Terms and conditions of use

GENERAL TERMS OF SALE

Bajoah

Updated on November 23, 2023

These general terms of sale (hereinafter referred to as "GTS") apply to any purchase made by any non-commercial individual (hereinafter referred to as "CLIENT") on the website https://bajoah.com (hereinafter referred to as "SITE") edited by E-SHOP WEB, a simplified joint-stock company with a share capital of 1,000 euros, whose registered office is located at 7 RUE DE SONTAY 75116 PARIS 16, registered with the Paris Trade and Companies Register under number 980 998 066, and represented by its president and hosted by OVH.

In this context, the CLIENT and E-SHOP WEB agree that the GTS govern, together with the order, as accepted by E-SHOP WEB, the terms of use of the site , exclusively their relations.

Acquiring a Product on the SITE implies unconditional acceptance by the CLIENT of the GTS, which apply to any purchase delivered within the TERRITORY.

Contact E-SHOP WEB:

Contact details to reach E-SHOP WEB: 7 RUE DE SONTAY 75116 PARIS 16

Email: [email protected]

You can also contact us via the form accessible here: https://www.bajoah.com/fr/nous-contacter

1. Definition

The terms used below have the following meaning in the GTS:

• CLIENT : refers to any non-commercial individual who purchases one or more PRODUCTS via the SITE;
• DELIVERY : refers to the first presentation of the PRODUCTS ordered by the CLIENT to the delivery address indicated during the order;
• PRODUCT(S) : refers to one or more products that can be ordered on the SITE, the PRODUCTS are offered within the limits of available stocks. E-SHOP WEB does its best to ensure that the photographic representation of the PRODUCTS is as faithful as possible to the PRODUCTS themselves. However, given the digital presentation of the PRODUCTS on the Internet, it is possible that the CLIENT's perception of the photographic representation of the PRODUCTS does not exactly correspond to the PRODUCTS themselves, which the CLIENT accepts without reservation;
• TERRITORY : refers to the territory of the countries of the European Union and the United Kingdom;

The CLIENT declares to have full legal capacity to commit under these GTS.

2. Object

The GTS aim to define the rights and obligations of the parties in the context of the online sale of PRODUCTS offered by E-SHOP WEB to the CLIENT.

3. Acceptance of the general terms of sale

The CLIENT undertakes to read the GTS carefully and to accept them, before proceeding with the payment of an order for PRODUCTS placed on the SITE.

The GTS are referenced at the bottom of each page of the SITE via a link and must be consulted and accepted before placing the order. The CLIENT is invited to carefully read, download, and print the GTS and to keep a copy.

E-SHOP WEB advises the CLIENT to read the GTS with each new order, as the latest version of these GTS applies to any new order of PRODUCTS.

By clicking on the first button to place the order and then on the second to confirm this order, the CLIENT acknowledges having read, understood, and accepted the GTS without limitation or condition.

4. Order of PRODUCTS on the SITE

The CLIENT declares to be at least 18 years old and to have the legal capacity or to hold a parental authorization allowing him to place an order on the SITE.

To order PRODUCTS on the SITE, the CLIENT must select the PRODUCTS of his choice by adding them to his cart, the selected PRODUCTS can be modified at any time before the validation of the order.

The CLIENT must provide a valid email address, delivery address, and bank details if paying by credit or debit card. Any exchange with E-SHOP WEB may be made using this email address.

The CLIENT must also choose the delivery method and validate the payment method.

E-SHOP WEB reserves the right to cancel or refuse any order from a CLIENT with whom there is a dispute over the payment of a previous order.

The CLIENT will receive an email confirming the order, this confirmation will include the order details and the delivery address.

The validation of the order by the CLIENT and the order confirmation sent to the CLIENT by email by E-SHOP WEB, after the acceptance of the payment, conclude a sales contract between the parties and acceptance of the GTS.

E-SHOP WEB reserves the right to cancel or refuse any order from a CLIENT with whom there is a dispute over the payment of a previous order.

5. Prices

The prices are indicated on the SITE in the product descriptions, in euros and including all French taxes (French VAT and other applicable taxes). The prices indicated do not include packaging and delivery costs, which will be invoiced in addition, under the conditions indicated on the SITE and calculated before placing the order.

The prices of the suppliers of E-SHOP WEB are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the case of special offers or sales.

The indicated prices are valid, except for gross error. The applicable price is that indicated on the SITE on the date the order is placed by the CLIENT.

6. Terms of payment

This is an order with an obligation to pay, which means that placing the order implies a payment by the CLIENT.

To pay for the order, the CLIENT can choose between different payment methods:

- Payment by credit card:

The payment is made directly on the secure banking servers of the CLIENT's bank.

The bank details communicated by the CLIENT during the payment do not pass through the SITE. The CLIENT must provide their credit card number, the expiry date, as well as the CVC code. The CLIENT guarantees E-SHOP WEB that he has the necessary authorizations to use the card as a method of payment.

The CLIENT's bank account will be debited upon validation of the order by E-SHOP WEB. In the event of non-payment, an incorrect address, or any other problem with the CLIENT's account, E-SHOP WEB reserves the right to block the CLIENT's order until the problem is resolved.

- Payment by PayPal:

The CLIENT can also pay for their order via PayPal. By choosing this method of payment, the CLIENT will be automatically directed to the PayPal platform.

Once the payment is validated, the CLIENT will be able to complete their order on the SITE.

- Payment by bank transfer:

The CLIENT can pay for their order by bank transfer. The order will be processed only after receiving the transfer.

- Payment by check:

The CLIENT can pay for their order by check. The order will be processed only after receiving the check.

7. Proof of the transaction

The computerized registers, kept in the computer systems of E-SHOP WEB under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.

8. Right of withdrawal

According to the terms of article L221-18 of the Consumer Code, the CLIENT has a period of 14 days from the date of receipt of his order to withdraw.

The right of withdrawal can be exercised by contacting E-SHOP WEB in the following manner:

- By sending an email to the customer service team at [email protected]

- By calling the customer service team at +33 1 23 45 67 89

- By using the withdrawal form available on the SITE

The CLIENT will receive a confirmation email once the withdrawal request has been processed.

The CLIENT must return the PRODUCTS in their original packaging and in perfect condition. Any damage to the product may result in a reduction of the refund.

The costs of returning the products are the responsibility of the CLIENT.

The CLIENT will be reimbursed within 14 days of the receipt of the PRODUCTS by E-SHOP WEB. The CLIENT will be reimbursed via the same payment method used for the original transaction, unless otherwise agreed with the CLIENT.

The right of withdrawal does not apply to:

- Products that are perishable or likely to deteriorate rapidly;

- Products that have been personalized or made to the CLIENT's specifications;

- Products that have been unsealed by the CLIENT and cannot be returned for reasons of hygiene or health protection.

9. Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of E-SHOP WEB. No transfer of intellectual property rights is made through these GTS.

Any total or partial reproduction, modification, or use of these assets for any reason is strictly prohibited.

10. Force majeure

The parties will be exonerated from their obligations, in the event that a circumstance beyond their control, constituting a case of force majeure, prevents their execution. The obligations of the parties will be suspended.

The party invoking such a circumstance must notify the other party immediately, upon the occurrence of this event and the disappearance thereof.

Are considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible.

In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are notably considered as cases of force majeure:

- The blocking of means of transport or supplies;

- Earthquakes, fires, storms, floods, lightning;

- The shutdown of telecommunications networks or difficulties specific to telecommunications networks external to the CLIENT.

11. Applicable law

The GTS and the resulting transactions are governed by and subject to French law.

The GTS are written in French. In case they are translated into one or more foreign languages, only the French text will prevail in case of dispute.

In case of dispute, the CLIENT will first contact E-SHOP WEB to find an amicable solution.

In the absence of an amicable agreement, the CLIENT may initiate proceedings before the competent court of his choice, under the conditions of ordinary law.

12. Pre-contractual information - CLIENT acceptance

The CLIENT acknowledges having been informed, prior to placing the order and concluding the contract, in a legible and comprehensible manner, of the GTS and all information and details referred to in Articles L111-1 to L111-7 of the Consumer Code, and in particular:

- The essential characteristics of the PRODUCTS;

- The price of the PRODUCTS and ancillary costs;

- In the absence of immediate execution of the contract, the date or the period within which E-SHOP WEB undertakes to deliver the PRODUCT;

- Information relating to the identity of E-SHOP WEB, its postal, telephone, and electronic contact details, and its activities;

- Information relating to legal and contractual guarantees and their implementation procedures;

- The functionalities of the digital content and, where applicable, its interoperability;

- The possibility of resorting to conventional mediation in the event of a dispute;

- Information relating to the right of withdrawal (existence, conditions, time limit, modalities for exercising this right, and standard withdrawal form), the costs of returning the PRODUCTS, the terms of termination, and other important contractual conditions.

The fact that a natural (or legal) person orders on the SITE implies full adherence and acceptance of these GTS and the obligation to pay for the PRODUCTS ordered, which is expressly recognized by the CLIENT, who renounces, in particular, to take advantage of any contradictory document, which would be unenforceable against E-SHOP WEB.