GTC
These general conditions of sale aim to specify the rights and obligations of the buyer with regard to the products sold in our electronic catalog, within the framework of a distance selling system. The contract established in the event of an effective order within the framework and according to the conditions referred to in these general conditions of sale, falls under the regulations of distance selling, as it results in particular from the Consumer Code, as well as from the specific provisions referred to below.
1. Delivery
1-a Procedure for receiving goods in the event of delivery:
Delivery means depositing the Product in front of your home or at the foot of your building. No handling operation (in particular delivery to the floor, etc.) will be carried out by the carrier. You will therefore be in charge of collecting the products at your place of business. The carrier will contact you directly to arrange a delivery date. It should be noted that this delivery will be from Monday to Friday between 8 a.m. and 6 p.m. and that no precise time can be communicated, the appointment being fixed for the day. Only the carrier is authorized to decide on the most favorable place of unloading. It is specified that the delivery will be made at the property limit. No unloading at height can be carried out (on a slab for example). In the event that the actual configuration of the place of delivery would physically prevent the unloading of the goods, the carrier reserves the right to cancel the delivery. In this case, the delivery costs will remain your responsibility. It will be up to you to contact Us by e-mail at assistance@balinaisa.com in order to set the new terms and costs for the delivery of your order. In case of absence at the time of delivery, a delivery notice will be left in your mailbox. You will then be invited to contact the carrier or Us directly, by email at assistance@balinaisa.com. The costs of this second delivery will be your responsibility. As soon as the customer takes possession of the goods, the risks of loss or damage are transferred to him. Therefore it is important to: - Do not sign the delivery note before having checked the contents of the packages and the condition of the goods. - Do not give in to pressure from delivery people, take the time to examine your goods. The customer may choose to entrust the delivery to a carrier other than those offered by our company, but in this case, the risks of loss or damage to the goods are transferred to the carrier chosen by the customer, as soon as the latter has taken possession of the goods. Our products are brand new, shipped properly packaged, we hope they arrive in the same condition.
In case of non-conformity or defect of the goods on delivery, if the goods delivered are not in conformity or are defective, it is imperative to issue reservations on the consignment note. Attention: In the absence of reserves or in the event of insufficient reserves, we reserve the right to refuse the return, exchange or refund of your products. As soon as you have signed the delivery slip, without specific reservations, the responsibilities of the carrier and of www.balinaisa.com will be released for any damages caused during the delivery operations. It is reminded that the mention "subject to unpacking" is devoid of any legal significance and does not release the customer from his duty to check the condition of the goods delivered. If the deliverer does not give you time to check the condition of the goods (quality and quantity), for whatever reason, it is imperative to specify this on the transport slip and have the driver countersign. In the absence of specific reservations on the delivery note, the goods will be considered as delivered in conformity.
1-b Delivery times
The delivery time differs depending on the partner carriers with whom we work. The assignment of a carrier will directly depend on the weight and/or volume of your order. The delivery period begins on the date of confirmation of your order and your payment. An appointment is made by our carrier before delivery. PLEASE NOTE: During public holidays in May and during the summer holidays, holidays taken as well as business closures (particularly suppliers and carriers) have a direct impact on our delivery times and are sometimes longer. We will honor your order within the limits of our available stocks. In the event that one of our ordered products is not available in our stocks, we reserve the right to send the missing items on a deferred basis or, failing that, to cancel the items of the order and then proceed to the refund. full of these. PLEASE NOTE: Delivery dates are non-contractual. In no case, a delay in delivery can give rise to a refund, a commercial gesture or a cancellation of the order.
2. Refund conditions
The buyer has a period of 14 working days from receipt during which he can request a refund for the items purchased. Only standard items are affected by this measure, items ordered to measure cannot be exchanged or refunded under any circumstances. Any item used or damaged by the purchaser will not be exchanged or refunded. The return must be made in the original packaging. The cost and the organization of the transport of the returned articles is with the whole load of the purchaser. The refund will be made within 30 days of receipt of the returned items. No return will be accepted without a support agreement and opening of a file number. Return requests must be made by email to: assistance@balinaisa.com
3. Responsibilities
We cannot be held liable when You do not comply, in whole or in part, with the General Conditions of Sale, or in the event of an unforeseeable event by a third party or in the event of force majeure. The images on the website are not contractual and cannot engage our responsibility. We can in this case exonerate ourselves from all or part of our liability by providing proof of the non-performance or poor performance of these General Conditions of Sale, either when it is attributable to you or, when it is the unforeseeable fact and insurmountable by a third party to the contract or subsequent to a case of force majeure recognized as such by case law.
4. Payments
Accepted payments are payments by bank transfer. For this method of payment, only payments in euros are accepted. Any order will only be valid after effective receipt of payment. For payments by bank transfer, this implies additional time for processing the order. If a payment has not arrived on Balinaisa's account within 7 days after the validation of the corresponding order, whatever the method of payment used, this order is automatically cancelled.
5. Acceptance of the offer
The acceptance of the offer by the buyer is materialized by the validation, within the framework of the electronic catalog, by a "validation click", of all the information which must be completed by the buyer: Surname, First name, Delivery address, email. The order placed by the buyer is the subject of a written confirmation by email from the seller. This confirmation contains: product designation, quantity ordered, price and delivery terms.
6. Retention of title
The delivered goods remain our property until full payment of their price. Failure to pay may result in a claim for the goods. The transfer of the risks of loss or deterioration is nevertheless made in your hands from the delivery of the products.
7. Personal data
Placing your order via the website implies that we collect your personal data.
8. Applicable law and competent court
The General Conditions of Sale are subject for all of their stipulation to French law. All disputes relating to the commercial relationship between You and Us are subject to the exclusive jurisdiction of the French courts. In the event of a dispute, an amicable solution will be sought beforehand. However, the establishment of negotiations does not have the effect of interrupting the legal limitation periods.