a CONSUMER CUSTOMER
GENERAL CONDITIONS OF SALE
Article 1 – GENERAL PROVISIONS – SCOPE
1.1 These General Conditions of Sale (“the GCS”) determine the rights and obligations of the parties in connection with the online sale of Products offered by the company vitaly baby (“the Company”).
1.3 These T&Cs apply to any Order placed by an adult natural person acting as a consumer. The Customer therefore certifies that he is a natural person over the age of 18, acting for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity. He acknowledges having the full capacity to commit when he places an Order and undertakes to provide truthful elements as to his identity.
1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these GCS, i.e. natural or legal persons, public or private, who act for purposes falling within the scope of their commercial, industrial, artisanal activity; liberal or agricultural, including if they act in the name or on behalf of another professional. Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The T&Cs applicable to each Order are those in force on the date of payment or the first payment in the event of multiple payments) of the order. The Company reserves the right to modify them at any time, by publishing a new version on its website. These GCS can be consulted on the website of Article 2 – CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To buy one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)
At this stage, the Customer is redirected to a page containing: A summary of the selected Products, the corresponding prices, terms and delivery costs . It is then up to him to check and possibly correct the contents of his basket.These T&Cs. It is up to him to read them carefully before validating the entire Order.
This validation of the Order after checking the basket and reading the T&Cs (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails a payment obligation on his part.
The Customer is then redirected to the payment page. He can choose between the different payment methods offered and proceeds to the payment of his Order.
After having validated his Order and made his payment, the Customer receives, on the email address he communicated to create his account, a confirmation message from the Company. This message contains:
The summary of his order (Selected Products, prices, terms and delivery costs); The Order number;
In the event of non-receipt of the confirmation of the Order, it is recommended that the Customer contact the Company via the contact form present on the site.
The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to him in electronic format since these documents can be produced as proof of the Contract.
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including for example: Order not in accordance with the GCS; Quantities ordered not corresponding to normal use by a consumer Customer ;Non-payment of a previous Order or litigation in progress concerning a previous Order;Suspicion of fraud on the Order (supported by a body of concordant indices).
2.3 Order cancellation
It is advisable to contact us as soon as possible for a cancellation request, however we do not guarantee cancellations under any circumstances. If ever the order is being prepared or shipped, it will have to be returned to us at your expense to obtain a refund.
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product Specifications
The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.
Although the Company takes reasonable care to ensure that the Specifications are accurate, such Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Consequently, the Company declines all responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in French. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the Product o ﬀ er as well as their prices is specified on the Company's websites.
3.2 Product Availability
Product offers are valid within the limits of available stocks from our suppliers. This availability of the Products is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in special cases of Products indicated in pre-order on the Product sheet), placing a Product in the basket does not absolutely guarantee the availability of the Product . Product and its price.
In the event that a Product becomes unavailable after the validation of the Customer's Order, the Company will inform him immediately by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid under the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 – PRICE OF THE PRODUCTS
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of brands distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price practiced within the panel of brands is modified.
Article 5 – PAYMENT OF THE PRICE OF THE PRODUCTS
5.1 Time of payment
Payment of the full price of the Order must be made immediately after validation of the Order.
The Company may, exceptionally, grant payment in installments, in particular with regard to the amount to be paid and the knowledge it has of the Client concerned. However, the Company has no obligation to grant such terms of payment. In the event of a particular situation, the Customer may make a request by contacting the Company's Customer Service at the following address email@example.com
5.2 Methods of payment
To pay for his Order, the Customer can choose between different payment methods:
Payment by bank card: Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express) are accepted. and Master). The Customer guarantees the Company that he has the necessary authorizations to pay with the credit card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his bank card number constitutes authorization to debit his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order. Payments by credit card are made via a secure payment platform and the information on the credit cards communicated benefits from the SSL encryption process.
Payment via PaypalPayment by Paypal is accepted up to a limit of €1,000. add to these T&Cs.
Payment by vouchers and/or promotional codes
The vouchers and/or promotional codes issued by the Company can be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of an attempt to fraudulently use the purchase vouchers and/or promotional codes, the Company may proceed with the outright cancellation of the Order.
In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a Previous order.
The Company reserves the right to set up an Order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge. As part of this verification, the Customer may be asked to send the Company by email or by post a copy of an identity document, proof of address and a copy of the bank card used for payment. . Precise indications on the exact content of the information requested (to preserve the confidentiality of his data) will be communicated to the Customer in the event of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - CUSTOMS CLEARANCE - RECEPTION
Before the validation of the Order, the Company communicates to the Customer information concerning the various delivery methods as well as their respective prices. Following the choice of the delivery method by the Customer, the Company communicates to him an estimate of the delivery time. Exceptionally, delivery times may be modified without notice following delays during cases of force majeure (eg COVID19), periods of high demand or end of the year such as Black Friday or the Christmas holidays.
The Company will make every effort to ensure that the Product(s) is (are) delivered no later than the date scheduled for delivery. In the event of difficulty, the Company undertakes to communicate quickly with the Customer to inform him and to seek with him an adequate solution.
Air transport, shipping and/or delivery of the Product(s) will be fully borne by the Customer ("Delivery costs"). These delivery costs are included in the final price invoiced to the Customer when placing the Order. On the other hand, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, delivery will be made either to the address mentioned by the Customer, or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to carefully check the indications communicated for the delivery because he remains solely responsible in the event of non-delivery due to incomplete or erroneous information.
6.2 Customs clearance
When purchasing, the Customer purchases the product duty-free and becomes the importer of the purchased product in its capacity as recipient of the Product.
He is therefore in particular responsible for the import process and customs clearance of the product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value greater than €150).
The Customer is solely responsible for the process of declaring customs duties during the customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not come under the responsibility of the Company. The latter cannot therefore be held liable for reimbursement of these rights.
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and that it is not damaged.
In the event of finding an anomaly, the Customer must contact the Customer Service of the Company within three days (excluding public holidays) following the date of receipt of the Product. Any complaint filed after the deadline cannot be processed.
Article 7 – WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to withdraw, without giving any reason, within fourteen (14) calendar days from the date of receipt of his Order. In the event of an Order for several Products, the period runs from the receipt of the last Product.
In the event of exercise of the right of withdrawal within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer.
The right of withdrawal cannot be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period; goods made to the consumer's specifications or clearly personalized; supply of goods liable to deteriorate or expire rapidly; supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; Supply of goods which, after having been delivered and by their nature, are inseparably mixed with other items; Supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional; Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limits of the spare parts and work strictly necessary to respond to the emergency; supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
Concluded during a public auction;
7.3 Procedures for exercising the right of withdrawal
To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by completing the standard form, a model of which appears below, or by sending a declaration devoid of ambiguity and expressing its intention to withdraw within the 14-day period mentioned above.
Standard model of withdrawal form:
For the attention of the Company Magnet Innov, 2915 ogletown road, Newark, DE 19713 USA
I, the undersigned ______, hereby notify you of my withdrawal from the contract relating to the sale of the Product below: Name of the Product: Date of the order and receipt: Order number: Tracking number of the withdrawal request: Name of the Customer: Address of the Customer: Signature of the Customer: (only in the event of notification of this form on paper Date:
This form must be sent to the Company at one of the following addresses:
For electronic delivery, to the address: firstname.lastname@example.org
The Customer has a period of 14 days from the sending of the notification of his withdrawal to return the Product to the Company in its original packaging, the return costs being the sole responsibility of the Customer.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow the Company to put them back on sale. In the event of receipt of open, used, incomplete, damaged or soiled Products, the Company will not make any refund and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of a return of the Product under the conditions provided for by law and these GCS, the Company will reimburse all sums paid by the Customer, delivery costs included, within 14 days of the notification of withdrawal, unless the Product is not returned afterwards. In this case, the Company will only refund after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless expressly agreed by the Customer for another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 – GUARANTEES
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or the manufacturer of the Product, to which the Company is not a direct party.
The existence of this type of guarantee is mentioned, where applicable, on the specific page of the Product. he himself consults the terms of application of the guarantee, which are generally inserted in the box concerning the Product. In case of missing information, the warranty will be 1 year from the date of order.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, responsible for processing, collects a certain number of mandatory personal data (including in particular, surname, first name, delivery address, etc. which are mentioned by an asterisk) which are absolutely necessary for the processing of the Order, the management of the commercial relationship, the production of statistics and compliance with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.
The fact that the Customer does not communicate this information would make it impossible to process his Order.
These data are intended for internal use by the Company but may be transmitted to companies which contribute to the performance of the service, including in particular those which ensure the delivery of the Products or ensure the processing of payments.
Regarding this personal data, the Customer has several rights: Right of access to personal data concerning him; Right of rectification and deletion if the personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited; Right to limit data processing, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations; Right to oppose processing data (particularly in the case of processing for commercial prospecting) Right to formulate post-mortem directives concerning the storage, erasure and communication of your personal data Right to withdraw consent to the performance of certain processing operations (processing carried out before the withdrawal of consent remain lawful)Right to lodge a complaint with the CNIL.
To exercise his rights, the Customer may send a request to the Company, by means of: a letter addressed to the Company Magnet Innov, 2915 ogletown road, Newark, DE 19713 USA tel: 718-280-9695 The request must
mention the Customer's e-mail address, surnames, first names, postal address and must be accompanied by a copy of his double-sided identity document.
A response will be sent to him within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, the sale of Products on the site does not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No assignment of intellectual property rights is made through these GCS.
Article 11 - FORCE MAJEURE
The Company cannot be held responsible for non-performance of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure which would prevent its execution. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 – EXCLUSION OF LIABILITY
Notwithstanding any provision to the contrary stated herein, the Company may under no circumstances be held liable in the event of loss or damage due to improper use of the Product(s) by the Customer, including in particular a modification or alteration of the Product(s) not authorized by the Company.
Article 13 – SUSPENSION – TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Customer who contravenes the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damages that may apply to the Company.
Any person whose account has been suspended or closed may not subsequently order or create a new account on the Site, without the prior authorization of the Company.
Article 14 - NULLITY AND MODIFICATION OF THE GTC
If any of the stipulations of these GTC is null, it will be deemed unwritten, but will not result in the nullity of all the contractual provisions.
Any tolerance on the part of the Company, in the application of all or part of the commitments made under these T&Cs, regardless of the frequency and duration, cannot constitute modification of the T&Cs, nor generate a any right for the Customer.
Article 15 – APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These T&Cs are subject to American law.
In the event of any difficulty, Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with Customer Service, the European Commission has set up a dispute resolution platform intended to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following the following link: http://ec.europa.eu/consumers/odr/.
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