TERMS AND CONDITIONS
These general conditions of sale are intended to set out the rights and obligations of the company BALIBARIS, the Users of its Site and its Customers on the site www.balibaris.com (hereinafter referred to as "the Site"). They apply exclusively between BALIBARIS, a simplified joint stock company with capital of €365,694.28 registered with the Trade and Companies Register under number 527 995 278, with registered office located at 35 rue de Sèvres, 75006 Paris, France (hereinafter referred to as “BALIBARIS”) and any consumer who is a natural person visiting or making a purchase via the aforementioned Site (hereinafter referred to as “the Customer”).
BALIBARIS allows the Customer to use the Site to order products from the BALIBARIS brand (hereinafter "the Product(s)") online in accordance with these general conditions. Any order placed with BALIBARIS therefore implies the Customer's unconditional acceptance of these conditions. These general conditions may be modified at any time and without notice by BALIBARIS, the prevailing conditions being those in force on the date on which the order is placed by the Customer.
These general conditions of sale are permanently accessible at the following address:
https://www.balibaris.com/en/content/3-terms-conditions in a digital format that allows them to be printed and/or downloaded, so that the Customer may copy or save them.
2. PRODUCTS AND COMPLIANCE
The Products offered for sale are displayed on the BALIBARIS website and accompanied by a product description that is as comprehensive as possible.
The Products sold by BALIBARIS comply with standards applicable in France.
Elements such as photographs, text, graphics as well as all information and specifications used to represent and/or describe the Products are not contractually binding, and the Customer acknowledges the same.
Consequently, BALIBARIS cannot be held in any way responsible in the event of an error or omission in one of these elements or in the event of any modification of said elements by suppliers and/or publishers.
3. OBLIGATIONS OF THE CUSTOMER
Anyone may create a customer account on the "Login > Create account" page (https://www.balibaris.com/fr/authentification)". To create an account, the customer must complete the form in this section of the site.
This account is strictly personal and allows the customer to identify him/herself prior to each order. When creating the customer account, the Customer declares that he/she is at least 18 years old and has the legal authority or parental consent to place an order on the Site. The Customer also undertakes to provide BALIBARIS with all the necessary and accurate information required for the performance of the service covered by these conditions, as requested online and in accordance with their individual circumstances, in particular their full name, address, telephone number and valid e-mail address.
The Customer is liable for any consequences arising from the provision of false or inaccurate information or information that would be unlawful to record.
When creating the account, the customer chooses an email and a personal and confidential password. If the customer suspects that their account has been used fraudulently by a third party, they must notify BALIBARIS as soon as possible in order to change the password and close their customer account.
The Customer can modify his/her information at any time via the "my account" section.
BALIBARIS is able to close an account and delete all personal data associated with this account if a customer expressly requests this by email.
All orders will be confirmed only after payment has been accepted.
BALIBARIS reserves the right to cancel or refuse an order in the event of a dispute with the Customer regarding a previous order.
BALIBARIS is able to accept orders subject to stock availability. It shall inform the Customer of the availability of the Products sold on the Site at the time the order is confirmed.
If, despite the best efforts of BALIBARIS, the Products should be unavailable, BALIBARIS will inform the Customer by e-mail as soon as possible. The Customer may then cancel the order and receive a refund, if applicable, of any sums already paid.
Under no circumstances can BALIBARIS be held liable for any permanent or temporary unavailability, nor can such give rise to any right to compensation or damages in favour of the Customer.
The prices displayed on the Site are given in euros including all French taxes (French VAT and any other applicable taxes), and excluding delivery costs.
Delivery costs will be specified in the Customer's basket, before final confirmation of the order.
Prices may be modified at any time, without notice and in particular in the event of changes in tax or economic information. Items will be billed based on the rates in effect at the time the order is placed.
BALIBARIS delivers its Products to mainland France, including Corsica, to Europe and to countries outside the European Union.
Products are dispatched with the relevant delivery note, and sent to the delivery address provided by the Customer at the time of ordering. Delivery cannot be made to hotels or PO boxes. Delivery times quoted on the site are approximate times, which represent average processing and delivery times, only on business days. In order for these delivery times to be met, the Customer must ensure that he/she has provided accurate and complete information with regard to the delivery address (for example, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delivery delay of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgement of receipt or by email and request that the order be refunded.
If the item is dispatched prior to receipt of the cancellation of the order due to a delivery delay of more than 7 days, BALIBARIS will refund the item and the delivery and return costs, on receipt of the complete item, in its original condition and with all labels still affixed.
BALIBARIS undertakes to inform the Customer of the progress of the processing of his/her order.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and BALIBARIS, by any appropriate means, of any complaints within 10 days of receipt of the product.
Payment must be made in full at the time of ordering. At no time may the sums paid be considered as down payments or deposits. The Customer shall pay for his/her order by bank card (Visa, Eurocard/Mastercard, American Express) in accordance with the provisions of this article or via PayPal, e-gift cards or credit notes.
For each transaction, the Customer must provide the number appearing on the front of the card, the expiry date of the card and the security code appearing on the back of the card (last three digits).
Provision by the Customer of his/her bank card number constitutes authorisation for BALIBARIS to debit his/her account up to the amount of his/her order.
Cash on delivery will not be accepted for any reason whatsoever.
BALIBARIS retains ownership of the item until the Customer has paid in full for the item. Purchases are made securely. BALIBARIS uses 100% secure payment solutions. For payments by credit card (debit or credit card, Visa and e-carte bleue), HiPay is responsible for ensuring the security of payments. All information provided by Customers to BALIBARIS is rigorously protected ensuring the confidentiality and security of each transaction.
8. CREDIT NOTES
8.1. Pay with credit notes on the website
Credit notes can be used to pay on the website: the customer just needs to fill in the credit note code in the "Promotion code" field on the cart page. The customer can use one or several codes as payment on the same order.
Should the amount of the order exceeds the amount of the credit note, the rest is to be paid with another payment solution offered on the website (either credit card or Paypal). Otherwise, the client gets a new code via email corresponding to the rest of the credit note amount to be used on a next purchase on the website. The expiry date of this new code is the same as the original one.
8.2. Get a refund for an order paid with a credit note
A customer who paid an order with a credit note can request a return according to the following process:
- If the whole order was paid with one or several credit notes, Balibaris issues a credit note of the amount of the returned items, if the return is accepted by our warehouse. This credit note has the same expiry date as the original credit note, unless the original credit note is already out of date at the date of the new credit note issuing. In this case, the new credit note is valid for a month after issuing. It can be used on the Balibaris website only.
- If the order was partly paid partly with one or several credit notes and partly with another payment solution :
- If the amount of the returned items is less than the amount paid with the other payment solution, then the customer is to be refunded through that other payment solution.
- If the amount of the returned items exceeds the amount paid with the other payment solution, then the customer is to be refunded in two parts : the total refund of the amount paid by the other payment solution and the issuing of a credit note corresponding to the difference between the amount of the returned items and the amount of the refund. This new credit note has the same expiry date as the original credit note, unless the original credit note is already out of date at the date of the new credit note issuing. In this case, the new credit note is valid for a month after issuing. It can be used on the Balibaris website only.
9. CREDIT NOTES
9.1. Purchase of E-gift card on the website
Our E-gift card are only usable on the website www.balibaris.com for a period of one year, starting on the date of activation.
- If the order was partly paid partly with one or several e-gift cards and partly with another payment solution :
- If the amount of the returned items is less than the amount paid with the other payment solution, then the customer is to be refunded through that other payment solution.
- If the amount of the returned items exceeds the amount paid with the other payment solution, then the customer is to be refunded in two parts : the total refund of the amount paid by the other payment solution and the issuing of a credit note corresponding to the difference between the amount of the returned items and the amount of the refund. This credit note has the same expiry date as the original e-gift card, unless the e-gift card is already out of date at the date of the credit note issuing. In this case, the credit note is valid for a month after issuing. It can be used on the Balibaris website only.
10. RETURNS, RIGHT OF WITHDRAWAL
Returns are free of charge in metropolitan France.
Returns outside of metropolitan France are not free of charge.
You have a period of fifteen (15) days following receipt of your order to inform us of your wish to return part or all of your order.
Should this period expire on a Saturday, Sunday, public holiday or non-working day, this is extended to the next working day.
If the delivery method is click and collect in shops or delivery in pick-up point, the delivery date is the date of the arrival of the product in the shop or in the pick-up point and not the date the client went to get the order.
To return a product, the Customer must first request a return in the "My Orders" section of the BALIBARIS website.
Once the return request has been approved by BALIBARIS, BALIBARIS will then send the customer a prepaid postage label by e-mail so that the shipping costs can be covered by BALIBARIS for all orders in mainland France.
Any return is at the Customer's risk. The Product must be returned within fifteen (15) days in its original packaging, in its original condition, new, unworn, unwashed, and accompanied by the return slip.
If the item is not returned by the Customer within fourteen days of receipt of the postage label, the return is considered void and the Customer must keep the product.
The returned Product will be refunded within a maximum of fourteen (14) days from its receipt by BALIBARIS, by crediting the amount to be refunded to the Customer's bank account.
The costs of return are borne by BALIBARIS for orders placed in mainland France; and by the customer for orders placed from abroad, unless BALIBARIS has delivered a product that is damaged or different from the item ordered.
Should the Customer fail to comply with these conditions, in particular the return conditions, BALIBARIS will not be able to refund the Products in question.
Returns in shop for items purchased on the Site are not possible.
11. GUARANTEES AND LIABILITY
BALIBARIS has only an obligation of means with regard to all stages of access to the site, from the order process to the dispatch of the parcel or subsequent services. BALIBARIS cannot be held liable for any inconvenience or damage arising from the use of the Internet, in particular in the event of a disruption of service, external intrusion, or the presence of computer viruses or any other incident of force majeure, in accordance with legislation and case law.
12. INTELLECTUAL PROPERTY.
Under no circumstances is the Customer authorized to download or modify the Site, in whole or in part, and in particular its content (products listed, descriptions, images, videos, etc.).
No part of this Site may be reproduced, copied, sold or used for commercial purposes without the express written permission of BALIBARIS.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of BALIBARIS.
The Customer is therefore legally obliged to respect all intellectual property rights and may in no way use the trademarks appearing on the Site and where applicable on the Products, or register a trademark that is prejudicial to the rights holder, unless otherwise contractually stipulated.
The same shall apply to any other intellectual property right.
13. PRIVACY & DATA PROTECTION POLICY
In accordance with the European Data Protection Act, BALIBARIS is required to control its Customers' data originating from the balibaris.com Site.
Personal data may be gathered on the Site and used by BALIBARIS which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "GPDR").
BALIBARIS is obliged to ensure the security and confidentiality of its Customers' personal data in accordance with the GDPR. Customers' personal data (surname, first name, postal address, telephone number, email address) may be disclosed to BALIBARIS service providers and partners, should their involvement be necessary in the processing and management of orders. These service providers and partners can only act on instructions from BALIBARIS.
The purposes of the collection of personal data are detailed below:
- Processing of Customer orders (delivery, return, refund)
- Data relating to an order that has been placed will be transmitted to our banking service provider while payment is being made for validation of the payment.
- If the Customer has ticked the box to subscribe to the BALIBARIS Newsletter, he/she expresses his/her consent to receiving the brand's marketing communications.
In accordance with the GDPR, the Customer has a right of access, rectification and opposition to the personal data concerning him/her (hereinafter referred to as the " Data Protection Rights").
In accordance with data protection legislation, the Customer has the right to:
- Request a copy of all information held about him/her.
- Request the correction of his/her personal data.
- Request the total deletion of his/her account and personal data.
To exercise this right the Customer must submit a request by email to: firstname.lastname@example.org, using the contact form or by post to: BALIBARIS, 35 rue de Sèvres, 75006 Paris FRANCE stating his/her surname, first name, e-mail address and customer reference. The customer's request must be signed and accompanied by a photocopy of an identity document.
In accordance with the "Data Protection Rights" law, a response will be provided as soon as possible and at the latest within one month of the request.
Storage of your data
Data is kept for no longer than necessary for the purposes for which it was collected.
Paul Szczerba, CEO, is the decision-making authority at BALIBARIS SAS and can provide you with further information about your rights and obligations in relation to your personal data. He will also be the contact person for managing any request you may have about your personal data.
14. MARKETING AND NEWSLETTERS
BALIBARIS may send its Customers marketing information related to the brand by post, e-mail, text message and/or telephone, subject to prior consent.
The Customer may at any time object to these marketing communications by clicking on the "unsubscribe" link at the end of the marketing emails, by sending a request by e-mail to email@example.com, by post, or by replying STOP by text message (within 3 days of receipt of a Balibaris text message campaign).
The "COOKIE" section aims to define the term "COOKIE", its use by BALIBARIS and the means enabling visitors to the Site to manage these Cookies.
A "COOKIE" is an alphanumeric file used by most Internet sites to improve user experience and facilitate browsing on the Site. This "COOKIE" file is deposited on the user's device (computer, mobile, tablet) by in this case the BALIBARIS site server. The COOKIE sent by the BALIBARIS server is designed to remember the user either during their current visit: “session cookie” or during future visits “persistent cookie”, for the duration of its validity.
Each "COOKIE" contains anonymous data and information such as a unique identifier, the name of the site and other characters and numbers. Each "COOKIE" is unique to the user's browser and allows, among other things, automatic access to personalized pages without identifying yourself, or saving items in your basket.
For your information, COOKIES are not programs, so they cannot contain viruses or malware.
BALIBARIS issues several types of "COOKIES" with different purposes:
- "COOKIES" relating to the functionality of the Site:
These are "COOKIES" that allow a user to browse the Site and use its features. These "COOKIES" allow the user to store their login information, save their basket or even use the wishlist feature.
- Analysis “COOKIES”:
These are "COOKIES" used to collect anonymous information to measure the Site's traffic and establish statistics on visits to and use of the various parts of the Site (number of visitors, number of sessions, time spent on the Site, pages viewed, abandoned baskets, etc.).
BALIBARIS is aiming here to analyse the overall customer experience and to make every possible improvement to best meet user expectations.
We use Google Analytics "COOKIES" to analyze Site performance and traffic based on the data collected.
- "COOKIES" relating to customer preferences:
These are "COOKIES" that allow us to remember choices made by Customers on the Site, such as the language selected, their geographical location, and the type of device used.
- Advertising “COOKIES” or targeting “COOKIES”:
These are "COOKIES" that are used to display marketing ads based on information gathered about your browsing habits on the Site. They allow sites with advertising space to show ads that may be of interest to you. These advertising spaces contain "COOKIES" which aim to measure the effectiveness of marketing campaigns, as well as to limit the number of ads that are shown to you each day. The transmission of "COOKIES" by third parties is subject to the privacy policies of such third parties.
By browsing and using the BALIBARIS Site you accept that BALIBARIS places these various "COOKIES" on your device and that BALIBARIS may access them when the user visits the Site.
The choice of users regarding "COOKIES":
"COOKIES" are generally accepted automatically by most web or mobile browsers. Users can configure their browsing software in such a way that they are notified when a "COOKIE" is being installed or they can completely block "COOKIES" from being stored on their device.
If "COOKIES" are already installed on your browser, you can go to the "help & support" section of your browser to delete any "COOKIES" you don't want.
Blocking some "COOKIES" may affect browsing and the user experience on the Site.
Each browser has its own way of managing “COOKIES”:
- Internet explorer™: https://support.microsoft.com/fr-fr/help/17442/windows-internet-explorer-delete-manage-cookies
- Chrome™: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=fr
- Safari™: https://support.apple.com/kb/ph21411?locale=fr_FR
- Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies-preferences
- Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html
You can also visit http://www.youronlinechoices.com/fr/ if you want to block third party "COOKIES". Opting out from a third party does not mean that you will no longer receive ads, it means that you will no longer receive ads from that third party.
16. FORCE MAJEURE
In the event of an event of force majeure, the party concerned must inform the other party within fifteen (15) days of the occurrence of such an event, by registered letter with acknowledgement of receipt.
The following are expressly considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually recognized by the French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial or commercial nature, civil unrest, insurrection, war, bad weather, epidemic, obstruction of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of trade, computer failure, obstruction of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended for the duration of the event of force majeure, without compensation.
Should the event of force majeure last for more than three (3) months, the contract may be terminated as of right without compensation for either party.
17. GENERAL PROVISIONS
- Partial invalidity of a clause
Should any of the provisions of these conditions be declared null and void or unenforceable by a competent court, it shall be deemed unwritten and shall not result in the nullity of any other provisions.
These general conditions may be modified at any time and without notice by BALIBARIS, the prevailing conditions being those in force on the date on which the order is placed by the Customer.
These general conditions of sale are permanently accessible at the following address : https://www.balibaris.com/en/content/3-terms-conditions in a digital format that allows them to be printed and/or downloaded, so that the Customer may copy or save them.
- Applicable law – Competent court
These general conditions are subject to French law with regard to both the substance and the form of the terms. Any dispute must be subject to a prior attempt at amicable resolution.
In the absence of an amicable resolution, the competent French courts shall have jurisdiction, notwithstanding a plurality of defendants or the introduction of third parties.
- : Reproduction of applicable texts ( Order 2005-136 of 17 February 2005, Consumer Code, Civil Code)
Article L. 211-4. of the Consumer Code
The seller must deliver goods in conformity with the contract and is responsible for conformity defects that exist at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, instructions for assembly or installation should this fall under the seller's contractual responsibility or have been carried out under his/her responsibility.
Article L. 211-5. of the Consumer Code
- In order to comply with the contract, the goods must:
1° Be fit for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and have the qualities that the seller presented to the Customer in the form of a sample or model;
- have the qualities that a Customer can legitimately expect in view of the public statements made by the seller, the producer or his/her representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the seller's attention and that the latter has accepted.
Article L. 211-12. of the Consumer Code
Action resulting from lack of conformity is no longer possible two years after delivery of the goods.
Article 1641 of the Civil Code
The seller must guarantee in respect of hidden defects of the goods sold that render it unfit for the purpose for which it was intended, or that decrease this use to the extent that the Customer would not have purchased it, or would have paid a lower price if the defect had been known.
Article 1648 paragraph 1 of the Civil Code
Any action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
The Proximis e-reservation service allows you to reserve items in store for free on www.balibaris.com
Two hours later your item will be available in the Balibaris store selected when you reserved, if and only if the store confirms availability of the item.
The prices quoted for each product are the current prices on the Site.
In the event of an exclusive online offer, this will not apply to the price of the e-reservation, which remains a Store purchase and not an online order. In the case of a limited time Store offer, the e-reservation does not allow the offer to be extended. The Customer must go to the Store to collect the reserved item before the end of the special offer to take advantage of it.
The e-reservation system works as follows
- Reserve free of charge by going to the site www.balibaris.com, and clicking "reserve in store" on the product page, choose the colour, the size and the store in which you wish to e-reserve your item.
- Your e-reservation will be confirmed within two hours. A confirmation will be sent to you by email and text message, your item will be available in the Store for 48 hours.
- After this time, the reservation will be cancelled automatically and the item will be put back on sale.
* During peak trading periods (such as sales, private sales), the response time may be increased to 3 hours and the set aside time temporarily reduced to 24 hours.
The service is available for every item in all Stores offering the service that have an inventory of goods available for e-reservation. When the User has selected their product and their collection store, the Site asks for the User's e-mail address, name and telephone number, in order to be contacted by the Store.
The User then receives from the Store selected:
- an e-mail acknowledging receipt of the reservation stating that the request has been sent to the Store,
- an e-mail and a text message informing of the availability of the goods as well as the deadline for collection.
If the User has not collected the reserved product before the collection deadline, the reservation will be cancelled automatically. The products will be put back on sale and will thus no longer be available for any customer who has exceeded the 48h collection period.
Our products and prices are valid as long as they are visible on the Site and while stocks last, with the exception of any special offers whose validity period is specified on the Site.
The User is advised to consult the availability of the items sold on the information page for each product. The product availability shows the availability in the store selected by the User, at the time the User is checking it. However, it is understood that this availability is given as an indication, the products may be sold between the time of reservation by the User and the confirmation of this e-reservation by the Store.
In the event that a reserved product is unavailable, the Store will notify the User of this unavailability and therefore of the cancellation of the reservation.
If desired, the User may also choose to cancel the reservation, provided that he informs the Store handling the reservation of this in advance (via the link provided in the confirmation email). In all cases, a cancellation email will be sent to the User to confirm the cancellation of the order.
Reservation of a product in the Store selected by the User does not require the User to pay online. Payment will be made in the Store, when the goods are collected, by any payment method accepted in the Store.
General conditions of sale particular to e-reservation
The general conditions of sale applicable to e-reservations are the same as those applicable in the Stores or Corners.
For any purchase in Stores or Corners, please refer to the sales policies of the Stores or Corners.
19. AMENDMENTS TO THE GENERAL CONDITIONS OF SALE
BALIBARIS reserves the right to modify these General Conditions of Sale at any time.
The applicable General Conditions of Sale are those present on the Site and last modified on 26/03/2020.