General Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
Article 1 – LEGAL NOTICE
The present website, accessible at the URL www.basedbodyworks-au.com (the “Website”), is published by: Based AU
Website: www.basedbodyworks-au.com
(Hereinafter referred to as the “Operator”).
The Operator can be contacted at the following email address support@basedbodyworks-au.com
Article 2 – GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS
The general terms and conditions of sale (the “General Terms and Conditions of Sale ”, or the “GTC”) apply exclusively to online sales of products offered by the Operator on the Website.
The GTC are made available to customers on the Website, where they can be consulted directly, and may also be communicated upon simple request by any means.
The GTC are enforceable against the customer, who acknowledges, by ticking a box or clicking on the button provided for this purpose, that they have read and accepted them before placing an order. Validation of the order by its confirmation constitutes the buyer’s adherence to the GTC in force on the day of the order, the storage and reproduction of which are ensured by the Operator.
Article 3 – DESCRIPTION OF PRODUCTS
The Website is an online sales site for diapers (hereinafter the “Product(s)”) open to any natural or legal person using the Website (the “Customer”).
Each Product presented on the Website is the subject of a description (prepared by the supplier or accessible on the manufacturer’s website via a link provided on the Website) stating its essential characteristics. Any photographs illustrating the products, where applicable, do not constitute a contractual document. Where essential, the Product’s user manual appears on the Website or is sent at the latest upon delivery. The Products comply with the provisions of French law in force.
The Customer remains responsible for the conditions and consequences of accessing the Website, particularly via the Internet. Such access may involve fees payable to technical providers, such as Internet service providers, which remain at the Customer’s expense. Furthermore, the Customer must provide and be fully responsible for the equipment required to connect to the Website.
The Customer acknowledges having verified that the computer configuration used is secure and in working order.
Article 4 – ORDERS
The Operator endeavours to ensure optimal availability of its Products. Product offers are valid while stocks last.
If, despite the Operator’s best efforts, a Product proves to be unavailable after the Customer’s order has been placed, the Operator will inform the Customer by email as soon as possible, and the Customer will have the choice between:
- delivery of a Product of equivalent quality and price to the Product initially ordered, or
- a refund of the price of the ordered Product, at the latest within thirty (30) days of payment of the amounts already paid.
It is agreed that, apart from the refund of the price of the unavailable Product, where this option is requested by the Customer, the Operator shall not be liable for any cancellation compensation, except where non-performance of the contract is personally attributable to the Operator.
Unless otherwise stated in these General Terms and Conditions and without prejudice to the statutory right of withdrawal, the Customer’s orders are firm and final.
When placing an order, the Customer must select the chosen Products, add them to their cart by indicating the selected Products and the desired quantities. The Customer may review the details of their order and its total price, and return to the previous pages to correct the contents of the cart, before validating it.
The Customer undertakes to read the General Terms and Conditions of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees prior to payment of the order. Order confirmation entails acceptance of the GTC and forms the contract.
A copy of these General Terms and Conditions as accepted by the Customer will be sent to the Customer by email at the time of order confirmation so that they may refer to it.
Contractual information relating to the order (including the order number) will be confirmed by email in due time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and/or save this order confirmation on a reliable and durable medium as proof. A digital invoice is made available to the Customer in the “my account” area. The Operator also advises the Customer to print and/or save this invoice on a reliable and durable medium as proof.
Any email sent to the Customer in connection with an order will be sent to the email address used by the Customer to log in to their customer area.
The Operator reserves the right not to validate the Customer’s order for any legitimate reason, in particular in the following cases:
- The Customer does not comply with the General Terms and Conditions in force at the time of the order;
- The Customer’s order history shows outstanding amounts due in respect of previous orders;
- One of the Customer’s previous orders is the subject of an ongoing dispute;
- The Customer has not responded to a request for order confirmation sent by the Operator.
The Operator archives Product sales contracts in accordance with applicable legislation. Upon request sent to the following address support@basedbodyworks-au.com , the Operator will provide the Customer with a copy of the contract concerned.
Any modification of an order by the Customer after confirmation is subject to the Operator’s approval.
The information provided by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Consequently, the Operator cannot be held liable in the event that an error when placing the order prevents or delays delivery.
The Customer declares that they have full legal capacity to be bound by these General Terms and Conditions.
Registration is open to adults with legal capacity and to minors, provided that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration permitted on behalf of third parties, unless duly authorised to represent them (for example, a legal entity). Registration is strictly personal to each Customer.
In the event of a breach by the Customer of any of the provisions hereof, the Operator reserves the right to terminate the Customer’s account without notice.
Article 5 – PAYMENT TERMS AND SECURITY
The Customer expressly acknowledges that any order placed on the Website is an order with a payment obligation, which requires payment of a price in return for the supply of the ordered Product.
In any event, the Operator reserves the right to verify the validity of the payment, prior to dispatching the order, by any necessary means.
The Operator uses the online payment solution Stripe.
Orders may be paid using one of the following payment methods:
- Payment by bank card. Payment is made directly on the secure banking servers of the Operator’s bank; the Customer’s bank details do not transit through the Website. The bank details communicated at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties.
The Customer’s order is recorded and validated once payment has been accepted by the bank.
The Customer’s account will be debited for the corresponding amount only when (i) the data of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.
Inability to debit the amounts due will result in immediate cancellation of the sale.
The bank card may be refused, in particular if it has expired, if it has reached the maximum authorised spending limit, or if the information entered is incorrect.
- Payment by electronic wallet (such as PayPal). The Customer already holds an account with the electronic wallet used by the Operator. The Customer may use this account and pay for their order securely without disclosing their bank details.
Where applicable, the order validated by the Customer will be considered effective only when the secure banking payment centre has given its approval for the transaction.
As part of verification procedures, the Operator may request any documents required from the Customer to finalise the order. Such documents will not be used for purposes other than these.
Article 6 – PAYMENT OF PRICE
The price of the Products in force at the time of the order is indicated in euros, all taxes included (VAT included), excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the promotional period.
The price is payable in euros (€) only. The price is due in full after confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.
If delivery or transport fees apply, they will be added to the price of the Products and indicated separately before the Customer validates the order. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 7 – FORMATION OF CONTRACT
The contract between the Operator and the Customer is formed when the Customer sends confirmation of their order.
The Customer’s attention is particularly drawn to the method of acceptance of the order placed on the Website. When the Customer places an order, they must confirm it using the “double-click” technique, meaning that after selecting Products added to the cart, the Customer must check and, where appropriate, correct the contents of the cart (identification, quantity of selected products, price, delivery terms and fees) before validating it by clicking on “I confirm my delivery”, then acknowledging that they accept these GTC before clicking on the “I pay” button, and finally validating the order after entering their bank details. The “double-click” constitutes an electronic signature equivalent to a handwritten signature. It constitutes irrevocable and unconditional acceptance of the order by the Customer.
Archiving of communications, purchase orders and invoices is carried out by the Operator on a reliable and durable medium so as to constitute a faithful and durable copy. Such communications, purchase orders and invoices may be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitute proof of all transactions between the Operator and its Customers.
The order may be terminated by the Customer by registered letter with acknowledgement of receipt or by written notice on another durable medium in the event of:
- delivery of a Product that does not conform to the declared characteristics of the Product;
- delivery exceeding the deadline indicated on the purchase order or, failing such a date, more than thirty (30) days after conclusion of the contract, after the Operator has been formally requested, under the same conditions and without result, to make delivery within an additional reasonable period;
- a price increase that is not justified by a technical modification of the product imposed by public authorities.
In all such cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be terminated by the Operator in the event of:
- the buyer’s refusal to take delivery;
- non-payment of the price (or balance of the price) at the time of delivery.
Article 8 – SHIPPING AND DELIVERY
The online sales offers presented on the Website are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries within these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
Shipping costs are those specified at the time of finalising the order and are accepted upon validation of the order.
The Operator undertakes, in accordance with the delivery deadline indicated on the Website for each Product, to deliver the Products within a maximum of thirty (30) days after receipt of the order.
Delivery times are stated in business days on the Website at the time of the order. These times include preparation and dispatch of the order as well as the period indicated by the carrier.
The Operator undertakes to dispatch the Products in accordance with the times indicated on each Product page and in the cart, provided that payment for the order has not previously been refused.
However, if one or more Products cannot be delivered within the initially indicated period, the Operator will send an email to the Customer indicating the new delivery date.
The Products will be delivered to the address indicated by the Customer when placing the order. It is therefore the Customer’s responsibility to ensure that this address contains no errors. The Operator cannot be held liable if the address communicated by the Customer is incorrect, thereby preventing or delaying delivery.
On delivery, a delivery note may need to be signed.
No delivery will be made to a post office box.
On delivery, it is the Customer’s responsibility to check that the Products delivered conform to their order and that the parcel is sealed and undamaged. If this is not the case, the Customer must state this on the delivery slip. No claim regarding the quantity or condition of the Product will be accepted if it has not been noted on the delivery slip.
Article 9 – RIGHT OF WITHDRAWAL
If a delivered Product does not provide complete satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days from the date of receipt of the order to do so.
In accordance with Article L.221-21 of the French Consumer Code and in order to exercise this right of withdrawal under the conditions of Articles L. 221-18 et seq. of the French Consumer Code, the Customer is invited to complete the standard withdrawal form by clicking on the link below
The Operator will send an acknowledgement of receipt of the Customer’s withdrawal request by email.
Where applicable, the Customer may exercise their right of withdrawal by notifying the Operator of the following information:
- name, geographical address, telephone number and email address;
- a clear statement of the decision to withdraw (for example, a letter sent by post, fax or email, where such contact details are available and therefore appear on the standard withdrawal form). The Customer may use the standard withdrawal form, but this is not mandatory.
WITHDRAWAL FORM
To the attention of the Company mentioned in the header hereof (reproduce address) by email to support@basedbodyworks-au.com :
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the provision of the service (*) described below:
Ordered on (*) :
Name(s) of consumer(s):
Address of consumer(s):
Signature of consumer(s) (if this form is notified on paper):
Date:
(*) Delete as appropriate.
Return costs are borne by the Customer, unless the item cannot normally be returned by post, in which case the Operator will collect the Product at its own expense.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused and with all its possible accessories.
In addition to the returned Product, the return parcel must also contain a letter specifying the Customer’s exact and complete contact details (name, first name, address), the order number, and the original purchase invoice.
The Operator will reimburse the Customer for the amount of the Product within fourteen (14) days from receipt of the Product and all information required to enable reimbursement of the Customer. This reimbursement may be made using the same means of payment as that used by the Customer. In this respect, the Customer who paid for their order using credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the Operator’s discretion.
By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges having been informed of the withdrawal procedures.
ARTICLE 10 – LIABILITY AND WARRANTY
The Operator cannot be held liable for non-performance of the contract due to the Customer or due to an event of force majeure as recognised by the competent courts, or due to the unforeseeable and unavoidable act of any third party hereto.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Website and its services will operate without interruption or error. In particular, operation may be temporarily interrupted for maintenance, updates, technical improvements, or to change content and/or presentation.
The Operator cannot be held liable for use of the Website and its services by Customers in breach of these General Terms and Conditions and for any direct or indirect damage such use may cause to a Customer or a third party. In particular, the Operator cannot be held liable for false statements made by a Customer or for their behaviour towards third parties. Should the Operator’s liability be sought due to such behaviour by one of its Customers, the latter undertakes to indemnify the Operator against any judgment pronounced against it and to reimburse the Operator for all costs, including lawyers’ fees, incurred in its defence.
Independently of any additional contractual guarantee (commercial warranty) that may be granted, the Products benefit from the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and from the warranty against hidden defects provided for in Articles 1641 to 1649 of the French Civil Code.
When you act under the legal warranty of conformity:
- you have a period of two (2) years from delivery of the goods to act;
- you may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code;
- you are exempt from proving the existence of a lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).
You may decide to invoke the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the French Civil Code. In this case, you may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.
ARTICLE 11 – AFTER-SALES SERVICE
After-sales services provided by the Operator and not covered by the commercial warranty are subject to a contract, a copy of which is given to the Customer.
Claims made under the warranties must be addressed to the after-sales service at the following contact details:
- email address: support@basedbodyworks-au.com
Products covered by the warranties must be returned new, complete and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.
The Customer will be reimbursed for return postage costs at the latest within thirty (30) days following receipt of the product by the Operator.
ARTICLE 12 – GENERAL PROVISIONS
ENTIRE AGREEMENT BETWEEN THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute all the rights and obligations of the Company and the Operator with respect to their subject matter. If one or more provisions of these General Terms and Conditions are declared null and void pursuant to a law, regulation or final decision of a competent court, the remaining provisions will retain their full force and scope. Furthermore, the fact that one of the parties does not invoke a breach by the other party of any of the provisions of these General Terms and Conditions shall not be construed as a waiver of the right to invoke such a breach in the future.
CHANGES TO THE TERMS
The Operator reserves the right to modify at any time and without notice the content of the Website or the services available on it, and/or to cease permanently or temporarily operating all or part of the Website.
Furthermore, the Operator reserves the right to modify at any time and without notice the location of the Website on the Internet, as well as these General Terms and Conditions. The Customer is therefore required to refer to these General Terms and Conditions before any use of the Website.
The Customer acknowledges that the Operator cannot be held liable in any way towards them or any third party as a result of these modifications, suspensions or cessations.
The Operator advises the Customer to save and/or print these General Terms and Conditions for safe and durable storage, so that they may be invoked at any time during performance of the contract if necessary.
COMPLAINTS – MEDIATION
In the event of a dispute, the Customer shall first contact the Company to seek an amicable solution. In the event of difficulties in the application of this contract, the consumer Customer also has the option, before any legal action, of seeking consumer mediation, which you can identify on the website https://www.economie.gouv.fr/mediation-conso.
The mediator will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of mediation, to accept or refuse the solution proposed by the mediator.
In this context, any European consumer may also refer the matter to the Online Dispute Resolution (ODR) Platform available at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfmevent=main.home.chooseLanguage
It is reminded that the search for an amicable solution does not interrupt the “short period” of the legal warranty, nor the duration of any contractual warranty. It is also reminded that, in general and subject to the courts’ assessment, compliance with the provisions of this contract relating to warranties presupposes that the Customer fulfils their financial obligations to the seller.
APPLICABLE LAW
These General Terms and Conditions are governed by, interpreted and applied in accordance with French law.
ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER
The Customer acknowledges having read these General Terms and Conditions carefully.
By registering on the Website, the Customer confirms having read and accepted the General Terms and Conditions, thereby being contractually bound by their terms.
The General Terms and Conditions applicable to the Customer are those available on the date of the order, a dated copy of which may be provided to the Customer upon request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator shall not apply to any order placed prior to such modification, unless expressly agreed by the Customer who placed the order.
By accepting SMS marketing from BASED at checkout and initiating a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including checkout reminders), SMS marketing offers and transactional text messages, including review requests from us, even if your mobile number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link provided in any of our messages. You understand and agree that alternative methods of opting out, such as using different words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless service provider. Message and data rates may apply. For any questions, please text HELP to the number that sent you the messages. You may also contact us at support@basedbodyworks-au.com for more information. We reserve the right to change any telephone number or short code we use to operate the service at any time. You will be notified of such occurrences. You agree that any messages you send to a telephone number or short code that we have changed, including any STOP or HELP requests, may not be received, and we will not be held responsible for handling requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for any failure, delay or misdirection in the transmission of any information sent via the service, for any errors in such information and/or for any action you may or may not take in reliance on the information or the service. Your right to privacy is important to us. You can consult our privacy policy at: https://www.basedbodyworks-au.com/pages/politique-de-confidentialite to determine how we collect and use your personal information.