Article 1: Object.. 2

Article 2: Seller Identification.. 2

Article 3: Essential characteristics of goods or given services.. 2

Article 4 : Contractual conditions of the seller.. 4

Article 6: Conclusion of the online contract.. 6

Article 7: Payment.. 7

Article 8: Delay of retraction.. 7

Article 9: Delivery of the good.. 8

Article 10: Lawful guarantee of compliance for the sale of goods to be fabricated or produced 10

Article 11: Personal Data.. 11

Article 12 : Applicable law to the seller or contractor's activity established in France 11

Article 13: Regulations of litigations.. 11

 

Article 1: Object

The present contract of online trade is the one by which a professional offers or assures and by electronic way the provisioning of property or services as part of an economic activity with hindsight.

Article 2: Seller Identification

The seller or contractor who, as part of an economic activity, offers products or services by electronic way provides the following elements of identification:

 

BABABIO SARL

French company in the 8000€ issued capital

SIREN : 495303018 00016

VAT Number : FR16495303018

 Head office:

BABABIO SARL

7, ch’fond de rue

80260 Molliens-Au-Bois

FRANCE

Email : contact@bababio.com

Tel : +33 (0)322910377

Fax : +33 (0) 956 033 434  

 

Article 3: Essential characteristics of goods or given services

 

3a – Products concerned:

The BABABIO SARL Company introduces products on its Website to be sold with the necessary characteristics which respect the Article L 111-1 of the Code of consumption, which envisages possibility for the potential consumer to know before the catch of final order the essential characteristics of the products which he likes to buy.

 

3b – Geographical zone covered by offer:

The company BABABIO SARL makes the current offer available to consumers living in European Union and all over the world, only in countries covered by our transporters.

 

3c - Geographical zone of delivery:

The BABABIO SARL Company Takes care of the delivery of its products in all countries covered by our conveyors, everywhere in the world

 

3d – Duration of offer and availability of the good or service at the time of the signing of order:

The present general conditions become active at the validation of the order form. The present general conditions are concluded for the duration necessary for the delivery of products and signed services, up to the redemption of guarantees owed by the society BABABIO SARL.

The availability of the ordered articles is signalled at the time of order, on articles description page, as on the order form.

If an article signalled in stock at the time of order proved to be unavailable at the time of the treatment by our care, the customer would immediately be told by e-mail.

 

3e - Modes and advice of use or circumspection:

The BABABIO SARL company ensures security on its site BABABIO.COM, during the consultation of the personal data stocked in its own files, via the use of a secured connection (SSL) provided by our web space provider.

Concerning the payment, security is ensured by our intermediary of payment, the French Bank “Credit Mutuel”. No banking data are transmitted in the company BABABIO SARL, only our intermediary of payment has access to these data.

 

3f - Delays and modes of delivery:

Available delivery modes are specified at the time of order. These depend on the place and on the Country of delivery, and the sum of expenses is automatically calculated according to the weight of articles.

 

3g - Warranty and after-sales service:

 

In accordance with the Article 4 of the decree n°78-464 of March 24th, 1978, the dispositions of presents cannot deprive the consumer of the lawful guarantee which makes the professional seller guarantee it against all consequences of vices hidden from the sold thing. The consumer is specifically informed that the BABABIO SARL Company is not the producer of products introduced as part of the Website, in the sense of law n°98-389 of May 19th, 1998 and relating to responsibility due to the faulty products. Consequently, in case of damage caused to a person or to a good by a defect of the product, only responsibility of the item’s producer will be able to be searched by the consumer, on the basis of information appearing on the packing of aforementioned product. Conditions and duration of guarantee of the producer are pointed out on products description page.

Article 4 : Contractual conditions of the seller

The BABABIO SARL Company makes available the conditions of sale of the consumer of a way which allows their permanent and easy access, their conservation and their reproduction. It remains hired by her offer so much that it is approachable by electronic way of its own fact.

 

4a - Different steps to be followed to conclude the contract by electronic way:

Orders are validated when following conditions are fulfilled:

-          The customer accepted the present general conditions.

-          The customer confirmed his order.

-          The payment was accepted by the company BABABIO SARL

-          The ordered articles are in supply, ready to be sent.

 

As long as pointed out conditions are not fulfilled, the customer has the possibility of cancelling his online order, in the rubric ”my Orders” of the Website BABABIO.COM.

 

When an order is validated, the sum of order is cashed and the order is prepared for shipping.

Orders to be sent are treated at the farthest, in the three days which follow their validation.

 

Contractual information will make the object of a confirmation by email at the latest at the time of delivery.

 

4b - languages offered for the conclusion of the contract:

The contract is available French English languages only.

 

4c - in case of archiving of the contract, the modalities of this archiving by the author of offer and the conditions of access to the archived contract:

The contract is archived after confirmation of order, within the computer system of BABABIO.COM. It is available for consultation, by way of the accounts receivable, in the rubric “my orders”.

Computerized registers, kept in the computer systems of the society BABABIO SARL in reasonable conditions of security, will be considered to be the proof of communications, orders and payments intervened between parties. The archiving of order forms and bills is performed on a lasting and dependable support that can be produced as proof.
Article 5: Detailed mention of the price of the good or given service

 

Prices are pointed out in euro and are valid only in the date of the dispatch of the order form by the consumer. They do not take into account expenses of delivery, invoiced in supplement, and pointed out before the validation of order. Prices take into account the applicable VAT in the day of order and any change of the applicable rate VAT will automatically be reverberated on the price of the products of the online boutique. The payment of the entirety of price must be accomplished during order. At no instant, poured sums will be able to be considered to be deposits or down payments.

For information only, a possibility of conversion in other currencies, at the request of the consumer (click on a flag), is possible.

 

For Products sent in DOM-TOM, price will be duty-free on goods but a special VAT will be applied on services. Customs or local taxes, rights of importation or local taxes are likely to be owed. We recommend you to enquire about these aspects to local authorities.

 

For products sent outside the European Union, price will be duty-free calculated on the bill. Customs or local taxes, rights of importation or local taxes are likely to be owed. We recommend you to enquire about these aspects to local authorities.

Article 6: Conclusion of the online contract

 

6a - Prior ceremonies:

Before confirming her approval of offer, the consumer proves:

- The detail of its order:

• produced or concerned services,

• Possible valuable reductions,

• Method of payment,

• Mode of delivery.

- Complete price (Taxes Included),

- And correct possible errors.

 

6b - Acknowledgement of receipt of order by electronic way:

The seller or contractor addresses to the purchaser an acknowledgement of receipt of order which was addressed to him by electronic way, in the shortest possible time. This ceremony gives certainty to the purchaser that its intention to contract was well taken into account.

 

6c - Confirmation of order by the consumer:

The consumer confirms the order consisting of the following summary elements:

- Information relating to the offer of the contract (name and coordinates of the seller; expenses of delivery, modalities of payment, delivery or execution);

- Information on conditions and modalities of the right of retraction;

- Address of the establishment of the vendor where the consumer can introduce his claims;

- Information relating to service after sale and to commercial guarantees;

- Conditions of termination of the contract.

The contract will be definitely concluded between both parties when the consumer will financially have iterated the approval of the contract by the technique of the double click.

 

Summary:

 

Prior ceremonies	1st click: detailed summary of order with possibility of correcting possible errors
Acknowledgement of receipt of order by electronic way	Recording of order
Conclusion of the contract	2nd click: confirmation of order and final conclusion of the contract

 

Article 7: Payment

Two options are possible:

The payment is made:

-          Is, immediately by credit card; and in that case, the payment is, except fraudulent Use, irrevocable;

-          Or, in the reception of a check (French only).

 

As for the hypothesis of the payment by credit card, this one is in principle definitive.

Nevertheless, the consumer will be able to demand the cancellation of a payment by card in case of fraudulent use of this one, corresponding sums to be then re - credited or restored.

 

Besides, In France, the responsibility of the holder of a bank card is not engaged if the payment was performed fraudulently without physical use of its card, with hindsight. To acquire the refund of the fraudulent debit side and possible banking expenses which operation could procreate, the consumer must question sample, written, to his bank, in the 70 days according to operation, or even 120 days if the contract linking it to this one envisages it.

In this case, sums are reimbursed by the bank for the delay maximum of month after reception of the written protest formed by the holder. No freshly of restitution of sums will be able to be put payable by the holder.

 

 

Article 8: Delay of retraction

 

After validation of order, the customer has of 7 days to retract, as from the date of reception of his purchase. To do this, contact us so that we transmit you a return number BEFORE you send us back the product.

Expenses of returning, excepted errors from our own, are supported by customer. Only new, unwashed products, and in their original packing will be accepted in return, for refund or exchange.

 

After the product is received back by our services, If needed, the seller or contractor will reimburse the purchaser in the shortest possible time and at the latest in the thirty days according to the date of retraction.

 

The right of retraction does not concern products individualized or made according to the specifications of the consumer, and also perishable property which cannot be returned fast.

 

Article 9: Delivery of the good

 

• The delivery of the good or is made for the delay stipulated in the contract or, in defect, in the 30 days as from day according to that when the consumer transmitted his order, at the risk of resolution of the contract and the refund of poured sums;

• For any claims, the consumer must send a mail by all

Means, including electronics, at address located pointed out.

 

 

 

Summary table

Delivery delay in France metropolitan	3 days
Delivery delay in DOM-TOM	5 days
Delivery delay in European Union	5 days
Delivery delay Out of European Union	Depending on destination and transportor.

 

 

Problems of delivery due to the transportor

Any anomaly concerning delivery (problem, missing product in comparison with the delivery note, harmed package, produced broken) will absolutely necessary have to be pointed out on the delivery note in form of " handwritten reservations ", accompanied with the signature of the customer. The consumer will have to confirm this anomaly at the same time by addressing the date of delivery to the conveyor in next two (2) working days a mail recommended with acknowledgement of receipt displaying aforementioned claims. The consumer will have to transmit copy of this mail by simple mail to:

 

BABABIO SARL

Customer Service,

7, ch’fond de rue

80260 Molliens-Au-Bois

FRANCE

 

OR

 

contact@bababio.com

 

Errors of delivery

1- The consumer will have to formulate to the society BABABIO SARL the same day of delivery or at the latest the first open day according to delivery, any claim of error of delivery and/or not compliance of products in kind or in quality in comparison with indications appearing on the online product description or order. Any claim formulated beyond by this delay will be rejected.

 

2- The formulation of this claim to the BABABIO SARL Company will be able to be made:

- First and foremost by telephone in +33 (0) 322 910 377 from the Tuesday till the Saturday from 9 h till 12 h .,

- By linking you on our site in rubric Information where, having entered your account, you will be able to ask us your question by specifying the reference of order.

 

3- Any claim not performed in rules defined above and for the allowed delays will not be able to be taken into account and will clear the BABABIO SARL company of any responsibility opposite of the consumer.

 

4- In reception of claim, the BABABIO SARL company will allocate a number of exchange for product(s) concerned and announce it by e-mail or by telephone the consumer. The exchange of a product can take place only after attribution to the consumer of a number of exchange according to the step introduced above.

 

5- In case of error of delivery or exchange, any product to exchange or to reimburse will have to have gone back to the BABABIO SARL Company as a whole and in its packing of origin, in recommended, at following address:

 

BABABIO SARL

Product returns,

7, ch’fond de rue

80260 Molliens-Au-Bois

FRANCE

 

Return fees are supported by the society BABABIO SARL, except if the taken back product does not correspond to the statement of origin made by the consumer.

To be accepted, any return will have to be signalled to the Customer Service of the society BABABIO SARL in anticipation.

Article 10: Lawful guarantee of compliance for the sale of goods to be fabricated or produced

The seller delivers a good correspondent to the contract and is responsible for defects of compliance existing during deliverance, same for defects resulting from the packing, from instructions of assemblage or the installation when this one was put in the load by the contract or accomplished under its responsibility.

In case of defect of compliance, the consumer has a double option which practises without expenses:

 

-          replacement or repairing of the bought good

 

Nevertheless, if the choice of the consumer draws away an apparently disproportional expense considering the value of the good or the importance of defect, the seller can decide to go about things according to the other modality.

 

-         Refund of goods price

 

If repairing and replacement of the good are impossible, the consumer can:

- return the good and obtain refunding of price

- keep the good and obtain refunding of a part of price.

 

The same goes for if asked, offered or agreed resolution cannot be implemented within month according to the claim of the purchaser, or if this resolution cannot be done without major disadvantage for this one, considering the nature of the good and the usage he searches. If the defect of compliance is minor the resolution of sale cannot nevertheless be pronounced.

 

If the delivered good or the performance of service does not comply with your order, we recommend you to send an electronic mail at pointed out address: contact@bababio.com

 

Specify following information:

1) number of order, forename, name and address

2) reference of articles which you would like to return

3) motive of the return of the not correspondent article: harmed wrong article, article or size of the article, article in duplicate, quality not correspondent to your wait, etc.

 

When we shall have accepted your article, we shall inform you by email about your refund. Refund will be performed under the same form as the payment of origin in the 30 working days after reception of the returned article.

 

- Watch to point out definitely the reason of return and the modality which you chose:

• Replacement or refund,

• Motive of return.

- Be also sure that the form of expedition is returned with or articles to treat your request as soon as possible.

 

Article 11: Personal Data

 

In accordance with law n ° 78-17 of January 6th, 1978 changed by law n°2004-801 of August 6th

On 2004, the consumer has, notably, a right of access, opposition any time and of correction.

 

For any request on this subject, thank you for contacting us:

- by mail: contact@bababio.com

- by post mail:

 

 

 

The customer file of the BABABIO SARL Company made the object of a statement to CNIL, number of recording 1228657.

Article 12 : Applicable law to the seller or contractor's activity established in France

 

Parties admit that the present contract is subjected to French law.

 

Article 13: Regulations of litigations

 

1- Clause of mediation

Disagreement which would come to occur regarding validity, of interpretation, of execution or of non-performance, of break or of termination of the present contract, will be subjected to the regulations of mediation of CMAP (Centre of Mediation and Arbitration of Paris) to which parties declare to stick.

 

2- Clause of online recommendation

Disagreement which would come to occur regarding validity, of interpretation, of execution or of nonperformance, of break or of termination of the present contract, will be subjected to the online Recommendation of CMAP (Centre of Mediation and Arbitration of Paris) to which parties declare to stick.

 

3- Clause of dismissal in the non-political

• If request emanates from the consumer, the territorialement competent court, in case of litigation, the court of AMIENS is.

• If request emanates from the dealer, the territorialement competent court, in case of litigation, court of AMIENS is.