TERMS AND CONDITIONS OF SALE
ARTICLE 1. PURPOSE
The present conditions of sale aim to define the contractual relationship between Bruno LEHOUX, independent artist, registered with the Maison des Artistes under the number LA 56908 and whose SIRET number is 341 030 351 00041, representing the entity BALEA DESIGN and the purchaser, and the conditions applicable to all purchases made through the BALEA DESIGN merchant site, whether the purchaser is a professional or a consumer. The acquisition of a good or service through this site implies unreserved acceptance by the buyer of these conditions of sale.
BALEA DESIGN reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
ARTICLE 2. TERMINOLOGY
The services offered by BALEA DESIGN on its Internet site, namely the sale of products, will hereinafter be referred to as the “products”, each person wishing to benefit from the products and having satisfied the general conditions provided for in Article 4 will hereinafter be referred to as a “customer”, each company having mandated BALEA DESIGN to sell a product belonging to it on its site will be referred to as a “supplier”, each order placed by a customer under the conditions provided for will hereinafter be referred to as “the order”.
ARTICLE 3. CHARACTERISTICS OF GOODS AND SERVICES OFFERED
The products and services offered are those listed in the catalog published on the site BALEA DESIGN, tab “store” or custom orders, tabs “custom creations”.
The descriptions of products offered by BALEA DESIGN on its site are, within the limits of information provided by suppliers to BALEA DESIGN accurate. However, the information given on each product sheet is indicative and Bruno LEHOUX or BALEA DESIGN cannot be held responsible for any errors. Photographs are not contractually binding. BALEA DESIGN undertakes to make every effort to correct any errors or omissions as quickly as possible after having been informed of them.
All texts and images presented on the BALEA DESIGN website are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden.
ARTICLE 4. VALIDITY PERIOD OF SALES OFFERS
In the event of an order for several products, one or more of which have a delivery time indicated on the product sheet, the entire order will be shipped by default at the end of this delivery time.
In the event of an order for a product that has become unavailable, the customer will be informed of this unavailability as soon as possible, by e-mail or telephone, of the restocking period, the delivery of a partial order or the cancellation of the order. A product substitution may be proposed to the customer, often by telephone; in the event of absence, an e-mail will then be sent. If the product has already been debited at the time the customer is informed of its unavailability, a request for reimbursement of the sums paid will be made: an e-mail will be sent to the customer on this subject. Following this request, the bank account is credited within 14 days, in accordance with current legislation.
ARTICLE 5. PRODUCT PRICES
The “e-boutique” section of our site indicates prices in euros, all taxes included, excluding shipping costs. Shipping costs appear on the screen at the end of the customer’s product selection.
The prices shown in the catalog are inclusive of VAT in euros, taking into account the VAT exemption applicable on the day of the order (Article 293B of the French General Tax Code); any change in the rate may be reflected in the price of products or services. BALEA DESIGN reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the purchaser, provided that the price is serious. The prices indicated do not include the costs of order processing, transport and delivery, provided that they take place in the geographical zones specified below.
ARTICLE 6. ORDERING
Customers can order in two ways:
- On the Internet: https://www.baleadesign.com
or
- By e-mail: contact@baleadesign.com
Customers warrant that they are fully entitled to use the credit card and that the credit card provides access to sufficient funds to cover all costs arising from the use of the products. Only persons legally capable of entering into contracts concerning the goods and services offered on the site may order from the Balea Design site.
By clicking on the button “Finish my order” during the ordering process, the customer declares to accept fully and without reservation the entirety of these General Conditions of Sale. The data recorded by BALEA DESIGN constitutes proof of all transactions between BALEA DESIGN and its customers. BALEA DESIGN will systematically confirm your order and its dispatch by email.
Contractual information is presented in the French language and will be the subject of a confirmation containing this contractual information at the latest at the time of delivery. The prices of our products are indicated inclusive of all taxes and exclusive of shipping and handling costs. BALEA DESIGN reserves the right to refuse any order from a customer with whom a dispute exists.
ARTICLE 7. PAYMENT TERMS
Payment is made by credit card. The customer’s bank account will be debited after a period of 2 days following the date of the order, and the order will be considered effective once the bank payment centers have confirmed their agreement. In the event of refusal by the bank, the order will be automatically cancelled.
Only the Stripe payment service has access to confidential information (card number, validity date), which is inaccessible to third parties.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify and object to all your personal data at any time. To do so, please send a letter, giving proof of your identity, to “BALEA DESIGN – Service Informatique et Libertés – 6 rue de Mégnin, 64600 ANGLET” or send an e-mail to contact@baleadesign.com.
ARTICLE 8. DELIVERY
Products will be sent to the delivery address indicated by the purchaser during the order process, within the agreed geographical area only. Shipping and handling costs include VAT. When a complete order is dispatched, BALEA DESIGN provides an original invoice including delivery costs and VAT in force at the date of the order.
DESTINATION
BALEA DESIGN delivers packages anywhere in France and to European Union countries.
For countries outside the E.U., BALEA DESIGN will study the best shipping solution and any additional costs or customs duties, then propose it to the customer by e-mail for validation before payment and shipping.
The risks are borne by the purchaser from the time the products have left the premises of BALEA DESIGN.
Delivery charges depend on the delivery method chosen, the country of delivery and the weight of the order.
SHIPPING TIMES
Shipping times are indicated on the site for each product. Unless otherwise specified, products are dispatched within 6 weeks of purchase.
Products marked with an additional lead time are pre-order items, so the preparation time is added to the delivery time.
Delivery times correspond to processing and delivery times, which are calculated according to the date of receipt of the goods. These times also vary according to destination, and do not include public holidays or weekends. However, in the event of delivery exceeding 6 weeks, the customer has 60 days from the date indicated for delivery to exercise his right of withdrawal in accordance with the law of January 18, 1992. Once the right to cancel has been exercised, BALEA DESIGN will reimburse the customer within 14 working days.
In the event of partial delivery, this right will only apply to the undelivered balance of the order.
Each delivery is deemed to have been made when the product is made available to the customer by the carrier, as evidenced by the control system used by the carrier. It is the recipient’s responsibility to check shipments on arrival and to make any reservations and claims that appear justified, or even to refuse the package if it is likely to have been opened or if it bears obvious signs of deterioration. Said reservations and claims must be sent by e-mail to contact@baleadesign.com within three working days of delivery of the products, with a photo of the packaging and the shipping carton with the carrier’s label visible.
If the products delivered do not conform in kind or quality to the specifications indicated on the delivery note, the customer must, on pain of forfeiture, make a complaint within three days of delivery.
In the event of delay, breakage or shortage, the customer may contact our Customer Service department via the “Contact” section on the BALEA DESIGN website or via contact@baleadesign.com.
IN THE CASE OF SHIPMENT BY COLISSIMO :
The customer can be informed of this departure by sending an email summarizing the products sent and informing of the tracking number enabling the customer to click or connect to the carrier’s site to find out about its progress.
It then takes 2 to 3 working days to be delivered or to receive a delivery notice in the mailbox. Once the delivery notice has been deposited in the customer’s letterbox, the customer has 15 days to collect the parcel from the post office. If this period is exceeded, the package will be returned to BALEA DESIGN. It is up to the customer to contact BALEA DESIGN for a possible reshipment or refund of the order.
NON-RECEIPT OF PACKAGE
If 5 working days after the parcel has been dispatched, the customer has no news of his order, he can check the carrier’s website with the tracking number entered and contact Customer Service to obtain more information on the delivery status of his parcel.
If neither the post office nor the parcel tracking service (www.coliposte.net) have any trace of the parcel, the customer must contact BALEA DESIGN by e-mail at contact@baleadesign.com.
The Customer Service of BALEA DESIGN will then open an investigation with the services of the Post Office. The customer will then receive an email indicating that an investigation has been opened. The definitive response time from the Post Office varies from one to three weeks, starting from the email sent to the customer.
If the parcel is found, it is then sent to the customer: the reception procedure then follows its normal course (deposit of the parcel or notice of passage, etc.)
If the parcel is declared lost (the definitive answer is often formulated within the maximum delay, i.e. three weeks), BALEA DESIGN then notifies the customer and immediately initiates the return of the order or the reimbursement of the parcel (products and shipping costs), depending on the availability of the product and the customer’s decision.
IN THE CASE OF SHIPMENT BY CARRIER :
In the case of bulky parcels, the parcel is packed and delivered on a pallet to the doorstep or entrance of the building. The carrier and the customer arrange a delivery date together. Delivery can be made throughout the day to the customer’s premises, between 9am and 6pm.
In the event of absence, a delivery notice is left in the letterbox: the carrier’s contact details are then communicated to the customer, who must then arrange an appointment by calling them on the number indicated on the notice.
If the customer does not show up at the appointment time chosen with the carrier, the delivery will be unsuccessful. A second delivery must therefore be scheduled, for which the customer will be invoiced. In the event of the customer’s unavailability on the date initially chosen, the customer must notify the carrier 48 hours before the scheduled date. Otherwise, the appointment cannot be cancelled.
If the carrier is unable to leave a delivery notice (unknown address, door code not communicated…), he will contact BALEA DESIGN to obtain the missing item from the customer. If there is no response from the customer, the parcel will be returned to BALEA DESIGN and a refund will be made.
WITHDRAWAL FROM THE WORKSHOP
BALEA DESIGN offers its customers the possibility of collecting their orders from the workshop by appointment, at 6 rue de Mégnin 64600 Anglet, once they have been informed by email that their orders are available.
Customers have one month from the date of dispatch of the e-mail notification “Ready for collection from workshop by appointment” to collect their parcels.
ARTICLE 9. CUSTOMER RELATIONS / SERVICE
For any information, question or complaint, the customer may contact the company’s Customer Service Department from Monday to Friday, 9am to 1pm and 2pm to 5pm.
Address: BALEA DESIGN, 6 rue de Mégnin 64600 Anglet
Tel: +33 686 48 24 41
e-mail: contact@baleadesign.com
ARTICLE 10 – RIGHT OF WITHDRAWAL
All products sold on the e-shop benefit from the right of withdrawal for 14 days from the date of delivery in accordance with the provisions of the French Consumer Code, article L 121-21, provided that the product has not suffered any damage and is in its original packaging.
In order to facilitate refund processing, all returns must be authorized in advance by BALEA DESIGN with the allocation of a return number and a return slip to be inserted in the box with the returned products. You must therefore inform BALEA DESIGN at the following e-mail address: contact@baleadesign.com
The return will be made to the following address, unless otherwise specified: BALEA DESIGN, 6 rue de Mégnin 64600 Anglet.
The customer exercises his right of withdrawal in accordance with Article L 121-21 of the Consumer Code within 14 days from receipt of goods. This right is exercised by returning the product to BALEA DESIGN. Reimbursement to the customer will be made by bank transfer within 14 days of receipt of goods by BALEA DESIGN, following the exercise of the right of withdrawal.
The right of withdrawal can also be exercised once the order has been placed and before the parcel has been processed logistically. In this case, the order is simply cancelled and we proceed with the refund.
No COD return shipment will be accepted for any reason whatsoever.
This right of withdrawal can never be exercised if the products delivered have clearly been used for a long time (more than a few minutes).
Products must be returned properly protected, in their original packaging, in perfect condition for resale (undamaged, damaged or soiled by the customer), together with any accessories, instructions for use and documentation, to the address indicated above, together with the original sales invoice, a copy of which must be retained by the customer.
Packages will not be accepted if there is no information attached to identify the sender (order number, e-mail address, surname, first name, address).
The costs and risks of returning the product are borne by the sender.
ARTICLE 11 – LEGAL WARRANTY AGAINST HIDDEN DEFECTS
All products supplied by the seller are covered by the legal warranty stipulated in articles 1641 et seq. of the French Civil Code. In the event of hidden defects in a product sold, it may be returned to the seller, who will take it back, exchange it or refund it. All claims, requests for exchange or refund must be made by email to contact@baleadesign.com or by post to the following address: BALEA DESIGN, 6 rue de Mégnin 64600 Anglet.
ARTICLE 12. LIABILITY
In the online sales process, the seller is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems.
ARTICLE 13. INTELLECTUAL PROPERTY
All elements of the BALEA DESIGN site are and remain the exclusive intellectual property of BALEA DESIGN. No one is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio. Any simple link or hypertext link is strictly forbidden without the express written consent of BALEA DESIGN.
ARTICLE 14. PERSONAL DATA
The information collected or processed during your navigation on the BALEA DESIGN site is subject to data processing intended for BALEA DESIGN, its subcontractors and partners, in order to improve the services offered, process your requests, facilitate your navigation and registration and inform you of offers and news from BALEA DESIGN, unless you object.
The recipients of the data are BALEA DESIGN, its subcontractors and partners.
In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the site has been registered with the CNIL (Commission Nationale Informatique et Libertés) under no. 1655260 v 0. In accordance with this law, you have the right to access, modify and delete your personal data.
In the event of transfer or use of personal data by third parties, BALEA DESIGN undertakes to inform the user beforehand in order to allow him to exercise his right of opposition. BALEA DESIGN may also provide consolidated statistics relating to its customers, sales, trade patterns and information on the site to trusted third parties, but these statistics will not contain any personal data.
The present article shall not prevent the assignment or transfer of activities to a third party. Consequently, in accordance with the French Data Protection Act of January 6, 1978, the customer may exercise his right of access to the file and his right to rectify or delete information concerning him by sending his request (indicating e-mail address, surname, first name, postal address), by e-mail to contact@baleadesign.com or by post to the following address: BALEA DESIGN, 6 rue de Mégnin 64600 Anglet
In accordance with the French Data Protection Act of January 6, 1978, amended in 2004, you have the right to access and rectify any information concerning you. You can exercise this right by contacting us and enclosing a copy of your identity document with your request by post: BALEA DESIGN, Service Communication, 6 rue de Mégnin 64600 Anglet .
You may also, for legitimate reasons, object to the processing of your personal data.
You can also access your personal information and make any necessary corrections directly on the site by logging into your account.
Finally, you can also unsubscribe from newsletters offered by BALEA DESIGN by clicking on the link provided at the bottom of the page in the last newsletter received.
Furthermore, your bank details are never in our possession, except in the case of an e-mail order and payment by bank transfer. Transactions are processed entirely by the Stripe or Paypal payment solutions.
ARTICLE 15 – ARCHIVING
BALEA DESIGN will archive purchase orders and invoices on a reliable and durable support constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of BALEA DESIGN will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 16 – LIABILITY – DISPUTES – APPLICABLE LAW
The photographs and texts reproduced and illustrating the products presented are not contractual. Consequently, BALEA DESIGN cannot be held responsible in the event of an error in one of these photographs or texts.
BALEA DESIGN cannot be held responsible for any damage of any kind, whether material, immaterial or physical, which may result from malfunction or misuse of the products sold. The same applies to any product modifications resulting from suppliers.
Certain unprotected materials, such as bronze, gilding or copper leaf, require meticulous maintenance. Some materials and types of wood are not suitable for outdoor use.
We therefore recommend that you follow the recommendations for use and maintenance specified in each technical data sheet.
Consequently, BALEA DESIGN accepts no liability for use contrary to the stipulated recommendations.
The responsibility of BALEA DESIGN will, in any event, be limited to the amount of the order and can not be held liable for simple errors or omissions that may occur despite all precautions taken in the presentation of products.
BALEA DESIGN shall not be liable to a customer or a third party for any indirect damage, loss of business, profit or turnover, arising in any way whatsoever, even if such damage, loss or prejudice was foreseeable by BALEA DESIGN, or if its possibility had been brought to its attention.
Without limiting the foregoing paragraphs, BALEA DESIGN’s liability under these terms and conditions shall not exceed an amount equal to the sums paid or payable in the transaction giving rise to such liability, regardless of the cause or form of action involved.
BALEA DESIGN cannot be held responsible for the non-execution of the contract concluded in case of stock shortage or unavailability of the product, force majeure, disturbance or total or partial strike in particular of the postal services and means of transport and/or communications, flood, fire.
In the event of a dispute, the customer should first contact BALEA DESIGN for an amicable solution. Failing this, the courts of Bayonne shall have sole jurisdiction, regardless of the place of delivery and method of payment accepted.
These general terms and conditions of sale in French shall be executed and interpreted in accordance with French law. Any dispute arising from their validity, interpretation or execution shall be submitted to the Courts of Bayonne, to which exclusive jurisdiction is expressly granted.
BALEA DESIGN reserves the right to modify the general terms and conditions of sale. Customers who do not wish the contractual relationship to be governed by the new version of the general conditions of sale must notify BALEA DESIGN and, from the date on which the new version takes effect, they must cease to use the services of BALEA DESIGN. In the event that any of the terms of the general conditions of sale should be considered illegal or unenforceable by a court decision, the other provisions shall remain in force.