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GENERAL CONDITIONS OF SALE AND USE

Version 1.0 of 04/18/2015



1. Preliminary Notices 
2. Modality of subscription orders and purchasing process
3. Product prices , taxes and shipping costs 
4. Payment Information 
5. Delivery or provision 
6. Customer Service and withdrawal right 
7. Warranty for products purchased on this site 
8. Provisions specific to the nature of some products 
9. User space 
10. Exemption from liability of the publisher 
11. Statements relating to the Data Protection Act 
12. Statements relating to the collection of "cookies" 
13. Intellectual Property on site elements 
14. General and governing law



 

1. Preliminary Notice

a) Legal notices

To comply with the law for confidence in the digital economy of 21 June 2004, will be set out below the legal notices required to enable the identification of the publisher of this website. This site is published by BALAMATA society, SARL with capital of € 40,000, registered with the trade and Nimes Companies under number 74998529700011 and whose registered office is at 28 Bis Rue Marceau, 30220 Aigues Mortes. The editor can be reached by phone at 07 82 81 48 38 or by email at the following address: contact@balamata.fr

VAT number: FR66749985297.

The publishing director of the site is Stéphane Nauroy.

The Managing Editor Stéphane is Nauroy.

This site is hosted by OVH, whose registered office is at 140 Quai du Sartel 59100 Roubaix, available by telephone at the following number: 08 99 70 17 61.

This website was created using open-source solution PrestaShop™. The terms of sale were generated through CGV-expert.fr.

b) Subject

This site is for free and unrestricted access to any Internet user. It consists of an online product sales site.

c) Acceptance of the general sales conditions

Subscriptions to a contract governed by these terms and conditions with the publisher of this site implies acceptance by the user, said general conditions of sale. Users acknowledge the same fact have read and understood. This acceptance will consist in the fact, for the user, to validate these terms.

The user recognizes the value of evidence of automatic recording systems the editor of this site, except for him to bring evidence to the contrary, it gives up the contest in case of dispute.

The acceptance of these terms requires the users they enjoy the legal capacity necessary for this, or if they have permission from a guardian or trustee if they are unable , their legal representative if they are minors, or they hold a mandate if they act on behalf of a corporation.

2. Modality of subscription orders and purchasing process

The products are sold in the stocks. Product availability is indicated on the site, in the description of each item.

To satisfy the provisions of the trust law in the digital economy of 21 June 2004, will be described below the ordering process :

To place an order, the user can select one or more products and add them to the basket. When the order is complete, he can access his cart by clicking the button provided for this purpose. By consulting his basket, the user will have the option to check the number and the nature of the products he has chosen and will check the unit price and the overall price of the order. It will be able to remove one or more products from their cart. On this summary will be particularly indicated to the user the option available to him or not to exercise his right of withdrawal as well as deadlines and conditions that apply.

If the order suits him and wishes to validate, the user can click on the submit button, then it will access a form where it can either enter their login name if it already has one or s 'register on the site by filling out the form presented to him with personal information about him.

Once it is connected, or after it has fully completed the form, the user will be prompted to check or change contact information delivery and billing, read and accept these conditions, confirm the order and will be invited to perform its payment being redirected for this purpose on the secure payment interface.

Once payment is actually received by the site editor, the latter undertakes to acknowledge receipt to the user electronically, within a maximum of 24 hours.

Similarly and in the same time frame, the publisher agrees to send the user an email summary of the order to him to confirm the treatment and to provide all information related to the order.

3. Product prices, taxes and shipping costs

The prices listed on the site agreed in Euros, including taxes and delivery costs. Prices are firm, without discount or rebate or discount. These prices can be modified at any time by the publisher. The price applicable to the customer is that in force when ordering.

Delivery costs will, in any event, indicated to the customer before any regulation.

For deliveries outside the European Union and Dom-Tom, the user is informed that the customs duties and other taxes will eventually be due. The necessary formalities and payment of such duties and taxes are not the responsibility of the publisher and will in any event be borne by the user. It is up to the latter to check all these data and the possibility of importing the product from the competent authorities of the country of delivery, before ordering on the website.

PRODUCTS SOLD REMAIN THE PROPERTY OF THE PUBLISHER TO FULL PAYMENT OF THEIR PRICE, IN ACCORDANCE WITH THIS CLAUSE OF PROPERTY RESERVE. RISKS ARE TRANSFERRED TO THE CUSTOMER FROM THE DELIVERY OF PRODUCTS.

4. Payment Information

The user can place order on this site and can perform its payment by credit card.

The credit card payments are made via secure transactions provided by the service provider : CM-CIC p@yment.

As part of credit card payments, the publisher of this site has access to any data on the customer's payment means.

The delivery defined in Article below shall run only from the date of actual receipt of payment by the seller, the latter can prove it by any means. Failing to receive payment from the customer within eight days of the order, the order will be resolved and the products put on sale on the site.

Defaulting to completion of any amount due to the publisher give rise to the collection of penalties equal to three (3) times the legal rate of interest which will be added a lump sum of 40 euros for recovery costs . These penalties will be due from the day after the due date of the unpaid amounts, without prior notice.

5. Delivery or provision

a) Time

Orders are delivered by SO COLISSIMO, or any carrier designated by the publisher within 5 - 15 working days after the full payment is received corresponding to the command.

Some products or certain order volumes may justify a period of higher delivery, this will be expressly stated to the user's attention while validating the order.

b) Damage and partial loss

If delivery of a package clearly and visibly damaged, incomplete or contains damaged items, it is the client to refuse the order to enjoy the guarantee offered by the carrier. The user must also inform the publisher without delay so that a new package is prepared for it, and then shipped upon receipt of the parcel damaged back. In such cases the delivery times indicated above in these terms and conditions shall no longer apply.

Likewise, the user will reject any incomplete or contains damaged parcel objects. In accordance with Article L 133-3 of the Commercial Code, receiving items carried out any action against the carrier for damage or partial loss if within three days, excluding holidays, after that of the reception, the recipient has not notified the carrier, by registered letter, a reasoned protest. Failing to complete that formality, the user will not be compensated.

6. Customer Service and withdrawal right

a) Customer Service

The present site customer service is available Monday to Friday from 10 to 18 in non-premium following telephone number: 07 82 81 48 38, by email to the following address contact@balamata.fr or mail to address: BALAMATA, 28 Bis Rue Marceau, 30220, Aigues Mortes. In the latter two cases, the publisher agrees to provide a response within two business days.

b) Right of withdrawal

The consumer has the right to withdraw from this contract without giving any reason, within fourteen days (14 days). The withdrawal period ends fourteen days after the day on your own, or a third party other than the carrier and indicated by you acquires, physical possession of the property or the last good.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by an unequivocal statement (eg letter sent by mail, fax or email). To your convenience, you can use the model withdrawal form, but it is not mandatory.

In order for the withdrawal period is complied with, just like you to convey your communication on the exercise of the right of withdrawal before the expiration of the withdrawal period.

c) Effects of withdrawal

In case of withdrawal from you, we will refund all payments received from you, including the costs of delivery (with the exception of additional costs arising from the fact that you have chosen, if appropriate, another delivery method the least expensive mode proposed standard delivery) without undue delay and in any event, not later than fourteen days from the day we are informed about your decision to withdraw. We will refund using the same payment method that you have used for the initial transaction, unless you expressly agree in a different way; in any event, such reimbursement does not incur any fees for you. We may withhold reimbursement until we have received the goods or until you have provided proof of the shipment, whichever is the earliest of these facts.

You will return or return the property without undue delay and in any event, not later than fourteen days after you have communicated us your withdrawal decision. This deadline is met if you send back the goods before the period of fourteen days.

You will have to bear the direct cost of returning the goods. The cost of returning the property when the latter, because of its nature, can not normally be returned by post will be indicated by the publisher prior to the conclusion of the contract.

Your responsibility is taken only in respect of the depreciation of property resulting from the handling other than what is necessary to establish the nature, characteristics and the functioning of this property.

7. Warranty for products purchased on this site

Under warranty for products purchased on this site, the user, in accordance with Article 1641 of the Civil Code on legal guarantee against hidden defects, a period of two years from the finding said Vice requesting cancellation of the sale or reduction of the sale price (Article 1644 of the Civil Code) and, pursuant to L211-4 and following of the Consumer Code, in the event that the delivered n ' not comply, the consumer will have a period of two years from receipt of the product to request repair or replacement cost subject to conditions laid down in Article L. 211-9 of the Consumer Code . The consumer is not required to provide proof of the existence of the lack of conformity of the property during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods.

To exercise any of these rights, it is up to the client to approach the customer service of the publisher.

Some items purchased on this website enjoy in addition to the guarantee against hidden defects defined by the Civil Code and the guarantee of compliance required by Article L211-5 of the Consumer Code to them, if any, still applicable and are defined above, in a conventional warranty offered by the seller or the manufacturer, the duration will likely vary by product, which will include details on the listing sheet and the use of the manual product. The potential commercial warranty is subject to a written contract, a copy is given to the buyer.


8. Provisions specific to the nature of some products

All products sold on this site are marketed in compliance with the laws and regulations in force in France . Required displays required by laws and regulations in force are carried on this site , particularly in the description of each item.

9. User space

a) Creation

Creating a user account is a prerequisite to any order of a user. To this end , the user will be asked to provide certain personal information . The user agrees to provide accurate information under penalty of termination of the contract on the initiative of the editor and delete the user account.

Some information will be deemed essential to the contract and their collection will be essential to the creation of the account and the validation of the contract . The refusal by a user to provide such information will effectively prevent the creation of the user account and , incidentally, the validation of the order.

b) Operation

This space allows the user to view all orders placed on the site and also enables it, if necessary, to follow the delivery of purchased products.

If the data contained in the user account were to disappear as a result of unforeseeable circumstances, technical failure or force majeure, the liability of the publisher of this site could not be committed, such information having no probative value but only an informative character. The publisher will, however, keep securely all contractual elements whose conservation is required by law or regulations.

The publisher reserves the exclusive right to delete the account of any user that would have violated these terms and conditions (including but not that this example has any exhaustive, when the user has knowingly provided false information at registration and constitution of his account) or is inactive for at least one year. Said removal will not be likely to constitute harm to the excluded users who can not claim any compensation as a result.

This exclusion does not exclude the possibility for the publisher to undertake judicial proceedings against the user when the facts have warranted.

c) Password

When creating the user account, it will be asked to choose a password. This password is the guarantee of confidentiality of information in their account and therefore agrees not to transmit or disclose it to third. Otherwise, the site will not be held liable for unauthorized access to a user account.

10. Exemption from liability of the publisher

a) Accessibility to the site and force majeure

If unable to access the site due to technical problems or any kind, the user may not claim injury and can not claim any compensation.

The unavailability , even prolonged period and without limitation , one or more products can be constitutive of injury to the user and can in no way give rise to the award of damages by Site or the editor .

The publisher shall in no event be liable for breach of contract can be attributed to a case of force majeure within the meaning given to it by the French courts.

b) A visual representation of the products

Visual representations of the products published on this site are guaranteed by the publisher as perfectly faithful to reality, in order to satisfy its obligation to perfect information . However, in the current state of the art rendering of these representations especially in terms of color or shape , can vary significantly from one computer station to another or differ from reality depending on the quality of the graphics and accessories screen or in the resolution of the display. These variations and differences may in no case be attributed to the publisher shall in no event be held liable therefore.

c) Products sold on the site

The publisher agrees to comply with all applicable provisions in force in France and can not be held responsible for non-compliance with regulations and laws in force in other countries.

The publisher of this site does not in any way be held responsible for the misuse of the products, poor maintenance products, accidental damage or misuse of the products.

The products proposed for sale on the site being sold not installed, the user declares his case to the installation of the products that will perform in the rules of art and in accordance with the instructions. d) Hyperlinks The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site shall not be incurred if the content of these sites contravenes the laws. Also the responsibility of the publisher of this site can not be engaged if the visit by the user of one of these sites, caused him harm.

Newsletter Editor and partners

By checking the box provided for this purpose or by giving their express agreement to that end, the user accepts that the publisher can send them at a frequency and format of its choosing, a newsletter (newsletter ) which may include information relating to its business. When the user checks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered.

The subscribed users will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

Similarly, users have accepted the communication of personal data (including his electronic mail address) partners thirds of this website by checking the box provided for that purpose, may need to receive newsletters (letters information) emitted by these partners, commercial or not, the intervals and in the manner determined by said partners.

The user has at any time the right to unsubscribe by clicking the link provided for this purpose, present on each of the newsletters (newsletters) emitted by the partners. Otherwise, the user has the option to unsubscribe through direct contact with the said issuers or newsletters (newsletters). The publisher of this website can in no way be held responsible for the content, data or forms newsletters (newsletters) sent by those partners, regardless of the damage allegedly suffered by the user. All claims must be made directly with the issuer of the newsletter (newsletter).

11. Statements relating to the Data Protection Act

a) General - Purpose - Duration

The user has the option of providing free personal information about him. Providing personal information is not essential for navigation on the site. However, registering on this site involves the collection, by the editor of a number of personal information about the user. Users not wishing to provide the necessary information to create a user account can not place order on this site.

The data collected are necessary for the proper administration of the services offered on this website as well as respect for its contractual obligations by the publisher. This data is stored by the publisher in this unique quality, and the publisher agrees not to use them in another context or pass them on to third parties, excluding express consent of users or as provided by law.

Contact information for all registered users of this website are saved for a maximum period of 12 months from the removal of personal space, reasonable time necessary for the proper administration of the site and normal use of data. This data is kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the Data Protection Act of January 6, 1978.

b) The right to access, rectify and oppose

Under the Data Protection Act, the user has the right to oppose, query, access and rectify data he provided . For this, it is sufficient to make the request to the editor of this site, by making it to the following email address : or by mail to the address of the publisher's office mentioned at the beginning of these terms.

Personal data collected is subject to computer processing and are exclusively reserved to the site editor .

The controller is : SARL BALAMATA

Number of declaring to the CNIL : 1694024

c) IP address

Furthermore, the publisher reserves the right to collect the IP ( Internet Protocol) public of any user. The collection of this IP address will be made anonymously, will be retained for the same duration that the personal information and will only allow for the proper administration of the services offered on this site. The IP address is a series of points to separate figures for the unique identification of a computer on the Internet.

The editor will communicate any personal data about a user to the police ( on judicial requisition ) or any person ( by order of the judge). The IP address of any computer can be reconciled with the actual identity of the subscriber held by the ISP ( internet providers).

 

12. Statements relating to the collection of "cookies"

a) General - Purpose - Duration

To allow users an optimal navigation on this site and better functioning of the various interfaces and applications, the publisher may proceed with the installation of a cookie on his computer station. This cookie allows you to store information relating to navigation on the site (date, page, hours) as well as any data entered by the user during his visit (search, login, email, password). These cookies are meant to be kept on the computer terminal of the user for varying periods up to 12 months, and can be read and used by the publisher at a subsequent visit to the user on this site .

b) Right to object to the implementation of the cookie

The user has the ability to block, modify the retention period, or delete this cookie via their browser interface (usually: tools or options / privacy or private life). In this case, browsing through this website will not be optimized. If disabling cookies systematically on the browser of the user prevents them from using certain services or functionality provided by the publisher, this malfunction can not in any way constitute harm to the user who can not claim any compensation thereby.

c) Deleting cookies

The user also has the ability to delete cookies previously present on their computer, by going to the menu of their browser provided for this purpose (usually tools or options / privacy or private life). Such action does not affect its navigation on this site, but lost to the user all the benefits brought by the cookie. In this case, it would again have to enter all the informations about it.

13. Intellectual Property on site elements

All elements of this site belong to the publisher or the subject of an operating license and is protected by legislation on intellectual property.

The user therefore acknowledges that, in the absence of authorization, any total or partial copy and any distribution or operation of one or more of these elements, whether or not modified, will likely give rise to legal prosecutions against him by the publisher or his assigns.

This protection will include all text and graphics contained on the site, but also on its structure, its name and its graphic.

Similarly, the user agrees to be informed that the matrix of these terms has been filed with a bailiff and any reproduction, even partial of this document may be subject to prosecution for economic parasitism.

 

14. General and governing law

a) Amendment to General Conditions

These general conditions can be modified at any time by the site editor or agent . The general conditions applicable to the user are those in effect on the date of the order. The publisher obviously agrees to keep all its old general conditions and send them to any user who so requests .

 

b) Governing Law and Jurisdiction

These terms are subject to the application of French law and the exclusive jurisdiction of French courts. The contract language is French, any version available in foreign languages on the website is for information only. Also, this site will be translated into various languages in order to facilitate navigation of non-Francophone users wishing to order on the site.

FOR ANY DISPUTE WITH A CLIENT WITH QUALITY TRADER WITHIN THE MEANING THAT GIVE HIM THE COURTS OF FRENCH LAW, IS ASSIGNED EXCLUSIVE JURISDICTION TO THE COURTS IN THE SPRING WHICH THE PUBLISHER IS ESTABLISHED.

c) Friendly settlement of disputes

Unless provisions of public order, any disputes that may arise in connection with the execution of these general conditions before any legal action can be submitted to the discretion of the editor of the site for a settlement. It is expressly stated that the settlement of claims do not suspend the time limits allowed for instituting legal proceedings.

d) Severability

If any provision of these terms were to be declared void by a court, such invalidity shall not entail the nullity of all other clauses, which continue to produce their effect.

e) No Waiver

The fact that the parties not to rely on a temporary or permanent basis of one or more provisions of these terms and conditions shall carry in any case waiver of the remaining terms and conditions. If a consumer wishes to cancel the order, he can use the form below.


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MODEL OF WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract.)

Attn BALAMATA, 28 Bis Rue Marceau, 30220 Aigues Mortes. Reached at 07 82 81 48 38 or by email at the following address: contact@balamata.fr

I / We (*) notifies you / notifions (*) by my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of services (*) below:

* Ordered on (*) / received (*): ........................................................

* Name () consumer (s): ..........................................................

* Address (of) consumer (s): ...........................................................

Signature (of) consumer (s) (only if notification of this form on paper) ....

* Date: ..........................................................

(*) Delete as appropriate.

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