GTCS

The present conditions of sale are concluded on the one hand by the company Bygalamart with a share capital of €5,000.00, whose registered office is located at 65/75 avenue Jean Mermoz, in La Courneuve (93120), registered in the Pontoise Trade and Companies Register under number B 894 811 736, hereinafter referred to as “Bygalamart” and managing the website www.store.bygalamart.com and, on the other hand, by any individual or legal entity wishing to proceed with a purchase via the website www.store.bygalamart.com, hereinafter referred to as the “purchaser.

Article 1. Purpose

The present conditions of sale aim to define the contractual relations between Bygalamart and the buyer and the conditions applicable to any purchase made via the website www.store.bygalamart.com. The acquisition of a product through the present site implies an unreserved acceptance by the buyer of the present conditions of sale, which the buyer acknowledges having read before ordering. Prior to any transaction, the buyer declares on the one hand that the purchase of products on the www.store.bygalamart.com site is not directly related to his/her professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him/her to commit to the present general conditions of sale.

Bygalamart reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions will be those in force on the date of the order by the buyer.

Article 2. Products

The products offered are those shown on the www.store.bygalamart.com website of the Bygalamart company, within the limits of available stocks. The company Bygalamart reserves the right to modify the range of products at any time. The photographs presented on the site are a reflection of the products on sale on the site, except in the limited cases inherent to the technical characteristics of the Internet (resolution and colours of the Internet user’s screen ….).
The sale of the products presented on the site www.store.bygalamart.com is intended for all buyers residing in countries that fully authorise the entry of these products into their territory.

Article 3. Prices

The prices appearing on the product sheets of the internet catalogue are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Bygalamart reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalogue on the day of the order will be the only price applicable to the buyer. The prices indicated do not include delivery costs, which are invoiced in addition to the price of the products purchased according to the total amount of the order. In metropolitan France, for any order greater than or equal to 99 euros including VAT, delivery costs are free.

Article 4. Order and payment terms

Before placing an order, the buyer must create an account on the website www.store.bygalamart.com. The account creation section is accessible directly from the side menu bar. On each visit, if the buyer wishes to order or consult his/her account (status of orders, profile, etc.), he/she must identify him/herself using this information. Bygalamart offers the buyer the possibility of ordering and paying for its products in several stages, with 1 payment option:

– Secure payment by credit card: the buyer selects the products he/she wishes to order in the “basket”, modifies if necessary (quantities, references…), checks the delivery address or enters a new one. Then, the shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. Then, the buyer chooses the payment method of his choice. In the next step, the buyer is asked to check all the information, to read and accept the present general terms and conditions of sale by ticking the corresponding box, and then to validate the order by clicking on the “Confirm my order” button. Finally, the buyer is redirected to the secure personal credit card interface. If the payment is accepted, the order is recorded and the contract is definitively formed. Payment by credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand the cancellation of the payment by card, and the sums paid will then be credited back or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract linking him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the cardholder’s written objection. The holder shall not be charged any costs for the return of the sums.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof and waiver of the right to invoke one’s own terms and conditions of purchase. All the data provided and the recorded confirmation shall be considered proof of the transaction. If the purchaser has an e-mail address and if he/she has provided it on his/her order form, the company Bygalamart will send him/her an e-mail confirming that his/her order has been registered.

If the buyer wishes to contact the company Bygalamart, he/she can do so by email at the following address: info@bygalamart.fr, or by telephone at +(33) 986 740 310.

Article 5. Reservation of ownership

The company Bygalamart retains full ownership of the products sold until full payment of the price, in principal, costs and taxes included.

Article 6. 1.1 Withdrawal

In accordance with article L121-20 of the Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or reimbursement without penalty, with the exception of the return costs. To exercise this right, please write to info@bygalamart.fr.

1.2 Return of the product

The seller undertakes to take back an item in the event of a defective product and to refund the full amount paid, excluding delivery costs.

The consumer undertakes to return a defective item in its original packaging. The consumer shall pay the direct costs of returning a defective product.

Article 7. Delivery

Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO or by GLS or by Mondial Relay, delivery service with tracking, delivery without or with signature. The delivery times are only given as an indication; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed. Bygalamart may provide the purchaser with the tracking number of their package by e-mail. The buyer is delivered to his home by his postman. In the event of the purchaser’s absence, he/she will receive a notice of passage from his/her postman, which allows him/her to collect the ordered products at the nearest post office, during a period indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the articles leave the premises of the company Bygalamart. The purchaser is required to check the condition of the packaging of the goods and its contents on delivery in the presence of the employee of the Post Office or the delivery person. In case of damage during transport, any protest must be made to the carrier within three days of delivery.

Article 8. Guarantee

All products supplied by the Bygalamart company benefit from the legal guarantee provided by articles 1641 and following of the Civil Code. In the event of non-conformity of a product sold, it may be returned to the Bygalamart company which will take it back, exchange it or reimburse it. All claims, requests for exchange or refund must be made via info@bygalamart.fr.

Article 9. Responsibility

The company Bygalamart, in the distance selling process, is only bound by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service breakdown or other involuntary problems.

Article 10. Intellectual property

All elements of the www.store.bygalamart.com site are and remain the exclusive intellectual property of the Bygalamart company. No one is authorised to reproduce, exploit or use in any way whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.

Article 11. Personal data

The company Bygalamart undertakes to preserve the confidentiality of the information provided by the buyer, which he/she may be required to transmit for the use of certain services. Any information concerning him/her is subject to the provisions of law n° 78-17 of 6 January 1978. As such, the Internet user has the right to access, modify and delete information concerning him/her. They can make a request at any time via info@bygalamart.fr.

Article 12. Settlement of disputes

The present conditions of distance selling are subject to French law. All disputes or litigation will be handled by the competent court.