Before confirming your order and paying online, please read the following carefully. The validation of the order by the buyer implies full acceptance of the Terms and Conditions below.
1 - FIELDS OF APPLICATION
These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded between the 5site store) www.sababe.com belonging to the company SABABÉ Sarl, or "Nous", Limited Liability Company with a capital of 40 000 €, the registered office of which is located at 33 rue du 1er CUIRASSIERS 68000 COLMAR FRANCE, registered in the Trade and Companies Register of COLMAR TI 838 920 098, SIRET 838 920 098 00012 and having as an intra-community VAT number FR 52 838 920 098, and the purchaser hereinafter referred to as "You" or the "Customer" wishing to make a purchase of products on www.sababe.com, hereinafter referred to as the "Site", for the purchase of goods, hereinafter called the "Products", to be delivered in metropolitan France, the islands of the metropolis, and international.
These conditions apply to the exclusion of all other conditions.
By placing an order through the website www.sababe.com, you guarantee to be at least 18 years old and have the legal capacity to contract.
These Terms and Conditions of Sale are important to both you and us because they protect your rights as a consumer and our rights as a merchant.
If a condition were to fail, it would be considered by common agreement, as to be governed by the practices in force in the distance selling sector, applicable to companies whose head office is in France.
SABABÉ reserves the right to modify at any time these Terms and Conditions of Sale. The possible modifications are opposable to the users of the Site as of their on line and can not apply to the transactions carried out previously.
The General Conditions of Sale have been updated on 27/09/2018
2 - PRODUCTS AND PRICES
2.1 - Presentation of Products
The Products offered on the SABABÉ Website are presented in accordance with the legal requirements and described with the greatest possible accuracy.
Each Product will be the object of a descriptive card which will be able to contain: a photograph, the price, the sizes and colors available, the composition, as well as a short description of the Product.
For technical reasons (photographic and computer), the actual rendering of the Products (including color) may sometimes differ slightly from that of the photos presented on the Site. The Customer is invited to refer to the description of each Product to know the precise essential characteristics.
The photographs, drawings, videos or other presentations of the Product of any nature, are only indicative and do not enter the contractual field. As a result, SABABÉ can not be held liable if errors or omissions occur in this presentation, as these do not affect the essential characteristics of the Products.
If in doubt or for further information, the Customer may contact SABABÉ's customer service by e-mail at email@example.com
2.2 - Availability of Products
The Products are offered for sale as long as they are visible on the SABABÉ Website.
Our offers of Products are valid only within the double limit of the validity period of the offer concerned and the stocks available. In case of momentary unavailability, we will have to specify a new delivery time. If you prefer, you can in the conditions and following the legal conditions, ask for the cancellation or the modification of your order. You can contact us to check the availability of the Products before placing an order: firstname.lastname@example.org.
In accordance with the provisions of Articles L216-2 and L216-3 of the Consumer Code, in the event of unavailability of the Product, SABABÉ Customer Service will refund the price of the unavailable Product or the order.
The date of registration of the order corresponds to the date of payment by credit card online with the secure payment terminal of our partner.
2.3 - Product Prices
The prices of the Products are indicated in Euros and include VAT. Any change in the rate of T.V.A. will be reflected immediately on our prices.
Prices are in $ and £ as an indication. The exchange rate is indicative. SABABÉ can not be held responsible for rate variations and therefore prices expressed in $ or £
The prices of the Products are those appearing on the Site at the time of its consultation by the Customer. The commercial offers and associated markdowns are those appearing on the Site at the time of its consultation by the Customer. They are guaranteed subject to typographical error or manifest printing.
The prices quoted for each Product on the Site are guaranteed for the duration of online publication, and consequently for the duration of your connection to our Site.
Nevertheless, in case of obvious error of price and / or application of the promotion rules (price obviously paltry compared to the real value of the Product) and for whatever reason (computer bug, manual error, error technical), the validated order may be canceled by SABABÉ.
The prices of the Products are exclusive of delivery charges and other processing fees related to the Buyer's order. The amount of the delivery costs is indicated to the Customer in the page "Delivery and Return" (Delivery Conditions) available at the bottom of the Site or point 5 hereof C.G.V.
For customers wishing to be delivered outside Europe, the prices are excluding VAT (without French VAT) and it is his responsibility to pay the VAT of the country of delivery, as well as other taxes and customs fees.
The Products remain the property of SABABÉ until full payment of the price by SABABÉ.
2.4 - Commercial offers
Promotional codes are offered by SABABÉ, applying only to the Products on sale on the Site according to our Conditions of the offers.
Any promotional code, to be valid, must be entered on the basket, before validation of the order.
Promotional codes do not apply to delivery charges, and can not be combined with other codes, offers, sales, or promotions in progress. Only one promotional code can be used per order.
Similarly, if a Product has been purchased on the Site before being the subject of a promotional offer, SABABÉ will in no case refund the difference in price.
2.5 - Intellectual property rights
All illustrations, images, characters, styles of presentation, graphics, presented on the sababe.com site are reserved under the copyright and intellectual property of SABABÉ. SABABÉ is an internationally registered trademark.
Users are informed that the Site, its architecture and its content (including all the information accessible under the Service, in particular in the form of texts, photos, images, sounds, data, databases and downloadable programs, including the underlying technology), Trademarks and logos, Products and names of collections and Products are protected by the trademark rights, intellectual and / or industrial property rights that SABABÉ holds. The only right granted to any User is to temporarily receive on his equipment, all or part of the Site, for the purpose of visiting it. Users may not under any circumstances store offline, reproduce, represent, modify, transmit, publish, adapt on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever, the elements of the Site and the Site itself, without the prior written permission of SABABÉ ..
Users must respect all the information relating to the intellectual property rights and other rights of SABABÉ on the Site and not alter, delete, modify or use them without the prior written authorization of SABABÉ or otherwise reached. Reproduction of any document published on the Site is only authorized for the sole purpose of information for personal and private use, any reproduction or any use of copies made for other purposes is expressly prohibited. Any reproduction and / or use without the prior and express agreement of SABABÉ will constitute infringement and will be prosecuted and punished in accordance with the title of the Intellectual Property and from an INTERNATIONAL point of view. It may also lead to prosecution for unfair competition and parasitism.
3 - ORDER
3.1 - Prior identification
Any order implies a prior knowledge and an unconditional acceptance of the General Conditions of Sale.
For any first order placed on the Site, the Customer must create an account using a valid email address or the number of his loyalty card SABABÉ, as well as a password.
Registration on the SABABÉ Website is effective as soon as the Customer clicks on the "Validate" button.
On the occasion of subsequent orders, the Customer may access his account by entering his username and password.
The Customer is fully responsible for his username and password and undertakes to ensure confidentiality.
3.2 - Validation of the order
Once the basket has been validated, the Customer will be able to choose the address and method of delivery, and validate the payment, this last stage formalizing the sales contract with SABABÉ.
Any order validated by clicking on the button "Validate payment" during the ordering process constitutes an irrevocable adhesion to the present General Conditions of Sale.
The company SABABÉ will acknowledge receipt of the order as soon as it is validated by e-mail. This information includes all the elements of the order, as well as a link to these Terms and Conditions.
In certain cases, notably for non-payment, wrong address or any other problem related to your account, SABABÉ reserves the right to block the Customer's order until the problem is solved.
For technical and logistical reasons, any order made on the Site can not be modified or canceled.
4 - TERMS OF PAYMENT AND CONFIDENTIALITY
SABABÉ implements all necessary means to ensure the security and confidentiality of the data transmitted on the site www.sababe.com. For this purpose, the website www.sababe.com uses a system of remote payment and encryption of data in SSL (Secure Socket Layer) mode that never pass in clear on the network.
The payment is made in Euros exclusively through the Site, in full to the order, by credit card: Carte Bleue, Visa, Mastercard, Paypal (for Paypal, possibility to pay in international currency). The Customer's bank account will be charged the amount of the order, as of the final validation of the transaction. The protection of your bank data is provided by our secure online payment partner. We do not register your banking information at any time.
SABABÉ reserves the right to refuse to honor any order in the event that there is a dispute over the payment of a previous order
5 - DELIVERY CONDITIONS
5.1 - Delivery address
Geographical area covered, delivery time, transport and risks:
Geographic coverage of the France and International offer, with the exception of countries where rights may include prohibitions or restrictions by application of public order rules for the protection of consumers.
SABABÉ declines all responsibility concerning late delivery if the Customer has indicated an incomplete or incorrect address, is absent at the time of delivery or has not removed his package at the post office or at the address given by the carrier within the deadline meant for that purpose.
The Customer can follow the evolution of his shipment from the tracking number sent by email.
5.2 - Modes and delivery times
The estimated time of dispatch of the package from the date of placing the order is 2 to 6 working days (depending on the chosen carrier) for France and 3 to 8 days for the International (depending on the chosen carrier ).
The maximum time on which we promise to deliver (articles L.111.1 and L216-1 of the Code of consumption) is three weeks from the registration of your payment by credit card to the order.
The provision of the parcel relay point will be notified by email.
Orders placed on a Saturday, Sunday or public holiday will be taken into account the next business day.
In the event of holidays, periods of heavy activities such as sales, bad weather, exceptional closures or traffic ban, the processing and delivery times may be extended.
In case of exceeding the delivery period, not justified by force majeure, the Customer may request the resolution of the sale under the conditions provided for in Article L. 114-1 of the Consumer Code and obtain reimbursement both that this one was not received, in accordance with the conditions of the article L. 121-20-1 of the Code of the Consumption. When the right of withdrawal is exercised, the trader is obliged to reimburse the consumer for all the sums paid, as soon as possible and at the latest within 14 days following the date on which this right was exercised.
For delivery to Home, Point-Withdrawal or Post Office, delivery charges are calculated based on the weight of your items and the delivery method after validation of your basket. Home delivery or point withdrawal is also free from 150 € * (after deduction of discounts). To ensure a better follow-up, a mobile phone number will be requested on the delivery page.
* Free delivery for all orders in France.
- Colissimo home delivery (without signature):
The Customer has the opportunity to enter the delivery address of his choice, delivery being provided by our partner La Poste Colissimo. He can modify it until the validation of the order. The name given in the delivery address must be identical to the name of the mailbox. For deliveries other than at home, the name of the company or the person receiving the parcel will be given before the validation of the order. The delivery of the package will be made to the delivery address validated during the order. After validation, the delivery address can not be modified.
The average delivery time is 2 to 3 working days from the dispatch of the order, except Saturday, Sunday and holidays.
The Customer is notified by email of the passage of the factor the day before delivery. In case of absence, the Customer is responsible for recovering the package from the departments concerned within 10 working days. After this period, the package will be automatically returned to SABABÉ. The order is then canceled and refunded, the Customer is informed by email.
In the event of an error in the wording of the Customer's details, SABABÉ can not be held responsible for the impossibility of delivering the ordered Products.
- Delivery in Point Relais® Mondial Relay:
The Customer has the opportunity to be delivered to one of the Relais Points® offered by our partner Mondial Relay.
The average delivery time is 3 to 5 working days from the dispatch of the order, except Saturday, Sunday and public holidays.
Upon receipt of the package at the Point Relais®, you are informed (e) of the availability of your package by e-mail the Customer has 10 working days to recover his order, with his ID. After this period, the package will be automatically returned to SABABÉ. The order is then canceled and refunded, the Customer is informed by email.
In case the Point Relais® is saturated or closed, the package is automatically routed to the nearest point of withdrawal depending on availability. The Customer will be informed by the carrier by email.
After validation of the order, the delivery address can not be modified
- Delivery at home Delivengo (La Poste) (without signature) up to 2 Kg.
- Home delivery Colissimo (La Poste) (without signature) from 2 Kg to 5 Kg.
ZONE 1: European Union: 28 countries
ZONE 2: Switzerland + Rest of the World
The Customer has the opportunity to provide the delivery address of his choice, delivery being provided by our partner La Poste Delivengo. He can modify it until the validation of the order. The name given in the delivery address must be identical to the name of the mailbox. For deliveries other than at home, the name of the company or the person receiving the parcel will be given before the validation of the order. The delivery of the package will be made to the delivery address validated during the order. After validation, the delivery address can not be modified.
The average delivery time is from 3 to 8 working days after shipping the order, except Saturday, Sunday and public holidays.
The Customer can follow the evolution of his shipment from the tracking number sent by email. In the event of absence, the Customer is notified of the passage and will be able to recover the parcel from the services concerned within a period which may be different depending on the country concerned.
After this period, the package will be automatically returned to SABABÉ. The order is then canceled and refunded, the Customer is informed by email.
In the event of an error in the wording of the Customer's details, SABABÉ can not be held responsible for the impossibility of delivering the Products ordered.
Any customs fees will be charged to the customer.
For any shipment above 5 kg, thank you to contact us by email: email@example.com
5.3 - Delivery Tracking
After validation of the payment, an order number is assigned to the Customer: the order is then registered. We advise you to print the order number and keep it. You can follow the steps of its treatment at any time within your customer area on "My Account".
The Customer must provide a valid email address, failing which SABABÉ can not be responsible for the consequences thereof. At any time, the Customer may update his data in his personal area.
In case of delayed shipment, an email information will be sent as soon as possible to the Customer.
In case of prolonged delay of your delivery, we invite you to report it to our Customer Service as soon as possible. We will then contact the postal services to open an inquiry.
5.4 - Verification of the condition of the Products
At the time of delivery, SABABÉ invites the Customer to carry out any necessary examination to detect any damage, missing, defects or other apparent defects or nonconformity of the Products delivered to his order. The Customer must notably check the condition of the packaging, the number of packages and the Products in their quantities, their references, their condition and their characteristics.
The Customer is strongly advised to notify the carrier of any reservations on the packaging and, if applicable, the condition of the Products (eg open and / or damaged package).
If the delivery person has not left the possibility to check the condition of the package, the Customer must report in writing the situation in detail to the carrier no later than three days, excluding holidays, from the expected delivery date of the package. After this period, no claim may be taken into account by the carrier.
In the event of default or non-conformity of the Products, SABABÉ invites the Customer to refer to the article
6 - RETURNS
6.1 - Exercise of the right of withdrawal
To exercise his right of withdrawal, the Customer must notify SABABÉ of its decision to cancel the order by means of an unambiguous declaration by e-mail.
The Customer can use any unambiguous declaration and send it to the following address: firstname.lastname@example.org, mentioning his order number.
To organize his return, the Customer must also go to his personal space to access the details of his order to register his return request. He can then print his return slip, to be included in the package. This document is essential for the return to be processed.
The Customer must carefully prepare the return package. The Products must be returned in their original packaging with their labels not detached, and in perfect condition before being placed in the package. Upon receipt of the package, we will conduct a quality control of the returned goods. The return will not be accepted if the product is worn, soiled, damaged and / or if it is rendered unfit for further marketing. In case of non-compliance with the return procedure, the refund can not be made and you will be informed by email.
Return costs will be the sole responsibility of the Customer.
The Customer must then return the entire order and its return, no later than 14 days after the date of delivery of his order, to the following address:
33, rue du 1er CUIRASSIERS
The Customer will not be able to exercise his right of withdrawal if the returned Products are unfit for a new commercialization due for example to a manifest degradation.
6.2 - Refund
In case of implementation of the right of withdrawal, SABABÉ will reimburse the Customer for the price of the Product (s) concerned.
In case of partial return of the Products ordered or error on the delivery address by the Customer, the initial delivery costs will not be refunded.
The deadline for reimbursement shall be no later than 14 days from the date of receipt of the Products, provided that SABABÉ has received the Product (s) in perfect condition, in its original packaging (s). and equipped with all his (their) accessories.
The refund is always made according to the initial payment method used at the time of purchase. If you have a deferred debit card or a credit card, this operation will be taken into account under the usual conditions of your debit.
7 - PERSONAL DATA
The personal information provided by the Customer is essential for the processing and delivery of its orders, as well as for the preparation of invoices. The absence of this information leads to the cancellation of the order. These data are used internally SABABÉ. The Customer registering on the Site, undertakes to provide true, sincere and untainted information. Any communication of false information is contrary to these Terms and Conditions.
The processing of the Customer's information is done in accordance with the "Informatique et Libertés" Law No. 78-17 of 6 January 1978 as amended, as well as with the General Data Protection Regulation 2016/679 of 27 April 2016.
The Customer has a right of access, modification, correction and the right to lodge a complaint with a supervisory authority, the right to the limitation of processing, the right to the deletion of data as well as the right to the portability of the personal data concerning him in his personal space "My Account", by contacting SABABÉ:
- electronically using the contact form available on the Site, or directly to: email@example.com
- by mail to the following address: SABABÉ - 33 Rue du 1Er Cuirassiers - 68000 COLMAR - FRANCE
The portability of the data is however limited to those transmitted voluntarily by the customer, by filling a form for example, or those generated, because of its activity, like the history of the purchases or the recording of data of connection during its navigation on the merchant site.
Personal data that is derived, calculated or inferred from the data provided by the data subject, such as the profile of a user created through the analysis of raw data produced by a "smart" meter, are excluded from the right to portability, to the extent that they are not provided by the data subject but created by the organization.
The Customer also has the right to oppose, for legitimate reasons, the computerized processing of data concerning him.
8 - GUARANTEES AND RESPONSIBILITIES
8.1 - Warranties
The Products presented on www.sababe.com benefit from the legal guarantee of conformity (article L 211-4 and following of the Code of the consumption) and the guarantee of latent defects (article 1641 and following of the Civil Code). Any guarantee is excluded in the event of damage of external origin or consequent to abnormal or inappropriate use, negligence or lack of maintenance on the part of the Customer (In particular, you must respect the conditions of maintenance and cleaning, such as 'indicated on the Products).
Article L217-4 of the Consumer Code
"The seller is obliged to deliver a good in accordance with the contract and responds to defects of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility. "
Article L217-5 of the Consumer Code
"To be in conformity with the contract, the property must:
1 ° Be fit for the usual expected use of a similar good and, where appropriate:
- Correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
- Present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted. "
Article L217-7 of the Consumer Code
"Deficiencies of conformity that appear within twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. "
Article L217-12 of the Consumer Code
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Article 1641 of the Civil Code
"The seller is bound by the guarantee by reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them. "
Article 1648 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. "
8.2 - Responsibilities
SABABÉ can not be held liable for damages resulting from the misuse of the Product (s) by the Customer or in case of force majeure.
In the same way, any fact qualified of force majeure, within the meaning of the jurisprudence of the Court of Cassation, totally exonerates SABABÉ of any responsibility.
Are considered as force majeure exemptions from responsibility all facts or circumstances irresistible, unpredictable and beyond the control of the parties, especially in case of natural disasters caused by floods or fires, riot, interruption in transport, act of public authorities, civil or military, which has the effect of preventing the normal execution of the order.
The responsibility of SABABÉ can not be held liable for any inconvenience or damage inherent to the use of the Internet and totally outside the diligences and precautions taken by SABABÉ. In particular, any disruption in the provision of the service or any external intrusion or presence of computer viruses, can not engage the responsibility of SABABÉ.
Upon the occurrence of such an event, SABABÉ will notify the Customer, and the execution time of the order will be extended throughout the duration of the event and its consequences. SABABÉ will endeavor to minimize the consequences of force majeure on the execution of the order. No compensation will be payable in case of delay or termination due to force majeure.
9 - TREATMENT OF CLAIMS
In case of complaint, the Customer must contact SABABÉ customer service as soon as possible electronically to the service address: firstname.lastname@example.org, mentioning its order number.
It is the Customer's responsibility to check the condition of the Products as soon as they are received. If a Product proves to be defective or damaged, or does not correspond to the order, the Customer must state in writing the situation in detail to the customer service, email@example.com, before returning it.
SABABÉ will then ask the Customer to return the Product. The Customer must attach to his shipment the return receipt for his order to print from his personal space.
Upon receipt of the returned Product, in case of proven defect or error in the preparation of order, SABABÉ will refund the price of the ordered Product and any initial delivery costs in case of return of the entire order. This refund will be made within 14 days of receipt of the Product (s) returned (s), by credit to the bank account of the Customer used to pay the order.
In case of return of a defective or damaged product, or not corresponding to the order, the return costs are the responsibility of SABABÉ, on sending a prepaid return label by mail.
If the opening of a postal survey is necessary (abnormal delivery time, undelivered parcels, etc.), the Customer must inform SABABÉ customer service as soon as possible, either using the contact form available. on the Site, either electronically to the service address firstname.lastname@example.org, without forgetting to mention its order number.
10 - APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions of Sale are subject to French law.
In case of dispute, an amicable solution will be sought before any legal action. Failing this, any legal action will be brought before the competent courts of the domicile of the defendant or the place of delivery or the jurisdiction of the registered office of SABABÉ.
In accordance with Article L.133-4 of the Consumer Code, the Customer is informed that he has the possibility to appeal, in the event of a dispute, to a conventional mediation procedure or any other alternative method of payment. litigation.
11 - LEGAL INFORMATION
Publisher of the site and seller of the products:
SABABÉ Sarl, or "Nous", a limited liability company with capital of
€ 40,000, the registered office of which is located at 33 rue du 1er CUIRASSIERS 68000 COLMAR FRANCE, registered in the Trade and Companies Register of COLMAR TI 838 920 098, SIRET 838 920 098 00012 and having as an intra-community VAT number FR 52 838 920,098.
The site is hosted by Cloud-It
62400 BETHUNE, France
Such. : +33 3 21 54 70 12