These general terms and conditions of sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by an Internet user / natural person (hereinafter the “CUSTOMER”) on the website http://www.balzeo.com (hereinafter the “WEBSITE”) from Balzeo, whose registered office is located at 128 Rue de la Boétie 75008 PARIS , France Tel: +33 7 56 88 23 57, email: contact@balzeo.com (hereinafter the “SELLER”).
Important
Any order placed on the SITE implies the CUSTOMER’s unreserved acceptance of these General Terms and Conditions of Sale.
Article 1. DEFINITION
The terms used below have the following meanings in these General Terms and Conditions:
“CUSTOMER”: refers to the SELLER’s co-contractor, who warrants that he/she is a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that the CLIENT is acting outside of any usual or commercial activity. “DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated when the order was placed. “PRODUCTS”: refers to all the products available on the SITE. “TERRITORY”: refers to Metropolitan FRANCE, including Corsica (excluding DOM/TOM) and the Europe Zone.
Article 2. OBJECT
These General Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS. The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from separate contractual conditions.
Article 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The CUSTOMER undertakes to read these General Terms and Conditions carefully and to accept them before proceeding with the payment of an order for PRODUCTS placed on the SITE. These General Terms and Conditions are referenced at the bottom of each SITE page by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download and print the General Terms and Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the General Terms and Conditions each time a new order is placed, as the latest version of the said Terms and Conditions applies to all new orders for PRODUCTS. By clicking on the first button to place the order and then on the second to confirm said order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
Article 4. OPENING AN ACCOUNT – PURCHASE OF PRODUCTS ON THE SITE
In order to purchase a PRODUCT, the CUSTOMER must be at least 18 years of age and have legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives. The CUSTOMER will be asked to provide identifying information by completing the form available on the WEBSITE. The sign (*) indicates the mandatory fields that must be completed for the SELLER to process the CUSTOMER’s order. The CUSTOMER can check the status of their order on the SITE. Where applicable, DELIVERIES can be tracked using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by e-mail at contact@balzeo.com to obtain information on the status of his/her order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his/her identity, eligibility and the information provided.
Article 5. ORDERS
Article 5.1 Product characteristics The SELLER endeavours to present as clearly as possible the main characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Terms and Conditions). The CUSTOMER undertakes to read this information carefully before placing an order on the SITE. The SELLER reserves the right to modify the selection of PRODUCTS available on the SITE, in particular as a result of constraints related to its suppliers. Unless expressly indicated otherwise on the SITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s start page, the steps may differ slightly).
5.2.1. Sélection des PRODUITS et options d’achat
The CUSTOMER must select the PRODUCT(S) of his/her choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER’s basket. The CUSTOMER may then add as many PRODUCTS to his/her basket as he/she wishes.
5.2.2. Commandes
Once the PRODUCTS have been selected and placed in the CUSTOMER’s shopping basket, the CUSTOMER must click on the basket and check that the contents of the order are correct. If the CUSTOMER has not already done so, he/she will then be invited to identify him/herself or to register. Once the CUSTOMER has validated the contents of the basket and logged in/registered, an automatically completed online form will be displayed, summarising the price, applicable taxes and, where applicable, delivery charges. The CLIENT is invited to check the content of his/her order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content. The CLIENT may then proceed with payment for the PRODUCTS by following the instructions on the SITE and providing all the information required for invoicing and DELIVERY of the PRODUCTS.
For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information required to process the order correctly. The CUSTOMER must also indicate the delivery method chosen.
5.2.3. Accusé de réception
Once all the steps described above have been completed, a page will appear on the SITE to acknowledge receipt of the CUSTOMER’s order. A copy of the acknowledgement of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated via the registration form is correct. The SELLER does not send order confirmations by post or fax.
5.2.4. Facturation
During the ordering process, the CUSTOMER must enter the information required for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER). In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address. The CUSTOMER must then specify the chosen method of payment. Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the parcel.
5.3. Date de la commande
The order date is the date on which the SELLER acknowledges online receipt of the order. The delivery times indicated on the SITE only start to run from this date.
5.4. Prix
For all PRODUCTS, the CUSTOMER will find prices displayed on the SITE in euros, inclusive of all taxes, as well as the applicable delivery charges (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or mode of transport chosen). In particular, prices include value added tax (VAT) at the rate in force on the order date. Any change in the applicable rate may affect the price of the PRODUCTS from the date on which the new rate comes into force. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER’s suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in the event of special offers or sales. The prices indicated are valid unless there is a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CUSTOMER.
5.5. Disponibilité des PRODUITS
Depending on the PRODUCT concerned, the SELLER applies “just-in-time” stock management. Consequently, depending on the case, the availability of PRODUCTS depends on the SELLER’s stocks. The SELLER undertakes to honour orders received provided that the PRODUCTS are available. The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER. In any event, if unavailability was not indicated at the time of ordering, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CUSTOMER’s request: Either offer to dispatch all PRODUCTS at the same time as soon as the PRODUCTS that are out of stock become available again, Or proceed with a partial dispatch of the PRODUCTS that are available initially, then dispatch the rest of the order when the other PRODUCTS become available, subject to clear information concerning the additional transport costs that may be incurred, Or offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his/her order for unavailable PRODUCTS, he/she will obtain a refund of all sums paid for the unavailable PRODUCTS, without delay and at the latest within thirty (30) days of payment.
Article 6. Right of withdrawal The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, which is available in Annex 1 hereto and can be accessed at the bottom of each page of the SITE via a hypertext link.
Article 7. PAYMENT
7.1. Moyens de paiement
The CUSTOMER may pay for PRODUCTS online on the SITE using the methods proposed by the SELLER. The CUSTOMER guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online as part of online payment on the SITE. In this regard, it is specified that all payment information provided on the SITE is transmitted to the SITE’s bank and is not processed on the SITE.
7.2. Date de paiement
In the case of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the PRODUCTS are ordered on the SITE. In the case of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first parcel is dispatched. If the CLIENT decides to cancel its order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these Terms and Conditions.
7.3. RETARD OU REFUS DE PAIEMENT
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER’s Customer Service Department in order to pay for the order by any other valid means of payment. In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the French Consumer Code. The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CUSTOMER’s request. In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The SELLER remains the owner of the PRODUCTS delivered until they have been paid for in full by the CUSTOMER. The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by the CUSTOMER or by a third party designated by the CUSTOMER other than the carrier, of the risks of loss or damage to the PRODUCTS subject to retention of title, as well as the risks of damage that they may cause.
Article 10. Delivery
The methods of DELIVERY of PRODUCTS are set out in the “Delivery Policy” accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
Article 12. Guarantees
12.1. Garantie de conformité
The SELLER is bound to deliver a PRODUCT that is compliant, i.e. fit for the use expected of a similar good and corresponding to the description given on the SITE. This conformity also presupposes that the PRODUCT has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the SELLER, including in advertising and on labelling. In this context, the SELLER is liable for defects in conformity existing at the time of delivery and for defects in conformity resulting from the packaging, the assembly instructions or the installation, when the latter has been made his responsibility or has been carried out under his responsibility. Any action resulting from a lack of conformity shall be barred after two (2) years from DELIVERY of the PRODUCT. In the event of lack of conformity, the CLIENT may request replacement or repair of the PRODUCT, at its option. However, if the cost of the CLIENT’s choice is manifestly disproportionate to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen by the CLIENT. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 12 rue du professeur Lian 89520 Treigny- France.
12.2. Garantie de vices cachés
The SELLER shall be liable for any hidden defects in the PRODUCT sold which render it unfit for its intended use, or which impair such use to such an extent that the CLIENT would not have purchased it, or would have paid a lower price for it, had he been aware of them. This warranty allows the CLIENT, who can prove the existence of a latent defect, to choose between reimbursement of the price of the PRODUCT if it is returned, and reimbursement of part of its price if the PRODUCT is not returned. In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address: 10 Avenue Alphand 75116 PARIS.
Any action arising from latent defects must be brought by the CUSTOMER within two (2) years of the discovery of the defect.
Article 13. Liability
The SELLER may in no event be held liable in the event of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, in particular during order entry. The SELLER may not be held liable, or considered to have failed in its obligations hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals. It is further specified that the SELLER does not control the websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes all liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
Article 14. Personal data
The SELLER collects personal data about its customers on the SITE, including by means of cookies. CUSTOMERS may deactivate cookies by following the instructions provided by their browser. The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER’s account, analyse orders and, if the CUSTOMER has chosen this option, send him or her commercial prospecting mail, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER. CUSTOMER data is kept confidential by the SELLER in accordance with its declaration to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS may unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by e-mail. Data may be communicated, in whole or in part, to the SELLER’s service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that the CUSTOMERS have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER. The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners. In accordance with Act no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, CUSTOMERS have the right to access, rectify, oppose (for legitimate reasons) and delete their personal data. They may exercise this right by sending an email to contact@balzeo.com or by sending a letter to Balzeo, 10 Avenue Alphand 75116 PARIS. It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document, or by sending the SELLER a photocopy of their identity document.
Article 15. Complaints
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0033751661670 (not surcharged). Any written complaint from the CUSTOMER must be sent to the following address: Balzeo – 10 Avenue Alphand 75116 PARIS.
Article 16. Intellectual property rights
All visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law. These elements are the exclusive property of the SELLER. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request authorisation from the SELLER in writing. Under no circumstances will the SELLER’s authorisation be granted on a permanent basis. This link must be removed at the SELLER’s request. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Article 17. Validity of the General Terms and Conditions
Any change in the legislation or regulations in force, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions shall not affect the validity of these General Terms and Conditions. Under no circumstances does such a modification or decision authorise CLIENTS to disregard these General Terms and Conditions.
Any terms and conditions not expressly covered herein shall be governed in accordance with usage in the retail sector, for companies whose registered office is located in France.
Article 18. Modification of the General Terms and Conditions
These General Terms and Conditions apply to all purchases made online on the SITE, for as long as the SITE is available online. The General Terms and Conditions are dated precisely and may be amended and updated by the SELLER at any time. The General Terms and Conditions applicable are those in force at the time the order is placed. Changes to the General Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
These General Terms and Conditions and the relationship between the CUSTOMER and the SELLER are governed by French law. In the event of a dispute, the French courts shall have sole jurisdiction. However, prior to any recourse to an arbitral or state court, negotiation shall be preferred in a spirit of loyalty and good faith with a view to reaching an amicable agreement in the event of any dispute arising in connection with this contract, including any dispute relating to its validity. The party wishing to initiate the negotiation process must inform the other party by registered letter with acknowledgement of receipt, indicating the elements of the dispute. If at the end of a period of fifteen (15) days, the parties are unable to reach an agreement, the dispute will be submitted to the competent court designated below. Throughout the negotiation process and until its conclusion, the parties shall refrain from taking any legal action against each other in respect of the dispute which is the subject of the negotiation. By way of exception, the parties are authorised to refer the matter to the summary proceedings court or to apply for an order on petition. The parties shall not waive the amicable settlement clause in the event that they bring an action before a court of summary jurisdiction or apply for a court order, unless they expressly wish otherwise.
WITHDRAWAL POLICY
Principle of withdrawal In principle, the CUSTOMER has the right to return or restitute the PRODUCT to the SELLER or to a person designated by the SELLER, without undue delay, and no later than fourteen (14) days following communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period expires fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT. If the CLIENT’s order includes several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous statement to : Balzeo – 128 Rue de la Boétie 75008 Paris or contact@balzeo.com.
They can also use the form below:
RETRACTION FORM For the attention of [] (Contact details of) SELLER’s telephone number: SELLER’s fax number: SELLER’s e-mail address*: I hereby notify you of my withdrawal from the contract for the sale of the PRODUCT below: PRODUCT reference Invoice no.: Purchase order no. :
Ordered on [__________]/ received on [______________] Payment method used: Name of CUSTOMER and, if applicable, of the beneficiary of the order: Address of CUSTOMER: Delivery address: Signature of CUSTOMER (except in the case of transmission by e-mail) Date
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all sums paid, including delivery costs, without undue delay and, in any event, no later than fourteen (14) days from the date on which the SELLER is informed of the CUSTOMER’s wish to withdraw. The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, and in any event, this refund will not incur any costs for the customer. The SELLER may defer reimbursement until receipt of the goods or until the CUSTOMER has provided proof of dispatch of the goods, whichever comes first.
Return policy
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to : Balzeo – 10 Avenue Alphand 75116 Paris. This period is deemed to have been respected if the CUSTOMER returns the goods before the fourteen-day period has expired.
Return costs
The CUSTOMER shall bear the direct cost of returning the goods.
Condition of returned goods
The PRODUCT must be returned in accordance with the SELLER’s instructions and include, in particular, all accessories delivered. The CLIENT shall only be liable for any depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT but may be held liable if it carries out manipulations other than those necessary.
Packaging The PRODUCTS are packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS must comply with the same standards when returning PRODUCTS. In this respect, the CLIENT is invited to return the PRODUCT that does not suit him/her in its original packaging and in good condition, suitable for remarketing.
Exclusions from the right of withdrawal The right of withdrawal is excluded in the following cases:
Supply of goods or services whose price depends on fluctuations in the financial market Supply of goods made to the CUSTOMER’s specifications or clearly personalised Supply of goods likely to deteriorate or expire quickly Supply of sealed audio or video recordings or software which have been unsealed after delivery.
Newspaper, periodical, magazine (except subscription contract).
Provision of accommodation services other than for residential purposes, transport of goods, car hire, catering or services related to leisure activities if the offer provides for a specific date or period of performance Supply of goods which by their nature are inseparably mixed with other items Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY.
The supply of alcoholic beverages, the price of which has been agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the actual value of which depends on market fluctuations beyond the SELLER’s control.
Supply of digital content not supplied in dematerialised form if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal Contracts concluded at a public auction
Delivery zone
The PRODUCTS offered can only be delivered within the TERRITORY. It is not possible to place an order for any delivery address outside this TERRITORY. The PRODUCTS are sent to the delivery address(es) that the CLIENT will have indicated during the ordering process.
Shipping time
The lead times for preparing an order and then issuing an invoice, prior to dispatch of PRODUCTS in stock, are stated on the SITE. These times do not include weekends or public holidays. An e-mail message will automatically be sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the e-mail address given in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER informs the CUSTOMER of the possible delivery times and methods for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased. Delivery times and costs are detailed on the WEBSITE.
Terms of DELIVERY
The parcel will be given to the CUSTOMER without or against signature with presentation of an identity document. In the event of absence, a delivery notice will be left with the CUSTOMER.
DELIVERY problems
The CUSTOMER is informed of the delivery date when he/she chooses the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period, and in the event of non-delivery within this period, the CUSTOMER may terminate the contract. The SELLER will refund the total amount paid for the PRODUCTS, including taxes and delivery charges, to the CUSTOMER without undue delay after receipt of the cancellation letter, using the same method of payment that the CUSTOMER used to purchase the PRODUCTS. The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is recalled that the CLIENT has a period of three (3) days to notify the carrier of any damage or partial loss noted at the time of delivery.
