Terms of sale

 

Preambule

  1. The Website www.bacsac.com is owned and operated by the company BACSAC SAS,  based at 6, rue des Fossés Saint-Jacques 75005 PARIS, in France, registered under SIRET number: B 507 734 473 RCS PARIS (« BACSAC »). The French VAT number is FR15507734473.For any information regarding Orders or for any complaints to make, the Customer Service’s contact details are:
    - by e-mail : via the direct contact form available from our contact page at http://www.bacsac.com/contact.html
    - by phone : + 33 (0)1 42 18 02 44 (France local rate) from 9am until 6pm – Monday to Friday.
    - by mail to the address BACSAC – Customer Service – 6, rue des Fossés Saint-Jacques 75005 PARIS– France

    2.
    These Terms and Conditions set out the rights and obligations of BACSAC and the Customer.

    The Terms and Conditions, the Order form and the Order confirmation constitute the sale contract between BACSAC and the Website’s Customer upon the sale of the ordered Products. The Customer acknowledges, prior to placing an Order, that he has read and agreed to all the information aforementioned.

    BACSAC reserves the right to make alterations to these Terms and Conditions.
    The Customer agrees to comply with the current version of Terms and Conditions by only ordering and purchasing on BACSAC’s Website.

    Any Customer who does not wish the contractual relations to be governed by the new version of the applicable Terms and Conditions to any new Order must give notice of this and, from the date on which the new version becomes effective, the Customer must cease to use the Website.

 

1 – Terminology

 

The terms and expressions beginning with a capital letter in these Terms and Conditions have the following meaning (whether used in the singular or the plural forms)
-  « Terms and Conditions»: refers to the current document, that is the terms and conditions applying between the Customer and BACSAC,
-  « Website »: refers to the website available at www.bacsac.com or any other address having a different extension,
-  « Product »: refers to the items offered for sale available on the Website,
-  « Customer » (or « Him »): refers to a private person of full age using the Website to acquire one or more Product(s) for his personal needs, for which he accepted the Terms and Conditions.
-  « Order »: refers to the sale order from the Customer on one or more Products while using the Website or the Customer Service,
- « Parties »: refers to the Customer and BACSAC,

 

2 – Purpose

 

The purpose of these Terms and Conditions is to define the rights and obligations of the Parties in the context of online selling of Products proposed in this e-shop by BACSAC.

The Customer acknowledges, prior to placing the Order, that he has read and agreed to all information included in these Terms and Conditions.

The Customer also declares that the purchase of said Product(s) is not in direct connection with his professional activity, such purchase being reserved for his personal use only.

Being a consumer, the Customer has specific rights which shall be questioned if the Products purchased through the e-shop would be actually purchased for his professional activity. Moreover, the Customer declares that he has the legal capacity to enter into this Agreement..

 

3 – Creating an account

 

To place an Order on the Website, the Customer must create an account by completing a subscription form.

The Customer hereby states that all personal information provided is complete and accurate in order to proceed to his precise identification in any situation. Any misleading or slanderous information is likely to result in immediate closing of the Customer’s account and cancellation of his Order(s) by BACSAC.

While creating his account, the Customer shall choose a login and a password. The Customer must make sure not to disclose his login and his password at any time.

The Customer’s account can be accessed by Him at any time by using his login and password.

The Customer is responsible for all actions conducted on the Website while using his login and password. Any user, having subscribed to the Website, shall be liable for any Order placed while connected with his login and his password, subject to the Clause 9.3.

 

4 – Placing an order

4.1.
A Customer may place an Order, on www.bacsac.com once logged with his member account, following Clause 3.

4.2.
While browsing through the Website, the Customer may add a Product to his shopping bag by clicking on the ‘Add to bag’ button. At any time and until final Order confirmation, the Customer may change his mind, modify quantities or remove one or more selected Products.

Customers may also ask for Product information or place an Order directly by calling our Customer Service at +33 (0) 1 42 18 02 44 (France local rate). All communication costs are at the Customer’s charge.

4.3. 
If necessary, the Customer has the right to request access to the personal data which we may hold or process about Him. The Customer has the right to require us to correct any inaccuracies free of charge.

BACSAC may not be held responsible for any incorrect personal details entered by the Customer nor for the consequences related to any delays during the delivery process. As a result, all return costs would be at the Customer’s charge.

4.4.
Following validation of the shopping bag, the Customer shall confirm his Order by:
-    Completing all the requested information,
-    Accepting the Terms and Conditions,
-    Validating the payment,
Therefore, by clicking on the ‘Submit’ button, the Order is an offer to BACSAC to buy the goods on the Website..

 

5 – Confirmation of Order

5.1.
Once the Order is confirmed by the Customer, following clause 4.4., the Customer will receive an acknowledgement of receipt by e-mail to confirm the Order including all elements (such as the list of ordered Products, price, date of delivery, shipping costs…).

5.2.
The contract shall only be effective upon BACSAC’s confirmation email, as stated in clause 5.1. and the Order will be established once the corresponding payment will be made by the Customer.

5.3.
The Customer is guaranteed the price posted on the Website at the time of purchase, which is updated daily. The Product offers proposed on the Website shall be valid as long as the Products related thereto are on line and while stock last.

Promotional offers will be mentioned clearly onsite with period of effectiveness.

5.4.
In case a Product would be unavailable, e.g. out of stock, BACSAC will inform the Customer by e-mail as soon as possible and will remove the Product from the Website. BACSAC will inform, if possible, for the new availabilities of the Product or may suggest an exchange with a similar Product.

In case of refusal by the Customer of the new availability period, or of  the exchange with a similar Product, the Customer will be refunded within (30) days from the confirmation of the refusal.

5.5. 
BACSAC reserves its right not to confirm the Order for any legitimate reason, in particular for any problem of Products procurement or any problem concerning the received Order.

 

6 – Price and delivery costs

6.1.
Prices are indicated in € (Euros) and include French VAT. Any variation of the VAT applicable rate may affect the sale price of the Products.
BACSAC reserves the right to modify Product’s prices at any time without notice but the applicable price of the Order will be notified in the summary of the Order before payment.

The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the summary of the Order before payment. Delivery costs by country can be looked up in the delivery section of the Website.

6.2.
If the correct price of the goods is higher than the price stated on our Website, we may, if possible, reject the Order in our discretion, in which case we will notify the Customer of such rejection and the correct price for the goods.

 

7 – Payment 

7.1.
The Customer undertakes to pay the total price of the Products and shipping costs as stipulated on the Website and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of Products in the country of delivery, directly to the forwarding or customs agent.

7.2.
Payments can be made by one of the following payment methods:
-    Credit Card (MasterCard, Visa, American Express),
-    Debit Card (Maestro),
-    Paypal,
-    Bank transfer

More information on payment methods is available in our Payment section.
When approving the Order form, the Customer warrants BACSAC that he has all authority needed and sufficient funds to use such a payment method.
While paying by credit/debit card, the payment cannot be cancelled. The payment is irrevocable, without prejudice for the Customer to exercise his rights, such as described in Clause 9.3. The Customer account will be debited the working day following the Order confirmation.
While paying by bank transfer, the bank details will be provided in the Order confirmation email. Failing receipt of the bank transfer within seven (7) days from the Order confirmation by BACSAC or in case of rejection by the bank, BACSAC is entitled to cancel the Order.
In accordance with existing information protection regulations, BACSAC does not store members’ bank details. Members should therefore save and print the payment document if they wish to have a copy of the transaction details. The Website has one of the most efficient current site security systems. Not only does it use SSL (Secure Socket Layer) encryption, it has also reinforced all of the various encryption processes in order to provide the most effective protection possible for all sensitive payment information. BACSAC never has access to any confidential information about the means of payment.

7.3.
BACSAC reserves its right to claim the return of the ordered Products in case of non full payment.
Under those circumstances, and upon BACSAC’s request, the Customer shall return any Product for which the payment has not been received. The Customer shall pay for any costs in connection therewith.

 

8 – Delivery

 

8.1.
Products will be delivered to the address indicated by the Customer in the Order form, after confirmation of the Order. An email will be sent to the Customer as soon as the Products are shipped.
The area of delivery corresponds to the geographical area covered by the offer that can be looked up in.

8.2. 
Information displayed on the Website related to availability is subject to change without notice. BACSAC cannot guarantee permanent or continuous availability of all Products on the Website. All Orders are subject to availability at all times.

8.3.
Deliveries will be made according to the information on the Product pages after confirmation of the Order.
If an Order contains Products deliverable at different dates, the Customer may choose to receive each Product according to the delivery dates stated on the Product pages of each item, by contacting the Customer service. However, this service may involve higher delivery costs to the Customer which will be indicated by the Customer Service. If the Customer chooses to receive his Order in one batch, the longest delivery period indicated on the Product pages shall be the one to refer to.

8.4.
Delivery shall be deemed to have been made when the Products are delivered to the Customer at  the address indicated in the Order confirmation. The delivery note given by the carrier, dated and signed by the Customer upon delivery will constitute evidence with regard to transport and delivery.

8.5.
In case of absence of the Customer during delivery, a notice will be left by the carrier. Products may therefore be collected following carrier’s indications. In absence of Products’ withdrawal by the Customer in the limited period fixed by the carrier, the Products will be returned to BACSAC. BACSAC will reserve the right to reimburse the Customer, while the delivery costs will remain at the Customer’s charge.

8.6.
Transfer of risk intervenes on the delivery, at the address indicated on the Order confirmation or when the Customer collects the Product(s) from the carrier.

The Customer shall check the content, the conformity and the condition of the Product(s) on delivery thereof.

In the event of delays, damages, total or partial losses, or any problem whatsoever, the Customer shall express all reserves and complaints which would seem justified, even to refuse the parcel.

Therefore, BACSAC advises the Customer to check the condition of the Products upon delivery and before signing the acknowledgement of receipt of the parcel.

If the Customer notes any damage, he shall reject the Products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the Products. A copy shall be sent to BACSAC.

 

9 – Product compliance – Warranty – Cancellations

 

9.1. Product compliance 

9.1.
BACSAC takes great care when putting information on-line with respect to the essential characteristics of BACSAC’s Products, notably with respect to the technical descriptions and the photographs illustrating the Products; this however, within the technical limits that exist and with respect for the best standards on the market.

In the event of non-conformity of any Product delivered to the Customer, the latter may return it to BACSAC following the procedure stated in clause 9.3.

9.2. Warranty
Some Products may be subject to an extended warranty provided by the manufacturer. In this case, the procedure and the warranty period are mentioned on the Website’s Product page and detailed in the Product’s manual delivered with the Product. The warranty does not cover damages, breaks or malfunctions from non-respect of precautionary measures.

9.3. Cancellations

9.3.1.
Apart from the exceptions stated below and for the purposes of sales events, all Products sold are subject to the Cancellations clause.

Under Regulation 10 of the Distance Selling Regulations, the Customer has the legal right to cancel his Order within seven (7) working days, starting on the day after the day on which the goods are received. However, certain Products (specifically products made to measures) cannot be subject to the Customer’s right to cancel. In any case, Customers will be told about the Products involved.

The aforesaid cancellation right of 7 working days does not apply, except if the Parties agree in a different way, to the following sale agreements:
- To the sale agreements of which the price is fixed according to the financial market variations and/or can not be controlled by the supplier,
- To the sale agreements related to goods which were made according to the consumers’ requirements or which were obviously customized, or which cannot be returned because of their nature,
- To the sale agreements related to goods which are likely to deteriorate and be outdated quickly (eg. dairy Products),
This category includes items with a kilometre counter or a time counter as any use will impact the item’s value and render any resale impossible,
- To the sale agreements related to sound or video records, or software, if they were unsealed by the Customer,

The Customer returning a Product within this period will obtain a reimbursement of both the amount of the Product and the shipping costs (which do not include the returning costs). Following BACSAC’s proposal, the Customer having exercise his Cancellation’s right, may choose for an exchange or a credit of the same amount.

9.3.2.
You can exercise your right to cancel by e-mail or another durable medium. In order to process the return as fast as possible and most convenient for you, we would like you to contact our Customer Service:
- by e-mail : via the direct contact form available from our contact page at http://www.bacsac.com/contact.html
- By phone : + 33 (0) 1 42 18 02 44(France local rate) from 9am until 6pm – Monday to Friday.
- by mail to the address BACSAC – Customer Service – 6, rue des Fossés Saint-Jacques 75005 PARIS– France

Any goods returned without prior notice and accordance by our Customer Service will not be accepted.

Any goods returned must be packed in their original packaging. BACSAC may claim refund to the Customer in case of damaged products or goods which have been used and sent without applying reasonable care.

The Customer will be refunded within (30) days from the Order is received in our warehouse. Refunds are generally made by bank transfer so BACSAC may need the Customer’s bank details.

9.3.3.
The goods should be returned to the following address:

BACSAC – Service Retours
6, rue des Fossés Saint-Jacques

75005 France

The Customer is able to organize the return himself at his own expense to the address above. All goods must be dispatch by traceable post, including the reason for exchange or refund.

9.3.4.
We remind the Customer that if he receives a Product damaged in transit and if the Customer has recorded this damage on the delivery sheet – all return charges will be at BACSAC expenses. If the Customer receives a faulty Product, return charges will be borne by BACSAC as well.
In both cases:
•    If the Product can be returned by Royal mail to the address above, BACSAC will refund the return charges on presentation of a receipt (the Customer will have to return the parcel by Royal mail only, as recorded).
•    If the Product is too heavy or too voluminous, we will organize the return by a carrier who will contact the Customer to pick up the goods, at our expense.

 

10 – Product conditions of use

10.1.
Prior to any Order and use of the Products, the Customer shall read all information available on the Website, and seek specifications and components of the Products and ensure that they are compatible with his private use.

10.2.
The Customer undertakes to respect instructions of use given by the suppliers and available on the packaging and the Product’s manual before use. For further information on the Product’s specifications, please contact our Customer Service.

 

11 – Liability

11.1.
Products offered on the Website are compliant with the applicable legislation and standards in France.

BACSAC undertakes exclusively to comply with all current legal terms applicable in the France. No regulations specific to the country of delivery and/or consultation of the Website shall be applied.

The Customer is solely responsible for ensuring that applicable legislation in his country is complied with. And it is up to Him to investigate with the relevant local authorities any possible restrictions on the import, export or use of the Products.

11.2. 
BACSAC is solely responsible for the supply of Products in the conditions described in these Terms and Conditions. In no event shall BACSAC’s liability be engaged for advices, recommendations and Product conditions of use provided by the Suppliers on Product’s manuals.

11.3.
BACSAC’s liability is limited to direct and predictable damages occurring to the Customer as a result of using the Website and the Products. BACSAC shall not be liable for damages caused by any failure from the Customer as a result of using the Website or the Products.

BACSAC shall not be held liable if the non-execution or poor execution of its obligations is attributable to the Customer, or to the act, unforeseeable and unavoidable, of a third-party during the Products delivery, or due to a case of force majeure, unforeseeable, uncontrollable and external.

11.4.
BACSAC shall not be held responsible for (i) content available on other sites or Internet sources accessible through hypertext links inserted on the Website (and in particular owing to advertisements, Products, services or any other information) neither (ii) for any damages of any kind resulting from visiting those sites.

The Customer acknowledges the limits of the Internet and methods of electronic communication. Consequently, BACSAC shall not be held liable for non-availability of the Website or for any difficulties in connecting or for any interruptions in connection while visiting the Website or when placing an Order.

11.5.
Unless otherwise provided, the Website is accessible at any place whatsoever, as long as the minimum technical conditions are respected, particularly in terms of access to the Internet network, to the mobile telephony network, and to the technical compatibilities of the equipment used. In view of the world-wide nature of the Internet network, the Customer agrees to comply with all rules of public policy concerning behaviour of the users of the Internet network and applicable in the country from which he uses the Website.

 

12 – Privacy policy

12.1. 
BACSAC does not pass on the Customer’s details to any third party unless the Customer has given permission to do so.
The personal information requested from and related to the Customer is essential to process and ship his Order, to issue invoices and to draft warranty agreements, as the case may be or for the benefit of satisfaction’s questionnaires. This information may also be provided to judicial of administrative authority.

The Customer may exercise its right of access, correction and deletion of the information related to Him by modifying directly his personal information in his member account page or by writing to, or calling, BACSAC, 6, rue des Fossés Saint-Jacques 75005 PARIS FRANCE tel + 33 1 42 18 02 44 or email: eshop@bacsac.com. All information provided by the Customer will be treated securely.

When creating or consulting their online accounts, Customers will have the option of choosing whether to receive from BACSAC, and/or partners, commercial or promotional offers by e-mail. Should the Customer wish, for any reason, to not receive such offers, he shall at any time cancel his subscription whether by clicking on the corresponding link in the e-mails or by modifying his details on his online account.

12.2.
« BACSAC will  store the contract’s content and will send you the details of your order as well as the general terms via e-mail. You can find the Terms and Conditions here at all times. The details about your recent orders can be found in your customer account. »

12.3.
The Website makes use of “cookies”, i.e. fragments of information that may be stored on the user’s hard disk. Cookies do not contain any personal data but can simplify the use of the Website. Cookies for instance are used to keep track of the user’s language code, so that on his next visit the user automatically ends up with information in his native language. The use of cookies is generally accepted and virtually all important websites use them.

If the Customer does not wish BACSAC to automatically place cookies on his PC’s hard disk, he can change his browser settings so that these cookies are automatically rejected, or so that he may be informed of such placement of a cookie. The Customer should bear in mind that if he rejects cookies, certain parts of the Website may not work or may be less accessible.

The Customer may prevent the registration of cookies by configuring his browser:

For Mozilla Firefox:
-    Click on the Firefox button and then click Options
-    Select de Privacy panel
-    Set Firefox will: to Use custom settings for history.
-    Remove the check mark from Accept cookies from sites.
-    Click OK to close the Options window
-
For Internet Explorer:
-    Click the Tools button, and then click Internet Options.
-    Click the Privacy tab, and then, under Settings, move the slider to the top to block all cookies or to the bottom to allow all cookies, and then click OK.

Analytical tools are used on the Website, which track the users activity and create anonymous user profiles.

 

13 – Suspension – Termination

 

The Customer may at any time terminate his subscription to the Website and close his member’s account. To this end, the Customer shall address his termination request to the Customer Service.

In the event of any breach by the Customer of any of his obligations, in particular in case of payment incident, BACSAC reserves the right to suspend the Customer’s access to the Website or any services offered by BACSAC, or even terminate his Customer’s account depending on the degree of gravity. BACSAC reserves the right to refuse any Order from a Customer with whom there is a pre-existing dispute of any kind.

 

14 – Industrial and Intellectual property rights

 

All elements on the Website, e.g. visual, pictures, audio, writings, animations, visual identity, database utility, software and other underlying technologies are protected by copyright, brand and patent law. They remain the exclusive property of BACSAC.

The BACSAC’s  trademark, as well as all trademarks, figurative or otherwise, and more generally all other trademarks, illustrations, images and logos included on Products, their accessories or packaging, registered or unregistered, are and shall remain the exclusive property of BACSAC, with exception to visuals, trademarks and logos of BACSAC partners on the Website.

Any full or partial representation, modification, reproduction, distortion, of all or part of the Website or its contents, by any procedure whatsoever and in any medium whatsoever, without prior express permission of BACSAC is strictly forbidden.

Any hypertext link to the Website is strictly forbidden without express agreement from BACSAC. A Customer willing to place a hypertext link on his personal site directly to the home page of the Website must ask express permission to BACSAC.

 

15 – Miscellaneous

15.1. 
In the event that any one of the provisions of these Terms and Conditions should be deemed to be illegal or non-binding pursuant to a legal decision, the other provisions shall remain effective.

15.2. 
The acceptance by the Customer of these Terms and Conditions has the same probative force as a hard-copy written document.

Under the Ecommerce Regulations, the information delivered by the Website are deemed to be authentic in dealings between the Parties. Details such as time of receipt or of sending, along with the quality of the data received shall be deemed to be authentic, with priority given to the data recorded on BACSAC’s IT systems, or as authenticated by BACSAC’s computer procedures, unless the Customer can prove otherwise in writing. The scope of the proof of the information delivered by BACSAC’s computer systems is that granted to an original in the sense of a written document on paper, signed by hand.
Emails sent between BACSAC and the Customer shall be deemed to be the evidence of the communications, and if so of their commitments, in particular in case of Orders or payments.

15.3.
The archiving of contractual documents is done on reliable and long lasting supports in order to provide a true and long lasting copy

15.4.
The fact that BACSAC or the Customer do not exercise any one of the rights under the Terms and Conditions shall not be deemed to be a waiver on its part of that right, such waiver being effective only where expressly declared.

15.5. Force majeure
BACSAC shall have no liability to the Customer for any failure to deliver goods he has ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

 

16 – Law – Disputes

These Terms and Conditions in the English language shall be performed and interpreted in accordance with the legislation of France.

In the event of a dispute, the Customer must first of all contact BACSAC in order to attempt to reach a friendly solution. Failing this, the Paris Court shall have sole jurisdiction.

The Terms and Conditions also apply for all Website’s users who did not place an Order, in particular Clause 11 to 15.