GTC

TERMS OF SALES

PREAMBLE

These general conditions of sale apply to all sales concluded on the BAY.BY website.

The website www.beallyoubyyas.com is a service of the micro-enterprise Otero Yasmina.

  • Located 27 rue du Denmark Bordeaux.
  • Site URL: www. beallyoubyyas.com
  • Email: baybypro@outlook.com

The BAY.BY website markets the following products: printing on demand on clothing and novelties. The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of the order therefore implies acceptance of the general conditions of sale.

PRINCIPLES

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

They are accessible on the BAY.BY website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.

CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, from the BAY.BY website.

These conditions apply to all purchases made on the site BAY.BY .

These purchases concern the following products: printing on demand on clothing and fantasies.

PRE-CONTRACTUAL INFORMATION

The buyer acknowledges having had communication, prior to placing his order and concluding the contract, in a readable and understandable manner, of these general conditions of sale and of all the information listed in article L. 221- 5 of the consumer code.

The following information is transmitted to the buyer in a clear and understandable manner:

  • The essential characteristics of the property;
  • The price of the good and/or the method of calculating the price;
  • If applicable, all additional costs of transport, delivery or postage and all other possible charges payable;
  • In the absence of immediate execution of the contract, the date or the deadline on which the seller undertakes to deliver the goods, whatever their price;
  • Information relating to the identity of the seller, to his electronic contact details, and to his activities, those relating to legal guarantees, to the functionalities of the digital content and, where applicable, to its interoperability, to the existence and methods of implementation of guarantees and other contractual conditions.

​ORDER

The buyer has the possibility to place his order online, from the online catalog and by means of the form which appears there, for any product, within the limit of available stocks. The buyer will be informed of any unavailability of the product or the goods ordered.

For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.

The sale will be considered final:

  • after the sending to the buyer of the confirmation of the acceptance of the order by the seller by e-mail;
  • and after receipt by the seller of the full price.

Any order implies acceptance of the prices and description of the products available for sale.

In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.

For all questions relating to the follow-up of an order, the buyer can send an email to the seller at: baybypro@outlook.com

ELECTRONIC SIGNATURE

The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement:

  • payment of sums due under the purchase order;
  • signature and express acceptance of all operations carried out.

In case of fraudulent use of the credit card, the buyer is invited, as soon as this use is observed, to contact the seller by email at the following address: baybypro@outlook.com

ORDER CONFIRMATION

The seller provides the buyer with an order confirmation, by email.

PROOF OF TRANSACTION

The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

PRODUCT INFORMATION

The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. The products are printed at the request of the customer, so there are no stocks.

The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.

PRICE

The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.

Prices are in euros. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.

If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.

PAYMENT

This is an order with payment obligation, which means that placing the order involves payment by the buyer.

To pay for his order, the buyer has, at his option, all the payment methods made available to him by the seller and listed on the seller's website.

The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form.

The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. .

Payment of the price is made in full on the day of the order, according to the following terms:

  • credit card (via the secure Shopify Payments platform)

SHIPPING AND DELIVERY TIMES - REFUND - RESOLUTION

Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be those indicated below.

Shipping times run from the date of registration of the order indicated on the order confirmation email.

For deliveries in Metropolitan France, the deadline is 2 and 7 days from the day following that on which the buyer placed his order, according to the following terms: courier followed. At the latest, the deadline will be 30 working days after the conclusion of the contract.

The average delivery time is, from the day of dispatch, from 2 to 7 days for delivery in France, from 4 to 10 days for delivery to the European Union and other countries bordering France, 4 to 18 days for delivery to a country outside the European Union. BAY.BY makes it clear that the times indicated are average, estimated and non-contractual times.

In the event of non-compliance with the agreed delivery time, the buyer must, before breaking the contract, before a period of 20 days, enjoin the seller to execute it within a reasonable additional period. In the absence of performance 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 acknowledgment of receipt or in writing on another durable medium. The contract will be considered resolved upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime. The buyer may, however, immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract. In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.

DELIVERY

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the methods and the deadline specified above.

The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy.

For delivery outside the European Union, the customer must pay customs duties or other taxes due when the products are imported into the country of the place of delivery. The related formalities are also the sole responsibility of the customer. The customer is solely responsible for checking the possibilities of importing the products ordered with regard to the rights of the territory of the country of delivery.

Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the parcel to be collected at the places and times indicated.

If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged). The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (missing product compared to the delivery note, damaged package, broken products, etc.). This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note. The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by mail with acknowledgment of receipt, to the seller at the address indicated in the legal notices of the site.

If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, product, instructions, etc.).
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications appearing on the product sheet by attaching a photo of the product(s) after opening. Any complaint made after this period will be rejected.

The complaint must be made by e-mail to the following address: baybypro@outlook.com

Print-on-demand products are neither refundable nor exchangeable except in the event of an order damaged during transport. In this case, a photo upon receipt will be requested.

No refunds or exchanges will be made in the event of poor care or negligence on the part of the customer.

RIGHT TO RETRACT

In accordance with the legislation in force in terms of distance selling, the customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties, with the exception, where applicable , return costs.

The period mentioned in the preceding paragraph runs from either the day on which the distance contract is concluded for contracts relating to the supply of a service and/or the supply of digital content not supplied on a medium material, or from the receipt of the goods by the customer or a third party, other than the carrier, designated by him, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order relating to several goods delivered separately or in the case of an order for a good made up of batches or multiple parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or lot or of the last piece. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day.

The decision to withdraw must be notified to the publisher at the contact details indicated in the preamble to these general conditions by means of an unambiguous declaration. In any event, the publisher will send the customer an acknowledgment of receipt of said withdrawal by e-mail as soon as possible.

Effects of the right of withdrawal

The customer returns or returns the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days of the communication of his decision to withdraw.

When the right of withdrawal is exercised, the professional is required to reimburse the client for all the sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until the products are recovered or until the customer has provided proof of the shipment of the products, whichever is earlier. Beyond that, the sum due is, by operation of law, productive of interest at the legal rate in force, as specified in article L. 242-4 of the Consumer Code.

Where applicable, the professional makes the reimbursement using the same means of payment as that used by the client for the initial transaction, unless the client has expressly agreed to the use of another means of payment and insofar as the reimbursement does not incur any costs for the customer. However, the professional is not required to reimburse the additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method offered.

The direct costs of returning the product are the responsibility of the customer. These costs are estimated at a maximum of 9 euros if, due to its nature, the product cannot normally be returned by post.

The customer's liability is only engaged with regard to the depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this product.

Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

  • the supply of services fully performed before the end of the withdrawal period and the performance of which has begun after the client's express prior agreement and express waiver of his right of withdrawal;
  • supply of goods made to customer specifications or clearly personalized;
  • supply of goods liable to deteriorate or expire rapidly;
  • supply of goods which have been unsealed by the customer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the customer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the customer after delivery;
  • supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
  • concluded at a public auction;
  • provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
  • supply of digital content not provided on a material medium, the execution of which has begun after the customer's express prior agreement and express waiver of his right of withdrawal.

Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the customer before the latter exercises his right of withdrawal.

FORCE MAJOR

All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.

Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.

The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.

MEDIATION

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, our company has set up a consumer mediation system. The chosen mediation entity is: CNPM - MEDIATION - CONSUMPTION. In the event of a dispute, you can file your complaint on its website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MEDIATION - CONSUMPTION - 27 Avenue de la Liberation 42400 SAINT-CHAMOND

INTELLECTUAL PROPERTY

The content of the website remains the property of the seller, the sole holder of the intellectual property rights to this content.

Buyers agree not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

IT AND FREEDOMS

The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.

APPLICABLE LAW

These general conditions are subject to the application of French law. The competent court is the court of law. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.