Terms of Sale

1 – Definitions

In these General Conditions of Sale, the following terms shall have the following meanings:

 

“Site” or “Service”: The Baghera online store and all its pages operated by the Seller, accessible at the following address: www.bagherashop.com

 

The legal notices of the Site are available at the following link: Legal Notices

 

The Site is hosted by OVH, SAS, a company under French law, domiciled at 2 rue Kellermann 59100 Roubaix, registered with the RCS of Lille Métropole under number B424 761 419 and with VAT number: FR 22 424 761 419.

 

“Seller”: Baghera, SARL with a share capital of €240,794, registered under number 351 917 349 with the RCS of Versailles, with its registered office at 6 bis rue de la Paroisse, BP 210, 78000 Versailles, France. Intra-community VAT number: FR82351917349.

 

“Client”: Any natural person of legal age and full capacity acting as a consumer, i.e. for purposes not falling within the scope of their commercial, artisanal, liberal, or agricultural activity, who places an order on the Site.

 

“Product(s)”: Any item selected by the Seller and offered on the Site.

 

“Delivery Zone”: Mainland France (excluding Corsica), Belgium, Luxembourg, the Netherlands, Germany, Austria, Denmark, Italy (excluding islands), Spain (excluding islands), Portugal, Hungary, Ireland, Slovakia, Slovenia, Romania, Poland, Czech Republic, Sweden, Estonia, Latvia, Lithuania, Finland.

 

“Customer Service”: The Seller’s department where you may obtain additional information about the Products, sales conditions, your orders, delivery updates, or submit a complaint.

 

To contact this department, we recommend using the contact forms available on the Site at any time from the “Contact Us” section at the bottom of each page. Each form has been designed to meet specific needs you may have. They specify the information to be provided and, if applicable, the documents to be attached to enable us to provide an effective response.

 

However, first consider consulting the Frequently Asked Questions (FAQ), available in the “Help and FAQ” section, where we have listed the most common questions you may have.

 

Customer service for this Site can also be reached by email at info@baghera.fr or by post at 6 bis rue de la Paroisse, BP 210, 78000 Versailles, France, in which case the editor undertakes to respond within 7 days.

 

2 – Purpose

These General Conditions of Sale are intended to define the terms and conditions for the remote sale of Products between the Seller and the Client via the Site. Together with the online order, they constitute the contractual documents binding on the parties.

 

The applicable conditions are those in force on the Site on the date of the order. Please note that we reserve the right to modify them at any time, without prior notice. The new conditions will then be immediately published on the Site. However, these modifications will not apply to orders that have already been confirmed; only orders placed after the publication of the new conditions will be subject to them.

 

We therefore invite you to review the General Conditions of Sale each time you place an order.

 

Any order implies that you have previously read the General Conditions of Sale in force and that you have accepted them without reservation.

 

You have the option to print or download the General Conditions of Sale currently in force on our Site. If any clause is declared null or unenforceable due to a legislative or regulatory change, or by a court decision, this will not in any way affect the validity of the other clauses of these General Conditions of Sale.

 

3 – Products, Prices, Order

3.1 Products

The products and services offered are those listed in the catalog published on the website. These products and services are offered while stocks last. Each product is accompanied by a description including photos and specifying the price, key characteristics such as usage, age, material, dimensions, or assembly instructions with user manuals, etc. The photographs of the products in the catalog reflect the products and services offered as accurately as possible. Some images may be digital renderings used for illustration purposes while waiting for the actual product photographs. Due to the digital presentation of products on the Internet, the perception of photographs may differ slightly from the actual product, particularly depending on your screen resolution.

 

3.2 Prices

The prices of each Product are indicated in euros, inclusive of all taxes (VAT), but excluding delivery charges. Delivery charges are billed in addition. For more details, please refer to Article 4.4 “Delivery Charges.”

 

The applicable prices are those in effect on the date of the order.

 

We reserve the right to modify the prices displayed on our Site at any time. However, we commit to applying the prices in effect at the time your order is confirmed. Any price modification will only apply to orders placed after the price update on the Site.

 

The applicable price is always displayed before the final confirmation of the order.

 

3.3 Order Process and Payment

3.3.1 Account Creation or Login to Your Customer Account

Orders placed on the Site can only be registered if a customer account has been created beforehand. This account can be created at any time via the “Sign In” section, accessible throughout the navigation on the Site.

 

During registration, you will be required to provide your title, first and last name, email address, and a password.

 

You will also be asked to provide your full contact details. We invite you to carefully check the accuracy of this information and update it in case of any changes.

 

The privacy policy, available in the “Legal Notices” section of the Site or in Article 6 “Protection of Personal Data” of these conditions, specifies how your data is processed in the management of the customer account.

 

3.3.2 Adding Products and Cart Validation

You can add the Products you have selected to your Cart, whether you have created an account or not:

 

- When browsing a category or subcategory page of Products;
- When viewing a product page;
- From the homepage

A pop-up window stating “Item added to cart” will confirm that the Product has been successfully added to your Cart.

 

Access to the Cart is possible at any time by clicking on the “My Cart” icon located at the top right of each page of the Site. You can then view it, modify it, or validate it.

 

The Cart provides you with a summary of the selected Products: photo, name, reference, price, any discount, and quantity. You can directly correct any errors (modify the quantity or remove one or more items).

 

The Cart also displays the total amount of the Products to be paid. The delivery charges will be calculated at the next step.

 

If you have a promotional code, you can also enter it at this stage. 


To place an order, you must click on the “Proceed to Checkout” button. You will then be prompted to enter or confirm your delivery and billing address, enter any promotional code, and review the applicable delivery charges.

 

Finally, by clicking on the “Review Order” button, you will be prompted to make the payment using the selected payment method.

 

3.3.3 Payment Information

The Customer may place an order on this Site and make payment by credit card or via PayPal. Credit card payments are processed through a secure online payment platform provided by a specialized service provider.

 

The Site has no access whatsoever to the Customer’s banking data. The payment is processed directly by the bank or the authorized payment provider.

 

The Customer may print their invoice upon receipt of the order confirmation, either from the confirmation email sent to them or later via their customer account, in the “Order History” section where the order details are archived.

 

3.3.4 Conclusion of the Contract

Once the payment has been made, you will receive an email confirming the registration of your order. We recommend that you keep this confirmation email.

 

The sales contract is deemed concluded between the Parties upon receipt of payment by our services.

 

Unless proven otherwise, our electronic records serve as proof of the transactions carried out. These data are archived on a durable medium and are accessible as specified below.

 

You will have the option to print your invoice as soon as your order is confirmed, either from the confirmation email sent to you or at any time via your customer account in the “Order History” section. The invoice includes the amount of the banking transaction, the detailed list of the ordered Products, as well as the billing and delivery addresses.

 

In accordance with Article L.213-1 of the French Consumer Code, for any order amounting to €120 or more, we ensure the retention of the contract for a period of ten (10) years from delivery. You may access it at any time by sending a simple request to our customer service at the following address: info@baghera.fr.

 

3.4 Cancellation

We reserve the right to cancel the sale of any Product for legitimate reasons, in particular in the following cases:

 

- Abnormal, incomplete, or incorrect request;
- Provision of clearly incorrect data by the Customer;
- Refusal of payment authorization by the Customer’s financial institution or bank opposition;
- Error regarding stock availability, especially in the event of a technical malfunction;
- Order placed by a person whose status as a consumer can reasonably be questioned (e.g., an order of an abnormally large quantity);
- Previous dispute with the Customer;
- Or in the event of force majeure, as defined in Article 10 “Force Majeure.”

If your order is affected by one of the above-mentioned cancellation cases, you will be informed as soon as possible, and a full refund will be issued.

 

3.5 Right of Withdrawal

3.5.1 What is the Right of Withdrawal

You have a right of withdrawal, which you may exercise without having to provide any reason, within fourteen (14) calendar days from the receipt of your order:

 

- In the case of a single delivery: The period ends fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the goods.
- In the case of multiple deliveries within the same order: The period ends fourteen (14) days after the day on which you, or a third party other than the carrier and designated by you, physically take possession of the last good.

If the deadline falls on a Saturday, Sunday, or public holiday, it is extended until midnight of the next working day.

 

After this period, the Products are deemed accepted.

 

Return costs are at your expense. The return procedures are specified in Article 3.5.3 “Return.”

 

In the event of a validly exercised withdrawal and compliant return, we will refund all payments received, including delivery charges, under the conditions set out in Article 3.5.4 “Refund.”

 

3.5.2 How to Exercise Your Right of Withdrawal

To exercise your right of withdrawal, you must inform us clearly and unequivocally of your decision to withdraw.

 

To do this, please send us an email to info@baghera.fr, specifying your order reference and your intention to withdraw. You may also contact us directly via the “Contact Us” section, available on every page of our Site. Alternatively, you may use the withdrawal form template provided in Annex 1 of these conditions and send it to the address indicated in Article 1 “Definitions” of the General Conditions of Sale.

 

To comply with the withdrawal period, it is sufficient for you to send your request before the expiration of the period specified in Article 3.5.1 “What is the Right of Withdrawal.”

 

3.5.3 Return

After communicating your decision to withdraw in accordance with the procedures specified in Article 3.5.2 “How to Exercise Your Right of Withdrawal,” you must return the Product without undue delay and, in any case, no later than fourteen (14) days from the date of this notification. This deadline is deemed to have been met if you send the Product before it expires.

 

Return costs are at your expense, and the return must be carried out by your own means.

 

To return the Product, you have two options:

 

- You can return the Product to the return address of our warehouse (which we will provide upon request).
- You can also contact us by email at info@baghera.fr to obtain all the necessary return information.

The return is made under your responsibility. The returned Product must be in perfect condition and suitable for resale. It must not have been used beyond what is necessary to verify its nature and characteristics.

 

Products requiring assembly (such as our ride-ons, balance bikes, pedal cars, etc.) must not have been assembled. In particular, the wheels must not have been mounted, as the wheel caps cannot be removed once fixed.

 

Many Products are composed of small parts, protective films, or adhesive seals ensuring their integrity and completeness. To allow resale without depreciation, the Product must be returned complete, preferably in its original packaging, and in a suitable shipping box with sufficient padding (crumpled paper, bubble wrap, etc.) to prevent any damage during transport.

 

It is your responsibility to keep proof of shipment for the return.

 

3.5.4 Refund

The return will only be accepted for Products that have not been depreciated and are suitable for resale, as specified in Article 3.5.3 “Return” above.

 

In the case of a compliant return, we will refund the total amount of the returned Product(s), including the initial delivery costs of the order.

 

However, if you exercise your right of withdrawal for only part of the Products in the order, the delivery costs will not be refunded, as they are charged on a flat-rate basis.

 

4 – Delivery

4.1 Delivery Area

Any Product purchased on the Site can only be delivered within the Delivery Area specified in Article 1 “Definitions.”

 

4.2 Delivery Methods

For all serviced destinations, deliveries are carried out by GLS, DPD, or DHL. The choice of carrier is made by us, depending on the delivery country and the availability of the products in stock.

 

4.3 Delivery Times

Products are delivered to the postal address provided by the Customer during the ordering process.

 

The delivery times displayed on the Site correspond to the estimated transit times provided by the carriers. They do not include the order preparation time. The delivery period starts from the shipment of the package, of which you will be informed by email. A tracking number will also be provided to you at that time.

 

Please note that these timeframes are indicative only, based on the carriers’ usual commitments and under normal shipping conditions. Periods of high activity (such as Christmas), bad weather, strikes, or any other event that disrupts logistics are not considered normal conditions.

 

We therefore strongly recommend that you plan your purchases in advance for busy periods, such as the holiday season.

 

4.4 Delivery Charges

Delivery charges vary depending on the destination country, the order amount, and the selected carrier. In some countries, delivery is free for purchases of €49 or more. For other destinations, delivery charges may apply regardless of the order amount.

 

The exact charges are calculated and displayed during the ordering process, before payment confirmation.

 

We do not offer delivery to overseas departments and territories (DOM-TOM).

 

For deliveries outside the European Union, particularly to Switzerland, customs duties and/or import taxes may be required upon arrival of the package in the destination country. These costs are the sole responsibility of the Customer and are not included in the total order amount.

 

We reserve the right to modify the delivery conditions at any time. However, the applicable charges are those displayed at the time of your order confirmation.

 

4.5 Delivery Delay

In the event of a delivery delay, we invite you to contact us by email at info@baghera.fr. We will then check with the carrier to determine the status of your order. If we are unable to ensure delivery within a reasonable time, we will offer you either a refund of your order or the option to wait if there is a valid reason for the delay.

 

If your order is already in transit with the carrier but you no longer wish to receive it, it may no longer be possible to cancel it. In this case, we advise you to refuse the delivery upon presentation. As soon as this refusal is confirmed by the carrier, we will process the refund without waiting for the physical return of the product.

 

If the order can still be stopped before it is handed over to the carrier, we will process the refund immediately.

 

4.6 Precautions – Issue upon Receipt

We would like to inform and warn you about the following points:

 

4.6.1 Verify Your Identity and Address Details

We recommend that you pay particular attention to the information entered when placing your order, especially your identity details, phone number, and delivery address. Make sure all this information is accurate, complete, and up to date.

 

If there is an error in the delivery address or in your identity details, the package may be returned to our warehouse by the carrier. In this case, you will be refunded the full amount of your order at the invoiced price, excluding shipping fees. Shipping costs will remain at your expense, even if the delivery was initially free.

 

4.6.2 Make Sure to Collect Your Parcel on Time

Deliveries are, in principle, made to the address provided by the Customer. However, depending on the carrier’s procedures, if home delivery fails (e.g. due to absence), the parcel may be dropped off at a nearby collection point. In this case, the Customer can contact the carrier directly or our customer service to obtain the exact address of the selected collection point.

 

The average holding period for a parcel at a collection point is 7 calendar days. After this period, the parcel is returned to the sender.

 

It is therefore the Customer’s responsibility to track their order and ensure the parcel is collected within the allotted time.

 

As stated in section 4.6.1 “Verify Your Identity and Address Details,” if you do not collect your parcel within the given timeframe, you will be refunded the full amount of your order at the invoiced price, excluding shipping costs. Shipping costs will remain at your expense, even if delivery was initially free.

 

4.6.3 Check the Condition of Your Parcel Upon Receipt

We encourage you to check the apparent condition of the parcel as well as the delivered product(s) immediately upon receipt. We strongly recommend that you never accept a damaged parcel.

 

If you refuse a parcel in good condition and/or without valid reason, you will be refunded the full amount of your order at the invoiced price, excluding shipping costs. Shipping costs will remain at your expense, even if delivery was initially free.

 

If you notice any issue upon receipt of the product(s), please refer to section 7 “Receipt – Product Compliance – Return,” which details the different possible cases and the steps to follow.

 

5 – Retention of Title – Transfer of Risk

The risk for the product(s) is transferred to the customer upon delivery.

 

Ownership of the product(s) is transferred to the customer only upon full receipt of payment.

 

6 – Protection of Personal Data

We attach great importance to the protection of personal data we process and make every effort to comply with the principles established by applicable national and European regulations, in particular the General Data Protection Regulation (GDPR).

 

We invite you to consult our Personal Data Protection Policy, available in the “Legal Notice” section of our website.

 

As part of managing your orders and our communications, we may collect your phone number, either when you contact us directly or via the contact form available on the site. This information helps facilitate communication, particularly in the event of a claim or to inform you about the status of your order.

 

Your phone number may also be transmitted to our carrier solely to facilitate the delivery of your order (appointment scheduling, delivery notifications, etc.). We will never use it for marketing purposes or share it with any other third party.

 

In accordance with applicable law, you have the right to register free of charge on the telephone solicitation opt-out list:

 

- For consumers residing in France: Bloctel list (http://www.bloctel.gouv.fr/)
- For consumers residing in Belgium: “Do Not Call Me” list (https://www.dncm.be/en/)

 

7 – Receipt – Product Compliance – Return

To help you understand the steps to take in the event of an issue upon receipt, we have listed below the different possible scenarios and the corresponding procedure to follow.

 

Your parcel is damaged

 

Please remember that it is essential to check the apparent condition of the parcel and the delivered product(s) upon receipt. We strongly recommend that you never accept a visibly damaged parcel.

 

To enable us to file a claim with the carrier, any reservation (damaged or opened parcel, missing or damaged product, etc.) must be reported to our Customer Service within 3 working days following receipt of your order. However, claims submitted after this period will also be accepted without prejudice to the consumer, in accordance with Article L.216-5 of the French Consumer Code.

 

Please attach as much supporting evidence as possible to your claim, particularly clear photos of the parcel and the affected products.

 

We invite you to use the contact form available in the “Contact us” section, accessible from every page of our Site.

 

The product you received does not conform to the contract (color, technical performance, etc.) or to the expected quantity, quality, and other legitimate characteristics.

 

Article 8.1 “Legal Guarantee of Conformity” provides all the necessary details regarding how to handle this situation.

 

The product you received has a malfunction.

 

Article 8.1 “Legal Guarantee of Conformity” and Article 8.2 “Legal Guarantee for Hidden Defects” provide all the necessary details regarding how to handle this situation.

 

You have changed your mind and wish to exercise your right of withdrawal

 

You have the right to withdraw from your purchase without giving any reason within a certain period from the date of receipt of your order. Article 3.5 “Right of Withdrawal” provides all the necessary details on how to exercise this right.

 

8 – Legal Warranties

The customer benefits from the legal warranty of conformity and the warranty against hidden defects, in accordance with the applicable legal provisions.

 

Legal warranty of conformity

The consumer has a period of two years from the delivery of the goods to enforce the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.

When the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal warranty applies to this digital content or service throughout the supply period. During this time, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or service, and not the date on which it appeared.

The legal warranty of conformity requires the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.

The legal warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience. If the goods are repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer requests repair of the goods but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a price reduction by keeping the goods or terminate the contract with a full refund against return of the goods if:

1° The professional refuses to repair or replace the goods;
2° Repair or replacement of the goods takes more than thirty days;
3° Repair or replacement causes a major inconvenience to the consumer, particularly when the consumer bears the cost of returning or removing the non-compliant goods or the cost of installing the repaired or replacement goods;
4° The lack of conformity persists despite the seller's unsuccessful attempt to bring the goods into conformity.

The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination. The consumer is not required to first request repair or replacement.

The consumer is not entitled to terminate the sale if the lack of conformity is minor.

Any period during which the goods are immobilized for repair or replacement suspends the warranty period until the goods are returned in proper condition.

The above rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the implementation of the legal warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This warranty entitles the consumer to a price reduction if they keep the goods or a full refund against return of the goods.

 

The Seller, whose name and address are specified in Article 1 "Definition", is liable for any lack of conformity of the Product (legal guarantee of conformity) and for any hidden defects of the item sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code (guarantee against hidden defects).

 

8.1 Legal Warranty of Conformity

8.1.1 What is the Legal Warranty of Conformity

Scenario 1: You notice a lack of conformity within two years after delivery of the product:

 

The relevant conformity defects:

 

- The Product does not comply with the contract, meaning it does not match the description provided in the product sheet, the type or quantity ordered, the quality, functionalities, etc., specified in the contract/order. The Product is also considered non-compliant if delivered without all its accessories or assembly instructions.
- The Product does not meet the quantity, quality, and other characteristics, including durability, functionality, and safety, that the consumer may legitimately expect for goods of the same type, considering the nature of the good as well as public statements made by the Seller, including in advertising or labeling.

If the Product presents such conformity defects existing at the time of delivery (but which may appear later), you may act under the legal warranty of conformity within a maximum period of two (2) years from delivery.

 

Defects appearing within twenty-four (24) months from delivery are presumed to have existed at the time of delivery.

 

PLEASE NOTE – YOUR RIGHTS:

 

You have a maximum of two (2) years from the delivery of the Product to take action under this warranty.

 

When you invoke the legal warranty of conformity, you:

 

- Have the right to bring the Product into conformity. This means you can choose between repair* or replacement of the item. Bringing the Product into conformity is free of charge for the Customer;
- Or, if this is not possible, you have the right to a price reduction or contract termination**.

The legal warranty of conformity applies independently of any commercial warranty that may be offered***.

 

If applicable, you may also decide to enforce the warranty against hidden defects in the item sold under Article 1641 of the French Civil Code, as described below in Article 8.2 “Legal Warranty for Hidden Defects.” In this case, you may choose between the cancellation of the sale or a price reduction, in accordance with Article 1644 of the French Civil Code.

 

*Due to the nature of our Products, repair is only possible through spare parts and only for certain models. If a Product cannot be repaired, we offer a replacement (subject to stock availability) or, if applicable, a refund.

 

** This means that if repair or replacement of the Product with an identical one is impossible, you are entitled to a refund of the Product price. We may ask you to return the Product.

 

*** Please note that the Seller does not provide any additional commercial warranty beyond the legal warranties applicable to its Products.

 

Scenario 2: You notice a lack of conformity more than two years after the delivery of the product:

 

You can no longer benefit from the legal warranty of conformity.

 

You may, however, be entitled to the warranty for hidden defects.

 

We remind you that the Seller does not provide any additional commercial warranty beyond the legal warranties applicable to its Products.

 

8.2 Legal Warranty for Hidden Defects

8.2.1 The Product has a hidden defect.

Clarification on what is considered a product with a hidden defect under the French Civil Code:

 

Article 1641:

 

The seller is bound by the warranty for hidden defects of the item sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lesser price for it, had they known of them.

 

PLEASE NOTE – YOUR RIGHTS:

 

You may invoke the warranty against hidden defects of the item sold: you have two (2) years from the discovery of the hidden defect to assert your rights. The duration of this warranty is limited to five (5) years from the date of purchase.

 

Scenario 1: The sale took place less than 5 years ago and you invoke the warranty within two years from the discovery of the defect:

 

In this case, you may choose between canceling the sale or obtaining a reduction of the purchase price, in accordance with Article 1644 of the French Civil Code.

 

Scenario 2: The sale took place less than 5 years ago, but you invoke the warranty more than two years after the discovery of the defect:

 

In this case, your claim is not admissible on this basis.

 

Scenario 3: The sale took place more than 5 years ago:

 

In this case, your claim is not admissible on this basis.

 

8.2.2 How to exercise the legal warranty for hidden defects

For any claim related to a hidden defect in a Product, please contact us via the contact form available in the "Contact Us" section on every page of our Website.

 

After reviewing your request, if it is deemed admissible, you will be able to choose between canceling the sale or obtaining a price reduction. In case of a product return, we will issue a return label at our expense.

 

9 – Seller’s Liability

We disclaim any liability, to the fullest extent permitted by applicable law, towards the Customer in the following cases:

 

- In the event of improper use of the Product
- If the Product has been modified
- In the event of non-compliance with the Product’s age recommendations

 

10 – Force Majeure

Force majeure occurs when an event is beyond the control of one of the parties to the contract, could not reasonably have been foreseen at the time of its conclusion, and whose effects cannot be avoided by appropriate measures.

 

The following events are considered cases of force majeure, without limitation: wars (including civil wars), strikes, terrorist attacks, fires, floods, restrictions or measures imposed by national, European, or international authorities, epidemics, pandemics, total or partial interruption or blockage of telecommunication or electricity networks, hacking, unexpected stock shortages from our suppliers, as well as any event recognized as such by case law.

 

If the non-performance or delay in the performance of contractual obligations results from a case of force majeure as defined above, the Seller cannot be held liable.

 

We will inform you as soon as possible of any inability to perform our contractual obligations due to a case of force majeure.

 

The performance of the Seller's obligations (including delivery within the agreed timeframe) is suspended for the entire duration of the force majeure event, if it is temporary. This means our performance deadlines will be extended by a period equal to the duration of the force majeure event. The suspension of obligations shall in no case give rise to liability for non-performance or to any claim for damages.

 

Once the cause of suspension has ended, we will make every reasonable and necessary effort to resume the normal performance of our contractual obligations as quickly as possible. We will inform you of the resumption of our services.

 

However, if the impediment is permanent, the contract concluded between the Seller and the Customer will be terminated, and the Seller will issue a full refund to the Customer.

 

11 – Dispute Resolution and Applicable Law

11.1 Applicable Law

These general terms and conditions shall be executed and interpreted in accordance with French law, without prejudice to the application of the law of the country in which the Customer has their habitual residence, provided that such law affords them greater protection.

 

11.2 Dispute Resolution

In the event of a dispute, the Customer shall:

 

- First submit their complaint to the Customer Service Department, in accordance with the procedures described herein, depending on the issue encountered.
- If the dispute cannot be resolved directly with Customer Service, the Customer has the right to use the consumer mediation service free of charge.

What is consumer mediation?

 

Consumer mediation is an out-of-court dispute resolution process in which a consumer and a professional attempt to reach an amicable agreement to resolve a dispute between them, with the assistance of a third party: the mediator. If no agreement is reached, the mediator proposes a solution to settle the dispute. It is therefore an alternative to legal action, which is often lengthy and costly. However, the consumer still has the option of taking the matter to court if mediation fails.

 

Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in connection with the performance of a sales or service contract.

 

The appointed mediator is:
CNPM MÉDIATION CONSOMMATION
27 Avenue de la Libération
42400 SAINT-CHAMOND
Telephone: +33 9 88 30 27 72 (Monday to Thursday from 9 am to 12 pm and from 2 pm to 5 pm)

 

Regardless of the contact method used, the request must include:

 

- Your postal, telephone, and email contact details,
- Our name and address (Article 1 "Definitions" – "Seller" section),
- A brief description of the facts,
- Proof of prior steps taken with our Customer Service.

You are also informed of the possibility of using the Online Dispute Resolution (ODR) platform provided by the European Commission:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN

 

Additionally, consumers residing in Belgium also have access to the public Consumer Mediation Service:
https://mediationconsommateur.be

 

If an amicable resolution cannot be reached, the consumer may bring the matter before one of the competent courts:

 

– the court of the place where they resided at the time of the conclusion of the contract or the occurrence of the harmful event,
– or the court of the place where the professional is established.

 

Annex  1

Model withdrawal form

 

To:
SARL BAGHERA
6 bis rue de la Paroisse, BP 210,
78000 Versailles,
France
info@baghera.fr

 

I/We () hereby notify you of my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services () below:

 

Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:

 

(*) Delete as appropriate.

 

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