General Terms of Sale

babyzen.com website

The babyzen.com website is the official dedicated online sales website for the BABYZEN brand.

The website is published by the company BABYZEN SAS. It is designed for natural persons who are legally able to enter into contracts.

 

ARTICLE 1: SCOPE OF APPLICATION - ACCEPTANCE

These General Terms of Sale of the babyzen.com merchant website (hereinafter referred to as the "General Terms of Sale") govern the relations between BABYZEN Distribution SAS, a simplified joint stock company with capital of 8,255,268 euros, whose registered office is situated 2355 route des Pinchinats, 13100 Aix-en-Provence (France), registered at the Aix en Provence Companies Registry under number 834 264 665, Intra-community VAT number FR 07 834 264 665, email address salesadmin.customer@babyzen.com, NAF code 4649 Z, hereinafter referred to as the "Seller" or the "Company", and any natural person who is legally able to enter into contracts,  acting on his/her own account for purposes that are not in the context of a commercial, industrial, artisanal or liberal activity, hereinafter referred to as the "Buyer", when visiting or purchasing products offered on the babyzen.com website, hereinafter referred to as the "Website".

In addition to these General Terms of Sale, General Terms of Use (“Conditions Générales d’Utilisation”) govern the use of the Website, which may be consulted via the Website.

The Buyer declares that he/she is a non-commercial natural person who is legally able to enter into contracts.

In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics, the prices of products sold electronically and in the absence of immediate execution of the contract, the date or the deadline at which the Seller undertakes to deliver the goods, are available on the Website.

The Seller also communicates to the consumer information relating to its identity, electronic contact details and its activities, as well as, if applicable, those relating to the terms of payment, delivery, performance of the contract and handling of complaints. It also communicates the existence and terms of implementation of legal guarantees (L217-1 and following of the French Consumer Code and Articles 1641 and following of the French Civil Code) as well as, where applicable, of the commercial guarantee and the after-sales service (Article L217-15 and L217-17 of the French Consumer Code), as well as the possibility of using a consumer mediator.

It indicates with regard to the functionalities of the digital content any interoperability of this content with certain hardware or software of which the professional is or should reasonably be aware.

Furthermore, the Buyer receives the information provided for in Article L221-5 of the French Consumer Code, prior to (and after) the conclusion of the sale, in a clear and understandable manner and in particular by means of these General Terms of Sale.

These General Terms of Sale are applicable to all sales of products by the Seller made through the Website, to the exclusion of all other conditions, in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the store-fr.babyzen.com website.

The Buyer declares to have carefully read these General Terms of Sale in a readable and understandable manner, before the validation of the order within the meaning of Article 6. Consequently, the Buyer acknowledges being fully informed that his/her agreement concerning the content of the General Terms of Sale does not require the handwritten signature of this document, insofar as the Buyer wishes to order the products presented on the Website online.

The confirmation of the order therefore constitutes acceptance without restriction nor reservation of these General Terms of Sale.

These General Terms of Sale are applicable for orders made for delivery in the territories covered by these General Terms of Sale.

 

ARTICLE 2: PURPOSE

The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of the online sale of products offered by the Seller to the Buyer from the Website, in accordance with the legal and regulatory provisions governing E-commerce and distance selling. They define the terms of sale of the products presented on the Website between the Seller and the Buyer, govern all the steps necessary for placing an order and ensure the follow-up of this order on the Website between the parties.

  

ARTICLE 3: ENTRY INTO FORCE – DURATION

The Seller reserves the right to adapt or modify the General Terms of Sale at any time.

They shall be applicable as soon as they are put online.

In case of modification, the General Terms of Sale in force on the Website shall be applied on the date of placing the order by the Buyer.

  

ARTICLE 4: INFORMATION AND AVAILABILITY OF THE PRODUCTS

The purpose of the Website is to offer childcare articles for sale.

The Seller presents on the Website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the French Consumer Code, which provides for the possibility for the potential consumer to be aware of the essential characteristics of the products he/she wishes to buy before making the final order.

The essential characteristics of the products offered for sale are described and presented with the greatest possible accuracy (sizes, colours, compositions, descriptions, prices). The photographs illustrating the products have no contractual value. They cannot ensure perfect similarity, particularly with regard to the colours or size of the products. If errors or omissions have occurred in their presentation, the Seller's liability cannot be engaged.

The period during which or the date until which the spare parts, essential to the use of the products, are available on the market is indicated on the Website.

The items offered for sale are those listed on the Website on the date of consultation by the Buyer and within the limits of available stocks.

Information on product availability is provided at the time of ordering. Exceptionally, a product advertised available on the Website may be unavailable after final registration of the order.

In the exceptional case where an ordered product is not available, BABYZEN customer service shall contact the Buyer to provide he/she with the option to wait for availability of the product or to obtain a refund of the associated amount. In the latter case or in the absence of a response, the associated amount shall be refunded within 14 days

No penalty shall be applied for such partial or total cancellation of an order and the shortage of stocks shall not engage the responsibility of the Seller under any circumstance. No cancellation or compensation may be requested by the Buyer.

 

ARTICLE 5: PRICE

The unit prices of the items on the Website are indicated in euros, all taxes included (the Value Added Tax (VAT) included is the French VAT applicable on the day of the order). The price does not take into account the delivery costs, which are invoiced as a supplement and indicated before the confirmation of the order (see article 9.3).

Any change in the applicable rate of VAT shall automatically be reflected in the price of products for sale on the Website. If one or more taxes or contributions, particularly environmental, were to be created or modified, up or down, this change could be reflected in the selling price of the products.

The Seller reserves the right to modify its prices at any time, but applies the prices in force at the time of confirmation of the order by the Buyer.

Payment of the full price (including delivery costs) must be made when ordering. At no time may the sums paid be considered as a deposit or a down payment.

Telecommunication costs inherent in accessing the Website remain the sole responsibility of the user.

The period of validity of offers and the price is determined by the updating of the Website.

 

ARTICLE 6: ORDER

6.1 Prior identification of the Buyer

 To place an order, the user must log into the Website and follow the Website's instructions.

In the event of a first order, the Buyer must accurately fill in the fields marked with an asterisk as mandatory in order to place his/her order or create his/her personal client account, following the instructions on the Website.

He/she must indicate the information necessary for his/her identification, a valid e-mail address and, in the case of the creation of a client account, a password of his/her choice which will be personal and confidential.

The Buyer must also indicate his/her name, Christian name, personal address and telephone number in order to be able to create an account.

Any Buyer who already has a client account must identify himself/herself after clicking on "validate basket" by entering his/her email address and password, to be able to access order tracking.

The Buyer acknowledges that entering these two identification details constitutes proof of his/her identity.

The Buyer is responsible for the choice, storage and use of his/her identification details and must ensure their confidentiality.

The Seller shall in no way be held responsible for any usurpation of identification details and connections to client accounts by third parties. The Buyer shall inform the Seller of any use of identification details without his/her knowledge so that Seller can intervene and deactivate the client account, by contacting the Data Protection Officer (DPO) via privacy-inquiries@babyzen.com

The provision of personal information collected in the context of distance selling is mandatory, as this information is necessary for the recording, processing and delivery of orders as well as for preparing invoices. This information is confidential (see Privacy Policy).

The client account shall allow the Buyer to order online and track the history of his/her orders.

The Buyer shall be offered the possibility of receiving communications from the brand and/or its commercial partners by e-mail.

6.2 Steps of the order

The ordering process is as follows:

  1. Entry of the Website’s address;
    2. Following of the Website’s instructions and in particular, but optionally, the instructions necessary to open a client account;
    3. Choice of products and placing in the basket; in the event of prolonged inactivity during the connection, it is possible that the selection of the products chosen by the Buyer before this inactivity is no longer guaranteed. The Buyer is then invited to resume his/her selection of products from the beginning;
    4. Validation of the contents of the basket;
    5. Information on the Buyer and on the recipient's address (Last name/ First name/ Billing address/ Delivery address/ Email address/ Phone number);
    6. Acceptance of the GTS (General Terms of Sale);
    7. Choice of delivery method;
    8. Definitive confirmation of the order, the total price as well as the all-inclusive price (delivery costs included) as well as the method of payment;
    9. Following of the instructions regarding the online payment server to pay the all-inclusive price;
    10. In the case of delivery to a Mondial Relay parcel pick-up point, choice of the pick-up point for the delivery.

During these different steps, the Buyer visualizes the details of the order and its total price and is able to correct any errors or cancel his/her order, before confirming his/her order to express his/her acceptance.

The payment of the products’ price makes the order definitive and no modification of the order shall be taken into account by the Seller. Any order implies acceptance of the prices and description of the products available for sale.

The conclusion of the contract is only effective after confirmation of the order by the Seller and after receipt by the Seller of the full total price. The Buyer is then directed to a page confirming his/her purchase online; a summary document of the order is sent to the Buyer by email to the address indicated by him/her.

The Buyer also receives electronic confirmation of the shipment of the order.

Delivery shall take place at the delivery address indicated by the Buyer when ordering.

The Seller undertakes to honour the order only within the limit of available stocks of the products. In the absence of availability of products, the Seller undertakes to inform the Buyer thereof. It is also possible that products presented as available on the Website are no longer available when placing an order. The Seller shall endeavour to provide a replacement product of comparable quality. In the situation where the Buyer does not wish a replacement product, he/she has the possibility to partially cancel his/her order for each unavailable product only and obtain a refund of the amount paid for the said unavailable products.

The Seller reserves the right to refuse the order if it is anomalous, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Buyer concerning the payment of a previous order.

All information given by the Buyer is his/her sole responsibility and any anomalies generated by him/her are not the responsibility of the Seller in the event that the Seller is unable to fully execute the order.

E-mails confirming the order and the order availability in the event of delivery to the store are sent to the e-mail address provided by the Buyer. Thus, in the event of an error in entering the concerned e-mail address, or of non-receipt of e-mails, the Seller's liability cannot be engaged. In such case, the sale shall be considered final. The Buyer may nevertheless exercise his/her right of withdrawal under the conditions provided for in Article 13 of these General Terms of Sale.

 

ARTICLE 7: ELECTRONIC SIGNATURE AND PROOF OF THE TRANSACTION

The Buyer's "double click" when placing an order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.

Thus, the online supply of the Buyer's credit card number and the confirmation of the order will constitute proof of the Buyer's agreement as to the payment of the sums due under the order and the signature and express acceptance of all operations performed.

The computerized registers, kept in the Company's computer systems under reasonable security conditions shall be considered as proof of communications, orders and payments between the parties. The archiving of orders and invoices is carried out on a reliable and durable medium that can be produced as proof in accordance with the French Civil code.

For any payment by credit card on the Website, the electronic certificate issued by the electronic payment manager will constitute proof of the amount and the date of the transaction.

The Buyer bears the burden of proof to the contrary.

 

ARTICLE 8: PAYMENT

Orders are orders with an obligation of immediate payment.

For all countries, online payment is made by credit card. The Buyer accepts that his/her bank account is debited for the total amount due at the time of the order.

The transaction is immediately debited from the Buyer’s credit card after verification of his/her data, upon receipt of the debit authorization from the company issuing the credit card used by the Buyer.

In accordance with article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a credit card payment is irrevocable. By providing the information relating to his/her credit card, the Buyer authorizes the Seller to debit his/her credit card for the amount corresponding to the full price (delivery costs included).

To this end, the Buyer confirms that he/she is the holder of the credit card to be debited and that the name appearing on the credit card is indeed his/hers and that he/she has the necessary authorizations to use the payment method chosen by him/her. Depending on the type of card, the Buyer enters his/her credit card number, its expiry date as well as the cryptogram code (composed of the three digits located on the back of the bank card) then validates the data or has the option of returning to the previous page.

Credit cards accepted for online payment are cartes bleues (debit cards), Visa and MasterCard credit cards.

Payments made online by credit card shall be made through the Crédit du Nord group's secure Clic & Pay payment system. The payment request is sent in real time to the secure payment system: the bank ensures that the bank card is valid (no entry error, no opposition) and confirms the registration of the payment by issuing a transaction number or informs that the transaction is refused.

After validation of the payment by the banking institution, the order is accepted by the Seller who will confirm acceptance of the order by email to the Buyer.

In the event that the debit of the full price is impossible (in the absence of funds, or in the event of refusal by banking centres), the online sale on the Website shall be immediately and automatically terminated, the order shall be automatically cancelled and the Buyer notified by email.

Until full payment of the order, the Seller remains the owner of the Products ordered by the Buyer.

The risks are transferred to the delivery provider at the time of taking over the shipment of the order, then transferred to the Buyer upon receipt of the order by the latter.

The Seller implements all means to ensure the confidentiality and security of the data transmitted on the Website (see Privacy Policy).

The Crédit du Nord Group alone, through its secure area, has knowledge of the Buyer's banking information. This information does not pass through the babyzen.com website in any way, and the Seller will at no time have knowledge of the information relating to the Buyer's credit card.

In order to fight against Internet fraud, the Seller has chosen to use the 3D Secure system implemented by financial institutions since 1st January 2009.

The principle of this 3D Secure standard is to request additional information, known to the bank and to the cardholder during a transaction. It makes it possible to strengthen the authentication of its clients when making payments on the Internet. This authentication makes it possible to verify that the credit card is indeed used by its legitimate owner.

Concretely, when paying on the babyzen.com website which features the "MasterCard Secure Code" and "Verified by Visa" logos, a new window will appear to request personal information from the payer. This can be the date of birth of the payment card holder or a secret code depending on the Buyer's bank. Checking this entry makes it possible to verify that the Internet user, in the process of paying, is the person associated with the card used.

This authentication is required and any refusal or error in entering the payer's personal information shall result in a cancellation of the transaction.

Furthermore, in the event of fraudulent use of a means of payment, the Seller cannot be held liable.

 

ARTICLE 9: DELIVERY OF THE ORDER

9.1 Delivery method

The Buyer chooses one of the delivery methods offered on the Website when the order is placed  (see page “Delivery & Returns”: https://store-fr.babyzen.com/pages/delivery-returns).

 

Home delivery:

The Buyer has the option of choosing home delivery when placing the order. The products ordered by the Buyer will be delivered to the address indicated by the Buyer as the delivery address on the order concerned.

The Seller delivers to home only in the following countries: Metropolitan France, Belgium, Netherlands and Luxembourg.

When the parcel cannot be delivered in the absence of the Buyer, the Buyer receives a transit notice allowing him/her to collect the package at the place indicated in this transit notice, within the period indicated on the notice.

If the parcel is returned to the Seller for non-delivery of the order to the Buyer and if this inability to deliver results from the Buyer's fault, in the absence of a request for reshipment by the Buyer, the order will be automatically terminated and the latter will be refunded the amount of the order by any means at the Seller's choice within fourteen (14) days from the product return.

If the package is returned for reasons of an incorrect or incomplete address, the Buyer receives a notification of the impossibility of delivery by e-mail asking him/her to provide additional information for a new shipment. The new delivery costs which will have been notified to the Buyer remain at his/her expense. The Seller cannot be held responsible for the delivery of a package to an incorrect address, if this error results from the information provided by the Buyer when placing the order. A new delivery time will be notified upon receipt of additional information relating to the recipient.

 

Delivery – Pick-up Point:

Delivery to Pick-up Points in France. An email or SMS shall be sent to the Buyer upon arrival of the package at the Mondial Relay pick-up point of his/her choice. From the day of delivery, the Buyer may collect the package within a period of fourteen (14) days upon presentation of an identity document. At the end of this period, unclaimed packages shall be returned to BABYZEN.

 

9.2 Delivery address

The Buyer chooses a delivery address necessarily located in a country in the delivery zone, failing with the order will be refused. The Buyer is solely responsible for a failure to deliver due to a lack of indication when ordering.

Any package returned to the Seller because of an incorrect or incomplete delivery address shall be reshipped at the Buyer's request and at the Buyer's expense.

If the Buyer wishes to receive an invoice in addition to his/her order confirmation email, he/she can contact the customer service to make a request via the contact form on the Website.

 

9.3 Delivery Costs

The amount of delivery costs depends on the amount of the order and the delivery method chosen by the Buyer. In any case, the amount of the delivery costs is indicated to the Buyer before the validation of the order  (see page “Delivery & Returns”: https://store-fr.babyzen.com/pages/delivery-returns).

 

9.4 Delivery times

Delivery times are available on the Website  (see page “Delivery & Returns”: https://store-fr.babyzen.com/pages/delivery-returns).

Delivery times are understood in working days and correspond to the average preparation and delivery times of the order. They may be longer depending on the number of orders.

Delivery times run from the date of confirmation of the order by the Seller (subject, however, to confirmation of payment by the Seller's banking organisation).

It is specified that orders placed on the Website on Friday afternoon, Saturday or Sunday are processed the following Monday. Orders placed on the Website on a public holiday are also processed on the following working day.

 

9.5 Late delivery

In the event of late delivery, the order is not cancelled.

The Buyer may enjoin the Seller by email to deliver within a new reasonable period of time, or cancel the order in the case where the delivery date was an essential condition for the Buyer.

If this second deadline is not respected, the Buyer may then decide to cancel the order and will send the Seller a cancellation notice of the order by email.

In the event that the order has not yet been shipped upon receipt by the Seller of the Buyer’s cancellation notice, delivery is blocked and the Buyer is refunded any sums which may have been debited within maximum fourteen (14) days. following receipt of the cancellation notice.

In the event that the order has already been shipped upon receipt by the Seller of the Buyer's cancellation notice, the Buyer may return the products of the cancelled order by following the “Return of Product" process in Article 13.2 and reimbursement shall take place under the conditions referred to in Article 13.3.

 

9.6. Delivery tracking

The Buyer can follow the progress of the order processing in the space reserved for this purpose on the Website.

 

9.7 Reception

As soon as the Buyer (or the recipient) takes possession of the products, the risk of loss or damage is transferred to him/her.

The Buyer is responsible for checking the condition of the packaging as well as the products upon delivery. It is advisable to check the nature, quantity, references and conformity of the products of the order delivered.

In the event of a problem, it is preferable to refuse receipt of the package from the carrier or at the collection point and clearly specify the reasons for the refusal.

 

9.8 Damaged package procedure - Non-conformity product

The Buyer is required to make reservations and complaints in a clear and detailed manner that he/she considers necessary, or even to refuse the package. These reservations must be indicated by the Buyer on the delivery voucher or at the package pick-up point in the event of collection from a pick-up point.

In the event of a damaged package, the Buyer must inform the Sales Administration via the contact form ("Order tracking" section) or by e-mail to the following address: salesadmin.customer@babyzen.com, within three (3) working days, not including public holidays, which follow the date of delivery of the products. This period is extended to ten (10) days in the event that the carrier does not give the opportunity to check the condition of the packaged products.

The Buyer must ensure that the products delivered to him/her correspond to the order. In the event of non-compliance of the products in nature or in quality with the specifications mentioned in the delivery note, the Buyer must inform the Sales Administration via the contact form (“Order follow-up” section) or by e-mail to the following address: salesadmin.customer@babyzen.com   

The Seller will inform the Buyer of the procedure for returning damaged packages or non-compliant products. The products must be returned in their original and complete condition (with all instructions, accessories) as received on delivery, accompanied by the return slip.

 

ARTICLE 10: PRODUCT GUARANTEE

The Seller is subject to the legal guarantee conditions provided for in Articles L. 217 - 4 et seq. of the French Consumer Code and Articles 1641 and 1649 of the French Civil Code:

  • Article L217-4

The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

It is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the contract or has been carried out under its responsibility.

  • Article L217-5

The product complies with the contract:

1 ° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

  • Article L217-6

The seller is not bound by the public statements of the producer or its representative if it is established that he did not know them and was legitimately not in a position to know them.

  • Article L217-7

The lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

For second-hand goods sold, this period is set at six months.

The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.

  • Article L217-8

The buyer is entitled to demand that the product conforms to the contract. However, he cannot dispute the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which it itself supplied.

  • Article L217-9

In case of lack of conformity, the buyer chooses between repair and replacement of the good.

However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other modality, taking into account the value of the product or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.

  • Article L217-10

If repair and replacement of the product is not possible, the buyer can return the product and have the price refunded or keep the product and have part of the price returned.

The same possibility is open to him:

1 ° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint;

2 ° Or if this solution cannot be carried out without major inconvenience for the latter taking into account the nature of the product and the use he seeks.

The resolution of the sale cannot however be pronounced if the lack of conformity is minor.

  • Article L217-11

The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost for the buyer.

These same provisions do not preclude the award of damages.

  • Article L217-12

Action resulting from lack of conformity is time barred two years after delivery of the goods.

The above provisions shall not exclude from enforcing the latent defect guarantee under Articles 1641 et seq. of the Civil Code or any other contractual or non-contractual action as legally recognized.

  • Article L217-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the Civil code or any other action of a contractual or extra-contractual nature which is acknowledged by the law.

Art. 1641 of the Civil Code:

"The seller is bound by the warranty for latent defects in the good sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have given a lower price, if he had known them”.

Art. 1648 of the Civil Code:

“The action resulting from latent defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be discharged from liability for apparent defects or lack of conformity”.

As a consumer, the Buyer may have legal rights under the applicable law governing the sale of consumer goods, and such rights shall not be affected by these General Terms of Sale.

The Buyer is also informed of the existing legal guarantees as applicable in his/her country of residence and subject to national conditions.

The Buyer may exercise these guarantees by sending a request via the contact form ("Customer service" section) or by e-mail to the following address:

hello@babyzen.com

When the Buyer acts under a legal guarantee of conformity, he/she:

* will have a period of two (2) years from the delivery of the item to act;
* may choose between repairing or replacing the item, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
* will be exempt from providing proof of the existence of the lack of conformity of the item during the twenty-four (24) months following delivery of the item.

The legal guarantee of conformity shall apply regardless of the contractual commercial guarantee granted.
The Buyer may also decide to implement the guarantee against latent defects of the item sold within the meaning of Article 1641 of the French Civil code and, in this case, he/she may choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil code.

 

The Buyer is informed of the period during which the spare parts, essential for the use of the products, are available on the market, in the description of the product on the Website. This information is confirmed on the order confirmation when buying a product on the Website.

The contractual guarantee for BABYZEN products and the after-sales service conditions are specified on the Website and are the subject of a written document accompanying the product upon delivery.

The Buyer may exercise this contractual guarantee by sending his/her request via the contact form ("Customer service" section) or by e-mail to the following address: hello@babyzen.com

 

ARTICLE 11: INTELLECTUAL PROPERTY RIGHTS

The Seller's brand BABYZEN, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the products, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design, model and patent which are the property of the Seller.

The content of the Website (technical documents, drawings, photographs, etc.) remains the property of the Seller, the sole holder of the intellectual property rights over this content. Website users agree not to make any use of this content. Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of infringement.

 

ARTICLE 12: CUSTOMER SERVICE

The Seller makes its best efforts to satisfy its clients. However, in the event that a Buyer has a complaint to make, he/she can contact the customer service:

Via the "Contact" form on the Website https://www.babyzen.com/fr/en/contact, selecting "Customer Service"

 

ARTICLE 13: RIGHT OF WITHDRAWAL

 13.1 Withdrawal period - Procedure

The Buyer has, in accordance with the law, a right of withdrawal which he/she can exercise within fourteen (14) calendar days from the receipt or collection of the ordered products by the Buyer or a third party, other than the carrier, designated by him/her, to return them to the Seller for reimbursement.

If the order relates to several goods delivered separately or in the case of an order for a good composed of lots or multiple pieces whose delivery is spread over a defined period, the period for return shall run from the receipt of the last product or lot or the last item.

If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day.

The Buyer may, without giving any reason, return the product(s) purchased within the aforementioned period, the date appearing on the delivery slip acting as evidence.

To exercise the right of withdrawal and make returns, and so that the processing is optimal and rapid, the Buyer must notify the Seller of his/her decision to withdraw to its Customer Service by means of the contact form, in order to obtain a return number (https://www.babyzen.com/fr/en/contact), selecting "Order follow-up", by sending the withdrawal form at the bottom of these General Terms of Sale, or by any other unambiguous statement.

For the withdrawal period to be respected, the Buyer only needs to transmit the request relating to the exercise of the withdrawal right before the expiration of the withdrawal period.

Only the Buyer can exercise the right of withdrawal. This right cannot therefore be exercised by the recipient of the order.

The Seller shall send upon receipt of the request an acknowledgment of receipt (on a durable medium) of the withdrawal by email, assigning a return number to the Buyer and sending him/her a return label.

In accordance with Article L.221-28 of the French Consumer Code, the withdrawal right cannot be exercised for:

  • products which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; 
  • products made to the Buyer's specifications or clearly personalized.

 

13.2 Product return

In the event of withdrawal, the products are returned without undue delay and, in any event, no later than fourteen (14) days after the Buyer has communicated his/her decision to withdraw.

The product must be returned to the address that the Seller will have communicated to the Buyer when assigning the return number or on the return slip.

The products must be returned in their original and complete condition (with all instructions, accessories) accompanied by the return slip.

The Seller reserves the right to refuse any returned item that is spoiled, damaged or depreciated due to handling other than those necessary to establish the nature and characteristics of said item (e.g. extended wear of the item, damaged item, worn item, washed item, ironed item, soiled item, etc.). Only items returned in their original packaging, duly labelled will be accepted.

The responsibility of the consumer can be engaged in the event of depreciation of the products resulting from manipulations other than those necessary to establish the nature, the characteristics and the proper functioning of these products.

In the event of a dispute regarding the return of an order, the Seller will systematically request proof that the Buyer has indeed returned his/her order to the Seller. In order to avoid any dispute relating to the delivery date, the Seller advises its Buyers to make returns with a tracking number.

 

13.3 Refund of the Product

 

In the event of the exercise of the right of withdrawal, the Seller will reimburse the sums paid for the returned item(s).

The reimbursement of the Buyer will be made within fourteen (14) days of receipt by the Seller of the request to exercise the right of withdrawal by the Buyer, provided that the product has been effectively returned to the Seller in accordance with paragraph 13.2 above.

In the event of a refund, the bank account or electronic money account used for the initial payment will then be credited with:

* The amount paid for the returned products; and
* The amount of the initial delivery costs if the return is total.

The refund will be made using the same means of payment as that used for the initial transaction. In any case, the reimbursement will not incur costs for the Buyer.

In the event of a partial return of products, only the delivery costs for the returned products shall be reimbursed by the Seller, excluding the delivery costs for the items retained.

In the event of return, either partial or total, of products that have been the subject of a global promotional offer including one or more gifts, the gifts granted by the Seller relating to the purchase of one or more products must be returned to the Seller. In the event that the Buyer keeps the product(s) offered as part of the overall promotional offer, they will be charged to him/her on the basis of their initial price. An additional invoice will be issued for this reason within fifteen (15) days of the partial return of the products.

In the event of a partial return of products that have been the subject of a global promotional offer including reductions, the products retained by the Buyer will be invoiced on the basis of their initial price, without promotion.

In the event of return of products outside the aforementioned period or in a state not in conformity with that specified in article 13.2 above, the Buyer will not be refunded and will be informed that the products remain at his/her disposal at the warehouse for a period of one (1) month. At the Buyer's request, the products may also be returned to him/her subject to payment of transport costs.

The refund may be deferred until the Seller has received the product or until the Buyer has provided proof of shipment of the product. 

 

ARTICLE 14: RESPONSIBILITY

The Seller is responsible for the proper execution of the obligations resulting from these General Terms of Sale. However, the Seller can exempt itself from liability by providing proof that the non-performance or poor performance is attributable either to the Buyer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case of force majeure.

The performance by the Seller of its obligations under this Contract shall be suspended in the event of the occurrence of a fortuitous or force majeure event which would hamper or delay its performance.

The Seller shall notify the Buyer of the occurrence of such a fortuitous event or force majeure within five (5) days from the date of the occurrence of the event.

When the suspension of the performance of the Seller's obligations continues for a period of more than thirty (30) days, the Buyer has the option of terminating the current order and the Seller will then proceed to refund the order under the conditions referred to in Article 9.

The Seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, outside the diligence and precautions taken by the Seller. In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses cannot engage the responsibility of the Seller.

The Website complies with French law, and in no case does the Seller give any guarantee of compliance with the local legislation which would be applicable, if and when the Website is accessed from other countries.

 

ARTICLE 15: DATA CONFIDENTIALITY

Please note that certain information is mandatory and necessary to process users' actions on the Website. The absence of a response to a mandatory field is likely to compromise the proper follow-up of an order.

The Seller applies the rules described in its Privacy Policy on the Website https://www.babyzen.com/fr/en/privacy-policy 

 

ARTICLE 16: NON-WAIVER

The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these General Terms of Sale cannot be interpreted for the future as a waiver of the obligation in question.

 

ARTICLE 17: GENERAL PROVISIONS

The Website is available in French, English and Dutch languages. The only reference language for these General Terms of Sale is French and only the French text shall prevail in the event of a dispute.

The Buyer recognizes that the different translations into the above languages are provided to make Website navigation easier, and that the language chosen by the Buyer may be different from the language used by BABYZEN regarding product ordering and receipt by the Buyer, which may vary according to the delivery address location provided by the Buyer.

If a particular stipulation of the General Terms of Sale is held to be invalid or declared as such by a decision having the force of res judicata of a competent court or if one of the clauses of the General Terms of Sale would be null following a change of legislation or regulations, the other stipulations shall retain all their force and scope; this can in no way affect the validity and compliance with these General Terms of Sale.

 

ARTICLE 18: COMPLAINTS AND AMICABLE SETTLEMENT OF DISPUTES

Under Article L. 612-1 of the French Consumer Code: "Any consumer has the right to have recourse free of charge to a consumer mediator with a view to the amicable termination of the dispute between him and a professional".

Disputes falling within the scope of Article L. 612-1 of the French Consumer Code are disputes defined in Article L. 611-1 of the French Consumer Code, namely disputes of a contractual nature, relating to the execution of a contract of sale or supply of services, between a consumer and a professional. The text covers national disputes and cross-border disputes.

For any difficulty, we invite you to contact us beforehand or to contact our after-sales service via the contact form https://www.babyzen.com/fr/en/contact, selecting "Customer Service". 

Only complaints relating to the online sale of products shall be taken into account.

In the year following a request to our services, in application of article R. 616-1 of the French Consumer Code, you can have your request examined by a mediator whose contact details shall be found below, knowing that a dispute can only be examined, with some exceptions, by a single mediator:

Monsieur Jean Pierre Pizzio
Fédération du Commerce et de la Distribution (FCD)
12 rue Euler 75008 Paris, France
https://mediateur.fcd.fr/

If you are a consumer living in the European Union, you have the right to submit your complaint with an Alternative Dispute Resolution institution available through the online dispute resolution platform on the following link: https://ec.europa.eu/consumers/odr/.

  

ARTICLE 19: APPLICABLE LAW AND COMPETENCE

These General Terms of Sale and orders placed on the Website are subject to French law, excluding the provisions thereof which may refer to the mandatory enforcement of foreign law. However, French law enforcement shall not deprive the Buyer of the level of protection ensured by the provisions of the applicable binding laws (including in regard to consumer protection) of his/her regular country of residence.  In the event that a dispute arises from this contractual relationship, the parties undertake before any legal action to seek an amicable solution.

Should no amicable solution be found (including following the mediation process as described in Article 18) or should the Buyer wish to bring the complaint or dispute before a court without resorting to an amicable resolution process, the French jurisdictions shall be territorially competent to hear any dispute, unless it is otherwise legally stated that a foreign jurisdiction is mandatorily competent.

 

Withdrawal form

Registered letter with acknowledgment of receipt or email

Dear Sir, Dear Madam,
On [date], I placed an order with you by (phone, mail, Internet) and received delivery on [date].
In accordance with Article L. 221-18 of the French Consumer Code, please note that I wish to exercise my right of withdrawal regarding this order and shall return it to you within the next fourteen (14) days.
Please reimburse me for the sum of (…) euros that I paid you by (bank card, etc.).
Yours faithfully,
(Signature)

 

Last revision: July, 7th 2021