Terms of Sales
General conditions of sale applicable on the site www.mybabydays.fr
Effective date: March 10, 2023
Object
These general conditions of sale apply without restriction or reservation to all online sales offered by the company ADELPHI DUNAMIS on the website www.mybabydays.fr (hereinafter: “ the Site ”).
The Site is an e-commerce platform, which allows Internet users (hereinafter: “ the Buyers ”) to acquire various everyday consumer goods, of different types, offered for sale on the Site (hereinafter: “ the Products”). ").
The purpose of these general conditions is to define the terms and conditions of the online sale and delivery of the Products, as well as to define the rights and obligations of the parties in this context.
They are accessible and printable at any time via a direct link at the bottom of the page of the Site.
The applicable version of the general conditions is the one consultable online on the Site on the date of the Buyer's order, a copy of which is sent to him with his order confirmation.
These general conditions of sale prevail over any other general or specific conditions not expressly approved by ADELPHI DUNAMIS.
They may be supplemented, if necessary, by specific conditions of use for certain services offered on the Site, which supplement these general conditions and, in the event of contradiction, prevail over the latter.
Identity of the seller and contact
The Site is operated by the company ADELPHI DUNAMIS, SAS registered with the Paris RCS under number 947 900 981 whose head office is located at 25 Rue de Ponthieu – 75008 Paris (hereinafter: the “ Company ”), which offers the Products for sale.
The Company can be contacted using the following contact details, in particular for any complaints:
Postal address: 25 Rue de Ponthieu – 75008 Paris
Telephone: 06 49 64 51 67
Email address: alexandra@mybabydays.fr
Legal capacity and acceptance of general conditions
The Site is accessible:
- To any natural person with full legal capacity to commit to these general conditions. Any natural person who does not have full legal capacity can only access the Site with the agreement of their legal representative.
- To any legal entity acting through a natural person having the legal capacity to contract in the name and on behalf of the legal entity.
Acceptance of these general conditions by the Buyer is indicated by a check box in the order form. This acceptance can only be full and complete. Any acceptance under reservation is considered null and void.
The Buyer who does not agree to be bound by these general conditions must not place an order on the Site.
Registration on the Site
In all cases, the Buyer must provide all information marked as mandatory. Any incomplete registration will not be validated.
Registration automatically results in the opening of an account in the name of the Buyer (hereinafter: the “ Account ”), giving them access to a personal space (hereinafter: the “ Personal Space ”) which allows them to allows you to manage your purchases in a form and using the technical means that the Company deems most appropriate.
The Buyer guarantees that all the information he gives in the registration form is accurate, up-to-date and truthful and is not tainted by any misleading character.
He undertakes to update this information in his Personal Space in the event of modifications (in particular: change of postal address), so that they always correspond to the above-mentioned criteria.
The Buyer is informed and accepts that the information entered for the purposes of creating or updating his Account constitutes proof of his identity. The information entered by the Buyer is binding upon validation.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility.
He is also responsible for maintaining the confidentiality of his username and password, any access to the Site using the latter being deemed to be made by the Buyer. The latter must immediately contact the Company using the contact details mentioned in the article “Identity of the seller and contact” herein if they notice that their Account has been used without their knowledge. It recognizes the Company's right to take all appropriate measures in such a case.
Product Characteristics
Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product he wishes to order.
The Products are offered for sale online while stocks last, or subject to the possibility of ordering them if necessary.
The photographs and descriptions of the Products offered for sale online are as precise as possible. They only bind the Company for what is precisely indicated. The Buyer is however informed and accepts that certain characteristics of the Products and in particular their color may not correspond exactly to the photographs presented on the Site, due to technical constraints.
Order
To place an order, the Buyer must select the Product of their choice and place it in their basket.
He can access the summary of his basket at any time as long as the order is not definitively validated and can correct any errors in the elements entered.
The order is deemed received by the Company when it can have access to it.
As part of their order, the Buyer is invited to provide their contact details for delivery and invoicing purposes. He must complete all the fields marked as mandatory in the form provided for this purpose. Orders that do not include all of the required information cannot be validated.
The Buyer guarantees that all the information he gives in the order form is accurate, up to date and truthful and is not tainted by any misleading character.
He is informed and accepts that this information constitutes proof of his identity and binds him as soon as it is validated.
At the end of his order, the Buyer receives a confirmation by email which:
- summarizes the elements of the order and the expected delivery time,
- includes the general conditions in force on the day of the order,
- includes the invoice corresponding to the order.
The Buyer must ensure that the contact details entered in their Account or communicated when ordering are correct and that they allow them to receive the order confirmation email. If this is not received, the Buyer must contact the Company using the contact details mentioned in Article 2.
The Company recommends that the Buyer keep the information contained in the order confirmation.
The order confirmation is deemed received by the Buyer when he can have access to it.
Price and payment terms
The sales prices of the Products are displayed on the Site.
They are indicated in euros, all taxes included (French VAT and other applicable taxes).
The Company reserves the right, at its free discretion and according to terms of which it will be the sole judge, to propose promotional offers or price reductions.
The prices do not include delivery costs that may be applicable to the delivery of the Products, invoiced in addition to the price of the Products. The amount of the applicable delivery costs will be indicated before validation of the order by the Buyer.
The applicable price is that displayed on the Site at the time the Buyer's order is registered.
Please note : Outside the European Union as well as in the French Overseas Territories, customs duties or local taxes may be payable and may be invoiced upon receipt of the package by the Buyer, in addition to the price paid at the time of delivery. Company. These duties and taxes, of which the Company cannot determine the exact amount in advance and of which it cannot therefore inform the Buyer prior to ordering, remain the responsibility of the Buyer, who is solely responsible for the correct completion of any declarations and/or formalities relating thereto.
The full price of the Products is payable upon ordering.
Payment can be made online:
- by credit card, through the secure online payment service indicated on the Site,
- by Paypal,
…or by any other means that will be offered on the Site at the time of the order.
The Buyer guarantees to the Company that he has the necessary authorizations to use the chosen payment method.
The Company reserves the right to suspend or cancel any order and/or delivery in the event of non-payment of any sum due by the Buyer, in the event of a payment incident, or in the event of fraud or attempted of fraud relating to the use of the Site.
Penalties of an amount equal to 1.5 times (one and a half times) the French legal interest rate will be automatically applicable to unpaid amounts from the first presentation of a formal notice by registered letter AR.
Purchase invoices will be sent to the Buyer by any useful means.
The Buyer can access the invoice corresponding to their order in their Personal Space.
The Company retains full ownership of the Products sold until full receipt of the price, delivery costs included.
Delivery
The Site indicates, for each Product offered for sale, the possible delivery territories for this Product.
Delivery of the Products ordered on the Site will be made to the address indicated when the Buyer orders as the “delivery address” (which may be different from the billing address), provided that it is located in the possible delivery territory for the Products concerned.
The Buyer who wishes his order to be delivered to another country can contact the Company using the contact details referred to in Article 2. The Company will then contact him as soon as possible to indicate whether or not the desired delivery is possible and, if it is, according to what terms, particularly in terms of time and cost. The Buyer's order can then be placed and validated by email exchanges.
Delivery of the Products ordered on the Site is made to the address indicated when the Buyer orders as the “delivery address” (which may be different from the billing address), which can only be located in the one of the countries indicated on the Site.
Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before validation of his order of the possible delivery methods for the Product ordered as well as the deadlines and costs corresponding to each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product according to this method.
Delivery is made within the time indicated in the order confirmation email.
In the absence of delivery within the above deadline, the Buyer may cancel the order, by registered letter with acknowledgment of receipt or by writing on another durable medium, if, after having requested the Company, according to the same terms, to 'make delivery within a reasonable additional time, it was not carried out within this time.
The contract is considered terminated upon receipt by the Company of the letter or writing informing it of this resolution, unless it has been executed in the meantime.
In the event of termination of the contract according to the terms above, the Buyer will be reimbursed for the full sums he has paid, including delivery costs, at the latest within 14 (fourteen) days following the date at which the contract will have been terminated.
The Company reserves the right in any case to contact the Buyer in order to offer alternative solutions for reimbursement of the price of the Products and delivery costs. The Buyer must express explicitly and on a durable medium his acceptance of the choice of an alternative reimbursement method.
Right to retract
The Buyer has a period of 14 (fourteen) days, from the date of receipt of the Products ordered, to withdraw without having to justify reasons or pay penalties, with the exception of the return costs which remain his responsibility and which he must pay. When the order concerns several Products delivered separately, the above period starts from receipt of the last Product.
The Buyer who wishes to exercise his right of withdrawal must send the Company to the contact details mentioned in article 2 hereof, before the expiry of the above deadline, the withdrawal form annexed to these general conditions duly completed, or a declaration clearly expressing its desire to withdraw and including its order number.
The Products must be returned to the Company in their original packaging, without undue delay and at the latest within 14 (fourteen) calendar days following communication by the Buyer of their desire to withdraw. They must be accompanied by a copy of the corresponding purchase invoice. The Buyer is deemed responsible in the event of damage to the Products upon their return to the Company.
The Buyer will be reimbursed as soon as possible and at the latest within 14 (fourteen) days from the date of effective receipt by the Company of the request for withdrawal of the entire sums paid for his order, less the where applicable, return costs, which remain the responsibility of the Buyer. The Company, however, reserves the right to defer this reimbursement until the Products are actually recovered.
As an exception, when any products covered by the order have been (i) unsealed by the Buyer after delivery and cannot be returned for reasons of hygiene or health protection (ii) personalized according to the specifications of the customer or clearly personalized, then the Buyer does not have a right of withdrawal.
Consequently, the Buyer expressly waives, in this case, his right of withdrawal, which cannot therefore be exercised, in accordance with articles L.221-28 3° and L.221-28 5° of the Consumer Code .
Legal guarantees
The Buyer benefits from legal guarantees of non-conformity as well as hidden defects in the item sold, including defects in conformity resulting from the packaging of the Products ordered on the Site.
If the Buyer notices that the Product delivered to him has a defect, a lack of conformity or is damaged, he must inform the Company using the contact details mentioned in article 2 hereof, indicating the nature of the defect, of the non-compliance or damage noted and by sending any useful supporting evidence, particularly in the form of photograph(s).
The Company will organize the return arrangements with the carrier of its choice, of which it will inform the Buyer by any useful means. The Company will bear the costs of this return.
The Products must be returned to the Company in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products not complying with the terms described above cannot be taken into account.
The Company will carry out the necessary checks and will offer the Buyer the replacement of the Product wherever possible. If replacement of the Product is impossible, the Company will reimburse the Buyer the entire price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen ) days following the date on which the Company informed him of the impossibility of replacing the Product.
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It is recalled that, when acting as a legal guarantee of conformity, any consumer: It is also recalled that the legal guarantee of conformity applies independently of any commercial guarantee that may be granted. Any consumer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code. |
Obligations of Buyers
Buyers are solely responsible for their use of the Products. It is their responsibility to verify the suitability of the Products to their specific needs prior to purchasing said Products.
They must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary, of which no copy will be provided to them.
Finally, it is up to Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack.
More generally, it is up to Buyers to take all necessary precautions regarding the use of the Products ordered (including stamps, ink, etc.) and to ensure the use of the Products in the presence or under the permanent supervision of an adult.
Company Responsibility
The Company cannot be held responsible for non-execution or delay in the execution of sales contracts due to circumstances external to it or a case of force majeure, it being expressly specified that these are considered cases of force major, in addition to those which are usually retained by the case law of French courts: exceptional bad weather, natural disasters, fires and floods, lightning, attacks, cases of breakdown or blockage of telecommunications networks, means of transport or postal services including due to strikes, damage caused by viruses for which the security means existing on the market do not allow their eradication, as well as any legal or regulatory or public order obligation imposed by the competent authorities and which would have the effect of substantially modifying these general conditions.
Intellectual property
The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, database, etc.) operated by the Company within the Site are protected by all rights intellectual property or database producer rights in force. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the authorization of the Company are strictly prohibited. and may be subject to legal proceedings.
Personal data
The Company practices a personal data protection policy, the characteristics of which are explained in the document entitled “ Charter relating to the protection of personal data ”, of which the Buyer is expressly invited to read.
Advertisement
The Company reserves the right to insert on any page of the Site and in any communication to Buyers any advertising or promotional messages in a form and under conditions of which the Company will be the sole judge.
Third Party Links and Sites
The Company cannot under any circumstances be held responsible for the technical availability of websites or mobile applications operated by third parties (including its possible partners) which the Buyer accesses via the Site.
The Company assumes no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which are governed by their own conditions of use.
The Company is also not responsible for transactions between the Buyer and any advertiser, professional or merchant (including any partners) to whom the Buyer is directed through the Site and cannot under any circumstances be party to any possible disputes whatsoever with these third parties concerning in particular the delivery of products and/or services, the guarantees, declarations and other obligations whatsoever to which these third parties are bound.
Prohibited behavior
Unsubscribe
The Buyer may unsubscribe from the Site at any time, by sending a request to this effect to the Company by email, to the contact details mentioned in article 2.
Unsubscription is effective within a maximum period of 7 (seven) days from this request. It results in the automatic deletion of the Buyer's Account.
Changes
The Company reserves the right to modify these general conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the Buyer's order.
Language
In the event of a translation of these general conditions into one or more languages, the language of interpretation will be French in the event of contradiction or dispute over the meaning of a term or provision.
Mediation
The Buyer has the right to have free recourse to a consumer mediator for the amicable resolution of any dispute relating to the execution of these presents which opposes him to the Company, under the conditions provided for in articles L611-1 et seq. and R152-1 et seq. of the Consumer Code.
To this end, he or she may contact the following consumer mediator:
Consumer Mediation Center for Justice Conciliators (CM2C)
Postal address: 14 rue Saint Jean 75017 Paris
Telephone: 06 09 20 48 86
Applicable law and jurisdiction
These general conditions are governed by French law.
In the event of a dispute over the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Paris will have exclusive jurisdiction to judge the matter, unless mandatory procedural rules to the contrary.
Appendix – Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of: The ADELPHI DUNAMIS Company
Address: 25 rue de Ponthieu – 75008 Paris
Telephone: 06 49 64 51 67
Email: alexandra@mybabydays.fr
I hereby notify you of my withdrawal from the contract relating to the sale of the property below:
Order number :
Ordered on (*) / received on (*)
Name of buyer(s):
Address of buyer(s):
Signature of the buyer(s):
(only if this form is notified on paper)
Date :
(*) Delete what is unnecessary.
Appendix 2: Legal guarantees
Article L. 217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The property complies with the contract:
If it is suitable for the use usually expected of similar goods and, where applicable:
– if it corresponds to the description given by the seller and has the qualities that the seller presented to the Buyer in the form of a sample or model;
– if it presents the qualities that a Buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the Buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-7 Consumer Code
Defects of conformity which appear within twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 217-8 Consumer Code
The Buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied.
Article L. 217-9 Consumer Code
In the event of a lack of conformity, the Buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the Buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the Buyer.
Article L. 217-10 Consumer Code
If repair and replacement of the goods are impossible, the Buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded. The same faculty is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the Buyer's complaint;
2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor. »
Article L.217-11 of the Consumer Code
The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the Buyer. These same provisions do not prevent the award of damages.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L. 217-16 of the Consumer Code
When the Buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period. This period runs from the Buyer's request for intervention or the making available for repair of the good in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Buyer would not have acquired it, or would not would have given a lower price for them, if he had known them.
Article 1643 of the Civil Code
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 of the Civil Code
In the case of articles 1641 and 1643, the Buyer has the choice of returning the item and having the price refunded, or keeping the item and having part of the price refunded.
Article 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.