General Terms and Conditions of Sale


Subject:

The present conditions aim to define the terms of sale between BabyCust and the customer, from the order to the payment and delivery. The order implies the irrevocable acceptance of the general conditions of sale of the babycust.com website.
As the general conditions may be subject to change, the applicable conditions are those in force on the babycust.com website on the date the order is placed by the customer. The parties agree that the contract is subject to French law.
BabyCust reserves the right to modify at any time the present general conditions of sale.

I. Prices and products:

1. Prices:
BabyCust reserves the right to modify its prices at any time by publishing them online. Only the current prices indicated will apply at the time of the order, subject to availability of the products at that time.
Prices are quoted in euros (including all taxes) and do not include delivery costs, which are charged extra. The delivery costs are indicated before the order is validated by the customer.
The total amount of the order (including all taxes) and delivery costs is indicated before final validation of the order form.
Payment of the full price must be made at the time of ordering.

2. Products:
In accordance with Article L. 111-1 of the French Consumer Code, the customer may, prior to placing an order, take note, on the babycust.com website, of the essential characteristics of the product(s) he wishes to order.
The customer selects one or more products from the different categories offered on the website.
The customer selects one or more products from the different categories offered on the website.
These characteristics are shown in support of the photograph illustrating the product. The photos illustrating the products are not part of the contract. The customer acknowledges that the photograph of the product on the website is indicative only. Alterations may occur as a result of the processing of the photo.
BabyCust undertakes to honour the customer’s order within the limits of available stocks of products only. If not, BabyCust will inform the Client.
In accordance with the legal provisions concerning conformity and hidden defects, BabyCust will reimburse or exchange defective products or those that do not correspond to the order. Refunds can be requested in the following way: the customer must return the item at his own expense and the refund will be made upon receipt of the item.

II. Order:

To order the customer must follow the following steps:
– Go to a product, and select the desired features.
– Add product to cart.
– Once the product has been added to the basket, the customer can choose to continue shopping or go directly to the basket.
– If the customer chooses to go to the shopping cart, they can then click on the shopping cart icon. If the basket is suitable, he/she can then access the order validation page by clicking on “Validate the order”.
– Once on the order validation page, the customer will have to fill in all the information necessary for the delivery of the product(s). He/she will also have to choose a means of delivery from among the proposed means.
– The customer will be able to log in to their account if they have one, create an account or order without creating an account.
– The customer will have expressly accepted the general sales conditions.
– The customer must pay directly from the site via the secure payment methods offered.
– The customer will receive a confirmation e-mail with the summary of his order.
– BabyCust s’engage à livrer la commande dans les plus brefs délais- BabyCust undertakes to deliver the order as soon as possible..

III. Payment:

Full payment of the order must be made when ordering online by the customer. All orders are payable in Euros. To pay for his order, the customer has the following payment methods: credit card, PayPal.

1. Payment by credit card:
Payment by credit card is a simple, fast and secure way to buy online.
We guarantee the customer maximum security through our payment provider.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing his bank details at the time of the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately cancelled by operation of law and the order cancelled.

2. Payment by PayPal :
After choosing this payment method, the customer will be redirected to the PayPal website. The customer will have to insert his identifiers and proceed to the payment.

With PayPal, the customer’s financial information is never disclosed. Indeed, PayPal encrypts and protects the credit card number. Pay online by simply entering your email address and password. PayPal allows customers to pay online without disclosing their financial information during the transaction.

IV. Delivery:

The products are delivered to the address indicated by the customer on the online order form.
The delivery time is the time indicated at the time of ordering. It does not include the preparation time of the order.

In the event of an error in the recipient’s details or incomplete information, the seller cannot be held responsible for the impossibility of delivering the product.

In case of return of the goods for incomplete address, or prolonged absence not reported, the buyer will be offered 2 alternatives:
– the return of the goods after payment of the return costs,
– the refund of the order after deduction of the delivery costs.

BabyCust offers the following types of delivery:
– Home delivery
– Drop off at a relay point

The cost of each delivery method is clearly indicated during the checkout process.
BabyCust makes every effort to ship your order as quickly as possible.

If at the time of delivery the original packaging is damaged, torn or open, the customer must check the condition of the products. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery note.
The verification of the products is considered to have been carried out as soon as the customer, or a person authorised by him, has signed the delivery note.
If the customer does not have the possibility of refusing the parcel on delivery (e.g. by depositing it in a letterbox), he/she must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two working days following the date of delivery setting out the said complaints.
The customer must, if necessary, inform the seller of his reservations in the following manner:

By e-mail, Monday to Friday from 2pm to 6pm, to the following address, contact@babycust.com

Any reservation not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the seller from all liability towards the customer.

Orders can be tracked on the Colissimo or Mondial Relay website (depending on the service chosen), and are generally delivered within a maximum of 8 days for Metropolitan France, and a minimum of 15 days for exports, excluding customs clearance time.

Any delay of more than 15 days must be reported to customer service in order to launch an investigation in time.

BabyCust cannot be held responsible for delays, damage, loss or theft of packages by the transport company in charge of your package. The customer should contact the service responsible for the delivery of your package.

V. Right of withdrawal:

In accordance with the provisions of article L.121-21 of the French Consumer Code, you have a 14-day withdrawal period from the date of receipt of your products to exercise your right of withdrawal without having to justify your reasons or pay a penalty.
The customer can exercise his right of withdrawal by contacting customer service by e-mailat the following address: : contact@babycust.com
After having communicated his decision to withdraw, the customer has 14 days to return or restitute the goods..

The product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging.
The buyer is responsible for the costs of returning the goods. However, in the event of an exchange, the costs incurred for a new shipment will be charged to the customer.
Any damage to the product may defeat the right of withdrawal. Items must be returned as soon as possible.

Certain products, due to their intrinsic quality, may not be subject to the right of withdrawal and may not be reimbursed, in particular but not exclusively, the products referred to in Article L. 121-21-8 of the French Consumer Code, namely

  • any custom-made or personalised product;

  • any product which by its nature cannot be returned;

  • any press product…

VI. Legal Guarantees:

The products offered on our website benefit from the legal guarantee of conformity stipulated in articles L.211-4 and following of the Consumer Code and the guarantee against hidden defects stipulated in articles 1641 and following of the Civil Code, allowing the customer to return defective or non-compliant products.

1. Legal guarantee of product conformity
Article L.211-4 of the Consumer Code requires the seller “to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions
or of the installation when the latter has been charged to him under the contract or has been carried out under his responsibility”.
To be compliant, the property must:
– Be fit for the purpose ordinarily expected of similar goods and, where appropriate:
– Correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
– Have the qualities that a buyer may legitimately expect in view of the public statements made by the seller,
– Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter (Article L.211-5 of the Consumer Code).
In accordance with Article L.211-10 of the Consumer Code, the sale cannot be cancelled if the lack of conformity is minor.
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods (Article L211-12 of the Consumer Code).

2. Legal guarantee of defects
The customer, if he/she makes use of the guarantee of defects provided for in articles 1641 and following of the Civil Code, will be able to choose between the resolution of the sale or a reduction of the price, in accordance with article 1644 of the Civil Code.

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