Terms and conditions

1. Preamble

Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, users of the Basance.com website are hereby informed of the identity of the various parties involved in its creation and monitoring:

• Website owner: Basance.com
• Head office: 10 Rue Louis Fourmond, 53200 Saint Fort
• Company registration number: 934 405 838 R.C.S. Laval (France)
• Shop manager: Pauline Cabanès (contact@basance.com)

Hereinafter referred to as the ‘Seller’ or the ‘Company’, the following information may be used to contact them: contact@basance.com

The individual or legal entity purchasing products or services from the company, hereinafter referred to as ‘the Purchaser’ or ‘the Customer’, has been informed of and agrees to the following.

The Seller is the publisher of Basance.com Products and Services intended for consumers, marketed through its websites. The list and description of the goods and services offered by the Company can be viewed on the aforementioned websites.

These General Terms and Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

2. General provisions

These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services through the Company's websites and form an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer, who has accepted them before placing an order.

The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in the case of multiple payments) of the order.

The Company also ensures that their acceptance is clear and unconditional by providing a checkbox and a confirmation click. The Customer declares that they have read and understood all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale relating to a product or service, and accept them without restriction or reservation.

The Customer acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs.

The Customer declares that they are legally capable of entering into contracts under French law or validly represent the natural or legal person for whom they are acting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

3. Price

The prices of products sold through the websites are indicated in euros excluding tax (HT) and/or including all taxes (TTC) and are precisely determined on the product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, excluding specific shipping costs.

For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and charges are not the responsibility of the Seller. They shall be borne by the buyer and are his responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the buyer to obtain information on these aspects from the relevant local authorities.

The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company's websites are the responsibility of the Customer. Where applicable, delivery costs are also the responsibility of the Customer.

5. Concluding the contract online

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete their order:

• Information on the essential characteristics of the Product
• Product choice
• Indication of the Customer's essential contact details (identification, email, address, etc.)
• Acceptance of these General Terms and Conditions of Sale
• Verification of order details (double-click formality) and, where applicable, correction of errors. Before confirming the order, the Purchaser has the opportunity to check the details of the order and its price, and to correct any errors or cancel the order. Confirmation of the order shall constitute the formation of this contract.
• Verification of payment instructions, payment for products, then delivery of the order. The Customer will receive confirmation by email of payment for the order, as well as an acknowledgement of receipt confirming the order.

During the ordering process, the customer will have the opportunity to identify any errors made when entering data and to correct them. The language offered for the conclusion of the contract is French.

The terms and conditions of the offer and the general terms and conditions of sale are sent to the buyer by email when the order is placed and archived on the Seller's website. Where applicable, the professional and commercial rules to which the author of the offer intends to submit are available for consultation in the ‘additional rules’ section of these GTC, which can be consulted on the Seller's website.

Communications, orders, order details and invoices are archived on a reliable and durable medium in order to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.

For delivered products, delivery will be made to the address specified by the Customer. For the purposes of proper fulfilment of the order, the Customer undertakes to provide accurate identification details.

The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

6. Products and services

The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company's websites, as well as, where applicable, instructions for use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate method, of the prices and specific conditions of sale and performance of services before the sales contract is concluded. In all cases, the total amount payable by the Buyer is indicated on the order confirmation page. The sale price of the product is the price in force on the day of the order, which does not include any additional shipping costs. Any such costs are indicated to the Buyer during the sales process and, in any event, at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.

When products or services are not delivered immediately, clear information is provided on the product presentation page regarding the delivery dates for the products or services. The customer acknowledges having received details of the delivery costs and the terms of payment, delivery and performance of the contract, as well as detailed information on the identity of the seller, their postal, telephone and electronic contact details, and their activities in the context of this sale. The Seller undertakes to fulfil the Customer's order within the limits of available Product stocks only. If this is not possible, the Seller shall inform the Customer; if the order has been placed and no agreement has been reached with the Customer on a new delivery date, the Seller shall reimburse the Customer.

Contractual information is presented in detail and in French. The parties agree that illustrations or photographs of products offered for sale have no contractual value. The period of validity of the offer of the Products and their prices is specified on the Company's websites, as is the minimum duration of the contracts offered when they relate to the continuous or periodic supply of products or services. Unless otherwise specified, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who owns the email address provided).

7. Compliance

In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale through these GTC comply with current regulations relating to the safety and health of persons, fair trading and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.

In accordance with Article L.217-4, the seller shall deliver goods that comply with the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller shall also be liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

In accordance with legal provisions regarding compliance and hidden defects (Art. 1641 of the Civil Code), the Seller shall refund or exchange products that are defective or do not correspond to the order.

8. Refund

Refunds can be requested as follows:

Once your return has been received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your request is approved, your refund will be processed and a credit will automatically be applied to your credit card or original method of payment within a certain number of days.

Late or missing refunds

If you have not yet received your refund, first check your bank account again. Then contact your credit card company, as it may take some time for your refund to be officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you have done all of this and still have not received your refund, please contact us at contact@basance.com.

Items on sale

Only regular-priced items can be refunded. Sale items cannot be refunded.

Exchanges

We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at contact@basance.com and send your item to: 10 RUE Louis Fourmond, 53200 Saint Fort.

9. Retention of title clause

The products remain the property of the Company until full payment has been received.

10. Delivery terms

Products are delivered to the delivery address specified when placing the order and within the specified time frame. These time frames do not take into account the time required to prepare the order.

When the Customer orders several products at the same time, these may have different delivery times.

In the event of a delay in delivery, the Customer has the option of terminating the contract under the terms and conditions set out in Article L 138-2 of the Consumer Code. The Seller shall then refund the product and the delivery costs in accordance with the terms and conditions set out in Article L 138-3 of the French Consumer Code. The Seller provides a telephone contact number (cost of a local call from a landline) indicated in the order confirmation email in order to track the order.

The Seller reminds the Customer that, upon physical possession of the products, the risk of loss or damage to the products is transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the delivered product.

11. Availability and presentation

If an item is unavailable for a period exceeding 12 working days, you will be immediately notified of the expected delivery time and the order for this item may be cancelled upon request. The Customer may then request a credit note for the amount of the item or a full refund and cancellation of the order.

12. Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank cheque. Cards issued by banks domiciled outside France must be international credit cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment service providers. The information transmitted is encrypted in accordance with industry standards and cannot be read during transport over the network.

Our payment providers:

• WooPayments
• 3. Bank Transfer
• PayPal

Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their bank details at the time of sale, the Customer authorises the Seller to debit their card for the amount of the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error or if it is impossible to debit the card, the Sale is immediately terminated as of right and the order is cancelled.

13. Cancellation period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason within fourteen (14) days of the date of receipt of their order.

The right of withdrawal may be exercised by contacting the Company as follows: contact@basance.com. We inform Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for downloadable Products.

If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, with the return costs remaining the responsibility of the Customer.

Product returns must be made in their original condition and complete (packaging, accessories, instructions, etc.).

Returns should be accompanied by a copy of the proof of purchase, if possible.

This right of withdrawal cannot be exercised for certain specific products. Clear information is provided on each product's presentation page. The buyer then has the right to withdraw within 30 days from the date of receipt of their order.

Conditions of return

Our refund and return policy lasts 30 days. If 30 days have passed since your purchase, we cannot offer you a full refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging. To complete your return, we require a receipt or proof of purchase.

There are certain situations in which only partial refunds are granted:

• Any item that is not in its original condition, is damaged, or has missing parts for reasons not due to our error.
• Any item returned more than 30 days after delivery.

14. Warranties

In accordance with the law, the Seller provides the following guarantees: conformity and hidden defects in the products. The Seller will refund the buyer or exchange products that are defective or do not correspond to the order placed in accordance with the refund conditions.

The Seller reminds the consumer that:

• Has a period of two years from the delivery of the goods to take action against the Seller.
• That he may choose between replacement and repair of the goods subject to the conditions set out in the above provisions. (apparently defective or not corresponding).
• That he is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods.
• That, except for second-hand goods, this period shall be extended to 24 months from 18 March 2016.
• The consumer may also invoke the warranty against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code and, in this case, may choose between cancellation of the sale or a reduction in the sale price (provisions of Articles 1644 of the Civil Code).

15. Complaints and mediation

Where applicable, the Buyer may submit any complaints by contacting the company using the following contact details:

• By email : contact@basance.com
• By post: 10 Rue Louis Fourmond, 53200 Saint Fort

In accordance with the provisions of Articles L. 611-1 to L. 616-3 of the Consumer Code, consumers are informed that they may refer the matter to a consumer ombudsman under the conditions set out in Title I of Book VI of the Consumer Code.

If the complaint submitted to the Seller's customer service department is unsuccessful, or if no response is received within two months, the consumer may refer the dispute to a mediator who will attempt, in complete independence, to bring the parties together with a view to reaching an amicable solution.

16. Termination of the contract

The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt in the following cases:

• Delivery of a product that does not comply with the characteristics of the order.
• Delivery exceeding the deadline specified when placing the order or, if no date is specified, within thirty days of payment.
• Unjustified price increase or product modification. In such cases, the buyer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date the deposit was received.

17. Intellectual property rights

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 the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

18. Forced circumstances

The performance of the seller's obligations hereunder shall be suspended in the event of a fortuitous event or force majeure that would prevent such performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

19. Nullity and amendment of the contract

If any provision of this contract is invalidated, this invalidity shall not affect the validity of the other provisions, which shall remain in force between the parties. Any contractual amendment shall only be valid after written agreement signed by the parties.

20. Protection of personal data

The information requested when placing an order is necessary for invoicing (legal obligation) and delivery of the goods ordered, without which the order cannot be placed. No automated decision-making or profiling is carried out during the ordering process.

Our privacy policy is available in detail on our website.

21. Applicable law and clauses

All clauses contained in these general terms and conditions of sale, as well as all purchase and sale transactions referred to therein, shall be subject to French law.

The invalidity of any contractual clause shall not invalidate these general terms and conditions of sale.

22. Consumer information

For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:

• Article 1641 du Code civil : Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l’usage auquel on la destine, ou qui diminuent tellement cet usage que l’acheteur ne l’aurait pas acquise, ou n’en aurait donné qu’un moindre prix, s’il les avait connus.
• Article 1648 du Code civil : L’action résultant des vices rédhibitoires doit être intentée par l’acquéreur dans un délai de deux ans à compter de la découverte du vice. Dans le cas prévu par l’article 1642-1, l’action doit être introduite, à peine de forclusion, dans l’année qui suit la date à laquelle le vendeur peut être déchargé des vices ou des défauts de conformité apparents.
• Article L. 217-5 of the Consumer Code: The goods comply with the contract: 1° If they are fit for the purpose usually expected of similar goods and, where applicable: – if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; – if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
• Article L. 217-12 of the Consumer Code: Action resulting from lack of conformity lapses two years after delivery of the goods.
• Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to them at the time of purchase or repair of movable property, for a repair covered by the warranty, any period of immobilisation of at least seven days shall be added to the remaining warranty period. This period shall run from the date of the purchaser's request for repair or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for repair.