TERMS & CONDITIONS
Last update 09/2019
Article 1: object
These conditions govern the sales of the SAS BAB-TOU (simplified joint-stock company), 3 rue du jour, 75001 PARIS - FRANCE, specialized in the sale of fashion products and accessories.
Article 2 - Price
The prices of our products are indicated in euros all taxes included (VAT and other taxes applicable on the date of the order), unless otherwise indicated and excluding processing and shipping costs. In case of order to a country other than metropolitan France you are the importer of the product concerned. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of BAB-TOU. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the authorities and competent bodies of your country. We advise you to inquire about these aspects with your local authorities. All orders regardless of their origin are payable in euros. BAB-TOU reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the tariff in force at the time of the validation of the order and subject to availability. The products remain the property of BAB-TOU until full payment of the price. Warning: as soon as you physically take possession of the products ordered, the risk of loss or damage to the products is transferred to you.
Article 3 - Validation of your order
Any order appearing on the Internet site supposes the adhesion to the present general conditions. Any confirmation of order implies your full and complete adhesion to the present general conditions of sale, without exception or reserve. All data provided and the recorded confirmation will be worth proof of the transaction. You declare to have perfect knowledge. The order confirmation will be worth signing and acceptance of the operations carried out. A summary of your order information and these terms and conditions will be sent to you in PDF format via the email address of your order confirmation.
Article 4 - Payment
The payment of your purchases is made by bank card with the secure system STRIPE or with the help of your application PAYPAL.
Article 5 - Retraction
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from receipt of your products to exercise your right of withdrawal without having to justify reasons or to pay penalty. Returns are to be made in their original condition and complete (packaging, accessories, instructions). In this context, your responsibility is engaged. Any damage to the product on this occasion may be such as to defeat the right of withdrawal. The return costs are your responsibility. In case of exercising the right of withdrawal, BAB-TOU will refund the sums paid, within 14 days of notification of your request and via the same means of payment as used in the order.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.121-21-8 of the Consumer Code, the right of withdrawal does not apply to:
The provision of services fully performed before the end of the withdrawal period and the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal. The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period. The supply of goods made to the consumer’s specifications or clearly personalized. The supply of goods that may deteriorate or expire quickly. The supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection. The supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles.
Article 6 - Availability
Our products are proposed as long as they are visible on the website and within the limits of available stocks. For non-stocked products, our offers are valid subject to availability at our suppliers. In case of unavailability of product after placing your order, we will notify you by email. Your order will be automatically canceled and the payment refunded.
Article 7 - Delivery
The products are delivered to the delivery address indicated during the order process, within the time indicated on the order confirmation page. In case of delay of shipment, an e-mail will be sent to you to inform you of a possible consequence on the delivery time which has been indicated to you. In accordance with the legal provisions, in case of late delivery, you have the possibility to cancel the order under the terms and conditions defined in Article L 138-2 of the Consumer Code. If in the meantime you receive the product we will proceed to its refund and shipping costs under the conditions of Article L 138-3 of the Consumer Code. In case of deliveries by a carrier, BAB-TOU can not be held responsible for late delivery due exclusively to unavailability of the customer after several proposals for appointments.
Article 8 - Guarantee
All our products benefit from the legal guarantee of conformity and the guarantee of hidden defects, provided for by articles 1641 and following of the Civil Code. In case of non-compliance of a product sold, it may be returned, exchanged or refunded. All complaints, requests for exchange or refund must be made by mail or post within 30 days of delivery. Products must be returned to us in the condition in which you received them. The shipping costs will be refunded on the basis of the invoiced rate and the return costs will be refunded upon presentation of receipts. The provisions of this Article do not prevent you from benefiting from the right of withdrawal provided for in Article 6.
Article 9 - Liability
The proposed products comply with the French legislation in force. The responsibility of BAB-TOU can not be engaged in case of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you intend to order. Moreover, BABTOU can not be held responsible for damages resulting from misuse of the purchased product. Finally, BAB-TOU can not be held liable for any inconvenience or damage arising from the use of the Internet, including a break in service, external intrusion or the presence of computer viruses.
Article 10 - Applicable law in case of disputes
The language of this contract is French. These conditions of sale are subject to French law. In case of dispute, the French courts will be the only competent.
Article 11 - Intellectual property
All elements of the site www.bab-tou.fr are and remain the exclusive intellectual property of BAB-TOU - Naji KASSEM. No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound.
Article 12 - Personal data
BAB-TOU reserves the right to collect personal information and personal data about you. They are necessary to manage your order, as well as to improve the services and information we send you. They can also be forwarded to companies that contribute to these relationships, such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory requirements. In accordance with the law of January 6, 1978, you have a right of access, rectification and opposition to personal information and personal data about you, directly on the website.
Article 13 - Archiving proof
BAB-TOU will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized records of BAB-TOU will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties.
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