TERMS AND CONDITIONS
NB: Consult also complete terms and conditions in French. This English version is a summary.
The website www.balibaris.com (the « Site ») is published by BALIBARIS SAS, a french société par actions simplifées with share capital of €250.000, having its registered office at 109 boulevard Beaumarchais, 75003 Paris, France, registered with the RCS of Yvelines under the number 527 995 278 RCS, (« BALIBARIS »). These general terms and conditions apply to all orders on the Site.
These terms and conditions are permanently accessible in French and English at the following address: http://www.balibaris.com/content/3-conditions-generales-de-ventes so they can be read or printed at anytime. In case of difference between the two versions, the French version shall prevail.
The products offered for sale are those featured on the Site. Balibaris makes every effort to accurately present and describe the products. It is, however, possible that the Site may contain minor errors, which you recognize and accept. In the event of any non-compliance of the product delivered with its description on the Site, Balibaris agrees to remedy such non-compliance: you may either exercise your right of cancellation, or else implement our warranty of merchantability
2.1. To be a customer of the Site you must be a consumer, of legal age and with full legal capacity
2.2. Customers must, upon placing their first order on the Site, open a customer account and complete an order form containing certain mandatory fields in order for their product order to be processed by Balibaris. The information you give to Balibaris when opening your customer account or upon any order you may place must be complete, accurate and up to date. We may, if applicable, ask you to confirm – by any means – your identity and the information given. Customers can easily modify personal data in their personal account (“My account”).
3.1. Order will be validated after payment. Balibaris will send the customer an email of confirmation.
3.2 We are also entitled to refuse any order made by a customer with whom a dispute exists in connection with the payment of a former order as well as any order that is not compliant with these general terms of sale.
3.3 If the products ordered are no longer available, we will inform you by e-mail as promptly as possible and refund the price paid by you by crediting the credit card.
4.1. The price displayed on the Site are in Euros, VAT included, shipping excluded. The prices invoiced to customers are those applicable on the date of the order.
4.2. Since Balibaris is in the practical impossibility of precisely informing non-EU customers of the exact total amount of the costs in connection with customs duties, formalities, and import taxes applicable in non-EU countries, the prices for non-EU customers are quoted DDU (“delivery duty unpaid”)
5.1. BALIBARIS make delivery in Metropolitaine France (Corsica included) and in Europe.
Approx. waiting times are indicated on the website (“FAQ”, and “Our commitments”). If the customer does not receive its order in time, the customer can contact customer service (email@example.com).
NB : Deliveries will not be made to hotels or PO boxes
5.2. You will be able to monitor your packages using a tracking number that will be e-mailed to you when your order ships out
6.1. All electronic payments are processed by our bank LE CREDIT DU NORD, using SSL technology.
6.2. Customer can pay with the following debit/credit cars : Visa/Carte Bleue/Master Card/American Express. Balibaris does not accept bank cheques.
7. EXChanges and returns, right of cancellation
7.1 Customers have a right of cancellation within a cooling-off period of 7 days.
To simplify the exercise of this right of cancellation, Balibaris asked the customer to contact customer service: firstname.lastname@example.org
Within a period of 15 days, customers can also ask for a full exchange. They are asked to contact the customer service to do so.
7.2 Customers are responsible for the cost and the safe return of the product. We recommand that customers keep proof of the return, implying a return by registered letter or by any means which provides a record of the date of delivery. Returns are to send to:
BALIBARIS, chez AGD Mercatique
Le Grand Pré
Unless the customer has opted for a product exchange, Balibaris will refund the customer for the full price invoiced within 15 days.
8.1 Personal data: Balibaris collects personal data on the Site. Such data is required for processing orders and may be communicated, in whole or in part, to our service providers involved in fulfilling the order. In accordance with Act no. 78-17 of January 6, 1978 on automated data processing, files and civil liberties, you have a right to access, modify, correct, oppose and delete personal data concerning you. You may exercise this right by sending an email to : email@example.com. Balibaris has been declared to the CNIL under number 1464405.
8.2 Statuary warranties: regardless of any specific warranty terms extended to customers with the product delivered, all Balibaris products sold on the Site are subject to the following statutory warranties:
Article L.211-4 of the French Consumer Code: “The vendor is required to deliver a product that complies with the contract and shall be liable for any non-compliances existing upon delivery. The vendor shall also be liable for non-compliances resulting from the packaging, the assembly or installation instructions where the vendor is liable under the contract for assembly/installation or where it was carried out under the vendor’s responsibility.”
Article L.211-5 of the French Consumer Code: “To comply with the contract, the product must: 1. Be fit for the use normally expected of an item of its type and, where appropriate: correspond to the description given by the vendor and have all the qualities presented to the purchaser by the vendor in the form of a sample or model;have the qualities that a purchaser can legitimately expect given the public statements made by the vendor, producer or his representative, in particular in advertising or labeling; or 2. Have the characteristics defined by mutual agreement by the parties or be fit for all special uses sought by the purchaser which the vendor was made aware of and accepted."
Article L.211-12 of the French Consumer Code: “Legal action based on non-compliance is time-barred two years after the delivery of the product.”
Article L.211-13 of the French Consumer Code: “The provisions of this section do not deprive the purchaser of the right to bring an action on account of redhibitory defects as provided for in Articles 1641 through 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which the purchaser is entitled under the law.”
Article 1641 of the Civil Code: “The vendor is subject to the warranty against hidden defects in the sold product rendering it unfit for its intended use, or which so impair such use that the purchaser would not have bought it or would have paid a lower price, had the purchaser been aware of the defect(s)”.
Article 1648 (1) of the Civil Code: “The action based on redhibitory defects must be brought by the purchaser within a period of two years following discovery of the defect.