GENERAL SALES CONDITIONS
Article 1 : General
• The sending of the order by the customer, of a product presented in the electronic catalogue of BAYA SAS, implies its acceptance without reservation to these general conditions of sale, which prevail over any clauses added by the customer, and govern the contractual relations between the two parties.
• The baya-france.com website is published by BAYA SAS, a company with a share capital of 19,500 euros and whose registered office is located at 93 rue nollet 75017 Paris. BAYA is a registered trademark at INSEE
• The site host is OVH, 2 rue Kellermann - 59100 Roubaix - France. The Director of the publication of this website www.baya-france.com is Hortense Bourgois. All orders placed on the site are subject to these general terms and conditions of sale. BAYA SAS reserves the right to adapt or modify these terms and conditions at any time, the version of the general terms and conditions applicable to any transaction being the one appearing online on the www.baya-france.com website at the time of the order.
Article 2 : Orders
• The generating event of the order is materialized by the "validation click" which has the value of a signature. The information provided by the buyer is binding on him/her. In the event of an error in the information concerning the recipient, BAYA SAS cannot be held liable for the impossibility of delivering the product. BAYA SAS confirms the acceptance of its order to the customer by e-mail to the e-mail address provided by the customer. The sale is concluded as from this acceptance.
• BAYA SAS undertakes to honour orders placed by Internet or received by post (cheque) under the terms of these general terms and conditions of sale within the limits of available stocks and within the limit of the duration of each sale.
• By validating the order, the customer declares that he/she has read and accepted these general terms and conditions of sale.
• In the event of a possible stock shortage which would lead to a delay in the delivery of the order, BAYA cannot be held responsible.
• In the event of a possible stock shortage, we will inform you of the delivery times necessary to obtain the desired product. You will have the possibility to modify or cancel your order. In the event of a cancellation due to temporary or permanent unavailability of the products, we undertake to refund you as soon as possible.
• BAYA SAS reserves the right not to place an order for any reason whatsoever, in particular due to a problem with the supply of products, a problem with the order received or a foreseeable problem with the delivery to be made. The Customer will be reversed of this non-recording of the order.
• BAYA SAS reserves the right to cancel all orders, non-compliant or doubtful, as well as those from a customer with whom there is any dispute.
• Any delays do not entitle the buyer to cancel the sale, refuse the goods or claim damages.
Article 3 : Products
• The items we sell are described and presented with the greatest accuracy. If, despite all our precautions, errors may have occurred, we could under no circumstances be held liable for them. The information mentioned on each product sheet, as well as their photo, are given for information purposes only. The colours of the photos may vary from one screen to another, so BAYA SAS is not responsible and will not be held liable for any costs incurred due to a slight variation in the colour of the products.
Article 4 : Shipping costs
• Our prices are indicated in Euros including VAT. The transport of items ordered and delivered in France is at the customer's expense and is included in the customer's final basket.
• The price guaranteed to the buyer is the one appearing on the product sheet on the date of acceptance of the order by BAYA SAS..
BAYA SAS reserves the right to modify its selling prices at any time. Customers absent at the time of delivery will have a period of 15 days to collect the package at their post office, any package not claimed by the customer within this period will be returned to us by the postal services. The customer will then have to pay the shipping costs if he wishes to recover his products.
Article 5 : Payment
The payment of the articles ordered on the BAYA SAS website and their shipping costs will be made in Euros by the following means:
- By check:
Payment can be made by cheque payable to BAYA SAS at the following address: 93 rue Nollet 75017 Paris. The order is only considered effective when the cheque has been received and cashed.
- By credit card:
Payment is made online by credit card CB, VISA, or MASTERCARD. We use two payment systems: Stripe and Paypal. No banking information is communicated to BAYA SAS and is not accessible by a third party. The order will be considered effective after agreement of the bank payment centres and sending the customer a confirmation e-mail by BAYA SAS. In case of refusal, the order will be automatically cancelled and the customer notified by e-mail, mail or telephone. BAYA SAS reserves the right to refuse any order from a customer with whom there is a dispute.
• Unless otherwise indicated, prices are inclusive of VAT and are indicated in euros.
• The products are subject to French VAT.
• The prices displayed are net, include the price of the products, handling, packaging and storage costs of the products, and do not include the contribution to the shipping and delivery costs.
• These shipping costs may vary depending on the place of delivery.
• The use of a gift card cannot be combined with any other promotional offer.
Article 6 : Guarantees
• Return shipping costs are the responsibility of the customer. Any return of product called upon to benefit from the guarantee must first be accepted by BAYA SAS. To this end, the customer will send by post or e-mail (with photograph) a detailed description of the defect to BAYA SAS customer service. If the product is found to be defective, BAYA SAS will provide the customer with a product return number.
• The products must be returned properly protected, in their original packaging, to the address indicated, accompanied by the original sales invoice, a copy of which will be kept by the buyer. On the packaging, next to the address of the recipient, must appear in clearly legible characters, the return number that we will have indicated to you. Any product arriving without a return number will be refused. The costs and risks related to the return of the product are the responsibility of the customer. This provision shall not prevent the legal guarantee for hidden defects defined in Articles S1641 et seq. of the Civil Code, when the product is sold to a consumer or non-professional. Our advice: remember to check the conformity and condition of the product at the time of delivery.
Article 7 : Delivery
• After validation of the order by BAYA SAS, the customer will be delivered by Colissimo or Mondial Relay. The average delivery time is 4 working days for Colissimo, 4 to 10 working days for Mondial Relay within the limit of the stock available from the day of receipt of payment. Exceeding this deadline may not result in any cancellation of the order or compensation.
• Each delivery is deemed to have been made as soon as the carrier makes the product available to the customer (act materialized by the carrier's own control system). It is the recipient's responsibility to check the shipments on arrival and to make any reservations and complaints that may appear justified.
• IMPORTANT: Customers absent at the time of delivery will have a period of 15 days to collect the package at their post office, any package not claimed by the customer within this period will be returned to us by the postal services. The customer will then have to pay the shipping costs again if he wishes to recover his products.
• Any error made by the customer in the delivery address during his order or incomplete address (Building, letter box number, etc...) and which would result in the impossibility of delivering the package will then have to pay the shipping costs again if he wishes to recover his products.
• IMPORTANT (Decree No. 99-269 of 6 April 99 - art. 7):
The carrier is responsible for loading and unloading the shipment from the time it is taken over until it is delivered, i.e. for private individuals: at the doorstep of the house. He is not required to deposit the goods either on the floors or inside the house. It is your responsibility to check the condition and completeness of the products delivered before the carrier, to refuse them in case of dispute or to mention on the slip the missing items; otherwise no claim can be taken into consideration.
• Delivery at a Relay Point: CAUTION!!!!! The customer has only a maximum of 7 days to recover his package at the relay point. After this time the package will be returned to our warehouses, the forwarding of your order will then be invoiced to you.
• Due to the current situation, the preparation and shipping time of your order may be extended. We do our utmost to deliver each order as quickly as possible.
Article 8 : Returns/Exchanges Policy Cancellation & Rights
• Customers are able to return or exchange their order within 15 days from delivery date. Items returned or exchanged must be new, unused and unworn and in their original packaging.
• If you would like to return a product or make an exchange please email us at firstname.lastname@example.org.
• The postage and handling of your return is your responsibility. Please ensure that you obtain proof of postage when sending your parcel back as we cannot be held responsible for any orders that do not arrive back to us.
• Returned or exchanged items must be returned in their original condition with original invoice, pouch, packaging, documentation and garment tag (if any). Items that have been used cannot be returned. Any items that have clearly been used will be not refunded even if they are returned to us.
Article 9 : Retention of title
• BAYA SAS retains full and complete ownership of the products sold, until full payment of the price, principal, fees and taxes included. Payment can only be considered as made when BAYA SAS actually receives the price. The risks are transferred to the customer as soon as the products are handed over to the carrier. The customer undertakes to take all necessary care of the custody and conservation of the products and to take out all insurance "on whose behalf it will be held" in accordance with Article L112.12 of the Insurance Code in order to cover any damage and claims that may be caused to and by the products. The customer is prohibited from reselling, renting or giving as a guarantee, part of the products before full payment of the sums due to BAYA SAS.
Article 10 : Disputes
• This contract is subject to French law. BAYA SAS cannot be held liable for any damage of any kind, whether material or immaterial or physical, which could result from a malfunction or misuse of the products marketed. BAYA SAS's liability shall, in any event, be limited to the amount of the order and may not be held liable for simple errors or omissions that may have remained despite all the precautions taken in the presentation of the products.
• In the event of difficulties in the application of this contract, the buyer will have the possibility, before any legal action, to seek an amicable solution, in particular with the help of a professional association in the sector, a consumer association, or any other counsel of his choice.
• It is recalled that, as a general rule and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual guarantee presupposes that the buyer honours his financial commitments to the seller, that he uses the equipment in a normal way, and that no third party not approved by the seller or the manufacturer intervenes for the repair on the equipment, (except in cases of force majeure).
• In the event of a dispute, the customer will first contact the company to obtain an amicable solution. Failing this, the Paris Commercial Court shall have sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Article 11 : Colors
We have made every effort to display the colours of our products as accurately as possible online. However, the color you see will depend on your computer, we cannot guarantee that your computer displays the exact color.
Article 12 : Links
• The site may include links to other websites or other Internet sources. To the extent that BAYA cannot control these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot assume any responsibility for the content, advertising, products, services or any other material available on or from these external sites or sources.
• In addition, BAYA shall not be liable for any proven or alleged damage or loss resulting from or in connection with the use or reliance on the content, goods or services available on these external sites or sources.
In accordance with the Data Protection Act of 6 January 1978, you have the right to access and rectify any personal data concerning you. Through us you will never receive proposals from other companies or organizations. To rectify your information or if you do not wish to receive any information, simply write to us indicating your surname, first name, address and last invoice number to the following address: email@example.com
Article 13 : Email and Newsletter
By purchasing on the site baya-france.com and accepting the general terms and conditions of sale, I also agree to receive news and promotions from BAYA. This data will be communicated to SAS BAYA for the purpose of commercial relations and prospecting. In accordance with the French Data Protection Act of 6 January 1978, you can obtain communication, rectification and deletion of your personal data by writing to customer service.