Terms and conditions
LEGAL STATUS: Limited liability company Share capital 89,000 euros
REGISTERED OFFICE: 10 rue Paul Bert - 93400 SAINT OUEN - FRANCE
VAT NUMBER : 493 074 447
Intracommunity VAT N°: FR28493074447
Telephone: +33 80 63 26 89
Email contact: firstname.lastname@example.org
GENERAL TERMS AND CONDITIONS
Last update: 07/01/2020
LES MERVEILLES DE BABELLOU is a limited liability company registered in France which sells vintage luxury jewels, clothing and accessories signed or anonymous from the 1920s to nowadays. LES MERVEILLES DE BABELLOU also sells antiques in the shops located in the Paul Bert Flea Market such as furniture, paintings, sculpture, luminaires and art objects, etc. LES MERVEILLES DE BABELLOU only sell one-off pieces.
The company LES MERVEILLES DE BABELLOU shops are located in SAINT-OUEN (93), in the Paul Bert market.
These terms and conditions only apply to mail order sales of goods sold by LES MERVEILLES DE BABELLOU through its website www.lesmerveillesdebabellou.com or in the shops.
These conditions apply whatever other conditions may exist, in particular those governing store sales or conditions presented by the buyer.
LES MERVEILLES DE BABELLOU reserve the right to modify their terms and conditions ay any time. The new conditions will apply as soon as they are published online.
Section 1 – Contractual capacity
Any order made by a buyer implies acceptance of ALL the terms and conditions described herein.
The non-professional buyer claims to have the capacity to contract:
he/she must have legal majority
he/she cannot be under guardianship, tutorship or under the influence of another adult’s form of protection
The professional buyer declares his company is recorded in the Register of Commerce and Companies or is entered on the trades register and has not been disqualified.
Section 2 – Pricing Policy
2.1 – Our special price offers are valid within the limits of, firstly, the duration of the said offer, and, secondly, the availability of the goods, it being reminded that LES MERVEILLES DE BABELLOU only sell one-off pieces.
2.2 - LES MERVEILLES DE BABELLOU reserve the right to modify its prices at any time. The articles will be billed at the prevailing price when making the order.
2.3 – The prices of all items available for purchase on LES MERVEILLES DE BABELLOU are indicated in euros (€), they include French VAT & other taxes. Shipping costs are excluded.
2.4 – In case of purchase to be delivered outside France, the buyer becomes the importer of the good or goods. For all articles delivered outside EU and DOM-TOM, the price indicated on the invoice will be free of taxes. The articles may be subject to customs or import duties or local sales taxes or state taxes at the entrance of the delivery country, and the buyer is liable for declaring and paying for them. LES MERVEILLES DE BABELLOU is not liable for these duties and taxes. It is the buyer’s responsibility to check with competent authorities of his country to know what customs duties or taxes are applicable, and to make sure it is legal to import the goods purchased.
Section 3 - Order
3.1 – You can order through our website www.lesmerveillesdebabellou.com or by telephone, all you need to do is identify yourself (Last name, First name or corporate name, address) with your email address. You also need to indicated a valid billing address and a delivery address. The contractual information are displayed in French language, they will be confirmed at the latest when validating your order.
3.2 – Order recording
By selecting « Commander », the buyer accepts the order and declares his agreement with our general Terms and Conditions. All orders placed suppose acceptance of these conditions and price.
You can print and keep the purchase form issued.
3.3 – Order confirmation
As soon as your order is registered, a receipt confirmation will be sent to you by email. This receipt will summarize the exact amount billed to you - including delivery cost -, the delivery address and terms as well as payment conditions. This receipt is worth acceptance of your order and completes the transaction.
Section 4 – Means of payment
4.1 - All the products are payable at the order, before delivery.
4.2 – The payment of your order on www.lesmerveillesdebabellou.com can be done either with a debit and credit card through a SSL secured technology (the simplest and fastest mean to receive your parcel) or by bank transfer.
4.3 – Payments on our website are entirely secured. We have adopted the SSL (Secure Socket Layer) Technology to secure the sensitive data linked to the means of payment.
Any payment made with the cards CB, E-Cartebleue, Visa, Visa Electron, MasterCard or Maestro is made on an entirely secured space online with the DV SSL certificate hosted by OVH. To avoid any hacking, we do not save any banking information in our servers. All information regarding your bank details are encrypted and protected.
4.4 – Your card is debited as soon as the order is confirmed.
4.5 – The items remain our property until fully paid for. We remind you that the risks of loss or damage are transferred to you when you or a third party take physically possession of the items ordered. We also remind you that when you choose a shipper other than the one we suggested, the risk of loss or damage is transferred to you when the item is delivered to your shipper.
Section 5 – Items availability
The company LES MERVEILLES DE BABELLOU only sells unique pieces.
The items offered on our website are only available within the limits of their availability.
Considering that each of our items published online are proposed for purchase worldwide as well as in our shops, it may be possible that for reasons beyond our control (time difference, simultaneous commands, etc.) the item is no longer available at the time we receive your order electronically.
Consequently, the company LES MERVEILLES DE BABELLOU reserves the right to refuse an order in the situation where the piece or pieces have already been sold.
If one or several items are unavailable after an order has been placed, the buyer will be informed by LES MERVEILLES DE BABELLOU within 14 working days.
The buyer will then have the possibility to ask for a refund or an exchange by contacting us by email at: email@example.com.
Each item is unique, so another one can be substituted only with the buyer’s agreement.
In case the buyer cancels his order for unavailability of the item or items, the company LES MERVEILLES DE BABELLOU is committed to reimburse the buyer without charge within 14 working days after the buyer’s refund request.
Section 6 – Delivery
6.1—Mean of delivery
The delivery of your order is provided by a shipper of our choice.
Any delivery by a different mean will have to be specifically requested by the buyer at his own risk and subject to our approval.
LES MERVEILLES DE BABELLOU are not responsible in case of loss of the parcel by the shipper chosen by the client.
If a package is returned by the carrier because of an incomplete or inaccurate delivery address provided by the client, LES MERVEILLES DE BABELLOU cannot be held responsible.
Any new shipping will be subject to additional charges according to the above conditions
6.2 – Time of delivery and risk transfer
Our general Terms and Conditions comply with public policy provisions in articles L 216-1 to L 216-6 of the French “Code de la consummation”, as stated in ordinance n° 2016-301 from 14 mars 2016, quoted below:
Article L 216-1 :
The trader delivers the good or the service to the consumer at the date or within the indicated time, according to the §3 of the article L. 111-1, unless otherwise agreed by the parties. Unless otherwise indicated regarding the delivery date, the trader delivers the good without undue delay and at the latest thirty days after the contract is concluded.
The delivery shall be taken to mean the moment on which the good is physically in the hands of the purchaser.
Article L 216-2 :
In case the trader fails to fulfill his obligation to deliver the good or the service at the date or at the expiry of the time limit envisaged in the first paragraph of article L. 216-1 or, failing that, at the latest 30 days after the contract has been concluded, the consumer has the right to rescind the contract, by means of registered letter with an acknowledgement of receipt or in writing on a durable medium if, after having demanded according to the same modalities the trader to ensure delivery in a reasonable time, the trader hasn’t complied with the delivery within this time. The contract is considered rescinded when the trader receives the letter informing him of this decision, unless the trader has complied in the meantime. The consumer can immediately rescind the contract when the professional refuses to deliver the good or the service or if he does not fulfill his obligation to deliver the good in due time or at the expiry of the period mentioned in paragraph 1 of article L. 216-1 if the date or the period is an essential prerequisite of the contract. This prerequisite results from circumstances surrounding the conclusion of the contract or from an explicit request of the consumer before the conclusion of the contract.
Article L 216-3 :
When the contract is rescinded under the conditions laid down in Article L.216-2, the consumer is refunded the full amount paid within fourteen days following the termination of the contract, by the vendor.
Article L 216-4 :
Any loss or damage risk of the goods is transferred to the consumer at the very moment when he or a third party, other than the transporter suggested by the trader, takes physical possession of the goods.
Article L 216-5 :
When the consumer entrusts the delivery of the good to a shipper different from the one suggested by the trader, the loss or damage risk of the good is transferred to the consumer at the time of transfer to the carrier.
Article L 216-6 :
The above provisions are a matter of Public Policy.
6.3 – Delivery tracking
www.lesmerveillesdebabellou.com informs you that your package has been shipped. The email gives you the ability to track the status of your parcel from the collection by the carrier to the final delivery
A delay in delivery does entitle the buyer to any claims for damages by LES MERVEILLES DE BABELLOU as long as the latter demonstrates that non-execution or defective execution of the delivery is not attributable them or is caused by force majeure.
6.4 - Insurance
Given the value of some of our products, insurance will be automatically added to the postal shipment. This insurance is provided by the carrier.
In case of loss, the shipper will reimburse us upon submission of the invoice, then we will refund you.
Section 7 – Returns policy
Our general Terms and Conditions comply with public policy provisions in articles L 221-18 to L 221-28 of the French “Code de la consummation”, as stated in ordinance n° 2016-301 from 14 mars 2016.
7.1 – Withdrawal period
Pursuant to article L 221-18 of the French Code de la Consommation, you have the right to withdraw within fourteen working days, from the day after receiving the articles.
Your right of withdrawal can be exercised by informing us of your decision to withdraw before the fourteen days deadline described in the above article, either by an unequivocal statement showing your decision to withdraw, or by the withdrawal form annexed to these General Terms and Conditions, duly completed and signed.
LES MERVEILLES DE BABELLOU will acknowledge receipt of your withdrawal by email.
7.2 – Return of products
The client sends or restitutes the item or items to the company LES MERVEILLES DE BABELLOU without excessive delay and at the latest within fourteen days after the communication of his decision to withdraw, unless the company LES MERVEILLES DE BABELLOU offers to pick up these items.
Return costs are at your own expense.
Return conditions (insurance, postage) must be at least identical to the first shipment.
Items must be returned in the original box and/or packaging or in an identical packaging, in perfect condition, to the following address:
SARL LES MERVEILLES DE BABELLOU
10 rue Paul Bert
93400 Saint Ouen
In order to ensure efficient return processing, we advise you to send an email to the following address: firstname.lastname@example.org and to fill in the withdrawal form.
7.3 – Refund
Once the withdrawal right exercised, the company LES MERVEILLES DE BABELLOU agrees to return to the consumer all of the sums paid, including delivery costs, after the items have been retrieved by LES MERVEILLES DE BABELLOU.
Not to pick up the parcel cannot be considered as a withdrawal and refund request.
Unless there is an explicit agreement from LES MERVEILLES DE BABELLOU, no refund request will be accepted beyond the fourteen days legal withdrawal period.
.Section 8 – Warranty
Given the type of items sold, they are not accompanied by any special warranty.
Section 9 – Verification of delivered products
The buyer has an obligation to verify the package condition and the delivered product conformity.
Any complaints, regarding apparent defects or non-compliance of the product delivered must be made by the client within two working days following the delivery date by sending an email to email@example.com prior to any return.
If no complaint and/or objection is made by the client in the above period of time, delivered articles shall be deemed to be in conformity and accepted by the client;
Section 10 – Mediation
Pursuant to the provisions of the articles L 612-1 to L 616-3 of the French Code de la consummation regarding the amicable settlement of disputes, LES MERVEILLES DE BABELLOU adhere to use the services of the Mediator XXXXXXXXXXXXXXXXXXX whose coordinates are: AAAAAAAAAAAAAAAAA (Adress + Email).
After the client has initiated a written procedure towards LES MERVEILLES DE BABELLOU, and in case the dispute cannot be resolved, the case can be presented to the Mediator’s office, by way of postal service or by sending online a request for mediation.
The request for mediation must be mailed along with supporting documentation.
Pursuant to the article 14 of EU regulation n° 524/2013, the EU Commission has developed an online platform for disputes resolution, making independent, extra-judicial settlement easier for disputes between consumers and trades within the EU.
You can access this platform by clicking on the following link: https://webgate.ec.europa.eu/odr/
The mediator also provides on its website an electronic link to Online Dispute Resolution, the European platform provided for by Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)
Section 11 – Disputes
The General Terms and Conditions are subject to French law.
The language used in the present contract is French.
In case of dispute, sole jurisdiction resides with the courts of France.
Section 12 – Personal Data
Nominative information and personal data are required for a good management of your purchase and our commercial relationship. They might be transferred to companies that contribute to these operations by executing services and orders management, execution, processing, and payment. They are also saved for security purposes, in accordance with legal provisions, as well as to improve the quality of our services and the information we send you.
In compliance with the French legislation " Informatique et Libertés", January 6 1978, you have rights of opposition, access, rectification of any data that might concern you. You simply have to contact us online at:
firstname.lastname@example.org , or by written mail to SARL LES MERVEILLES DE BABELLOU - 10 Rue Paul Bert - 93400 Saint Ouen FRANCE. You must indicate your last name, first name, email address and if possible, your client reference number. In accordance with current legislation, your request shall be signed and accompanied with a copy of your ID bearing your signature; you must also specify the address to which you want the answer sent. This answer will be sent to you within two months following acknowledgement of your request.
Attached withdrawal form, following page.
APPENDIX TO THE GENERAL TERMS AND CONDITIONS
If you wish to withdraw from your order, please fill out and send back this form by email at email@example.com, or by postal service to the following address: LES MERVEILLES DE BABELLOU – 10 rue Paul Bert – 93400 SAINT OUEN – FRANCE.
Attn : LES MERVEILLES DE BABELLOU
I hereby give you notice of my withdrawal from the contract referring to the sale of the following product:
Date of order:
Consumer’s signature (only in case of written request):