General Terms and Conditions of Sale
General Terms and Conditions of Sale
E-Commerce – Products
Welcome and thank you for your trust. Below are the General Terms and Conditions of Sale applicable to the The-babyguard.com website. Please note that The-babyguard.com provides its Customers and Users of its website with a customer service that can be contacted in the following ways:
By email at: contact@the-babyguard.com
• DEFINITIONS
Terms with an initial capital letter refer to the following definitions:
The "Site" refers to the website(s) accessible from the URL link https://the-babyguard.com/ and all sites published by the Company to present and sell its Products.
The "User" refers to any person browsing the Site.
The "Product" refers to any type of physical product sold online on the Site, including bobs.
The "Order" refers to any purchase of a Product by the Client from the Company via the Site.
The "Client" refers to the physical or legal person, professional or not, buying a Product from the Company on the Site.
The "General Terms and Conditions of Sale" or "GTC" refers to these general terms and conditions of sale, applicable within the framework of the contractual relationship between the Company and its Clients, which include the privacy policy possibly available on the Site and any element of the Site to which they expressly refer.
The "Identifiers" refers to the username and password provided by the Company to the Client so that they can access, via the Site, their personal space.
The "Partner" refers to any professional partner with whom the Company maintains a business relationship or to whom the Company may call in the context of the sale of a Product and to whom the Client could be referred in the context of their Order.
• SCOPE OF APPLICATION
2.1. Purpose. These GTC govern the sale of any Product to a User on the Site, which includes the terms of use of the Site provided by the Company.
2.2. Capacity. Any use of the Site to place an Order implies acceptance and compliance with all the terms of these GTC. The Client declares to be of legal age and capable of contracting under the law of their country or declares to represent, under a valid mandate, the person for whom they are placing the Order.
2.3. Access to the GTC. The GTC are accessible at any time on the Site and prevail, where applicable, over any other version, previous or future. They take effect from the date of their update indicated at the top of these. The GTC apply to the exclusion of all other conditions, particularly those applicable for sales through other distribution and marketing channels of the Products.
2.4. Acceptance of the GTC. The Client declares to have read the GTC and to have accepted them before any Order, which implies unreserved adherence to these general terms and conditions of sale.
By this acceptance, the Client acknowledges that, prior to any order, they have benefited from sufficient information and advice from the Company on the Site, enabling them to ensure that the content of their Order meets their needs. These GTC constitute the entirety of the rights and obligations of the parties within the framework of their contractual relationship.
Unless proven otherwise, the data recorded by the Site constitutes proof of all facts, acceptance, and transactions.
2.5. Scope of the GTC. The Client may request a copy of the version of the GTC applicable to their Order at any time. No specific condition, initiated by the Client, can be added and/or substituted for these. The Company reserves the right to provide special conditions for the sale of certain Products, special offers, special guarantees, etc., which are provided to the Client before the Order. The fact that the Company, at any given time and for any reason, does not take advantage of a breach by the Client of any of the obligations contained in these, cannot be interpreted as a waiver to take advantage of it in the future.
• CHARACTERISTICS OF THE PRODUCTS
The Client can refer to the presentation of the Product on the Site, which is summarized on their Order page and in the confirmation email. The Client is expressly warned that any Product offer is subject to change. Only the Product described at the time of the Order is due to the Client.
The Products governed by the GTC are described and presented with the greatest possible accuracy. However, if errors or omissions have occurred in this presentation, the Company's liability cannot be engaged unless it concerns a substantial element of the Product in question. The Product purchased by the Client is provided in its version up to date at the date of purchase.
• ORDER
4.1. Majority. The Client guarantees to the Company that they are of legal age and that they have the necessary authorizations to use the payment method chosen by them, during the validation of the Order.
4.2. Order on the Site. After selecting the Product they wish to buy on the Site, the User is directed to an order page where they enter their personal details (name, first name, email, postal address, telephone number) and, where applicable, all the necessary and accurate information and details to enable the delivery of the Product and the billing of the Order. The User selects the payment terms (single payment or in installments, payment method) according to the possibilities offered by the Company.
4.3. Verification of information. The Client is solely responsible for the accuracy of the information provided and guarantees the Company against any false identity. The Client cannot hold the Company responsible for a failure resulting from the inaccuracy or falsehood of the information provided at the time of the order, which will be used to deliver the Product. The Client must ensure that they can actually receive the package at the address provided, depending on the delivery times indicated at the time of the Order.
4.5. Payment obligation. Any Order received by the Company is deemed firm and final, entails adherence and full and entire acceptance of these GTC under the conditions provided, and obligation to pay for any Product ordered.
4.6. Electronic signature The online provision of the Client's bank details and the final validation of the order will prove the Client's agreement and will mean:
• Payability of the sums due under the Order;
• Signature and express acceptance of all operations carried out.
4.7. Validation of the Order. After reading and accepting the GTC by checking the box provided for this purpose, the Client is directed to a summary page of their order, where they provide their bank details before validating their payment. It is up to the Client to check the summary information of their order and to rectify it if necessary, before validating the payment of the order. This second click definitively confirms the Client's order.
4.8. Confirmation of Order. The Client receives a confirmation and summary email of their Order as soon as the payment is effectively validated by the Company or its payment service provider. The Client must have a functional sending and receiving email mailbox. Otherwise, they will not be able to receive written confirmation of their order at the email address provided, nor receive the summary email of their order.
4.9. Proof of the transaction. The computerized registers, kept in the computer systems of the Company under reasonable security conditions, will be considered as proof of communications, Orders, and payments made between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.
• PRICING CONDITIONS
5.1. Applicable Rates. The Product ordered is sold at the rates in effect shown on the Site at the time of the registration of the Client's Order by the Company.
For sales within the European Union, prices are indicated in euros and include the VAT applicable on the day of the Order. Any change in the applicable VAT rate will be automatically reflected in the price of the Products. Unless stated otherwise, the prices indicated on the Site are provided inclusive of all taxes.
In the case of international sales from countries outside the European Union as indicated at the time of sale:
• for orders with a value exceeding 150 euros: all customs duties and various taxes due are the responsibility of the Client and are their sole responsibility. It is the responsibility of the professional Client to carry out any useful checks and to comply with their tax obligations. The Company cannot be held responsible in this regard, the Client is solely responsible.
• for orders with a value less than 150 euros:
• Prices are indicated in euros and include VAT. This will be billed and collected by the Company. Any change in the applicable VAT rate will be automatically reflected in the price of the Products. Unless stated otherwise, the prices indicated on the Site are provided inclusive of all taxes.
5.2. Payability of Amounts. The validation of the Order renders all sums due for it payable. By validating their order, the Client authorizes the Company (or its Partners, payment service providers) to send instructions to their bank to debit the bank account whose details were provided by the Client, according to the possible deadlines indicated in the Order summary.
5.3. Payment Method. To settle their order, the Client has, at their choice, all the payment methods made available by the Company and listed on the Site (including: Stripe, transfer or check).
The Client chooses the bank debit method with the payment systems and services offered which are secure services provided by third parties to the Company subject to their own contractual conditions over which the Company has no control – notably for Stripe (https://stripe.com/payment-terms/legal). In this case, payment is made by SEPA direct debit or from the bank card information communicated, according to the payment method proposed by the payment service provider and the choice of the Client. The Company reserves the possibility of using the payment service providers of its choice and to change them at any time.
5.4. Debit Authorization. By providing their banking information during the Order, the Client authorizes the Company to debit the account for the amount of the price indicated on the Site for the corresponding Product.
5.5. Special Offers and Discount Coupons. The Company reserves the possibility of offering time-limited launch offers, promotional offers or price reductions on its Products and to revise its offers and prices on the Site at any time, under the conditions provided by law. The applicable rates are those in effect at the time of the Client's order, which cannot take advantage of other rates, before or after their order. Discount coupons may be subject to special conditions and are in any case strictly personal to their beneficiary and can be used only once.
5.6. Payment Incident - Fraud. The Company reserves the right to suspend any processing of the Order and any delivery in the event of refusal of payment authorization by credit card by officially accredited organizations or in the event of non-payment. The Company particularly reserves the right to refuse to honor an order from a Client who has not fully or partially paid a previous Order or with whom a payment dispute is ongoing.
The Company may contact the Client to request additional documents to execute the payment of the Order. The Company can rely on the information delivered by the Order analysis system. The provision of the requested documents is necessary for the confirmation of the Order by the Company. To combat blue card fraud, a visual verification of the payment methods may be carried out by the Company before delivering the Product. In case of fraudulent use of their credit card, the Client is invited, as soon as this use is observed, to contact the Company, without prejudice to the steps to be carried out by the Client with their bank.
5.7. Default or Delay in Payment. The interests and penalties provided by law apply in case of default or delay in payment by the consumer or professional Client.
• DELIVERY
6.1. Stock Availability. The Products are offered for sale and delivered within the limits of available stocks. In case of unavailability of the ordered Product, the Company immediately informs the Client and may offer them a Product of equivalent quality and price or, failing that, proceed with the reimbursement of the Order if the Client is a consumer. Apart from the reimbursement of the price of the unavailable Product, the Company is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
6.2. Carrier. Deliveries are made by an independent carrier, to the address mentioned by the Client at the time of their Order and to which the carrier can easily access.
For sales requiring it, the carrier is authorized to represent you for the collection and payment of VAT and customs duties.
6.3. Retention of Title and Transfer of Risks. The Company remains the owner of the Products sold until the full payment of the price and the Client undertakes, as long as the ownership is not transferred to them, to take all necessary precautions for the proper conservation of the Products. Except in the case where the full payment of the price has not been cashed at the Order, the ownership of the Product is transferred to the Client upon its delivery. Any risk of loss or damage to a Product is transferred to the Client at the moment when they or a third party designated by them (for example, a pickup point, a concierge, etc.) other than the carrier proposed by the Company, physically takes possession of it. In any case, when the Client entrusts the delivery of the good to a carrier other than that proposed by the Company, the risk of loss or damage to the Product is transferred to the Client upon its delivery to the carrier.
6.4. Delivery Time. Unless otherwise stated on the Site at the time of the Order and/or on the Order page and unless the law authorizes a longer period, the Company undertakes to deliver any Product within a maximum period of 30 days after receipt of the Order. The delivery times indicated at the time of the Order may be longer and vary due to the delivery contingencies of postal services and any unforeseeable and external event to the Company or the carrier (e.g., strike).
6.5. Delay in Delivery. When the ordered Product is not delivered on the date or at the expiration of the time mentioned on the Order form or provided for in the GTC, the Client may, after unsuccessfully urging the Company to fulfill its delivery obligation within an additional reasonable time, resolve the contract by registered letter with acknowledgment of receipt or by a writing on another durable medium. The contract is considered resolved upon receipt by the Company of the letter or writing informing them of this resolution, unless the Company has performed in the meantime. When the contract is resolved in these conditions, the Company reimburses the Client for all sums paid, at the latest within fourteen days following the date on which the contract was denounced.
Unless the law provides otherwise, and except as provided otherwise herein, delays in delivery time cannot give rise to damages or compensation of any kind. The Company reserves the possibility of transmitting the Client's complaint to the carrier in charge of the delivery, who may, where appropriate, be required to request further information from the Client concerning the reported delay.
• DELIVERY LOCATION
6.6. The Products are delivered to the delivery address provided by the Client at the time of the Order. The Client cannot change the delivery location after the Order. The Company may provide for delivery by direct handover at the delivery address or at a collection point. In the event of an epidemic or any other health risk, the package may be left in front of the delivery location building (contactless delivery). Proof of non-expired identity may be requested prior to the handover of the Product. Within fifteen days from the notice of availability (delivery notice, availability notice at the collection point, etc.), the Client must collect the ordered Product. Failure to collect the Product within the specified time and conditions will result in the cancellation of the Order and the transport costs being charged to the Client.
6.7. Condition of the Product. When the Product is delivered to the address indicated by the Client at the time of the Order by a carrier, it is the responsibility of the Client to check the condition of the delivered Product in the presence of the delivery person and, in case of damage or incomplete delivery, to make reservations on the delivery slip or the transport receipt, and possibly refuse the delivery of the Product directly with the delivery person.
• RIGHT OF WITHDRAWAL
7.1. Time Limit. The Client has the right to withdraw without giving any reason within a period of fourteen days, for all or part of the ordered Products. This period is counted in calendar days and runs from the day after the receipt of the Product by the Client or any authorized third party for delivery, at the indicated address or at the collection point. In the case of an Order for several Products delivered separately or in the case of an Order for a Product composed of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the receipt of the last Product, lot/piece. If the deadline expires on a Saturday, a Sunday, or a public holiday, it is extended until the end of the last hour of the first working day following.
7.2. Method of Exercise. To exercise the right of withdrawal, the Client notifies their decision to withdraw from the contract by an unequivocal statement by postal mail or email. The Client may use the model withdrawal form reproduced below in a box but it is not mandatory. The burden of proof of exercising the right of withdrawal lies with the Client.
7.3. Return of the Product. The Client must return or hand over the Product for which they have withdrawn, to the Company no later than fourteen days after sending their decision to withdraw. This deadline is deemed to be respected if the good is returned before the expiration of the fourteen-day period under the return conditions provided. The costs of returning the products are the responsibility of the Client. The return procedures for the Products are specified in the article "PRODUCT RETURN PROCEDURES" to which the Client refers.
7.4. Refund. In case of withdrawal by the Client, the Company refunds the price of the Product no later than fourteen days, running from the day after the receipt of the Client's decision to withdraw. The Company proceeds with the refund using the same means of payment as the one used by the Client for the initial transaction, unless they expressly agree to a different method; in any case, this refund will not incur any fees for the Client. The Company may defer the refund until the Product is received, or until the Client has provided proof of shipment of the Product, the date retained being that of the first of these facts.
MODEL WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of THE-BABYGUARD company:
I/we () hereby notify/notifies () you of my/our () withdrawal from the contract for the sale of the product () below:
Ordered on () :
Name of the consumer(s) :
Address of the consumer(s) :
Signature of the consumer(s) (only if this form is notified on paper) :
Date :
() Delete as appropriate.
PLEASE NOTE, THIS RIGHT OF WITHDRAWAL CANNOT BE EXERCISED UNDER CERTAIN CONDITIONS IN CASE OF:
• When the Client is a professional,
• Supply of goods or services whose price depends on fluctuations in the financial market beyond the professional's control and likely to occur during the withdrawal period;
• Supply of goods made to the consumer's specifications or clearly personalized;
• Supply of goods liable to deteriorate or expire rapidly;
• Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
• Supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
• Supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose agreed value at the conclusion of the contract depends on fluctuations in the market beyond the professional's control;
• Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by them, within the limit of spare parts and work strictly necessary to meet the emergency;
• Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
• Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
• Goods purchased after a public auction.
• GUARANTEES
8.1. Conditions. It is reminded that the legal guarantees of conformity and against hidden defects are provided below for the benefit of Clients who are consumers or non-professionals and assume normal use of the Products according to prevailing practices. These guarantees apply outside of any commercial guarantee. It is advised to check the product at the time of its delivery and in the case where the delivered Product would be non-conforming (product error, defective, damaged, or incomplete), to make written reservations no later than three (3) days following this delivery, without prejudice to the fourteen (14) day withdrawal period. In case of non-conformity or hidden defect found, the Client returns the defective Product to the Company. In all cases, legal deadlines will apply.
8.2. Guarantee of Conformity. The guarantee of conformity is a legal guarantee that applies outside of any commercial commitment. The Client has a period of two years from the delivery of the Product to act under the legal guarantee of conformity. In this case, the Client chooses between its repair or replacement. However, if this choice entails a manifestly disproportionate cost in relation to the other possible modality, given the value of the goods or the importance of the defect, the Client's choice may be disregarded.
8.3. Guarantee Against Hidden Defects. The guarantee against hidden defects is a legal guarantee that applies outside of any commercial commitment. The Client may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this hypothesis, the Client can request the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. In all cases, the item in question may be subject to analysis directly by the manufacturer, whether it is the Company or a third party.
8.4. Legal Provisions. By accepting the GTC, the Client attests to having taken note of the following legal provisions:
Article L. 217-4 of the Consumer Code: "The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, the assembly instructions, or the installation if it was charged to them by the contract or was carried out under their responsibility."
Article L. 217-5 of the Consumer Code: "The good is in conformity with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
if it corresponds to the description given by the seller and has 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 can legitimately expect in view of the public statements made by the seller, by the producer or their representative, particularly in advertising or on labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted."
Article L. 217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."
Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to them at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining duration of the guarantee.
This period runs from the buyer's request for intervention or the provision for repair of the good in question, if this provision is later than the request for intervention."
Article 1641 of the Civil Code: "The seller is liable for the guarantee due to the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if they had known them."
Article 1648 of the Civil Code: "The action resulting from the redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
In the case provided for in article 1642-1, the action must be introduced, under penalty of foreclosure, within one year following the date on which the seller can be discharged from the visible defects or lack of conformity."
• WARRANTY CONDITIONS
All items are subject to a contractual warranty, which does not impede the legal warranty provided by articles 1641 and following of the Civil Code or the obligation to deliver a product conforming to the specifications outlined in the ordinance of February 17, 2005.
The items are guaranteed for one year from the invoice date, against any material or manufacturing defect.
The invoice and/or the delivery slip issued with your order serve as a warranty. A copy must be attached in case of a return of an item; we will examine the returned product and, if the client's claim is covered by this contractual warranty, Bob Nation commits to replacing the product with the same item or a comparable item for free.
Finally, the contractual warranty does not apply in the case of inappropriate use or modification of the product, intentional damage by the client, or if the product has suffered external damage such as falls, impacts, fire, etc.
Article L.211-4 of the Consumer Code
The seller is obligated to deliver a product conforming to the contract and is responsible for any lack of conformity existing at the time of delivery.
They are also responsible for defects in conformity resulting from packaging, assembly instructions, or installation when it was charged to them by the contract or was carried out under their responsibility.
Article L.211-5 of the Consumer Code
To conform to the contract, the product must:
Be suitable for the use usually expected of a similar product and, if 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; present the qualities that a buyer can legitimately expect given the public statements made by the seller, producer, or representative, particularly in advertising or labeling; or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by them.
Article L.211-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the product.
Article 1641 of the Civil Code
The seller is liable for the warranty due to hidden defects in the item sold that 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 have given a lower price if they had known them.
Article 1648 of the Civil Code - first paragraph
The action resulting from redhibitory defects must be initiated by the buyer within two years from the discovery of the defect.
• RETURN CONDITIONS
9.1. Address. Products must be returned to the address communicated when contacting us at the following email address: contact@the-babyguard.com. The return will be made through the service of a provider, which is Mondial Relay. The Client is asked to include in their return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid at the time of the Order, as well as the withdrawal form or any other unequivocal statement regarding the exercise of the right of withdrawal, a legal or, if applicable, commercial warranty, justifying the return of the Product.
9.2. Condition. The Client can return the product in its original packaging or in another packaging, provided that all precautions are taken to ensure that the product is packaged and protected as much as it could be in its original packaging so that it does not suffer any damage during transport. Any Product damaged relative to the state in which it was sent, incomplete, or whose packaging has been deteriorated cannot be subject to any return, exchange, or refund to the Client. Notably, any Product damaged or showing new signs of wear and/or odors cannot be returned, including on the basis of the right of withdrawal.
9.3. Return Costs. The return costs are the responsibility of the Client, including in the case of exercising the right of withdrawal.
9.4. Refund. After receiving the Product, the Company proceeds with the full refund of the price of the returned Product, excluding delivery costs (unless otherwise mentioned in the GTC, or when the law provides for this refund). In the case of an Order of several Products and the return of only part of the Order, the refund of the delivery costs is done in proportion to the number of Products ordered and returned under the conditions provided. Unless the law provides otherwise, only products that (i) are returned with their original packaging and labels and (ii) have not been used or worn (for textiles) will be refunded. In the case of a return that does not respect the legal and/or commercial conditions provided, no refund can be claimed and the Client will remain the owner of the returned product, which they can collect directly from the Company, or which will be sent back to them at their expense within a maximum period of one month, following the notification of the refusal of the refund by the Company.
• ACCESS TO THE SITE
10.1. Access to the Site. The Site is accessible free of charge to anyone with Internet access. All costs associated with accessing the Site, whether hardware, software, or Internet access costs, are exclusively the responsibility of the User. The Company cannot be held responsible for material damage related to the use of the Site. Furthermore, the User commits to accessing the Site using recent equipment, free of viruses, and with an updated latest generation browser. The User is solely responsible for the proper functioning of their computer equipment as well as their access to the internet.
10.2. Maintenance. The Site may undergo maintenance operations. For this purpose, the Company reserves the right to interrupt, temporarily suspend, or modify without notice access to all or part of the Site in order to ensure its maintenance (including through updates) or for any other reason, without the interruption entitling to any obligation or compensation.
10.3. Contractual Responsibility. The Company implements all reasonable means at its disposal to ensure continuous and quality access to the Site, but is under no obligation to achieve this. Notably, the Company cannot be held responsible for any malfunction of the network or servers or any other event beyond its reasonable control, which would prevent access to the Site.
10.4. Registration on the Site. The Company may provide for a registration procedure on the Site to access a User space. The login details allow any User registered on the Site to access information about their account and order. Any login information provided by the Company to the User is strictly personal, individual, confidential, and non-transferable. The User will be responsible for any unauthorized, fraudulent, or abusive use of their login details. The User is invited to contact the Company if they have not received or have misplaced the information allowing them to log in so that it can be resent to them.
10.5. Loss of Credentials. The User will immediately inform the Company of the loss or theft of their login credentials. In the event of a proven violation of the Site access conditions, the Company reserves the right to suspend access to the Site, without compensation, notice, or prior information. The subsequent provision of Credentials releases the Company from any liability towards the User, who cannot hold it responsible for any unavailability of the Site.
• PERSONAL DATA PROTECTION
The Company respects the privacy of its Users and Clients. It commits to ensuring that the collection and automated processing of your data, aimed at providing and improving the Site, commercial prospecting, managing Orders, contracts, and the delivery of Products, carried out from the Site are in compliance with the General Data Protection Regulation (GDPR) and the Data Protection Act in its latest version.
Information requested in the forms available on the Site, marked with an asterisk, is mandatory and necessary for the management of requests. Failure to respond in a mandatory field will prevent the Company from processing the Users' requests.
Personal data of individuals will not be retained beyond the duration strictly necessary for the purposes indicated. Some data that can establish proof of a right or a contract may be subject to an intermediate archiving policy for a duration corresponding to the prescription and foreclosure periods of possible judicial or administrative actions.
Every User is informed and accepts that the Site may include technical devices that allow monitoring the use (connected user account, IP address, type of applications used, various connection and usage logs to the User account, etc.) and are likely to be used in the context of anti-counterfeiting efforts, and/or to identify and/or prevent any illegal or non-compliant use of the Site.
In accordance with the Data Protection Act and the GDPR, anyone concerned by the processing carried out by the Company has, according to the applicable law, a right to access, rectify, limit processing, oppose processing, portability, erase their data, and not to be subject to an automated decision, including profiling. If applicable, the concerned person also has the right to withdraw their consent at any time.
Any request to exercise these rights can be sent by email to info@bob-nation.com. Anyone concerned by a processing has the right to file a complaint with the National Commission on Informatics and Liberty.
The Client's telephone details may be requested by the Company in the context of an Order. Consumer Clients who do not wish to be the subject of commercial solicitation by telephone are informed that they can register for free on a list opposing telephone canvassing called "Bloctel" (more information on bloctel.gouv.fr). When the Client is registered on this list, the Company does not conduct telephone canvassing and may contact the Client by telephone only for solicitations occurring in the context of executing an ongoing Order and related to the object of this Order.
For more information on automated data processing and how to exercise rights, any User can consult the privacy policy accessible at any time on the Site and information on cookies used by the Company.
• PARTNER SITES – HYPERTEXT LINKS
The User may access, through hypertext links present on the Site, the sites of Partners or third parties, which are not subject to these GTC. Consequently, the User is invited to take note of the general terms of use or sale as well as privacy policies or any other legal information applicable to these third-party sites.
The User is informed that the Site may require access to other sites, designed and managed under the responsibility of third parties. The Company exercises no control over the contents of said sites and declines any responsibility concerning their content and the use made by any third party of the information therein. This clause applies to any content of Partners.
If a third-party site directs its users to the Site, the Company reserves the right to request the removal of the hypertext link pointing to the Site if it deems that this link is not in accordance with its rights and legitimate interests.
• FORCE MAJEURE OR FORTUITOUS EVENT
The execution of the Company's obligations under these terms is suspended in the event of a fortuitous case or force majeure that would prevent its execution. This suspension may concern all or part of the Order. In this case, the Company will notify the Client of the occurrence of such an event as soon as possible and of the estimated duration of the suspension. Only a definitive impediment will result in restitution. If the definitive impediment is partial, only partial restitution will be granted.
Under the conditions provided by law, Clients expressly accept that they cannot invoke a case of force majeure to postpone a payment (of an invoice, for example) of a Product or refuse the delivery of an Order placed.
Cases of force majeure or fortuitous events are considered, in addition to those usually recognized by the jurisprudence of courts and tribunals and without this list being restrictive: strikes or social conflicts internal or external to the Company, natural disasters, fires, interruption of telecommunications, epidemics and pandemics, interruption of energy supply, interruption of communications or transport of any type or any other circumstance beyond the reasonable control of the Company.
The Company's liability cannot be engaged in any case due to difficulties encountered by the User or Client in accessing the Site due to a technical or software failure or any other cause foreign to it. The Client acknowledges being informed of the technical uncertainties inherent to the Internet and the mobile network and the malfunctions that may result. Consequently, the Company cannot be held responsible for any unavailability, slowdowns, or failures of the Internet network or any computer solutions, except in the case of proven negligence on its part.
• INTELLECTUAL PROPERTY
The Company or its Partners hold all intellectual property rights related to the Site and the Products. These intellectual property rights particularly, but not exclusively, include all content, texts, images, videos, graphics, logos, icons, sounds, software appearing on the Site and/or the Products.
Access to the Site and/or the purchase of a Product does not grant any rights to the User or Client over the intellectual property rights relating to the Site and Products. The User may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way, all or part of the Site or the Products in violation of the intellectual property rights holders' rights.
Unauthorized exploitation of the Site or the Products by the Company or its Partners, in any form, may be subject to appropriate action, including an interruption of access to the Site or a lawsuit for infringement.
All distinctive signs used by the Company are protected by law, and any unauthorized use by the Company may lead to legal proceedings.
Non-compliance with the intellectual property of the Company or its Partners will be considered a serious fault by the User or Client, causing harm to the Company, which reserves the right, in such cases, to claim any damages.
• CLIENT REFERENCES AND COMMUNICATION
15.1. Client Reference. The Client may be approached by the Company to be cited as a purchaser of a Product. With the Client's agreement, the Company may be authorized to mention the Client's name, their review of the Product, and an objective description of the nature of the Product sold in its reference lists and proposals to its prospects and clientele, including on the Site, for promotional and advertising purposes, during interviews with third parties, communications to its staff, internal management documents, as well as in the event of legal, regulatory, or accounting provisions requiring it.
15.2. Exploitation Authorization. When the Client sends writings, videos, and/or photographs to the Company to give their opinion or testimonial on the Product provided by the Company, and where applicable, makes comments or publications concerning the Company (for example, on its social networks), to which their identifier and profile photo are attached, then the Client authorizes the Company to use these contents for the promotion of its commercial activities. The contents may be protected by image rights and/or copyright, and in this case, the Client grants the Company the possibility to adapt them (in form) and reproduce them on all media, particularly by presenting them as a commercial reference and/or as a review. For example, the Company may take screenshots of publications on social networks concerning it or the Product delivered to the Client, and reproduce them on the Site as reviews.
The Client acknowledges being fully vested in their rights and cannot claim any compensation for the exploitation of the rights covered by this paragraph. These rights are granted for the lifetime of the concerned Client, extended by a duration of 70 years, and for the whole world. The Company reserves the right to submit any other request for authorization for shooting and transfer of rights to the Client, for all cases not provided for in the present or on a one-off basis.
The Company reserves the right to submit to the Client any other request for authorization of photography and transfer of rights, for all cases not provided for herein or on a one-off basis.
15.3. Events. The provisions of the previous paragraph apply similarly to videos and photographs taken during any type of event (public, client-exclusive, etc.) organized or co-organized by the Company. Recordings may be captured and published by the Company, including on social networks. If the Client does not wish to appear in any potential publication of the images, they are advised to position themselves at the back of the room, not participate in group photos, and avoid gesturing to the photographer/cameraman in whose field they may be placed.
• EVOLUTION OF GENERAL CONDITIONS
The Company reserves the right to modify the terms, conditions, and notices of the GTC at any time and without notice in order to adapt them to the developments of the Site or the evolution of its offers. The applicable conditions are those accepted by the Client and sent to the Client in the case of distance selling by any means of communication on a durable medium.
Modifications to the GTC made by the Company will not apply to Orders already placed, except for clauses related to the technical evolution of the Site, provided that this does not result in a price increase or alteration of the quality or characteristics to which the non-professional or consumer Client has conditioned their commitment.
The Client may also be invited to accept the modified GTC and, failing that, the last GTC that was accepted will continue to apply until the Product is effectively delivered. In case of impossibility for the Company to continue the execution of the Contract under the previous conditions, the Client has the option to request termination and reimbursement.
• LIABILITY
17.1. Liability of Users and Clients
The User or Client is solely responsible for the interpretations they make of the information provided under the contents of the Products, the advice they deduce or have been provided, and the adaptations made for their own activities. The use of the information is under the sole responsibility of the Client and at their own risk, which the Client expressly accepts.
When the Product is delivered with an instruction manual or any usage guide, including by referral to a URL link, the Client commits to reading it and using the Product in accordance with the provided recommendations.
In exchange areas, the Client assumes, as a publisher, the responsibility for communicating information to the public and the editorial responsibility for all their communication, both physical and online, including but not exclusively on their website, blogs, pages, and social media accounts. The Client is solely responsible for the quality, legality, and relevance of the data and content they transmit to the public.
17.2. Limitation of Liability towards Professional Clients
Regardless of the type of Product ordered by the professional Client, the Company's liability is expressly limited to compensating for direct damages proven by the professional Client. In no case can the Company be held liable for indirect damages such as data loss, file(s) loss, loss of operation, commercial damage, loss of profits, damage to the professional Client's image and reputation.
Similarly, the Company cannot be held liable for direct and indirect damages caused to the User's equipment when accessing the Site, resulting either from the use of equipment not meeting the specified conditions or from the appearance of a bug or incompatibility.
IN ANY CASE, THE LIABILITY OF THE COMPANY IS CAPPED TOWARDS PROFESSIONALS AT THE AMOUNT OF THE PRICE PAID EXCLUDING TAXES BY THE CLIENT IN EXCHANGE FOR THE SUPPLY OF THE PRODUCT WITHIN THE FRAMEWORK OF WHICH THE DISPUTE ARISES. THIS AMOUNT IS UNDERSTOOD AS THE MAXIMUM THAT THE COMPANY COULD BE LIABLE TO PAY AS COMPENSATION (DAMAGES AND INTERESTS) AND PENALTIES, REGARDLESS OF THE HEADS OF ALLEGED DAMAGES AND LEGAL GROUNDS RETAINED UNLESS THE LAW OR JURISPRUDENCE OPPOSES IT.
• GENERAL
The GTC and all purchase and sale operations referred to therein are governed by French law. The GTC and the Site are written in the French language. In the event they are translated into one or more languages, only the French text shall prevail in the event of a dispute.
In the event that a clause of the GTC proves to be null, inapplicable, unenforceable, or of no effect, this will not lead to the nullity of the GTC and the validity of the other provisions will not be affected.
The temporary or permanent non-application of one or more clauses by the Company does not constitute a waiver on its part of the other clauses of these GTC which continue to produce their effects.
The Client accepts that the Company may assign this contract to its affiliated companies or to a purchaser without their prior agreement, as long as this assignment does not lead to a reduction in the rights of the consumer Client.
• DISPUTES
19.1. Amicable Resolution. In case of a dispute, the Client will first contact the Company to attempt to find an amicable solution.
19.2 Mediation.
In case of difficulty in executing the Contract, the consumer Client residing in Europe has the possibility, before any legal action, to request the intervention of a consumer mediator identifiable on the site https://www.economie.gouv.fr/mediation-conso
The mediator will attempt, in complete independence and impartiality, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse the use of mediation and, in case of recourse to mediation, to accept or refuse the solution proposed by the mediator. In this context, any European consumer can contact the Online Dispute Resolution Platform (ODR) accessible from the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage.
Return Policy
WARRANTY - RETURNS - REFUNDS - WITHDRAWAL
Items provided by https://the-babyguard.com are new and guaranteed against any defect. They are identical to those of traditional trade and come from all the referenced publishers and suppliers.
Our policy lasts 14 days. If 14 days have elapsed since your purchase, unfortunately, we cannot offer you a refund or exchange.
Products must be returned to the address communicated when contacting us at the following email address: contact@the-babyguard.com. Returns will only be made through the service of a provider, which is Mondial Relay. Return costs are the responsibility of the client. The Client is asked to include in their return package a copy of the Order confirmation letter in A4 format or a handwritten document indicating the Order number and the amount paid at the time of the Order, as well as the withdrawal form or any other unambiguous statement regarding the exercise of the right of withdrawal, a legal or commercial warranty if applicable, justifying the return of the Product.
If an item happens to be defective or non-compliant, the buyer has 14 working days, from the receipt of the items, to request an exchange or refund. If the period of fourteen (14) days normally expires on a Saturday, Sunday, or public holiday, it is extended to the first working day following.
The customer must return the new or unconsumed items in their entirety and in their original packaging, intact, accompanied by all possible accessories, instructions for use and documentation (in its original cellophane packaging imperatively and with the corresponding invoice). In such a situation, the buyer must send proof of the defect(s) to contact@the-babyguard.com.
In the event of exercising the right of withdrawal, THE BABYGUARD is obligated to refund the sums paid by the client, without any fees, except for the return costs. The refund is due within a maximum period of 14 working days from the date of receipt of the returned package(s).
Other items that cannot be returned:
Gift cards
Downloadable software
Certain health and personal care products
To make a return, you must present a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only a partial refund is granted: (if applicable)
Books with obvious signs of use.
CD, DVD, VHS tape, software, video game, cassette, or vinyl record that has been opened.
Any item that is not in its original condition, is damaged, or is missing parts for reasons not due to our error.
Exchanges (if applicable)
We only replace an item if it is defective or damaged. If you wish to exchange it for the same item, please send us an email at contact@TheBabyGuard.com.
The return shipping costs remain at your expense.
In the event of a refund, we guarantee that it is made within a period of 14 days or less following the date of receipt of the returned package. No shipments on delivery will be accepted, regardless of the reason.