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General Sales Terms and Conditions

Preamble

This website is operated by SAS BABYRANGER (R.C.S. EVRY 51056209 - SIRET : 51405620900018). The very act of ordering any product featured on this website’s online shop presupposes the prior acceptance of these general sales terms and conditions by the customer.

In the case where the customer wants to order any of the products for sale on this website, the customer is fully aware, and understands that their agreement of the contents of these conditions does not require their handwritten signature on this document.

The customer has the option to save and/or print the said General Sales Terms and Conditions document, and that this is the customer’s sole duty and responsibility.

The customer states that they are of sound mind and have the capacity to fully and legally comply with these terms and conditions.

THE PRODUCTS FOR SALE AND THE SERVICES AND INFORMATION GIVEN ON THIS WEBSITE DO NOT IN ANY WAY REPLACE THE REQUIREMENT FOR ADULT ATTENTION.

Article 1 : Overview

These general terms and conditions represent all parties’ legal obligations. This means that the customer is deemed to have accepted without reservation all provisions contained in this document. No other general or specific condition requested by the customer will be incorporated herein, since any modification would be incompatible with these original conditions.

Article 2 : Purpose

These terms are intended to define the rights and obligations of all parties with regard to the online sale of goods and services given by the company BABYRANGER SAS to the customer.

Article 3: Contractual documents

This contract contains the following contractual documents, presented in descending importance: these General Sales Terms and Conditions and the Purchase Order. In case of any conflict between the provisions contained in the documents, the provisions in the most importance document's will prevail.

Article 4: Length of the validity of terms

These conditions come into effect on the date when the purchase order is signed. These terms and conditions remain valid for the time necessary to provide the goods and services purchased, until the expiry of the guarantees offered by the company BABYRANGER SAS.

Article 5: Electronic signature

The customer agrees to their order and the entirety of these terms and conditions without reserve at the moment of clicking on the 'send' button after the online checkout process. This constitutes an electronic signature, which as far as the parties are concerned, has the same value as a handwritten signature.

Article 6 : Order Confirmation

Contractual information will be confirmed and sent by email no later than delivery or by post to the address provided by customer in the purchase order.

Article 7 : Proof of transaction

Customer information stored with reasonable security on BABYRANGER SAS’s computer systems will be considered sufficient proof of communication, orders and payments between the parties. Purchase orders and invoices are archived on a reliable and durable system, and may be produced as evidence.

Article 8 : The order processing

8.1 Information required when ordering

The customer is required to check the fullness and compliance of the information they provide on the order, particularly the delivery address. BABYRANGER SAS can not be held responsible for any customer input errors and their consequences (e.g. delivery delays or undelivered items). Any expenses incurred for the redelivery of the order would be borne by the customer.

8.2 Anti-Fraud checks

To ensure the security of transactions and to prevent fraudulent online distance selling transactions, we carry out random checks during the ordering process. A random check consists of the customer receiving an email asking for proof of their address and/or identity (the aim being to ensure the authenticity of such information [for example a utility or landline telephone bill, and proof of identity]) so that the order can be finalised. In the absence of proof or if the documents sent by the customer do not in fact verify their identity or address, we would be obliged to cancel the order to preserve the security of our online transactions.

Article 9: Product Information

9(a) The product information provided on BABYRANGER SAS’s website complies with France’s Customer Code legal article L 111-1, enabling potential customers to understand the essential product characteristics before placing their order.

9(b) The availability of products for sale by BABYRANGER SAS depends entirely on quantity of stock available.

Article 10 : Price

Prices are quoted in Euros and are validated on the date when the customer sends the purchase order. They do not include the costs of delivery preparation, delivery (charged separately), which are shown on screen before the customer validates their order.

VAT, if applicable, is included in the product price at the rate that is correct on the order date. Any change in the rate of VAT will automatically be reflected in the shop’s prices.

Our offers and prices are valid for five working days.

Good must always be paid for in full at the time of purchase. At no time can deposits or down payments be accepted.

Article 11: Method of Payment

To complete the ordering process, the customer has at their disposition the payment methods mentioned on the site at the time of order, currently credit card and Paypal.

Some payment methods may only be offered if a certain order value has been exceeded. Some payment methods may be offered depending on the customer’s billing country. The customer guarantees to BABYRANGER SAS that they have the permission required to use their chosen method of payment, at the moment of validating the order.

BABYRANGER SAS reserves the right to suspend any order and any delivery in the case where official financial organisations have refused payment authorisation or in the case of non- payment.

BABYRANGER SAS specifically reserves the right to refuse to deliver or to honour an order placed by a customer who has not fully paid a previous order or with whom a payment dispute is in progress.

In the case of staged payments, after only one missed instalment, the total remaining amount owed shall become automatically and legally demanded.

Article 12 : Availability of products

The order will be picked no later than 30 days from the day after the customer placed their order.

In the case where an ordered product is not available, particularly if there is an issue with one of our suppliers, the customer will be informed immediately and will be able to cancel the order.

The customer will then have the option of requesting either a product exchange or a full refund (within 30 days of their payment being received) of the amount paid.

Article 13 : Delivery methods

Products are delivered to any country in the world to the address provided by the customer on the purchase order form.

The customer is responsible for checking the condition of the packaging upon delivery and reporting on the delivery document any damage caused by the carrier, and reporting any damage to BABYRANGER SAS within one week.

BABYRANGER SAS works mainly with The French postal company La Poste, to minimise transport costs. In France, all small and medium size parcels are generally shipped by La Poste’s Colissimo Suivi service. This service allows the customer to retrieve their parcel from their local post office in case of absence at the time of delivery.

If the customer is absent on the day of delivery, a card will be left in the letter box, allowing the customer to collect their parcel at the post office within normal opening hours within a fortnight from the original delivery date.

Colissimo Suivi is a very reliable service. However, as with any delivery service, there may be a delay or the product may get lost. In the case of a non-delivery on the date we stated in the order confirmation email, the customer is requested to report the delay to BABYRANGER SAS by phone or email. We will then contact La Poste’s to start an investigation. La Poste’s investigation may take up to 21 days from the date of commencement of the investigation. If during this period, the product is found (which is what happens in the majority of cases), it will immediately be redelivered to the address on the purchase order). However, if the parcel is not found at the end of the 21 day investigation period, La Poste will consider it lost. It is only at that moment that we can send the customer a replacement product, at our own expense. If the ordered product(s) are no longer available, we will refund the amount of the lost products. If the product is still available, but at a different price than at the original time of ordering, we will apply the new sale price, either by reimbursing the difference by sending the customer a cheque or by requesting an additional cheque for the required difference.

BABYRANGER SAS declines all responsibility for delayed delivery on the part of the carrier, particularly in cases of loss of products or industrial strike.

In the case of items needing to be shipped on different dates due to their different availability dates, delivery is based on the latest delivery date. However BABYRANGER SAS, reserves the right to split shipments. The customer will be charged for a single shipment.

BABYRANGER SAS cannot be held responsible for any consequences of a delayed delivery.

For Shipment outside of France, BABYRANGER SAS works with UPS and The French national postal company La Poste, using their Colissimo International service.

Article 14 : Carrier Delivery Problems

Any problem concerning delivery (e.g. damaged parcel, missing product, broken product) must be noted down on the delivery notice along with the customer’s signature. The customer must also send a letter to the carrier within three (3) business days following delivery, detailing the nature of the complaint.

The customer must also send a copy of this letter to:

Customer Services

BABYRANGER SAS

2 Route de la Noue

91190 GIF SUR YVETTE

France

CAUTION: Please DO NOT use this address to return any products to as it is not our warehouse.

Product returns must be sent to the address indicated in section 15 or 17 following the designated procedures.

Article 15: Mistakes in Delivery

15(a) The customer must notify BABYRANGER SAS on the day the items were delivered or no later than the first business day following delivery, any claim of error in delivery and/or error in the nature or quantity of products compared to the information on the order form. Any claims submitted after this deadline will be rejected.

15(b) This claim may be made:

- preferably by email to service@babyranger.com

- by phone +33 1 64 46 70 66 Monday to Friday between 8.00am to 8.00 p.m French time (CET).

15(c) Any claim not made according to the rules defined above and within the time limits specified will not be taken into account, which removes any responsibility of BABYRANGER SAS towards the customer.

15(d) When BABYRANGER SAS receives a claim, we will assign a “product exchange number” and will communicate this to the customer by email, fax or telephone. The exchange can only take place after the allocation of a number.

15(e) In the event of an incorrect delivery or product exchange, any product requiring exchange or refund needs to be returned to BABYRANGER SAS, undamaged in its entirety and in its original packaging by delivery service that requires a signature tat the destination at the following address:

CROSSLOG / Babyranger

ZI MEAUX

7 Rue Lumiere

77100 Meaux

FRANCE

Telephone +33 1 60 23 22 05

The customer needs to have had contact with BABYRANGER SAS’s Customer Services before returning any product, in order for it to be accepted back.

Shipping costs are borne by BABYRANGER SAS, except if the returned product does not correspond to the initial statement made by the customer in the return document.

Article 16 : product Guarantee, liability

16.1 In compliance with Article 4 of French Decree No. 78-464 dated 24 March 1978, the provisions herein do not deprive the customer of the legal guarantee which requires the seller to guarantee against all the consequences of latent defects of the item sold.

16.2 The customer is expressly notified that BABYRANGER SAS is not the manufacturer of any of the products featured in its website, referring to French Law No. 98-389 dated 19 May 1998 in relation to any liability for defective products.

Thus, in the event of any damage to a person or to property caused by a product defect, the customer is only entitled to seek compensation from the manufacturer, based on the product information featured on the product packaging.

THE PRODUCTS FOR SALE AND THE SERVICES AND INFORMATION GIVEN ON THIS WEBSITE DO NOT IN ANY WAY REPLACE THE REQUIREMENT FOR ADULT ATTENTION

16.3 BABYRANGER SAS cannot be held liable for non-compliance with the legislation in the country where the orders are delivered. It is the customer’s responsibility to check with local authorities before ordering with regard to any limitations to product or service importation.

16.4 Product photographs and descriptions are not contractual. Consequently, BABYRANGER SAS cannot be held liable for errors in any of these photographs or descriptions.

16.5 Hypertext links on the website may link to other sites. BABYRANGER SAS does not have any liability if the content of these external sites contravenes laws and regulations.

16.6 The products purchased from BABYRANGER SAS are covered by the manufacturer’s warranty.

These manufacturer’s guarantees of are normally 12 months parts and labour. However, some companies will only agree to replace parts. In case of product breakage during the initial warranty period, repairs will be carried out free of charge by the manufacturer.

In order to benefit from the manufacturer’s guarantee, the customer must keep the receipts of their purchase.

If the customer wishes to use the warranty, they need to contact BABYRANGER SAS customer services :

- preferably by email: service@babyranger.com

- by phone +33 1 64 46 70 66 Monday to Friday between 8.00am to 8.00 p.m French time (CET).

- providing, if requested by customer services, a photo of the defect in question.

16.7 Reminder about the returns process

Any return of a product under manufacturer warranty needs to follow the procedure listed in Article 17. Apart from the return of a non-conforming product or in the case where the manufacturer is paying for the return, the costs and risks associated with returning the defective product are the customer’s responsibility. The customer will need to enclose the certificate of warranty to entitle the customer to a repair under warranty.

16.8. Limitation of Warranty

Proof of breakage caused by negligence, deterioration or product misuse invalidates the warranty. If this is the case, the product will be returned to the customer as is, or repaired once payment has been made by the customer (after having received an estimate).

A manufacturer’s warranty does not deprive the customer of legal protection (including any latent defects or legal compliance guarantees).

Article 17 : Right of withdrawal

The customer has a period of seven (7) calendar days to return, at their own expense, any products ordered that do not fulfil the customer’s requirements. This period starts from the day of delivery. Before returning any products, the customer must notify BABYRANGER SAS of any planned returns :

- preferably by email: service@babyranger.com

- by phone +33 1 64 46 70 66 Monday to Friday between 8.00am to 8.00 p.m French time (CET).

A return number will then be assigned to the product. The product should be returned to BABYRANGER SAS, intact, and in its original packaging, using La Poste’s Colissimo Suivi or the customer’s country “signature required” equivalent service at the following address:

CROSSLOG / Babyranger

ZI MEAUX

7 Rue Lumiere

77100 Meaux

FRANCE

Tel: +33 1 60 23 22 05

Products like software, disks, CDs, games consoles, DVDs, should not have been unwrapped, so that customers can benefit from the right of withdrawal if required.

The only returned products that will be accepted must be complete, in their original packaging, and in perfect condition for resale. Any product that has been damaged or that has damaged packaging will not be refunded or exchanged.

This right of withdrawal is used without penalty, apart from the costs of return. Assuming the customer has the right of withdrawal, they have the option of requesting either a refund of the amount paid, or exchanging the product. In the case of requesting an exchange, delivery will be paid for by the customer.

In case of exercising the right of withdrawal, BABYRANGER SAS will make every effort to reimburse the customer within 20 days.

The customer will then be refunded by cheque or bank transfer.

Article 18 : Force majeur

Neither party will have breached their contractual obligations, to the extent that the completion of that obligation is delayed, hindered or prevented by a unfortunate or unexpected event. An unfortunate event or “force majeure” is any compelling fact or circumstance, outside of any party’s control, that could not have been predicted or prevented, despite all possible reasonable efforts.

Any party affected by such circumstances needs to notify the other within ten (10) working days after the date on which it becomes apparent.

Both parties need to convene within one month, unless that is deemed impossible because of the “force majeure”, to examine the impact of the event and agree the conditions under which the contract will be continued. If the force majeure circumstances last longer than three months, these terms and conditions may be terminated by the aggrieved party.

In addition to the circumstances usually accepted by French jurisdiction in court and tribunals, explicitly, force majeure or unfortunate events are:

- The blocking of means of transport or supplies; earthquakes, fires, storms, floods, lightning;

- The cessation of telecommunication networks or difficulties specific to non-customer telecommunication networks.

Article 19: Partial non-validation

If one or more of the provisions of these terms and conditions are held to be or declared as invalid under any law, regulation or following a final decision of a competent court, all the other provisions in this document shall remain in full force and scope.

Article 20: No Waiver

The failure of any party to claim a breach by the other party of any obligations contained in these terms and conditions shall not be interpreted in the future as a waiver of the obligation in question.

Article 21: Title

If the title, or any clause thereunder, of any of the paragraphs or articles of these terms and conditions are misinterpreted the titles will be declared non-existent.

Article 22: Applicable Law

These general terms and conditions are subject to French Law. In the event of any legal dispute, French courts will have jurisdiction. In the event of a dispute or claim, the customer will need to apply to BABYRANGER SAS to encourage a fair and reasonable solution.

Article 23: Freedom of Information

All information requested from the customer is required to in order to process an order and will be communicated to BABYRANGER SAS’s contracted partners required to complete the order. Customers can write to BABYRANGER SAS to oppose such disclosure or to exercise the right of access to this information, or requesting rectification of any incorrect information concerning the customer contained in BABYRANGER SAS’s systes, as provided by French Law dated 6 January 1978.

Article 24 : Intellectual Property

All content (articles, comments, illustrations, pictures, etc.) posted on this site is copyright and our intellectual property worldwide. For this reason and in compliance with the French Code of Intellectual Property, it is only allowed for private use, subject to different and more restrictive codes of intellectual property. Any other use constitutes an infringement and is punishable under the Code of Intellectual Property except with prior authorisation from BABYRANGER SAS. Reproduction in whole or in part of the BABYRANGER SAS catalogue is strictly prohibited.

Article 25: Commentary, criticism, communication

The opinions, views, comments and more generally all the content in whatever format or filed submitted by our customers on this site are regularly reviewed by our teams.

If any content breaks the law and/or our ethics (e.g: unlawful advertising, defamation, insults, comments out of context, etc.) BABYRANGER SAS reserves the right to reject or modify the content in question.

Article 26 : Property

BABYRANGER SAS retains ownership of the products sold by SAS BABYRANGER until full payment. Failure to pay any instalment may result in BABYRANGER SAS reclaiming the product.

BABYRANGER SAS retains in damages and interest, all monies that have been paid by the customer. As risk is transferred to the customer upon delivery of the product, if the product has suffered damage or been destroyed whilst in the customer’s care, they will bear all the consequences.

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