TERMS AND CONDITIONS OF SALE
preamble
This site is operated by Billes & Co. SAS, headquartered at 27, rue de merlan, 93130, Noisy-le-Sec (France) and registered in the Bobigny Trade and Companies Register under number 852 706 407, with share capital of 4,000 euros. the VAT number of Billes & Co. SAS is FR22852706407. The publishing director of this site is Claire Speissmann, who can be contacted on 06.76.04.69.31 or at contact@billesandco.paris.
This site is hosted by OVH, located at 2 rue Kellermann, BP80157/59053 Roubaix Cedex 1, Tel: 08 203 203 63, Mail: support@ovh.com
These terms and conditions govern the sale by SAS Billes & Co of products and services offered online on the SAS Billes & Co website. https://www.billesandco.paris : Games and toys, marbles sets and boxes. SAS Billes & Co reserves the right to modify these terms and conditions of sale at any time by publishing a new version on the website. https://billesandco.paris. The general terms and conditions of sale are those in force on the date the order is validated. It is agreed that photographs of goods offered for sale on the site https://billesandco.paris have no contractual value.
ARTICLE 1. - SCOPE OF APPLICATION
The present General Conditions of Sale are applicable to any sale of goods and services by the company SAS Billes & Co through the site https://billesandco.paris to consumers only, in the sense that the law and jurisprudence give, acting exclusively for their own account. The validation of any order on the site https://billesandco.paris is worth acceptance without reserve nor restriction of the present General Conditions of Sale. These are applicable for orders made for delivery in metropolitan France, including Corsica.
ARTICLE 2. - ORDERING GOODS AND SERVICES - ONLINE SALES COMPLETION STAGES
To complete the Order, you must follow the following steps:
- Enter site address
- Follow the instructions on the site and, if you wish, the instructions for opening a customer account.
- Fill out the order form. In the event of prolonged inactivity during connection, the selection of goods and services chosen prior to this inactivity may no longer be guaranteed. You will then be prompted to restart your selection of goods and services from the beginning.
- Check order elements and, if necessary, identify and correct errors
- Confirm order, total price and all-inclusive price
- Follow the instructions on the online payment server to pay the all-inclusive price.
You will then receive an electronic confirmation of acceptance of payment of the order. You will also receive electronically an acknowledgement of receipt as confirmation of the order.You will also receive electronic confirmation of the shipment of the order.The delivery will take place at the delivery address indicated at the time of the order.When carrying out the above-mentioned steps of the order, you commit yourself to respect the present contractual conditions, by application of article 1366 of the Civil Code.
The company SAS Billes & Co undertakes to honour the order only within the limits of the available stocks of goods. If the goods are not available, the seller undertakes to inform the customer.However, in accordance with theArticle L. 121-11 of the Consumer CodeSAS Billes & Co reserves the right to refuse the order for any legitimate reason.
ARTICLE 3. - PRICES OF GOODS AND SERVICES AND CONDITIONS OF VALIDITY
The price of goods and services sold on the site is indicated by article and reference or by service and reference respectively. At the time of the validation of the order, the price to be paid is the all-inclusive price. The telecommunication costs inherent to the access to the site remain at your exclusive charge. The validity of the offers and prices is determined by the updating of the site.
ARTICLE 4. - TERMS OF PAYMENT
The payment of the all-inclusive price by you is done online by Paypal or Credit Card. The payment can also be made in cash or by credit card at Atelier Billes & Co – 27 rue de merlan – 93 130 Noisy-le-Sec. In case of payment by Paypal or Credit Card, if the debit of the all-inclusive price were to be impossible, the online sale would be immediately resolved by right and the order would be cancelled. No order will be processed if payment is not received. SAS Billes & Co makes every effort to ensure the confidentiality and security of data transmitted via the https://billesandco.paris website. You are solely responsible for any telecommunication costs incurred in accessing the site. The validity of the offers and prices is determined by the updating of the site.
ARTICLE 5. - ORDER DELIVERY
5.1. DELIVERY METHOD
You choose a method of delivery proposed on the site at the time of the realization of the Order. It is also possible to take delivery of the product at the Atelier Billes & Co (27 rue de merlan – 93130 – Noisy-le-Sec) during its opening hours (in this case, articles 5.2 to 5.6 are not applicable).
5.2. DELIVERY ADDRESS
You choose a delivery address located in metropolitan France, under penalty of refusal of the order. You are solely responsible for any failure to deliver due to a lack of information at the time of ordering. If you wish a delivery abroad, the order taking and its treatment will be done by email(contact@billesandco.paris) or telephone (+33 6 76 04 69 31). The delivery costs abroad (E.U. and outside E.U.) as well as the possible customs charges will be communicated to you precisely according to the amount and the destination of your order, before validation of the order.
5.3. DELIVERY CHARGES
The amount of the Delivery Costs depends on the amount of the order and the delivery method chosen by you. In any case, the amount of the delivery costs is indicated to you before the validation of the order.
5.4. DELIVERY DEADLINES
Delivery times are available on the website https://billesandco.paris and may vary depending on the availability of goods.The delivery times are in working days and correspond to the average times of preparation and routing of the order. The delivery times run from the date of payment of the order to SAS Billes & Co.
5.5. LATE DELIVERY
In case of delay in delivery, the order is not cancelled. The company SAS Billes & Co will inform you by e-mail that the delivery will intervene with delay. You can then decide to cancel the order and send us a notice of cancellation of the order by registered letter with acknowledgement of receipt. If the order has not yet been shipped when SAS Billes & Co receives your cancellation notice, the delivery is blocked and you will be reimbursed for any sums debited within fifteen days of receiving the cancellation notice. If the order has already been shipped when SAS Billes & Co receives your cancellation notice, you can still cancel the order by refusing the package. The company SAS Billes & Co will then proceed to the reimbursement of the sums debited and the return costs paid by you within fifteen days following the receipt of the return of the package refused complete and in its original state.
5.6. CHECK ORDER ON ARRIVAL
You are required to check the condition of the packaging and the items upon delivery. It is your responsibility to make any reservations and claims that you consider necessary, or even to refuse the package, when the package is obviously damaged upon delivery. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of delivery of the goods. You must also send a copy of this letter to SAS Billes & Co. Failure to file a claim within the aforementioned time period shall extinguish any action against the carrier in accordance with Article L. 133-3 of the Commercial Code. You must ensure that the goods delivered correspond to the order. In case of non-conformity of the goods in kind or in quality to the specifications mentioned in the delivery note, the customer must inform the company SAS Billes & Co – 27 rue de merlan – 93130 – Noisy-le-Sec – France (contact@billesandco.paris) by e-mail and send the goods to the address of the head office (Atelier Billes & Co – 27 rue de merlan – 93130 – Noisy-le-Sec – France)
ARTICLE 6. - RIGHT OF WITHDRAWAL
You have a right of withdrawal which you may exercise within fourteen calendar days of receipt or collection of the order, without reason or financial penalty. If this period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. You have a period of 14 days following the communication of the decision of retraction to send us the products concerned. If you exercise your right of withdrawal within fourteen days of receiving the product, you will be reimbursed only for the price of the product(s) purchased and the cost of postage. You will be responsible for the cost of returning the product(s). Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, and accompanied by the order reference number. In the event of depreciation of the product resulting from handling, your responsibility may be engaged.
You can exercise your right of withdrawal by mail or email, subject to indicate the order number of the product, or by sending the withdrawal form (Annex 1) to the company SAS Billes & Co – 27 rue de merlan – 93130 – Noisy-le-Sec – France. The right of withdrawal cannot be exercised for the following products: the supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal; the supply of goods or services whose price depends on fluctuations in the financial market outside the trader’s control and which may occur during the withdrawal period; the supply of goods made to the consumer’s specifications or clearly personalised; the supply of goods which are likely to deteriorate or expire rapidly; the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; the supply of goods which, after delivery and by their nature, are inseparably mixed with other articles; the supply of alcoholic beverages the delivery of which is deferred for more than thirty days and the value of which, as agreed at the time of the conclusion of the contract, is dependent on fluctuations in the market which are beyond the trader’s control; supply of maintenance or repair work to be carried out urgently at the consumer’s premises and expressly requested by the consumer, within the limits of the spare parts and work strictly necessary to meet the emergency; supply of audio or video recordings or computer software where they have been unsealed by the consumer after delivery; supply of a newspaper, periodical or magazine, except for contracts for subscriptions to such publications; concluded at a public auction; provision of accommodation services, other than residential accommodation, transport services for goods, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time; provision of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his prior express consent and expressly waived his right of withdrawal.
The price of returns, at the customer’s expense, can be consulted on the website of La Poste(www.laposte.fr).
In case of exercise of the right of withdrawal, the company SAS Billes & Co will proceed to the reimbursement of the sums paid (including the delivery costs, excluding the costs of returns) at the latest within 14 days from the date on which the company SAS Billes & Co will be informed of your decision to withdraw and according to the same means of payment as the one used for the order (except your express agreement for a reimbursement according to another means of payment) This refund date may be delayed until the product is recovered or until you provide proof of shipment of the product, whichever comes first. The company SAS Billes & Co is not obliged to refund you the additional expenses if you expressly chose a mode of delivery more expensive than the standard mode proposed on https://billesandco.paris
ARTICLE 7. - CLAIMS
This contract is subject to French law. In case of dispute, the French courts will have exclusive jurisdiction. In case of complaint, you can contact the company SAS Billes & Co (Mrs Claire Speissmann), 27 rue de merlan – 93130 – Noisy-le-Sec – France(contact@billesandco.paris) by post or e-mail, mentioning the reference number and date of the Order. You can contact the after-sales service at the same addresses. Article L.612-1 of the Consumer Code states: “Any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional. The disputes falling within the scope of article L.612-1 of the Consumer Code are the disputes defined in article L.611-1 of the Consumer Code, i.e. disputes of a contractual nature, relating to the performance of a contract of sale or supply of services, between a consumer and a professional. The text covers both national and cross-border disputes. Thus, one month after your written complaint to our services, and within one year thereafter, in application of article R.616-1 of the French Consumer Code, you may, if you are not satisfied, contact the Medicys mediation service simply and free of charge by submitting your file electronically at www.medicys-consommation.fr, or by simple mail (attach your email, phone and written complaint) to : Medicys – 73 boulevard de Clichy – 75009 Paris.
ARTICLE 8. - GUARANTEE
The company SAS Billes and Co is subject to the conditions of legal guarantees provided for in articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and articles 1641 and 1648 of the Civil Code:
Article L.217-4 of the Consumer Code:
“The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”
Article L.217-5 of the Consumer Code:
“The property conforms to the contract:
(1) Whether it is fit for the purpose ordinarily expected of similar property and, if so :
– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L.211-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.”
Article 1641 of the Civil Code:
“The seller is bound by the warranty for latent defects in the thing sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have given only a lesser price, if he had known of them.”
Article 1648 of the Civil Code:
“Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. In the case provided for in article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller can be discharged of the apparent defects or lack of conformity”.
You can exercise these guarantees by sending your request to the Company SAS Billes and Co (27 rue de Merlan – 93130 – Noisy-Le-sec – France) When you act in legal guarantee of conformity, you will benefit from a two-year period as from the delivery of the good to act, will be able to choose between the repair or the replacement of the good subject to the conditions of cost envisaged by the article L.217-9 of the Consumer Code, you will not have to prove the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good. The guarantee of conformity will apply independently of the commercial guarantee granted. You can also decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
ARTICLE 9. - INTELLECTUAL PROPERTY RIGHTS
The trademark of SAS Billes & Co as well as all the figurative or nonfigurative trademarks and more generally any other trademark, illustration, image and logo appearing on the Goods, their accessories and packaging, whether registered or not, are and will remain the exclusive property of SAS Billes & Co. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of SAS Billes & Co, is strictly prohibited. The same applies to any combination or conjunction with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, drawings, models and patents which are the property of SAS Billes & Co.
ARTICLE 10. - DATA CONFIDENTIALITY
The personal information communicated is recorded in a file computerized by the company SAS Billes & Co. We will only process or use your data to the extent necessary to contact you, process your requests, create and manage your user profile, create and manage your access to our online services, or conduct statistical studies. We take all necessary measures to ensure the confidentiality and security of your personal data, so as to prevent their damage, deletion or access by unauthorized third parties. Access to your personal data is strictly limited to our staff and, where applicable, to our subcontractors, who are subject to an obligation of confidentiality, and may only use your data in accordance with our contractual terms and applicable law. This information and data is also kept for security purposes, to comply with legal and regulatory obligations and to enable us to improve and personalize the services we offer you and the information we send you. You have an individual right of access, rectification, portability, opposition, and deletion of these data or limitation of the treatment, under the conditions provided by the law n°78-17 of January 6, 1978 relating to data processing, the files and freedoms. The customer must address any written request to the following address SAS Billes and Co – 27 rue de Merlan – 93130 – Noisy-Le-sec – France(contact@billesandco.paris).
When creating your customer account on the site https://billesandco.paris, you will have the possibility to choose if you wish to receive offers from the company SAS Billes & Co. If you do not wish it any more, you can make us the request by specifying it to the address SAS Billes and Co (27 rue de Merlan – 93130 – Noisy-Le-sec – France)(contact@billesandco.paris).
Our site is also designed to be particularly attentive to the needs of our customers. We use cookies to indicate your visit to our site. The cookies are used by SAS Billes & Co only in order to improve the personalized service which is intended for you.
Existence of a list of opposition to telephone solicitation. If your telephone number is collected when you create an account or place an order, we inform you that your telephone details will only be used to process your orders or to contact you to offer you new services. Without prejudice to the above, in accordance with the legal provisions, you are informed that you can, if you wish, register on the ” Bloctel ” telephone opposition list(https://conso.bloctel.fr).
ARTICLE 11. - FORCE MAJEURE
The execution by the company SAS Billes & Co of its obligations in application of the general conditions of Sale will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the execution. SAS Billes & Co will notify you of the occurrence of such an act of God or force majeure within 8 days from the date of occurrence of the event. If the suspension of the performance of our obligations continues for a period of more than 30 days, you have the option of cancelling the current order and proceeding with the refund of the order.
ARTICLE 12. - NULLITY OF A CLAUSE
If any of the provisions of these General Terms and Conditions of Sale should be invalidated, such invalidity shall not entail the invalidity of its other provisions.
ARTICLE 13. - MODIFICATION OF TERMS AND CONDITIONS
Any amendment, termination or waiver of any of the provisions of these Terms shall be effective only upon written and signed agreement between the Parties.
ARTICLE 14. - INDEPENDENCE OF THE PARTIES
Neither party may make any commitment in the name of and/or on behalf of the other party. In addition, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.
ARTICLE 15. - NON-WAIVER
The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein, shall not be interpreted for the future as a waiver of the obligation in question.
ARTICLE 16. - NOTIFICATIONS
All notifications to be made within the framework of the present Contract will be considered as carried out if they are made by registered letter with request for acknowledgement of receipt to the following addresses: To the Seller : SAS Billes & Co – 27 rue de merlan – 93130 – Noisy-le-Sec – To the Customer : Email or postal address declared on the site.
ARTICLE 17. - APPLICABLE LAW
This Agreement shall be governed by French law.
ARTICLE 18. - ATTRIBUTION OF JURISDICTION
Any dispute arising from the formation, interpretation or performance of this Agreement shall be subject to the exclusive jurisdiction of the courts of Créteil, notwithstanding multiple defendants or third party claims.
APPENDIX 1: WITHDRAWAL FORM
To the attention of SAS Billes & Co – 27 rue de Merlan – 93130 Noisy-le-Sec – France(contact@billesandco.paris).
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on __________ / received on _____________ :
Consumer’s name:
Consumer(s) Address:
Signature:
Date:
