Bali Green Bamboo
General conditions of sale
Preamble
These general terms of sale apply to all the sales concluded on the website Bali Green Bamboo.
The website www.baligreenbamboo.com is a service of: SARL ARNOLUC 1729
located 27, street in the Woods, 17530 ARVERT, FRANCE
the URL address of the site: www.baligreenbamboo.com
e-mail: baligreenbamboo@gmail.com
phone: 0616224103
Bali Bamboo Green Web site sells the following products: straws in bamboo, pouch, cleaning brush.
The customer declares having read and agreeing the terms of sale prior to placing his order. The validation of the order's acceptance of the General conditions of sale.
Article 1 - principles
The present general conditions express the entirety of the obligations of the parties. In this sense, the buyer shall accept them without reserve.
These terms of sale apply exclusion of all other conditions, in particular those applicable to sales in store or through other distribution channels and marketing.
They are available on the website of Bali Green Bamboo and prevail, as appropriate, on any other version or any contradictory document.
The seller and buyer agree that these terms exclusively govern their relationship. The seller reserves the right to change its terms from time to time. They will apply when they are posted online.
If a condition of sale were to default, it would be considered be governed by the procedures in force in the area of distance selling companies which have headquarters in France.
The General conditions of sale are valid until 07 June 2020.
Article 2 - content
These terms are intended to define the rights and obligations of the parties under the sale of goods offered by the seller to the buyer, from the website of Bali Green Bamboo.
These conditions concern only purchases made on the site of Bali Green Bamboo and delivered exclusively in mainland France and Corsica. For any delivery in the DOM - TOM, or abroad, to send a message to the following e-mail address: baligreenbamboo@gmail.com.
These purchases are the following products: straws in bamboo, pouch, cleaning brush.
Article 3 - Pre-contractual information
The Buyer acknowledges having communication, prior to the placement of his order and the conclusion of the contract, in a way that is readable and understandable of the present general conditions of sale and all information listed in article L. 221 - 5 of the code of consumption.
Are passed on to the buyer, in a clear and understandable, the following information:
-the characteristics of the good;
-the price of the property or the method of calculation of the price - and, if there is, all transport, delivery or postage fees and all other fees possible.
-in the absence of immediate execution of the contract, the date or the period in which the seller agrees to deliver the property, regardless of its price.
-the identity of the seller, postal, telephone and electronic coordinates, and its activities, those related to legal guarantees, to the features of the digital content and, if necessary, its interoperability information, to the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 - the order
The buyer has the option of placing the order online, from the catalog and online through the form, that is, for any product, within the limit of stocks available.
The buyer will be informed of any unavailability of the product, or of the goods ordered.
The order is confirmed, the buyer must accept by clicking where indicated, these terms. It will also choose the address and mode of delivery, and finally to validate the payment method.
The sale will be considered to be final:
-After sending to the buyer of the confirmation of acceptance of the order by the seller by e-mail;
- and after receipt by the seller of the full price.
Any order is acceptance of the prices and descriptions of products available for sale. Any dispute on this point will intervene in a possible exchange and guarantees mentioned below.
In some cases, especially default of payment, wrong address, or another problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the resolution of the problem.
For any question on the follow-up of an order, the buyer must call the following telephone number: 0616224103 (cost of a local call), at the following times and days: from Monday to Friday, from 10: 00 to 18: 00, or send an email to the seller at the address mail Next: baligreenbamboo@gmail.com.
Article 5 - Electronic Signature
The provision online of the buyer's credit card number and the final confirmation of the order shall be evidence of the agreement of the buyer:
-payment of amounts due in respect of the purchase order,
-signature and express acceptance of all the operations performed.
In case of fraudulent use of the credit card, the buyer is required, upon the finding of this use, contact the seller at the following telephone number: 0616224103.
Article 6 - Order Confirmation
The seller provides the buyer with a copy of the contract, by e-mail.
Article 7 - Evidence of the transaction
The computerized registers, preserved in the computer systems of the seller in reasonable conditions of safety, will be considered as proof of communications, orders and the payments occurred between the parts. The archiving of order forms and invoices is made on a reliable and durable support that can be produced as evidence.
Article 8 - Product information
The products governed by the present general conditions are those which appear on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller's liability could be engaged.
The photographs of the products are not contractual.
Article 9 - price
The seller reserves the right to change its prices at any time but is committed to applied rates indicated at the time of the order, subject to availability at that time.
Prices are in euros. They do not account delivery costs, invoiced in supplement, and indicated before the validation of the order. The prices include the VAT applicable on the day of the order and any change of the applicable rate VAT will be automatically reflected on the price of the products in the online store.
If one or several taxes or contributions, in particular, were to be created or modified, increase or decrease, this change will be reflected in the sale price products.
Article 10 - Method of payment
It is a command with obligation to pay, which means that the order involves a settlement of the buyer.
To set the order, the buyer, at its option, of all of the payment methods made available by the seller and listed on the vendor's site. The buyer guarantees the seller that he has the permissions necessary to use the method of payment chosen by him, during the validation of the purchase order. The seller reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment by bank card on behalf of the officially accredited organizations or in the event of non-payment. The seller including reserves the right to refuse to make a delivery or to honour an order coming from a buyer who would not have paid totally or partially a previous order or with whom a dispute is underway of Directors.
Article 11: Availability of the products - refund - Resolution
Except cases of force majeure or during periods of closure of the online store which will be clearly announced on the homepage of the site, the delivery period will be within the limit of stocks available, those listed below. Shipping times are from the date of registration of the order indicated on the order confirmation email.
For delivery in metropolitan France and in Corsica, the time is 3-5 days from the day following that where the buyer has sent his order, as follows: Colissimo. At the latest, the time will be 30 days after the conclusion of the contract.
For deliveries in the DOM - TOM, or another country, delivery will be specified to the buyer on a case by case.
Failure of the date or the delivery time agreed, the buyer must, before breaking the contract, require the seller to run it within a reasonable additional period.
Default execution at the end of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or by writing on another durable medium.
The contract will be considered to be resolved to the receipt by the seller of the letter or writing informing them of this resolution, unless the professional has run in the meantime.
However, the buyer may immediately terminate the contract, if the dates or times above are for him an essential condition of the contract.
In this case, when the contract is avoided, the seller is bound to refund the purchaser of all of the amounts paid, at the latest within 14 days of the date on which the contract was denounced.
In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the possibility to cancel his order. The buyer will then have the choice to ask either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
The delivery means transfer to the consumer of the physical possession or control of the property. The ordered products are delivered according to the modalities and time specified above.
The products are delivered to the address indicated by the buyer on the purchase order, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. Buyer may, at his request, obtain the sending of an invoice to the billing address and not the delivery address by validating the option provided for this purpose on the purchase order.
If the buyer is absent the day of delivery, the delivery man leave a passage in the box mailboxes, which will collect the parcel at the place and during the period indicated.
If at the time of delivery, the original packing is damaged, torn, opened, the buyer must check the status of the items. If they are damaged, the buyer must imperatively refuse the package and noted a reservation on the delivery note (parcel refused because opened or damaged).
The buyer must indicate on the voucher in the form of handwritten reserves, accompanied by his signature and delivery any anomaly concerning the delivery (damage, product missing compared to the delivery order, damaged parcel, broken... products).
This audit is considered to be made as soon as the purchaser, or a person authorized by him, signed delivery.
The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the items and send a copy of this mail by fax or simple mail to the seller at the address in the legal mentions of the site.
If the products need to be returned to the seller, they are subject to a request to return to the seller within 14 days of the delivery. Any claim made outside this period will not be accepted. The return of the product can be accepted only for products in their original state (packaging, accessories, instructions...).
Article 13 - Errors of delivery
Buyer will have to make from the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the products in kind or in quality compared to the indications appearing on the order form. Any claim beyond this time will be rejected.
The claim can be made, at the option of the buyer:
-phone number: 06.16.22.41.03;
-e-mail address: baligreenbamboo@gmail.com.
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release the seller from liability to the buyer.
Upon receipt of the claim, the seller will assign a number of exchange of the product (s) (s) concerned and will communicate by e-mail to the buyer. The exchange of a product can take place only after the allocation of the number of Exchange.
In case of error of delivery or Exchange, any product exchange or refund must be returned to the seller as a whole and in its packing of origin, in Colissimo recommended, to the following address: 27 street of the small wood, 17530 ARVERT.
The return costs are charged to the seller.
Article 14 - Product warranty
Legal compliance or security legal hidden defects
Bali Green Bamboo is responsible for the conformity of the goods with the contract, allowing the buyer to make a request in respect of the legal guarantee of conformity provided for in articles L. 217 - 4 and following of the code of consumption or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the civil code. In the case of the implementation of the legal guarantee of conformity, it is recalled that:
-the buyer has a period of 2 years from the delivery of the product to act;
-the buyer can choose between the repair or replacement of the property, under the cost conditions laid down by article L. 217 - 17 of the code of consumption;
-the buyer failed to provide evidence of non-compliance of the property for the 24 months in the case of new goods, following the delivery of the goods.
In addition, it is recalled that:
-the legal guarantee of conformity applies regardless of the commercial guarantee below.
-the buyer can decide to implement the guarantee against hidden defects of the thing sold in the sense of article 1641 of the civil code. In this case, he can choose between the cancellation of the sale or a reduction in the price in accordance with article 1644 of the civil code.
Article 15 – Right of withdrawal Application of the right of withdrawal
In accordance with the provisions of the code of consumption, the buyer has a period of 14 days from the date of delivery of the order, to return any item not agreeing to him and request an Exchange or reimbursement without penalty, to except for the expenses of return which remain the responsibility of the buyer.
Returns are to be made in their original condition and complete (packing, accessories, instructions...) allowing their re-marketing the State 9, accompanied by the purchase invoice.
Damaged, soiled or incomplete products are not included.
The right of withdrawal may be exercised online, using the form available on this website. In this case, an acknowledgement on a durable medium will be immediately communicated to the buyer. Any other mode of statement of withdrawal is accepted. It must be devoid of ambiguity and express the will to recant.
In the event of exercise of the right of withdrawal within the above-mentioned period, the price of the product (s) purchased (s) are reimbursed and delivery costs are reimbursed.
The return costs are charged to the buyer.
The Exchange (subject to availability) or refund will be made within a period of 8 days, and at the latest within the period of 14 days from the receipt, by the seller, products returned by the buyer as provided above.
Exceptions under article L221-28 of the Code of consumption, the right of withdrawal cannot be exercised for contracts:
-for the supply of goods whose price depends on fluctuations in the financial market outside the control of the professional and likely to occur during the withdrawal period;
-for the supply of goods made to the consumer's specifications or clearly personalised;
-for the supply of goods likely to deteriorate or to expire quickly;
-for the supply of goods which have been unsealed by the consumer after delivery and who cannot be dismissed for reasons of hygiene or health protection;
-for the supply of goods which, after having been delivered, and by their very nature, are mixed inseparably with other items.
-for the supply of alcoholic drinks whose delivery is delayed beyond 30 days and the value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
-of maintenance or repair to achieve urgently to the domicile of the consumer and expressly requested by him, within the limits of the spare parts and work strictly necessary to respond to the emergency;
-for the supply of audio or video recordings or of software when they have been unsealed by the consumer after delivery;
-for the supply of a newspaper, a magazine or a magazine, except for contracts of subscription to these publications;
-for the supply of digital content not supplied on a physical carrier whose execution began after prior agreement the consumer express and Express renunciation of his right of withdrawal.
Article 16 - Force majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension.
The party who invokes the above circumstances must immediately notify the other party of their occurrence, as well as their disappearance.
Will be considered as force majeure all made or circumstances irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible. Expressly, are considered as cases of force majeure or fortuitous, in addition to those usually retained by the jurisprudence of the courses and the french courts: the blocking of the means of transport or supplies, earthquakes, fires, storms, floods, lightning, stop telecommunication networks or difficulties specific to external telecommunication networks to customers.
The parties closer to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the event of force majeure lasting more than three months, the present general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the Web site remains the property of the seller, single owner of the rights of intellectual property in such content.
The buyers commit to not make any use of this content; any reproduction total or partial of this content is strictly prohibited and may constitute a crime of counterfeiting.
Article 18 - computer and freedoms
The personal data provided by the buyer are needed to process his order and the establishment of invoices.
They may be communicated to the partners of the seller responsible for enforcement, treatment, management and payment orders.
The treatment of the information communicated through the website Bali Green Bamboo underwent a declaration with the CNIL.
The buyer has a right of access, modification, rectification and opposition regarding the information. This right can be exercised under the conditions and according to the modalities defined the site of Bali Green Bamboo.
Article 19 - Partial invalidation
If one or more stipulations of these general conditions are held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will keep all their force and scope.
Article 20 - no waiver
The fact that one of the parties to not rely on one breach by the other party to any of the obligations contained in the present general conditions cannot be interpreted in the future as a renunciation of the obligation in question.
Article 21 - title
In case of difficulty of interpretation between any titles appearing first clauses, and one any clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general terms of sale are written in French. In which case they would be translated into one or several foreign languages, only the french text would make faith litigation.
Article 23 - Mediation
Buyer may resort to conventional mediation, including the Commission of mediation of consumption or authorities of existing sectoral mediation, or any alternative mode of settlement of disputes (conciliation, by) example) in case of dispute.
Article 24 - Applicable law
The present general conditions are subject to the application of french law. The competent court is the District Court for disputes where the amount is less than or equal to €10000 or the Court of first instance for disputes where the amount is higher than €10000.
It is thus for the substantive rules as for the rules of form. In case of dispute or claim, the buyer will address in priority to the seller to get an amicable solution.
Article 25 - Protection of personal data
Data collected:
The personal data collected on this site are:
Account opening: during the creation of the account of the user, his name, e-mail address; phone number; mailing address;
Connection: when connecting the user to the site web, it saves, including, name, data connection, usage, location and its data relating to the payment.
Profile: the use of benefits provided on the website allows you to complete a profile, which may include an address and a phone number.
Payment: in the context of the payment of the products and services offered on the site web, it saves financial data to the user's credit card or bank account.
Communication: when the web site is used to communicate with other members, the communications of the user data are temporary preservation.
Cookies: cookies are used as part of the use of the site. The user has the ability to disable cookies from their browser settings.
Use of personal data
The personal data collected from users have for objective provision of the services of the web site, their improvement and maintaining a secure environment. Specifically, the uses are the following:
-access and use of the website by the user;
-management operation and optimization of the web site;
-Organization of the terms of use of payment Services;
-verification, identification, and authentication of data transmitted by the user;
-proposal to the user of the ability to communicate with other users of the website;
-implementation of assistance users.
-personalization of services by displaying advertisements based on the history of navigation of the user according to its preferences;
-prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
-management of possible disputes with users;
-sending of commercial and advertising, information based on the preferences of the user.
Sharing of personal data with third parties
Personal data may be shared with third parties, in the following cases:
-When the user uses the services of payment, for the implementation of these services, the web site is in relation to banking companies and third-party financial with whom she has had contracts;
-When the user publishes, in the areas of free reviews of the web site, the information available to the public;
-When the user allows the website to a third party access to its data;
-When web site uses the services of providers to provide assistance users, advertising and payment services. These providers have limited access to the data of the user, as part of the performance of these services, and have a contractual obligation to use in accordance with the provisions of the regulation regarding protection of the personal data;
-If required by law, the web site can perform data transmission to pursue claims against the web site and to comply with procedures, administrative and judicial;
-If the web site is involved in a merger, acquisition, sale of assets or receivership proceedings, it can be brought to assign or share all or part of its assets, including the data personal. In this case, users would be informed before personal data are transferred to a third party.
Security and confidentiality
The website implements the measures organizational, technical, software and physical security of digital technology to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that internet is not a completely secure environment and the web site cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of the rights of the users
Pursuant to the regulations applicable to the personal data, users have the following rights, they can exercise by their application to the following address: baligreenbamboo@gmail.com.
the right of access: they can exercise their right of access to personal data about them. In this case, before the implementation of this law, the web site may ask for proof of the identity of the user to verify the accuracy.
the right of rectification: If personal data held by the website are inaccurate, they can request the update of the information.
the right to delete data: users can request the deletion of their data of a personal nature, in accordance with the applicable data protection laws.
the right to the treatment limitation: users can ask the web site to limit the processing of personal data in accordance with the assumptions provided by the RGPD.
the right to oppose the processing of data: users can oppose that his data are handled in accordance with the assumptions provided by the RGPD.
the right to portability: they can claim that the website release personal data provided to pass them on to a new web site.
Evolution of this clause
The web site reserves the right to make any change to this clause on the protection of the personal data at any time. If a change is made to this clause for the protection of the personal data, the web site undertakes to publish new version on its site. The website will also inform users of the change by e-mail, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the clause for the protection of the personal data, it has the ability to delete his account.
Annex: Form of withdrawal (to compete by the consumer,
and send by letter Tavern with acknowledgment of receipt,
within the maximum period of 14 days following the date of conclusion of the contract of delivery)
Withdrawal form
The attention of:
SARL ARNOLUC 1729
located in: 27 street of the small wood, 17530 ARVERT
phone number: 0616224103
address mel: baligreenbamboo@gmail.com
I will notify you, hereby, my withdrawal from the contract for the provision of service, ordered the:...
First name and name of the consumer:...
Address of the consumer:...
Date:...
Signature of the consumer
_________________________________________________________________________
Annexes
The consumer code
Article l. 217-4: "the seller book a well in accordance with the contract and is responsible for the defects existing at the time of issue.
It meets also the defects resulting from packaging, mounting or installation instructions when it has been to his office by contract or was carried out under its responsibility."
Article l. 217-5: "the good conforms to the contract:"
(1) if it is specific to the use normally expected of a similar property and, if so:
-If it fits the description given by the seller and has the qualities that it has presented to the buyer as a sample or model;
-If he has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
(2) or if it has the defined characteristics of a mutual agreement by the parties or is any special use sought by the purchaser, to the knowledge of the seller and that the latter has accepted."
Article l. 217-6: "the seller is not bound by the public of the producer or his representative statements if it is established that he did not know them and legitimately wasn't able to know".
Article l. 217-7: "the defects which appear within a period of 24 months from delivery of the goods are presumed to exist at the time of delivery, unless proved otherwise. For second-hand goods sold, this deadline is six months. The seller can combat this presumption if it is not compatible with the nature of the property or the lack of conformity invoked."
Article l. 217-8: "the buyer is entitled to demand compliance of the goods to the contract. It cannot however challenge compliance by invoking a defect he knew or could not ignore when he contracted. It applies when the default has its origin in the materials he provided himself."
Article l. 217-9: "in the event of lack of conformity, the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice results in a clearly disproportionate cost with respect to the other modality, given the value of the property or the significance of the lack. He is then required to proceed, except impossibility, depending on the modality chosen not by the buyer."
Article l. 217-10: "If the repair and replacement of the good are impossible, the buyer can make good and make refund the price or keep the property and to make part of the price. The same Faculty is open to him: (1) if requested, proposed or agreed upon solution in application of article L. 217 - 9 can be implemented within a period of one month following the claim by the buyer; (2) or if this solution cannot be without major inconvenience for it given the nature of the property and the use that it searches. The resolution of the sale however cannot be used if the lack of conformity is minor."
Article l. 217-11: the application of the provisions of articles L. 217 - 9 and L. 217-10 takes place without any charge to the buyer. These same provisions do not obstacle the allocation of damages.
Article l. 217-12: "the action as a result of the lack of conformity is prescribed by two years from the delivery of the product."
Article l. 217-13: "les provisions of this section would not deprive the buyer of the right to exercise the action resulting from redhibitory vices such as it results in articles 1641 to 1649 of the civil code or any other action of a contractual nature or "liability that it is recognized by the law. "
Article l. 217-14: "L'action recourse fear be exerted by the vendur final against sellers or successive intermediaries and the producer of the chattel body, according to the principles of the civil code.
Article l. 217-15: commercial guaranteed "the means any contractual commitment of a professional to the consumer for the refund of the purchase price, replacement or repair of the goods or provision of any other service in relationship with the property, in addition to its legal obligations to ensure the compliance of the property.
The commercial guarantee is being a written contract, of which a copy is given to the buyer.
The contract specifies the content of the guarantee, the modalities of its implementation, its price, its duration, its territorial and the name scope and address of the guarantor.
In addition, he mentions clearly and says that, regardless of the commercial guarantee, the seller remains bound to the legal warranty of compliance referred to in articles L. 217 - 4 L. 217 - 12 and that relating to the defects of the thing sold, in the conditions laid down in articles 1641 to 1648 and 2232 of the civil code.
The provisions of articles L. 217 - 4, L. 217 - 5, L. 217 - 12 and L. 217 - 16 as well as article 1641 and the first paragraph of article 1648 of the civil code are reproduced in full in the contract.
Failure to respect these provisions, the warranty remains valid. "The buyer is entitled to rely. "
Article l. 217-16: "when the buyer asks the seller, during the course of the commercial guarantee that it has been granted during the acquisition or repair of a chattel, a reclamation under warranty, any period of immobilization at least seven days adds to the length of warranty remaining.
This period runs from the request of intervention of the buyer or available for repair of the property in question, if this provision is subsequent to the application for action."
Civil code
Article 1641: "the seller is bound to the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so impair the purpose, that the buyer would not have bought it, or would have given that a lower price" ", if he had known."
Article 1648: "action resulting from redhibitory vices must be brought by the buyer, within a period of two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, from foreclosure, in the year following the date on which the seller can be unloaded vices or defects of co nformite' apparent.