General Terms and Conditions of Sale
LA COMPAGNIE INTERNATIONALE DU TAPIS - Trade name: BABA RUG, a limited liability company with a share capital of 7500 euros, registered with the Paris Trade and Companies Register under number 511 309 957 (NAF CODE 4743Z, intra-community VAT FR13511309957), whose registered office is located at 4 rue de wattignies 75012 Paris,
Hereinafter referred to as "the Seller",
AND
The Client, acting as a consumer,
Hereinafter referred to as "the Client",
ARTICLE 1 - TERMINOLOGY
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION
ARTICLE 3 – PURPOSE & AMENDMENT OF THE GENERAL CONDITIONS
3.1. PURPOSE
These General Terms and Conditions of Sale establish the contractual conditions exclusively applicable to any purchase of Products on the Seller's Site by a Client acting as a consumer.
These contractual provisions are only applicable to Products ordered, delivered, and invoiced to Clients located in Metropolitan France.
3.2. CONTRACTUAL PROVISIONS
The nullity of a contractual clause does not entail the nullity of the General Terms and Conditions of Sale unless it is a compelling and decisive clause that led one of the parties to conclude the sales contract. The Client is deemed to have unreservedly accepted all the provisions of these General Terms and Conditions.
3.3. AMENDMENT OF THE GENERAL CONDITIONS
The Seller reserves the right to amend these General Terms and Conditions of Sale at any time. The applicable General Terms and Conditions of Sale are those in force on the date the order is placed. Any amendment to the General Terms and Conditions of Sale shall be presumed accepted by the Client, who, after being notified by simple written notice, has not expressed disagreement within a period of eight (8) days from the notification of said amendment.
ARTICLE 4 - ORDERS
4.1. DEFINITIVE NATURE OF THE ORDER
Any order placed on the Site by the Client constitutes a firm and definitive commitment, which can only be challenged in the cases exhaustively listed under the "Right of withdrawal" paragraph of these General Terms and Conditions of Sale.
4.2. ORDER VALIDITY
The Seller reserves the right to refuse any order for legitimate reasons, and more particularly if the quantities ordered are abnormally high compared to the quantities usually ordered by buyers acting as consumers.
4.3. ORDER MODIFICATION
As orders are firm and irrevocable, any request for modification made by the Client is subject to the Seller's acceptance. In the event of subsequent unavailability of the Product ordered by the Client, the Seller undertakes to offer the Client a product with similar characteristics to the one ordered, and at an equivalent price.
4.4. RETURNS
In the event of a return, it must be made within 60 days from the receipt of the order and is subject to the Seller's prior agreement. The Product must be returned in good general condition, meaning it must not have suffered any damage. The return is only effective once the general condition of the goods has been checked by the Seller and approved. When the return is accepted, the refund will be made using the same payment method as that used when placing the order. The credit card or account will be credited accordingly.
4.5. TERMINATION OR CANCELLATION OF THE ORDER
The order may be cancelled by the Client by registered letter with acknowledgment of receipt or by a writing on another durable medium in the event of:
• delivery of a Product that does not conform to the declared characteristics of the Product
• delivery exceeding the deadline indicated by the Seller or, in the absence of such a date, from the thirty-second (32nd) day following the order date, after the Seller has been formally requested, under the same terms and without success, to make the delivery within a reasonable additional period
The order may be cancelled by the Seller in the event of the Client's refusal to take delivery of the Product.
ARTICLE 5 - PRODUCTS & PRICES
Before placing an order, the Client may familiarize themselves with the essential characteristics of the Products they wish to order by consulting the information communicated by the Seller on the website "www.babarug.com" before any order.
5.2. STOCK AVAILABILITY
Products are offered and delivered within the limits of available stock. In case of unavailability of the ordered Product, the Seller will immediately inform the Client and may offer a Product of equivalent quality and price or, failing that, a voucher for the amount of the order usable for any future order. In case of disagreement from the Client, the Seller will proceed with the refund of the sums paid within thirty (30) days. Apart from the refund of the price of the unavailable Product, the Seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to them.
ARTICLE 6 - PRICE AND PAYMENT CONDITIONS
The selling price of the Products is that in force on the day the order is placed on the Site. It is inclusive of all taxes and includes delivery costs. In the event of a promotional price, the Seller undertakes to apply this price to any order placed during the advertising period for the promotion. The Client has the option to enter a promotional code when placing the order.
6.2. PAYMENT METHODS
Payment for the order is made by credit card or bank transfer. When payment is made by bank transfer, the order will only be validated upon effective receipt of the bank transfer.
ARTICLE 7 - DELIVERY
Delivery means the transfer to the Client of physical possession or control of the goods. The Products will be delivered free of charge by the Seller, with no minimum purchase, to the delivery address indicated by the Client during the order placement. It is specified that for technical and logistical reasons, the Client can only have deliveries made in metropolitan France. For any delivery outside metropolitan France, the Client must first verify that the Seller agrees to deliver via a carrier. Delivery charges will be specified and communicated by the Seller to the Client.
7.2. DELIVERY PERIOD
Products are delivered on the date or within the period indicated at the time of order placement. Failing any indication as to the delivery date, the Seller undertakes in any event to deliver the Products within a period of thirty-one (31) days from the order placement.
ARTICLE 8 - LEGAL GUARANTEE OF CONFORMITY AND HIDDEN DEFECTS
ARTICLE 9 - RIGHT OF WITHDRAWAL
The Client benefits from a withdrawal period of sixty (60) days from the day they physically take possession of the goods. Returns are free within 60 days from the date of the order. To exercise the right of withdrawal, the Client must notify the Seller, before the expiration of the aforementioned period, of their name, address, and, if available, their telephone number and email address; as well as their decision to withdraw from the contract by means of an unambiguous statement. The Client may also use the model withdrawal form provided at the bottom of these General Conditions.
ARTICLE 10 - PROCESSING OF PERSONAL DATA
In accordance with Law 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client are necessary for processing their order. This data may be communicated to the Seller's potential partners responsible for the execution, processing, management, and payment of orders.
The processing of information communicated via the "babarug.com" Site complies with legal requirements regarding personal data protection, the information system used ensuring optimal protection of this data.
The Client has, under the conditions defined by the French Data Protection Act and the European General Data Protection Regulation, a right to access, rectify, inquire about, limit, port, and erase data concerning them.
Mr. Maxime RAHIMZAD (m.rahimzad@ci-tapis.fr) is the data controller for the Client's personal data.
ARTICLE 11 - INTELLECTUAL PROPERTY
All texts, images, sounds and illustrations contained on the "www.babarug.com" Site are the exclusive property of the Seller. It is therefore prohibited for the Client to copy, reproduce, disseminate, download, post, transmit, sell, distribute, publish, exploit in any other way and disseminate in electronic or other formats the information present on the Site. 6 Consequently, any other use constitutes counterfeiting. Any total or partial reproduction of the site is strictly prohibited.
ARTICLE 12 - FORCE MAJEURE
A case of force majeure has the effect of suspending, in whole or in part, the performance of services under the Contract. In this case, each party has the right to transfer the performance of said services to a third party approved by the other party and undertakes to provide the other party or said third party with all necessary elements to enable them to ensure this transfer.
ARTICLE 13 - APPLICABLE LAW, COMPETENT COURTS AND MEDIATION
All disputes that may arise from sales operations concluded under these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences, and follow-up, and which could not be resolved amicably between the Seller and the Client, will be submitted to the materially and territorially competent courts.
The Client is informed that they may in any case resort to conventional mediation, particularly with the Consumer Mediation Commission (C. consom. art. L 612-1) or any alternative dispute resolution method (conciliation, for example) in case of dispute.
The Client, noting that a violation of the general data protection regulation may have been committed, has the possibility to mandate an association or organization mentioned in IV of article 43 ter of the 1978 French Data Protection Act, in order to obtain redress against the data controller or processor before a civil or administrative court or before the National Commission for Data Processing and Liberties.
ARTICLE 14 - ACCEPTANCE
These General Terms and Conditions of Sale are expressly approved and accepted without reservation by the Client, who declares and acknowledges having perfect knowledge of them, and consequently waives the right to rely on any contradictory document.
