Terms of Sales

The website www.bayadji.com (the " site ") is administered by the company Marion C., a one-person company with limited liability with a capital of 1000€, whose head office is located at 25 rue du chariot d'or - 69004 Lyon – France, registered in the Trade and Companies Register under number 908 545 338 RCS of Lyon.

Its Siret number is 90854533800018 and its intra-community VAT number is FR 46908545338.

1. Application of the general conditions of sale

The purchase of products offered on the website www.bayadji.com (the " site ") is subject to these general conditions of sale (the " general conditions of sale ").

Bayadji products are exclusively intended to be sold to end consumers (“ customers ”), natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the customer affirms that he acts as an end consumer and that he does not intend to resell Bayadji products for commercial purposes.

Any order on the site implies full acceptance of the general conditions of sale by the customer who makes a purchase there (the “ customer ”).

Bayadji may at any time update these general conditions of sale. You can read the version of the general conditions of sale in force at any time by clicking on the link on the home page. The general conditions of sale in force at the time of the conclusion of the contract of sale are those which are binding on you.

With each purchase of products on the site, it is induced that you accept the present general conditions of sale in force on the date of placing your order. These general conditions can be viewed before the order.

2. Terms of order

The site allows you to order from Marion C. a selection of Bayadji brand products (the " product(s) "), immediately online via the internet for delivery in France and abroad (see l article 7 "delivery methods").

These general conditions of sale therefore do not apply to special orders, which do not exist or no longer exist in the Bayadji collection.

3. Product Availability

Our product and price offers are valid as long as they are visible on the site, within the limits of available stocks. Errors or modifications may exceptionally exist, particularly in the case of simultaneous orders for the same product by several customers. In the event of product unavailability after placing your order, we will notify you by email or telephone as soon as possible. We will offer you either to order another product presented on the site as a replacement, or to cancel your order.

Bayadji incurs no liability in the event of out of stock or unavailability of products for orders not yet accepted by Bayadji.

The Bayadji brand reserves the right to change the products offered on the site at any time and without notice. In order to ensure a better quality of service and availability of our products, Bayadji reserves the right to limit the quantity of products that can be purchased by a customer, in accordance with the applicable provisions in the matter and in particular those of the article l. 122-1 of the French consumer code.

4. Order procedure

4.1 Product Selection

At any time, you can add products to your selection by clicking on "add to cart", and choose to finish shopping or continue browsing.

You can consult your selection by clicking on "my basket" in the menu at the top right where will appear: the photo(s) of the product(s), its color(s) and reference( s), the quantity(ies) chosen, their unit price(s) and the subtotal of the selection. In the rest of the purchase journey, you will also be able to choose the country of delivery and the delivery method you prefer, which will calculate the amount of the delivery costs and therefore the total amount you will pay. However, the area and the delivery costs can be modified later if you wish, the total amount will be updated accordingly according to your choices.

4.2 Identification

After selecting the product(s), click on “pay” to start the ordering process.

You will be prompted to fill in your email address.

The data recorded by the site constitutes proof of all transactions between Bayadji and its customers. In the event of a dispute between Bayadji and one of its customers over a transaction carried out on the site, the data recorded by Bayadji is considered valid proof of the content of the transaction.

4.3 Validation of the order

4.3.1 Delivery method validation

You must, on the one hand, validate your delivery method and, on the other hand, complete the delivery information necessary for the correct dispatch of your order: country of dispatch, title, first name, surname, telephone and delivery address. .

Once this step is complete, click “continue”.

4.3.2 Validation of the means of payment and payment of the order

You can use your delivery address as the billing address or enter another one. You will then be prompted to select a payment method and enter the relevant information.

At the end of the ordering process described above and after having accepted all of these general conditions of sale and use of the site, click on the "place my order" button. The sales contract will then be definitively formed.

You must carefully check the accuracy of your selection before confirming your order. While every effort is made to ensure that the color and pattern of the products whose photos are displayed on the site are faithful to the original products, variations may occur, in particular due to the technical limitations of color rendering on your computer equipment. Consequently, Bayadji cannot be held liable for non-substantial errors or inaccuracies in the photographs or graphic representations of the products appearing on the site. If you have any questions about the products, you can of course contact us at contact@bayadji.com.

For more information on the terms of payment (currency, methods of payment accepted, etc.), please refer to the article below “5. Prices – methods of payment accepted”.

Once completed, your order is sent to Bayadji for processing.

Bayadji reserves the right not to accept an order from a customer with whom it is in dispute for a previous order, or if Bayadji reasonably believes that this customer has violated these general conditions or that he has engaged in a fraudulent activity, or for any other legitimate reason.

4.3.3 Order Confirmation

A summary of your order will then be sent to you by email. The acknowledgment of receipt will include the total amount of the order, information relating to the cost and delivery time, the essential characteristics, the quantity and the price of the products purchased.

The customer formally accepts the use of e-mail for confirmation by Bayadji of the content of the order.

We advise you to keep this acknowledgment of receipt on paper or electronically.

Pursuant to article l. 134-2 of the Consumer Code, when an order is for an amount equal to or greater than 100 euros, Bayadji retains the writing that records the contract concluded between Bayadji and a customer electronically. This for a period running from the conclusion of the contract until the date of delivery of the goods and for a period of ten years from this date (in accordance with decree 2005-137 of February 16, 2005). You then have access to this document at any time, on request made to customer service by sending us an email at contact@bayadji.com and providing proof of your identity.

5. Price – means of payment accepted

5.1 Price

The prices of the products are indicated in euros, all taxes included. Apart from the cases of reimbursement made (i) within the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, Bayadji will not reimburse the VAT applied to purchases made on the site (even in the case where the buyer, after receipt, reships the products to a country outside the European Union).

Regarding sales made outside the European Union, customs clearance, payment of various duties or taxes are the sole responsibility of the customer.

Bayadji reserves the right to modify at any time and without notice the prices of the products offered on the site. The products are invoiced on the basis of the prices displayed on the site at the time of placing your order, subject to the availability of the products ordered at that moment.

All orders are payable in euros and must be paid for immediately when placing your order. In the event of unavailability of certain products ordered (see article 3 “availability of products”), only the price and transport costs relating to the available products will be debited.

5.2 Means of payment accepted

The means of payment accepted are as follows: credit cards and bank cards (Visa®, Mastercard®, American Express®, Dicover) via the secure platform implemented by payplug.

In accordance with the provisions of article l. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

Any order made on the site implies the guarantee on the part of the customer that he has all the necessary authorizations to use the means of payment made available on the site.

The dispatch of your order takes place only after verification of your method of payment and receipt of the authorization to debit your card.

Your account will be debited when your order is shipped.

Bayadji does not keep the bank details of its customers.

6. Retention of title

The products ordered remain the property of Bayadji until full payment has been received by Bayadji.

On the other hand, you, the customer , assume the risks (in particular of loss, theft or deterioration) concerning the products delivered from the moment they are delivered to the address indicated during the order.

7. Terms of delivery

7.1 Delivery area

Delivery means the physical delivery of the Product to the Customer (the “ Delivery ”).

Products purchased on the site can be delivered in France and abroad.

For security reasons, Bayadji will not process any order for which a poste restante, hotel, PO box or cedex address is provided.

The products are shipped to the delivery address that you indicated during the ordering process.

In the event of an error in the wording of the customer's contact details, Bayadji cannot be held responsible for the impossibility of delivering the product(s) ordered.

7.2 Freight costs

When entering the order on the site, the customer must choose the delivery method and the place of delivery.

The amount of the delivery costs is calculated according to the destination as well as the chosen delivery method.

7.3 Delivery times

For any order placed on the site, Bayadji undertakes to prepare the customer's order within 24 to 72 hours (excluding weekends and public holidays) and a maximum of 10 working days during periods of high activity (Christmas, sales, etc.), it being specified that these deadlines only run from the validation of your order by our customer service.

When Bayadji takes care of the delivery of the product, the risk of loss or deterioration of the product is transferred to the customer at the time of delivery.

In order for these deadlines to be respected, the customer must ensure that he has communicated exact and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).

Bayadji cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).

The Bayadji brand also reserves the right to split deliveries. The charge to your credit or debit card will be split in the same way to correspond to the price of the products actually delivered. The transport costs will only be invoiced for a single shipment and in accordance with the indications appearing in your order summary.

For any questions, contact our customer service by sending us an email at contact@bayadji.com.

8. Delivery issues

Any defect or delay in delivery, exceeding the delivery times mentioned in article 7 must be reported to our customer service as soon as possible by sending us an email at contact@bayadji.com.

Any complaint formulated beyond fourteen (14) calendar days after the date of validation of your order cannot be taken into account.

In case of deterioration of the product, the customer must:

Refuse the package which will then be returned directly to the sender
Issue reservations upon receipt of the damaged package
Make a claim on the carrier's website

Without reservation on the part of the recipient, the carrier is not required to compensate. The recipient's complaint will enrich the complaint made by our services.

To make a complaint, contact us at the following address: contact@bayadji.com, indicating:

Recipient's name
Parcel tracking number
Product designation
Photos of the damaged package with the postage clearly visible
Photo of the inside of the package and the damaged product

In case of non-compliance with the shipping time, you can cancel the order, simply by email to contact@bayadji.com.

Bayadji will then be required to reimburse you for all sums paid, at the latest within fourteen (14) days following the date of termination of the sales contract. If you nevertheless receive the product after having used this option, you must return it according to the return procedures provided for in article 9 below.

You must check the conformity of the products at the time of delivery and indicate, if possible on the invoice, in the form of handwritten reservations accompanied by your signature, any anomalies observed (open package, damaged product, etc.).

You will then need to contact customer service by sending us an email at contact@bayadji.com. In the event of non-compliance of the products purchased or if they do not give you satisfaction, you can return them by requesting a refund under the conditions provided for in article "9. Right of withdrawal - returns and refunds".

8.1 Undelivered item liability

First, make sure to check the tracking of your package via the link provided in your order confirmation email. If it says "delivered" but you have not received it in your mailbox, it is possible that the item has been returned to the post office closest to you, or that your neighborhood has received. If your package indicates that it was delivered by our service provider (La Poste) we can do nothing more. A mailbox theft is the equivalent of a theft from your property. You must therefore contact the carrier.

8.2 Responsibility and sending your return package

As long as we have not received it, your return package is your responsibility. In the event of loss or any other problem occurring during the delivery of your return package, we invite you to contact the carrier. Do not hesitate to inform us via contact@bayadji.com.

We will not be able to confirm the return of your items until your package has reached us. We recommend that you keep the proof of deposit of your package while it is being processed.

9. Right of withdrawal – returns and refunds

9.1 Right and period of withdrawal

You have a legal right of withdrawal that you can exercise under the conditions provided for in articles l. 121-21, l. 121-21-1 and l. 121-21-2 of the Consumer Code, if you meet the conditions set by these provisions, without having to justify reasons and without having to pay penalties.

Bayadji's general return policy (for any refund or exchange request) allows you to withdraw within fourteen (14) days from the date of delivery of the products, without having to give reasons and without have to pay a penalty. After this period, you will no longer be able to exercise your right of withdrawal.

9.2 Modalities for exercising the right of withdrawal

We offer you the possibility of completing and sending your declaration of withdrawal by sending us an email to the address contact@bayadji.com you will then receive a confirmation of your withdrawal by email.

9.3 Consequence of the right of withdrawal

As part of the exercise of the right of withdrawal or in the event of non-compliance of the product, you can return the product(s) purchased by requesting reimbursement under the conditions described in article 10 above. -below.

10. Return and refund terms

10.1 Return procedure

As part of the exercise of the right of withdrawal, the products must be returned in their original packaging, in their original condition, new, unworn, unwashed and correctly folded within 14 days from their date of receipt.

The return of a product, in the event of a request for reimbursement, is free if the place of dispatch is in metropolitan France. The return of a product, in the event of a refund request, is your responsibility if the place of delivery is outside mainland France and is at your own risk. To do this, you must send an email to contact@bayadji.com indicating the reasons for which you wish to make a return. You will receive within a maximum of one week by email a return form to return your order as well as a transport form at Bayadji's expense in the event of delivery in mainland France, which you will have to print. Please note that this return form has a deadline for post office filing. After the deposit date indicated on this return slip, you will no longer be able to return your product for free, the return will therefore be at your expense.

Products returned incomplete, damaged, worn or soiled will not be refunded or exchanged.

If the jersey is returned dirty, stained, damaged, it will be considered ineligible for return. We will send it back to you and you will be charged for delivery.

Only the return transport costs are offered in the event of a refund request and not the transport costs of the first shipment.

10.2 Refund

In the event of a request for reimbursement, the latter will take place within a maximum period of fifteen (15) days from receipt of the product(s) by Bayadji. Once the products have been received, checked and accepted by our services, the refund, without the standard delivery costs of the initial order, will be made using the same method of payment used when ordering.

As soon as your package has been processed and brought into compliance, you will receive a notification informing you that we have proceeded with the refund. Please note, however, that an additional delay may be applied by your bank when refunding. Please note that your bank may take time to process payment receipts and may take up to 15 days.

10.3 Gifts ordered from the site

Insofar as only the bank account of the person who ordered the product can be recredited, only this person can request reimbursement via the return procedure with the site. The customer who purchased the gift must then follow the return procedure provided for in article 10.1.

11. Legal guarantees

The products sold by Bayadji are subject to the conditions of legal guarantees provided for in articles l. 211-4 to l. 211-13 of the consumer code as well as by articles 1641 to 1648 of the civil code, excluding all other guarantees:

Legal guarantee of conformity

Bayadji will deliver a product to you that complies with the contract and is free from defects of conformity when the said product is delivered, in the sense that the product will be specific to the use usually expected of a similar good and that it will present the characteristics presented during the sale. Bayadji also responds to defects of conformity resulting from the packaging.

The Bayadji brand can replace the non-compliant product. If the replacement is impossible within one (1) month following the complaint or, if you request it in a duly substantiated manner, you can request a refund of the price of the product.

This guarantee will only come into play on the condition that you request it within two years of delivery of the goods. Conformity defects that appear within twenty-four (24) months of delivery are presumed to exist at the time of delivery, unless proven otherwise.

Legal warranty against hidden defects

Bayadji will give you a product free of hidden defects which would make it unsuitable for the use for which it is intended, or which so diminish this use, that you would not have acquired it, or would have only paid a lower price for it, if you had known them. This guarantee will only come into play on the condition that you make the request within two (2) years from the discovery of the defect.

In the event of a hidden defect, you will have the choice of returning the product and having the price and costs incurred by the sale returned or keeping the product and having part of the price returned to you. In any case, it will be up to you to prove that you fulfill the conditions of the guarantee.

In the event that there is a lack of conformity and hidden defects, you must return the products to us at the following address:

Bayadji

25 rue du chariot d'or

69004 Lyons

France

11.3 Force Majeure

In the event of the occurrence of an event of force majeure preventing the execution of these general conditions of sale, Bayadji informs the customer within fifteen (15) days of the occurrence of this event, by email or by letter. registered with acknowledgment of receipt.

Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes commercial. Are also considered as cases of force majeure civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions. Also, legal or regulatory changes in the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship .

All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of Bayadji or the customer without compensation on either side. Failure to pay by the customer cannot be justified by a case of force majeure.

12. Limitation of Liability

Under no circumstances may Bayadji be held liable for any damage that does not result from Bayadji's failure to fulfill one of its obligations.

13. Miscellaneous Provisions

If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and scope.

No tolerance, inaction or inertia on the part of Bayadji may be interpreted as a waiver of its rights under the terms of the general conditions of sale.

14. Applicable law – disputes

These general conditions of sale are governed and interpreted in accordance with French law.

However, in accordance with regulation ce 593/2008 of June 17, 2008, these general conditions of sale do not prevent Bayadji from complying with a provision that is more favorable to the customer and which cannot be derogated from by agreement, by virtue of the law where the client has his habitual residence.

In the event of a dispute related to the execution of an order, you have the possibility of resorting to a conventional mediation procedure or to any other procedure for alternative dispute resolution.

In the event of a dispute, the French courts will have sole jurisdiction. The competent Court will be that of the place of residence of the defendant, or, at the choice of the defendant, of the place of actual delivery of the Product.

General conditions of use of the site

Its Siret number is 90854533800018 and its intra-community VAT number is FR 46908545338.

The host of the website www.bayadji.com is: wordpress.

The director of publication is Marion Coquel, legal representative of the company Marion C., whom you can contact at the following address: contact@bayadji.com.

Use of the site and purchases of products offered on the site are subject to these general conditions of use (hereinafter the "general conditions of use"). By using the www.bayadji.com website, you acknowledge that you have read, understood and unreservedly accepted these general conditions of use. Likewise, by using the site you acknowledge the site's confidentiality clauses.

Bayadji may at any time modify and update these general conditions of use. The general conditions of use in force at the time of use of the site are those which are binding on you.

We advise you to keep yourself regularly informed of the conditions in force. You can read the version of the general conditions of use at any time.

Personal data and cookies

In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms,

All the information in your account is only used within the framework of your commercial relationship with www.bayadji.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by the secure payment module of our partner Stripe. The site uses cookies (cookies), which the user is informed of when arriving on the website, which allow information relating to the navigation of the computer on the website to be recorded. These cookies are installed only after acceptance by the user, the continuation of the navigation on the website being worth acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.

Intellectual property

All the elements (drawings, models, illustrations, images, soundtracks, texts, logos, brands, etc.) constituting the site are the exclusive property of Bayadji. With the exception of the derogations expressly provided for in the general conditions of use, you are prohibited from reproducing in whole or in part, by any process whatsoever, distributing, publishing, transmitting, modifying or selling all or part of of the content of the site, or to create derivative works from it without the prior written consent of Bayadji.

The “Bayadji” brand, all other brands and logos related to Bayadji, registered or not, displayed on the site, as well as the domain name “bayadji.com” are and will remain the exclusive property of Bayadji. Any reproduction, distribution, transmission, modification or use of these trademarks without the express prior consent of Bayadji, for any reason whatsoever, is prohibited.

You are prohibited from removing any copyright, trademark, or other proprietary rights notices from the Site or any content therein. You may make a single copy of the web pages published on the site for your private, personal and non-commercial use, provided that any copy of these web pages retains all "copyright" and exclusive rights notices. which appear there.

Connections

The site may contain links to third-party sites not published or controlled by Bayadji. Such links are provided solely as a convenience; they cannot and should not be interpreted as an express or implicit endorsement of these sites, their content or any product or service offered there.

You can only set up a link to the site with the written, prior and express authorization of Bayadji.

Limitation of Liability

Bayadji can in no way be held liable to you or to a third party for any indirect, incidental, special or incidental damage - which includes, without being exhaustive, any loss of profit or other indirect loss. , resulting from your use of the site or your inability to use it. This disclaimer applies to the fullest extent permitted by law.

No Warranty

Bayadji cannot guarantee and affirm:

– that the site is free of viruses, data crushing programs, Trojan horses or other destructive material,

– that the information contained in the site is accurate, complete or up-to-date.

The site may contain technical inaccuracies or other defects, Bayadji does not guarantee the correction of these defects. The site and its content are presented on an "as is" and "as available" basis. Bayadji expressly excludes any form of guarantee, and in particular, any implicit guarantee relating to the usual conditions of use of the site or the aptitude of the site for normal use or for a specific use, to its quality or to compliance with all legal provisions. . This disclaimer applies to the fullest extent permitted by law.

Applicable law – disputes

These general conditions of use are governed and interpreted in accordance with French law in accordance with regulation ce 593/2008 of June 17, 2008. These general conditions of use are written in French.

In the event of a dispute related to the use of the site, you have the possibility of resorting to a conventional mediation procedure or to any other alternative method of dispute resolution procedure.

Language

Terms of Sales