Terms of service
General conditions of sale of the company Gamin Tout Terrain
Preamble
The General Terms and Conditions govern the contractual relations for all distance selling in Metropolitan France only, carried out from the e-commerce site https://babybrezza.eu/ : The company GAMIN TOUT TERRAIN SARL, SARL with capital of 33 000.00 Euros, registered with the RCS of Paris B 414 354 126, VAT No.: FR 18414354126, with registered office: 52, rue Edouard Pailleron, 75019 Paris, telephone: +331 42 38 66 00, email: contact@gamin-tout-terrain.com, hereinafter referred to as GAMIN TOUT TERRAIN and its consumer customers within the meaning of the definition of the term “Consumer” which appears in the introductory article of the Consumer Code and hereinafter referred to as “customer” or “customers”.
These Terms and Conditions of Sale may be amended at any time and apply to any sale subsequent to their publication on the site https://babybrezza.eu/. GAMIN TOUT TERRAIN can be punctually led to modify some of the provisions of its Terms, so it is necessary that they are reread before each visit and validated before any purchase on the site https://babybrezza.eu/.
These Terms and Conditions of sale may be amended at any time and apply to any sale subsequent to their publication on the site https://babybrezza.eu/. GAMIN TOUT TERRAIN may be occasionally required to modify some of the provisions of its Terms and Conditions, so it is necessary that they are reread before each visit and validated before any purchase on the site https://babybrezza.fr/.
Each purchase on the site is governed by the General Conditions applicable at the date of the order. By clicking on the “I have read the terms and conditions of sale and accept them unreservedly” button on the order form, the customer acknowledges having read and accepted the terms and conditions of sale. By accessing the site, you agree to abide by the General Terms and Conditions and the Conditions of Use contained therein.
Products - Offer
The products presented on the https://babybrezza.eu site correspond to all the necessary equipment for baby and his environment. In the event that GAMIN TOUT TERRAIN would have to deliver to the customer a product with characteristics different from those presented on its website at the time of ordering, GAMIN TOUT TERRAIN undertakes:
To inform the customer without delay and by any means;
To offer a right of exchange or refund, if the customer is not satisfied with the product delivered. In this case, the customer can send the product ordered to our return center after first contacting GAMIN TOUT TERRAIN, by phone: +331 42 38 66 00, by email: contact@gamin-tout-terrain.com, or by filling out the contact form on the site https://babybrezza.eu/.
Order
The customer may, at any time, request additional information before placing an order, by e-mail to contact@gamin-tout-terrain.com, indicating the product name and brand.
During the ordering process, the customer must enter all its details so that GAMIN TOUT TERRAIN can ensure delivery of products ordered. The information collected is necessary to process the order. In return, the customer will receive a confirmation email with the invoice for his order.
Any order implies acceptance of the price and product listed on the website https://babybrezza.eu/.
On the day of the order, the customer acknowledges having had all the information appropriate to the placement of the order under the provisions of the Consumer Code and have had the opportunity to modify any errors.
The sales contract is concluded upon receipt of the order but under the condition precedent of the collection of the purchase price by GAMIN TOUT TERRAIN.
In case of unavailability of the product ordered and a product quality and price equivalent, the customer is informed and reimbursement of sums paid is made without delay and no later than 14 days from the date on which the customer was informed of the unavailability of the product ordered.
Once the order has been validated, the customer will be assigned an order code (order number) and will receive confirmation of the order by e-mail.
Prices and delivery
The prices of each of the products marketed by GAMIN TOUT TERRAIN are indicated and payable in euros. They are shown inclusive of all taxes and excluding shipping costs which are charged extra.
The prices listed on the site https://babybrezza.eu/ are applicable only for sales concluded remotely from this site.
GAMIN TOUT TERRAIN has the ability to change at any time the price of its products being specified that the products will be charged on the basis of rates in effect and published on its site on the day of placing the order.
One delivery method is available: Colissimo.
Delivery by Colissimo costs €11.00.
Deliveries to Slovakia, Estonia, Latvia and Lithuania only.
Payment
Payment is made by credit card (CB, Mastercard, Maestro, Visa, Visa Electron), without discount.
An invoice will be sent to you by email.
The customer must enter his or her credit card number, expiry date and the last three digits on the back of the card, to the left of the signature.
The transaction is secure. SSL encryption is provided by Lyra Collect. For optimum security, customers enter their credit card details on our financial institution's website. Data relating to the credit card is neither held nor stored by GAMIN TOUT TERRAIN during payment and after payment.
A refusal of authorization by the banking center emporte the cancellation of right and without compensation of the order.
If an incident occurs during the registration of the order, it is null and void and the customer must repeat the ordering procedure.
The products remain the exclusive property of GAMIN TOUT TERRAIN until full payment of the price by the customer.
ALMA - Payment of your order in 3X or 4X with charges by credit card from €150 of purchases up to €3000[y1].
Conditions :
This offer is reserved for individuals (natural persons of legal age) residing in France and holding a bank card issued in France (excluding prepaid cards and cards with systematic authorization requests such as CB/Maestro cards and CB/Visa Electron Cards) valid for at least 3 months after the date of conclusion of the staggered payment contract.
How to subscribe :
Once you have completed your order, simply click on the “3x payment by credit card” or “4x payment by credit card” button.
You will then be redirected to our partner's Franfinance web page, where you will find a detailed summary of your order and your personalized financing application, which you must then validate.
Enter your personal details. You will then read the general terms and conditions of payment in instalments to which you wish to subscribe, which are provided in PDF format for you to read, print and save.
You then notify your electronic acceptance by ticking the appropriate box.
In the absence of proof to the contrary, the data recorded by Franfinance constitutes proof of all transactions between you and Alma.
If you request a financing solution offered by Alma, the information related to your order will be transmitted to Alma, which will use it to study your request for the granting, management and collection of credit.
Alma reserves the right to accept or refuse your request for 3x Alma financing. You have a 14-day cooling-off period to cancel your credit.
How does it work?
3x or 4x payment with charges by credit card allows you to pay for your order on our merchant site in the following way:
The response is immediate and online (favorable or unfavorable opinion).
The 1st payment is a transaction debited on the day of confirmation of shipment of your order, corresponding to one third or one quarter of the order;
The 2nd, 3rd and 4th (if applicable) payments are recurring payments, each corresponding to one third or one quarter of the order, debited at 30, 60 and 90 days (if applicable).
Payment in 3 instalments from €150.00 up to €3000.00
Payment in 4 instalments from €150.00 up to €3000.00
Example 3x with charges: For a purchase of €150.00, deposit of €52.25, then 2 monthly payments of €50.00. Credit over 2 months at a fixed APR of 1.50%. Cost of financing €2.25.
Example 4x with charges: For a purchase of €200.00, deposit of €54.40 then 3 monthly payments of €50.00. Credit over 3 months at a fixed APR of 2.20%. Cost of financing €4.40.
SOCIETE GENERALE
SA with Board of Directors and capital of €1,066,714,367.50
Registered office: 29 BD HAUSSMANN 75009 PARIS
RCS Paris B 552 120 222
www.professionnels.societegenerale.fr
Delivery and availability
Delivery is made to the address indicated by the customer at the time of ordering. The customer may specify a delivery address different from the billing address.
If the totality of the products in the order does not allow delivery to the address, the address or the content of the order must be modified, otherwise the order cannot be registered.
Delivery times :
Delivery is made in mainland France within 3 to 5 working days from the date of order, see details of delivery methods above. Delivery takes place on the first floor doorstep.
Acceptance of delivery :
When the customer personally takes delivery of the products, he/she must, unless the carrier does not allow him/her to do so, check the condition of the parcel(s) in the presence of the carrier or the Post Office employee. If necessary, he/she must make any necessary reservations to the carrier or the Post Office employee, mentioning them on the transport or delivery note in a precise and reasoned manner.
The customer must also contact GAMIN TOUT TERRAIN, to enable it to exercise a remedy against the carrier, in the following ways:
By email: contact@gamin-tout-terrain.com
By phone : +331 42 38 66 00
The customer must then follow the requests of GAMIN TOUT TERRAIN consisting in particular to transmit in writing all the reserves mentioned on the packing slip and / or any evidence allowing GAMIN TOUT TERRAIN to assert its rights with the carrier.
When the carrier does not allow the customer the opportunity to verify the condition of the package, the customer must do so as soon as it has the opportunity and, where appropriate, inform the carrier and GAMIN TOUT TERRAIN of any defects found in the manner described above.
Commissioning and / or assembly of products after delivery
All products sold by GAMIN TOUT TERRAIN are commissioned and / or mounted by the customer, under the sole responsibility of the latter.
The customer acknowledges that the transfer of risk or loss of products occurs on the day of delivery.
Withdrawal period - Returns - Exchange
In accordance with the provisions of the French Consumer Code, the customer has a period of fourteen calendar days to exercise his right of withdrawal without having to justify his decision or pay any penalties, with the exception of the cost of returning the goods.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to the supply of services which are fully executed before the end of the withdrawal period and whose execution has begun after the consumer's express prior agreement and express waiver of his right of withdrawal.
This period of fourteen calendar days begins on the day when the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product ordered and delivered.
The exercise of the right of withdrawal by the customer implies :
On the one hand, that the customer makes a written request by completing the contact form or by email to contact@gamin-tout-terrain.com or by telephone on: +331 42 38 66 00
On the other hand, the customer must return the products ordered within 14 days, at his/her own expense, by sending the goods to our returns center. To do this, we invite you to contact GAMIN TOUT TERRAIN
In case of exercise of the right of withdrawal, GAMIN TOUT TERRAIN is required to reimburse without undue delay the customer and no later than fourteen days following the date on which this right was exercised.
Beyond that, the amount due is, by right, productive of interest at the legal rate in effect.
However, GAMIN TOUT TERRAIN will be entitled to defer this refund until the day of resumption of goods or until the customer has provided GAMIN TOUT TERRAIN a proof of shipment of goods. Upon the occurrence of the first of these facts, GAMIN TOUT TERRAIN will proceed to reimbursement.
GAMIN TOUT TERRAIN proceed to reimbursement using the same means of payment used by the customer for the initial transaction.
In case of exercising the right of withdrawal within 14 days, the refund is the amount received from the customer, excluding shipping costs.
If the product is defective, the refund is the total amount received from the customer, including shipping costs.
GAMIN TOUT TERRAIN will bear the cost of return exclusively in case of delivery of a defective product or an equivalent to the product ordered for lack of GAMIN TOUT TERRAIN to have been able to provide the latter and in case of error of place of delivery that would be attributable, the purchase order.
The exchange of a product against its identical, because of damage found in unpacking and not consequential to a reservation that should have been issued to the carrier or agent of the Colissimo, is possible subject to prior contact GAMIN TOUT TERRAIN by email, by phone: +331 42 38 66 00.
All product returns must be made in their original packaging, undamaged and complete (accessories and instructions), without any trace of use, including the retraction form, to the following address: Gamin Tout Terrain c/o Malherbe Logistique, 23 Allee du 1er mai 1945, 77183 Croissy Beaubourg, France
Warranty
The contractual warranty conditions for each product and the after-sales service conditions are available on the website.
In addition, warranty and after-sales service conditions are communicated by GAMIN TOUT TERRAIN's customer service department, whose contact details are:
By email: contact@gamin-tout-terrain.com
By telephone: +331 42 38 66 00
In the event of repairs covered by the contractual warranty, any period of product immobilization of at least seven days will be added to the duration of the contractual warranty remaining to run at the date of the customer's request for service or the availability for repair of the product in question if this availability is subsequent to the request for service.
The contractual warranty granted for products does not preclude the legal warranty provided by articles 1641 et seq. of the French Civil Code, which sets out the rules governing the warranty for hidden defects.
You are reminded that :
Art. 1641 C. Civ.: “The seller is bound by the warranty for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price for it, if he had known of them”.
Art. 1648. al.1 C. Civ.: “The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Customers are also reminded that they benefit from the legal warranty of conformity provided for in articles L.217-4 et seq. of the French Consumer Code.
When acting under the legal warranty of conformity, the consumer has a period of two years from delivery of the good to take action; he may choose between repair or replacement of the good, subject to the cost conditions set out in article L 217-9 of the French Consumer Code; he is exempt from proving the existence of a defect in conformity of the good during the twenty-four months following delivery of the good.
In particular
Article L.217-4 of the French Consumer Code: “The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility”.
Article L.217-5 of the French Consumer Code: “The good conforms to the contract:
1° If it is fit for the purpose usually expected of similar goods and, where applicable :
If it corresponds to the description given by the seller and possesses 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 may legitimately expect, having regard to public statements made by the seller, the producer or his 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 French Consumer Code: “Action resulting from a lack of conformity is barred after two years from the date of delivery of the goods.
The warranty does not apply to the repair of damage resulting from a cause external to the product (for example an accident, shock, lightning, storm, power fluctuation ...), use, installation or connection not in accordance with specifications or prescriptions of the manufacturer, the use of peripherals, accessories or consumables unsuitable.
GAMIN TOUT TERRAIN undertakes to apply the specific provisions of contractual guarantees of manufacturers and importers on products it sells or repairs.
Personal data
Data concerning the customer is personal information essential to the processing of its requests. GAMIN TOUT TERRAIN reserves the right to use these details for commercial promotions or any other events organized by GAMIN TOUT TERRAIN or any other company or association, and this in strict compliance with the Law in the Confidence in the Digital Economy (LCEN)and the RGPD.
In application of the French Data Protection Act (Loi du 6 janvier 1978), the customer has the right to access, rectify and object to data concerning him or her. To exercise this right, the customer should contact : Gamin Tout Terrain, 52, rue Edouard Pailleron 75019 Paris or by email at contact@gamin-tout-terrain.com, indicating the customer's surname, first name, address and, if applicable, customer number.
Applicable law
These General Terms and Conditions and the order form are governed by French law.
Mediation of consumer disputes
In accordance with articles L.211-3, L.612-1, L.616-1 and R.616-1 of the French Consumer Code, the customer may have recourse to a mediation procedure in the event of a dispute.
“In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Gamin Tout Terrain adheres to the Service du Médiateur du e-commerce of the FJP (Fédération française des industries Jouet Puériculture) whose contact details are as follows: CM2C - 14 rue Saint Jean - 75017 Paris https://cm2c.net/. After prior written request from the consumer to Gamin Tout Terrain, the Mediation Service may be contacted for any consumer dispute which has not been settled. To find out how to contact the Mediator, click here.
Acceptance of the General Terms and Conditions of Sale
By clicking on the “I have read the general terms and conditions of sale and accept them without reservation” button on the order form, the customer acknowledges having read and accepted the general terms and conditions of sale, and irrevocably accepts them without reservation. From this moment, the order is considered validated, subject to receipt of the total price, which must be paid when the order is placed, as stated above. In the absence of payment, the order is considered null and void.