of application
These General Sales terms and conditions apply without restrictions or reserves to all sales by Baby’s Bonnette (hereafter referred to as the “seller”) to non professional buyers (hereafter referred to as “customers” or “the customer”) wishing to acquire the products offered for sale by the seller on the “babysbonnette.com” web site.
They especially detail the order, payment and delivery conditions as well as the possible returns of products ordered by customers. The products offered for sale on the “babysbonnette.com” site are the following:
a childcare item consisting of a bonnet to prevent babies’ ears from folding.
The main characteristics of the product, and notably its specifications, illustrations and size or capacity are indicated on the “babysbonnette.com” web site.
Customers have a duty to inform themselves of the specifications before ordering.
The choice and purchase of a product are the sole responsibility of the customer.
The photographs and graphics on the “babysbonnette.com” web site are not contractually binding and cannot be used to claim the seller’s liability.
The customer has a duty to refer to the product description to find out its properties and essential particularities.
The products offer are to be understood as being in the limit of available stocks, as indicated when ordering.
The seller’s contact details are the following:
18 500 Marmagne
These general terms and conditions are applicable and exclude any other terms and conditions, especially those applicable to retail sales or to other distribution and sales circuits.
These terms and conditions can be viewed at all times on the “babysbonnette.com” web site and, where applicable, shall prevail over any other version or any other contradictory document.
The customer declares having read these Terms and Conditions and to have accepted them by checking the box provided before using the on-line ordering procedure, as well as having read the general usage conditions for the “babysbonnette.com” web site.
These general terms and conditions may be subject to future modifications. The version applicable to the customer purchase is the version applicable on the web site on the date the order was made.
Excepting proof to the contrary, the data recorded in the seller’s information system is proof of all transactions made with the customer.
In compliance with the French 6th January 1978 Act covering data privacy, at all times the customer has a right of access to, correction of, and opposition against all their personal data by writing to the following address and enclosing proof of identity:
18 500 Marmagne
The product presented on the “babysbonnette.com” web site is proposed for sale without any territorial restrictions.
In the case of orders from countries other than metropolitan France, the customer is the importer of the product or products in question.
For all products shipped outside the European Union and French Overseas Territories, the price will automatically be calculated excluding VAT on the invoice.
Customs duties or other local taxes, import duties or state taxes may be due. They shall be paid by the customer and are the customer’s responsibility.
Article 2 – Orders
Customers must select the product they wish to order on the “babysbonnette.com” web site depending on the selected colour and after have read and accepted the General Terms and Conditions.
Customers then select the payment method.
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale shall only be considered final after the buyer has been sent a confirmation of the acceptance of the order by the seller by email, and after the full price has been received by the seller.
It is the customer’s duty to check the exactness of the order and to immediately notify of any errors.
All orders made on the “babysbonnette.com” web site are a remotely concluded contract between the customer and the seller.
The seller does not intend to sell products on the “babysbonnette.com” web site to professionals, but only to consumers for their private needs.
The seller therefore reserves the right to refuse orders for large quantities (in excess of 10 items) of the same product.
Article 3 – Prices
The products are supplied at the prices applicable on the “babysbonnette.com” web site when the order is recorded by the seller. Prices are in Euros and include VAT.
These prices are final and are not reviewable during their validity period, as indicated by the seller on their web site. They do not include processing, dispatch, transport and delivery costs which are invoiced in addition under the terms and conditions indicated on the “babysbonnette.com” web site and calculated before the order is made.
The payment requested from the customer corresponds to the total purchase price, including these costs.
An invoice is generated by the seller and issued to the buyer when the products are ordered and delivered outside the European Union.
Article 4 – Payment terms and conditions
The price is payable in full on the day the order is made by the buyer, using a secure method of payment and under the following terms.
4.1 – General terms and conditions
Payments made by the buyer shall only be considered final by the seller when they are effectively credited to the seller’s account.
Furthermore, the seller reserves the right to suspend or cancel the delivery of ongoing orders from the buyer if the payment terms and conditions below are not complied with. No extra costs in excess of the costs paid by the seller for the use of a means of payment can be invoiced to the customer.
4.2 – Paypal payments
The customer shall be directed to the “paypal.fr” web site.
The automatic recording system when the payment is validated by Paypal is considered to be proof of the type of content and the date of the order.
The “paypal.fr” web site confirms the acceptance of the order to the customer using the email address the customer supplied. The sale shall only be final once the order has been confirmed on the “paypal.fr” site.
The “babysbonnette.com” site reserves the right to cancel any order from customers with whom there is a prior dispute over the payment of a previous order. The information provided by the purchaser when placing an order is contractually binding. In the event of an error in the recipient’s contact details, the seller cannot be held liable for any impossibilities relative to the delivery of the product.
Article 5 – Deliveries
5.1 – General terms and conditions
Products ordered by the customer are delivered within a deadline of thirty (30) days from the dispatch of the order, to which are added the processing and transport times to the address given by the customer when ordering on the “babysbonnette.com” web site.
The delivery is materialised by the transfer of physical possession or control of the product to the customer.
Except in special cases or when one or more products are unavailable, the ordered products will be delivered in a single delivery.
5.2 – Deliveries outside metropolitan France
For deliveries outside metropolitan France, the customer undertakes to pay all import taxes, customs duties, value added tax, and any other taxes due on the products under the legislation of the country to which the products are delivered.
Deliveries to EEC countries are made by La Poste.
Deliveries in countries outside the EEC are made by international postal services.
“babysbonnette.com” declines any legal liability if the customer were to fail to pay any taxes.
5.3 – Late deliveries
The seller undertakes to make their best efforts to deliver the products ordered by the customer within the deadlines given above. However, these deadlines are only indicative. However, if the ordered products have not been delivered within thirty (30) days following the indicative order date and for any cause other than force majeure or an act of the customer, the sale can be cancelled by written request from the customer under the terms and conditions defined by articles L 138-2 and L 138-3 of the French Consumer Code. The sums paid by the customer shall be returned at the latest fourteen days after the termination of the contract, and shall not be accompanied by any compensation or deductions.
5.4 – Case of force majeure
The following are considered cases of force majeure that release the seller from their duty to deliver: war, riots, fire, strikes, accidents and the impossibility to obtain supplies.
Article 6 – Transfer of ownership – Transfer of risks
The transfer of the ownership of the products from the seller to the customer shall only occur after the full payment of the price by the customer, whatever date the products are delivered.
Whatever the date of the transfer of the ownership of the products, the risks covering loss and damage shall only occur when the customer takes physical possession of the products. The products therefore travel at the risk of the seller.
Article 7 – Cooling down period
In compliance with applicable legislation, the customer has a cooling down period of fourteen days from receipt of the product in which they can cancel the sale without giving any reason or paying any penalties and either exchange the product or have it refunded, on condition that the products are returned in their original packaging and in perfect condition within thirty (30) days of the notification of cancellation by the customer.
Returns are to be made complete and in their original condition (packaging, accessories, instructions, etc.) so that they can be re-sold as new, and accompanied by the purchase receipt.
The return of damaged, soiled or incomplete products shall be refused.
If the cooling off period rights are exercised within the deadline, only the price of the purchased product or products will be refunded; return costs shall be paid by the customer.
The exchange (if the replacement is available) or the refund shall be made within fourteen (14) days from receipt by the seller of the products returned by the customer under the conditions defined in this article.
Article 8 – Seller’s liability – Guarantee
The products sold on the “babysbonnette.com” web site comply with regulations applicable in France and their performance is compatible with non professional use.
The products sold by the seller, independently of the cooling off period, and free of charge, in compliance with applicable legislation are covered:
– by the legal guarantee of conformity for products that are visibly defective, spoilt or damaged, or which do not correspond to the order,
– by the legal guarantee covering hidden defects caused by a material, design or manufacturing defect impacting the delivered products and making them unfit for purpose,
under the terms and conditions defined in the appendix to these General Terms and Conditions (Guarantee of conformity / Guarantee from hidden defects).
In order to make a claim, the customer must inform the seller of the non compliance of the products in writing within a maximum deadline of six (6) months from the date the products were delivered or within a maximum of two years from the discovery of the hidden defects.
The seller shall refund or repair the guaranteed products or parts considered non compliant or defective.
Shipping costs shall be refunded on the basis of the invoiced price and return costs shall be refunded on proof of payment.
The refund of products considered non compliant or defective shall be made as quickly as possible, and at the latest within thirty (30) days following the seller acknowledging the non compliance or the hidden defect.
The refund shall be made by crediting the customer’s bank account or by cheque sent to the customer.
The seller cannot be held liable in the following cases:
failure to comply with the legislation of the country the products are delivered to, which it is the customer’s duty to check,
in the event of incorrect use, use for professional purposes, negligence or incorrect maintenance by the customer, or in the event of normal product wear and tear, accidents or force majeure.
Furthermore, before any use of the Baby’s Bonnette, the customer must make sure that it is in good condition: i.e. that the straps under the bonnet are solidly sewn, that the press buttons are not defective and that the strap on top of the bonnet is correctly tied.
In all cases, the seller’s guarantee is limited to the replacement or refund of the non compliant or defective products.
Article 9 – Data privacy
In application of the French 6th January 1978 Act N° 78-17, i is reminded that the nominative data requested from the customer is required to process their order and to issue invoices especially.
This data may be communicated to the seller’s eventual partners in charge of performing, processing or managing the payment of the orders.
The processing of the data communicated using the “babysbonnette.com” web site has been declared to the CNIL (French Data Privacy watchdog).
In compliance with applicable national and European regulations, the customer has a permanent right of access, modification, correction and opposition over their personal data.
This right can be exercised under the conditions and procedures defined on the “babysbonnette.com” web site.
Article 10 – Intellectual property
The content of the “babysbonnette.com” web site is the property of the seller and is protected by French and international intellectual property rights legislation.
Any total or partial reproduction of this content is strictly prohibited and can be a criminal infringement offence.
Furthermore, the seller retains the ownership of all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc. created (even at the customer’s request) in order to provide the customer with services. The customer therefore undertakes to refrain from copying or using the said studies, drawings, models and prototypes etc. without the explicit, written and prior consent of the seller who can request financial payment.
Article 11 – Applicable law – Language
These General Terms and Conditions and the resulting operations are governed by French law.
These General Terms and Conditions were written in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 12 – Disputes
All disputes arising from the purchase and sale operations under these General terms and Conditions as to their validity, interpretation, performance, termination and consequences which cannot be settled between the buyer and the seller out of court, shall be submitted to the relevant jurisdiction under common law.
The customer is informed that they can apply for arbitration, especially at the “Commission de la Médiation de la Consommation” (French Consumer Ombudsman) (French Consumer Code Art. L 534-7), or to the existing trade arbitration organisations, or use any other means of settlement (conciliation for example) in the event of a dispute.
Article 13 – Pre-contractual information – Customer acceptance
The customer acknowledges having received these general Terms and Conditions and all the information listed by article L 121-19 of the French Consumer Code in clear and understandable form, prior to the signature of the contract, and more especially:
– the main characteristics of the proposed services in the measure appropriate for the support used and the services in question;
– the identity of the professional (company name, geographical address of the establishment);
– the total price of the services including VAT or, when the price cannot reasonably be calculated in advance, the price calculation method and, if applicable, all additional costs or, when these cannot be reasonably calculated in advance, the indication that these costs may be due;
– when applicable, the means of payment, performance, the date on which the contractor undertakes to perform the services and the procedure intended to process complaints;
– the reminder of the legal guarantee of conformity of the services, the existence of a customer service and commercial guarantees, where applicable, as well as their applicable conditions;
– the duration of the contract, where applicable, or if it is a permanent contract or an automatically renewable contract, the conditions for the termination of the contract.
The act of using the web site to order, either by a private individual or a legal entity, implies the full and entire acceptance of these General Terms and Conditions, this being explicitly agreed by the buyer who renounces using and contradictory documents which cannot be used against the seller.