General terms of sale

Article 1: Introduction.

The present general terms of sale apply in an exclusive way between La Montagne Verte SARL(LIMITED COMPANY), 75 Saint Denis Street 75001 Paris, France, and every person visiting or making a purchase via the www.el-badia.com site, or directly with the company La Montagne Verte SARL(LIMITED COMPANY). La Montagne Verte SARL(LIMITED COMPANY) saves itself to the possibility of adapting or of modifying at any time the present general terms of sale. In case of modification, will be applied to each order the terms and conditions at the date of order. Any order of a product appearing within the online store www.el badia.com website implies prior consultation of these general conditions. The Contractual information is presented in French.

 

Article 2: Products.

La Montagne Verte SARL(LIMITED COMPANY), presents on its site, for all the available products a detailed description allowing the potential buyer to know before the definitive order, the essential characteristics of the products which he wishes to buy. Photos and illustrations are given for informational purposes and can engage on no account the responsibility of La Montagne Verte SARL(LIMITED COMPANY), or even question the validity of a past order or a realized sale.

 

Article 3: Prices. 

For any order in France, all the prices are shown and managed in Euro and include the French VAT applicable on the day of the transaction. For all orders outside France, the prices include the intra-community VAT applicable in the country of destination or are calculated without taxes for shipments outside the European Union. Shipping costs are fixed except for orders placed outside of France, which are calculated based on the weight of the package and the country of destination. La Montagne Verte SARL reserves the right to alter its prices at any time and without prior notice. The sales price that applies when purchasing a product is the price that was displayed online at the time the order was registered on the website.

 

Article 4: Availability.

Our price and product offers are valid as long as they are visible on the site, while stocks last. Upon receipt of your order, we verify the availability of the ordered product. In case of unavailability, we make a commitment in 30 days as from the validation of the order either to deliver you the ordered product, or to propose you a similar product and a similar price, or to pay it off to you by check. The delivery deadlines are given for informational purposes and we shall try hard to respect them at most.

 

Article 5: Terms of payment.

Payment via bank card: Entering your bank card number online is perfectly safe if you pay via a secure payment process, which we offer on our site as we have applied the strictest security measures. Bank card payment is provided by SYSTEMPAY from the NATIXIS group via their secure payment system, known for its online transaction reliability. The transaction between you and SYSTEMPAY is fully encrypted (SSL). The banking information you provide and which is encrypted on your own computer, never circulates in decipherable text online. No one can see this data and therefore use it without your knowledge. As well as being encrypted and therefore unreadable, this information is not stored on our servers (which is why you are asked to provide it again for every separate purchase), which prevents any potential fraud. 

 

You can also pay by Paypal which also enables you to pay for items securely without entering your bank details.

You can also pay for your orders in cash using the YesByCash solution, at the point of sale of your choice. You will be shown these points of sale after selecting this payment option. You will then have 48 hours to pay for your order directly at the nearby point of sale that you have chosen.

 

Article 6: Terms and delivery times.

The order will be delivered to the address the customer gave when placing the order. It will be delivered via courier or a postal service. Delivery will take place only once the order has been validated by the customer and the payment has been made in full. The bank payment centres involved will therefore have given their prior approval for payment. If the bank rejects payment, the order will be automatically cancelled. Furthermore, the company La Montagne Verte SARL reserves the right to reject any order from a customer with whom there is an ongoing dispute, or if a dispute would have occurred subsequently. The buyer pays the delivery fees, except for promotions or special offers, and these are shown in the shopping basket. If the item ordered is available in stock, orders placed and validated before 3 pm are generally processed and shipped the same day by our logistics teams. We always ship orders EXPRESS with a delivery in 24/48 hours (except for weekends and public holidays). The company La Montagne Verte SARL is released from any responsibility in cases of force majeure or exceptional events (natural disasters, epidemics, strikes, etc.) delaying or preventing the delivery of goods. In any case, orders can be delivered within the set timeframes only if the customer is up to date with their obligations towards the company La Montagne Verte SARL. By signing the delivery slip, the customer accepts the products in the state in which they were delivered and consequently cannot make any claim about damage during transport. It is the customer's responsibility to check their products and express any concerns when their order arrives and if need be, lodge any claims with the courier. If at the time of delivery, the original packaging is damaged, torn, or open, you must check the condition of your items. If they have been damaged, you must reject the package and write down your claim on the delivery slip (package rejected because it was opened or damaged). Upon receipt of the goods, the customer must immediately check their condition and that they comply with what had been ordered. All claims about defects in the goods delivered, an inaccuracy in the quantities or the wrong model instead of the item specified in the order confirmed by the company La Montagne Verte SARL, must be sent in writing in the form of a registered letter with acknowledgement of receipt within four days of receiving the goods. Customers who fail to do so no longer have any right to a claim. Any return of goods requires prior agreement from the company La Montagne Verte SARL (See Article 10)

Additional charges may apply for deliveries to areas that are difficult to reach, such as mountainous regions or Corsica.

 

Article 7 : Right of withdrawal.

As of the date of delivery of the order , if you are an Individual, you have 14 days to as for a withdrawal , and be refunded except shipping and return costs of the remaining goods which at the charge of the customer. However the incomplete products , used, worn, damaged , not returned in the undamaged original packaging or dirty are not accepted. Pursuant to Ordinance No. 2001-741 of August 23rd 2001 , the period of withdrawal does not apply to : goods on sale or destocked products.

 

Article 8 : Security, Guarantee.

Pursuant to Article 4 of Decree No. 78-464 of March 24th 1978 provisions hereof may not deprive the consumer of the legal guarantee which obliges the seller to guarantee against all consequences of latent defects of the product sold . The consumer is expressly informed that the company La Montagne Verte SARL is not the manufacturer of the products presented on the website within the meaning of the law n ° 98-389 of  May 19th 1998 on the liability for defective products. Consequently , if damage to a person or property by a defective product occurs, the sole responsibility of the producer thereof may be sought by the consumer.

 

Article 9: Return Procedure.

All return requests ( withdrawal, non-compliance, warranty or Customer Service) must be requested in advance to our Customer Service either by mail or by phone. Failing agreement ,all returned merchandise will be held at the disposal of the client 's costs and risk , cost of transportation, storage, handling being the responsibility of the customer. In all cases , the returned goods is at the expense and risk of the customer.

 

Article 10 : Freedom of Information Act.

All information submitted to the company La Montagne Verte SARL are strictly kept confidential and will never be sold or disclosed to third parties (unless otherwise agreed by the client) other than those directly involved in the execution of the order. According to the Data Protection Act of  January 6th 1978 and recommendations of the National Computering and Liberty Commission. (NCLC) , any user is allowed to access the data concerning him and ask for modification or deletion. All Applications must be made by mail order La Montagne Verte SARL - ), 75 Saint Denis Street 75001 Paris, France, indicating your name, email , address and if possible your customer reference. The information and data about you is necessary to process your order and our trade relations.

 

Article 11 : Responsibilities.

The proposed products are conform to French law. It is up to the buyer to check the laws of the country where the products are delivered. La Montagne Verte., Ltd. shall not be held responsible for damages of any kind as material , immaterial or body, which may result from a malfunction, a misuse of products ordered, or incompatibility . Finally, La Montagne Verte Ltd can not be held responsible for the inexecution of the contract on the occasion of major force, disruption or total or partial strike , including Postal services and transport and / or communications, flood , fire . Regarding products purchased to meet professional needs, La Montagne Verte SARL will not incur any liability for all damages because of this loss of business, loss of profits, damage or expense that might
occur.

 

Article 12: Retention of title.

The company La Montagne Verte Ltd., as seller, retains  full ownership of the goods until actual payment of the full price in principal and accessory.

 

Article 13: Jurisdiction.

These general conditions of sale are subject to French Law. In case of dispute, the customer and the seller have the option, before any legal action to seek a friendly solution. If failing this solution, the Paris Commerce Court is the only one to be competent, no matter delivery and payment methods.

 

Article 14: Legal Information.

Sign - EL Badia
LA MONTAGNE VERTE S.A.R.L.
Capital of 7622,45 Euros

RCS Paris B 381 257 013

Headquarters:
75 saint denis street 75001 Paris  - FRANCE
France
Phone: 01.45.31.29.51