Terms and conditions
The present general terms govern the sale of the products presented on the website www.vertbaudet.com
by SADAS SAS, the head office of which is at 216 rue Winoc Chocqueel – 59200 Tourcoing – France,
hereinafter referred to as
The company SADAS SAS operates under the brand name and the sign "VERTBAUDET" an activity of sales of items mainly for the kids ans pregnant woman, as well as decoration.
Any order on the site www.vertbaudet.com implies acceptance of the present general terms of sale. The sale contract is subject to French law. Orders can only be placed between SADAS SAS and any non-trading natural person at least eighteen (18) years of age.
The Parties agree that their relationship is governed exclusively by the present General Terms. VERTBAUDET reserves the right to modify them at any time. Only the General Terms online on the day of the Order are enforceable between the Parties.
VERTBAUDET strives to comply with the possible Codes of conduct in the user’s country of residence. Accordingly, if any terms of sale is found to be lacking, it will be considered as governed by the common practices in effect in the distance selling sector.
VERTBAUDET is a member of the FEVAD (“Fédération du e-commerce et de la vente à distance”) and is thereby a member of the EMOTA (European E-commerce and Mail Order Trade Association). It undertakes to comply with the best practices normally used in the distance selling sector.
1.OFFER TERMS & CONDITIONS OF SALE
The products available for sale are described and presented as accurately as possible. Should minor errors nevertheless occur despite our precautions, we can under no circumstances be held liable. Any dispute in this regard will occur within the framework of a possible exchange and of the aforesaid guarantees (VERTBAUDET will then be responsible for the return shipping expenses).Moreover, depending on our suppliers, we may be required to deliver an article to you that has a slightly different composition than as originally described, but only if it is of equal or better quality than the ordered product. If you do not wish to keep the delivered article, you will of course be entitled to the legal guarantee of conformity.Our product offers are valid within the limits of the available stocks, around the world.
The prices of the Products are indicated in Euros, and do not include shipping costs (postage, parcel packaging and handling based on the relevant amounts). The amount of the shipping costs will be indicated in the purchase order before the order is validated.
- - For shipments within the European Union (French DROM COM excluded)
The price shown is inclusive of all taxes. These prices include French Tax on Value Added, or where applicable, the country of destination at the rate in effect at the time of conclusion of the contract.
- - For shipments outside the EU and French DROM COM (ex DOM TOM):
The price will be displayed without VAT.
Then you will eventually pay in addition, possible customs duties and / or taxes upon delivery of the Products. VERTBAUDET is not able to determine in advance the amount of such taxes, the rate base and criteria differ between countries. You are therefore invited before ordering to contact your national Customs Office for more information.
Should one or more French taxes or contributions, notably environmental, be created or modified, whether upward or downward, this change can be reflected in the sale prices of the Products offered on the Internet site and in the various sales support media.
The prices of the products shown on the Internet site are valid for as long as they remain online.Keep your invoice, as you will need it in case of an exchange or refund.You can contact us for additional information regarding the products and prices, by calling +33 (0)3 20 76 97 41 or by accessing our direct line service from 8 AM to 8 PM (French time). Service will be provided in French or English.
3.1 Log in
Your order can only be placed on the site if you clearly identify yourself by entering your customer number or your identifier and password, which are strictly personal to you.
For the first order, you will need to follow a procedure to create an account as indicated on the Website.
Client number is personal.
3.2 Order and confirmation
If you do not wish to place your order online, you can call at +33 (0)3 20 76 97 41. Our operators are at your service from Monday to Friday, 8 AM to 8 PM (French time) and on Saturday 8 AM to to 6 PM (except on bank holiday, December 25, January 1st and May1st).Products belonging to a baby gift list (see Article 7) may only be ordered online.
Once you have selected all the products you wish to order, you must choose the address and mode of delivery, and finally validate the method of payment. This last step will formalize the contract of sale between you and VERTBAUDET.Validating the order implies express acceptance of the Terms and Conditions.
Upon checkout, it will be sent to our logistics services for processing. You will receive within 48 hours an automatic e-mail of receipt acknowledgment.In certain cases, notably including a payment default, incorrect address or other problem with your account, VERTBAUDET reserves the right to block your order until the problem is resolved.You also have the ability to print a summary of command directly on the Website.
Should an ordered Product be unavailable, you will be so informed by e-mail. The order for this Product will then be cancelled and any payment will be refunded (only Products available at the time of the order can result in a payment, as opposed to backordered products), though the rest of the order will remain firm and final.
For any question regarding the tracking of your order, please call +33 (0)3 20 76 97 41, Monday to Friday, 8 AM to 8 PM (French time) and on Saturday 8 AM to to 6 PM (except on bank holiday, December 25, January 1st and May1st).
Payment for an online order is made by credit card at the time of the order, using the following procedure:
indicate your card number (Visa, Eurocard, Mastercard), the expiry date and the security code (the last 3 numbers shown on the back of your card).
You will born any costs associated with the use of a foreign credit card on the Website: We advise you to contact your bank to inquire about any fees and / or exchange commission applicable.
Your payment will be recorded as of the invoicing date for your parcels. In case of backordered or out-of-stock products, the payment will only cover the amount of the products actually invoiced and delivered. The contact details for the credit card will then be saved in encrypted format until the actual and total payment for the order, by means of our payment service provider, and until the end of the timeframe for your right to return the product, in order to be able to reimburse you by crediting your account.
Credit card data provided at the time of placing your orders are only used by VERTBAUDET for the purposes of carrying out the transaction. Also, should you opt for deferred payment, your bank details will similarly be retained by our service provider until the anticipated payment date.
To ensure payment security, VERTBAUDET uses the OGONE secure payment services. This service uses the SSL3.0 security standard. (Confidential data are encrypted on the OGONE server and are at no time transmitted over our IT server). As such, OGONE ensures the greatest possible security of the data related to your payment methods. In real-time, your payment request is sent to the OGONE secure online payment manager, which carries out various verifications in order to prevent abuse and fraud.
You can choose to save / record the information relative to your credit card, thereby avoiding the need to re-enter the data with each order. Your credit card number appears in its entirety when first entered by you, but only the last 4 digits will be visible in your account for Visa, Eurocard and Mastercard cards, or the first 4 and last 2 digits for American Express cards, with the others being concealed for security reasons. In compliance with the law of 13 March 2000 on electronic signatures, the online transmission of your card number and the final validation of your order serve as proof of the entire order and of the enforceability of the sums owed for the settlement of this order.
With your PAYPAL account.
By choosing to pay by PayPal, you will be automatically transferred to PayPal. Create a new account or enter your login and password to connect to your account. Once the PayPal payment has been confirmed, you can finish placing your order on vertbaudet.com.
Only orders with invoicing and delivery addresses anywhere in the world other than in France, Germany, Spain, Portugal United Kingdom, Switzerland) are accepted on the site www.vertbaudet.com. For these countries, please visit the corresponding sites.
VERTBAUDET uses the services of the UPS company for the delivery of your orders and Colissimo company for DOM TOM. The usual delivery times are between two (2) to five (5) business days, subject to availability of the products and provided that you have submitted correct data. In any event, these timeframes will not be longer than 30 days.
Thanks to the new delivery service, you can track your parcel’s delivery. To do so, you have only to click on the link provided for this purpose in the shipping confirmation e-mail sent by the UPS company. This will take you to the UPS site.
The parcel will be delivered to the delivery address indicated by you. The UPS agents will make three attempts to deliver your order. After three unsuccessful attempts, the UPS agents will try to contact you by telephone or e-mail. Should you not respond within 48 hours, the order will be automatically returned to the sender.
For each order, you are asked to provide an inclusive contribution to the costs for processing your order (postage, handling and packaging of the parcel), of 5.90 €.
This participation applies only once per order, even if the delivery will involve several parcels.
6.SATISFACTION OR REFUND SERVICE (RIGHT OF WITHDRAWAL)
If an article does not suit you, you can exchange it or request a refund (except those excluded by law, such as products which have been the subject of personalization on your request) within the time period mentioned below.
Products must not have been worn, washed or damaged and must be returned intact in their original packaging with their accessories, manuals and other documentation.
You have 15 days from receipt of the final package of your order to notify your wish to withdraw your order either by mail or email(
You have an additional 15 days from notification date (30 days from receipt of the final package of your order) to return the item.
Even if you have not notified us of your intention to withdraw, VERTBAUDET still accepts the return of your product, when it is returned to us within 30 days after delivery of the last package of your order.
In the event of withdrawal, the return shipping fees and any taxes and/or customs duties he may have to bear, shall be incumbent on the User, except in the event that a more favorable national rule applies.
The User is invited to return his/her items via UPS to benefit from many advantages:
- A preferential €10.40 fee per parcel regardless the country of dispatch,
- Collection of the parcel by UPS at the User’s home, on the date and time agreed. In order to set the appointment, the User shall contact VERTBAUDET in advance either by phone on +33 3 20 76 97 41 from 9am to 5pm French time (GMT+1), or by using the “Contact us” section on the website www.vertbaudet.com.
- The User shall not be required to pay the return shipping fees, as the €10.40 will be automatically deducted from the reimbursed amount transferred by VERTBAUDET to the User.
VERTBAUDET will then reimburse you, subject to the conditions mentioned above, the amounts as soon as possible and at the latest within 14 days after receipt of proof (stamped and dated by the carrier) of sending the parcel to our attention or receipt of the parcel by us (the first of these dates will prevail).
The refund will be provided onto your credit card or in the form of a credit note, depending on the payment method used at the time of your order.
For exchanges, the amount of €10.40 will be automatically deducted from the amount of the items returned. You will not pay any further postage and packing costs for your new order
The refund will be made according to the type of payment for the order being returned.
In other words, if the products were paid for:
- By bank card, and the bank card is still valid, the refund for your returns will be paid straight into the bank account associated with your card.
- By PayPal, and your PayPal account is still active, the refund for your returns will be paid into this PayPal account.
7.1 Legal guarantee
For all your purchases, you get the legal guarantee of conformity (Articles L211-1 and following of the French Consumer Code) and the warranty against hidden defects (Article 1641 of the French Civil Code), enabling customers to return the defective or non-conforming delivered Products.
Legal guarantee of conformity :
To benefit from the legal guarantee of conformity, you :
- must act within two (2) years of the delivery of the product ;
- must choose between reparation and replacement of the product, subject to charges as per Article L. 211-9 of the French Consumer Code ;
- shall be exonerated, within six months of delivery, to prove the lack of conformity of the Product.
The legal guarantee of conformity shall apply independently of any commercial guarantee.
Warranty against hidden defects:
You may decide to initiate the warranty against the hidden defects stipulated in the Article 1641 of the French Civil Code. In this case, you can choose between the cancellation of the sale or a reduction of the selling price, in accordance with the Article 1644 of the French Civil Code.
Legal guarantee of conformity:
Article L211-4 of the French Consumer Code:
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L211-5 of the French Consumer Code:
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the French Consumer Code:
Action resulting from lack of conformity lapses two years after delivery of the product.
Warranty against hidden defects :
Article 1641 of the French Civil Code:
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 – 1st paragraph of the French Civil Code:
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
It should be noted also that you also benefit of the more favourable provisions of the Consumer Code in force in your country of residence.
7.2 Spare part
The term availability of spare parts for our products is 6 months. For products under warranty or the length of the availability of parts is equal to the duration of said commercial guarantee, within the limits of available stocks.
Collection, processing and archiving of personal information:
In order to honour its commitment, VERTBAUDET is required to collect certain information regarding you: surname, first name, e-mail address as well as mailing address, products ordered,…
Your e-mail address is required in order to send an order confirmation.
It is the responsibility of VERTBAUDET to ensure that the personal data in its possession are correct and up-to-date, and it is for this reason that you have the right to access, modify and delete the information relating to him/her.
When ordering, the personal data will be subject to computerized processing.
Your are asked to refer to the Internet site
’s “Protection of Privacy & Cookies”
tab for further information regarding this point.
All elements of the Internet site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.
As such, no documents coming from the Internet site can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way.
However, one copy of the documents can be downloaded to a computer for your personal usage and only for non-commercial purposes, provided that you do not modify the information contained therein, and maintains the intact nature of all copyrights or other ownership indications. Any modification of these documents or their usage for another purpose constitutes a violation of the intellectual property rights of VERTBAUDET.
A user with a personal Internet site who wishes to place on his/her site, for personal purposes, a simple link leading directly to the Internet site’s homepage is required to have requested the prior authorisation of the VERTBAUDET company. Under no circumstances will this constitute an implicit affiliation agreement.
On the other hand, any hypertext link leading to the Internet site and that uses framing or in-line linking techniques is formally forbidden. In any event, any link must be removed when requested by VERTBAUDET.
VERTBAUDET cannot be held liable for inconveniences and damages relative to any usage of the Internet network, notably including a service interruption, the presence of computerized viruses, external intrusions or, more generally, all cases recognised as force majeure by the French courts.
The Internet site complies with French laws and, in any event, VERTBAUDET provides no guarantee of conformity with the local legislation that may be applicable to you, in the event that you access the Internet site from another country.
The General Terms are subject to French law.
VERTBAUDET complies with the Code of Ethics of the FEVAD (Fédération du e-commerce et de la Vente à distance) and with the Médiation du e-commerce system.
On a European level, the European Commission provides an online dispute resolution platform (http://ec.europa.eu/consumers/odr/)
In the event of a dispute, an amicable solution will be pursued prior to any legal actions. Failing that, legal proceedings will be initiated before the courts with jurisdiction over the defendant’s residence.