Terms of sale

TERMS OF SALES

 

Article 1 - Field of application

These General Conditions of Sale (“GTC”) apply to all orders placed on the website www.sonnyangel-france.com (the "site") on the purchase of products presented on the site ("products") by the company BABY WATCH, Limited liability company whose headquarters are 41, rue Gaultier Courbevoie (92400), recorded at the RCS de Nanterre under number 393 027 925 (N ° TVA intra-community FR93393027925).

Subject to any contrary provision of the law, the GTC applicable to relations established between BABY WATCH And the Customer are those in force on the day of the validation of the order. They apply to the exclusion of all other conditions. BABY WATCHDo not carry out any telephone canvassing, the provisions of the consumer code relating to home canvassing are therefore inapplicable to orders under the CGV.


Article 2 - Orders


Orders are carried out exclusively on the site. Connection and Internet access costs are the responsibility of the customer. Any order is validated by the Customer by means of a "double click", which constitutes an irrevocable acceptance which can only be called into question within the limits provided in the GTC. Any order implies a prior knowledge and unreserved acceptance of the GTC.

At the end of the law, the so -called “double click” process, associated with the authentication and non -repudiation procedure, as well as the protection of the integrity of messages, constitutes an electronic signature, which has value between parties in the same way as a handwritten signature. Unless proven otherwise, the data recorded by BABY WATCH constitute proof of all transactions between BABY WATCH and its customers.

A confirmation of the order validated by the Customer will be sent to him by email prior to the shipment of the order, and will make the final sale subject to the faculty of exercise of the right of withdrawal. The CGV version applicable to a given order can be kept by the Customer by computer recording or printing on paper.


Article 3 - Availability

Product offers and prices are valid as long as they are visible on the site, within the limits of available stocks, excluding promotional operations indicated as such on the site. Sales are concluded subject to the effective availability of products.

In the event that a ordered product is unavailable, for reasons independent of the will to BABY WATCH, the customer will be informed by email. The order will be automatically canceled and no bank flow will be made. BABY WATCH reserves the right to offer the customer a replacement product, of quality and an equivalent price.

Moreover, BABY WATCH being a retailer who does not hold any significant permanent stock, BABY WATCH reserves the right to refuse orders for the same product in large quantities and this from 2 identical items. BABY WATCH also reserves the right to refuse any order from a Customer who would not have paid a previous order (excluding cases of withdrawal provided for by law).


Article 4 - Price and payment terms

4.1 BABY WATCH Reserves the right to modify its prices at any time but the products will be invoiced on the basis of the prices in force at the time of the validation of the order by the Customer.
The prices of the products are indicated in euros all taxes included (including VAT at the rate in force), excluding participation in processing and shipping costs which are subject to a separate section at the time of the order, depending on the characteristics of the order. These costs are brought to the attention of the customer before the validation stage of the order.
The price of the products shipped outside the EEC and DOM-TOM will be calculated excluding taxes on the invoice. In this case, the customer is considered to be the importer of the products. In the event of due customs duties, import taxes or other, applicable because of the geographic destination of the products, these costs incumbent up on the customer, to whom it is recommended to carry out the verifications and the necessary procedures prior to validation of his order.
The products remain the property of BABY WATCH Until complete payment of the price.

4.2 Orders settlement is carried out:
- either by bank cards (visa, mastercard, other credit card)
- either by phone
- either by paypal

- either by bank transfer

Article 5 - Delivery

The delivery times indicated are in working days. When only one order concerns several products and these have different delivery dates, the date of delivery of the order to be taken into account is that being mentioned as the most distant, subject to the possibility, for BABY WATCH, to split expeditions. In this case, participation in processing and shipping costs will only be billed for one shipment. The products are delivered to the delivery address indicated by the customer at the time and as part of his order. Unless otherwise indicated on the site, delivery of products only intervene in mainland France. No delivery will be made in hotels or postal boxes.

In the event of ship late, an information email will be sent to the Customer and a new date will be offered. If the delay in delivery was to exceed 7 days for causes other than force majeure, the customer will benefit from the possibility of canceling his order by sending a registered letter with acknowledgment of receipt to customer service of customer service BABY WATCH, to the address of its registered office within 60 working days from the date of delivery initially provided. The sums paid by the customer for the order and shipping costs will be reimbursed. If the product was received after the date of receipt of the cancellation by BABY WATCH, the return costs will remain the responsibility of the customer, and the return of the products will only be accepted subject to a perfect condition of products, in their original packaging.
Any reserve on the condition of the products (e.g. open or damaged package) must be notified immediately at the time of delivery to the carrier.

Article 6 - Withdrawal

Pursuant to articles L.121-20 and following of the Consumer Code, the Customer has a period of 30 working days from the delivery date of the order to return any product, in its original packaging and In perfect condition (allowing a revival), to request its exchange or reimbursement without penalty, with the exception of return costs, which remain the responsibility of the customer. The Customer must attach a copy of the invoice or any other element to identify the order in question, and its holder. During the first 15 days of this period, reimbursement or exchange are possible, during the last 15 days of this period, the reimbursement of the product is made to have usable on www.sonnyangel-france.com

Only the customer identified as such with Babywatch can exercise this right, excluding any other person, and in particular the recipient of delivery.
The return address is BABY WATCH 41, rue Gaultier 92400 Courbevoie.

Article 7 - Compliance

Photos are for illustrative purposes. The customer is invited to refer to the description of each product to know the precise characteristics. If in doubt, or to obtain additional information, it is possible to contact customer service: on babywatch@wanadoo.fr
BABY WATCH agrees to reimburse the customer or to exchange apparently defective, damaged or damaged or that do not correspond to the order.
In this case, the customer must report in writing of the situation in detail, and return the product (s).
Return costs will be reimbursed upon presentation of supporting documents.
In any event, the Customer benefits from legal guarantees of compliance and hidden defects, in accordance with the legal provisions in force:
Reminder of articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code:

"Article L.211-4 of the Consumer Code: the seller is required to deliver good to the contract and responds to existing compliance defects during delivery. It also responds to defects of conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility. "

"Article L.211-5 of the Consumer Code: to comply with the contract, the property must:
1- Be specific to the usually expected use of a similar property and, if applicable:
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2- or present the characteristics defined by mutual agreement by the parties or be specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. »»
"Article L.211-12: The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. »»
"Article 1641 of the Civil Code: the seller is held from the guarantee due to the hidden defects of the thing sold which makes it unfit for the use to which it is destined, or which decreases this use so much, that the buyer does not would not have acquired, or would have given only a lower price, if he had known them. »»
«Article 1648 of the Civil Code, first paragraph: the action resulting from the crisp vices must be brought by the buyer within two years from the discovery of the vice. »»

Article 8 - Intellectual and industrial property

All illustrations, images, characters, presentation modes, graphics, characters of the site are and remain the exclusive property of BABY WATCH or holders of said rights having granted a right of exploitation to BABY WATCH. Any reproduction, representation or use of said rights by a customer will constitute a fault giving rise to legal proceedings.

Article 9 - Data Protection, Personal Data

The customer information and data is strictly necessary for order management, execution and monitoring of commercial relations, as well as for internal statistical purposes.
The database thus constituted has been declared to the CNIL under n ° 1391800
These data can be transmitted to the companies which participate in these relationships (such as those responsible for the execution of services and orders) for their management, execution, processing and payment. This data is also kept in order to pursue security, improvement and personalization of services.
The Customer has the right to access, rectify and oppose personal data concerning him at any time. This right is exercised by e-mail on contact@montrespourenfants.fr or by mail- Baby Watch- 41 rue Gaultier - 92400 Courbevoie.
The customer is likely to receive, from BABY WATCH, offers on products or services similar to those who have already been the subject of an order, or newsletters. At any time, he will have the ability to oppose it free of charge for the future, according to terms specified with each shipment.

Article 10 - Applicable law, disputes

The contract formed by the acceptance of these GTCs is subject to French law.
The language of this contract is French.
In the event of a dispute, the French courts will have sole competent.