Terms of sale

Article n° 1 : Principes

The general terms and conditions of sale described hereafter detail the rights and obligations of the company Baobab, société à responsabilité limitée (SARL), and its customer within the framework of the sale of the following goods: Wholesale of clothing and footwear.

Any service provided by Baobab SARL implies the buyer's unreserved acceptance of these terms and conditions of sale.

All purchasers declare that they are registered as a professional company with an activity allowing the resale of the products displayed in our catalog.
All purchases require a minimum of 100 euros excluding VAT.

 

Article n° 2 : Price

The prices of the goods sold are those in force on the day the order is taken. They are denominated in euros and calculated exclusive of tax. Consequently, they will be increased by the VAT rate and transport costs applicable on the day the order is placed.
Baobab SARL reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
VAT is automatically added to the invoice, or exempted in the case of foreign customers (after receipt of the intra-Community VAT number).
 

Article n° 3 : Discounts and rebates

The prices quoted include any discounts and rebates that Baobab SARL may grant on the basis of its results or the buyer's assumption of responsibility for certain services, or from a certain amount agreed on the basis of the buyer's seniority.


Article n° 4 : Early payment

No discount will be granted for early payment.


Article n° 5 : Payment methods

Orders can be paid by :

  • cheque
  • credit card
  • bank transfer
  • cash

When registering an order, the buyer must pay the total amount of the invoice before receiving the goods.


Article n° 6 : Delayed payment

In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Baobab SARL a late payment penalty equal to three times the legal interest rate.
The legal interest rate is that in force on the day of delivery of the goods.

As of 1 January 2015, the legal interest rate will be revised every 6 months;(Order no. 2014-947 of 20 August 2014).
This penalty is calculated on the amount including tax of the sum still due, and runs from the due date of the price without the need for any prior formal notice.

In addition to the late payment penalties, any sum, including the deposit, not paid by the due date shown on the invoice will automatically give rise to the payment of a fixed penalty of 40 euros to cover collection costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.

All goods remain our property until paid for in full (Law of 12/05/1980).

 

Article n° 7 : Resolutory clause

If, within fifteen days of the implementation of the clause Delayed Payment, the buyer has not paid the outstanding sums, the sale will be cancelled by operation of law and may give rise to a claim for damages against the company. Baobab SARL.


Article n° 8 : Reservation of ownership clause

Baobab SARL retains ownership of the goods sold until full payment of the price, in principal and in accessories. In this respect, if the buyer is the subject of receivership or liquidation proceedings, Baobab SARL reserves the right to reclaim, within the framework of the receivership proceedings, any goods sold which remain unpaid.


Article n° 9 : Shipping

The delivery is made :

  • either by handing over the goods directly to the purchaser 
  • or by sending a notice to the purchaser that the goods are available in the warehouse
  • at the place indicated by the purchaser on the order form.
  • or by collection from a carrier indicated by the purchaser on the order form.

The delivery time indicated on the order form is given as an indication only and is in no way guaranteed.

Consequently, any reasonable delay in the delivery of the products shall not give rise to :

  • the award of damages
  • cancellation of the order.

The transport risk is borne entirely by the purchaser.
In the event of missing or damaged goods during transport, the purchaser must make all the necessary reservations on the order form upon receipt of the said goods. These reservations must also be confirmed in writing within 2 days of delivery, by registered letter with acknowledgement of receipt.

 
The Seller provides a telephone contact point (cost of a local call from a landline)
local call from a landline) indicated in the order confirmation email in order to follow up the order.
The Vendor reminds you that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to the Customer. It is the Customer's responsibility to notify the carrier of any reservations regarding the product delivered.
 

Article n° 10 : Refunds and returns

In accordance with Article L.217-4, the seller delivers goods that conform to the contract and is liable for any lack of conformity at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility.

In accordance with the legal provisions relating to conformity and hidden defects (art. 1641 of the Civil Code), the Vendor will refund or exchange defective products or products that do not correspond to the order.

Refunds may be requested in the following ways:

  • By telephone on the following number +33179639758
  • By mail at bellablue@outlook.fr

All returns and refunds except for defective products will be dealt with on a case-by-case basis.

 

Article n° 11 : Major force

Baobab SARL may not be held liable if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale is due to force majeure. In this respect, force majeure is defined as any external, unforeseeable and irresistible event within the meaning of article 1148 of the French Civil Code.


Article n° 12 : Court of jurisdiction

Any dispute relating to the interpretation and performance of these general terms and conditions of sale shall be governed by French law.

Failing amicable resolution, the dispute will be referred to the Commercial Court of Paris.