LEGAL NOTICES
La Montagne Verte, under its commercial name EL BADIA, is a limited liability company (SARL) with capital of €7,622.45, whose registered office is located at 75 rue Saint-Denis, 75001 Paris.
Registered with the RCS of Nanterre under number 381 257 013
Intracommunity VAT number FR13381257013
Telephone number: 0 805 011 997
E-mail address: contact@el-badia.com
Director of publication: Mr Badri HELOU
Host : 772424 (France) : https://www.772424.com/fr/
Article 1: PURPOSE AND SCOPE
These general terms and conditions of sale (hereinafter, the "GTCS") constitute a distance selling contract, defining the rights and obligations of the company La Montagne Verte, under its trading name EL BADIA (hereinafter, "EL BADIA") and of the customer (hereinafter, the "Customer") in the context of the sale of products (hereinafter, the "Products") referenced on the website https://www.el-badia.com/fr/ (hereinafter, the "Site").
For the purposes of these GTC, EL BADIA and the Customer are referred to individually as the "Party" and collectively as the "Parties".
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions of sale of products between EL BADIA and any Customer making a purchase via the Site as a consumer within the meaning of the preliminary article of the French Consumer Code, i.e. natural persons acting for purposes that do not fall within the scope of a commercial, industrial, craft, liberal or agricultural activity.
The Site is not intended for the sale of Products to professionals.
Orders for Products placed by Customers on the Site are governed exclusively by these GCS, to the exclusion of all other documents issued by EL BADIA. Any order therefore implies acceptance of these GCS.
EL BADIA may modify the GTC at any time, in which case the modifications will apply to all orders placed after the modification.
The invalidity of any clause in the GTCS shall not affect the validity of the GTCS as a whole.
The fact that one of the Parties does not avail itself of one of the GCS at a given time may not be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date.
In accordance with the provisions of article L. 3513-5 of the French Public Health Code, EL BADIA undertakes not to sell electronic vaping devices allowing the consumption of vapour containing nicotine, where applicable, or the refill bottles associated with them, or products containing nicotine, to minors under the age of eighteen (18).
Article 2: PRODUCTS
2.1 Product characteristics
EL BADIA sells the Products presented and whose characteristics are described on its Site with the greatest possible precision so that all Customers are able to know the essential characteristics of the Products they wish to purchase, in particular by means of technical descriptions and photographs illustrating the Products. By placing an order, the Customer declares that he/she has read the EL BADIA Products and their characteristics and is solely responsible for the choice and use of the Products.
EL BADIA makes every effort to ensure that the photographs, illustrations and texts appearing on the Site are presented as accurately as possible and with the best possible information for the Customer. However, differences between the Products and their photographs on the Site may potentially exist (colours, shades, etc.), in particular depending on the resolution and colour definition of the Customer's screen. Consequently, the Products are presented with the usual and customary tolerances in this respect. EL BADIA may not be held liable for any differences that do not affect the essential characteristics of the Product.
It is specified that the entire content of the Site (illustrations, texts, wordings, trademarks, images, videos, etc.) is the exclusive property of EL BADIA. Any reproduction, in whole or in part, of the Site is prohibited without the express authorisation of EL BADIA.
The Products offered for sale on the Site comply with current French and European regulations. EL BADIA may not be held liable in the event of failure to comply with the legislation of the country to which a Product is delivered. It is the Customer's responsibility to check with the local authorities of the country in which the Products are to be delivered to ascertain the possibility of importing and/or using the Products he/she intends to order.
2.2 Precautions for use
The Products offered for sale on the Site should be used with care by the Customer.
In the case of equipment (electronic cigarettes and accessories), the Customer is required to read the instructions supplied with the product before using it.
In the case of e-liquids, all the safety data sheets for these e-liquids are available to the Customer. In the event that a safety data sheet is not available, the Customer may request one from EL BADIA via the Customer Service contact form at the following address: https://el-badia.com/fr/contactez-nous.
The Customer is solely responsible for the use of the Products. The Customer is responsible for maintaining the Product in good condition and for using it in accordance with its intended purpose, in particular by complying with the instructions provided by EL BADIA or the suppliers of the Products as well as the specific precautions for use. In this respect, EL BADIA may not be held liable for damage of any kind, whether material or immaterial, physical or otherwise, resulting from use of the Products that does not comply with their instructions for use or their safety data sheet.
2.3 Product availability
The Products for sale on the Site are new products. They are offered for sale while stocks last, as indicated on each product sheet.
In the event that one of the Products ordered is not available after the Customer's order has been validated, EL BADIA undertakes to contact the Customer by e-mail as soon as possible in order to propose a new delivery date. In this situation, the Customer may cancel the order. EL BADIA will then reimburse the Customer no later than thirty (30) days following the date of the order. The reimbursement will be made via the same method of payment used by the Customer at the time of ordering.
However, if the order contains other available Products, the cancellation of the order for the Product and the reimbursement of this Product will not affect the rest of the order, which will remain firm and definitive. The other Products in the order will be delivered to the Customer and the delivery costs will not be refunded.
Article 3: PRICES AND PAYMENT TERMS
3.1 Prices
The prices of the Products listed on the Site are given in euros, inclusive of all taxes and excluding delivery costs.
The amount of the delivery charge is indicated before the order is registered, at the order validation stage, and is invoiced separately.
Delivery costs are indicated on the following page: https://www.el-badia.com/fr/content/1-livraison. They are determined according to the transport method, the value of the order and the destination.
Prices include value added tax (VAT) at the rate in force on the day the order is placed. Any change in the VAT rate will automatically be reflected in the price by EL BADIA on its Site.
EL BADIA reserves the right to modify the price of the Products offered on its site at any time. However, no modification subsequent to the placing of an order may be applied. The price applicable to the Products ordered is that shown on the Site on the day the order is placed, as indicated on the order confirmation.
In the event of an order to a country other than mainland France, the Customer shall be deemed to be the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated exclusive of tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of EL BADIA. They shall be borne by the Customer and are the Customer's sole responsibility, both in terms of declarations and payments to the competent authorities and/or organisations in the country concerned.
3.2 Terms of payment
The Customer has the option of paying either in cash on the day the order is placed, or in three (3) instalments free of charge.
- • Cash payment
Payment can be made either :
- - by credit card via Alma, Payplug or Prestashop Checkout by PayPal; or
- - by PayPal.
For these methods of payment, the amount of the order will be debited when the order is confirmed.
As part of the fight against Internet fraud, information relating to the Customer's order may be transmitted to any third party authorised by law or designated by EL BADIA for the sole purpose of verifying the Customer's identity, the validity of the order, the method of payment used and the delivery envisaged, within the limits of the Customer's rights with regard to the processing of his personal data as set out in the "Confidentiality Policy" section of the Site.
- • Payment in three (3) instalments free of charge
For orders of a minimum total amount of €150 in the case of payment by Alma, and with no minimum payment for PayPal, the Customer may select the "Payment in three instalments without charge" option. This payment method allows the Customer to pay for their purchase in three (3) instalments at no extra cost. In any event, full payment must be made within a maximum of sixty (60) days from validation of the order. For more information about this payment method, the Customer is invited to consult the following page: https://www.el-badia.com/fr/content/1-livraison
The Products delivered remain the property of EL BADIA until full payment of all sums due under the order by the Customer, i.e. the price and delivery costs of the Products, as well as any applicable taxes. The risks are transferred to the Customer upon receipt of the products. Also, in the event of non-payment of a due date, without losing any other of its rights, EL BADIA may implement its retention of title on the product(s) concerned by demanding, by registered letter with acknowledgement of receipt, the return of the products at the Customer's expense and risk.
Once payment has been validated, the Customer will receive confirmation of their order by e-mail to the address indicated, together with the relevant invoice.
Article 4: ORDERS
The Customer undertakes to provide EL BADIA with all information necessary for the proper execution of orders. In this respect, the Customer remains responsible for the content and accuracy of the information that he/she transmits to EL BADIA, in particular that relating to his/her delivery information and his/her majority.
4.1 Placing an order
When the Customer registers an order on the EL BADIA Site, he acknowledges :
- - You must have read and accepted these General Terms and Conditions before placing your order;
- - Have full legal capacity to enter into the proposed sales contract; and
- - Have made their purchase decision with full knowledge of the facts and have accepted without reservation the prices and quantities of the products on sale and ordered.
The Customer can only place orders with EL BADIA through his customer account opened on the Site, to which he can only have access after having identified himself by providing his access information, which is strictly personal and confidential.
In order to place an order, the Customer must follow the steps indicated on the Site. An order confirmation will then be sent to the Customer by e-mail.
As this is a distance selling contract, it is concluded, and the order definitive, from the moment the Customer confirms his/her order by pressing the "Pay my order" button after having chosen his/her delivery and payment method.
However, the Customer may cancel the order if it has not yet been prepared by EL BADIA by contacting Customer Services using the contact form available at the following address: https://el-badia.com/fr/contactez-nous. In the event of a cancellation confirmed by Customer Service, the Customer will be reimbursed for the total amount of the products (including discounts) within thirty (30) days from the date of confirmation of the cancellation by Customer Service, using the same means of payment as that used by the Customer to place the order.
Once the order has been validated, the Customer may receive by e-mail a summary of his/her order, together with the form for exercising his/her right of withdrawal (which is also shown in Appendix 1 of these GTS). This document must be kept by the Customer as it constitutes proof of the Customer's order.
4.2 Order cancellation
It is reminded that purchases made on the Site are reserved for a clientele of non-professional individual consumers for their own use (or for gift purposes within the family circle), which is why EL BADIA only sells its products in quantities corresponding to the usual average needs of a household. Therefore, in accordance with article L.121-11 of the French Consumer Code, EL BADIA reserves the right to refuse or cancel, for legitimate reasons, any order for which the number of products or the amount to be paid (for a single order or for several orders combined) does not correspond to the usual average use of a household, any order which suggests that an economic activity is being carried out by the Customer in relation to the products ordered or, more generally, any abnormal order.
Finally, EL BADIA reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site, including on the occasion of previous orders.
Orders placed on the Site are automatically cancelled if payment is not received within fifteen (15) clear days from the date of the order.
Article 5: DELIVERY - RECEPTION - USE OF PRODUCTS
5.1 Terms of delivery
Deliveries are made to mainland France, French overseas departments and territories and the countries listed on the following page: https://www.el-badia.com/fr/content/1-livraison
The Customer must choose a delivery method from among those proposed by EL BADIA, in order to receive his/her order. The Customer may choose between :
- - Delivery to the delivery address provided by the Customer when ordering on the Site; or
- - Delivery to the relay point selected by the Customer when ordering on the Site.
For information on financial and practical terms of delivery, in particular those relating to carriers, the Customer is invited to consult the following page: https://www.el-badia.com/fr/content/1-livraison
5.1.1. Delivery to the address provided by the Customer
If the Customer selects this method of delivery, the products ordered will be delivered to the address provided on the Site when the order is placed.
EL BADIA shall in no event be held liable for any delay and/or non-delivery due to a false or erroneous address, or an address to which delivery proves impossible.
Delivery is deemed to have been made by EL BADIA when the products ordered are handed over to the Customer by the carrier, with the transfer of risks taking place at that time.
Transport will be carried out by an independent transport company. The Customer undertakes to sign the delivery note for the products.
If the Customer is absent at the time of delivery, he/she has a period of fifteen (15) working days from the date of the delivery notice to collect his/her order from the carrier or agent of his/her choice.
In the event of an erroneous or incomplete delivery address, or in the event that the Customer has not collected the order from the carrier or custodian within the aforementioned period of fifteen (15) days, the order will be returned to EL BADIA at the Customer's expense.
5.1.2. Delivery to a relay point
The products ordered by the Customer will be delivered to the relay point selected by the Customer. It is the Customer's responsibility to collect their order.
The Customer will be informed of the delivery of the products by e-mail and of the period during which they must collect their order. In order to collect their order, Customers must show proof of identity.
Upon collection of the order by the Customer, evidenced by the signature of the delivery note, the risks of the products are immediately transferred to the Customer.
If the Customer does not collect the products made available to him at the relay point within the time limit set, the parcel will be returned to EL BADIA. In this case, the Customer will be informed of the modalities for a new delivery; the costs of this will be charged to the Customer.
5.2 Delivery times
Deliveries are made within the times indicated on the Site according to the delivery method chosen by the Customer. Delivery times begin to run from the time the order dispatch confirmation e-mail is sent. Delivery times are indicated as precisely as possible and depend, in particular, on the availability of the products ordered and the carrier. Delivery times are given in working days (excluding Saturdays, Sundays and public holidays).
In the event of a foreseeable delay in delivery, EL BADIA will inform the Customer as soon as possible by e-mail and will provide an estimate of the additional delivery time. The Customer is informed of the delivery times at the following address: https://www.el-badia.com/fr/content/1-livraison
In any event, EL BADIA undertakes to deliver to the consumer Customer within a maximum period of thirty (30) days from the conclusion of the online sales contract on the Site. If this deadline is exceeded, and except in the case of force majeure as defined in article 7.3 hereof, the Customer may terminate the online sales contract concluded with EL BADIA, by sending a termination e-mail to the attention of EL BADIA's Customer Service Department, if, after having requested EL BADIA to make the delivery, the latter has not done so within the deadline. The contract will be considered terminated upon receipt by EL BADIA of the e-mail from the Customer informing it of this termination, unless EL BADIA has performed in the meantime.
When the contract is terminated under the conditions indicated above, EL BADIA will be obliged to reimburse the Customer for all sums paid, including delivery costs, no later than fifteen (15) days following the date on which the contract was terminated.
5.3 Acceptance
Upon receipt of the order, it is the Customer's responsibility to check the condition of the packaging and the products, as well as the number of products. This check is considered to have been carried out once the Customer has signed the delivery note (or any other equivalent document).
In the event of deterioration of the product during transport or any dispute, to make clear and precise reservations on the carrier's delivery note. The Customer must confirm these reservations within three (3) days of receiving the order. In accordance with article L. 224-65 of the French Consumer Code, when the Customer personally takes delivery of the products transported and when the carrier does not provide evidence that it gave the Customer the opportunity to effectively check that the products were in good condition, the aforementioned period is extended to ten (10) days.
Without prejudice to the measures to be taken with regard to the carrier, complaints about apparent defects or the non-conformity of the products delivered must be made to EL BADIA by e-mail, as soon as possible after the date of delivery of the order. It is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies observed, in particular by sending EL BADIA a photocopy of the letter of reservation sent to the carrier and/or a photocopy of the delivery slip mentioning the reservations.
Any claim made late could potentially prevent the claim from being taken into account. It is expressly agreed that statements such as "subject to unpacking inspection" do not constitute a reservation within the meaning of this article.
In the case of delivery to a relay point, if the Customer notices that the packaging of the parcel is damaged when collecting his/her order, he/she must indicate to the relay point that he/she is refusing the parcel, which will then be returned to the sender.
In any event, EL BADIA cannot be held responsible for any delay or failure to deliver due to force majeure or the Customer's fault.
Article 6: LEGAL GUARANTEES
6.1 General provisions
EL BADIA is liable for defects in conformity of the goods with the online sales contract concluded with the Customer under the conditions provided for in Articles L. 217-4 et seq. of the French Consumer Code, as well as for hidden defects in the goods sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.
The Customer may make a claim under the legal guarantee of conformity or the guarantee of defects in the goods sold by sending a complaint to EL BADIA at the postal address or e-mail address mentioned at the top of these Terms and Conditions ("Legal Notices").
6.1.1. Legal warranty of conformity
(i) General information
If the Customer wishes to avail himself of the legal guarantee of conformity, he must :
- - Has a period of two (2) years from the date of delivery of the goods in which to take action;
- - May choose between repairing or replacing the good(s), subject to the cost conditions set out in Article L. 217-9 of the French Consumer Code, or, failing that, reducing the price or rescinding the sales contract; and
- - Does not have to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
Any goods repaired under the legal guarantee of conformity benefit from an extension of this guarantee of six (6) months.
The legal guarantee of conformity applies independently of any applicable commercial guarantee.
(ii) Details
Under the legal guarantee of conformity referred to in (i) above, EL BADIA is obliged, on the one hand, to deliver products that comply with the stipulations of the contract concluded with the Customer and, on the other hand, is liable for any defects in conformity that exist when the products are delivered to the Customer, for a period of twenty-four (24) months.
However, in view of the fact that certain products marketed by EL BADIA, in particular batteries, have a limited lifespan depending essentially on the conditions of use of the products by the Customer (e.g. frequency of use, shocks, maintenance, etc.), the lifespan of certain products marketed by EL BADIA is less than the twenty-four (24) month duration of the legal guarantee of conformity. This is particularly the case for :
- • Refills (e-liquids, e-cigarettes, puffs): these have a best-before date (BBD) indicated on the product;
- • Resistors and cartridges with integrated resistors: their useful life may not exceed three (3) weeks, under normal use and in accordance with the precautions for use indicated on the product;
- • Accumulators and batteries integrated into electronic cigarettes: their autonomy will be affected after three hundred (300) complete charging cycles, under normal use and in accordance with the precautions for use; and
- • Disposable electronic cigarettes ("puffs"): their period of use is limited in terms of puffs and is indicated on the product as well as on the product description on the Site.
For the products referred to above, the presumption of the existence, at the time of delivery of the products, of defects in conformity appearing within twenty-four (24) months of delivery, is therefore incompatible with the specific nature of these products. Therefore, in accordance with Article L. 217-7 of the French Consumer Code, EL BADIA may reverse this presumption.
6.1.2. Warranty for hidden defects
The Customer may invoke the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the Customer may choose between rescinding the sale or reducing the sale price, in accordance with article 1644 of the Civil Code.
The provisions of articles L. 217-4, L. 217-5, L. 217-7, L. 217-8, L. 217-9, L. 217-11, L. 217-12 and L. 217-13 of the French Consumer Code (new) as well as articles 1641, 1644 and the first paragraph of article 1648 of the French Civil Code are reproduced in article 12 of these GCS.
6.2 Warranty exclusions
The legal warranties referred to in this article do not apply to :
- - Products modified, repaired, integrated or added by the Customer.
- - Products with apparent defects.
- - Products damaged in transit or as a result of misuse by the Customer.
Defects and deterioration of products caused by non-compliance with the safety instructions relating to storage precautions, specified on the packaging, are excluded from the guarantee. - - Defects and deterioration of the products caused by abnormal use, non-compliant or absent maintenance
or lack of maintenance, lack of supervision or poor electrical protection of the equipment, by such circumstances that are detrimental to the proper operation of the equipment, or by any modification of the product not provided for or indicated by EL BADIA. It is specified that : - o The warranty is totally or partially void if maintenance is not carried out; and
- o The warranty will lapse immediately and completely if the product is used in abnormal conditions.
Article 7: LIABILITY
7.1 EL BADIA's liability conditions
Except in the cases referred to in Article 6, i.e. the legal guarantee of conformity and the guarantee of hidden defects, it is the Customer's responsibility to provide any justification as to the reality of the defects or anomalies observed. The Customer must allow EL BADIA to proceed with the observation of these alleged defects or anomalies.
Notwithstanding the exercise of the right of withdrawal under the conditions set out in article 8 hereof, any return of a product by the Customer must first be expressly agreed by EL BADIA. The products must be returned in perfect condition and in their original packaging, with, if applicable, all the accessories supplied as well as the instructions.
The return will give rise, depending on the case, to EL BADIA's choice, to a replacement of the product(s) concerned or to a refund of the Customer's money, after EL BADIA has been able to check the quantity of the returned products as well as their good condition.
The costs and risks of the return shipment will be borne by EL BADIA if conformity is proven; otherwise, if non-conformity is not proven, they will be borne by the Customer.
7.2 Exclusion of EL BADIA's liability
EL BADIA's civil liability may only be incurred in the event of a proven fault on the part of the latter, due to a personal, direct and certain loss suffered by the Customer. EL BADIA will only pay the Customer the amount of compensation due upon presentation by the latter of the invoice for the corresponding products.
EL BADIA accepts no responsibility for the Customer's choice of products, or for any damage resulting from modifications made to the products or from failure to follow the recommendations for use of the products.
In addition, it is recalled that EL BADIA is not the producer, within the meaning of Articles 1245 et seq.
Civil Code, of the products marketed on the Site, except for EL BADIA brand products for which it is the producer, as well as for certain other products for which it is considered to be the producer (for example, Quasar, Social Smoke, Al Fakher brand products, etc.). Consequently, it cannot be held liable in the event of damage caused to property and/or persons due to a defect in the products within the meaning of the aforementioned articles. The Customer wishing to obtain compensation for such damage must therefore seek the liability of the supplier concerned on the basis of liability for defective products.
7.3 Force majeure
By "force majeure", the Parties mean situations that meet the conditions set out in article 1218 of the French Civil Code and related case law.
The obligations of the Parties will be suspended for the duration of the event constituting force majeure. The defaulting Party will use its best efforts to limit the duration and effects of the force majeure event.
In the event of a case of force majeure preventing EL BADIA from fulfilling its obligations, the performance of the sales contract concluded with the Customer will be immediately suspended, as of the notification of this event by one of the Parties to the other Party, in writing. In the same way, the Party concerned will inform the other Party of the disappearance of this event constituting force majeure, and performance of the contract will then resume immediately from the date of this notification.
However, if such an event continues for more than thirty (20) days after the notification date, the contract will be terminated automatically. The sums received by EL BADIA will then be reimbursed to the Customer.
Article 8: RIGHT OF WITHDRAWAL
8.1 Conditions for exercising the right of withdrawal
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the product(s) ordered to return the product(s) concerned to EL BADIA. For orders involving several goods delivered separately or in the case of an order made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good or batch or part.
To exercise his right of withdrawal, the Customer must, within the period of fourteen (14) days indicated above, send EL BADIA the standard form for exercising the right of withdrawal (in Appendix 1 of these conditions) or an unambiguous statement expressing his wish to withdraw, to the address indicated at the top of these GTC.
The Customer must return the products, at his or her own expense, to the address given at the top of this document ("Legal Notice"), within fourteen (14) days of communicating his or her decision to withdraw. The products must be returned in their original packaging, with the labels, unused and in perfect condition, without any traces, marks or odours of use, together with any accessories, gifts or samples that may have been offered when the order was placed.
EL BADIA undertakes to reimburse the Customer in full, including delivery costs, within fourteen (14) days of recovery of the goods.
In the event that the Customer exercises his/her right of withdrawal in respect of several products but does not return all of the products concerned, EL BADIA will automatically deduct the price of the missing products from the sum to be reimbursed.
In the event of a partial return, EL BADIA will reimburse the Customer for the delivery costs in proportion to the number of items returned, except in the case of flat-rate delivery, in which case EL BADIA will reimburse the Customer for the full delivery costs.
EL BADIA will make this refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the Customer.
8.2 Exceptions to the right of withdrawal
8.2.1. Exclusions from the right of withdrawal
Pursuant to Article L. 221-28 of the French Consumer Code, the Customer may not exercise his right of withdrawal "for contracts :
4° The supply of goods liable to deteriorate or expire rapidly;
5° The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other items;".
Also, if the Customer places an order on the Site for :
- - which are likely to deteriorate or expire rapidly (e.g. shisha flavour, charcoal),
- - which have been unsealed by the Customer (e.g. electronic cigarettes), and/or
- - which have been mixed inseparably with other items (e.g. refills for electronic cigarettes),
he/she may not exercise the right of withdrawal in respect of the products referred to above.
8.2.2. Limits to the right of withdrawal
In accordance with the provisions of article L. 221-23 of the French Consumer Code, EL BADIA may hold the Customer liable in the event of depreciation of the products resulting from handling other than that required to establish the nature, characteristics and proper functioning of these products.
In this respect, EL BADIA reserves the right to apply a discount in the event that the Customer, having exercised his/her right of withdrawal, returns products that he/she has handled in a manner going beyond what was strictly necessary to verify their nature, characteristics and proper functioning.
Article 9: PERSONAL DATA
EL BADIA, as data controller, collects and processes Customer data in accordance with the regulations on the protection of personal data in force (in particular Regulation (EU) 2026/679 of 27 April 2016, known as the "RGPD"), under the conditions detailed in the Privacy Policy available on the Site.
Article 10: APPLICABLE LAW - LANGUAGE
These GCS are governed by French law.
The language of these GCS is French.
Article 11: SETTLEMENT OF DISPUTES / CONSUMER MEDIATION
EL BADIA hereby informs the Customer of the possibility of having recourse, in the event of a dispute, to a consumer mediation procedure.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Customer may refer to the Consumer Mediator any disputes relating to orders placed with EL BADIA on the Site.
For information on how to contact the Consumer Ombudsman, please consult the following page: https://ec.europa.eu/consumer/odr/main/index.cfm?event=main.home2.show&Ing=FR
Before referring the matter to the aforementioned mediator, the Customer undertakes to send his complaint to EL BADIA's customer service department at the address given at the top of these GCS ("Legal Notice").
Article 12: MANDATORY INFORMATION FOR CONSUMER CUSTOMERS
- • Legal guarantee of conformity
The French Consumer Code provides for the following legal guarantee of conformity:
Article L.217-4 of the Consumer Code
"The goods are in conformity with the contract if they meet the following criteria, where applicable:
1° They correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° They are fit for any special purpose intended by the consumer, made known to the seller no later than at the time of conclusion of the contract and accepted by the latter;
3° They are supplied with all accessories and installation instructions to be provided in accordance with the contract;
4° It is updated in accordance with the contract".
Article L.217-5 of the Consumer Code
" I. In addition to the criteria of conformity with the contract, goods are considered to be in conformity if they meet the following criteria:
1° They are fit for the use normally expected of goods of the same type, taking into account, where applicable, any provisions of European Union law and national law as well as any technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, they possess the qualities that the seller presented to the consumer in the form of a sample or model before the contract was concluded;
3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time the contract is concluded, unless the parties agree otherwise;
4° Where applicable, it is supplied with all the accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with updates that the consumer may legitimately expect, in accordance with the provisions of Article L. 217-19 ;
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect for goods of the same type, taking into account the nature of the goods as well as public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. However, the seller is not bound by any of the public declarations mentioned in the preceding paragraph if he demonstrates :
1° That he did not know them and was not legitimately in a position to know them;
2° That at the time the contract was concluded, the public declarations had been corrected in conditions comparable to the initial declarations; or
3° That the public statements could not have influenced the purchase decision.
III. The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he was specifically informed deviated from the conformity criteria set out in this article, a deviation to which he expressly and separately consented when the contract was concluded."
Article L.217-7 of the French Consumer Code
"Defects in conformity which appear within twenty-four months of delivery of the goods, including goods containing digital elements, shall, in the absence of proof to the contrary, be presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or of the defect claimed.
For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods with digital components provides for the continuous supply of digital content or a digital service, any lack of conformity which appears at the time of delivery of the goods shall be presumed to exist:
1° For a period of two years from the date of delivery of the goods, where the contract provides for the goods to be supplied for a period of two years or less, or where the contract does not specify the duration of the supply ;
2° During the period in which the digital content or digital service is provided under the contract, where the contract provides for the digital content or digital service to be provided for a period of more than two years.
Article L.217-8 of the French Consumer Code
"In the event of a lack of conformity, the consumer has the right to have the goods repaired or replaced or, failing that, to have the price reduced or the contract rescinded, under the conditions set out in this sub-section.
The consumer also has the right to suspend payment of all or part of the price or delivery of the benefit provided for in the contract until the seller has fulfilled his obligations under this chapter, in accordance with articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L.217-9 of the French Consumer Code
"The consumer is entitled to demand that the goods comply with the criteria set out in sub-section 1 of this section.
The consumer shall ask the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer shall make the goods available to the seller.
Article L.217-10 of the French Consumer Code
"The goods shall be brought into conformity within a reasonable period of time, which may not exceed thirty days following the consumer's request and without any major inconvenience to the consumer, taking into account the nature of the goods and the use intended by the consumer.
The repair or replacement of non-conforming goods includes, where applicable, the removal and return of the goods and the installation of the repaired or replacement goods by the seller.
A decree shall specify the terms and conditions for bringing the property into compliance.
Article L.217-12 of the French Consumer Code
"The seller may not proceed according to the choice made by the consumer if the compliance requested is impossible or would entail disproportionate costs with regard to, in particular:
1° The value that the goods would have had in the absence of the lack of conformity;
2° The extent of the lack of conformity; and
3° The possibility of opting for the other choice without any major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or would entail disproportionate costs, particularly with regard to 1° and 2°.
If these conditions are not met, the consumer may, after formal notice, pursue compulsory performance in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code.
Any refusal by the seller to proceed in accordance with the consumer's choice or to bring the goods into conformity shall be justified in writing or on a durable medium".
Article L.217-13 of the French Consumer Code
"Any goods repaired under the legal guarantee of conformity benefit from a six-month extension to this guarantee.
If the consumer chooses to have the goods repaired but this is not carried out by the seller, bringing the goods into conformity by replacing them will start a new period of legal guarantee of conformity for the replaced goods. This provision applies from the day on which the replacement goods are delivered to the consumer.
- • Legal guarantee against hidden defects
Article 1641 of the French Civil Code
"The seller is liable for any hidden defects in the goods sold that render them unfit for their intended use, or that impair that use to such an extent that the buyer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them.
Article 1644 of the French Civil Code
"In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him, or keeping the thing and having part of the price returned to him.
Article 1648 paragraph 1 of the Civil Code
"Any action arising from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.
APPENDIX 1 :
WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
For the attention of :
EL BADIA
75 rue Saint-Denis - 75001 Paris
I hereby notify you of my withdrawal from the contract for the sale of the following goods:
Ordered on(*) / received on(*) ........................................................................
Name of consumer(s): .....................................................................
Address of consumer(s): ...............................................................
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date: ........................................................................
(*): Delete as appropriate.