Article 1 – Scope

These General Terms and Conditions of Sale apply, without limitation or limitation, to all sales transactions made by LABORATOIRE   FRANCE BEBE NUTRITION   (“   Seller   ”) to professional buyers (legal entities). and non-professional buyers: consumers (actual persons) (“   Buyer Customers   or   Customers  ”), who wish to purchase   Products   offered for sale by   Seller   (“   Products   ”) on   the www.francebebe Website   . com   (   ”   Website  “). They specify the conditions for ordering, payment, delivery and management of any Product returns  products that  the Customer  has ordered. The Products   offered for sale on   the Site   are distributed only in Metropolitan France and Corsica: range FRANCE BEBE BIO© and MATILIA©.

In fact, for any   Professional Customer  , placing an order on   the Website  means complete and unrestricted acceptance of these General Conditions of Sale, which prevails over any particular condition. any other part of the Customer   ,  in particular the general conditions of purchase, except for a prior written breach from LABORATOIRE FRANCE BEBE NUTRITION.

 In effect, for any   consumer or non-professional Customer   , placing an order on  the Site  means complete and unrestricted acceptance of these General Terms and Conditions of Sale, with the exception of any breach of the Terms and Conditions. prior written violation between the Parties.

 Key features of   the Products , and in particular, the Product  ‘s specifications, illustrations, and size or capacity indications    , are presented on   the Website  . Customers   are required to read it before placing an order. The selection and purchase of the Products   is   the sole responsibility of   the Customer  .

The photographs and graphics presented on   the Website are not a contract and  the Seller   cannot be held liable. The Customer   is required to refer to the description of each   Product   for the basic properties and characteristics of the Product.

The product offer    is within the available stock limit, as specified when placing the order.

The Seller ‘s administrative and commercial contact details     are as follows:  LABORATOIRE FRANCE BEBE NUTRITION, SARL, RCS LAVAL B 399 569 938, 7 Lattre de Tassigny Avenue, 53000 LAVAL.

 These General Conditions of Sale apply to the exclusion of all other conditions and in particular those that apply to sales in stores or through other distribution and marketing channels.

These General Conditions of Sale are accessible at any time on the   Website   and shall prevail, if necessary, over any other version or any other conflicting document.

Customer   declares to have read these General Conditions of Sale and has accepted them by ticking the box provided for this purpose before proceeding with the online ordering process and the general conditions of use of Website  .  _

These General Conditions of Sale may be subsequently amended, the version applicable to the Customer ‘s purchase     being the version in effect on   the Website   on the date of order. Unless proven otherwise, the data recorded in the  Seller ‘s computer system   constitutes evidence of all transactions entered into with   the Customer  .

Pursuant to the Data Protection Act of January 6, 1978,   Customer   has the right to access, correct and object to all its personal data at any time in writing, by mail and by proving his identity for LABORATOIRE   FRANCE BEBE NUTRITION, SARL, RCS LAVAL B 399 569 938, 7 Avenue Lattre de Tassigny, 53000 LAVAL.

In the case of an order to a country other than mainland France and Corsica,   the Customer   must contact the Export department of   the FRANCE BEBE NUTRITIONAL Laboratory   by post or by email:   truongbaolandgroup@gmail.com  .

For information,   Customer   is the importer of  the relevant Product(s). For all   Products   shipped outside of the European Union and DOM-TOM, the price will be calculated automatically excluding tax on the invoice. Other customs or local taxes or import duties or state taxes may be payable. They will be charged and are the sole responsibility of   the Customer  .

Article 2 – Orders

The customer  has the right to choose on   the Website  ,  the Products   he wants to order, and to continue the ordering process according to the instructions that will be communicated to him as the process takes place.

For   the Customer who  is a Consumer, the ordering process on   the Website   consists of the following steps (hereinafter referred to as “   Place Order   ”):

–   Customer selects a  Product   on the Website and chooses the desired quantity (from 1 to a maximum of 120);

– once selected,   the Customer   can order   the selected Product directly  or add it to his cart;

– the shopping cart opens with a summary of the   selected  Product (s) ( Product name  , quantity, price, shipping fee depending on the delivery area    selected by the Customer );

–   Customer   can optionally modify the desired quantity or delete   the  selected Product ;

– The Customer can then    choose to continue shopping or complete his Order;

– by clicking “Pay by Credit Card” or “Pay by Bank Transfer”, the   Customer   confirms that its shopping cart contains   the  selected  Products as well as the total price of the  said Products ;

– the line stating “   I accept LABORATOIRE FRANCE BEBE NUTRITION General Terms and Conditions of Sale  ” appears,   Customer   must tick the box provided for these mentions in order to be able to proceed with his Order ;

– Then  the Customer   is redirected to a secure page on which he has filled in his contact information, shipping address and will proceed to pay for his Order.

A confirmation email will be sent to the Customer  as soon as possible at the email address provided when placing the Order, specifically summarizing the following information:

– reference of   the Product  ordered;

– The order confirmation record summarizes all the characteristics of the  customer ‘s order

– prices include VAT and delivery costs include VAT;

–   Customers   will find full information about their withdrawal rights at the bottom of the homepage of the online sales page

Product offers    are valid for as long as they are visible on   the Website  , within limited stock availability.

The sale will be deemed final only after the Seller has e-mailed confirmation of order acceptance to the  Buyer and after the Buyer has received the full price. It is the responsibility of the customer  to verify the accuracy of the order and to immediately report any errors.

Any order placed on   the Website   constitutes the formation of a contract concluded at a distance between   the Customer   and   the Seller  . The Customer   will be able to track the progress of their order on   the Website  .

In the event that the Customer  cancels the order after being   accepted by the Seller  at least seven (7) days before the scheduled delivery of the ordered Products   ,  for any reason other than exercising the right of withdrawal or force majeure, an amount corresponding to thirty percent (30%) of the total purchase amount will be collected by the Seller   and   billed to   the Customer  , as damages, to compensate for the damage. therefore suffer.

Article 3 – Rates

Products   offered at current prices appear on   the Site  , when an order is placed by   the Seller  . Prices are expressed in Euros, excluding and including taxes. The prices take into account any discounts   the Seller  may grant on   the Website  .

These prices are fixed and cannot be modified during their validity period, as stated on the   Website  ,   the Seller   reserves the right, outside of this validity period, to modify the prices at any time.

They do not include handling, shipping, shipping and handling charges, which are additionally billed, subject to the conditions specified on the   Website   and calculated prior to the completion of the order. Payment is requested from   the Customer   in proportion to the total amount of the purchase, including these costs. The corresponding invoice will be e-mailed to the Customer at the e-mail address provided upon registration and can be viewed and downloaded in the “My Account” area once the products have been ordered. assigned.

Article 4 – Payment Terms

 Unless otherwise agreed, the price is payable in cash, in full on the day of the   Customer’s order  , by secure payment, by credit card (CB, VISA, MASTER CARD) or bank transfer. In the case of credit card payments, the debit of the card is instant.

In the event of late payment,   the Seller   has the right to demand payment of a deposit or the full sale price upon placing the order or upon receipt of the invoice, depending on the nature or quantity of the order or as a result of the incident. periodic payments.

For any deferred payment, payment must occur on the due date indicated on the respective invoice. No discount for early payment.

Except with Seller ‘s prior and express agreement     to extend the invoice due date, any delay in payment caused by the customer will result in:

* Accumulation for    Professional Customers  :

– instant and automatic payment of all the Customer’s debts    , regardless of the payment method offered,

– the imposition of late payment penalties commensurate with the interest rate imposed by the European Central Bank on its most recent refinancing operation increased by 10 (ten) points (article L441-6 al 3 of the Commercial Code) and increased by Decree No. .2012-1115 dated October 2, 2012 due to Law 2012-387 of March 22, 2012, a one-time compensation of €40 (forty euros) for service costs. without prejudice to any compensation that our company may claim.

* For   Consumer Customers  : immediate and automatic payment of all amounts owed by   the Customer  ,

In addition,   the Seller  reserves the right to suspend or terminate all existing orders of the Customer, which, after sending official notice, is still unsuccessful. The amount of late payment interest may be automatically charged towards any rebates, rebates, credit notes or special discounts granted by the   Seller  .

The Seller shall not be obligated to deliver   the Products  requested by   the Customer   if the Customer fails to pay the full price of the Products in accordance with the conditions and set forth above.

No additional costs, above those   borne by the Seller  for the use of the payment facility, may be billed to   the Customer  .

Article 5 – Delivery of goods     to consumers

Products ordered   by   Customer will be  delivered by DPD   or CHRONOPOST in mainland France, Corsica (additional costs will apply)   within 48 to 72 hours of delivery of the order to the address specified by Customer   when order on   the Website. Orders delivered in  Belgium and Luxembourg  will be shipped via  Mondial Relay. 

Indicated delivery times are indicative times, corresponding to average processing times.

If the shipping area selected by   the Customer  when filling his cart is different from the actual shipping address provided by   the Customer   when placing the Order, the Seller will indicate in his confirmation email the amount of the additional cost. Additional charges are charged   to the Customer   considering his or her actual delivery location.

Customers   can:

– agree to pay the additional delivery costs by Credit Card or Bank Transfer;

– or cancel his Order, then he will be refunded the full amount of the Order, by check if he is in France or by bank transfer, within (30) days after notice about your options for the Seller.

Delivery is constituted by transferring to   Customer   ownership or physical control of   the Products  . Except in special cases or when one or more   Products are not available  ,   Ordered Products   will be delivered once.

The Seller   undertakes to use its best efforts to deliver   the Products   as requested by   the Customer   within the period specified above. However, these deadlines are given for informational purposes only. However, if  the ordered  Products   are not delivered within thirty (30) days after the expected delivery date, for any reason other than force majeure or the actions of the Customer,   the  sale may be canceled upon written request from   the Customer   under the conditions set forth in Articles L 138-2 and L 138-3 of the Consumer Code. Amount   paid by Customer shall then be returned to him no later than fourteen (14) days from the date of termination, excluding any compensation or deduction.

The Customer   is required to check the status of  Delivered  Product . He has a period of three (3) days from the date of shipment to make any reservations or claims in writing regarding the nonconformity or apparent defect of the Delivered Product, together with   all  other relevant supporting documents (especially photographs). After this period and failure to comply with these procedures,   the Products   will be deemed compliant and free of any apparent defects and no claim may be  duly accepted by  the Seller .

Seller   will reimburse or replace as soon as possible and at its own expense,  Delivered  Products that  are duly proven by  Customer   to be non-conforming or with apparent or potential defects the conditions set forth in L 211-4 et seq. of the Consumer Rules and those set forth in these General Conditions of Sale.

In the event that an order is returned to  the Seller  because of an incorrect shipping address or the order is not reinstated, the cost of resending the order will be borne by the  Customer  .

Article 6 – Delivery to     Professional Customers

Regardless of the mode of transportation, delivery or payment, our goods are subject to risk and danger to the recipient, who is responsible for carrying out all necessary responsibilities to protect his or her rights by building Specifically, pursuant to Article L.133-3 of the Commercial Code, a clear, correct and complete reservation with the carrier on the delivery note, confirmed by registered mail with confirmation of receipt valid push within three days of receipt.

The Professional Buyer   must also notify   the Seller   by certified registered registered mail within the same timeframe, accompanied by a copy of the letter addressed to the carrier.

In the absence of such notice,   the Professional Customer   will be deemed to have waive any action on this basis against   the Seller  . Acceptance of delivery without dispute within the said period of time means recognition of the perfect conformity of the delivery (Conformity of the  product  , quantity, quality, packaging, etc.). Estimated delivery time, calculated from the day after receiving the order at our office, is 5 business days unless specifically agreed upon due to a logistics partnership. Delivery times are given for informational purposes only.

Therefore, delivery delays cannot result in penalties, damages, order cancellations, delivery refusals or withholding of bill payments, unless prior written consent is obtained. Seller’s copy,   and  this notwithstanding any conflicting terms appearing in any general terms of sale by the   customer  .

Again,   Professional Customers   are solely responsible for the conditions of receipt, storage and sale of the Products   ,  and reiterate that the stores are responsible for implementing any safeguards against theft. theft at their point of sale. . When   the Professional Customer   refuses to take delivery of the ordered goods,   the Seller   is entitled to put the goods in stock at the expense of   the Professional Customer  and to demand reimbursement for the shipping costs, clearly stating that   the Seller   shall have the right to terminate contract and proceed to resell the goods without prejudice to the payment of    damages to the Seller for damages which he may suffer.

Article 7 – Transfer of Ownership – Retention of Ownership

The transfer of title to   the Products  from   the Seller  , for the benefit of   the Customer  , will only be effected after the full payment of the price by the Seller and this notwithstanding the delivery date of the    said Products .

The Seller  shall retain title to the goods until full payment of the goods under the conditions established by the contract, even in the event of a class action proceeding against the Customer, pursuant to Article   L  624- 9 and next. Commercial law.

In the event of a resale,   Customer   undertakes to notify third-party purchasers in advance, at the conclusion of each resale, of this title retention provision affecting the   Products Customer proposes to purchase and  Buyer. seller   reserves the right to claim in his own hands,   The Products   are delivered according to their title or price.

Article 8 – Transfer of risk to consumers

 Regardless of the date of transfer of title to the Products   ,  the transfer of the risk of loss and damage to the Products will be effected only when   Customer is  in actual   possession of the   Products . The Products are therefore   shipped at  Seller ‘s risk and peril  .

Article 9 –   Consumer ‘s right   to withdraw money

 Subject to applicable laws and regulations,   the consumer Customer   has a period of fourteen (14) days from receipt of the Product   to   exercise its right of withdrawal from   the Seller  , without having to explain why. or pay a fine, for exchange or refund, provided that   the Product   is returned in its original packaging and in perfect condition at   Customer’s  expense within fourteen (14) days of notice to   Seller on Customer   ‘s withdrawal decision    .

Withdrawal rights can be made   via email to  truongbaolandgroup@gmail.com

 In the event of exercising the right of withdrawal within the said period, the price of the  purchased Product (s)  will be refunded as well as the cost of delivery; The return costs are still the responsibility of   the customer  . Refunds will be made within fourteen (14) days from the date on which   the Seller  receives   the Products returned by  the Customer  under the conditions set forth in this clause. 

Article 10 – Responsibilities of  the Seller   – Warranty

The Products   sold on   the   LABORATOIRE FRANCE BEBE NUTRITION  Website   comply with the regulations in force in France.

Products  provided  by   the Seller to  the consumer The customer   benefits automatically and without additional payment, regardless of the right of withdrawal, as required by law,

– the legal guarantee of conformity, for   Products   that are manifestly defective, damaged or damaged or do not correspond to the order,

– legal protection against potential defects resulting from defects in material, design or manufacture affecting the   delivered Product   and rendering the Product unfit for use.

Article L211-5 of the Consumer Code:

 In order to comply with the contract, the goods must:

1° Fit for the generally expected use of a similar article and, if applicable:

– corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer as a sample or model

– present qualities that buyers can legally expect based on public statements by sellers, manufacturers or their representatives, especially in advertising or labeling;

2° Either present characteristics as determined by mutual agreement of the parties or are suitable for any particular use sought by the buyer, noticed by the seller and accepted by the seller.

 Article L211-12 of the Consumer Code

 Action for lack of conformity is specified for two years from the date of delivery.

 Article 1641 Civil Code

 The seller is bound by warranty because the goods sold have potential defects that render it unfit for use as intended or impair usability to the extent that the buyer will not obtain it, or would pay less if he already knew them.

Article 1648 Clause 1 of the Civil Code

 Buyer must take action for defects during recovery within two years of defect discovery.

   Non-consumer or professional customers are expressly excluded from Seller’s warranty  for  all   consequences, whatever they may be, for indirect damages (loss of business, market, etc.) schools, customers, image damage, etc.  )

To assert its rights,   Customer   must notify  Seller in writing of the Product  ‘s nonconformity    or the existence of potential defects within a maximum period of two (2) years from the date of purchase. Product delivery   .  S.

Seller   will replace   Covered  Products deemed non-compliant or defective. Return costs will be refunded upon presentation of receipt.

Unless expressly requested by the Customer, refunds for   Products  deemed non-compliant or defective will be made as soon as practicable and at the latest within thirty (30) days, as well as cost shipped after the Seller becomes aware of   a   lack of compliance or a hidden defect. Refund will be made by crediting the  Customer ‘s bank account   or by bank check sent to   the Customer  .

Seller ‘s liability     cannot be engaged in the following cases:

– failure to comply with the laws of the country in which   the Products   are delivered which   the Customer   must verify,

– in the event of misuse or negligence, such as in the event of an accident or force majeure.

The Seller ‘s Warranty     is, in any event, limited to the replacement or reimbursement of   the  defective or non-conforming Product .

 Article 11 – Computers and Freedoms

Applying law 78-17 of January 6, 1978, it is reiterated that the personal data requested from the Customer   is   necessary for the processing of his orders and in particular for the invoicing. The processing of information communicated through   the Website   has been disclosed to CNIL. Subject to applicable national and European regulations,   the Client has the right to permanently access, correct, correct and object to the information relating to him.

CNIL declaration number: 1827280

 Article 12 – Intellectual Property

The Content of   the Website   is the property of   the Seller   and its partners and is protected by French and international laws relating to intellectual property. Any copying of this content in whole or in part is strictly prohibited and may constitute a crime of forgery.

Article 13 – Applicable Law – Language

These General Terms and Conditions of Sale and the activities thereof are governed by and subject to the laws of France. These General Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

Article 14 – Disputes

1) All disputes that may arise in the sale and purchase transactions that a   consumer Customer  enters into with   the Seller   for the application of these general conditions of sale, concerning the validity, interpretation, performance, termination, consequences and consequences thereof and irreconcilability between   Seller   and   Customer   shall be submitted to a court of competent jurisdiction under the conditions of common law. Customer   is advised that in all cases, Customer may resort to ordinary mediation, especially with the Consumer Mediation Commission (C. Terms of Use. L 534-7) – www   . .legifrance.gouv.fr – or with existing industry mediation bodies, or any alternative dispute resolution method in the event of a dispute.

2) In the event of a dispute of any kind or a dispute concerning these General Terms and Conditions of Sale as well as sales contracts entered into by a non-consumer Customer, the  Court LAVAL’s Commercial Court has sole jurisdiction. This provision applies even in the event of incidental claims, multiple defendants or warranty claims and regardless of the method and terms of payment for goods sold.

Article 15 – Pre-Contract Information –   Consumer   Consent

The Customer   acknowledges to have communicated, prior to placing an order, in a readable and understandable manner, about these General Conditions of Sale and about all information and information referred to in Article L 111- 1 to L 111-7, and especially:

– – the essential characteristics of   the Product  , taking into account the media used and   the Product   involved; –

– the price of   the Product  and associated costs (e.g. delivery);

– in case of non-immediate performance of the contract, the date or time on which   the Seller   undertakes to deliver   the Products   ;

– information regarding   the Seller ‘s identity  , postal, telephone and electronic contact details and his activities, if they are not clear in the context,

– information regarding legal and contractual guarantees and their implementation methods;

– the functions of the digital content and, if any, its interoperability;

– the possibility of using ordinary mediation in the event of a dispute;

– information regarding the right of withdrawal (existence, conditions, duration, method of exercising this right and standard withdrawal method), cost of returning Products, method of   termination  and  conditions other important contracts.