Terms of Sale
General terms and conditions of sale
I - Definitions
In the present general conditions of sale, the terms listed below have the following meanings:
The "Site" or "service": The Baghera online store and all of its pages operated by the Vendor accessible at the following address: www.baghera.fr.
The Site's legal notices are accessible under the following link: Legal Notice
The site is hosted by the company OVH, SAS, a company under French law, with registered office at 2 rue Kellermann 59100 Roubaix, registered with the Lille Métropole RCS under number B424 761 419 and whose VAT number is: FR 22 424 761 419.
The "Seller":
Baghera, SARL with a capital of 240 794 €, company registered under the registration number 351 917 349 with the RCS of Versailles and whose head office is located at 6bis rue de la Paroisse, BP 210, 78000 Versailles, France. Intracommunity VAT number: FR82351917349.
The "Customer": Any natural person of full age and full capacity acting as a consumer, i.e. for purposes that do not fall within the scope of his or her commercial, craft, liberal or agricultural activity.
The "Product(s)": All products (material) and services (immaterial) that it is possible to buy or to which it is possible to subscribe on the site.
The "Publisher": The person, moral or physical, responsible for the edition and content of the site.
The "User": The Internet user visiting and using the site.
The "Delivery Zone": Metropolitan France (Corsica not included), Belgium, Luxembourg, Netherlands, Germany, Austria, Denmark, United Kingdom, Northern Italy, Spain (the islands are not included).
Customer Service": The Vendor's department from which you can obtain additional information on the Products, the conditions of sale, your orders, information on current deliveries or make a complaint.
To contact this department, we advise you to use the contact forms of the Site, accessible at any time from the "FAQ & Contact" section at the bottom of each page of the Site. Each form has in fact been designed to meet the particular needs that you may have. They specify the information to be provided and, where appropriate, the documents to be attached to enable us to provide you with an effective response.
However, first of all, remember to consult the Frequently Asked Questions (FAQ), accessible from the "FAQ & Contact" section, in which we have listed the most frequently asked questions that you may have.
The customer service department of this site is accessible by e-mail at the following address: info@baghera.fr or by post at the following address: Baghera, 6bis rue de la Paroisse, BP 210, 78000 Versailles, France, in which case the publisher undertakes to reply within 7 days.
Baghera also provides its users and customers with telephone assistance to answer their questions.
II - Purpose
The purpose of the general terms and conditions of sale is to define the terms and conditions of distance selling of the Products between the Seller and the Customer from the Site. Together with the online order, they constitute the contractual documents binding on the parties. The purpose of this site is determined as "online sale of Baghera brand toys and accessories for children".
The applicable conditions are those in force on the Site on the date of the order. You should be aware that we are likely to modify them without prior notice. The adapted conditions will then be immediately published on the Site.
The Site is freely accessible to all Internet users. The acquisition of a good or a service, or the creation of a member space, or more generally the navigation on the site supposes the acceptance, by the Internet user, of the entirety of the present general conditions, who recognizes by the same fact to have taken full knowledge of them and to have accepted them without reserve. Acceptance of these general terms and conditions implies that Internet users have the necessary legal capacity to do so. If they are a minor, they declare that they have the authorisation of a tutor or curator or their legal representative.
We therefore invite you to consult the general terms and conditions of sale with each order.
III - Products and services offered
The products and services offered are those listed in the catalogue published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description consisting of photos and specifying the price, the essential characteristics such as use, age, material, dimensions or assembly with instructions for use etc.. The photographs of the products in the catalogue reflect the greatest possible accuracy of the products and services offered. However, due to the digital Internet presentation of the Products, it is possible that the perception of the photographic representation of a product may not correspond exactly to the product itself, particularly depending on the resolution of your screen.
IV. Prices
Unless otherwise stated, the prices in the catalogue are prices in Euros all taxes included (VAT included), excluding delivery costs, taking into account the VAT applicable on the day of the order. Delivery costs are indeed invoiced in addition.
Baghera reserves the right to pass on any change in the VAT rate to the price of products or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price appearing in the catalogue on the day the order is placed shall be the only price applicable to the purchaser.
V. Order process and Payment
a. Creating an account or Logging in to your customer account.
The creation of a customer account is a prerequisite for any order on this site. The creation of a customer account can be done at any time from the section "Hello, Identify yourself", visible on all pages of the site.
When creating an account, the customer will be asked to provide a certain amount of personal information (title, your first and last name, your email address and a password). The customer undertakes to provide accurate information.
The registered user of the site (member) has the possibility to access the site by logging in with his identifiers (e-mail address defined during registration and password). The user is entirely responsible for the protection of the password he has chosen. He is encouraged to use complex passwords. In case of forgotten password, the member has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the user therefore refrains from transmitting it or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorised access to a user's account.
The purpose of data collection is the creation of a "member account". This account allows the customer member to consult all his orders made on the site. If the data contained in the member account section were to disappear following a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only an informative character. The pages relating to member accounts are freely printable by the holder of the account in question but do not constitute proof, they have only an informative character intended to ensure an efficient management of his orders or contributions by the member.
The publisher reserves the exclusive right to delete the account of any member who would have contravened the present general terms and conditions (in particular but without this example being exhaustive, when the member would have knowingly provided erroneous information during his registration and the constitution of his personal space) or any account that has been inactive for at least one year. The said deletion shall not be likely to constitute damage for the excluded member, who shall not be entitled to any compensation as a result. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member when the facts justify it.
Exemption of the publisher's liability in the execution of this contract
In case of impossibility of access to the site, due to technical problems or of any kind, the user will not be able to take advantage of a damage and will not be able to claim any compensation. The unavailability of one or more products, even prolonged and without any limitation, cannot constitute a prejudice for the Internet users and cannot in any way give rise to the granting of damages on the part of the site or its publisher.
The customer will be able to print the invoice as soon as the order confirmation is received, from the confirmation email that will be sent to you or later from your account in the "Order History" section where the order details are archived.
d. Conditions of retraction
1. Exercise your right of withdrawal.
In accordance with Article L. 221-18 and paragraphs of the Consumer Code, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, except for the cost of return.
After this period, the Product is deemed accepted.
In accordance with article L. 221-5 of the Consumer Code, ("Hamon law") of June 2014, the customer can find below a standard withdrawal form for an order placed on the site, to be sent to the company Baghera by email at info@baghera.fr or by registered mail with acknowledgement of receipt. It is understood that the customer shall bear the cost of returning the good in the event of retraction, as well as the cost of returning the good if it cannot normally be returned by post due to its nature, and that this retraction can only take place under the conditions of retraction stipulated in these general terms and conditions of sale.
In the case of a withdrawal form sent online, the site publisher must immediately send an acknowledgement of receipt of the withdrawal.
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For the attention of the company Baghera, 6bis rue de la Paroisse, BP 210, 78000 Versailles, France (info@baghera.fr)
Name, First Name and Address of the Customer :
Date of mail :
Subject: Retraction
Ma'am, sir,
I wish to take advantage of my right of withdrawal provided for in Article L. 521-17 of the Consumer Code, concerning the contract relating to the order placed with your company on the website http://www.baghera.fr and relating to the following good:
Date of the order :
Order and/or invoice number
Total amount incl. VAT :
Relying on you for your full cooperation,
Yours sincerely, Sir, Madam.
Signature:
2. Return a product.
The product must be returned in perfect condition and in its original packaging, allowing it to be suitable for further marketing. If necessary, it will have to be accompanied by all its accessories. If the previous obligations are not carried out, the buyer will lose his right of retraction and the product will be returned to him at his expense.
The costs of return in case of retraction remain the responsibility of the buyer and the latter will be able to choose a solution followed for the return of his product.
3. Refund
After receipt of the return and if the product is suitable for re-marketing, the publisher will proceed to a refund within 14 days by the means of payment selected at the time of ordering or by bank transfer. In order to process the request correctly, the customer is asked to attach a copy of the invoice.
VI. Delivery
a. Delivery Zone: Any Product purchased on the Site can only be delivered in the Delivery Zone.
Delivery as specified in "Definitions". Delivery charges will be indicated to the customer before any payment is made.
b. The modes of delivery: We offer two modes, home delivery or delivery to the address of the customer's choice or in Mondial Relais.
For any order placed on the site before 9:00 am (GMT +1), it is shipped the same day (working days). If the order is placed after 9:00 am, it will be shipped the next business day. By adding the products to the shopping cart, the customer is able to consult the costs and delivery times. Upon shipment of his order, the customer will receive a tracking email that allows him to contact the carrier.
For bulky products, only one delivery method is currently offered on our Site via the carrier GLS.
c. Delivery times :
The delivery time is 3 to 5 days
The publisher commits to deliver the products at the end of the indicated period.
Please note that Christmas, bad weather, snow, etc. are not considered normal conditions. In these cases, the delivery times may be exceptionally extended.
If the buyer's parcel is returned to the publisher by the Post Office or other postal service providers, the publisher will contact the buyer upon receipt of the returned parcel to ask him/her what action to take on his/her order. If the buyer has mistakenly refused the package, he may request its return by first paying the postal charges for the new shipment. Postal charges will have to be paid even for orders for which postal charges were offered at the time of the order.
d. Verification on receipt
The buyer is invited to check the contents of the delivered goods. Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken products...) must be indicated by the buyer on the delivery order, accompanied by the buyer's signature. At the same time, he will confirm this anomaly by sending the publisher, within 3 days of receipt, an email or registered mail (recommended), stating the said claims. If the consumer personally takes delivery of the transported objects or when the carrier does not justify having left the possibility to check the good condition of the goods, the consumer has a period of 10 days to expose his claims. In order to give the seller a possibility of recourse against the carrier, the consumer must comply with these requirements. Upon receipt of the complaint, Baghera shall inform the buyer by email, fax or telephone of the terms and conditions for the exchange of the products.
In the event of an error in delivery or exchange (if the right of withdrawal applies, i.e. if the customer is not a professional and the contract entered into to acquire the good or service allows for withdrawal, in accordance with article L. 221-28 of the French Consumer Code), any product to be exchanged or refunded must be returned, after prior agreement, to the Baghera company in its entirety, in perfect condition and in its original packaging.
e. Delay in delivery
In accordance with Article L. 216-2 of the Consumer Code, in the event of failure on the part of the seller to fulfil his delivery obligation on the date or on expiry of the period indicated, or, failing that, no later than thirty days after the conclusion of the contract, the consumer may cancel the contract, by registered letter with acknowledgement of receipt or in writing on another durable medium, if, after having enjoined the seller, according to the same terms, to make delivery within a reasonable additional period, the seller has not fulfilled this obligation within this period.
According to Article L. 216-3 of the Consumer Code, where the contract is terminated under the conditions provided for in Article L. 216-2, the publisher is required to reimburse the consumer for all sums paid, no later than fourteen days following the date on which the contract was terminated. The sum paid by the consumer is automatically increased by 10% if the reimbursement is made no later than thirty days after this term, by 20% up to sixty days and by 50% thereafter.
VII. Intellectual property rights relating to the elements published on this site.
All the elements of this site belong to the publisher or to a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video content, without this list being restrictive, is strictly forbidden and is tantamount to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion can not constitute a damage, without reservation of possible subsequent legal action against him, at the initiative of the publisher of this site or his agent.
The present site uses elements (images, photographs, content) for which the credits go to the Baghera company.
a. Contribution of Internet users to the content of the site
Internet users are offered the opportunity to contribute to the content of this site by posting comments.
Contributors are informed that the site publisher, represented where appropriate by the moderators, may choose to publish the article in question on the newsletters of this site and on the sites of all its partners, on condition that the publisher cites the pseudonym of the author of the contribution. The author therefore renounces his rights to the content of the contributions, in favour of the site editor, for any distribution or use, even commercial, on the Internet support, this, of course, always respecting the author's authorship.
b. Trademarks
The trademarks and logos contained in the site are registered by Baghera, or possibly by one of its partners. Any person making their representations, reproductions, imbrications, broadcasts and re-broadcasts is liable to the penalties provided for in articles L. 713-2 and following of the Intellectual Property Code.
c. Limitation of liability
The publisher of the site, has for all the stages of order taking as well as for the stages subsequent to the conclusion of the contract an obligation of result.
The responsibility of the site publisher, Baghera cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable fact of a third party to the contract or to a case of force majeure as defined by French jurisprudence. Similarly, the site publisher cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
Concerning the products purchased, the publisher shall not be held liable for any indirect damage due to the present, operating loss, loss of profit, damage or expenses, which may arise. The choice and purchase of a product or service are placed under the sole responsibility of the customer. The total or partial impossibility to use the products, in particular due to incompatibility of the equipment, may not give rise to any compensation, reimbursement or liability of the publisher, except in the case of a proven latent defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the customer is not a professional and the contract concluded to acquire the good or service allows withdrawal, according to Article L. 221-28 of the Consumer Code. In the event of non-delivery of an order or part of an order, the customer has a maximum of six months (from the date of departure from the warehouses) in which to manifest himself. Beyond this period, no claim will be accepted.
The user expressly admits using the site at his own risk and under his exclusive responsibility. In any event, Baghera cannot be held liable under any circumstances:
- for any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, loss of data that may result, among other things, from the use of the site, or on the contrary from the impossibility of using it;
- a malfunction, unavailability of access, misuse, misconfiguration of the user's computer, or the use of a browser little used by the user;
- the content of advertisements and other links or external sources accessible by the user from the site.
d. Access to the site
The responsibility of the site editor cannot be engaged because of a technical unavailability of the connection, whether it is due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention of the host, an internal or external strike, a network breakdown, a power cut, or a bad configuration or use of the user's computer.
e. Account closure
Each user is free to close his account on the site. To do this, the member must send an e-mail to the site indicating that he wishes to delete his account. No recovery of his data will then be possible.
VIII. Protection of personal data
We are very attentive to the protection of the personal data we process and focus our efforts on the respect of the principles designated in the legal texts on the protection of personal data.
In addition, we may collect your telephone number when you contact us either directly or via the contact forms provided on the Site. This information enables us to facilitate the exchange between us, particularly in the context of a complaint. We will not use your telephone number for any other purpose, in particular we guarantee that we will not carry out telephone canvassing. However, we inform you of your right to register on Bloctel's telephone solicitation opposition list (http://www.bloctel.gouv.fr/).
We therefore invite you to consult our personal data protection charter accessible under the following link: Legal notice.
In addition, we are required to collect your telephone number when you contact us either directly or via the contact forms provided on the Site. This information allows us to facilitate the exchange between us, particularly in the context of a complaint. We will not use your telephone number for any other purpose and we guarantee that we will not carry out telephone canvassing. However, we inform you of your right to register on the Bloctel telephone solicitation opposition list (http://www.bloctel.gouv.fr/).
IX. Applicable law and jurisdiction
The present general conditions are subject to the application of French legislation. They may be modified at any time by the site publisher or its representative. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all its former general conditions and to send them to any user who requests them.
Except for public order provisions, any disputes that may arise in the context of the execution of the present general conditions may, before any legal action is taken, be submitted to the site publisher for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits open for taking legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal seized.
The competent court in the event of a dispute shall be that of the defendant's place of residence or, at the plaintiff's choice, the place of actual delivery of the product or the place where it was located at the time of conclusion of the contract.
a. Use of Cookies
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly to obtain navigation statistics in order to improve the User's experience, and to allow access to a member account and to content that is not accessible without a connection.
The User acknowledges being informed of this practice and authorises the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in case of legal requisition. The User may refuse the registration of "Cookies" or configure his browser to be warned before accepting "Cookies". To do so, the User will proceed to the configuration of his browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
X. Warranty for products purchased on this site
All items purchased on this site benefit from the following legal guarantees, provided by the Civil Code;
a. Guarantee of conformity :
The guarantee of conformity applies independently of any commercial guarantee that may be granted. According to Articles L. 217-1 to L. 411-1* of the French Consumer Code, the seller is required to deliver a good in conformity with the contract and to be liable for any defects in conformity existing during the delivery of the good. In the event of a lack of conformity, the buyer chooses between repairing or replacing the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product. However, where the defect appeared within 24 months of that date, it shall be presumed to meet this condition. However, after this 24-month period, it will be up to the customer to prove that the defect existed at the time of taking possession of the goods.
*Below, you will find all the articles of the Consumer Code concerned by the legal guarantee of conformity:
Consumer Code - Article L217-4
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if the latter has been charged to him by the contract or has been carried out under his responsibility.
Consumer Code - Article L217-5
The property conforms to the contract:
(1) If it is fit for the use ordinarily expected of similar property and, where applicable:
- if it corresponds to the description given by the seller and has the qualities which the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.
Consumer Code - Article L217-6
The seller shall not be bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately in a position to know them.
Consumer Code - Article L217-7
Any lack of conformity which becomes apparent within twenty-four months of delivery of the goods shall be presumed to exist at the time of delivery, unless proved otherwise.
In the case of second-hand goods, this period shall be six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
French Consumer Code - Article L217-8
The buyer is entitled to demand that the goods comply with the contract. He may not, however, contest conformity by invoking a defect which he knew or could not have been unaware of when he entered into the contract. The same shall apply if the defect has its origin in the materials supplied by him.
Consumer Code - Article L217-9
In the event of a lack of conformity, the buyer chooses between repair or replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost which is manifestly disproportionate to the other, taking into account the value of the goods or the importance of the defect. In such a case, the seller is bound to proceed, unless it is impossible, according to the method not chosen by the buyer.
French Consumer Code - Article L217-10
If the repair and replacement of the good are impossible, the buyer may return the good and have the price refunded or keep the good and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the goods and the use he is seeking.
However, the sale may not be rescinded if the lack of conformity is minor.
Consumer Code - Article L217-11
The application of the provisions of articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer.
These same provisions do not prevent the allocation of damages.
Consumer Code - Article L217-12
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Consumer Code - Article L217-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law.
Consumer Code - Article L217-14
The recourse action may be brought by the final seller against successive sellers or intermediaries and the producer of the tangible personal property, according to the principles of the Civil Code.
b. Warranty for latent defects :
According to articles 1641 to 1649 of the Civil Code*, the seller is bound by the warranty for hidden defects of the thing sold which render it unfit for its intended use. The customer may request the exercise of the guarantee for hidden defects of the item sold and choose between cancellation of the sale or a reduction of the sale price. According to article 1648 of the Civil Code, the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
The products supplied by the seller on this site benefit, in addition to the legal guarantee that is, where applicable, still applicable to them, from a guarantee specific to the site and provided by Baghera SARL, under the following conditions:
The guarantee only covers the original purchaser of the product and cannot be transferred to another person. The product must have been assembled and maintained in strict accordance with the instructions sold with the product.
The warranty does not apply to :
- Abusive use of the product, lack of care, mishandling, accident during use, or any other abnormal use of the product being diverted from its intended purpose.
- Products that have been altered or modified.
- Normal wear and tear of the product and its components.
- Damage caused by unauthorized repair or maintenance.
- Cosmetic problems such as discoloration or scratches caused by the use of the product, or any other cause not resulting from defects in materials or workmanship.
- Poor storage conditions of the product (humidity, sunlight) that have caused defects such as corrosion or discoloration.
In the event of non-conformity of a product sold, it may be returned to the seller who will take it back, exchange it or refund it, at no additional cost to the buyer.
All claims must be made by post to the following address:
BAGHERA
6bis rue de la Paroisse, BP 210
78000 Versailles
Telephone: +33 (0) 1 30 46 93 10
Or by e-mail to info@baghera.fr within two years from the date of delivery.
In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the buyer will be refunded within 14 days from receipt of the return by bank transfer of the amount of his order.
*Below, you will find all the articles of the civil code concerned by the legal guarantee of hidden defects:
Civil Code - Article 1641
The seller is bound by the warranty on account of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Civil Code - Article 1642
The seller is not bound by apparent defects which the buyer has been able to convince himself of.
Civil Code - Article 1642-1
The seller of an immovable to be built may not be discharged, either before acceptance of the work, or before the expiry of a period of one month after the buyer takes possession of the building, of the construction defects or defects of conformity then apparent.
There shall be no grounds for rescission of the contract or reduction of the price if the Seller undertakes to make good such defects.
Civil Code - Article 1643
He shall be liable for hidden defects, even if he did not know about them, unless in this case he has stipulated that he will not be bound by any warranty.
Civil Code - Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or of keeping the thing and having part of the price refunded.
Civil Code - Article 1645
If the seller was aware of the defects of the goods, he shall be liable to the buyer for all damages in addition to the refund of the price he received for them.
Civil Code - Article 1646
If the seller was unaware of the defects of the thing, he will only be obliged to refund the price and to reimburse the buyer for the costs incurred by the sale.
Civil Code - Article 1646-1
The seller of an immovable to be built is bound, as of the acceptance of the work, by the obligations of which the architects, contractors and other persons linked to the client by a contract of lease of work are themselves bound pursuant to Articles 1792, 1792-1, 1792-2 and 1792-3 of this Code.
These guarantees benefit the successive owners of the building.
There will be no need to rescind the sale or reduce the price if the seller undertakes to repair the damage defined in Articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in Article 1792-3.
Civil Code - Article 1647
If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and other compensation explained in the two previous articles.
But the loss that has occurred by chance will be for the account of the buyer.
Civil Code - Article 1648
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be discharged from the defects or apparent lack of conformity.
Civil Code - Article 1649
It does not take place in sales made by authority of justice.
XI. Archiving
In the absence of proof to the contrary, the computerized registers shall be considered by the parties as proof of communications, orders, payments and transactions between the parties. Baghera shall archive purchase orders and invoices on a reliable and durable medium that constitutes a true copy in accordance with the provisions of Article 1348 of the Civil Code. It shall guarantee access to the consumer, if the consumer so requests, for a period of ten (10) years, starting from the date the order is placed.
XII. Framework of conditions
If any provision of the Terms and Conditions is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions describe the entire agreement between the User and the Website. They supersede all prior or contemporaneous written or oral agreements. The terms and conditions are not assignable, transferable or sublicensable by the user himself.
A printed version of the Terms and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be written in the French language.
XIII. Notices
Any notification or notice concerning the present general terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by post or any other nationally recognized courier service that allows regular monitoring of its packages, to the following address: Baghera, 3A rue Pétigny, 78000 Versailles, France or by e-mail at info@baghera.fr, specifying your surname, first names, contact details and the subject of the notice.
XIV. Claims
Any claim related to the use of the website, the service, or any other related service, the pages of the site on possible social networks or the general terms and conditions, legal notice or personal data charter must be filed within 5 years following the day of origin of the problem that gave rise to the claim, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within 5 years, such a claim will forever be inapplicable in court.
XV. Inaccuracies
It may be possible that inaccuracies or errors, or information that is not in accordance with the general terms and conditions, legal notices or personal data charter may be found throughout the website and the services offered, and to a limited extent, inaccuracies or errors. In addition, it is possible that unauthorized modifications may be made by third parties on the site or on related services (social networks, etc.). We do everything possible to ensure that such discrepancies are corrected.
In the event that such a situation escapes us, please contact us at the following address: Baghera, 3A rue Pétigny, 78000 Versailles, France or by e-mail at info@baghera.fr with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright inquiries, please refer to the section on intellectual property.
XVI. Disputes and Mediation Service
In the event of a dispute, the Customer will first contact Customer Service. As previously indicated, BAGHERA's Customer Service can be reached by telephone at +33 (0)1 30 46 93 10 from France or abroad from 9:00 am to 12:30 pm from Monday to Friday, and via our contact form in the "Contact Us" section of the BAGHERA Website.
Failing resolution of the dispute via Customer Service, the Customer has the right to use the consumer mediation service free of charge.
What is consumer mediation?
Consumer mediation refers to an out-of-court dispute resolution process whereby a consumer and a professional attempt to reach an agreement to resolve a dispute between them amicably, with the help of a third party, the mediator. In the absence of an amicable agreement between the parties, the mediator proposes a solution to settle the dispute. This is therefore an alternative to legal action, which is often long and costly. The consumer nevertheless retains the possibility of going to court if the mediation is unsuccessful.
The consumer mediation process can only be implemented at the initiative of the consumer (the trader cannot initiate it). However, the consumer may only refer the matter to the mediator on condition that he has first made a written request directly to the trader concerned or to his customer service department to try to resolve his dispute. If this step is not taken, the request for mediation shall be inadmissible.
The Referent Mediator chosen is Médicys (Centre de médiation et de règlement amiable des huissiers de justice - Centre for Mediation and Amicable Settlement of Bailiffs).
To contact the Ombudsman, you should make your request :
- by post: MEDICYS - Centre de médiation et règlement amiable des huissiers de justice - 73, Boulevard de Clichy, 75009 - Paris.
- by electronic means via www.medicys.fr
The request must imperatively contain :
- Your postal, telephone and electronic contact details,
- Our contact details name and address which you will find in our general conditions of sale in "Definitions".
- A description of the facts
- The history of your request to our Customer Service.
We also inform you of the possibility to use the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address: ec.europa.eu/consumers/odr.
In the event that the dispute cannot be resolved amicably, the French courts shall have sole jurisdiction.
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Baghera SARL - All rights reserved - 28th January 2020
