General Terms and Conditions of Sale
ARTICLE 1: SCOPE
These general terms and conditions of sale (hereinafter the “General Terms and Conditions of Sale”) apply to all sales:
via the bambam-editions.com website (hereinafter the “Site”), owned by SAS LUZARD (hereinafter the “Seller”), registered with the Paris Trade and Companies Register under number 988 547 667, intra-Community VAT number FR30988547667, with share capital of €1,000.00 and registered office at 15, rue de Miromesnil, 75008 Paris;
to individuals purchasing for their personal needs or legal entities purchasing for their professional needs (hereinafter the “Customer(s)”), excluding resale activities;
concerning the product(s) (hereinafter the “Product(s)”), art prints printed on textile + frame.
The Site reserves the right to amend its General Terms and Conditions of Sale at any time. Amendments to the General Terms and Conditions of Sale are enforceable from the time they are posted online, and the version applicable to the Customer’s purchase is the one in force on the Site at the time the order is placed.
The General Terms and Conditions of Sale are available on the Site and may be freely consulted online, copied, saved, and printed by the Customer.
When placing the Order (hereinafter the “Order”), the Customer warrants that they have full knowledge of the General Terms and Conditions of Sale and full legal capacity to accept them.
The main characteristics of the Products, in particular the specifications, illustrations, and indications of dimensions or capacity, are presented on the Site. The Customer is required to review them before placing any order.
Furthermore, the selection and purchase of a Product are the sole responsibility of the Customer.
Product offers are valid while stocks last, as specified when the Order is placed.
The Customer declares that they have read these General Terms and Conditions of Sale and accepted them by ticking the box provided for this purpose before implementing the Site’s ordering procedure. The Customer’s validation of the Order constitutes irrevocable and unconditional acceptance of the General Terms and Conditions of Sale.
Data recorded by the Site and confirmed to the Customer constitutes proof of all transactions concluded with the Customer.
The Products presented on the Site are offered for sale in France and Europe. In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and the French overseas departments and territories (DOM-TOM), the price will be automatically calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be payable and will be borne by, and are the sole responsibility of, the Customer.
ARTICLE 2: ORDERS
Once the Order has been completed online, the Customer may review the Products ordered and the total price of the Order. The Customer may amend the Order before validating it; this final step formalises the distance sales contract between the Site and the Customer and necessarily implies the Customer’s irrevocable acceptance, without restriction or reservation, of the General Terms and Conditions of Sale prior to validation of the Order. An order confirmation is then sent to the Customer by email.
The Customer’s validation of the Order constitutes acceptance of the prices, quantities, and Products offered for sale on the Site. It is the Customer’s responsibility to check the accuracy of the Order and to immediately report any error they may have made.
The sale will be deemed final with respect to the Customer as soon as the Order is validated. Indeed, in accordance with Law No. 2000-230 of 13 March 2000 on electronic signatures and Law No. 2004-575 on confidence in the digital economy of 21 June 2004, any Order validated by the Customer by “double-click” or by their consent on their phone constitutes irrevocable acceptance of the sale, akin to a handwritten signature.
The sale will be deemed final with respect to the Site only after the Customer has been sent the Order confirmation by email and after full payment of the sale price has been effectively received, except in the case of sales validated with payment in instalments or on credit.
It is specified that the Site reserves, in particular, the right to refuse to fulfil an Order placed by a Customer involved in a previous or ongoing dispute with the Site.
Product offers are always subject to stock availability; Orders are processed in the order in which they are recorded in the Site’s IT systems and subject to stock availability.
The Customer may track the progress of their order on the Site.
Information on Product availability is visible on the Site or provided when the Order is placed. However, stock discrepancies or stockouts are always possible. As soon as they are identified, the Site undertakes to contact the Customer by email or phone to inform them of the change in the delivery timeframe for their Order, to offer an equivalent model, a credit note, or a refund of the Order.
Any cancellation of the Order by the Customer, after acceptance by the Seller, will only be possible within fourteen days following the Seller’s acceptance of the Order, and as long as delivery has not taken place (regardless of the provisions relating to whether or not the statutory right of withdrawal applies).
ARTICLE 3: PRODUCTS
The Products offered for sale on the Site are presented with their photos and technical descriptions (for example: texts, sketches, dimensions), so that the Customer can learn the essential characteristics of the Products before ordering.
In addition, the Customer may ask the Seller questions by email (info@bambam-editions.com) if they wish to obtain further details before ordering.
Please note that the appearance of a photo may differ from the actual Product. Differences in shades due to light, reflections, or simply the quality of colour rendering on the Customer’s screen are possible, as are differences or distortions in the perception of dimensions.
The Site shall not be held liable for these differences between the photo and reality, nor in the event of an error in a technical description.
ARTICLE 4: PRODUCT PRICES
Product prices are clearly indicated on the Site, as well as their period of validity in certain cases (for example, a time-limited promotional offer).
The Site reserves the right to change its prices and commercial offers at any time, in compliance with applicable regulations.
For an Order, the applicable price is the one indicated at the time the Order is validated and confirmed by the Site, regardless of any subsequent price changes, whether decreases or increases.
Prices are expressed in euros, all taxes included.
These prices do not include processing, shipping, transport, and delivery costs, or any other additional service, which will be billed to the Customer as an extra charge.
Unless otherwise stipulated in these General Terms and Conditions of Sale, or on the Site when the Customer validates the Order, delivery costs are always borne by the Customer and are not included in the Product price.
A final summary invoice is issued and sent to the Customer upon simple request.
ARTICLE 5: PAYMENT TERMS
The sale price is payable in cash, in full on the day the Order is placed, except for clearly indicated instalment payment offers.
Online transactions are fully secured thanks to our partners BNP / PayPal.
The Site offers several secure payment methods to order a Product:
By bank card (Carte Bleue, Visa, MasterCard, etc.). The card is debited at the time of the Order. Validation of payment by the Site allows parcels to be shipped to the Customer’s home.
Via a PayPal account.
Once the order has been completed on the Site, the Products are reserved by the Seller for 15 days.
The Customer will receive a confirmation email containing a summary of their order. The cheque will be cashed upon receipt. Payment is validated after the funds have been received. The parcel will be shipped upon receipt of payment.
Payments made by the Customer, regardless of the payment method, will only be considered final after the Seller has effectively received the sums due. The Seller shall not be required to deliver the Products ordered by the Customer if the Customer does not pay the full price, under the conditions mentioned above.
In order to limit the risk of fraud, the Site may carry out checks relating to the validity of payments made. In the event of a check, the Customer is notified by email of the supporting documents (a legible double-sided photocopy of an identity document and proof of address) to be sent to the Site in order to allow final validation of the Order. Following this possible check, the Site reserves the right to accept or reject the Order. If the supporting documents are not received within 48 hours, the Site will refuse to validate the payment and will reject the Order.
ARTICLE 6: TRANSFER OF OWNERSHIP – TRANSFER OF RISK
The Product ordered by the Customer remains the full property of the Site until full payment has been effectively received by the Seller for all sums due by the Customer, even if the Order has already been delivered.
However, the transfer of ownership and the transfer of risks, in particular the risk of loss and damage to the Products, will only take place after full payment of the Product price, regardless of the delivery date to the Customer.
ARTICLE 7: DELIVERIES
Delivery costs for the Products to the Customer are clearly indicated and are added to the Product price.
The Site undertakes to use its best efforts to ensure that the ordered Products are delivered within the timeframes indicated on the Order, depending on availability, supply and transport possibilities, and in the order in which Orders are received. Deliveries may be made in full or in part.
Delivery times indicated when the Order is validated are calculated in business days (Monday to Friday, excluding public holidays). The timeframes mentioned are provided for information purposes only.
However, if the ordered Products are delivered after the indicated delivery date, by more than seven days, for any reason other than force majeure or the Customer’s actions, the Customer may cancel the sale by written request sent to the Seller, under the conditions set out in Articles L 216-2, L 216-3 and L 241-4 of the French Consumer Code, by registered letter with acknowledgement of receipt no later than fourteen days after the delivery date that had been indicated. The sums paid by the Customer will then be refunded in full within a maximum of fourteen days from the date of cancellation of the Order, excluding any other compensation, deductions, and return costs.
Products purchased on the Site may be delivered by carrier in mainland France. In this case, the Customer will be contacted by phone or email to arrange a delivery appointment.
Any delivery outside mainland France and the countries indicated in the country selection list in the cart is subject to specific conditions to be agreed with the Site. In this case, any Order placed that is delivered outside mainland France or the indicated countries may be subject to possible taxes and customs duties imposed when the parcel reaches its destination. These customs duties and possible taxes related to the delivery of an item are borne by the Customer and are their responsibility. The Site is not required to check or inform the Customer of applicable customs duties and taxes. It is the Customer’s responsibility to enquire with the competent authorities in the relevant country.
The Customer, or any person acting in their name and on their behalf, undertakes to be present on the agreed date and at the agreed place for delivery of the Products. In the event of absence at the delivery appointment, the Site reserves the right to charge the Customer the cost of the subsequent delivery. Any absence at this second delivery may result in the Customer being required to collect their goods from the warehouse indicated by the carrier within fifteen days.
The Site cannot be held liable for delivery issues resulting from difficulties accessing the delivery location, as well as for damage to the Products that may result from this or that results from the Products. The carrier therefore reserves the right not to deliver the Products, in particular to refuse deliveries via windows. It is the Customer’s responsibility to ensure that the delivery location is accessible, that delivery can be carried out without risk, and that the size/bulk of the ordered Products is compatible with delivery.
In the case of delivery inside the home, the Customer also undertakes to check the layout of the premises in order to allow proper installation of the Products (sufficient space, bulky items moved, fragile objects removed, etc.).
In the event of a specific request by the Customer regarding the packaging or transport conditions of the Products, duly accepted in writing by the Site, the related costs will be subject to an additional specific invoice, based on a quote previously accepted by the Customer.
If the Customer cannot be present on the day of delivery, they must choose an authorised person who will accept delivery and assume all responsibilities incumbent on the Customer. Accordingly, upon delivery, the Customer, or any person acting in their name and on their behalf, is required to check the condition of the delivered Products. They have two days from delivery to make any reservations or claims for non-compliance with the Order or apparent defects in the delivered Products, in a clear, precise, and detailed manner, together with all supporting documents, to the Site by registered letter with acknowledgement of receipt. After this period, and failing compliance with these formalities, the Products will be deemed compliant and free of any apparent defect, and no claim may be validly accepted by the Site.
Delivery is deemed to have been made as soon as the ordered Products are handed over by the Site to the carrier responsible for delivering them.
The Site sends an email confirming the Customer’s Order to the email address provided by the Customer, in order to summarise the contractual information, in particular the delivery address. This email is sent after validation of the Order and receipt of the associated payment.
The accuracy of the information provided by the Customer for delivery is their responsibility. In the event of an error, delivery delays cannot be attributed to the Site. Likewise, any additional costs generated by this error will be re-invoiced to the Customer, such as the cost of the carrier’s trip without being able to reach the Customer or additional storage costs for the Products. Accordingly, if the carrier is unable to contact the Customer for delivery due to incorrect postal or telephone details, shipping and return costs will be borne by the Customer.
Any change of address by the Customer may be subject to additional fees, which will be indicated by the Site.
If the Customer wishes to postpone the agreed delivery date, this will only be possible for a serious reason. The Customer must notify the Site by registered letter with acknowledgement of receipt, it being understood that any additional costs will be indicated and will remain payable by the Customer.
The two main delivery methods are:
1) Home delivery
Home delivery is carried out by Colissimo, Chronopost, GLS carriers and is available in mainland France only. For the whole of Europe, deliveries are handled by the DPD carrier.
Products are delivered directly to the Customer’s home within 24 to 72 hours depending on the selected carrier (business days only). A parcel tracking number is sent by email as soon as the parcel is shipped so that the Customer can track its progress. This tracking number is also permanently available in the customer account. The parcel is delivered against the Customer’s signature.
In the event of absence, the delivery person contacts the Customer using the phone number provided when the Order was placed.
If the Customer is unavailable, the parcel is deposited at the nearest Post Office. The Customer has fifteen days to collect the parcel.
If the Customer does not collect the parcel within fifteen days, it is automatically returned to the Seller.
The Customer must open and inspect it in the presence of the delivery person before signing the delivery note. If one or more items are damaged, the Customer must refuse the parcel and indicate on the transport document “Parcel refused because damaged”.
If the parcel shows signs of having been opened, the Customer must check its contents in front of the delivery person. If one or more items are missing, damaged, or non-compliant, the Customer must refuse the parcel and note their remarks on the delivery note.
The Seller will refund or replace, as soon as possible and at its own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, in accordance with the conditions set out in Articles L 217-4 et seq. of the French Consumer Code and those set out in the Site’s General Terms and Conditions of Sale.
If the above instructions are not followed, no claim will be admissible (Article L.133-3 of the French Commercial Code). Consequently, the Site will not accept any return of broken or damaged Products.
ARTICLE 8: RIGHT OF WITHDRAWAL AND RETURNS
The Customer benefits from a statutory withdrawal period of fourteen calendar days, in accordance with Article L 221-18 of the French Consumer Code in the context of a distance contract, to cancel all or part of their Order. This period begins on the date of delivery of the Order, or of the last parcel making up the Order if it is delivered in several parcels. However, this period is extended to 30 days at BamBam éditions.
In order to validly exercise their right of withdrawal, the Customer must inform the Seller within this 30-day period.
Accordingly, if the Products can be returned to stock and resold, all sums paid by the Customer will be refunded, except for shipping & return costs, in accordance with Articles L 221-23 to L 221-25 of the French Consumer Code. These return costs are borne exclusively by the Customer, who must organise the return shipment of the Products and bear the associated risks.
The return of the Products must be accompanied by a return note setting out in detail the reasons for the return, as well as a copy of the invoice.
The right of withdrawal cannot be exercised when the Products have been made according to the Customer’s specifications (fabric, colour, stitching, design, etc.) or are clearly personalised.
In order to validly exercise their right of withdrawal or return, the Customer must inform the Seller in advance.
After exercising the right of withdrawal, the Customer has fourteen days to return the Product(s) to the address provided.
Refunds for the Products are made within a maximum of 30 days from receipt of the withdrawal notice, subject to the condition of the Products.
If the returned Products do not reach the Site within the timeframes and conditions provided for in these General Terms and Conditions of Sale, the Customer will not be entitled to a refund or a credit note. In this case, the Site may reship the Products to the Customer, if the Customer so wishes, provided that the costs of this new delivery are paid in advance by the Customer.
Products must be returned to the following address:
LUZARD SAS 46 RUE DU MARRONNIER 77220 FAVIERES – FRANCE
ARTICLE 9: SITE LIABILITY – WARRANTY AND AFTER-SALES SERVICE
The Customer is solely responsible for the choice of Products, their storage, and their use.
However, the Products sold by the Site benefit, in accordance with legal provisions, from:
the statutory warranty of conformity (Article L 211-1 et seq. of the French Consumer Code);
the statutory warranty against hidden defects resulting from a defect in materials, design, or manufacture affecting the delivered Products and rendering them unfit for use (Article 1641 of the French Civil Code);
the Seller’s commercial warranty, depending on the Products and brands concerned, and according to the agreed terms. The content and terms of the commercial warranty are specified on the product sheet on the Site or in the maintenance and warranty booklet accompanying the Product.
Any warranty is excluded in the following cases:
– improper use or unsuitable use;
– negligence or lack of maintenance by the Customer;
– incorrect assembly, modification of the Product;
– abnormal wear of the Product;
– an accident affecting the Product such as impact, water damage, fire, unpacking using sharp objects, etc.;
– force majeure.
The Site’s warranty is limited to repair, replacement of a defective part, or replacement of non-compliant Products or Products affected by a defect, depending on the circumstances deemed most appropriate.
To exercise their rights or request application of the commercial warranty, the Customer must contact the Site by email or postal mail and provide a copy of the purchase invoice, together with a detailed explanation of the defect observed and photos. The Site undertakes to analyse and process these after-sales service requests as quickly as possible and to propose an appropriate solution. Where the liability of the production factory or the carrier is involved, their timeframe for acknowledging and processing the request will apply to the Site and the Customer.
In all cases, it is the Customer’s responsibility to establish the reality of the alleged non-conformities or hidden defects. In this context, the Customer will facilitate access to the Products for the Site so that it may carry out any checks if necessary.
Warranty periods are not extended in the event of repair or replacement of the Products. When the Product is taken back for repair, the Site is not required to provide a replacement product.
The Site’s liability is excluded in the event of delay or non-performance resulting from the occurrence of a force majeure event, as commonly recognised by French case law.
If the Customer’s claim is justified, the Site undertakes to refund the Customer the price of the Product, or to exchange the Product purchased by the Customer for an identical Product or a Product of equivalent quality and price, in the event of delivery of a non-compliant Product and in the event of delivery of a Product revealing a hidden defect.
The provisions of this article do not prevent the Customer from benefiting from the right of withdrawal under the terms defined above.
ARTICLE 10: LIMITS OF THE SITE’S LIABILITY
When placing the Order, the Customer is required to check the accuracy and completeness of the information they provide to the Site, such as their delivery address or phone number to arrange an appointment with the carrier. Accordingly, the Site cannot be held liable for such errors or their consequences on the proper performance of the Order, or for financial consequences such as a delivery delay or additional delivery costs.
The selection and ordering of a Product by the Customer are under their sole and exclusive responsibility. Consequently, total or partial inability to use the Products, in particular due to bulk or equipment incompatibility, cannot give rise to any compensation, refund, or liability claim against the Site.
When placing the Order, the Customer is also required to check the ordered Products and their quantities; once the Order has been validated and confirmed, the Site’s liability can no longer be engaged. Accordingly, in the event of an error, the consequences are borne by the Customer.
The Site cannot be held liable for non-performance of the contract in the event of stockout or unavailability of the Product, force majeure, disruption or total or partial strike, in particular of postal services and means of transport, communications (IT network failure, etc.), flooding, fire, exceptional weather, etc.
The Site shall not be liable for the consequences of unforeseen events or force majeure. Events considered as unforeseen events or force majeure exempting liability include any irresistible, unforeseeable facts or circumstances beyond the parties’ control, in particular in the event of a total or partial strike by carriers, difficult natural conditions such as snowfall, or natural disasters such as floods or fires.
The Site cannot be held liable, towards a Customer or a third party, for any direct or indirect damage, any loss of profit, customers, or turnover, or any loss of data, however caused. The same applies to damage to image or any action brought against the Customer by a third party.
The Customer is expressly informed that the Site is not the producer/manufacturer of the Products offered for sale. Consequently, in the event of damage caused to a person or property by a Product defect, only the liability of the producer/manufacturer may be sought by the Customer. The conditions and duration of the producer/manufacturer’s warranty are indicated in the Product descriptions or on the warranty documents.
The Products presented comply with current French legislation and the standards applicable in France. In the event of delivery outside mainland France, it is the Customer’s responsibility to check the Product’s compliance with local law, in particular whether it may be imported into the country concerned or any constraints on its use.
ARTICLE 11: DATA PROCESSING AND CIVIL LIBERTIES
Pursuant to Law 78-17 of 6 January 1978, the Customer has a permanent right of access, modification, rectification, and objection regarding information concerning them, with the Site.
This right may be exercised either by email at the following address: info@bambam-editions.com
– or by post to: LUZARD SAS 15 Rue de Miromesnil 75008 Paris.
The Seller undertakes to respect privacy and to protect the personal data of visitors.
The information collected by the Site when the Customer places an Order is necessary for the proper management of the Order, its processing, payment, and delivery.
Accordingly, the information collected may be transmitted to companies responsible for performing the services and Orders, such as factories, carriers, or for securing payment for the Products. This information and data are also retained for security purposes, in order to comply with legal and regulatory obligations.
In accordance with applicable regulations, the Customer’s request must be signed and accompanied by a photocopy of an identity document bearing the Customer’s signature, and must specify the address to which the response should be sent.
Depending on the choices made by the Customer when creating or consulting their account, they may receive offers from the Seller, as indicated when the account is created. If they no longer wish to receive them, they may request this at any time from the Seller by specifying it in the “My Account” section.
ARTICLE 12: INTELLECTUAL PROPERTY
All distinctive signs specific to the Site, in particular those appearing on the Site visually or audibly, are the exclusive property of BAMBAM Éditions or partner brands and factories and are protected by French and international intellectual property laws.
Any total or partial reproduction of these elements is strictly prohibited and may constitute an offence of infringement.
ARTICLE 13: APPLICABLE LAW
The sales contract, these General Terms and Conditions of Sale, and all resulting operations are governed by and subject to French law. The courts of France shall have exclusive jurisdiction.
These General Terms and Conditions of Sale are drafted in French. If they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
In the event of a dispute, the Customer undertakes to attempt to find an amicable solution with the Site by contacting customer service by email or by post at the email or postal address indicated in Articles 1 and 3 of these General Terms and Conditions of Sale. Failing agreement after one month, either Party may freely initiate any legal action.
ARTICLE 14: INVALIDITY OF CERTAIN PROVISIONS
If any provision hereof is found to be contrary to an applicable law or regulation, that provision shall be deemed severed, without affecting the validity of the other provisions of this Contract.
