Terms and Conditions of Sale

General Terms and Conditions of Sale

Article 1 – Definitions

These General Terms and Conditions of Sale (hereinafter the “GTC”) are proposed by the company Easy World, registered under number 0776.617.434 and whose registered office is at Avenue Romain Rolland 99, 1070 Brussels. (hereinafter Bébé Calinou).

Hereinafter referred to as:

“Bébé Calinou” or the “Site”: the website "https://bebecalinou.com" and all of its pages, operated by the company Easy World.

“Intermediary” or “Service Provider”: the company Easy World (Bébé Calinou), acting as a commercial intermediary mandated by the Client to manage the procurement of Products from partner suppliers and organize their shipment.

“Partner Suppliers”: manufacturers, wholesalers, or third-party agents from whom Products are acquired on behalf of the Client.

“Products” or “Services”: all products (goods) and services (provisions) that can be purchased or subscribed to on the Site.

“Client”: the internet user, whether an individual or professional, making a purchase of Product(s) or Service(s) on the Site.

“Consumer,” in accordance with the definition in the preliminary article of the Consumer Code: “any natural person who acts for purposes that are outside the scope of his or her commercial, industrial, craft, or liberal activity.”

Internet users visiting the Site and interested in the Products and Services offered by the Service Provider are invited to read these GTC carefully, to print them and/or save them on a durable medium, before placing an order on the Site.

The Client acknowledges having read the GTC and accepts them in full.

Article 2 – Application of the GTC and Purpose of the Site

The Intermediary reserves the right to modify the GTC at any time by publishing a new version of them on the Site.

The GTC applicable to the Client are those in force on the day of their order on the Site.

Legal information concerning the host and publisher of the Site, the collection and processing of personal data, and the terms of use of the Site are provided in the general terms of use, the legal notices, and the data charter of this Site.

This Site offers online sales of products for babies and children, as well as accessories. Products are sourced from external Partner Suppliers; the Intermediary coordinates procurement and shipping on behalf of the Client.

The Site is freely accessible to all Clients. The acquisition of a Product or a Service implies the Client’s acceptance of these GTC in their entirety, who thereby acknowledges having fully read them. This acceptance may consist, for example, for the Client, of checking the box corresponding to the phrase of acceptance of these GTC, for example, with the mention "I acknowledge having read and accepted all of the Site's general conditions." Checking this box will be deemed to have the same value as a handwritten signature by the Client.

The acceptance of these GTC implies that Clients have the necessary legal capacity to do so. If the Client is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Client acknowledges the evidentiary value of the Service Provider's automatic recording systems and, unless they provide proof to the contrary, waives the right to dispute them in the event of a dispute.

Any Order for Products implies the Client's unreserved acceptance and full adherence to these General Terms and Conditions of Sale, which prevail over any other document: catalogs, advertisements, notices, unless expressly agreed otherwise in advance by the Company.

Article 3 – Customer Service

The customer service of this Site is accessible by email at the following address: contact@bebecalinou.com, by contact form on the Site, or by postal mail to the address indicated in the legal notices. The Client must indicate in the email their first name, last name, the subject of their request, and their Order number.

For any professional request (partnership, media, contract proposal), the Company can only be reached by email at contact@bebecalinou.com.

Article 4 – Terms of Placing Orders and Description of the Purchase Process

The Products and Services offered are those listed in the catalog published on the Site. Each product is accompanied by a description prepared by the Intermediary based on the descriptions provided by the Partner Supplier.

The photos on the Site are non-contractual and may vary slightly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.

Hereinafter, "Cart" refers to the intangible object grouping all Products or Services selected by the Client of the Site for purchase by clicking on these items. To place an order, the Client chooses the Product(s) they wish to order by adding them to their "Cart", the content of which can be modified at any time.

The Client places the Order via the Site: the Client registers and confirms the Order on the Site.

To place an Order on the Site, the Client freely selects one or more Products from the Site's catalog by clicking on the "add to Cart" button. On the "Cart" page, the Client has the option to check the details of their Order and correct any errors before confirming it.

On the "Information" page, the Client must enter their contact information. They can opt to track their Order by email by checking the required box.

On the "Delivery" page, the Client must choose their proposed shipping method.

On the "Confirmation" / "Payment" page, the Client must enter their bank details and billing address. The Client also has the option to enter a promotional code if they have one.

A complete summary of the Order appears. The Client has the option to modify all elements of the Order before finalization. The Client is responsible for any errors related to the Order, Products, and contact information.

The sale is validly formed when the Client has confirmed the Order by clicking on the "Finalize my order" button, has accepted the General Terms and Conditions of Sale, and has made payment according to the chosen method, subject to the exercise of the right of withdrawal.

The validation date of the Order corresponds to the date of receipt of the full payment of the total price including taxes, duly noted.

Article 4 bis – Sourcing and mandate given by the Client

By validating their order, the Client authorizes Bébé Calinou to manage the sourcing of the Product from its partners and to organize its shipment to the address provided.

Bébé Calinou acts as a commercial intermediary responsible for processing the order and coordinating its delivery with selected suppliers. This operating method is accepted by the Client upon purchase.

Article 5 – Price and Payment Terms

Unless otherwise stated, prices in the catalog are understood to be in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order and excluding any possible participation in processing and shipping costs.

Bébé Calinou reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Intermediary also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the Client.

The Client can place an order on this Site and can make payment by Credit Card, Bancontact, Apple Pay or PayPal. Payments by credit card are made via secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Client's payment methods. Payment is made directly to the bank or payment provider receiving the Client's payment. In the case of payment by bank transfer, the delivery times defined in the "Deliveries" article of these GTC only begin to run from the actual date of receipt of payment by the Intermediary, the latter being able to prove this by any means. The availability of Products is indicated on the Site, in the descriptive sheet of each Product.

Bébé Calinou will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments, and transactions between the parties.

Article 6 – Deliveries

Delivery costs will be indicated to the Client before any payment. The Site has no geographical delivery limitation; orders can be shipped worldwide. The delivery times indicated during the order are for informational purposes and remain dependent on possible delays by postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Client declares himself to be the importer of the Product and accepts that in such a case the Intermediary may be physically unable to provide them with exact information on the total amount of fees relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the ordered Products, the Intermediary undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Client.

In the event of a hand delivery, the Client may refuse a package at the time of delivery if they notice an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be imperatively indicated by the Client on the delivery note, in the form of handwritten reservations, accompanied by the Client's signature. To exercise their right of refusal, the Client must open the damaged or defective package(s) in the presence of the carrier and have them take back the damaged goods. In the event of a mailbox delivery, the Client agrees to immediately check the package and contact Bébé Calinou support if they notice any anomaly. Failing to comply with these provisions, the Client will not be able to exercise their right of refusal, and the Intermediary will not be obliged to comply with the Client's request to exercise the right of refusal.

If the Client's package is returned to the Intermediary by the Post Office or other postal service providers, the Intermediary will contact the Client upon receipt of the returned package to inquire about the next steps for their order. If the Client mistakenly refused the package, they can request its reshipment by first paying the postal fees for the new shipment. Postal fees must be paid even for orders for which shipping was offered at the time of the initial order.

In case of delivery error or exchange (if the right of withdrawal is applicable, i.e., if the Client is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Intermediary in its entirety and in perfect condition. Any defect resulting from the Client's clumsiness or mishandling cannot be attributed to the Intermediary.

Any delivery delay compared to the date or deadline indicated to the Consumer Client when placing their order or, in the absence of a date or deadline indication when ordering, exceeding thirty (30) days from the conclusion of the contract may lead to the cancellation of the sale at the Consumer Client's initiative, upon written request from them by registered letter with acknowledgment of receipt, if, after having enjoined the Intermediary to make the delivery, the latter has not complied. The Consumer Client will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.

Special case of a package whose tracking number indicates "delivered" but not received in the mailbox: if the Client notices and informs the Intermediary that the package is not in their mailbox despite its tracking number indicating that it is "delivered," customer service may request additional information and an official document from La Poste responding to their complaint regarding the corresponding tracking number. The Intermediary will then make every effort to ensure Client satisfaction, notably by offering immediate reshipment of the products at its own expense.

Article 7 – Right of Withdrawal and Withdrawal Form

The Consumer Client has thirty (30) days from the date of receipt of their ordered product to withdraw. They will be required to return any product that does not suit them and request an exchange or refund without penalties, with the exception of return costs, within fourteen days from Bébé Calinou's receipt of the refund request.

The Product must be returned in perfect condition, unopened in its original packaging, and unused. The Consumer Client can find below a standard withdrawal form for an order placed on the Site, to be sent to Bébé Calinou. It is understood that the Client will bear the costs of returning the Product in case of withdrawal.

The Client is recommended to make the return using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Intermediary, it will not be possible to initiate an inquiry with postal services to request them to locate it.

The refund will be made using the same payment method as chosen by the Client for the initial transaction, unless the Client expressly agrees that the Intermediary uses another payment method, and provided that the refund does not incur costs for the Client.

The Intermediary also reserves the right to defer reimbursement until receipt of the Product or as long as the Client has not demonstrated that they have shipped the Product, if such a demonstration has not previously occurred.

In the event of depreciation of the Products resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the Product(s), the Client's liability may be engaged.

In accordance with Article L121-17 of the Consumer Code ("Hamon Law") of June 2014, the Consumer Client can find below a standard withdrawal form for an order placed on the site:

Withdrawal Form

(Please complete and return this form only if you wish to withdraw from the contract.)

To the attention of:

Bébé Calinou - Avenue Romain Rolland 99, 1070 Brussels, Belgium

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following goods:

Order number:

First name / Last name:

Phone number:

Email address:

Postal address:

Reason for complaint:

Exchange* (please state the desired product)
Refund* (attach full bank details with IBAN and BIC)

Signature of Client(s) (only in case of notification of this form on paper):

Date:

(*) Strike out what is not applicable.

Article 8 – Product Warranty

The legal guarantee of conformity applies independently of any commercial warranty that may be granted.

The consumer may decide to invoke the warranty against hidden defects of the sold item as defined in Article 1641 of the Civil Code, unless the seller has stipulated that they will not be bound by any warranty; in the event of invoking this warranty, the buyer has the choice between rescinding the sale or a reduction in the selling price in accordance with Article 1644 of the Civil Code. They have a period of two years from the discovery of the defect.

The postponement, suspension, or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose, in accordance with Article 2232 of the Civil Code.

All items acquired on this site benefit from the following legal guarantees, as provided by the Civil Code:

Legal Guarantee of Conformity

The Intermediary is obliged to deliver goods that conform to the contract concluded with the Consumer Client and to be liable for any defects in conformity existing at the time of delivery of the Product. The guarantee of conformity can be exercised if a defect exists on the day the Product is taken possession of.

However, it will be up to the Client to prove that the defect indeed existed at the time of taking possession of the Product.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the seriousness of the defect. They are then obliged to proceed, unless impossible, according to the option not chosen by the buyer."

Legal Guarantee against Hidden Defects

In the event of non-conformity of a Product delivered, it may be returned to the Intermediary who will proceed with its exchange. If the Product cannot be exchanged (obsolete product, out of stock, etc.), the Customer will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the shipping costs for returning the Product) are then borne by the Intermediary.

Article 9 – Liability

The Intermediary Bébé Calinou cannot be held responsible for the non-performance of the concluded contract due to the occurrence of a force majeure event. Regarding the Products purchased, the Intermediary will not incur any liability for any indirect damages arising from these terms, loss of operation, loss of profit, damages or expenses that may occur.

The choice and purchase of a Product or Service are under the sole responsibility of the Customer. Total or partial inability to use the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, refund, or questioning of the Intermediary's liability, except in the case of a proven hidden defect, non-conformity, defect, or exercise of the right of withdrawal if applicable, i.e., if the Customer is a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, according to Article L 121-21 of the Consumer Code.

The Customer expressly acknowledges using the Site at their own risk and under their exclusive responsibility. In any case, Bébé Calinou cannot be held liable for:

- any direct or indirect damage, especially concerning loss of profits, loss of earnings, loss of clientele, loss of data that may result from the use of the Site, or conversely from the impossibility of its use;
- a malfunction, unavailability of access, improper use, improper configuration of the Customer's computer, or the use of an uncommon browser by the Customer;
- the content of advertisements and other links or external sources accessible by Customers from the Site.

The Intermediary's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals on the Site or if the latter are erroneous or incomplete.

Article 10 – Force Majeure

In accordance with Article 1218 of the Civil Code, events beyond the control of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, are considered as cases of force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations entirely impossible.

The occurrence of a force majeure event will automatically suspend the execution of the Order.

Beyond a period of ninety (90) calendar days, if the parties confirm the persistence of the force majeure event, the Order may be cancelled by either party, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgment of receipt denouncing the said sales contract.

The effective date of termination will be the date of the first presentation of the letter. In this hypothesis, neither party may claim the granting of damages, unless otherwise agreed by both parties.

Article 11 – Intellectual Property Rights

All elements of this Site belong to the Intermediary or a third-party agent, or are used by the Intermediary with the authorization of their owners.

All texts, comments, works, illustrations and images, whether visual or auditory, reproduced on the Site are protected by copyright, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly forbidden without the express written consent of the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.

Only the use of the Site for private use, subject to different or more restrictive provisions of the Intellectual Property Code, is authorized.

Any total or partial reproduction of the Company's catalog is strictly prohibited. Any other use constitutes counterfeiting and is punishable under Intellectual Property law unless prior authorization is obtained.

Any reproduction, representation, adaptation of logos, textual, pictorial, or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Customer who commits counterfeiting may have their account deleted without prior notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, at the initiative of the Intermediary or its agent.

The trademarks and logos contained on the Site may be registered by Bébé Calinou, or possibly by one of its partners. Any person who represents, reproduces, embeds, disseminates and redistributes them incurs the penalties provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

Article 12 – Processing of Personal Data

The Company collects customer data:

a) for the purpose of processing and tracking the Customer's Order on its Site; (and/or)
b) for the purpose of contacting you about various events related to the Company, including Product updates and customer relationship management; (and/or)
c) for the purpose of collecting information to improve the Site and our Products (particularly through cookies).

The collected data is processed by the contractual service providers of the Site who are in charge of packaging and distributing the ordered Products, as well as by the hosting provider, Shopify Inc. whose servers are secured and protected by a firewall.

The collected data is retained by the Company only for the time corresponding to the purposes of the collection mentioned above, which in no case shall exceed five (5) years.

In accordance with Law No. 2018-493 of June 20, 2018, relating to the protection of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the General Data Protection Regulation (GDPR), the Customer benefits from a right of access, modification, rectification, deletion, or opposition for legitimate reasons, concerning their data.

The Customer can exercise their rights by e-mail to contact@bebecalinou.com.

Article 13 – User Comments and Other Submissions

If the Customer sends ideas, proposals, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), at the request of the Company or not, the Customer grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any medium any comments that the Customer sends to it.

The Company is not and shall not be obliged (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

The Company may monitor, modify, or delete content that it deems, in its sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale.

The Customer agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. The Customer agrees not to write unlawful, defamatory, offensive, or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false email address, pretend to be someone else, or try to mislead the Company and/or third parties as to the origin of their comments.

The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability with respect to comments published by the Customer or by a third party.

Article 14 – Severability

If any provision of the GTC is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC replace all prior or contemporaneous written or oral agreements. The GTC are not assignable, transferable, or sublicenseable by the Customer themselves.

A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC must be written in the French language.

Article 15 – Governing Law and Mediation

The General Terms and Conditions of Sale are governed by French law.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked, stolen or falsified bank card. In this context, no amicable conciliation attempt will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and does not exempt the Customer from the performance of their contractual obligations.

Indemnification

You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the website or our products and services, your violation of the terms or your breach of your acknowledgements, agreements, representations, warranties and obligations hereunder.

National or cross-border disputes that may arise concerning the validity, interpretation, execution or non-execution, interruption or termination of this contract, may be submitted to mediation at the Customer's request.

https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage, a Mediator approved by the Commission for the Evaluation and Control of Consumer Mediation (CECMC), is appointed as Consumer Mediator to facilitate the resolution of disputes between the Company and its Customers, for a period of three (3) years from [01/05/2019].

The European Commission website describes the mediation process used and allows Customers to submit a mediation request online with supporting documents.

The dispute cannot be examined by the Mediator if:

- the Customer does not justify having previously attempted to resolve their dispute directly with the Company through a written complaint,
- the request is manifestly unfounded or abusive,
- the dispute has been previously examined or is being examined by another mediator or by a court,
- the consumer has submitted their request to the mediator more than one year after their written complaint to the Company,
- the dispute does not fall within their scope of competence.

Mediation is free of charge for the Customer. If the Customer, at any stage of the mediation, uses a lawyer, a third party of their choice or an expert to defend them, they alone shall bear the costs.

The Mediator may not receive any instructions from the parties or be remunerated based on the outcome.

Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.

The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, stolen or falsified check. In this context, no attempt at amicable conciliation will be accepted.

The fact that a clause in these General Terms and Conditions of Sale becomes null and void shall not call into question the validity of the other stipulations and shall not exempt the Customer from the performance of their contractual obligations.

Parts warranty:

The warranty is limited to 30 days following the purchase date under normal use conditions and excluding breakdowns caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.

All rights reserved – July 01, 2022

Article 16: SMS Policy

SMS Policy:

By consenting to Bébé Calinou's SMS marketing at checkout and initiating a purchase or subscribing through our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned checkout reminders), SMS marketing offers, and transactional SMS messages, including review requests from us, even if your mobile number is registered on a national or federal do not call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we provided you in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.

For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://bebecalinou.com/pages/contact or by email at contact@bebecalinou.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that any messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, may not be received, and we will not be obliged to honor requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or service.

Your right to privacy is important to us. You can review our privacy policy: https://bebecalinou.com/pages/politique-de-confidentialite to determine how we collect and use your personal information.