These general conditions constitute a distance selling contract, defining the rights and obligations of the company BFSA BALITRAND, and of the Consumer within the framework of the sale of products referenced on the sites www.balitrand.fr and www.homestore.fr.
For any question or complaint relating to the products, their order, their personal data, the right of withdrawal, the application of the product warranty, the Consumer can contact BFSA BALITRAND at the following coordinates:
BFSA – BALITRAND
183 avenue de la Roubine
06156 Cannes la Bocca
Intercommunity VAT number: FR 89 695 720 821
Phone. : 04 93 905 905
All the content of the www.balitrand.fr and www.homestore.fr sites (illustrations, texts, labels, brands, images, videos) is the property of BFSA BALITRAND. Any complete or partial reproduction of this site is prohibited, the company BFSA BALITRAND does not authorize the creation of hypertext links except with express prior agreement.
BFSA BALITRAND cannot be held liable for damage, temporary or permanent, caused to the Consumer’s computer system or for any loss or damage that may be suffered, in particular as a result of accessing or browsing its sites.
These conditions are concluded between the company BFSA BALITRAND, and the people wishing to make a purchase via the websites www.balitrand.fr and www.homestore.fr.
The customers concerned by these are Consumer customers defined as all non-professional customers whose purchase is intended for home use.
The fact of placing an order implies full and unreserved acceptance of the Consumer to the general conditions of sale set out below, to the exclusion of all other documents such as the Consumer’s impressions, prospectuses or promotional catalogs issued by BFSA BALITRAND. which are only indicative. In this regard, the validation of the order confirms the full acceptance of these conditions by the Consumer.
In any case, BFSA BALITRAND reserves the right not to satisfy any request from the Consumer which would be exorbitant or derogatory to its general conditions.
The fact that BFSA BALITRAND does not avail itself at a given time of one of these conditions cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions. The cancellation of a clause of these general conditions will not affect the validity of the general conditions as a whole.
BFSA BALITRAND reserves the right to adapt or modify the General Conditions of Sale at any time. In the event of modification, the General Conditions of Sale in force on the day of the order will be applied to each order. The Consumer is also invited to come and consult these General Conditions on a regular basis in order to keep abreast of developments.
Use of websites
BFSA BALITRAND cannot be held responsible for damage, temporary or permanent, caused to the consumer’s computer system, nor for any loss or damage that may be suffered, in particular following access or navigation on the sites www.balitrand.fr and www.homestore. Fr.
The transmission of data via the Internet can lead to the appearance of errors and / or the fact that the site is not always available. Therefore, BFSA BALITRAND cannot be held responsible for the availability and interruption of the online service.
BFSA BALITRAND takes the greatest care in posting online information relating to the essential characteristics of the products, in particular by means of technical descriptions from its partners and suppliers and photographs illustrating the products. The editorial data (photographs, texts, graphics, technical sheets, descriptions) come for the most part from documentation produced by the manufacturers or constructors, reproduced under their control and with their agreement.
In this regard, BFSA BALITRAND undertakes to respond to any additional request for product information. In any event, BFSA BALITRAND cannot be held liable for any changes or errors concerning the description of the characteristics of the product purchased, unless however the essential characteristics of the product are affected.
It is up to the Consumer to provide any justification, which can in particular be established by a professional in the sector, as to the reality of the defects or anomalies observed.
He must give BFSA BALITRAND every facility to establish these defects or anomalies.
In the event of a defect found, the products concerned may be returned to the BFSA BALITRAND collection point. No return will be accepted for any reason whatsoever, without the prior written consent of BFSA BALITRAND. Products deemed contradictory to be defective or non-compliant by Consumers will be subject to a refund or replacement at the option of BFSA BALITRAND.
In any event, BFSA BALITRAND declines all liability due in particular to:
• normal wear and tear of its products.
• damage or accidents resulting from negligence, lack of supervision or maintenance or improper use.
• damage resulting from modifications, additions or repairs to the product.
• damage resulting from a failure to comply with the recommendations for the use of the products mentioned in the product description.
The selling prices of the products mentioned on www.balitrand.fr and www.homestore.fr are indicated in euros, all taxes included, for free availability at our collection points.
The price invoiced to the Consumer is the price specified on the order confirmation including the price of the products HT and TTC.
The unit prices of equipment subject to the various eco-participation taxes, indicated on the sites www.balitrand.fr and www.homestore.fr, in BFSA BALITRAND’s catalogs and promotional documents, are not included in the eco-participation. The cost of this eco-participation is added to the base price of the product. These elements are noted on the Consumer’s basket before order validation.
BFSA BALITRAND reserves the right to modify its selling prices at any time. However, no modification subsequent to the order taking can be applied. The price applicable to the products ordered is that appearing on the site on the day of the order.
Orders are payable in euros, in full and in cash. The payment method is by credit card (visa, credit card, mastercard). The amount of the order will be debited when the products are shipped. In the event that certain products are not available, the Consumer will be informed by email so that he can decide whether or not to keep this order in progress. In the event that the Consumer does not wish to keep this order, he will be re-credited, within 14 days, on his payment card for the amount of the canceled items.
The Consumer explicitly acknowledges his payment obligation when confirming the order. The Consumer guarantees that the means of payment used is valid.
In the case of an order for which payment is rejected, BFSA BALITRAND will inform the Consumer by email of the non-payment and the cancellation of the orders considered.
The products are offered for sale within the limits of available stocks and supply possibilities from BFSA BALITRAND suppliers. However, for information purposes, BFSA BALITRAND informs the Consumer of the availability of products using a green (product in stock) or orange (product in the process of restocking) color code. Product availability will be definitively confirmed upon confirmation of shipment of the order, which will be sent to the Consumer by SMS and email.
In the event that one of the products ordered is not available during the preparation of the Consumer’s order, BFSA Balitand undertakes to contact the Consumer by SMS and by email within 2 working days from the date of the date of his order in order to indicate to him in what time frame this product could be delivered if necessary.
The Consumer can either accept or cancel all or part of his order by clicking on the link received in the email.
Without a response from him within 48 hours, the order will be deemed accepted as a whole.
In the event that certain products are not available, the Consumer will be informed by email so that he can decide whether or not to keep this order in progress. In the event that the Consumer does not wish to keep this order, he will be re-credited, within 14 days, on his payment card for the amount of the canceled items.
These possible unavailabilities being totally independent of the will of BFSA BALITRAND, the responsibility of BFSA BALITRAND cannot be engaged as a result.
BFSA BALITRAND products offered for sale for online purchases are made available exclusively in Collection Points – “BALITRAND” stores. BFSA BALITRAND thus reserves the right to refuse any order with a request for other collection points.
The Consumer can at any time follow the processing of his order on the site under the heading “My account”.
The Consumer is informed by email and / or SMS of the availability of the products ordered in the “BALITRAND” store selected when ordering. The Consumer will be contacted again, by email and / or SMS, 5 days after this first email and / or if he has not come to take possession of his order.
The Consumer must go to a Balitrand Home Store Collection Point with their identity card in the name and surname of the person holding the Balitrand Home Store Informed Customers account on which the online order of the product (s) was placed.
The material cannot be returned to the Consumer without this element.
Delivery is deemed to have been made by BFSA BALITRAND upon delivery of the products ordered by the sales representative of the BALITRAND store to the Consumer. The Consumer agrees to sign the product collection slip.
Provisions for collection are made according to the indicative deadlines listed on the sites www.balitrand.fr and www.homestore.fr. from the sending of the email confirming the availability at collection points of said order.
In the event of a foreseeable delay in delivery, BFSA BALITRAND will inform the Consumer as soon as possible by SMS and email and will provide him with an estimate of the additional delivery time. In any event, BFSA BALITRAND undertakes to deliver the Consumer within a maximum period of 30 days from the order confirmation. If this deadline is exceeded and except in cases of force majeure, the consumer will have the option of terminating the electronic sales contract concluded with the company BFSA BALITRAND by registered letter with acknowledgment of receipt.
It is up to the Consumer to check the condition of the packaging and the products and the number of products when they are picked up from the store.
When taking possession of the ordered product, it is up to the Consumer in the event of dispute, deterioration of the product during transport, damage, missing or late, to make clear and precise reservations on the delivery document BFSA BALITRAND , and to notify BFSA BALITRAND by registered letter with acknowledgment of receipt, of its reasoned protest within three days, not including public holidays, following receipt of the products.
Complaints about apparent defects or non-conformity of the delivered product must be made to BFSA BALITRAND in writing within 3 days from the date the product is made available. It will be up to the Consumer to provide any justification as to the reality of the defects or anomalies observed. He must give BFSA BALITRAND every facility to proceed to the observation of these defects. Failure to comply with said procedure will result in the Consumer being deemed to have received compliant products.
In the event of an event of force majeure, fortuitous event or external cause, in particular due to fires, floods, total or partial strikes, business closures, obstacles to movement, deliberate damage, theft, changes in regulations , impossibility of being supplied with raw materials, energy supply disruptions, malfunction or interruptions of electricity or telecommunications networks, etc. BFSA BALITRAND will be automatically and without compensation released from its obligation to deliver and from the date of occurrence of events and undertakes to warn the Consumer as soon as possible.
In this regard, BFSA BALITRAND will inform the Consumer as soon as possible by any means of the event of force majeure making it impossible to fulfill its obligations.
In any event, BFSA BALITRAND cannot be held responsible for any delay or failure to deliver due to force majeure or a fault on the part of the Consumer.
Pursuant to Article L121-21 of the Consumer Code, the consumer has a withdrawal period of 14 clear days from the date of receipt of the products ordered.
The Consumer must notify the company BFSA BALITRAND at the address appearing in the preamble of these conditions, of his decision to withdraw by sending him before the expiry of the 14-day period or the standard withdrawal form made available to him upon confirmation. by email of his order or by means of any other declaration expressing unambiguously his desire to withdraw.
The Consumer wishing to retract after purchasing a product online must return the products to the “BALITRAND” Collection Point where he received the products, as soon as possible and no later than 14 days after delivery. by the company BFSA BALITRAND of the goods of its order in their original packaging, unused and in perfect condition, without any trace or mark, with all the accessories (including the instructions) and any gifts offered. He must return the product with his invoice as well as the duly completed withdrawal form.
If all the conditions required for the return of products are not met, BFSA BALITRAND reserves the right to refuse a refund of the product.
In the event of exercise of the right of withdrawal, BFSA BALITRAND undertakes to reimburse the Consumer, using the same means of payment used for the order, within 14 days from the date on which he is informed of the withdrawal. and where he received the goods in return. However, BFSA BALITRAND may defer reimbursement until the return of the products if this return occurs beyond the said 14-day period.
The use of the product will be the responsibility of the Consumer.
The Consumer declares to be aware that the products marketed by BFSA BALITRAND may contain harmful and / or dangerous elements. Therefore, BFSA BALITRAND recommends that the Consumer use the product ordered in accordance with the safety instructions and the recommendations for use specified on the product description on the product packaging and on any explanatory leaflet.
Under these conditions, the Consumer is required to ensure that the product is kept in good condition, to use it for its intended purpose, in particular by respecting the instructions given by BFSA BALITRAND and the manufacturer.
In this regard, the Consumer is not recommended to make any changes to the product, install accessories, ancillary parts or any other devices on the product.
The Consumer undertakes to store and use the products in accordance with the regulations in force and to comply with all of his legal obligations. BFSA BALITRAND can in no way be responsible for defects and deterioration of the products delivered resulting from abnormal or non-compliant storage, conservation and use conditions subsequent to the delivery of these products
The products sold are covered by a commercial guarantee aimed at guaranteeing their conformity at the time of delivery and ensuring the reimbursement of the purchase price, the replacement or repair of the goods (articles L211-1 to L211-4 of the Consumer Code ):
• to be in conformity with the contract, the good must be suitable for the use usually expected of a similar good or has the characteristics defined by the parties or is suitable for the special use sought by the buyer and known and accepted by the seller .
• the conformity guarantee action can be implemented within two years of delivery of the products
It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
The foregoing provisions are not exclusive of the application and warranty against hidden defects of the item sold in Articles 1641 and following of the Civil Code for faults prior to the sale and rendering the item unfit for its use.
The buyer is expressly informed that the seller is not the producer of the products presented within the meaning of Law No. 98-389 of May 19, 1998 on liability for defective products.
In order to benefit from the product warranty, it is imperative to keep the purchase invoice which has the value of proof of purchase as well as the warranty certificate to be presented for any request
The warranty runs from the date of purchase of the product by the Consumer. It will end at the end of the period defined by the manufacturer for the said product. The warranty is limited to exchange, refund or repair.
The warranty is excluded in the event of normal wear or deterioration caused by improper use or improper use, in particular in the event of connection error, overvoltages, mechanical damage, fall, lack of maintenance. .
It is recalled that BFSA BALITRAND cannot be held responsible in the event of the manufacturer’s refusal to apply its warranty for legitimate reasons.
Under these conditions, the BFSA BALITRAND Company undertakes:
• To exchange your product free of charge within 8 days of purchase, if you notice a malfunction and if all the following conditions are met:
– device in perfect condition, clean and without any signs of use;
– in its complete factory packaging;
– accompanied by the guarantee card;
– cannot be repaired by us within 24 working hours.
• To ensure the proper functioning of devices that have suffered an internal failure; this warranty covers:
– replacement of defective parts;
All devices must be returned to the Collection Point where the Consumer collected their product)
• Damages involving the liability of a third party or resulting from willful or willful misconduct.
• Damage resulting from the use of energy, use or use not in accordance with the manufacturer’s instructions or negligence.
• The replacement of consumable parts, such as: gaskets, filters, batteries, lamps, spark plugs, etc …
• Connection or commissioning errors.
• Damage resulting from industrial or commercial use.
• Damage resulting from fire, lightning, storm or vandalism.
• Material and immaterial damage resulting from the breakdown of the device (disturbance of use, content of the devices, etc.).
BFSA BALITRAND collects, records, changes, uses and transmits personal data of Internet users as part of the execution of orders placed on the site, Consumer relations, Consumer advice and services as well as for the preservation of the commercial interests of BFSA BALITRAND , in particular for the purposes of preserving evidence.
The Consumer has the right to access, modify, rectify and delete data concerning him in accordance with the French “Informatique et Liberté” law N ° 78-17 of 6 January 1978. To exercise this right, he send a letter to the following address: Société BFSA BALITRAND 183 avenue de la Roubine CS 10001 06156 Cannes la Bocca.
The Consumer can in any case oppose the use of his personal data by deactivating this function in his BALITRAND account. The use of personal information for other purposes will only be possible when the Consumer has given his consent.
By registering on www.balitrand.fr or www.homestore.fr, the Consumer undertakes to provide sincere and true information concerning him. The communication of false information is contrary to these general conditions as well as the conditions of use appearing on the site.
For statistical and display purposes BFSA BALITRAND informs the Consumer that cookies record certain information which is stored in the memory of its hard drive. These cookies also allow BFSA BALITRAND to offer the Consumer the offers best suited to their needs, based on the products they have already selected during previous visits. These cookies do not contain confidential information about the Consumer.
The parties agree that these conditions and their consequences are subject to French law. The language hereof and of relations between the parties is French.
In the event of a dispute or complaint, the Consumer will first contact the seller to obtain an amicable solution.
Failing that, the Consumer may initiate proceedings before the French court of his choice.
Pursuant to article L.211-15 of the Consumer Code, articles L 211-4, L 211-5 and L 211-12 of the Consumer Code, as well as article 1641 are reproduced below. and the first paragraph of article 1648 of the Civil Code, provisions of which the Consumer expressly acknowledges having read prior to his order.
Article L211-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when it was charged to it by the contract or was carried out under its responsibility
Article L211-5 of the Consumer Code
To be in conformity with the contract, the good must: 1 ° Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer as a sample or model; – have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer has not acquired it, or would have given a lower price, if he had known them.
Article 1648 of the Civil Code
The action resulting from crippling defects must be brought by the purchaser within two years from the discovery of the defect.