Terms and Conditions of Online Sale
These terms and conditions of sale are current as of October 31, 2017
1.1These terms and conditions are provided by BALASANA (hereinafter “The Company”), a simplified single shareholder company (SASU) with a capital of 5000 euros, registered with the Cannes Trades and Companies Register under the number 832 850 424, and whose head office is located at 37 rue d’Antibes, 06400. Their non-surcharged phone number is 0787952803, and their email address is firstname.lastname@example.org.
1.2The Company is the editor of the website www.balasana.fr (hereinafter the “Site”)
The Site is hosted by the company OVH, a simplified joint-stock company with a capital of 10 069 020 euros, and whose head office is located at 2 rue Kellermann, 59100 Roubaix – France and whose telephone number is 1007.
1.3The website publisher is Clara Daviet.
1.4The Site provides clients (hereinafter “the Client”) with the possibility to purchase sporting goods intended for practicing yoga (the “products”).
1.5 Before using the Site, the Client must ensure that they have the appropriate technical and IT resources to use the Site and to order products on the Site, and that their browser allows for secure access to the Site.
The Client must also ensure that their computer hardware/equipment setup is in good condition and is free of viruses.
2. Application and Enforceability of Terms and Conditions
2.1 These terms and conditions are intended to define the conditions under which the Company markets the products that are offered for sale on the Site to Clients.
They therefore apply to all orders (“Orders”) of products that are placed via the Site by the Client.
2.2 The client declares that they have read and accepted the present terms and conditions before placing their Order.
2.3 Placing an Order therefore constitutes acceptance of these terms and conditions.
As these are regularly updated, the terms and conditions that are applicable are those that are in force on the day the Order is placed.
2.4 Any condition of a contrary nature put forth by the Client will be, therefore, without express approval, unenforceable against the Company, regardless of the time that it is brought to their attention.
2.5 If the Company does not, at a given moment, invoke any provision of these terms and conditions, this shall not be considered to be a relinquishment of their right to invoke, at another time, any given provision of these aforementioned terms and conditions.
3. ORDERING PRODUCTS ON THE SITE
3.1 The products that are offered for sale are described and presented as accurately as possible.
However, slight variations in the colour of one or more products shall not render the Company liable and does not affect the validity of the sale.
3.2 The Company reserves the right to edit the content of the Site at any time.
3.3 The Client selects the product or products that they wish to purchase, and can access a summary of their Order at any time.
3.4 The Order summary includes a list of the product or products that the Client has selected, and includes any additional expenses, such as the cost of delivery, to be added to the price of the product or products in the Order.
The Client can modify their Order and correct any errors before proceeding to confirm their Order.
3.5 After having viewed the summary of their Order, the Client confirms that they wish to confirm their Order by checking the box agreeing to the terms and conditions, then clicking on the order confirmation icon.
The text “Order with obligation to pay”, or any other similar wording that is free of any ambiguity will be present beside the order confirmation icon, to ensure that the Client explicitly recognizes that they are required to pay for the Order that they place.
3.6 After accepting the CGV and confirming their Order with obligation to pay, the contract is validly concluded between the Company and the Client, and creates an irrevocable contractual obligation.
3.7 After having confirmed their Order, to be able to proceed to payment, the Client enters the address to which they would like to have the product or products delivered, as well as the billing address, if these are different.
The delivery process for the ordered product or products is described in ARTICLE 5 of these terms and conditions.
3.8 The Company will then send an email confirming the Order, that includes the various elements of the Order summary, as well as the delivery address and the billing address (if applicable) provided.
3.9 After having confirmed their delivery address and billing address (if applicable), the Client then proceeds to pay for the the Order as expressly detailed below.
4.PRICES AND ORDER PAYMENT CONDITIONS
4.1 The prices are indicated on the Site, in the product descriptions, in euros, and include all taxes.
4.2 The total amount is displayed in the Order summary, before the Client accepts these terms and conditions, confirms their order, enters and validates their delivery address and billing address (if applicable) and then proceeds to payment.
This total amount includes all taxes.
4.3 Products Ordered on the Site are payable in Euros.
The entire amount must be paid by the Client via bank card, on the day that the Order is placed.
4.4 The Site uses a security system by SOGECOMMERCE, specialized in secure online payment.
This system ensures the complete confidentiality of the Client’s banking information.
Therefore, the Client’s banking transactions made by bank card, via the secure system, are entirely encrypted and protected.
The Client’s banking information is not stored on the Company’s IT system.
4.5 The Client assures the Company that they have the necessary authorization to use the payment method, when the Order is placed.
4.6 The Company reserves the right to suspend or cancel any fulfillment or delivery of an Order, whatever its nature or it’s degree of fulfillment, in the event of non-payment or partial payment of any sum that is payable by the Client to the Company, in the event of a payment incident, or in case of fraud or attempted fraud related to the use of the website and the payment for an Order.
5.1 The product or products for sale on the Site can be delivered within France or in other countries.
5.2 The Company commits to delivering the product or products in three to five business days in France (depending on the chosen delivery method).
5.3 The Client will be informed by email, when their Order is ready, that it will be shipped.
The ordered product or products will be delivered to the delivery address provided by the Client at the time of their Order.
5.4 The Client must ensure that the information they provide is correct, and remains correct until the complete delivery of the product or products ordered.
The Client, therefore, commits to informing the Company of any changes to their billing or delivery address that may occur between the time the Order is placed and when it is delivered, by sending an email, without delay, to the Customer Service e-mail address.
Failing that, in case of late delivery or a delivery error, the Society cannot be held liable by the Client in case of non-delivery, and the Customer Service department of the Company will contact the Client with regards to a second delivery, at the Client’s expense.
5.5 The Company shall also not be held responsible if the non-receipt of products results from the actions of a third party, beyond their control, or in case of theft.
5.6 If the Order is returned because the Client is absent, the Customer Service department of the Company will contact the Client with regards to a second delivery, at the expense of the Client.
5.7 If the Client is absent, they will be informed of the delivery attempt via a delivery notice from the carrier, as well as of how to receive their package.
5.8 The Client can track the delivery of their Order by contacting Customer Service, whose number is available in Article 6 of these Terms and Conditions.
They can also track the delivery of their article using their parcel delivery number on the website of the carrier selected by the Client.
6. CUSTOMER SERVICE
6.1 For any information, further details or in case of any problems, the Client should first contact the Company’s Customer Service department, in order to allow them to try to find a solution to the problem.
6.2 The Company’s Customer Service department can be contacted from Monday to Friday, from 9 am to 5 pm, using the following contact information :
Phone number : 0787952803
E-mail address : email@example.com
Mailing address : 37 rue d’Antibes, 06400 Cannes.
7. Legal and Commercial guarantees :
7.1 : Legal guarantees: All products sold by the Company are subject to the legal guarantee of conformity, as provided for in the law, notably in Articles L.217-4, L.217-5 and L.217-12 of the French consumer code, and the legal guarantee against hidden defects as provided for in articles 1641 and 1648, first paragraph, of the French civil code :
Article L.217-4 of the French consumer code : “A seller must deliver goods that conform to the sales contract, and address any non-conformities present in the goods delivered.
The seller must also address any non-conformities arising from the packaging or the assembly or installation instructions, if contractually responsible for them, or if they were carried out under the seller’s responsibility.
Article L.217-5 of the French consumer code: “The item is considered to be conforming to the sales contract if :
1 : If it is suitable to be used in the way that similar products are typically used, and, if applicable :
– If it fits the description that was provided by the seller, and has the same attributes as those presented to the buyer via a sample or model;
– If it possesses the attributes that a buyer would reasonably expect it to possess, in view of public statements made by the seller, manufacturer or their representative, notably through advertising or labelling ;
2° Or if it possesses the characteristics that were agreed upon by both parties, or if it is appropriate for any special use sought by the buyer, and communicated to and accepted by the seller.”
Article L.217-12 of the French consumer code: “Any actions taken due to lack of conformity must be taken within two years of the date that the items were delivered.”
Article 1641 of the French Civil Code: “The seller must guarantee their goods against hidden defects that could make an item unsuitable for its intended use, or that reduces its suitability for its intended use to such a degree that the buyer would not have purchased it, or would have paid a lower price, had they known about the defect.
Article 1648 of the French Civil Code, first paragraph : “Any action due to redhibitory defects must be taken by the buyer within two years of when the defect is discovered.
If a Client believes that they have received a product that they consider to be defective or non-conforming, they should contact the Company as soon as possible after receiving their Order, via the following e-mail address : firstname.lastname@example.org, or by registered letter with acknowledgement of receipt to the following address : 37 rue d’Antibes, 06400 Cannes, indicating the defect or non-conformity in question.
The Client will be responsible for providing any proof with respect to the indication of apparent defects and/or abnormalities reported.
The Client must give the Company the opportunity to evaluate and verify any defects or non-conformities and, if necessary, to remedy the problem.
They shall refrain from taking action themselves, or calling upon a third party to do so.
If the Company confirms the defects and/or abnormalities, they will contact the Client with instructions on how to proceed, after having taken into account the claims made, and, where applicable, will replace the product that the Company has determined to be non-conforming or defective.
If it is not possible for the product to be exchanged, the Company shall be required to reimburse the Client in the fourteen days following the receipt of the product.
The reimbursement will be made upon proposal by the Company by crediting the Client’s bank account. The Client can also select another method of reimbursement other than the proposed method.
8. OBLIGATIONS OF THE CLIENT
8.1 The Client agrees to respect the following terms and conditions of sale.
8.2 The client agrees to use the Site according to the Company’s instructions.
8.3 The Client agrees that they will only use the site for personal use, in accordance with these terms and conditions of sale.
In this respect, the Client agrees to refrain from :
Using the Site in any illegal manner, for any illegal purposes or in any manner inconsistent with these terms and conditions.
Selling, copying, reproducing, renting, lending, distributing, transferring or sub-licensing all or part of the site’s content, or decompiling, reverse engineering, disassembling, modifying, displaying in a form readable by the Client, attempting to discover any source code or using any software that activates or includes all or part of the Site.
Attempting to gain unauthorized access to the site’s computer system or engaging in any activity that disturbs, diminishes the quality of, interferes with the performance of or impairs the functionalities of the site.
Using the Site for abusive purposes, by intentionally introducing viruses or any other malicious software and attempting to obtain unauthorized access to the Site.
Infringing the intellectual property rights of the Company and/or reselling or attempting to resell the products to third parties.
Denigrating the Site and/or the products as well as the Company via social media or any other means of communication.
8.4 If, for any reason, the Company believes that the Client has not respected these terms and conditions, the Company can, at any time and at their sole discretion, cancel the Client’s access to the site and take any measures, including any legal action, civil and criminal, against them.
9. Right of Withdrawal
9.1 In accordance with articles L.221-18 et seq. of the French consumer code, the Client has a period of 14 days after receiving the last product ordered on the Site to exercise their right of withdrawal through the Site, without having to provide their reasons or pay any penalty.
9.2 To exercise their right to withdraw their Order, the Client must express their wish to exercise this right, via an unambiguous declaration, without providing their reasons.
The Client can use the form attached to these terms and conditions, sending it by mail to the Company, to the following address : 37 rue d’Antibes, Cannes, France 06400, or by e-mail to : email@example.com .
9.3 If the Company is informed by the Client of their decision to exercise their right of withdrawal, by whatever means, the Company will send them, without delay, an acknowledgement of receipt of this request via a durable medium (notably by e-mail).
9.4 The Client must return the product or products, in the same condition that they received them, along with all packaging components, accessories and instructions (even if the packaging of the product or products has been opened) without delay and at the latest within 14 days of declaring their decision to withdraw from this contract, to the following address : 37 rue d’Antibes, Cannes, France 06400.
In accordance with the law, the Client must cover the shipping costs to return the product or products.
The return shipping costs will only be rembursed by the Company if the product that was delivered is different from the product that was ordered, or if the product is damaged.
9.5 The Client is invited to share their reasons for returning/withdrawing, in order to help the Company improve their product or products.
9.6 In case of withdrawal by the Client, the reimbursement of the product or products that was or were subject to this retraction will take place within 72 hours (maximum 7 working days) by the same payment method that was used for the initial transaction, unless the Client has expressly agreed to a different method.
In all cases, this reimbursement will not result in additional costs to the Client.
The reimbursement will take place without undue delay, at the latest 14 days following the day that the Company was informed of the Client’s decision to exercise their right of withdrawal for their Order.
9.7 In accordance with article L.221-23 of the French consumer code, the Client is informed that their liability to the Company will only be incurred in the case of the depreciation of the product or products, returned in the context of the Client exercising their right of withdrawal, resulting from any handling other than that which is necessary to determine the nature, characteristics and proper functioning of the item or items.
10.1 The Company shall implement all necessary measures to insure that the Client is provided, in optimal conditions, quality product(s).
However, under no circumstances shall the Company be held liable for any failure to perform or for incomplete performance of all or part of the services provided for in the contract, attributable to the Client, an unforeseeable and insurmountable action of a third party outside of the contract, or as a result of force majeure.
More generally, if the Company’s liability is incurred, they shall, under no circumstances, agree to compensate the Client for indirect damages or for damages whose existence and/or quantum would not be established by evidence.
10.2 The Site may contain links to other sites that are not published or monitored by the Company, who cannot be held responsible for their operation, content, or any element obtained via these sites.
10.3 The inclusion of these links, or references to all information, articles or services provided by a third party, cannot and must not be considered as express or tacit endorsement by the Company of these sites and these elements, nor of their contents.
10.4 The Company is not responsible for the availability of these sites and cannot monitor the content or validate the advertisements, the product or products and other information shared via these websites.
10.5 It is explicitly stated that the Company cannot, in any case, be held responsible, in any manner, for a case where the Client’s computer equipment or e-mail application rejects, for example due to an anti-spam filter, e-mails sent by the company, and notably the following (this is a non-exhaustive list) : a copy of the receipt of payment, a summary of the Order, or an e-mail with delivery tracking information.
10.6 The Client is fully aware of the provisions of this article, notably the aforementioned guarantees and limitations of liability, necessary conditions without which the company would never have entered into the contract.
11. PERSONAL DATA – COOKIES – SECURITY
11.1 The Company attaches great importance to respecting privacy, and takes all necessary measures to ensure the confidentiality and security of the Client’s personal data.
11.2 In order to provide them with the product or products, the Company collects personal data from Clients, notably the following information :
– E-mail address
– First name
– Last name
– Date of birth
– Mailing and delivery address
– Consumption data
– Bank details
11.3 For this purpose, the processing of Clients’ personal data has been declared to the CNIL, the French Data Protection Authority, under the number 2114245 v 0.
11.4 The Company collects and processes personal data from Clients for the following purposes:
Providing them with a product or products via the Site;
Return management, exercising of the right of withdrawal, payment, billing, etc. ;
Providing information about the Company, their products, and their activities;
Replying to questions asked or complaints made by Clients ;
Managing requests related to access, modification and opposition rights;
Managing non-payment and litigations.
11.5 Data related to the management of Clients’ personal information are kept for the duration of time that is strictly necessary, as defined by the Data Protection Act, as modified, either three years after the collection of the data or the most recent contact with the Client.
11.6 Clients’ personal information is processed by the sales department of the Company, as well as by partner companies and sub-contractors of the Company.
11.7 The Company can also transmit personal data in the context of cooperating with administrative and judicial authorities.
11.8 The Company takes care to ensure the security of Clients’ personal data adequately and appropriately, and has taken suitable precautions to maintain the security and confidentiality of this data, and notably prevent it from being distorted, damaged or transmitted to unauthorized parties.
11.9 Client Obligations
The Clients acknowledge that the personal data that they share is correct, up to date and adequate;
The clients agree not to infringe upon the privacy, the image and the personal data security of any third party, and therefore not to share with the Company the personal information of any third party without their consent.
11.10 Under Decree n°2011-219 of February 25, 2011 concerning the conservation and transmission of data that allows for the identification of any person that having contributed to the creation of content online, the Client is informed that the hosting provider of the Site is required to conserve, for one year starting on the date that the content is created, for each act that contributes to the creation of content :
The identifier of the connection from which the communication originated;
The identifier attributed by the IT system to the content, object of the operation;
The types of protocols used to connect to the service and to transfer the content;
The nature of the operation ;
The date and time of the operation;
The identifier used by the initiator of the operation, when this was provided.
11.11 If the contract is terminated or the account is closed, the web hosting provider must still keep, for one year beginning on the date the contract is terminated or the account is closed, the data provided upon entering into the contract (the Order) by the Client or when creating an account, specifically :
At the time that the account is created : the login ID;
First and last name or company name ;
Associated mailing addresses ;
Pseudonyms used ;
Associated e-mail addresses or accounts;
Telephone number ;
The password as well as the data allowing this to be verified or modified, in its most up-to-date version.
11.12 All computers connected to the Internet have an IP address.
When a Client browses the Site, the Company collects the IP address of the Client in order to analyze the Site’s website traffic, and to monitor the activity of the Client on the Site, to insure that no acts are committed that could violate the terms and conditions present on the Site.
11.13 Finally, in accordance with the “Loi Informatique et Libertés” of January 6, 1978 (concerning information technology, data protection and individual liberties), Clients have the right to access, modify or delete, as well as oppose, for legitimate reasons, the processing of their data collected and processed by the Company, by contacting the Company directly at the following e-mail address : firstname.lastname@example.org
11.14 In accordance with article 40-1 of the Loi Informatique et Libertés (modified), the Company will respect the instructions given by any Client regarding the storage, deletion and transmission of their personal data after their death.
In the absence of these instructions, the Company will comply with requests made by their heirs, as restrictively set out in Article 40-1, III of the Loi Informatique et Libertés.
11.15 COOKIES AND STATISTICAL TOOLS
11.15.2 In accordance with CNIL’s decision n° 2013-378 of December 5, 2013, the Company also wishes to inform the Clients that cookies record certain information that is stored in the memory of their computer equipment/hardware.
This information is used to improve the usability and functionality of the Site.
A message is displayed to each person who visits the Site, beforehand, asking if they wish to accept cookies.
These cookies do not contain confidential information concerning the Clients.
11.15.3 A Client that navigates to the homepage of the Site will be informed of:
The specific purposes that the cookies will be used for;
The possibility to choose not to accept cookies and change settings by clicking on a link present in the bar;
and the fact that continuing their navigation constitutes acceptance of cookies being stored on their terminal.
11.15.4 In order to ensure free, informed and non-equivocal consent by the Client, the bar will not disappear as long as the client has not continued their navigation.
11.15.5 Without prior consent from the Client, cookies will not be saved or read :
If the Client navigates to the Site (either the homepage or directly to another page of the Site) and does not continue their navigation : a simple absence of action will not be considered to be an expression of intent ;
or if they click on the link on the bar to configure their cookie preferences, and, if applicable, refuse the placement of cookies.
11.16.1 The Client agrees to refrain from jeopardizing the security of the Site.
In this respect, the Client agrees not to engage in any fraudulent access or updating of the Company’s information system.
The Client shall also refrain from damaging or interfering with the Company’s information system.
Failing that, the Company can take measures against the Client, including those that may lead to the Client being held criminally liable, in accordance with Articles 323-1 et seq. of the Penal Code.
12. Intellectual Property
12.1 All elements of this Site and the Site itself are protected by copyright, trademarks and protection of designs and models and/or all other intellectual property rights.
These elements are the exclusive property of the Company.
All of these rights are reserved, worldwide.
12.2 The name and the brand « BALASANA YOGA », the logos, designs and models, stylized letters, figurative marks, and all other signs present on the Site are and remain the exclusive property of the Company.
12.3 No titles or rights of any kind to any element or software will be obtained by downloading or copying elements of this site.
It is strictly forbidden for the Client to reproduce (other than for their personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to or modify the site and the elements and software it contains, undertake any sort of work that is based on these, sell or participate in any sale in connection with the Site, its elements or any related software.
12.4 The Company grants the Client a non-exclusive license to use the Site.
This license is strictly personal and cannot, in any case, be given or transferred to any third party.
This license is granted for the duration of the use of the Site.
12.5 All use by the Client of company names, brands and distinctive signs belonging to the company is strictly prohibited, except with prior express authorization from the Company.
13.1 By checking the box provided for that purpose, or by giving their express consent, the Client accepts that the Company can send them, at a frequency and via a medium chosen by the Client, a newsletter that can include information related to their activity.
13.2 When the Client checks the box provided for that purpose while registering on the site in order to place an Order, they accept to receive commercial offers from the Company for products similar to those ordered.
13.3 Clients have the opportunity to unsubscribe from the newsletter by clicking on the link provided for this purpose, which is present on each newsletter.
14. APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION
14.1 These terms and conditions are governed by and construed in accordance with French law, without regard to conflicts of law principles.
14.2 In case of any dispute that may arise from the interpretation/implementation of these terms and conditions, or relating to these terms and conditions, the Client can choose to refer the dispute with the Company to a conventional mediation procedure or an other alternative method of dispute resolution.
The Client can notably contact : (please indicate the name, mailing address and telephone number of the selected consumer dispute resolution service).
14.3 The Client can visit the European consumer dispute resolution platform, provided by the European Commission, which lists all of the approved dispute resolution bodies in France, at the following address : https://webgate.ec.europa.eu/odr/.
14.4 If the dispute is not resolved through the mediation procedure, or if the Client wishes to bring the dispute before a court, the rules of the Code of Civil Procedure shall apply.