Terms of Sale

Terms and Conditions jurisdiction and definitions

These Terms and Conditions of Use and Sale are governed by the French laws and will be interpreted in accordance with the French courts. You can get on this page, for your reading comfort and understanding, a full translation in English of the Terms and Conditions of the current website.

The below listed words define:

'Site', 'service' or ‘website’: the website http://www.baghera.co.uk/ and all its pages.
'Publisher’: the legal or natural person responsible for editing and publishing content on the website.
'User’: the person visiting and using the website.
'Products’: all goods (both physical and intangible) and services that it is possible to buy or to which it is possible to subscribe to on the website.
'Customer ': the user buying a product or service on the website.

Mentions imposed by French trust law in the digital economy, website purpose and description of the parties

The website http://www.baghera.co.uk/ is published by Baghera company, of which share capital is 300000 €, a French registered company with the number 351 917 349 in Versailles RCS Register whose registered office is located at ZA de la Prévôté, Route des Côtes d'Orval, 78550 HOUDAN, France.

The website is hosted by OVH, a French company with the number B424 761 419 in Lille Metropole RCS Register whose registered office is located at 2 rue Kellermann 59100 Roubaix, France. Intra-community VAT number is : FR 22 424 761 419.

The purpose of the website is the following: "corporate and ecommerce website of the Baghera brand."

The website is free to access by any Internet user. The acquisition of a product, creation of an account on the website, and in a broader sense navigation on the website implies acceptance by the user of the whole current Terms and Conditions, the user thus acknowledging to have taken full knowledge and accepted the latter.

The acceptance of these Terms and Conditions implies on the part of users that they do have the legal capacity necessary to do so.

Characteristics of products and services offered

The goods and services offered are those listed in the catalog published on the website. These products are offered subject to stock availability. Each product is listed along with a description provided by the publisher based on descriptions provided by the supplier. The product images and information texts available reflect the product as much as possible.

The website customer service is available by e-mail at the following address: info@baghera.fr or through mail at this address: Baghera, 3A rue Pétigny, France, in case of which the publisher agrees to provide a response within 7 days. 

Baghera company also makes available to its users and customers a hotline or helpline, to discuss their issues. The hotline can be contacted by phone at the hotline number +33130469310 (local call cost if calling from France).

Prices

The prices listed in the catalog are prices shown in Euros, US Dollars, Polish Złoty or Pound Sterling including taxes (TTC), and based on the applicable VAT on the day of the order.

Baghera company reserves the right to change prices at any time. However, only the price appearing in the catalog on the day of the order shall be applicable to the buyer.

Member account

The registered user on the website (member) has the ability to access his or her account by logging in, using the e-mail address specified during registration and a password. The user is responsible for protecting the password he or she has chosen, and is encouraged to use complex passwords. In case of forgotten password, the member can ask to generate a new one. This password is the guarantee of confidentiality of information contained in the user account, and the user will refrain from transmitting or communicating it to third parties. Otherwise, the website will not be held liable for unauthorized access to a user account.

Creating an account is a prerequisite to any order or member contribution on this website. To this purpose, the member can be asked to provide a few personal information. The member agrees to provide accurate information.

Data collection purpose is the creation of a member account; this account allows the customer to check all orders made on the website with the account. The website publisher cannot be held responsible if the data contained in the account were to disappear because of a technical failure or force majeure event, this information having no probative value, but only an informative one. The account pages are freely printable by the given account holder but cannot be taken as evidence ; they only have informative value and aim to effectively help the member to manage his or her orders or contributions.

The publisher reserves the exclusive right to delete the account of any member who may have breached these Terms and Conditions, including but not limited to the following cases: 
- the member has knowingly provided false information during his or her registration and the creation of an account
- the member has been inactive on the website for at least a year.

Said deletion cannot be considered harmful to the excluded member, who cannot claim any compensation for this the account deletion. This deletion does not prevent the publisher to initiate legal actions or a lawsuit against the member, should the facts warrant it.

Publisher waiver of responsibility

Failure to connect to the website is not considered harmful to the users, and will not result in any right to any kind of compensation. The unavailability of the website, even extended without any time and concerning one or several products, cannot be considered harmful to users and cannot result in the award of damages from the publisher.

The hypertext links on the current website may refer to other websites and the responsibility of the publisher of the current website cannot be engaged if the content of these websites contravenes the laws. The current website publisher will not be held responsible of any harm caused to the user by his or her visit on those third-party websites.

Intellectual property rights relating to information published on this website

Unless otherwise stated, the publisher or its licensors own the intellectual property rights in the website and material on the website. Copying the any content, including but not limited to logos, text content, pictures or videos is strictly prohibited and will be considered counterfeiting. Any user found guilty of counterfeiting would likely see his or her account deleted without notice or compensation, this deletion not preventing the publisher or its representative to initiate legal actions or a lawsuit against the member, should the facts warrant it.

This website uses elements (images, photographs, content) whose credits go to Baghera Company.

User-generated content on the website

Users are offered the option of contributing to the contents of this website by posting comments.

Contributors are advised that the publisher, represented if necessary by moderators, can choose to publish the comments on this website, on newsletters or on the websites of its partners, provided that the publisher includes the pseudonym of the author of the comment. The author of the comment therefore waives its rights to it, to the benefit of the publisher and for any kind of distribution, use or purpose, even commercial, on the Internet medium ; this, of course, provided that author paternity rights are always respected.

Brands

Trademarks and logos appearing on the website are deposited by the publisher or possibly by one of its partners. As such, any person proceeding to their representations, reproductions, interweaving, distribution and reruns incurs to penalties foreseen in the articles L. 713-2 and following of the French Code of the intellectual property.

Limitation of Liability

The publisher, for all the order steps and for the steps after concluding the contract, has an obligation of result.

The responsibility of the publisher could not be committed if the breach of contract, would be due to unpredictable and insurmountable a third contract, is a case of force majeure as defined by French jurisprudence.

Regarding purchased products, Baghera company shall not be liable for any consequential damages because of present, trading loss, operating loss, loss of profit, damage or expense that might arise. The choice and purchase of a product are under the sole responsibility of the customer. The total or partial inability to use such product due to incompatibility of equipment cannot lead to any compensation, reimbursement or questioning the responsibility of the publisher, except in the case of a proven hidden defect, non-compliance, damaged good, or genuine exercise of rights of withdrawal (if client is not a professional and withdrawal right is applicable to the contract, according to the article L 121-21-8 of the French “Code de la consummation”). In case of non-delivery of an order or part of an order, the customer has up to six months (starting at the departure from the warehouse) to come forward. No claim will be accepted beyond this period.

The user expressly agrees to use the website at his own risk and under his sole responsibility. The website provides the user with indicative information and flaws, errors, omissions, misstatements and other ambivalences may exist. In any event the publisher will no be liable for :
- any direct or indirect damage, including but not limited to lost profits, revenue shortfall, loss of customers or data that may result from the use of this website or conversely the inability to use it;
- any malfunction, impossibility of access, misuse, improper configuration of the user's computer, or for the use by the user of an unusual browser;
- the advertisements content and other links or external sources the user may access through the website.

Accessibility

The publisher cannot be liable for any technical hindrance of the connection to the website, including but not limited to hindrance due to a force majeure event, a maintenance, an update, changes being made on the website, an intervention by the hosting company, an internal or external strike, a network outage, a power failure, or a bad setup or operation of the user computer.

Account deletion

Members are free to delete his or her account on the website. In order to do so, the member can send an e-mail to the website stating that he or she wants to delete the account. No data recovery is possible after account deletion.

Miscellaneous

These Terms and Conditions are subject to the application of French law. They may be modified at any time by the published or one of its representative. The Terms and Conditions applicable to the user are those in effect on the date of the order or of the connection to the website. The publisher obviously agrees to archive its older version of the Terms and Conditions, and to send them to any user who so requests.

Excepting public policy provisions, any dispute that may arise regarding the execution of these Terms and Conditions may be submitted to the discretion of the publisher with a view to a friendly settlement, before any legal proceedings. It is expressly stated that the claims for friendly settlements do not suspend nor set aside the deadlines fixed for instigating legal proceedings. Unless otherwise provided by public policy provisions, any legal proceedings regarding the execution of this contract shall be subject to the jurisdiction of the Court of Appeal that has been referred to.

The competent court in case of dispute will be the place of residence of the defendant or, in the choice of the applicant, the place of effective delivery of the product or the place where he lived at the time of the conclusion of the contract.

Use of cookies

Cookies allow the website to identify its users, customize their browsing experience and speed up the display of the website pages through a data file saved on their computer or device. Cookies are typically used on the website to gather user navigation data to provide analytics and optimize user experience and allow the user to log in to and access password-protected pages, including but not limited to his or her account pages. 

The user acknowledges he or she has been informed of the use of cookies on the website, and authorizes the website and its publisher to use it. Bgahera company agrees to never disclose the content of these cookies to third parties, except in the course of legal proceedings. The user can refuse the use of cookies or configure his or her browser to be notified prior to their use. To do this, the user can proceed as follows :

- For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari : https://support.apple.com/fr-fr/ht1677
- For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on
- For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html

Order-placing and purchasing processes

The "Basket" will be defined as an immaterial container with all the goods or services selected by the user for a purchase by clicking on them. As soon as the user deems to have selected and added to the basket all the products he or she wish to buy, the user will have the possibility to access the basket by clicking on a link or button provided for this purpose, and where he or she can confirm the order. The user will then be redirected to a summary page on which the number, characteristics and unit price of the ordered products will be listed for he or she to review.

If the user wishes to confirm the order, he or she must tick the dedicated checkbox to show acceptance of these Terms and Conditions of Sale and hit the submit button. The user will then be redirected to a page where he or she will fill the order form fields by entering some personal data necessary to the order placing. Once the user has completed and submitted the form, he or she will be redirected to the online payment page where the user can make online payments by credit card or by bank transfers, or will access the required information to send a bank wire. An e-mail will shortly be sent to the user, confirming the order and listing its specifics and price.

Sold products remain the property of the seller until full payment of their price, in accordance to the present title retention clause.

Payment Information

The user can place order on this website and pay by credit card (Visa, Maestro, Mastercard), bank transfer, Paypal or other local payments method (Sofort banking, Sisal Pay, IDeal, Bancontact Mister Cash, Belfius and Przelewy24). The credit card payments are made through secure transactions provided by an online payment platform provider.

This website has no access to any user payments data. Payment is made directly to the bank or online payment platform provider. If the user is paying by bank transfer, delivery time periods defined in these Terms and Conditions shall only run from the date the seller actually receives the payment, the seller having full choice of means to prove this date. Product stock availability is listed on the website, in the description of each item.

Delivery or dissemination

Delivery costs will be shown to the customer before any payment. The website has no geographical limitation for delivery, orders can be shipped anywhere in the world.

The different delivery options that we offer are:
- Home delivery or to an address of your choice

Each order made on the www.baghera.co.uk website before 9:00 (GMT+ 1), will be dispatched the same day (working days). If you make an order after 9:00, it will be dispatched the following working day.
When you add products to the cart, you will be able to consult the costs and times of delivery. When your order has been dispatched, you will receive an email to track your package which will also allow you to contact the carrier.
Your order will be delivered within 30 days of your order being validated, at the latest.

The buyer is responsible for checking the conformity of the goods. Any anomaly concerning the delivery (damage, missing product as compared to the delivery order, damaged package, broken product ...) must be indicated by the buyer on the delivery form, accompanied by his or her signature.The buyer will also confirm this anomaly by sending a letter by registered post with proof of receipt to the carrier, within 3 days of receiving the order, stating the said claims. If the buyer fails to comply with these requirements and if, by doing so, the seller looses any possibility of appeal against the carrier, the buyer alone will bear the consequences of the damage done to the products. On receipt of the complaint, the company baghera will communicate by email, fax or phone the modalities of exchange of products to the buyer.

Any claim not made in the rules defined above and within the defined time periods will not be taken into account and will release Baghera company from any liability towards the buyer. Upon receiving the claim, the publisher of the website will communicate through email, fax or phone with the buyer on how to exchange the products.

In case of delivery error, any product to exchange or refund must be returned to Baghera , whole, in perfect condition and in its original packaging by the carrier who delivered it in the first place.

Withdrawal rules

Pursuant to article L.121-21 and paragraphs of the French “Code de la Consommation”, the buyer can wait up to 14 working days from the date of order delivery to return any product that does not suit him or her and to ask for an exchange or refund without penalty, except for return shipping costs, within 14 working days of his or her request. The product must be returned in perfect condition and in the undamaged original packaging. If applicable, it must be returned along with all its accessories. If the above terms are not met, the buyer will lose his right of withdrawal and the product will be returned at his or her expense. The return costs in case of withdrawal must be paid by the buyer, and the latter must be able to prove the return of the product through a tracked parcel.

After receiving and confirming the return, the publisher will proceed to a refund by bank check or transfer. To insure proper processing of the request, the customer is asked to attach a copy of the invoice.

If the package is returned to the buyer by post, Baghera company will contact the buyer upon receiving the package to ask for further action concerning his or her order. If the buyer refused the package by mistake, he may request the package to be sent again by paying in advance the shipping cost for the renewed shipment. This cost must be paid even for orders whose shipping was free when ordering.

Any delay in delivery superior to thirty business days may result in the cancellation of the sale to the consumer initiative, upon written request from him or her by registered post with proof of receipt. The buyer will then be refunded within a maximum period of fourteen days all the costs involved when ordering.

Products warranty

All products purchased on this website are protected by the following legal guarantees (French Code Civil):

Guarantee of conformity :
According to Articles L. 211-1 to L. 212-1 of the French “Code de la Consommation”, the seller must deliver goods in conformity with the contract and is responsible respond for defects existing during product delivery. In case of lack of conformity, the buyer chooses between the repair and replacement of the product. The guarantee of conformity may be exercised if a defect were to exist on product delivery, or if the defect appears within 24 months following the delivery date (6 months if the order was placed before June 2016). However, after this period of 24 months (6 months if the order was placed before June 2016), it will be up to the customer to prove that the defect existed at the time of delivery.

Hidden defects guarantee :
According to Articles 1641 to 1649 of the French Code Civil, the seller must guarantee in respect of hidden defects of the thing sold which render it unfit for the use for which it was intendedThe customer may request asking the exercise of the guarantee of hidden defects of the thing sold and choose between canceling the sale or reduce the purchase price. Under Article 1648 of the Civil Code, the action resulting from latent defects must be brought by the purchaser within two years after discovery of the defect.

In addition to the above legal guarantees, the products sold on this website are protected by another guarantee, offered by the publisher, under the following conditions:

 

This warranty only covers the original purchaser of the product and cannot be transferred to any other person. The product must have been assembled and maintained per the product instructions.
This warranty does not cover:

-        Misuse, lack of care, mishandling, accident, abuse or other abnormal use, or use of the product other than for its intended purpose

-        Damage caused by improper or unauthorized repair or maintenance

-        Products that have been modified or altered

-        Normal wear and tear

-        Cosmetic issues such as fading or scratches from normal wear, or any other cause not arising from defects in material and workmanship

-        Bad storage conditions of the product (humidity, sunlight) that can cause defects such as corrosion or fading

In case of non-conformity of a product sold on the website, it can be returned to the publisher who will refund or exchange it. All claims of exchange or refund must be made by post to the following address : PFC-LILLE CARVIN - SEDIS - RUE CHARLES TELLIER - 62213 CARVIN, FRANCE, or by e-mail at info@baghera.fr within two days of the date of delivery.

If a product exchange is not possible (e.g. obsolete or out of stock product) the buyer will be reimbursed by bank transfer for the amount of the order minus the carrier costs related the sending of the initial order.

The essential spare parts needed to use our products will be available for one year after purchase.

Archiving

The publisher will archive purchase orders and invoices on a reliable and durable medium, as a true copy in accordance with the provisions of Article 1348 of the French “Code civil”. Digital records will be considered by both parties as proof of communications, orders, payments and transactions between them.

Terms and Conditions framework

If any of these terms and conditions should be declared null and void by a court, such nullity shall not extend to any other clauses, which continue to be in effect. The present Terms and Conditions describe the entire agreement between the user and the website. They supersede all previous or contemporary written or oral agreements. The Terms and Conditions are not assignable, transferable or sub licensable by the user himself.

A printed version of the Terms and any notice given in electronic form may be requested in judicial or administrative proceedings in connection with the terms and conditions. The parties agree that all correspondence relating to these Terms of Use shall be in the French language.

Notice

Any notice concerning the Terms and Conditions, Legal Notices or Privacy Policy must be made in writing and delivered by hand, by registered or certified mail, by post or any other well-known courier service at national level that allows regular review of its prices and conditions to the following address: Baghera, 3A rue Pétigny, 78000 Versailles, France or by e-mail at info@baghera.fr, stating your full name, contact details and subject of the notice.

Claims

Any claim or cause of action you may have with respect to your use of this website, its pages, services or the social network pages of the publisher, or which is the subject of these Terms and Conditions must be commenced within five (5) year after the claim or cause of action arises. If it is not, such a claim or cause of action will never be applicable before a court.

Inaccuracies

It is possible that there are, on the whole website and the services offered, and to a limited extent, inaccuracies or errors, or information that is at odds with the Terms and Conditions, Legal Notices or Privacy Policy. In addition, it is possible that unauthorized modifications happen to be made by third parties on this website or related services (social networks ...). We make every effort to ensure that such discrepancies be corrected.

In case we miss one, please contact us at the following address: Baghera, 3A rue Pétigny, 78000 Versailles, France or by e-mail at info@baghera.fr, to give, if possible, a description of the error and location (URL), as well as sufficient information for us to be able to contact you. For requests involving copyright, please refer to the section of this document related to intellectual property.

Model withdrawal form

This model can be used by any customer, within the limits and conditions stated in the present Terms and Conditions of Sale, to ask for a withdrawal from any contract with Baghera company concluded when placing an order on the website.

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To: Baghera SARL, 3A rue Pétigny, 78000 Versailles, France

I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service*

Ordered on*/received on*

Name of consumer

Address of consumer(s)

Signature of consumer(s) (only if this form is notified in writing)

Date

*Delete as appropriate.

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© Baghera SARL – All rights reserved – February 13, 2017

 


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