GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS OF SALE VIA THE INTERNET
1 – Scope of Application
The present Terms and Conditions of Sale apply without restriction or reservation to all sales made by the company (hereafter named BATUCADA) to private Customers who wish to acquire products which are available for sale by BATUCADA on their website www.batucada-fashion.fr.
These Terms and Conditions apply over and above all other terms and conditions, in particular those, which are applicable to in store sales or sales via any other means of distribution or marketing.
Under no circumstances whatsoever can any provision be imposed upon BATUCADA which differs from or is contrary to these Terms and Conditions of Sale without explicit and prior agreement on its (BATUCADA’s) part.
All Customer orders imply that the Customer acknowledges having read and accepted the Terms and Conditions of Sale of BATUCADA without reservation prior to placing the order.
The approval of an order by the Seller means that the stated Terms and Conditions of Sale have been accepted without reservation.
2 - Orders
The products are for sale subject to stock availability. Information about the availability of products is provided on the BATUCADA website when the order is being placed.
It falls to the Customer to choose the products he/she wishes to order on the website according to the terms set out on the site.
Subject to irrefutable contrary proof, all information recorded by BATUCADA constitutes the proof of al transactions.
Once the Customer has placed his/her order, an e-mail will be sent to him/her confirming the approval of the order and the dispatch date of the order.
The sale will, however, only be considered concluded after the order confirmation and approval has been sent by BATUCADA and upon receipt of payment for the full sales price.
Any possible changes to the order on the part of the Customer can only be taken into account by the Seller where it is in their power and subject to the former having been addressed to BATUCADA via e-mail at least 5 days before the scheduled dispatch date.
In cases where the changes are duly communicated in the correct form and timescale and where they cannot be accepted by BATUCADA, any payment received from the Customer will be reimbursed within a maximum of 15 days from the date that the customer is notified that his/her changes cannot be accepted.
In cases where Customers cancel orders after approval by BATUCADA for any reason other than force majeure, the sum equivalent to 20% of the total invoice will be paid to the Seller by way payment for, damages incurred by the loss.
3 - Prices
Products are provided according to the prices listed on the website at the time that the order is registered by BATUCADA. Prices are listed in Euros, before and after tax.
These prices are fixed and non-revisable during their validity period, which is indicated on the BATUCADA website. They do not included processing, dispatch, transport or delivery fees, which are invoiced in addition as a supplement.
An invoice is issued and given to the Customer by BATUCADA upon delivery of the products ordered.
4 – Terms of Payment
Full payment is due on the date the Customer places the order via the following payment methods:
- By bankcard: the payment is made directly via the secured banking server of the CIC Bank. Payments by bankcard are debited at the time the Customer places the order.
- Via PayPal: the payment is made directly via the secured banking server of the CIC Bank. Payments via PayPal are debited at the time the Customer places the order.
- By check: the order is then placed on hold for 7 days after BATUCADA has sent the order approval e-mail. In cases of payment by check, the latter will be deposited as soon as it is received.
Orders are approved as soon as the payment is accepted by the bank or once the check has been deposited.
BATUCADA will never be liable to proceed with the delivery of products ordered by the Customer if he/she does not pay the price in full and in accordance to the Terms and timescale set out above.
Payments made by the Customer will not be considered definitive until after the Seller’s actual receipt of the monies due.
In cases of delayed payment of the monies due over and above the timescale stated above, late payment charges calculated at 3 times the statutory rate will be automatically applied by BATUCADA as is their right, without the need of any formality or prior demand and will imply the immediate collection of all monies due by the Customer, without prejudice to any and all other action.
Furthermore, BATUCADA reserves the right, in cases where the above Terms of Payment are not respected, to postpone or cancel delivery of all pending orders placed by the Customer.
5 - Deliveries
Customer-ordered products will be delivered in mainland France within a maximum of 15 days from the date upon which the order is confirmed to the address specified by the Customer at the time of placing the order via the Internet. Notwithstanding special circumstances or the unavailability of one or more of the products, the products ordered will be delivered at the same time. Deliveries are made by an independent courier.
BATUCADA is committed to delivering ordered products within the timescale specified here above, which are only an estimate of delivery times. Consequently, should the timescale be exceeded, no damages or interest may be applied, neither can the Customer cancel or retract the order.
However, if for any reason other than force majeure, the products ordered have not been delivered within 15 days after the provisional delivery date, the sale can be canceled by the Customer in writing or by BATUCADA, and, in such cases, monies paid by the Customer will be refunded in full without delay.
Delivery is deemed to have taken place as soon as the products ordered are passed on by BATUCADA to the courier.
The Customer must check the state of the delivered products and has 3 days from the delivery date to address a registered letter with acknowledgment of receipt to signal any reservations or complaints about the non-conformity or any defect which is apparent in the delivered products, with the necessary, relevant justification.
Failure to do so means that the products are deemed conform to the order and are lacking in any apparent defect and no further complaint can be considered by BATUCADA.
BATUCADA will replace any delivered products which exhibit apparent defects or non-conformity at its own cost and as soon as possible once this has been duly proven by the Customer.
6 - Transfer of Ownership - Risk Transfer
The Transfer of Ownership of the products and the related Transfer of Risk of loss or deterioration will take effect as soon as the products ordered are handed over to the courier, whatever the payment and delivery dates. Products are, therefore, transported at the risk of the Customer, who will be able, in cases where there is damage, to address all complaints to the courier according to the applicable statutory and legal conditions.
7 – Right to withdrawal
According to the application of article L 121-20 of the Consumer Code, the Customer has a right to withdrawal of 7 working days after the delivery date of the products to return the said products to BATUCADA for exchange or reimbursement as long as the products are returned in their original packaging and in perfect condition within 10 days after delivery. Damaged, dirty or incomplete products will not be accepted for return.
Any courier fees fall exclusively on the Customer.
Returns must be accompanied by the invoice and by a return note, available on demand via e-mail.
Any exchange (depending on availability) or reimbursement will be undertaken by BATUCADA within 15 days from the date of receipt of the products returned by the Customer.
8 – Liability of the Seller - Guarantee
In accordance with statutory provisions, products provided by BATUCADA come with the statutory conformity guarantee and the statutory guarantee against hidden defects, caused by a material, design or production defect, which affect delivered products and render them unsuitable for use.
The guarantee does not, however, cover normal wear and tear of the goods, accidents or force majeure, nor does it cover inappropriate use, use of the products differing from the use for which they were intended, incorrect usage, negligence, repairs and/or changes, poor maintenance on behalf of the Customer and any consequent damage.
BATUCADA’s guarantee is limited to the replacement or reimbursement of products which are not up to standard or which are faulty.
The Customer must inform BATUCADA in writing of the application of the guarantee within a maximum of 5 days after the occurrence of any defect, on pain of forfeiture of any necessary action.
BATUCADA will replace or make necessary repairs to products or parts under guarantee which are deemed to be faulty.
The products sold on the Internet site are in conformity with current French legislation. BATUCADA’s liability cannot be incurred if the legislation of the country of delivery is not respected, which the Customer should check him/herself.
Photographs and illustrations accompanying the products on the Internet site have no contractual value and cannot, therefore, incur the liability of BATUCADA.
BATUCADA will not be considered liable nor at fault for any delay or breach caused by a force majeure usually recognized by French jurisprudence.
9 – Data Processing and Freedoms
In accordance with law no. 78-17 dating from 6th January 1978, it must be mentioned that all personal data which the Customer is asked to provide are necessary in order to process the order and to produce the invoice.
Processing of information communicated via the BATUCADA website has been subject to a declaration to the CNIL (the French Data Protection Authority).
In accordance with current national and European regulations applicable on the date of publication, it should be noted that the client has the right to permanent access, modification, rectification, and objection with regard to all information which concerns him/herself.
10 – Intellectual Property
The content of the website is the property of BATUCADA and its partners and is protected by French and international law relating to intellectual property.
Any partial or complete reproduction of this content is strictly forbidden and is liable to be considered a counterfeiting offence.
Furthermore, the Provider remains the owner of all intellectual property rights over all research, designs, models, prototypes, etc., produced (even those, which are at the request of the Customer) with a view to providing a service to the Customer. The Customer, therefore, foregoes all right to reproduction, or use of the said research, designs, models, and prototypes etc., without the prior and express permission in writing from the Provider, who can consider such dependent on financial compensation.
11 – Governing Law - Language
In an explicit agreement between the parties, the present contract is governed by and subject to French law.
It is written in French. In such case as it should be translated, into one or multiple languages, only the French text is legally binding in case of a dispute.
12 - Disputes
All disputes which might arise from the present contract, whether they concern its validity, its interpretation, its execution, its cancellation, any and all consequences and results will be submitted to the sole jurisdiction of the Commercial Court of Saint-Brieuc; the Customer will not be able to claim any exclusion of jurisdiction.
13 - Acceptance of the General Terms and Conditions of Sale by the Customer and Modifications
All orders placed on the BATUCADA website imply full and total acceptance of and adhesion to the present General Terms and Conditions of Sale, which is explicitly acknowledged by the Customer.
These General Terms and Conditions of Sale are available at all times on the Internet site.
Modifications to the General Terms and Conditions of Sale are applicable to users of the site once they have been put online and cannot be applied to previous transactions.