General conditions of sale

1. The Agreement
This Agreement is concluded between the Parties under the terms defined in Article 2 and includes the conditions of sale, the Shipping Policy as well as the information communicated in the order solution.

The provisions set forth herein shall not limit any applicable statutory rights.

2. The Parties
The Seller is the company BABYZEN™, VAT number: FR38524760923

Address: 2 PLACE BARTHELEMY NIOLLON, 13100 AIX-EN-PROVENCE

Email: webshop.support@babyzen.com

Online Contact: Contact Us – BABYZEN™ Store

The Buyer is the consumer, as defined in consumer protection legislation, who places the order.

The Seller and the Buyer are referred to individually as “ Party ” and collectively as “ Parties ”.

3. Price
The term “price” means the price indicated in the order solution. When mentioned in the order solution at the time of execution of the order, customs and import duties may possibly be invoiced in addition to the price indicated.

4. Conclusion of the Agreement
The Agreement is binding on both Parties once the Customer has placed and then transmitted his order.

However, no Party shall be bound by the contract in the event of a spelling or typological error in the Seller's offer, the online shop's ordering solution or the Buyer's order, and if the other Party was or should have been aware of the presence of this error.

5. Payment
The Buyer is required to pay at the time of order validation.

We accept payments by VISA and MasterCard. In addition, we use an external payment service provider who may offer you other payment methods.

6. Shipping and Delivery

For shipping conditions, please see our “Shipping Policy”.

Delivery is deemed to have been made once the Buyer, or a person designated by the Buyer, receives or transports the goods, or has become aware of the goods being made available at the place of delivery.

If the Seller has entered into an agreement with a carrier for the shipment of the goods to the Buyer, delivery is deemed to have taken place only when the goods are handed over to the Buyer, and not when they are handed over to the carrier. However, if the carrier has been hired by the consumer to transport the goods, and not by the Seller who has offered this alternative transport, the goods are deemed to have been delivered as soon as they are handed over to the carrier.

Delivery is deemed to have taken place once the Buyer or the carrier with whom the Buyer has entered into an agreement has taken possession of the goods. Delivery is deemed to have taken place once the goods have been deposited in the Buyer's mailbox or, with the Buyer's agreement, delivered to another location (workplace, garage, etc.).

Delivery shall not be deemed to have been made when the goods are deposited at a post office or at the premises of a business. Delivery shall be deemed to have been made once the Buyer has received the goods.

The estimated delivery time is indicated in the Shipping Policy.

7. Risks associated with the products
In the context of a sale in which the Seller dispatches the goods, the risks associated with these goods are transferred to the Buyer once the goods have been delivered to him, in accordance with the terms of article 6. If the consumer has instructed a third party to receive or collect the goods on his behalf, the risks are transferred once this third party has taken possession of the goods.

In the event of loss or damage to the goods before they have been physically taken possession of, the Seller shall be liable. In the event of loss or damage to the goods after they have been physically taken possession of, the Buyer shall bear the risks. If the consumer chooses his own carrier to carry out the transport mission, and if this transport alternative has not been proposed by the Seller, the risks are transferred to the consumer once his own carrier has taken possession of the goods.

8. Right of cancellation

The Buyer has the right to return a product purchased from the Seller, for any reason whatsoever (right of cancellation), even if the product is not defective.

Babyzen has decided to extend the mandatory cancellation period applicable to its customers. This cancellation period ends 15 days after the date of physical possession of the goods by the Buyer. With regard to goods ordered together and delivered separately or goods composed of several parts, the "date of taking possession" will correspond to the date of physical possession of the last good or part by the Buyer.

In order to exercise your right of withdrawal, you can complete the withdrawal form sent by the Seller to the Buyer by email or post.

This right of withdrawal does not apply to products manufactured to the Buyer's specifications or to clearly personalized goods, which will not be refunded.

All products (defective or not) must be returned in their original purchase condition, along with any manuals and other items or accessories provided by the manufacturer. If the purchase included a gift, promotional item or freebie, these items must also be returned to be eligible for a refund.

You nevertheless retain the right to examine the goods in order to determine whether it is appropriate to exercise your right of withdrawal. However, if checks or tests are carried out under unreasonable and unnecessary conditions, the Buyer may be held liable for any reduction in the original value of the goods, in particular by bearing the costs of washing or repair, or the diminished value where the goods can no longer be sold as new.

Return costs

You can return the product to the Seller free of charge by printing the following return label. The Seller does not cover the purchase of new shipping packaging or any other costs directly associated with the return, other than shipping or transportation costs.

If you choose a return method other than that proposed by the Seller, you must bear the costs directly associated with the return of the goods, unless otherwise agreed. These direct costs correspond to the shipping or transport costs, as well as any other direct expenses such as the purchase of new shipping packaging. They do not include the administrative costs incurred by the Seller following a return of goods.

Obligations of the Seller in the event of exercising the right of withdrawal

The Seller is required to refund all payments made by the Buyer to the Seller. However, if the Buyer has expressly chosen a type of delivery other than the standard delivery method offered by the Seller, the latter will not pay the additional costs thus incurred.

The refund will be made without unnecessary delay and no later than 14 days after the date of receipt by the Seller of the notification of the consumer's decision to exercise his right of cancellation pursuant to Article 20. Unless expressly agreed otherwise with the Buyer, the refund must be made using the same means of payment as that used by the Buyer. The consumer will not be required to pay any tax associated with this refund.

The Seller may withhold reimbursement until receipt of the goods or until the Buyer has provided evidence of the return of the goods. This does not apply if the Seller has offered to collect the goods.

9. Delays and non-delivery: Buyer's rights and time limit for complaints

If the item is not delivered or is delivered too late, provided that the consumer or circumstances associated with the consumer (delay) are not the cause, the consumer is then entitled to defer payment of the purchase, to demand completion of the purchase, to request cancellation of the purchase or compensation.

10. Defective Goods: Buyer’s Rights and Notification Period

If the Product is defective, the Buyer must, within a reasonable time after identifying or being presumed to have identified the defect, inform the Seller of its intention to file a formal complaint relating thereto. However, the time limit for filing a complaint is never less than two months for customers located in the EEA, from the date of identification of the defect by the Buyer.

Complaints must be filed no later than two years after the consumer took possession of the item. If, under normal use, the item or any part thereof is expected to last considerably longer, the time limit for filing a complaint is five years. This does not apply if the Seller, through a warranty or other agreement, has assumed liability for defects for a longer period.

Complaints may then be forwarded to the Party which, in agreement with the Seller, has undertaken to correct the defect.

In the event of a defect for which the consumer or circumstances relating thereto are not responsible, the consumer is entitled to defer payment of the purchase, to choose between correction of the defect or new delivery, to request a price reduction or compensation.

Further information and our contact details for complaints purposes are available on our Complaints Portal at www.babyzen.com in your language.

11. Rights of the Seller in the event of breach of contract by the Buyer

If the Buyer fails to meet its payment obligation or its obligations under the purchase agreement or applicable law, provided that the Seller or circumstances associated with the Seller are not the cause, the Seller is entitled to demand completion of the purchase, request cancellation of the purchase, request compensation and interest and defer delivery.

Depending on the circumstances, the Seller will also be entitled to claim interest on late payment, collection costs and reasonable costs associated with the non-collection of goods.

12. Personal data
Babyzen is required to comply with the GDPR in force within the European Union. Babyzen will process your personal data under the conditions necessary for the execution of your orders and the exercise of your rights as a consumer.

Please see Babyzen's Privacy Policy for a full description of our processing of personal data at: Babyzen™ Privacy Policy

13. Conflict Resolution
If the Buyer is a citizen of the European Union or the EEA, he can use the Online Dispute Resolution (ODR) platform, cf. https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

This Agreement shall be governed by and construed in accordance with the laws of France. Legal proceedings shall be held in the French courts, and the Regional Court of Aix En Provence shall be the court of first instance, unless otherwise required by mandatory provisions. As a general rule for consumers located in the EEA, the case will be brought before the court of the consumer's domicile.

Babyzen is required to comply with the GDPR in force within the European Union. Stokke will process your personal data under the conditions necessary to execute your orders and exercise your rights as a consumer.

Please see Babyzen's Privacy Policy for a full description of our processing of personal data at: Babyzen™ Privacy Policy

This Agreement shall be governed by and construed in accordance with the laws of France. Legal proceedings shall be held in the French courts, and the Regional Court of Aix en Provence shall be the court of first instance, unless otherwise required by mandatory provisions. As a general rule for consumers located in the EEA, the case will be brought before the court of the consumer's domicile.

Babyzen is required to comply with the GDPR in force within the European Union.