In order to meet the expectations of all its customers, Babachic® has set up, in parallel with the network of shops it operates, a system for selling its products remotely. The items available (jewelry, pearls, accessories...) can be seen online on www.babachicshop.com, Babachic's e-commerce website, Babachic being a brand of Moodywood SL
www.babachicshop.com ('the website') is an online shop. These terms and conditions of sale have the value of a contract between Babachic and its customers. This contract refers to French law and, in particular, to the regulation of distance selling.
Orders placed on www.babachicshop.com are reserved for individuals (hereafter referred to as "the customer"), as given by law and jurisprudence, acting exclusively on their own behalf, regardless of where they live. The purchase of items by a professional for resale is prohibited. For any special order, customers are encouraged to contact customer service by e-mail by emailing firstname.lastname@example.org or by phone at 34 689 411 338.
In accordance with Articles L 111-1 and L 113-3 of the Consumer Code, essential features and prices of Babachic products sold are available on the website. In addition, the customer is deemed to have been aware, prior to the conclusion of the sale, of the information mentioned in Articles L 121-18 and L 121-19 of the Consumer Code and the present terms and conditions.
Photos of items for sale on the website have no contractual value and are likely to vary slightly from the items themselves. In addition, Babachic reserves the right to change the terms and conditions of sale at any time by publishing a new version of these on the website.
The purpose of these terms and conditions of sale is to define the rights and obligations of the parties in connection with the online sale of Babachic products. They are applicable to all sales of items concluded via the www.babachicshop.com website for delivery in France and abroad.
Any order for an article on the www.babachicshop.com website implies prior acceptance of these terms and conditions. Accordingly, the customer acknowledges that he is fully informed that his agreement regarding the content of these documents does not require the handwritten signature of this document, as long as the customer wishes to order online the products presented in the online store.
The client has the power to safeguard or edit these, as the safeguarding and editing of this document is his sole responsibility, as the general terms of sale may be subject to change. In this case, the applicable conditions will be those in effect on the website on the date of the order.
The acceptance and confirmation of the order is achieved by entering an electronic order order that must be fully completed. This purchase order results in firm commitment from the customer. Orders are confirmed by email with the identity of the customer, as well as all information about Babachic. The confirmation email includes the essential features of the product, the TTC selling price (all taxes included), and the amount of shipping costs.
For further information, the customer can contact customer service by email by writing to email@example.com or by phone on 34 689 411 338
To make an order, the customer must proceed as follows: 1/ It is recommended to open an account on www.babachicshop.com 2/ Fill out the order forms: mandatory mentions and desired items 3/ confirm that they have read the terms and conditions of sale and accept them 4/ Validate the order and the total price all included by clicking on the "Validate" button
When establishing the account opening form, the disclosure of personal data, the credit card number, the confidential data related to it and the validation of an order, the customer is obliged to comply with these contractual conditions under Article 1316-1 of the Civil Code.
The customer assures Babachic that he has the necessary permissions to use the chosen payment method when validating the purchase order. Babachic reserves the right to suspend all order management and delivery in the event of a refusal of authorisation to pay by credit card by officially accredited bodies or in the event of a non-payment.
Once the order Registered: 1/ The customer's bank account is debited from the TTC price of the items shipped and the delivery fee. 2/ The customer receives Email an acknowledgement worth confirming the order. 3/ The customer receives Email confirmation of the order's shipment when it took place 4/ The customer receives his parcel at the delivery address indicated at the time of the order
In accordance with the provisions of Article L.122-1 of the Consumer Code, Babachic will be entitled to refuse any abnormal order, placed in bad faith or for any other legitimate reason. In particular, Babachic reserves the right to refuse to make a delivery or to honour an order from a customer who has not fully or partially paid for a previous order or with whom a payment dispute is being processed.
Babachic products comply with EU law. However, Babachic cannot be held liable for violating the laws of a foreign country where the products would be delivered. It is up to the customer to check with the local authorities for the possibilities of importing or using the products or services he wishes to order.
For additional information related to an order, customers are encouraged to contact customer service by email by emailing firstname.lastname@example.org or by phone at 34 689 411 338 (call not overcharged).
3/ Prices and shipping costs
Prices for products displayed in the galleries of the www.babachicshop.com website are in euros (including all taxes). At the time of the validation of the order, the price to be paid by the customer is the sum of the sum of the price of all the items that make up the order, plus the delivery fee. The telecommunications costs associated with accessing the website remain the responsibility of the customer.
For all sales shipped to the European Union, prices take into account the VAT applicable in the country of shipment (Spain) on the day of the order, i.e. 21% of the tariff excluding taxes and shipping costs. Any change in the legal VAT rate will be automatically passed on to the price of products presented on the website on the effective date of the new rate.
For all other countries, including TOM, it is the duty-free price that is applied when the order is settled. Taxes are automatically deducted from the TTC price in euros (shown on the website) when the customer indicates their delivery address. Customers living outside the European Union are required to inform themselves, before validating their order, of customs and possibly sea -granting (TOM) charges that they will have to pay when receiving the goods. Import taxes will be paid by the final recipient upon arrival of the package.
Shipping costs are calculated automatically based on the destination. They are added to the order amount when the basket is validated. It appears before the validation of the order when the customer indicates their delivery address. For additional information related to postage, customers can contact customer service by email by emailing email@example.com or by phone on 34 689 411 338
The full payment must be made at the time of the order. At no time can the payments be considered a deposit or a down payment.
The payment of the customer's purchases is made by bank transfer, bank card or via PayPal®. Blue Card®, Visa®, Eurocard MasterCard® cards are accepted. Since the order is only validated if the products are available, the transaction will be immediately debited to the customer's credit card after checking the customer's data, upon receipt of the debit authorization from the company issuing the credit card used by the customer.
In accordance with the provisions of Article L 132-2 of the Monetary and Financial Code, the commitment to pay Given payment card is irrevocable. By disclosing their credit card number and the information mentioned below, the customer authorizes Babachic and his payment partner to charge his bank card the total TTC amount of his order (including delivery fees).
To this end, the customer confirms that he is the holder of the debit card and that the name on that bank card is his and then communicates in a secure environment on the website of Babachic's payment partner, the number and expiry date, shown on the front of his bank card, as well as, if necessary, , the numbers on the visual cryptogram on the back of his credit card.
In the event that, for whatever reason, the debit of money earned by the customer is not possible, the sale made would be immediately resolved as of right and the electronic purchase process cancelled. Babachic's payment partner is the only one, through its secure space, to have knowledge of the customer's banking information. This information does not pass through the www.babachicshop.com website in any way.
Babachic and its payment partner have an order verification procedure in place to ensure that no one uses another person's bank details without their knowledge. However, the customer remains advised that Babachic will not be held responsible for any malfeasing or fraudulent use of any means of payment that has not been detected by the verification procedure.
At the time of the order entry, the customer indicates that he accepts the delivery method proposed by Babachic and indicates the location of the delivery. All orders are shipped by Spanish post and GLS for European deliveries and shipping costs are calculated according to the delivery service chosen and the place of delivery.
When a parcel leaves Babachic's premises to be sent to the address indicated by the customer at the time of ordering, the customer receives electronically a confirmation of shipment on which is indicated, if necessary, the tracking number of his parcel.
Deliveries are made at the address listed on the purchase order. The customer must verify the accuracy of the information provided to Babachic, which cannot be held responsible for any typing errors and the consequences of delays or delivery errors that would result. In this case, the rerouting costs are the responsibility of the customer.
Preparation and shipping times are one to two days, plus postal delivery times (excluding weekends and holidays). Babachic cannot be held responsible for the malfunctions of the postal services or the hazards caused by the customs services of the countries of shipment and destination.
Babachic reserves the right to choose the most relevant routing service unless otherwise stated by the customer. In the latter case, the risks are at the customer's expense from the time the products have left Babachic's premises. If the parcel is not received but is declared as "delivered" by the relevant postal services, the customer will initiate the appeals alone. In no way can Babachic be held responsible.
It is up to the customer to check the shipments on arrival and to make any reservations and claims that would appear justified, or even to refuse the package, if it is likely to have been opened or if it bears clear signs of deterioration. These reservations and complaints must be addressed to the carrier by recommended letter with acknowledgement within 48 working hours (excluding weekends and holidays) following the delivery of the products; A copy should be sent immediately to Babachic. The failure to claim in those deadlines will extinguish any action against the carrier in accordance with the provisions of Article L 133-3 of the Code of Commerce.
The customer must ensure that the items delivered to him are in line with his order. In the event that the delivered items do not comply in kind or in quality with the specifications specified in the delivery voucher, the customer will have to inform customer service by e-mail by emailing firstname.lastname@example.org or by telephone at 34 689 411 338
/ Property Reserve Clause Express
Agreement, and in accordance with the provisions of the law of May 12, 1980, the products ordered remain the property of Babachic until the full payment of their price. In the event of the customer's breach of its obligations, regardless of the cause, Babachic will be entitled to demand the immediate return of the products at the customer's expense, risk and peril.
9/ Babachic's withdrawal
intends that those of its customers who are not satisfied with the items ordered can exercise the right of withdrawal provided by Article L 121-1 of the Consumer Code in the best conditions. As a result, they benefit from a seven-day withdrawal period (the stamp of the post office in faith) from the delivery of their order to return the product for exchange or refund without penalty, except for the return fee (Article L121-20 of the consumer code). After this 7-day period, no return will be accepted.
The retraction period runs from the day the goods are received until the shipping date indicated on the return package. The cost of shipping is the responsibility of the customer. The set will be shipped to Babachic, to the attention of Moodywood sl C/pago de Zahora 144a, Barbate 11159, Spain.
Packages or packaged products must be returned intact and in their original packaging. Only the products returned as a whole, in their original packaging, complete and intact will be taken back. Any damaged product, or whose original packaging has been damaged, will not be refunded or exchanged.
In the event of the exercise of the right of withdrawal, Babachic agrees to repay the full amount paid, either in voucher, by transfer or cheque or CB, within a maximum of thirty days. It will be up to the customer to ensure proof of this return, which assumes that the items will have to be returned by recommended shipment, or by any other means giving certain date, the costs and risks of return remaining at the customer's expense.
10/ Guarantee and liability
Products sold on the www.babachicshop.com website are subject to the conditions of legal guarantees provided by articles L 211-4, L 211-5 and L 211-12 of the Consumer Code as well as articles 1641 and 1648 of the Civil
Code: Article 1641 of the Civil Code: The seller is bound by the guarantee because of the hidden defects of the thing sold that render it unsuitable for the use to which it is intended, or which so diminish this use that the customer would not have acquired it, or would have given only a lower price, had he known them.
Article 1648 of the Civil Code: The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect. In the case of Article 1642-1, the action must be brought, barely foreclosure, within one year of the date on which the seller may be discharged from the apparent defects.
Article L211-4 of the Consumer Code: The seller is required to deliver a property in accordance with the contract and responds to any non-compliance that exists at the time of issuance. It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code: In order to comply with the contract, the property must be specific to the usually expected use of a similar property and, if necessary, have the characteristics agreed upon by the parties or be specific to any special use sought by the customer, brought to the seller's attention and which the seller has accepted.
Article L211-12 of the Consumer Code: Action resulting from non-compliance is prescribed by two years from the issuance of the property.
11/ Babachic Data Privacy
manages a strictly confidential electronic file that lists certain personal data relating to its customers. When ordered on the website www.babachicshop.com by any new customer, this database is enriched with information about it, which will then better meet its expectations and facilitate the support provided by Babachic's customer service.
This database was de-reported in accordance with the requirements of the Computer Science, Files and Freedoms Act of 6 January 1978, amended by the Act of 6 August 2004.
In the event that the client agrees to disclose individual personal data, he would then have the individual right of access, withdrawal and rectification provided by law and could in this regard have the information about him deleted that would no longer be relevant, by requesting in writing to Babachic, by e-mail to: email@example.com
12/ Intellectual property
Babachic and Moodywood brands, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images and logotypes listed on the www.babachicshop.com website, items, accessories or packaging, whether they are registered or not, are and will remain the exclusive property of Babachic.
Any full or partial reproduction, representation, modification or use of articles, logos, images, drawings, models, scripts, HTML code, Meta tags made from the elements of the www.babachicshop.com website, for any reason and on any medium, without express and prior agreement of Babachic, is strictly prohibited and would constitute a sanctioned infringement of the Intellectual Property Code. The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to any copyright, design and patent that are the property of Babachic, namely Moodywood sl .