Day Balm - 32g
19.90€
Terms of Sales
1. ABOUT
www.balade-provence.com is published by the company MEDIATIC LABS, 2 RUE BARYE, 75017 PARIS, SAS with capital of €400,004, registered in the Paris trade and companies register under number 402 335 145.
2. INTRODUCTION
The Company encourages its users to carefully read the General Terms and Conditions of Sale and Use. Placing an order implies acceptance of the general terms and conditions of sale and use. The characteristics of the Products are indicated on the Website. It is the customer's responsibility to take these elements into consideration before making a purchase.
The Customer acknowledges having understood and accepted the General Conditions of Sale and Use by checking the appropriate box before placing their Order online.
The General Conditions of Sale and Use establish the conditions under which the Company sells its Products to its Consumers and Business Customers via its Website.
They apply to all sales concluded by the Company and prevail over any contradictory document, in particular the Customer's general purchasing conditions.
They will be sent automatically to any Customer who requests them.
In the event of subsequent modifications to the General Conditions of Sale and Use, the Customer is subject to the latest version at the time of their Order.
3. DEFINITIONS
“Customer” means the Consumer or Professional who has placed an Order for a Product sold on the Website;
“Order” means any order placed by the User on this Website and recorded for this purpose on the Website;
“General Conditions of Sale and Use” means these general conditions of sale and use online;
“Consumer” means a natural person who is a purchaser, not acting for professional reasons and/or outside his or her professional activity;
“Products” are considered physical items that are offered for sale and may be purchased on this Website;
“Professional” means a natural or legal person purchasing in a professional capacity;
“Website” means this website, www.balade-provence.com;
"Society" means
“User” means any natural or legal person who uses this website.
4. REGISTRATION
Registration on the Site is open to any natural or legal person of full age with full legal personality and capacity.
Use of the website is conditional upon user registration. Registration is free.
To register, the User must fill in all mandatory fields; if this is not the case, the registration cannot be completed.
Users guarantee and declare on their word of honor that all information submitted on the Site, particularly during the registration process, is accurate and consistent. They undertake to update their personal information on the dedicated page available in their account.
All registered users have a username and password. These are strictly personal and confidential and must not be communicated to third parties under any circumstances, under penalty of deletion of the account belonging to the offending registered User. Each registered user is personally responsible for the confidentiality of their password. Under no circumstances can the Company be held liable for the identity theft of a User. If a User suspects fraudulent activity at any time, they must contact the Company as soon as possible so that the Company can take the necessary steps to remedy the situation.
Each User, whether a natural or legal person, may only hold one account on the Site.
In the event of non-compliance with the General Conditions of Sale and Use, in particular the creation of multiple accounts by a single person or the submission of false information, the Company reserves the right to temporarily or permanently delete all accounts created by the offending user.
Deleting an account results in the permanent loss of all benefits and services acquired on the Site. However, any Order placed and invoiced by the Website prior to account deletion will be executed under normal conditions.
In the event of deletion of an account by the Company due to a breach of the duties and obligations stipulated in the General Conditions of Sale and Use, the offending User is strictly prohibited from re-registering on the Site, either by using another email address or via an intermediary, without the express prior consent of the Company.
5. ORDERS
Any Order can only be placed once the User has registered on the Site. The User, once logged into his account, can add Products to his virtual Shopping Cart. He can then access a summary of the virtual Shopping Cart in order to validate the chosen Products and complete the Order by clicking on the "Order" button.
He/she must provide an address, a delivery method and a valid payment method in order to finalize the Order and effectively establish a sales contract between him/her and the Company. By finalizing the Order, the User confirms that he/she accepts the price of the Products sold, as well as the delivery terms and times indicated on the Site.
Once the Order has been placed, the User will receive confirmation by email. This confirmation will summarize the Order as well as all relevant information relating to its delivery. Placing an order constitutes the conclusion of a distance selling contract between the Company and the Customer.
The Company may be able to offer the Customer benefits such as price reductions and discounts depending on the number of Products available on the Website that are ordered, or depending on the regularity of Orders placed, in accordance with the conditions established by the Company.
6. PRODUCTS AND PRICES
The Products covered by these General Conditions of Sale and Use are those which appear on the Site and which are directly sold and shipped by the Company.
Product descriptions are located on the relevant page of the Website, with references to all their essential characteristics. Sales are subject to the availability of the Company's stock. The latter cannot be held responsible for any stock shortages, or the impossibility of selling a Product that is out of stock.
When a Registered User wishes to purchase a Product sold by the Company via the Website, the price indicated on the Product page is indicated in Euros, including VAT but excluding shipping costs, and taking into account any applicable discounts in effect on the day of the Order. The price indicated does not include delivery costs, which will be detailed (if applicable) on the summary page before finalizing the Order. If the total cost of the Product cannot be calculated in advance, the Company will send a detailed quote to the Customer, indicating how the price was calculated.
Under no circumstances may the User demand that he benefit from reductions which would no longer be applicable on the day of the Order.
7. PAYMENT TERMS
Unless otherwise stated, all sales are payable upon placing the Order.
Depending on the nature or size of the Order, the Company reserves the right to request a deposit, payment of the full price when placing the Order, or payment upon receipt of the invoice.
Payment can be made by:
Bank card, via a secure connection. Secure payment system (SSL - Secure Socket Layer), such as Paypal, so that the information transmitted is encrypted by software and no third party can access this information during transmission via the network. YesByCash (cash payment procedure). In the event of total or partial non-collection on the date agreed on the invoice, the Professional Client must pay the Company a late payment penalty at a rate equal to the latest rate of the European Central Bank for its refinancing operation, increased by an additional 10 percentage points.
The refinancing transaction to be applied will be the most recent on the date of the Order for the Services.
In addition to late payment penalties, any amount - including the deposit - remaining unpaid by the Professional Client on its due date will give rise to the payment of a fixed penalty of 40 Euros in recovery costs.
In the event of total or partial non-collection on the date agreed on the invoice, the Consumer Customer must pay the Company a late payment penalty at a rate equal to the legal interest rate.
No reimbursement may be made by the Customer between the penalties for late provision of the services ordered and the sums owed by the Customer to the Company for the purchase of the Products offered on the Site.
The penalty owed by the Customer, whether Professional or Consumer, is calculated on the total remaining amount including tax, and takes effect on the payment date without any prior formal notice.
8. DELIVERY
The products will be delivered exclusively to the following geographical areas:
Metropolitan France, Corsica, French overseas departments and territories.
In Europe: all European countries.
The Company undertakes to implement all material and human resources necessary to deliver the Products as quickly as possible. Delivery times may vary depending on the Customer's geographical location, the delivery method chosen or the Product ordered.
If the delivery date is exceeded by 14 days, except in cases of force majeure, the Customer may request termination of the contract by registered letter with acknowledgment of receipt requested, after having asked the Company, in the same manner, to complete delivery within a reasonable time, but in vain.
In this case, the Customer will be reimbursed within 14 days if a payment has already been made.
In the event of delivery failure due to an incorrect address given by the Customer, the Company will contact the Customer as soon as possible to request a new delivery address, with any additional delivery costs being invoiced to the Customer.
Failing this, the Company's liability cannot be invoked for reasons linked to excessive delivery times:
during periods of high demand, such as the holiday season,
for delays caused by force majeure, i.e. due to the occurrence of an unforeseeable and unavoidable event beyond the control of the Company.
for reasons which are the sole responsibility of the shipping company in charge of delivery.
Delivery is made in accordance with the choice made by the Customer and at the prices indicated on the Site, to the address indicated by the Customer when placing the Order, either to a postal address or to a collection point of their choice.
9. REQUEST
For any Order placed on this Website, the Customer reserves the right to make a complaint within 14 days following delivery of the Product. It is the Customer's responsibility to check the apparent condition of the Products upon delivery. Unless expressly communicated reservations upon delivery, the Products will be deemed to comply with the Order.
To exercise this right, the Customer must send a declaration to the Company by email, to the address bonjour@balade-provence.com, in which he expresses his reservations and complaints, in addition to the relevant supporting documents and evidence (proof of delivery countersigned by the shipping service, photographs, etc.)
Any claim that does not comply with the conditions described above cannot be accepted.
The Company will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the physical possibility of repairing the Product or its availability in stock.
10. CUSTOMER’S RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal within 14 days following the date on which the order was placed, with the exception of the products mentioned in article L.121-21-8 of the Consumer Code.
To exercise this right of withdrawal, the Customer must send a notification of withdrawal, using the model provided in the Appendix to the General Conditions of Sale and Use, to the following address: bonjour@balade-provence.com
The Products must be returned in their original packaging and in perfect condition within 14 days of the Consumer notifying the Company of withdrawal. The direct delivery costs involved in returning the Product will be borne by the Customer.
All fees paid when placing the Order will be refunded within 14 days of receipt by the Company of the notice of withdrawal.
The refund will be made using the same payment method used for the purchase.
11. TRANSMISSION OF OWNERSHIP AND RISK
The Company retains ownership rights to the Products sold until full payment by the Customer. The Customer may therefore repossess said Products in the event of non-payment. In these circumstances, any deposit made will be retained by the Company as compensation.
For Professional Customers, the transfer of risks to the Customer takes place as soon as the goods are handed over to the shipping service by the Company. For Consumers, the transfer of risks takes place upon delivery or upon collection by the Customer of the goods, if the Customer has chosen to have the Product delivered to a collection point.
12. LEGAL GUARANTEES
The Products sold on the Site are guaranteed to comply with the provisions of the Consumer Code and the Civil Code, as defined below:
Article L.211-4 of the Consumer Code: "The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he has taken responsibility for it or had it carried out under his responsibility."
Article L.211-5 of the Consumer Code: “To comply with the contract, the product must:
1° be suitable for the use usually associated with such a product and, where applicable:
correspond to the description given by the seller and present the characteristics that the seller presented to the buyer in the form of a sample or model;
have the characteristics that a purchaser could reasonably expect it to have given public statements made by the seller, producer or its representative, including advertising and labeling;
2° or present the characteristics defined by mutual agreement between the parties or meet any specific requirement of the buyer which has been brought to the attention of the seller and to which the latter has consented.
Article 1641 of the Civil Code: “The seller is bound by the warranty covering hidden defects in the item sold which render the item unfit for the use for which it was intended, or which diminish this use to such an extent that the buyer would not have purchased the item or would have paid a lower price if the defects had been known.”
Any Product sold after having been altered, modified or transformed is no longer covered by the warranty.
The latter is limited to the replacement or refund of non-compliant or defective Products. The warranty is void in the event of incorrect or abnormal use of the Product, as well as in the event of non-compliance of the Product with the legislation of the country in which it is delivered.
Replacing a product will not extend the warranty period.
13. MODIFICATIONS
The Company reserves the right to modify the Website, the General Conditions of Sale and Use, and any delivery procedure or other element constituting the services provided by the Company via this Website.
When placing an Order, the User is subject to the conditions stipulated by the General Conditions of Sale and Use in force at the time the order is placed.
14. DATA PROCESSING AND FREEDOMS
In accordance with the law of January 6, 1978, all information requested concerning the Customer is strictly necessary for processing the Order.
This information may be communicated to partners responsible for processing Orders.
These data processing operations have been declared to the CNIL - France.
In accordance with the French Data Protection Act of 6 January 1978, the Client has the right to access, rectify and oppose all his/her personal data at any time by sending an email, attaching proof of identity, to the following address: bonjour@balade-provence.com
15. RESPONSIBILITY
Under no circumstances shall the Company be held liable for the unavailability, whether temporary or permanent, of the Site. While it takes all measures at its disposal to ensure the availability of this service, it may be interrupted at any time. Furthermore, the Company reserves the right, voluntarily, to make the Site unavailable in order to carry out any updates, upgrades or maintenance operations. As mentioned above in these Terms, the Company shall not be liable for reasons related to delivery delays beyond its control, or due to the occurrence of unforeseen and unavoidable events for which no fault can be attributed to it.
16. INTELLECTUAL PROPERTY
The trademark, logo and illustrations on this website have been registered and are protected by copyright, trademark law, designs and/or any other intellectual property rights. The property belongs exclusively to the Company. Any dissemination, exploitation, representation, reproduction, in part or in full, without the prior and express consent of the Company will expose the offender to civil and legal proceedings.
17. CHOICE OF FORUM CLAUSE
These general terms and conditions of sale and use are governed by the laws of France. An amicable solution will be sought to resolve any disputes that may arise between the Company and a User during their execution. If such a solution cannot be found, the disputes will be brought before the competent ordinary courts.
18. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE AND USE
The Customer or User formally accepts the General Conditions of Sale and Use.
The Customer declares to be aware of them and acknowledges that they prevail over any other document, and in particular its general conditions of purchase. The Customer acknowledges having read the information referred to in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular:
the essential characteristics of the product;
the price of the product;
the date or period during which the Company undertakes to provide the Service;
information relating to the identity of the Company (postal address, telephone number, e-mail address);
information relating to legal and contractual guarantees and their conditions of implementation;
the possibility of resorting to conventional mediation in the event of a dispute; information relating to the right of withdrawal (time limit, activation method).
APPENDIX
Appendix to Article R121-1 of the Consumer Code
WITHDRAWAL NOTICE TEMPLATE
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
I am / We are writing () to inform you of my / our withdrawal from the contract for the sale of the item () / for the provision of the services (*) below:
Ordered on () / received on ():
Name of client(s):
Customer(s) address(es):
Signature of the client(s) (only if this form is provided in paper version):
Date:
(*) Delete where applicable.