GENERAL CONDITIONS OF SALE - INTERNET
In force on 03/08/2020
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (known as "GTC") apply, without restriction or reservation to all sales concluded by the Seller to non-professional buyers ("The Customers or the Customer"), wishing to acquire the products. offered for sale ("The Products") by the Seller on the site www.babykids.fr.
The Products offered for sale on the site are as follows:
spare parts and accessories for strollers, sales of strollers, car seats, baby carriers, beds, walkers, swings ...
The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.babykids.fr which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are subject to the limit of available stocks, as specified when placing the order.
These GTC are accessible at any time on the site www.babykids.fr and will prevail over any other document.
The Customer declares to have read these GTC and to have accepted them by checking the box provided for this purpose before implementing the online ordering procedure for the site www.babykids.fr.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The Seller's contact details are as follows:
Baby Kids, SARL
Share capital of 45,000 euros
Registered with the RCS of Troyes B801523192, under the number 80152319200020
4, Rue Paul Bauduret
Intracommunity VAT number FR19801523192
The Products presented on the site www.babykids.fr are offered for sale for the following territories:
Africa, America, Asia, Europe, Oceania and Overseas
In the event of an order to a country other than mainland France, the Customer is the importer of the Product (s) concerned.
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding tax automatically on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable.
They will be the responsibility and are the sole responsibility of the Customer.
ARTICLE 2 - Price
The Products are supplied at the current prices appearing on the site www.babykids.fr, when the order is registered by the Seller.
The prices are expressed in Euros, HT and TTC.
The prices take into account any reductions that would be granted by the Seller on the site www.babykids.fr.
These prices are firm and cannot be revised during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 3 - Orders
It is up to the Customer to select on the site www.babykids.fr the Products he wishes to order, according to the following methods:
Product offers are valid as long as they are visible on the site, within the limits of available stocks.
The sale will only be considered valid after full payment of the price.
It is the Customer's responsibility to verify the accuracy of the order and to report any errors immediately.
Any order placed on the site www.babykids.fr constitutes the formation of a contract concluded at a distance between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer will be able to follow the progress of his order on the site.
Any cancellation of the order by the Customer will only be possible before delivery of the Products (regardless of the provisions relating to the application or not of the legal right of withdrawal).
ARTICLE 3 Bis - Customer area - Account
In order to place an order, the Customer is invited to create an account (personal space).
To do this, he must register by filling out the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his marital status and contact details, in particular his email address.
The Customer is responsible for updating the information provided.
It is specified to him that he can modify them by connecting to his account.
To access their personal space and order history, the Customer must identify themselves using their username and password which will be communicated to them after registration and which are strictly personal.
As such, the Customer refrains from any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.
The Customer may also request to unsubscribe by going to the dedicated page on his personal space or sending an email to: firstname.lastname@example.org.
This will be effective within a reasonable time.
In the event of non-compliance with the general conditions of sale and / or use, the site www.babykids.fr will have the possibility of suspending or even closing the account of a customer after formal notice sent electronically and has had no effect. .
Any deletion of an account, for whatever reason, results in the outright deletion of all personal information from the
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.
The creation of the account implies acceptance of these general conditions of sale.
ARTICLE 4 - Payment terms
The price is paid by secure payment, according to the following terms:
payment by credit card
or payment by check
or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Customer when placing the order)
The price is payable in cash by the Customer, in full on the day the order is placed.
However, the Customer may, when this possibility is indicated on the site www.babykids.fr, pay according to the conditions and the schedule.
ALMA FREE CREDIT PAYMENT OPTION.
Customer code: 40126291
General conditions of use of Alma payment facilities for the Customer
Words beginning with a capital letter in the General Conditions and Special Conditions have the following definitions:
Seller: Any legal person selling goods or services.
Service provider: Alma SAS, with capital of € 236,426.33, whose registered office is 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered in the Nanterre Trade and Companies Register under number 839 100 575.
Customer: adult natural person or legal person paying for their purchases from the Seller via the Service Provider's payment service.
Accepted Countries: List of countries from which the Customer's means of payment must originate.
Unless otherwise stated in the Special Conditions, this only concerns France.
"Payment in several installments" or "Deferred payment" are payment facilities granted by the Seller to the Customer allowing the payment of the order to be spread out in several installments or its delay to a date after the order (2 times, 3 times, 4 times, D + 15 or D + 30 according to the choice of the Seller).
These payment facilities do not fall within the scope of the regulations on consumer credit (cf. art. L312-4 of the Consumer Code).
The Service Provider provides technical support to the Seller and the Customer for the implementation and management of these payment facilities.
Access to the payment facility is reserved for individuals (major individuals) and professionals (legal entities) residing in an Accepted Country.
These people must be holders of a Visa, Mastercard, American Express or Bank Card type bank card issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country and a telephone number. from the same country as their card or bank account.
In the event of payment by card, it must be valid for at least one month after the date of the last expiry of the payment facility.
Cards with systematic authorization, credit, prepaid, virtual or in a country not belonging to the list of Accepted Countries are not accepted.
Access to the payment facility service is subject to the decision of the Service Provider, who may refuse access to it to the Customer, in particular in the event of suspicion of fraud or risk of unpaid debts.
The Service Provider is likely to request more information from the Customer, in order to authorize his access to a payment facility.
This request may concern the Client's identity document or a request for access to the Client's bank account.
The Customer undertakes that the Service Provider can withdraw from his means of payment the sums due on the dates specified in the payment receipt.
The Customer agrees that the claim that the Seller has against him may be assigned to a third party.
The Customer materializes his request for access to the payment facility by clicking on the button "Pay in several times" (or "Pay in 2 times", "Pay in 3 times", "Pay in 4 times") or "Pay later ”(or“ Pay in 15 days ”or“ Pay in 30 days ”) of the Service Provider.
If necessary, the Customer may be asked to affix his signature.
The Seller materializes its agreement for this payment facility by the message "Payment accepted" or "Accepted".
The Customer's order is then validated and the payment facility takes effect immediately.
Withdrawal of the order
The individual Customer has a withdrawal period for his order from the Seller as specified in the Seller's General Conditions of Sale.
In the event that this right is exercised with the Seller and the purchase is canceled, the payment facility will then be canceled and all the sums already paid to the Seller by the Customer will be refunded to him.
Withdrawal of the payment facility
The individual Customer has a period of 14 calendar days from the date of order to waive the payment facility granted by the Seller and decide to pay in cash,
by contacting the Service Provider directly at email@example.com.
In the event of a withdrawal, any costs paid by the Customer are reimbursed by the Seller (excluding the cost of returning the order).
If he meets the conditions of withdrawal applications described in article L121-16-1 of the Commercial Code, the Professional Client also benefits from a right of withdrawal for a period of fourteen calendar days,
on the same terms as for a particular Client.
If all or part of the order is canceled in accordance with the Seller's terms and conditions, the amount of the payment facility will be revised accordingly in order to be aligned with the new amount due.
If applicable (for example in the event of total cancellation of the order), the Seller will reimburse the Customer for the overpayment.
In the event of non-payment by the Customer on the correct date of an amount due, the Seller may terminate the offer of payment facility made and demand immediate payment of the entire amount remaining due.
Likewise, the Seller may terminate the offer in the event of a false declaration on the part of the Customer (personal information, bank details).
Immediate payment of the entire amount remaining due may then be required.
In the event of bank fraud, organized fraud or proven payment default, the Service Provider may take the following actions:
anticipated debit of funds on all cards or means of payment connected to the Customer;
freezing of the Client's funds in order to recover his default;
freezing of Client funds in order to allow additional investigations;
request for cancellation of the sale to the Seller.
Funds, bank cards or any other means of payment are deemed to be 'connected' to a Client as soon as the Service Provider has sufficient elements to corroborate a link.
With the aim of proving its good faith, the Service Provider will endeavor to document all the elements that allowed these connections, in particular in order to be able to produce them before a court.
The freezing of funds is likely to be applied for a period of up to 180 days (in particular in the event of the use of forged documents)
in order to allow the Service Provider's teams to carry out the investigations necessary to establish the facts.
At the end of this period, the funds will be refunded to the Client free of charge or kept in order to cover a default of the Client.
In order to facilitate and streamline exchanges, the Seller delegates all management of the payment facility (control, acceptance, direct debits, reimbursement, recovery) to the Service Provider.
The latter uses dematerialized communication media.
The Customer may, however, receive these general conditions and special conditions on paper if he requests them from the Service Provider.
The Seller, the Customer and the Service Provider agree that the data, files, records or any operation received or stored on any IT support from the Seller or the Service Provider,
as well as any exchange between the Customer and the Seller or the Service Provider carried out electronically or any other dematerialized means constitute proof of the ease of payment granted.
The Customer acknowledges that clicking on the “Pay in installments” or “Pay later” button, or affixing his signature on the Service Provider's interface, constitutes a full commitment on his part.
In the event of a characterized late payment by the Customer, defined as a delay of more than 15 days on a due date, the Service Provider reserves the right to apply late penalties of an amount at most equal to 8% of the sums still due.
In the event that the Client is a company, the minimum amount of the penalty is € 40 (fixed compensation for compensation for recovery costs).
Note: Alma will do everything possible to resolve payment defaults amicably without applying these penalties, provided that the Customer fully cooperates in the process of resolving the outstanding payment.
For any question relating to these conditions, or in the event of a complaint, the Customer can contact the Service Provider at the address firstname.lastname@example.org.
The Service Provider undertakes to provide a response within 48 hours.
DATA COLLECTION AND PROCESSING
See our Privacy and Data Management Policy.
CONDITIONS SPECIFIC TO GERMAN CUSTOMERS
For the purpose of the credit rating / solvency checks of certain customers in Germany, we request data from Creditreform Boniversum GmbH, Hellersbergstr. 11, 41460 Neuss, Germany, on customers' personal address and solvency, which is saved in its database,
including score values calculated using actuarial techniques.
To permit this, we have credibly demonstrated our legitimate interest in this data. The calculation of the solvency score value also uses address data amongst other things.
Special conditions for clients of SARL BABY KIDS
AMOUNT OF PURCHASES
Only purchases between € 50 and € 2,000 are eligible for payment in installments with Alma at the SARL BABY KIDS merchant.
By paying in installments with Alma at the SARL BABY KIDS merchant, the customer does not pay any fees.
In this case, in the event of late payment and payment of sums due by the Customer beyond the above-mentioned deadlines, and after the payment date appearing on the invoice addressed to the latter, late penalties calculated at the legal rate applicable to the amount including tax of the purchase price appearing on the said invoice, will be acquired automatically and by operation of law from the Seller, without any formality or prior notice.
Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Seller would be entitled to bring, in this respect, against the Customer.
In addition, the Seller reserves the right, in the event of non-compliance with the terms of payment appearing above, to suspend or cancel the delivery of orders in progress made by the Customer.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider involved in banking transactions carried out on the site www.babykids.fr.
In the event of payment by check, it must be issued by a bank domiciled in metropolitan France or Monaco.
The check is cashed upon receipt.
Payments made by the Customer will only be considered final after actual receipt by the Seller of the sums due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him the full price under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered in mainland France or in the following zone (s):
Africa, America, Asia, Europe, Oceania, Overseas.
Deliveries take place within 2 to 4 days for France, 3 to 10 days for Europe and for the rest of the world 10 to 30 days to the address indicated by the Customer when ordering on the site.
Delivery consists of the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the deadlines specified above.
If the Products ordered have not been delivered within 20 days after the indicative delivery date, for any reason other than force majeure or the Customer's fault, the sale may be terminated at the Customer's written request within conditions provided for in Articles L
216-2, L 216-3 and L241-4 of the Consumer Code.
The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or withholding.
Deliveries are made by an independent carrier, to the address mentioned by the Customer when ordering and which the carrier can easily access.
When the Customer is responsible for calling on a carrier that he himself chooses, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservations.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse in warranty against the Seller in the event of default of
delivery of transported goods.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional billing, on prior estimate.
accepted in writing by the Client.
The Customer is required to check the condition of the products delivered.
He has a period of 7 days from delivery to formulate complaints by email to email@example.com, accompanied by all the relevant supporting documents (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to comply and free from any apparent defect and no complaint can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose defects of conformity or apparent or hidden defects have been duly proved by the Customer, under the conditions provided for in Articles L 217-4 et seq. Consumer Code and those provided for in these GTC.
The transfer of the risks of loss and of deterioration relating thereto, will only be carried out when the Customer takes physical possession of the Products. The Products therefore travel at the risk and peril of the Seller, except when the Customer himself has chosen the carrier. As such, the risks are transferred when the goods are handed over to the carrier.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will be carried out upon acceptance of the order by the Seller, materializing the agreement of the parties on the item and on the price, regardless of the date of payment and delivery.
ARTICLE 7 - Right of withdrawal
According to the terms of article L221-18 of the Consumer Code “The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following a direct telephone call or outside establishment, without having to justify its decision or bear any costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period mentioned in the first paragraph runs from the day:
1 ° The conclusion of the contract, for service provision contracts and those mentioned in Article L. 221-4;
2 ° Receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal from the conclusion of the contract.
In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period starts from receipt. of the last good or lot or of the last part.
For contracts providing for the regular delivery of goods during a defined period, the period starts from the receipt of the first good. "
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns are to be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put on sale again in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not taken back.
The return costs remain the responsibility of the Customer.
The exchange (subject to availability) or reimbursement will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions provided for in this article.
ARTICLE 8 - Seller's liability - Guarantees
The Products supplied by the Seller benefit from:
the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order, the legal guarantee against latent defects resulting from a material, design or manufacturing defect affecting the delivered products and the making it unsuitable for use.
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Article L217-5 of the Consumer Code
"The good is in accordance with the contract:
1 ° If it is suitable for the use usually expected of a similar good and, if applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code.
"The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer has not acquired it, or would have given them a lower price, if they
had known. "
Article 1648 paragraph 1 of the Civil Code
“The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect. "
Article L217-16 of the Consumer Code.
"When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. "
In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or of the existence of hidden defects from their discovery.
The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-compliant or defective.
Shipping costs will be reimbursed on the basis of the invoiced price and return costs will be reimbursed on presentation of supporting documents.
Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 14 Days days following the Seller's finding of the lack of conformity or the hidden defect. This reimbursement can be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify,
in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.
The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-conforming Products or those affected by a defect.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the purpose of delivering the Products. These personal data are collected only for the execution of the sales contract.
9.1 Collection of personal data
The personal data collected on the site www.babykids.fr are as follows:
When creating the Client / user account:
Names, first names, postal address, telephone number and e-mail address.
As part of the payment for the Products offered on the site www.babykids.fr, it records financial data relating to the bank account or credit card of the Client / user.
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the service of sale and delivery of the Products.
The category (ies) of co-contractor (s) is (are):
9.3 Data controller
The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.
9.4 restriction of processing
Unless the Customer expresses his express consent, his personal data is not used for advertising or marketing purposes.
9.5 Data retention period
The Seller will keep the data thus collected for a period of 5 years, covering the period of limitation of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Implementation of the rights of Customers and users
In application of the regulations applicable to personal data, Customers and users of the site www.babykids.fr have the following rights:
They can update or delete their data as follows:
From his customer account.
They can delete their account by writing to the e-mail address indicated in article 9.3 "Data controller"
They can exercise their right of access to know their personal data by writing to the address indicated in article 9.3 "Data controller"
If the personal data held by the Seller is inaccurate, they can request the updating of the information of the information by writing to the address indicated in article 9.3 "Data Controller"
They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data controller"
They can also request the portability of data held by the Seller to another service provider.
Finally, they can oppose the processing of their data by the Seller.
These rights, as long as they do not conflict with the purpose of the processing, can be exercised by sending a request by mail or by e-mail to the Data Controller whose contact details are indicated above.
The data controller must provide a response within a maximum of one month.
In the event of refusal to comply with the Customer's request, the latter must be motivated.
The Customer is informed that in the event of refusal, he can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or seize a judicial authority.
The Customer may be invited to tick a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual property
The content of the www.babykids.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is liable to constitute an offense of counterfeiting.
ARTICLE 11 - Applicable law - Language
These GTC and the operations resulting from them are governed and subject to French law.
These T & Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T & Cs.
In the event of a dispute, the Parties will endeavor to reach an amicable settlement.
If no amicable settlement is successful within two 15 days, SARL Baby Kids and the Customer will defer to the competent courts of Troyes, to which they grant jurisdiction.
The Customer is also informed that he can also use the Online Dispute Resolution (RLL) platform.
: https: //webgate.ec.europa.eu/odr/main/index.cfm? event = main.home.show
All disputes to which the purchase and sale transactions concluded pursuant to these GTCS and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law. common.
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.babykids.fr, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of SARL, Baby Kids
4, Rue Paul Bauduret
10120 St André les Vergers
I hereby notify the withdrawal of the contract relating to the property below:
- Order from (indicate date)
- Order number: ............................................ ...............
- Client name : ............................................. ..............................
- Customer's address: ............................................. ..........................
Signature of the Client (only if this form is notified on paper)
By Mail to firstname.lastname@example.org