Terms and Conditions of Sale

Version: 2.2 - 29/09/2022

The "baija.com" merchant site is operated by the company Bains & Nature, a simplified joint stock company (SAS) with a capital of €31,800, having its registered office at 37, boulevard Suchet 75016 Paris, France, and registered with the Paris Trade and Companies Register under number 753031764 00024 and with Intracommunity VAT number FR30753031764.

The general terms and conditions of sale detailed below are governed by French law and apply to all orders placed with the company Bains et Nature for all items offered on the "baija.com" website, unless otherwise agreed in writing.

These general terms and conditions of sale can be consulted on the website at any time. Consequently, your order validation constitutes an electronic signature having the same value as a handwritten signature, and implicitly implies your unreserved acceptance of all the following conditions.

Order Placement and Confirmation

Your shopping cart constitutes your purchase order. To place an order, you must enter the information necessary for invoicing and delivery of the items. The information you provide is binding. In the event of an error in the delivery address details, the baija.com website and the company Bains et Nature cannot be held responsible for the impossibility of delivering the item(s).

After validating your details, you will choose your payment method. Your order will be automatically validated and will constitute an irrevocable commitment on your part that cannot be challenged except in the cases restrictively provided for by these conditions (see your right of withdrawal).

The company Bains & Nature reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order. An email is automatically sent to you at each stage of your order processing.

Prices

All product offers on this site are limited to Metropolitan France, Corsica, and Monaco. Promotional offers are valid only within the dual limit of the validity period of the offer concerned and available stock.

The prices shown on this site are in Euros, all taxes included, excluding participation in shipping costs, and are subject to variation during the year, it being understood that the products ordered are invoiced at the prices in force when the order is registered.

Products remain the full property of Bains & Nature until full payment of the price is received by Bains et Nature.

Legal Guarantees

All products supplied by Bains & Nature benefit from the legal guarantee of conformity provided for in Articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the item sold under the conditions provided for in Articles 1641 to 1648 of the Civil Code and 2232 of the Civil Code. These articles are reproduced below:

Article L211-4 of the Consumer Code
The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was carried out by him under the contract or under his responsibility.

Article L211-5 of the Consumer Code
To be in conformity with the contract, the goods must:

1) Be fit for the purpose usually expected of similar goods and, where applicable:
- 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;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;

2) Or present the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L211-12 of the Consumer Code
The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would have given a lower price for it, had he known of them.

Article 1648 of the Civil Code, paragraph 1
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Commercial Warranty

The commercial warranty refers to any contractual commitment by a professional towards the consumer for the reimbursement of the purchase price, the replacement or repair of the goods, in addition to its legal obligations to guarantee the conformity of the goods.
No commercial warranty is granted by Bains & Nature.

Reminder of customer rights

It is thus recalled that when acting under the legal guarantee of conformity, the Customer:

- Benefits from a period of two years from the delivery of the goods to act;

- Can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L.211-9 of the Consumer Code;

- Is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

The Customer may also decide to invoke the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, they can choose between rescinding the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code.

Payment

Payment for your purchases on the Site is exclusively in Euros and can be made in the following ways:
- Payment by credit card: this is done online when placing the order and is fully secured. You can therefore make your purchases in complete safety.
- Payment by Paypal: this is done online when placing the order. It is secured by Paypal and also allows you to make your purchases in complete safety.

The order is taken into account upon payment, which is stipulated as irrevocable, cash, net, and without discount. The company Bains et Nature reserves the right to suspend any order processing and any delivery in the event of refusal of payment authorization by credit card from officially accredited organizations. In this case, the customer will be notified by email and will be asked to pay by bank transfer.

Shipping Costs and Delivery Terms

Delivery costs are agreed upon in addition to the price and indicated on the order form. The customer will always be informed of the delivery costs associated with their order before its final registration, and payment will be requested from the customer for the total purchase amount.

Thus, the choice and validation of a payment method by the customer implies that the latter accepts to pay the associated delivery costs. Delivery costs cannot therefore constitute a valid reason for challenging the order after its final registration.

Our sales and prices are understood to be ex-works from Paris, France (75016). It is the customer's responsibility to provide all necessary information and any additional details essential for locating the delivery address.

You will be delivered within an average of 10 days from receipt of your order form by "Bains & Nature".

Your package is sent by post via Colissimo home delivery - Colissimo Relay Points - Chronopost home delivery - Chronopost Relay Points. Shipping costs via Colissimo home delivery - Relay are free for any order over 50€. Delivery costs are at your expense for all orders equal to or less than 50€.

Delivery costs for Chronopost home delivery - Relay are at your expense for orders below and above 50€.

These conditions are valid for deliveries to Metropolitan France, Corsica and Monaco. We do not deliver outside these geographical areas.

Non-receipt of packages

If, upon delivery to the address indicated by the Customer, the Customer is not present or refuses the package, the package will be deposited at the Post Office closest to their home, where the Customer can collect it within a period of fifteen (15) days, upon presentation of the delivery notice left by the Post Office in their mailbox.

At the end of this fifteen (15) day period, the Post Office returns any unclaimed package to Bains & Nature.

If a package is returned to Bains & Nature for a reason attributable to the Customer, such as "unclaimed" or "does not reside at the address indicated" package, Bains & Nature will inform the Customer concerned by email.

In this case, with the Customer's agreement, the package will be resent, with the re-shipping costs borne by the Customer. An email will inform the Customer of the procedure to follow for the payment of these shipping costs.

In all other cases, the package will be kept by Bains & Nature for sixty (60) days. After this period, Bains & Nature may decide to destroy the Products thus returned, without prior notice or formal demand. This destruction does not give the Customer any right to reimbursement, replacement or compensation. The Customer will not be reimbursed for either the price of the order or the delivery costs.

Products

The characteristics of the products offered for sale are presented on the website: http://www.baija.com

The company Bains et Nature reserves the right to make any modifications it deems useful to its products at any time, and without obligation to modify previously delivered or ordered products, it reserves the possibility of modifying the models in the site's descriptions without prior notice.

Right of withdrawal

The Customer has, from the reception of the products, a withdrawal period of fourteen (14) days to exercise their right of withdrawal, without having to justify their decision, or pay any penalty, at the address below:

Bains & Nature

4 RUE DES DÉFENSEURS DE VERDUN

94130 NOGENT SUR MARNE

FRANCE

EXERCISE OF THE RIGHT OF WITHDRAWAL

The Customer must inform Bains & Nature, within fourteen (14) days, of their decision to withdraw by sending:
- by any written means (letter, email, fax) expressing their desire to withdraw

- by completing and submitting a withdrawal form to Bains & Nature. In this case, Bains & Nature will send the Customer an acknowledgment of receipt as soon as the withdrawal form is received.

In the case of an order for several products delivered separately, the Customer has a withdrawal period of fourteen (14) days from the receipt of the last product.

Return costs are borne by the Customer. These costs are estimated at a maximum of approximately €30.

Bains & Nature undertakes to do its utmost to respond to the Customer as soon as possible.

When the Customer exercises their right of withdrawal, the Customer undertakes to return the Products no later than fourteen days following the communication of their decision to withdraw. Failing this, the right of withdrawal will not take effect and the sale will be final.

The Customer must return the Products with the invoice number clearly visible on the package. The Customer must also include a copy of their invoice in the package.

It is up to the Customer exercising their right of withdrawal to retain proof of the reshipment of the goods by their own means (presentation of a document provided by the carrier, etc.).

Prior to reimbursement, Bains & Nature reserves the right to carry out necessary checks in the event of a discrepancy between the returned Products and the attached invoice or return number.

REFUND OF PRODUCTS

The Customer will be reimbursed an amount equal to the price of the returned Products less the shipping costs they paid for the cancelled order. The return costs of the Products, the maximum amount of which is indicated above, therefore remain at the Customer's expense.

This refund will be credited to the bank account from which the payment received by Bains & Nature was issued.

The refund will be made at the latest within fourteen (14) days from the date on which Bains & Nature was informed of the Customer's decision to withdraw, subject to the Customer providing proof of actual shipment of the products. Bains & Nature will make the refund using the same payment method as that used by the Customer when validating the order, unless the Customer expressly agrees to the refund of the sum by another payment method and provided that the refund does not incur costs for the Customer.

Liability

Bains & Nature cannot be held responsible for the non-performance of the concluded contract in the event of stock shortage or product unavailability, force majeure, disruption or total or partial strike, particularly of postal services and means of transport and/or communications. Bains & Nature shall not incur any liability for any indirect damages resulting from these presents, loss of operation, loss of profit, loss of opportunity, damages or expenses.

Bains & Nature reminds that, in application of article 1124 of the Civil Code, unemancipated minors are incapable of contracting. Consequently, orders intended for minors must be placed by parental authority. In the event of accidental collection of nominative data relating to a minor, parental authority has the capacity to object to their retention and/or transmission to third parties.

The responsibility of the company Bains & Nature cannot be engaged for inconveniences and damages related to the use of the Internet network such as a break in service, the presence of computer viruses or external intrusions and more generally all cases qualified as force majeure or acts of third parties by the courts. Similarly, its responsibility cannot be retained due to the content of sites to which hypertext links may refer from the website www.baijashop.fr. In case of dispute, the customer will first contact the company Bains & Nature to agree on an amicable solution.

Customer Service

For any information:
Email to: serviceclient@baija.com
Phone at 01.49.38.00.96 :

- Monday 2pm-6pm

- Tuesday to Friday: 9am-12:30pm and 2pm-6pm

By mail:

Bains & Nature
4 RUE DES DÉFENSEURS DE VERDUN
94130 NOGENT SUR MARNE

FRANCE

Entirety

Should any clause of this contract be null and void due to a change in legislation, regulation, a court decision, contravention of imperative provisions or for any other reason, this shall in no way affect the validity and observance of these general terms and conditions of sale.

Confidentiality

We guarantee the confidentiality of the personal information entered. In accordance with the French law "Information et libertés" no. 78-17 of January 6, 1978, you have the right to access and rectify data concerning you. You can exercise this right by sending us a letter to the following address:
Bains & Nature

4 RUE DES DÉFENSEURS DE VERDUN

94130 NOGENT SUR MARNE

FRANCE

Or by email to: serviceclient@baija.com

Intellectual Property

In accordance with the laws governing the ownership of literary and artistic rights or other similar rights, this site and all elements, brands, designs, models, logos, graphics, etc., found on this site as well as their compilation are the exclusive property of Bains & Nature or its suppliers, the latter granting no license or any other right than that of consulting the Site.

The reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited. Any other use constitutes counterfeiting and is sanctioned under Intellectual Property law, unless prior written authorization from Bains & Nature.

Applicable Texts - Jurisdiction

This contract is subject to French law. The language of this contract is the French language. In case of dispute, French courts will have sole jurisdiction.

Nevertheless, in the event of a dispute, the Customer will have the possibility of seeking, prior to any legal action, an amicable settlement of disputes. The Customer may then contact Customer Service, whose contact details are mentioned in the "CUSTOMER SERVICE" article.

In the event of failure of a complaint made to customer service, the Customer may, before any legal action and in accordance with Article L.612-1 of the Consumer Code, resort free of charge to a mediation service.

The CMAP (Paris Mediation and Arbitration Center) can be approached by the consumer with a mediation request, subject to the conditions
stated below in Article 3.

The consumer must contact the CMAP either:
- Via the form available on the CMAP website at www.mediateur-conso.cmap.fr,
- By email to consommation@cmap.fr,
- By post to CMAP – Service Médiation de la consommation, 39 avenue Franklin
Roosevelt, 75008 Paris).

Failing a prior amicable settlement between Bains & Nature and the Customer, all disputes arising within the framework of the relationship between the Customer and Bains & Nature will be submitted to the competent courts.