Terms and Conditions - Internet

Effective 08/03/2020

ARTICLE 1 - Scope of application

These General Terms and Conditions of Sale ("GTCS") apply, without restriction or reservation, to all sales concluded by the Vendor with non-professional purchasers ("the Customer") wishing to acquire the products offered for sale ("the Products") by the Vendor on the https://www.babykids.fr/en/ website.

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, baby walkers, swing seats ......

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 https://www.babykids.fr/en/ website, which the customer is obliged to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability, as specified when the order is placed.

These terms and conditions are available at any time on the https://www.babykids.fr/en/ website and shall prevail over any other document.

The customer declares that he/she has read and accepted these GTC by ticking the appropriate box before placing an order online at https://www.babykids.fr/en/.

In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.

The Products presented on the https://www.babykids.fr/en/ website are offered for sale in the following territories:

Africa, America, Asia, Europe, Oceania and Overseas

In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and French overseas departments and territories, the price will automatically be calculated exclusive of tax on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable.

They are the sole responsibility of the Customer.

ARTICLE 2 - Prices

Products are supplied at the current prices shown on the https://www.babykids.fr/en/ website, at the time the order is registered by the Vendor.

Prices are given in Euros, excluding VAT and including VAT.

Prices take into account any discounts offered by the Seller on the https://www.babykids.fr/en/ website.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside their period of validity.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these charges.

An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 - Orders

It is the Customer's responsibility to select the Products they wish to order on the https://www.babykids.fr/en/ website, in accordance with the following procedures:

• Product offers are valid as long as they are visible on the site, while stocks last.
• The sale will not be considered valid until full payment has been received.
• It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
• Any order placed on the https://www.babykids.fr/en/ website constitutes the formation of a distance contract between the Customer and the Vendor.
• The Vendor 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 can 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 (independently 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 so, he/she must register by filling in the form provided at the time of ordering, and undertakes to provide truthful and accurate information concerning his/her civil status and contact details, in particular his/her e-mail address.

The customer is responsible for updating the information provided.

He/she is informed that he/she can modify them by logging into his/her account.

To access his personal space and order history, the Customer must identify himself using his user name and password, which are strictly personal and communicated to him after registration.

In this respect, the Customer shall refrain from any disclosure. If they do, they will remain solely responsible for any use made of them.

The Customer may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to : contact@babykids.fr.

This will be effective within a reasonable timeframe.

In the event of non-compliance with the general terms and conditions of sale and/or use, the https://www.babykids.fr/en/ website may suspend or even close a customer's account after a formal notice has been sent electronically and has remained without effect.

Any deletion of an account, for whatever reason, will result in the deletion of all the Customer's personal information.

The Vendor shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these terms and conditions of sale.

ARTICLE 4 - Terms of payment

The price is paid by secure payment as follows:

• payment by credit card
• payment by cheque
• payment by bank transfer to the Vendor's bank account (details of which are given to the Customer when the order is placed)

The price is payable in full by the Customer on the day the order is placed.

However, where this option is indicated on the https://www.babykids.fr/en/ website, the customer may pay in accordance with the following conditions and payment schedule:

PAYMENT OPTION FREE CREDIT ALMA

Customer code : 40126291

General terms and conditions of use of Alma payment facilities for the Customer

DEFINITIONS

Words beginning with a capital letter in the General Conditions and Special Conditions have the following definitions:

• Seller : Any legal entity selling goods or services.
• Service provider : Alma SAS, with capital of €236,426.33, headquartered at 176 avenue Charles de Gaulle, 92200 Neuilly-sur-Seine, registered with the Nanterre Trade and Companies Register under number 839 100 575.
• Customer : any natural person of legal age or legal entity paying for purchases from the Vendor via the Service Provider's payment service.
• Accepted countries : List of countries from which the Customer's means of payment must originate. Unless otherwise specified in the Special Terms and Conditions, this refers to France only.

SUBJECT

Payment in instalments" or "deferred payment" are payment facilities granted by the Vendor to the Customer allowing payment of the order to be spread over several instalments or deferred to a date subsequent to the order (2 times, 3 times, 4 times, D+15 or D+30 depending on the Vendor's choice).

These payment facilities do not fall within the scope of consumer credit regulations (cf. art. L312-4 of the French Consumer Code).

The Service Provider provides technical support to the Seller and the Customer for the implementation and management of these payment facilities.

CONDITIONS

Access to the payment facility is reserved for individuals (natural persons of legal age) and professionals (legal entities) residing in an Accepted Country.

These persons must hold a Visa, Mastercard, American Express or Cartes Bancaires bank card issued in an Accepted Country, or a bank account held by a bank domiciled in an Accepted Country, and a telephone number in the same country as their card or bank account.

In the case of payment by card, the card must be valid at least one month after the last due date of the payment facility.

We do not accept cards with systematic authorization, credit cards, prepaid cards, virtual cards or cards from countries not on the list of Accepted Countries.

Access to the payment facility service is subject to the decision of the Service Provider, who may refuse access to the Customer, in particular in the event of suspected fraud or risk of non-payment.

The Service Provider may request additional information from the Customer in order to authorize access to a payment facility. This may include a request for the customer's identity document, or a request for access to the customer's bank account.

The Customer agrees to allow the Service Provider to debit the amounts due on the dates specified in the payment receipt.

The Customer agrees that the claim which the Vendor may have against him may be assigned to a third party.

EFFECTIVE DATE

The Customer requests access to the payment facility by clicking on the Service Provider's "Pay in instalments" (or "Pay in 2 instalments", "Pay in 3 instalments", "Pay in 4 instalments") or "Pay later" (or "Pay in 15 days" or "Pay in 30 days") button. Where appropriate, the Customer may be asked to sign.

The Vendor indicates his agreement to this payment facility by the message "Payment accepted" or "Accepted". The customer's order is then validated and the payment facility takes effect immediately.

CANCELLATION

Withdrawal of order : The individual customer has a withdrawal period for his order with the Vendor as specified in the Vendor's General Terms and Conditions of Sale. In the event of exercising this right and cancelling the purchase, the payment facility will be cancelled and all sums already paid to the Vendor by the Customer will be reimbursed.

Withdrawal from 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 Vendor and decide to pay in cash, by contacting the Service Provider directly at the following address support@getalma.eu.

In the event of retraction, any costs paid by the Customer will be reimbursed by the Vendor (excluding the cost of returning the order). If they meet the withdrawal application conditions described in article L121-16-1 of the French Commercial Code, professional customers also benefit from a right of withdrawal for a period of fourteen calendar days, under the same conditions as for private customers.

CANCELLATION

If all or part of the order is cancelled in accordance with the Seller's general terms and conditions, the amount of the payment facility will be revised accordingly to bring it into line with the new amount due.

Where applicable (e.g. in the event of total cancellation of the order), the Vendor will reimburse the Customer for any overpayments.

TERMINATION

In the event of non-payment by the Customer of any sum due on the due date, the Vendor may cancel the offer of a payment facility and demand immediate payment of the full amount outstanding.

Similarly, the Vendor may cancel the offer in the event of a false declaration by the Customer (personal information, bank details). In such cases, immediate payment of the full amount due may be required.

In the event of bank fraud, organized fraud or proven non-payment, the Service Provider may take the following actions:

• early debit of funds on all cards or payment methods connected to the Customer ;
• freezing of the customer's funds in order to proceed with the recovery of his default;
• freezing of customer funds for further investigation;
• request cancellation of the sale from the Seller.

Funds, bank cards or any other means of payment are deemed to be 'connected' to a Customer when the Service Provider has sufficient evidence to corroborate a link.

In order to prove its good faith, the Service Provider will endeavor to document all the elements that enabled these connections, in particular in order to be able to produce them in court.

Funds may be frozen for up to 180 days (particularly in the case of falsified documents) to enable the Service Provider's teams to carry out the necessary investigations to establish the facts.

At the end of this period, the funds will be reimbursed to the Customer free of charge or retained to cover a Customer default.

RELATIONS

In order to facilitate and streamline exchanges, the Seller delegates the entire management of the payment facility (control, acceptance, direct debits, reimbursement, collection) to the Service Provider. The latter uses dematerialized communication media.

The Customer may, however, receive these general and special terms and conditions on paper upon request to the Service Provider.

PROOF

The Vendor, the Customer and the Service Provider agree that the data, files, recordings or any operation received or stored on any computer medium of the Vendor or the Service Provider, as well as any exchange between the Customer and the Vendor or the Service Provider carried out by electronic or any other dematerialized means, constitute proof of the payment facility granted.

The Customer acknowledges that clicking on the "Pay in instalments" or "Pay later" button, or signing on the Service Provider's interface, constitutes a full and complete commitment on the part of the Customer.

LATE FEES

In the event of 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 payment penalties of up to 8% of the outstanding sums.

If the Customer is a company, the minimum penalty is €40 (flat-rate compensation for collection costs).

Please note: Alma will make every effort to resolve payment defaults amicably without the application of these penalties, provided that the Customer cooperates fully in the process of resolving the non-payment.

INFORMATION, COMPLAINTS

For any questions relating to these conditions, or in the event of a complaint, the Customer may contact the Service Provider at the following address support@getalma.eu. The Service Provider undertakes to respond within 48 hours.

DATA COLLECTION AND PROCESSING

See our Privacy and Data Management Policy.

SPECIFIC CONDITIONS FOR 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 SARL BABY KIDS customers

PURCHASE AMOUNT

Only purchases between €50 and €2,000 are eligible for payment in instalments with Alma from the SARL BABY KIDS merchant.

CUSTOMER COSTS

By paying in installments with Alma at SARL BABY KIDS, the customer pays no fees.

ACCEPTED COUNTRIES

France

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 shown on the invoice sent to the Customer, late payment penalties calculated at the legal rate applicable to the amount of the purchase price shown on the said invoice, inclusive of tax, will be automatically due to the Vendor, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Vendor may be entitled to take against the Customer in this respect.

In addition, the Vendor reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the delivery of current orders placed by the Customer.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions on the https://www.babykids.fr/en/ website.

If payment is made by cheque, it must be issued by a bank domiciled in mainland France or Monaco.

Cheques are cashed on receipt.

Payments made by the Customer will not be considered final until the Seller has received the sums due.

The Vendor shall not be obliged to deliver the Products ordered by the Customer if the latter does not pay the price in full in accordance with the above conditions.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in Metropolitan France or in the following zone(s):

Africa, America, Asia, Europe, Oceania, Overseas.

Deliveries are made within :

• 2 to 4 days for France,
• 3 to 10 days for Europe,
• 10 to 30 days for the rest of the world,

to the address indicated by the Customer when ordering on the site.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or when one or more Products are unavailable, all Products ordered will be delivered at once.

The Vendor undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.

If the Products ordered have not been delivered within 20 days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions set out in Articles L216-2, L216-3 and L241-4 of the French Consumer Code.

The sums paid by the Customer will then be returned to him at the latest within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction.

Deliveries are made by an independent carrier, to the address given by the Customer at the time of ordering and to which the carrier has easy access.

When the Customer has chosen a carrier, delivery is deemed to have taken place as soon as the Products ordered have been handed over by the Vendor to the carrier, who has accepted them without reservation.

The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Vendor in the event of non-delivery of the goods transported.

In the event of a special request from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

The customer must check the condition of the products delivered.

He has a period of 7 days from delivery to make claims by mail to contact@babykids.frand all supporting documents (including photos).

Once this period has elapsed, and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Vendor.

The Vendor will reimburse or replace, as soon as possible and at its own expense, any Products delivered which the Customer has duly proved to be lacking in conformity or to have apparent or hidden defects, in accordance with the conditions set out in Articles L217-4 et seq. of the French Consumer Code and those set out in these GTC.

The transfer of the risks of loss and deterioration relating thereto will only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except when the Customer has chosen the carrier. In this case, the risks are transferred at the time the goods are handed over to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Vendor to the Customer will take place upon acceptance of the order by the Vendor, materialising the agreement of the parties on the item and on the price, and this regardless of the date of payment and delivery.

ARTICLE 7 - Right of withdrawal

According to article L221-18 of the French Consumer Code: "The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded at a distance, following canvassing by telephone or off-premises, without having to give reasons for his decision or bear costs other than those provided for in articles L. 221-23 to L. 221-25.

The period referred to in the first paragraph runs from the day :

1. On conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;
2. On receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.

In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good."

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site, or by any other unambiguous statement expressing the wish to withdraw, and in particular by post addressed to the Vendor at the postal or e-mail address indicated in ARTICLE 1 of the GCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be sold as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete products cannot be returned.

The customer is responsible for return shipping costs.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Vendor of the Products returned by the Customer under the conditions set out in this article.

ARTICLE 8 - Seller's liability - Warranties

Products supplied by the Vendor are covered by the following warranties:

1️⃣ Legal warranty of conformity

• In compliance with articles L217-4 to L217-16 of the French Consumer Code.

• Covers any defect existing at the time of delivery or any non-conformity under normal use.

• Duration: 2 years from delivery for new products; 12 months for used or reconditioned products.

• For used or reconditioned products, any defect noted within the first 12 months is presumed to have existed at the time of delivery, unless proven otherwise.

2️⃣ Legal warranty against hidden defects

• Complies with articles 1641 and 1648 of the French Civil Code.

• Covers any hidden defect that renders the product unfit for use or significantly reduces its usefulness.

• Duration: 2 years from the discovery of the defect.

• This warranty is cumulative with the conformity warranty.

3️⃣ Commercial warranty specific to reconditioned products

• Limited to 6 months from receipt by the Customer.

• Covers only defects due to reconditioning or faulty repair.

• Exclusions: accidental damage, misuse, negligence, normal wear and tear, unauthorized modifications.

• In the event of a covered defect, the Vendor will, at its discretion, replace, repair or reimburse the Product.

• Visit the commercial warranty is offered in addition to the legal warranty of conformity and does not replace it.

Methods of implementation

• The Customer must inform the Vendor in writing (e-mail or letter) as soon as the defect is detected.

• Shipping and return costs are reimbursed upon presentation of receipts.

• Refunds, replacements or repairs will be made as soon as possible and, for the commercial warranty, at the latest within 14 days of the defect being detected.

Limitation of liability
The Seller shall not be liable for any damages resulting from :

• failure to comply with the laws of the country of delivery,

• misuse, professional use, negligence or lack of maintenance,

• normal wear and tear, accident or force majeure.

The Vendor's warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are defective.

9.1 Collection of personal data

Personal data collected on the site https://www.babykids.fr/en/ are as follows:

• Account opening : When creating a customer/user account: surname, first name, postal address, telephone number and e-mail address.
• Payment : When paying for Products offered on the site, the site records financial data relating to the customer's bank account or credit card.

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 sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are) :

• Transport service providers

9.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the customer expressly agrees, personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Vendor will keep the data thus collected for a period of 5 years, covering the period of prescription 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 over the Internet.

9.7 Implementing customer and user rights

In application of the regulations applicable to personal data, Customers and users of the site https://www.babykids.fr/en/ have the following rights:

• They can update or delete their data from their customer account.
• They may delete their account by writing to the e-mail address indicated in article 9.3 "Data controller".
• They may exercise their right of access to their personal data by writing to the address indicated in article 9.3 "Data controller".
• If the data held by the Vendor is inaccurate, they may request that it be updated by writing to the address given in article 9.3.
• They may request the deletion of their personal data in accordance with applicable data protection laws.
• They may request the portability of data held by the Seller to another service provider.
• They may object to the processing of their data by the Vendor.

These rights may be exercised by sending a request by post or e-mail to the Data Controller whose contact details are given above.

The data controller must respond within a maximum of one month. Reasons must be given for any refusal.

Customers are informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

Customers may be asked to tick a box if they wish to receive informative and advertising e-mails from the Vendor. They may withdraw their consent at any time by contacting the Vendor or by following the unsubscribe link.

ARTICLE 10 - Intellectual property

Site content https://www.babykids.fr/en/ is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - Applicable law - Language

These General Terms and Conditions of Sale and the transactions arising from them are governed by and subject to French law.

These terms and conditions are written in French. Should they be translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact customer service at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTCS.

In the event of a dispute, the Parties will endeavour to reach an amicable settlement.

If no amicable settlement is reached within fifteen (15) days, SARL Baby Kids and the Customer will refer the matter to the competent courts of Troyes, to which they grant jurisdiction.

The customer is also informed that he may use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising out of or in connection with the purchase or sale of goods pursuant to these GTCS, which are not settled amicably by the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://www.babykids.fr/en/the right of withdrawal is reserved, except for exclusions or limitations to the exercise of the right of withdrawal in accordance with the applicable General Terms and Conditions of Sale.

To the attention of SARL Baby Kids
4, Rue Paul Bauduret
10120 St André les Vergers
France

I hereby give notice of withdrawal from the contract for the following item:

• Ordered on (indicate date) : ____________________________
• Order number : _____________________________________
• Customer name : ____________________________________________
• Customer address : _________________________________________

Customer's signature (only if this form is submitted on paper) : _________________________

By mail to contact@babykids.fr