WARRANTY POLICY
GENERAL TERMS AND CONDITIONS OF SALE
Date:
These general terms and conditions of sale (hereinafter the "General Terms and Conditions") apply to any purchase made by an Internet user / natural person (hereinafter the "CUSTOMER") on the website http://www.beaba.com (hereinafter the "WEBSITE") from BEABA, SAS registered in the Bourg en Bresse Trade and Companies Register under number 352 684 377, having its registered office at21 rue du Moulin, 01100 Bellignat, France.
Tel: +33 (0)806 80 92 00 — e-mail: sav@beaba.com (hereinafter the "VENDOR").
Article 1. Definitions
The terms used below have the following meaning in these General Conditions:
- "CUSTOMER": refers to the SELLER's co-contractor, who guarantees to be a consumer as defined by French law and jurisprudence. In this respect, it is expressly stipulated that this CUSTOMER is acting outside of any usual or commercial activity.
- "DELIVERY": refers to the first presentation of the PRODUCTS ordered by the CLIENT at the delivery address indicated at the time of ordering.
- "PRODUCTS": refers to all the products available on the SITE.
- "TERRITORY": refers to Metropolitan FRANCE and Monaco (excluding DOM/TOM).
Article 2. Purpose
These Terms and Conditions govern the sale of PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from distinct contractual conditions.
Article 3. Acceptance of the General Conditions and pre-contractual information
3.1. Acceptance of the General Conditions
The CUSTOMER undertakes to read these General Terms and Conditions carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.
These Terms and Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER has the option of requesting that the General Conditions be sent to him/her by e-mail. The CUSTOMER is invited to carefully read, download and print the General Conditions and to keep a copy, it being specified that the saving, editing or copying of this document is the sole responsibility of the CUSTOMER, as these General Conditions may be subject to change. The SELLER advises the CUSTOMER to read the General Conditions with each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
Furthermore, these General Conditions must be validated by the CUSTOMER before any purchase. By clicking on the first button to place the order and then on the second to confirm the said order, and by ticking the box "I accept and acknowledge that I have read all of the (BEABA General Terms and Conditions of Sale)", the CLIENT acknowledges that it has read, understood and accepted the General Terms and Conditions without limitation or condition.
3.2. Pre-contractual information
The CLIENT acknowledges that, prior to placing an order and concluding the contract, it has been provided, in a legible and comprehensible manner, with these General Terms and Conditions and with all of the following information:
- the essential characteristics of the PRODUCTS;
- the price of the PRODUCT and of the transport costs;
- the DELIVERY time;
- information on the identity of the SELLER, his postal, telephone and electronic contact details and his activities;
- information on the right of withdrawal, on legal guarantees, on the functionalities of the digital content and its interoperability;
- the possibility of having recourse to a consumer mediator.
Article 4. Purchase of PRODUCTS on the SITE
In order to purchase a PRODUCT, the CLIENT must be at least 18 years old and have the legal capacity or, if he/she is a minor, be able to prove the agreement of his/her legal representatives.
The CUSTOMER will be asked to provide identifying information by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be filled in for the CLIENT's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail at sav@beaba.com to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information provided.
Article 5. Orders
Article 5.1 Characteristics of the products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CLIENT must receive under the applicable law (in these General Conditions).
The CLIENT undertakes to read this information carefully before placing an order on the SITE.
Unless otherwise expressly indicated on the SITE, all PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's homepage, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CLIENT shall select the PRODUCT(S) of his choice by clicking on the PRODUCT(S) concerned and choosing the desired characteristics and quantities. Once the PRODUCT is selected, the PRODUCT is placed in the CLIENT's shopping cart.
The CLIENT may then add as many PRODUCTS as he/she wishes to his/her basket.
On the SITE, at any time, the CLIENT may :
- obtain the details of the PRODUCTS they have selected, by clicking on "View my basket",
- continue his selection of PRODUCTS by clicking on "Continue shopping",
- complete their selection of PRODUCTS and order these PRODUCTS by clicking on "Order".
5.2.2. Orders
Once the PRODUCTS have been selected and placed in the shopping cart, the CUSTOMER must click on the shopping cart and check that the contents of the order are correct.
If the CUSTOMER has not yet done so, he/she will then be invited to identify himself/herself or to register.
Once the CUSTOMER has validated the contents of the basket and logged in/registered, an online form will be displayed, automatically filled in, summarising the price, the applicable taxes and, if applicable, the delivery charges.
The CLIENT is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the DELIVERY address, the billing address, the means of payment and the price), the DELIVERY period according to the chosen DELIVERY method, before validating its content. The CUSTOMER may correct any errors before confirming the order.
After validating the content of the order, and once all the information requested has been completed by the CUSTOMER, the latter will tick the box accepting these General Terms and Conditions of Sale and will click on "Confirm order". The validation of the order includes the words "Order with payment obligation".
This second click constitutes an electronic signature. This signature has the same value and commits the CLIENT as a handwritten signature. The order form will be recorded on the SELLER's computer registers, which are themselves kept on a reliable and durable medium and will be considered as proof of the CLIENT's commitment.
The CLIENT may choose the method of payment he/she wishes, among those offered by the SELLER, and may then proceed to the payment of the PRODUCTS by following the instructions on the SITE and providing all the information necessary for the invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all information necessary to process the order. The CUSTOMER must also select the delivery method chosen.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page appears on the SITE to acknowledge receipt of the CLIENT's order. A copy of the acknowledgement of receipt of the order (order confirmation) is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct, which materializes the conclusion of the sales contract.
The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER shall enter the information required for invoicing (the sign (*) shall indicate the mandatory fields that must be filled in for the CUSTOMER's order to be processed by the SELLER).
In particular, the CUSTOMER must clearly indicate all information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must then specify the chosen method of payment.
Neither the order form that the CUSTOMER draws up online, nor the acknowledgement of receipt of the order that the SELLER sends to the CUSTOMER by e-mail, constitutes an invoice. Regardless of the method of order or payment used by the CLIENT, the printable invoice will be available in the CLIENT's customer area under the heading "My Orders" and the CLIENT will receive the shipping note upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only start to run from this date (with the exception of the right of withdrawal).
5.4. Prices
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery charges (depending on the price of the basket, the DELIVERY address and the carrier or mode of transport chosen, in accordance with Appendix 2). The price indicated in the acknowledgement of receipt issued by the SELLER is the final price and includes transport and DELIVERY costs.
The prices include in particular the value added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date the new rate comes into effect. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They may also be modified in case of special offers or sales. The prices indicated are valid, except in the event of a gross error. The applicable price is the one indicated on the SITE on the date the order is placed by the CLIENT.
5.5. Availability of PRODUCTS
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. The CLIENTS may also be informed of the restocking of a PRODUCT by the SELLER.
The SELLER updates very frequently the availability on the SITE, but shall not be held responsible if the stock is not identical to the one indicated on the SITE. In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CLIENT without delay if the PRODUCT is unavailable.
The SELLER may, at the CLIENT's request :
- either offer to ship all PRODUCTS at the same time, as soon as the OUT OF STOCK PRODUCTS are available again,
- or proceed with a partial shipment of the available PRODUCTS at first, and then with the shipment of the rest of the order when the other PRODUCTS are available, subject to clear information concerning the additional transport costs that may be incurred,
- or, offer an alternative PRODUCT of equivalent quality and price, accepted by the CLIENT.
If the CLIENT so desires, he may request the cancellation of the order. If the CLIENT decides to cancel the order of unavailable PRODUCTS, he/she will obtain a refund of all sums paid for the unavailable PRODUCTS at the latest within fourteen (14) days of payment.
Article 6. Right of withdrawal
The terms and conditions of the right of withdrawal are set out in the section "Terms and conditions for exercising the right of withdrawal", available in Annex 1 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 7. Payment
7.1. Payment methods
The CUSTOMER may pay for PRODUCTS online on the SITE by the means offered by the SELLER, namely: by credit card (CB, Visa, MasterCard) or PayPal.
The CUSTOMER guarantees the SELLER that he/she holds all the authorizations required to use the chosen means of payment. The SELLER will take all necessary measures to guarantee the security and confidentiality of data transmitted online in the context of online payment on the SITE.
In this respect, it is specified that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the case of a single payment by credit card, the CLIENT's account will be debited as soon as the PRODUCTS are ordered on the SITE.
In case of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is shipped. If the CLIENT decides to cancel the order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these Terms and Conditions.
7.3. Delay or refusal of payment
If the CUSTOMER's bank refuses to debit a card or other means of payment offered by the SELLER on the SITE, or if, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
Article 8. Proof and Archiving
Any contract concluded with the CUSTOMER corresponding to an order of more than 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and to produce a copy of the contract at the CLIENT's request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
THE TRANSFER OF OWNERSHIP OF THE ORDERED PRODUCTS TO THE BENEFIT OF THE CLIENT WILL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE LATTER.
The above provisions do not prevent the transfer to the CLIENT, upon receipt by the CLIENT or by a third party designated by the CLIENT other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage that they may cause.
Article 10. Delivery
The terms of DELIVERY of PRODUCTS are set out in the "Delivery Policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
Article 11. Packaging
The PRODUCTS will be packaged in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CLIENTS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Annex 1 - Terms and conditions for exercising the right of withdrawal.
Article 12. Guarantees
The PRODUCTS supplied by the SELLER benefit, in accordance with legal provisions :
- the legal guarantee of conformity under the conditions of articles L.217-4 and following of the Consumer Code,
- the warranty against hidden defects resulting from a material, design or manufacturing defect affecting the PRODUCTS delivered and rendering them unfit for use, under the conditions provided for in Articles 1641 et seq. of the Civil Code.
12.1. Legal warranty of conformity
Article L.217-4 of the French Consumer Code: "The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility".
Article L.217-5 of the Consumer Code: The goods conform to the contract:
- If it is fit for the purpose 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 seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the attention of the seller and accepted by the latter.
12.2. Guarantee of hidden defects
Article 1641 of the Civil Code: "the seller is bound by the guarantee for hidden defects in the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them".
Article 1648 paragraph 1 of the Civil Code: "the action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity".
12.3. Enforcement
Any claim under the legal warranty of conformity or latent defects must be made to the SELLER (Address: 21 Rue du Moulin, 01100 Bellignat, France — Tel: +33 (0)806 80 92 00 — e-mail: sav@beaba.com) as guarantor of the conformity of the PRODUCTS to the contract.
12.3.1. Legal warranty of conformity
12.3.1.1. The CLIENT shall have a period of two (2) years to act, starting from the delivery of the PRODUCT.
The CLIENT may choose between repair and replacement of the PRODUCT, provided that this choice does not entail a manifestly disproportionate cost, taking into account the value of the PRODUCT or the importance of the defect. The Vendor shall then proceed, unless this is impossible, according to the method chosen by the CLIENT.
12.3.1.2. The CLIENT shall not be required to prove the existence of a lack of conformity of the PRODUCT during the twenty-four (24) months following delivery of the PRODUCT.
The legal warranty of conformity shall apply independently of any commercial warranty that may have been granted.
12.3.2. Warranty for hidden defects
If the CLIENT decides to invoke the warranty of latent defects as defined in Article 1641 of the Civil Code, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In the event that a replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within 30 days upon receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the above address.
Article 13. Liability
The SELLER shall not be held liable in case of non-performance or improper performance of the contractual obligations attributable to the CLIENT, in particular when entering the order.
The SELLER shall not be held responsible, or considered to have failed to comply with the present terms and conditions, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts.
It is furthermore specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, the SELLER excludes all responsibility for the information published on these sites. Links to third-party websites are provided for information purposes only and no guarantee is given as to their content.
Article 14. Personal data
The SELLER collects on the SITE personal data about its CUSTOMERS, including through cookies in accordance with its privacy policy in force. CUSTOMERS may deactivate cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CUSTOMER's account, analyse orders, manage any disputes that may arise, and improve the services offered by the SELLER, and, to send the CUSTOMER commercial prospecting mail, newsletters, promotional offers and/or information on special sales of similar products or services, unless the CUSTOMER has objected.
The CUSTOMER's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law.
CUSTOMERS may at any time unsubscribe from the list of offers received by e-mail by accessing their account or by clicking on the hyperlink provided for this purpose at the bottom of each offer received by e-mail. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer to its commercial partners the names and contact details of its CUSTOMERS, provided that the latter have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed for the purposes specified at the time of consent. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.
The CUSTOMER's personal data will be kept for the time necessary to achieve the purposes described above. However, personal data used to establish proof of a right or a contract, or kept to comply with a legal obligation, are archived intermediately for a period not exceeding the time required for the above-mentioned purposes. Personal data used for commercial prospecting purposes are kept for a period of three years from the end of the commercial relationship or from their collection.
In accordance with the law n°78-17 of 6 January 1978 relating to information technology, files and freedoms, amended by the law n° 2018-493 of 20 June 2018 relating to the protection of personal data resulting from the European General Regulation on the protection of personal data, the CUSTOMER benefits from a right of access, rectification, deletion, opposition to processing, limitation, portability of his personal data or to lodge a complaint or post-mortem directives. He may exercise these rights by visiting his customer area (https://www.beaba.com/fr/mon-compte), by sending an e-mail to rgpd@beaba.com or by sending a letter to BEABA, 21 rue du Moulin, 01100 Bellignat, France.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document or by sending the SELLER a photocopy of his identity document.
The CUSTOMER is invited to visit the following page https://www.beaba.com/fr/content/10-politique-de-confidentialite, in order to obtain detailed information on the SELLER's privacy policy in force.
Article 15. Complaints
The SELLER provides the CUSTOMER with a "Customer Telephone Service" on the following number: +33 (0)806 80 92 00.
Any written complaint by the CUSTOMER must be sent to BEABA, 21 rue du Moulin, 01100 Bellignat, France.
Article 16. Intellectual property
The content of the SITE, all visual and sound elements of the SITE, including the underlying technology used, as well as the intellectual property rights on the PRODUCTS, and in particular the trademarks affixed to them, are protected by French and international laws relating to intellectual property. Any person who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorisation from the SELLER will in no case be granted on a permanent basis. This link must be removed at the request of the SELLER. Hypertext links to the SITE using techniques such as framing or in-line linking are strictly prohibited.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 17. Validity of the General Conditions
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions shall not affect the validity of these General Conditions. Such a modification or decision does not authorise CLIENTS to disregard these General Conditions.
The present General Conditions, including the annexes, as well as the order summary sent to the CLIENT form a contractual whole and constitute the entire contractual relationship between the parties.
Any conditions not expressly dealt with herein shall be governed in accordance with the practice of the retail sector, for companies whose registered office is located in France.
Article 18. Modification of the General Conditions
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The General Conditions applicable are those in force at the time of the order. Changes to the Terms and Conditions will not apply to PRODUCTS already purchased.
Article 19. Jurisdiction and applicable law
19.1. Applicable law
These General Terms and Conditions and the relationship between the CLIENT and the SELLER are governed by French law.
19.2. Settlement of disputes
In the event of a dispute, an amicable solution will be sought between the parties.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning "the mediation process for consumer disputes", the customer has the right to have recourse free of charge to the mediation service proposed by BEABA. The mediator thus proposed is the CM2C. This mediation service can be reached by :
- electronically: www.cm2c.net ;
- or by post: CM2C - Centre de la Médiation de la Consommation de Conciliateurs de Justice - 14 rue Saint Jean, 75017 Paris.
The CUSTOMER may also submit any complaints on the European Commission's online dispute resolution platform at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the CLIENT's complaint to the notified competent national mediators.
If no agreement is reached within two (2) months of the notification of the dispute to the other party, all disputes to which these General Conditions may give rise, concerning their validity, interpretation, execution, termination, consequences and consequences, will be submitted to the competent courts under the conditions of common law.
Article 20. Eco-contributions and Unique Identifiers
20.1. Eco-contributions
In accordance with current regulations, an environmental contribution (“eco-contribution”) is charged to the Customer when purchasing a new product. It is used to finance the establishment of a network for the recovery of used products through reuse, recycling, or energy recovery. The amount varies depending on the product and the type of treatment it requires. The amount is indicated on each product sheet, separately from the product price.
20.2. Unique identifiers
For the treatment of products and waste, our Company is a member of various eco-organizations that organize and coordinate waste collection.
In accordance with current regulations, our Company's unique identifiers are as follows:
| Extended producer responsibility | Organization | Unique Identifier |
|---|---|---|
| DEEE / WEEE | Ecologic | FR000317_05YXDF |
| Ameublement / Furniture | Ecomobilier | FR030495_10ZLAJ |
| Emballage / Packaging | Citéo | FR21622_01KWMF |
| Piles – batteries / Batteries | Screlec | FR000317_06RDT9 |
| Jouet / Toys | Ecomobilier | FR212622_12VAZL |
| Textile / Textiles | Re-fashion | FR000317_11CQXY |
ANNEX 1 : PROCEDURES FOR EXERCISING THE RIGHT OF WITHDRAWAL
Right of withdrawal
The CLIENT shall have the right to return or restitute the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days following the communication of his decision to withdraw, unless the SELLER offers to collect the PRODUCT himself.
Withdrawal period
The withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
If the CLIENT has ordered several PRODUCTS in a single order resulting in several DELIVERIES (or in the case of an order of a single PRODUCT delivered in several batches), the withdrawal period shall expire fourteen (14) calendar days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
Notification of the right of withdrawal
To exercise his right of withdrawal, the CLIENT shall notify his decision to withdraw from this contract by means of an unambiguous statement using the following form : Withdrawal Form .
The model withdrawal form can be filled in directly online, available in the footer of the website www.beaba.com under the heading "OUR SERVICES".
In order for the withdrawal period to be respected, the CLIENT must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CLIENT, the SELLER undertakes to reimburse all sums paid, including delivery costs (with the exception of additional costs arising from the fact that the CLIENT has chosen, where applicable, a method of delivery other than the less expensive standard method of delivery proposed by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER is informed of the CLIENT's desire to withdraw.
The SELLER will make the refund using the same means of payment that the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs for the customer.
The SELLER may postpone the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever comes first.
Terms of return
BEABARetour E-commerce
Box n°1
295, rue de la Prairie
01100 GROISSIAT
France
The CUSTOMER may return the product(s) by means of a standard parcel or the packaging in which he/she received his/her order. The product(s) must be in their original packaging, without having been worn, used or damaged.
To facilitate processing, the CUSTOMER may indicate the order number on the packaging.
Return costs
The CUSTOMER shall bear the direct costs of returning the goods, unless they cannot be returned normally by post due to their nature.
Condition of the returned good
The PRODUCT must be returned according to the SELLER's instructions and include all the accessories delivered.
The CLIENT shall only be liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. In other words, the CLIENT may test the PRODUCT, but may be held liable for any manipulations other than those necessary.
Exclusions from the right of withdrawal
- Supply of goods made to the CLIENT's specifications or clearly personalised
- Supply of goods that are likely to deteriorate or expire quickly
- Supply of goods which by their nature are inseparably mixed with other items
- Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- Supply of digital content not supplied in dematerialized form if performance has begun with the express prior consent of the consumer, who has also acknowledged that he will thereby lose his right of withdrawal
ANNEX 2 : DELIVERY POLICY
Delivery area
The PRODUCTS offered can only be delivered within the TERRITORY (metropolitan France and Monaco). We do not deliver to overseas territories or French islands.
It is impossible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS are shipped to the delivery address(es) indicated by the CLIENT during the ordering process.
Shipping time
The time required to prepare an order and then issue an invoice, before shipping the PRODUCTS in stock, is 48 hours from the time the CLIENT places the order. These times do not include weekends or public holidays.
An e-mail message will automatically be sent to the CLIENT when the PRODUCTS are dispatched, provided that the e-mail address entered in the registration form is correct.
Delivery times & costs
During the ordering process, the SELLER indicates to the CLIENT the possible delivery times and shipping options for the PRODUCTS purchased. The shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs
- For an order from 1 to 4€ including VAT: shipping costs of 1.66€ including VAT
- For an order of 4.01€ to 12€ including VAT: shipping costs of 3.33€ including VAT
- For an order of 12.01€ and more including VAT: shipping costs of 5.75€ including VAT
- Shipping is free for all orders over 70€ including VAT.
In general, all packages are sent via So Colissimo. However, BEABA reserves the right to select another shipping method for reasons of time, weight and value of the order. The selection of another shipping method by BEABA may not under any circumstances call into question the payment of the buyer's contribution to the shipping costs.
Delivery time
For all products, delivery takes 4 to 5 working days (subject to stock availability, in accordance with article 5), from the confirmation of your order by our after-sales service.
This is an average time depending on the destination and availability of the item. The CUSTOMER is informed of the DELIVERY date set at the time he/she chooses the carrier, at the end of the online ordering process, before confirming the order. The SELLER undertakes to make its best efforts to deliver the ordered PRODUCTS within the specified time.
In accordance with the provisions of Articles L.216-1 et seq. of the French Consumer Code, if the PRODUCTS ordered have not been delivered by the delivery date, for any reason other than force majeure, the sale may be cancelled at the CLIENT's written request if, after having instructed the SELLER to make the delivery within a reasonable additional time, the SELLER has not done so within that time. The sums paid by the CUSTOMER will then be returned to him by bank transfer within a maximum of fourteen (14) days from the date on which the contract was terminated, to the exclusion of any compensation or deduction.
Except in special cases or when one or more PRODUCTS are unavailable, the PRODUCTS ordered will be delivered at once.
Delivery problems
It is specified that deliveries will be made within the period specified at the time of the order and, in any event, within thirty (30) days maximum. In the event of failure to deliver on time, the CUSTOMER may terminate the contract in accordance with the paragraph "delivery time" above.
The SELLER shall be responsible until the PRODUCT is delivered to the CLIENT or by a third party designated by the SELLER other than the carrier.
GENERAL TERMS AND CONDITIONS APPLICABLE FROM 1 APRIL 2018 AND VALID ON THE MOBILE APPLICATION AND THE WEBSITE
Preamble
BEABA & Moi is an application for tablets and smartphones dedicated to accompanying parents at all times during their life with their baby. It offers non-medical advice on nutrition, information on events, promotions and new products from the BEABA brand, as well as functions allowing users to activate product guarantees and contact customer service.
These terms and conditions of use govern the use of the BEABA & Moi application available on smartphones and tablets.
They are applicable between:
BEABA, SAS registered in the Bourg-en-Bresse Trade and Companies Register under number 352 684 377, having its registered office at 21 rue du Moulin, 01100 Bellignat, France
Tel: +33 (0)806 80 92 00
E-mail: sav@beaba.com
Hereinafter referred to as “BEABA”,
and
Any natural person of legal age who uses the BEABA & Moi application on a personal basis,
Hereinafter referred to as the “USER”.
BEABA and the USER are hereinafter jointly referred to as the “Parties”.
1. Definitions
- APPLICATION: means the BEABA & Moi application consisting of a computer program, its contents and any associated updates and documentation developed and provided by BEABA to offer the Services to Users.
- GCU: means these General Conditions of Use as well as their appendices and any subsequent amendments.
- CONTENT: means any audio, video, photo, image, text, information, recipe or general content and/or IT element, including but not limited to texts, images, databases, logos, graphics, structures, software code, BEABA trademarks and brand elements, protected or not by intellectual property rights, communicated on or through the Application.
- NEWSLETTERS AND NOTIFICATIONS: means the newsletter service included in the Application allowing Users to receive, via email or push notifications, information on BEABA products, news and brand updates.
- PARTNER(S): means any natural or legal person offering goods and/or services to Users on the Application through a partnership with BEABA.
- RECIPES: means step-by-step recipes, photos or videos, including BEABA Recipes and User Recipes, that can be downloaded free of charge or for a fee.
- BEABA RECIPES: means proprietary BEABA recipes in text, photo, or video form, which the User may download free of charge or for a fee.
- USER RECIPES: means recipes created and uploaded by Users, subject to prior moderation by BEABA.
- SERVICES: means all services, functions and features offered by BEABA on the Application, whether free or paid, excluding third-party services offered by AppStore, Google Play or Partners.
- CONFIRMED USER: means a User providing extended personal data to access advanced services such as recipe customisation, nutritional guidance, portion recommendations, and personalised shopping lists.
2. Acceptance
The User declares that he/she has read and expressly and unconditionally accepted the GCU in force on the day of access to the Application. Any use of the Application constitutes full acceptance of the GCU.
If the User rejects all or part of the GCU, he/she renounces all use of the Application. BEABA reserves the right to modify the GCU at any time. It is the User’s responsibility to consult the updated version regularly. Continued use of the Application after modification constitutes acceptance of the new GCU.
3. Personal data policy
Data is collected and processed under the conditions defined in our privacy policy available at: http://nutrition.beaba.com/pdf/pc_fr_FR.pdf.
4. Description of the Application
The Application offers four main categories of Services:
Recipes functionality
- Consultation of recipes for children by season and age group, as well as recipes for pregnant women.
- Community interaction: ability to create, rate, comment on, and share recipes, including BEABA and User recipes.
- Customisation of recipes based on the child’s age, allergies, and diet, including portion sizes, nutritional data, and tips.
- Daily assistance tools: personalised menu suggestions, integrated shopping lists (editable, sendable, and available offline).
News functionality
- Manage communication preferences with the BEABA brand.
- Follow BEABA brand news across platforms (Facebook, website, etc.).
After-sales service functionality
- Activate product warranties directly via the Application.
- Contact BEABA after-sales service, including callback request functionality.
Store Locator functionality
Locate physical points of sale via postcode search or geolocation activation.
Each User can access their personal “Profile” page to enter the data necessary for the Application’s operation.
5. Creation of an account
Only natural persons of legal age who have completed the registration form (“Register” page) or connected via Facebook/Google may create a User account.
Users must ensure that the information provided is accurate, complete, and up to date, and must update it if necessary. They may also add, modify, or delete a profile photo at any time.
When creating an account, the User selects an identifier (username or pseudonym) and a password, which must remain confidential. The User is solely responsible for maintaining this confidentiality and for all activities under their account.
The User must immediately inform BEABA of any unauthorised access or security breach. BEABA may deactivate or delete compromised accounts at the User’s request.
Any false declaration, including identity theft, may result in permanent account deletion without compensation. BEABA cannot be held liable for any loss resulting from the User’s failure to meet these obligations.
6. Use of the Application
The User undertakes to use the Application solely for personal purposes, in accordance with its intended use and applicable laws.
Users must not act in a manner that violates public order, BEABA’s rights, or those of third parties. In particular, they agree to:
- Use the Application fairly and in accordance with its purpose;
- Provide accurate information and not mislead other Users;
- Be courteous and respectful towards other Users;
- Not infringe the intellectual property or personal rights of others;
- Not share violent, defamatory, racist, pornographic, or illegal content;
- Not use the Application for self-promotion or advertising of competing services;
- Not impersonate another person or entity;
- Not harass or provoke other Users.
The User also undertakes not to undermine the integrity or security of the Application’s IT infrastructure, including by:
- Not transmitting unsolicited commercial messages (“spam”);
- Not spreading malware, viruses, worms, or scripts that could damage data or systems;
- Not extracting or reusing Application data without authorisation;
- Not collecting User information (including email addresses) for commercial purposes.
Any breach of these rules may result in the temporary or permanent suspension of access to the Application without prior notice. BEABA also reserves the right to delete infringing content and block the corresponding account.
In any event, the User shall indemnify BEABA for all direct and indirect damages resulting from misuse of the Application.
7. Intellectual Property Rights
7.1 Intellectual property rights relating to the Application
The Application and the Content are the exclusive property of BEABA in accordance with the provisions of the Intellectual Property Code.
The provision of the Application cannot be interpreted as a transfer of ownership for the benefit of the User.
7.2 User license
BEABA grants the User a personal, non-exclusive, non-assignable and non-transferable right to access and use the Application, worldwide, via his/her username and password. This license is revocable at any time, without notice or prior warning.
This license grants the User the strictly limited right to access and use the Application exclusively for personal use and under no circumstances for other purposes.
The general structure of the Application, as well as the Content comprising it, are the property of BEABA or its partners. No reproduction, even partial, may be made of the Application and/or its Content without the prior and express authorization of BEABA.
By accepting these terms and conditions, the User undertakes not to infringe, directly, indirectly or through third parties with whom he/she is associated, the intellectual property rights of BEABA.
Any form of marketing of the Application or its Content by the User, whether free of charge or for payment, is strictly prohibited.
The User may not copy, modify, decompile, disassemble, merge into other software, determine or in any other way obtain the source code, algorithms, structure or underlying organization of the Application; nor may they alter, adapt or create derivative works, including translations or arrangements, without BEABA’s prior written consent.
The User who does not comply with the conditions, limits and terms of the license acknowledges being exposed to prosecution, including for counterfeiting.
7.3 Intellectual property rights relating to the Comments
The User grants BEABA the following copyright over their Comments:
- The right to reproduce, modify, adapt, represent and translate all or part of the Comments on any recording medium, current or future, and in any format or by any known or unknown process, and on any type of communication medium, including internet, intranet or print;
- The right to grant, for consideration or free of charge, sub-licenses of the rights granted under the above license to any third party of its choice, for the purposes mentioned below.
These rights are granted for the purpose of operating, developing, promoting and publicizing the Application, or conducting research and development programs for future functionalities.
These rights are granted worldwide and for the entire legal term of copyright protection applicable at present and in the future, both in France and abroad.
The username and photo of the User who wrote the Comment will appear next to the Comment as long as their account is active.
The User can modify their information at any time in their customer area. These personal data are collected and processed in accordance with the privacy policy.
The User understands and consents that the Comments they post will be incorporated into the Application database operated by BEABA and may be reformatted to fit the standard display format.
The User is informed that their Comments and, more generally, any Content shared via certain Services may be accessible to other Users.
7.4 Intellectual property rights relating to Recipes published on the Application
BEABA Recipes
Recipes are the exclusive property of BEABA. The User can download them free of charge or for a fee, at BEABA’s discretion.
The provision of BEABA Recipes cannot be interpreted as a transfer of ownership to the User. The User undertakes not to use BEABA Recipes for advertising purposes for their own application or personal website offering identical or similar services to the Application.
User Recipes
By adding a recipe in the “My Recipes” section and then “Create a recipe now,” the User must:
- Ensure that the recipe does not come from a book or a collection of recipes;
- Authorize BEABA to distribute this recipe on its website www.beaba.com or on any other medium, and to integrate it into its database free of charge;
- Authorize BEABA to adapt it according to nutritionist recommendations or adjust it to a 100g portion for distribution on the site or other media;
- Authorize BEABA to distribute and publish the recipe, assigning any copyright relating to the User Recipe, including the rights to represent, reproduce and adapt it, on all media, known or unknown to date, worldwide, free of charge and for the entire term of protection.
The User’s ID and photo will appear next to their Recipe as long as their account remains active.
The User can modify their information at any time in their customer area. These personal data are collected and processed in accordance with the privacy policy.
BEABA reserves the right to check and moderate User Recipes before they are published, through one of the following actions:
- Validation of the User Recipe and publication;
- Modification of the User Recipe prior to publication;
- Refusal of the User Recipe with an explanatory email sent to the User.
8. Liability
The Application operates on mobile devices using Apple iOS and Android operating systems. BEABA does not guarantee the absence of bugs, inaccuracies, errors, or other harmful elements.
The Application is accessible free of charge to any User, who is solely responsible for the proper functioning of their equipment as well as their Internet access. The Application depends on the mobile network and the Internet to function properly.
BEABA cannot be held liable for any damage or virus that could damage or render a User’s device unusable following use of the Application.
In the event that BEABA is held liable for damages not provided for in these terms and conditions, its liability will be limited to certain, actual, and direct damages only.
Under no circumstances can BEABA, its directors, employees, or in general, its representatives and partners be held liable for indirect damages resulting from the use of the Application, including the Content and Comments published therein, such as loss of profit, loss of data, or inability to use the Application.
8.1 Responsibility of the Application User
BEABA does not guarantee continuous access to or operation of the Application. The User is fully responsible for maintaining the security and integrity of their data, hardware, and software when using the Application.
The User acknowledges that the use of the Application is at their own risk, particularly with regard to the operation and security of their device. BEABA cannot be held responsible for any malfunction of the Application or issues with Internet or mobile connections.
Due to the specific nature of the Internet and mobile networks, BEABA may at any time interrupt or restrict access to the Application due to external events, and information communicated by Users may be lost or become inaccessible. In such cases, BEABA’s liability cannot be sought.
BEABA and its subcontractors cannot be held responsible for the unavailability of the Application, any difficulty or inability to download or access Content, or for any failure of the communication system that could make the Application unavailable.
BEABA reserves the right to interrupt, temporarily suspend, or modify access to all or part of the Application, without notice, in order to ensure maintenance or updates, or for any other reason, without such interruption giving rise to any obligation or compensation.
8.2 Comments
BEABA cannot be held responsible for Comments made available on the Application.
User Comments are created and published solely by Users, and BEABA cannot be held liable for their publication or display, which it merely hosts. BEABA provides no express or implied warranty relating to Comments.
8.3 Recipes
BEABA Recipes
BEABA does not guarantee the result or quality of BEABA Recipes published on the Application. BEABA does not guarantee that BEABA Recipes will meet Users’ expectations or that their results will be accurate and reliable.
The information relating to BEABA Recipes does not constitute a commitment on BEABA’s part regarding children’s health or nutrition. These recipes can in no way replace professional advice and may not be suitable for children following a special diet prescribed by a doctor.
Consequently, BEABA cannot be held liable for any error or omission in any BEABA Recipe, text, information, or illustration published on the Application.
User Recipes
The User agrees to be the sole and exclusive holder of the intellectual and artistic property rights attached to the User Recipe that they publish on the Application.
Accordingly, the User will be responsible for any claim from third parties who assert rights over the User Recipe and shall indemnify BEABA against any legal action arising therefrom.
If you believe that your trademark or work has been copied or used in a way that infringes your rights under French law on the Application, please notify BEABA by using the dedicated incident reporting feature in the Application to request a callback from after-sales service. You may also contact BEABA directly using the following details:
- Phone: +33 (0)806 80 92 00
- Email: sav@beaba.com
8.4 Access to third-party sites and services
The Application may contain hypertext links, manually or automatically displayed, that may redirect the User to third-party applications and/or websites.
BEABA exercises no control or supervision over such third-party applications or websites.
BEABA cannot be held responsible for the content or services available on third-party applications or websites, for any security or data integrity issues affecting the User’s hardware or software, or for any consequences or damages resulting from the use of these applications or websites.
The same applies to Partner websites and services.
9. General Provisions – Applicable Law
All clauses of these terms and conditions are separate. If one clause is declared null or illegal, all other clauses shall remain valid and binding on the Parties.
The fact that either Party does not invoke a provision of the terms and conditions against the other Party cannot be interpreted as a waiver or tolerance of its enforcement at a later time.
These terms and conditions are governed by French law, regardless of the place of use.
In the event of a dispute between the Parties concerning the interpretation, performance, or termination of these terms and conditions, the Parties shall first endeavor to reach an amicable settlement.
In the absence of an amicable resolution, the French courts shall have exclusive jurisdiction to settle the dispute.