FrançaisArticle 1 – Conditions of definition
These General Conditions of Sale (hereinafter the “GTC”) are offered by the company Babyiting, under number 81266735000027
We will then designate:
“Site”: the site “https://babyiting.com” and all of its pages, exclusive property of the Company.
“Products” or “Services”: all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
“Seller”: Babyiting, legal or natural person, offering its Products or Services on the Site.
“Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or to
save on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the T&Cs and accepts them in full.
Article 2 – Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the Site.
The GCS applicable to the Customer are those in force on the day of his order on the Site.
The legal information concerning the host and the publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.
This Site offers the online sale of cosmetic waxing products as well as accessories.
The Site is open and free to all Customers. The acquisition of a Product or a Service implies the acceptance, by the Customer, of all of these GCS, who acknowledges by the same fact having read them fully. This acceptance may consist, for example, for the Customer, in ticking the box corresponding to the sentence of acceptance of these GCS, having for example the mention “I acknowledge having read and accepted all the general conditions of the Site”. Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the evidential value of the Seller’s automatic recording systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Any Order for Products implies the Customer’s unreserved acceptance and full and complete adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogues, advertisements, notices, except with the Company’s express and prior derogatory agreement.
Article 3 – Customer service
The customer service of this Site is accessible by e-mail at the following address: “contact@babyiting.com” by form or by post to the address indicated in the legal notices. The Customer must indicate in the e-mail his first name, last name, the subject of his request and the number of his Order.
For any professional request (partnership, media, contract proposal), the Company can only be reached by e-mail at contact@babyiting.com.
Article 4 – Method of subscribing to orders and description of the purchasing process
The customer service of this Site is accessible by e-mail at the following address: “contact@babyiting.com” by form or by post to the address indicated in the legal notices. The Customer must indicate in the e-mail his first name, last name, the subject of his request and the number of his Order.
The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photos on the Site are non-contractual and may vary significantly from the models photographed. These variations are due to the settings of the different screens and cameras, the lighting of the products, the angle of the shot, etc.
We define below as “Basket” the intangible object grouping all the Products or Services selected by the Customer of the Site for a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his “Basket”, the content of which may be modified at any time.
The Customer places the Order via the Site: the Customer registers and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site catalog, by clicking on the “add to Cart” button. On the “Basket” page, the Customer has the option of checking the details of his Order and correcting any errors, before confirming it.
On the “Information” page, the Customer must enter their contact information. He can opt for a follow-up of his Order by e-mail by ticking the required box.
On the “Delivery” page, the Customer must choose the shipping method offered to him.
On the “Confirmation” page, the Customer must enter their bank details and billing address. The Customer also has the option of entering a promotional code if he has one.
A complete summary of the Order appears. The Customer has the possibility of modifying all the elements of the Order before the finalization. The Customer is responsible for any errors relating to the Order, the Products and contact information.
The sale is validly formed when the Customer has confirmed the Order by clicking on the button “Finalize my order”, that he has accepted the General Conditions of Sale, and that he has proceeded to payment according to the methods he has chosen. , subject to the exercise of the right of withdrawal.
The date of validation of the Order corresponds to the date of receipt of the cash payment of the total price including tax duly recorded.
Article 5 – Price and terms of payment
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.
Babyiting reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by Credit Card, Bancontact, Apple Pay or Paypal. Credit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer’s means of payment. Payment is made directly to the bank or payment provider receiving payment from the Client. In the event of payment by bank transfer, the delivery times defined in the “Deliveries” article of these GCS only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof of this. by all means. The availability of the Products is indicated on the Site, in the description of each Product.
Babyiting will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. The delivery times indicated when ordering are for information only and remain dependent on any delays by the postal services or other special cases preventing delivery (events, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
During a delivery by hand, the customer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. When delivered to a letterbox, the customer agrees to immediately check the package and contact Babyiting support if they notice any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise the right of refusal.
If the Customer’s package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the package, he may request it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
In the event of delivery of a Product outside the territory of the European Union and in the Dom-Tom, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
During a delivery by hand, the customer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. When delivered to a letterbox, the customer agrees to immediately check the package and contact Babyiting support if they notice any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise the right of refusal.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product exchange or refund must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false maneuver by the Customer cannot be attributed to the Seller.Tout retard de livraison par rapport à la date ou au délai indiqué(e) au Client Consommateur lors de sa commande ou, à défaut d’indication de date ou délai lors de la commande, supérieur à trente (30) jours à compter de la conclusion du contrat peut entraîner la résolution de la vente à l’initiative du Client Consommateur, sur demande écrite de sa part par lettre recommandée avec accusé de réception, si après avoir enjoint le Vendeur d’effectuer la livraison il ne s’est pas exécuté. Le Client Consommateur sera alors remboursé, au plus tard dans les quatorze (14) jours suivant la date à laquelle le contrat a été dénoncé, de la totalité des sommes versées. La présente clause n’a pas vocation à s’appliquer si le retard de livraison est dû à un cas de force majeure.
During a delivery by hand, the customer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then imperatively be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. When delivered to a letterbox, the customer agrees to immediately check the package and contact Babyiting support if they notice any anomaly. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer’s request to exercise the right of refusal.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal), any product exchange or refund must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false maneuver by the Customer cannot be attributed to the Seller. of date or delay during the order, greater than thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery, he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
It is recommended that the Customer make the return using a solution allowing the tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter.
Reimbursement will be made using the same means of payment as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees to the Seller using another method of payment, and insofar as the reimbursement does not give rise to costs for the Customer.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such a demonstration has not previously taken place. .
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with article L121-17 of the Consumer Code (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of :
Babyiting-
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:
Order number :
Last name First Name :
Phone number:
E-mail address :
Address :
Reason for complaint:
Exchange* (mention the desired product)
Refund* (attach a complete RIB with IBAN and BIC mentioned)
Signature of the Client(s) (only in the event of notification of this form on paper):
Date :
(*) Strike out the useless mention.
Article 8 – Product Warranty
Legal provisions to reproduce
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be bound by any guarantee; in the event of an implementation of this guarantee, the buyer has the choice between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of prescription cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arises in accordance with Article 2232 of the Civil Code.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
The Seller is required to deliver a good that complies with the contract concluded with the Consumer Client and to respond to any lack of conformity existing during the delivery of the Product. The conformity guarantee may be exercised if a defect should exist on the day of taking possession of the Product.
On the other hand, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
“In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer”.
Legal warranty against hidden defects
In the event of non-compliance of a Product delivered, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete Product, out of stock, etc.) the Customer will be reimbursed by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then borne by the Seller.
Article 9 – Liability
The Babyiting Seller cannot be held responsible for the non-performance of the contract concluded due to the occurrence of an event of force majeure. Regarding the Products purchased, the Seller will not incur any liability for any consequential damages as a result of the present, operating loss, loss of profit, damages or costs, which may arise.
The choice and purchase of a Product or a Service are placed under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller’s liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or the Service allows withdrawal, according to the article L 121-21 of the Consumer Code.
The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. In any case, Babyiting can in no way be held responsible:
any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use ;
d’un dysfonctionnement, d’une indisponibilité d’accès, d’une mauvaise utilisation, d’une mauvaise configuration de l’ordinateur du Client, ou encore de l’emploi d’un navigateur peu usité par le Client ;
du contenu des publicités et autres liens ou sources externes accessibles par les Clients à partir du Site.
La responsabilité du Vendeur ne saurait donc être engagée si les caractéristiques des Produits diffèrent des visuels présents sur le Site ou si ces derniers sont erronés ou incomplets.
Article 10 – Force majeure
In accordance with article 1218 of the Civil Code, are considered as cases of force majeure or fortuitous events, events beyond the control of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence renders the fulfillment of the obligations totally impossible.
The occurrence of a case of force majeure shall automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the case of force majeure, the Order may be canceled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.
The effective date of termination will be the date of first presentation of the letter. In this case, neither party will be able to claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual property rights
All elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or sound, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed at the Company’s simple request.
Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company’s catalog is strictly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property unless prior authorization
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.
Any Customer who is guilty of infringement would be likely to see his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative of the Seller or his agent.
The trademarks and logos contained in the Site may be registered by Babyiting, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, distributions and reruns incurs the penalties provided for in articles L.713-2 and following of the Intellectual Property Code.
Article 12 – Processing of personal data
The Company collects Customer data:
a) for the purpose of processing and monitoring the Customer’s Order on its Site; (and or)
b) for the purpose of being able to contact you about various events relating to the Company, including in particular the updating of the Products and the management of the customer relationship; (and or)
c) for the purpose of collecting information enabling us to improve the Site and our Products (in particular by means of cookies).
The data collected is processed by the contractual service providers of the Site who are in charge of the packaging and distribution of the Products ordered as well as by the hosting provider, Shopify Inc., whose servers are secure and protected by a firewall. fire.
The data collected is kept by the Company only for the time corresponding to the purposes of the collection above and which cannot in any case exceed five (5) years.
In accordance with Law No. 2018-493 of June 20, 2018 on the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 known as the General Data Protection Regulation (GDPR) , the Customer has a right of access, modification, rectification, deletion or opposition for legitimate reasons, on his data.
The Customer can exercise his rights by e-mail to contact@babyiting.com
Article 13 – Comments and other user proposals
If the Client sends ideas, proposals, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, “Comments”), whether requested by the Company or not, the Client grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use and in any media any comments that the Client sends to it.
The Company is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; (3) respond to comments.
The Company may monitor, edit or remove content that it determines, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally objectionable, or which violates any intellectual property or these Terms of Service. Sale.
The Customer agrees to write comments that do not violate the rights of third parties, including copyright, registered trademarks, confidentiality, personality, or other personal or property rights. The Customer undertakes not to write in his comments any illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software which could affect the operation of the Site or other associated websites. The Customer agrees not to use a false e-mail address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of his comments.
The Customer is fully responsible for its published comments and their accuracy. The Company assumes no responsibility and declines any commitment with respect to the comments published by the Client or third party.
Article 14 – Independence of clauses
If any provision of the T&Cs is found to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the T&Cs and shall not affect the validity and enforceability of the remaining provisions.
These T&Cs replace any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sub-licensable by the Customer himself.
A printed version of the T&Cs and of all notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.
Article 15 – Applicable law and mediation
The General Conditions of Sale are subject to the law of Estonian law.
The Site reserves the right to initiate criminal proceedings against any attempted fraudulent purchase or purchase with a prohibited or opposed, stolen or falsified bank card. In this context, no attempt at amicable conciliation will be accepted.
The fact that a clause of these General Conditions of Sale becomes null and void cannot call into question the validity of the other stipulations and does not exonerate the Customer from the performance of his contractual obligations.
Indemnity
You agree to defend, indemnify and hold harmless the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees. from any claim or demand, including reasonable attorneys’ fees and court costs, caused by any third party due to or arising out of your use of the Website or our products and services, your breach of the Terms, or your breach of your acknowledgments, agreements, representations, warranties and obligations herein.
National or cross-border disputes which may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer’s request.
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator, to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].
The European Commission’s website describes the mediation process used and allows Clients to file a request for mediation online together with supporting documents.
In particular, the dispute cannot be examined by the Mediator if:
– the Customer does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint,
– the request is manifestly unfounded or abusive,
– the dispute has been previously examined or is being examined by another mediator or by a court,
– the consumer has submitted his request to the mediator within a period of more than one year from his written complaint to the Company,
– the dispute does not fall within its jurisdiction.
Mediation is free for the Client. If the Customer has recourse, at any stage of the mediation, to a lawyer, a third party of his choice or an expert to defend him, he will bear the costs alone.
The Mediator may not receive any instructions from the parties nor be remunerated according to the result.