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), 12 rue de la Ferronnerie 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 : Price.

All prices shown are expressed and managed in Euro and include account of the French VAT applicable on the date of transaction. Shipping charges are fixed with the exception of orders placed outside France, which are calculated according to the weight of the package, and the country of destination. La Montagne Verte Co., Ltd. reserves the right to modify its prices at any time without notice. Selling price retained for purchase of a product is the one seen online at the time or order registration.



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: Payment Conditions.

The payment is made either on PayPal either by check denominated in the order of EL-BADIA or by postal order. This implies(involves) that no banking information concerning you passes in transit via the La Montagne Verte SARL(LIMITED COMPANY) website. The credit card payment is thus perfectly secured; your order will thus be recorded and validated after the acceptance of the payment by the banking institution.

La Montagne Verte SARL(LIMITED COMPANY) reserves the right to refuse to make a delivery or to fulfill an order emanating from a consumer who would not have settled totally or partially a previous order or with whom a dispute of payment would occur.



Article 6: Modalities(methods) and delivery deadlines.

The delivery is made at the address specified by the customer during the order. It will be shipped by post (for parcel from 0 to 30 kg) or by  carrier. She can intervene only once order is validated by the customer and the payment made in its entirety. The possibly concerned banking establishments will thus have given beforehand their trade agreement. In case of refusal of the said center, the order will automatically be cancelled. Besides, the companyLa Montagne Verte SARL(LIMITED COMPANY) reserves the right to refuse any order of a customer with whom a current dispute would exist, or would later have existed. The expenses of delivery are chargeable to the buyer, except promotion or special offer, and are shown in the cart. If the ordered article is available in stock, the shipping deadlines - with SO' COLISSIMO - are about 2 working days for any order before 1:00 pm, and 3 days later. The delivery deadlines will begin only from the date of payment of the order. The shipping and delivery deadlines with KIALA are variable, from 2 to 4 working days on average after dispatching date.

In case of major force or of exceptional events (natural disaster, epidemic, strikes, etc.) delaying or forbidding the delivery of the goods, the company La Montagne Verte SARL(LIMITED COMPANY) is not held responsible.

In every case, the on-time delivery can intervene only if the customer is up to date of his obligations to the company La Montagne Verte SARL(LIMITED COMPANY). By signing the delivery note, the customer accepts products delivered as they are and from then on no complaint relative to sudden damage during the transport will be accepted. It is  the responsibility of the customer to make any checks and to make any reserves upon the arrival of the product and to make where necessary, any complants against the carrier. If at the time of the delivery, the original packing is damaged, torn, opened, you then have to verify the state of articles. If they were damaged, you necessarily have to refuse the parcel and note a reserve on the delivery note (refused parcel because opened or damaged).

At the reception of the goods, the customer immediately has to verify their state and their conformity with regard to the contract. Any complaints relative to a defect of the delivered goods, to an inaccuracy in the quantities or to an erroneous reference with regard to the order confirmed by the company La Montagne Verte SARL(LIMITED COMPANY), must be formulated in the form of registered letter with recorded delivery within four days upon receipt of the goods failing which the right of complaint will not be possible. Any return of goods requires the preliminary agreement of the company La Montagne Verte SARL(LIMITED COMPANY) (Cf Article 10).



Article 7 : Right of withdrawal.

As of the date of delivery of the order , if you are an Individual, you have 7 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 - 12 rue de la Ferronnerie - 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

Headquarters:
12 Rue de la Ferronnerie, 75001 Paris - FRANCE
France
Phone: 01.45.31.29.51