General terms and conditions of sale
The general terms and conditions of sale detailed below (hereinafter referred to as the "General Terms and Conditions") exclusively govern the contractual relationship between any consumer- customer of the baby-monsters.com website (hereinafter referred to as a "Customer" or "you") and WPB , a single-shareholder limited company with capital of 10,000 EUROS, headquartered at 5A rue Claude Chappe - 69370 Saint Didier Au Mont D'Or - FRANCE - FRANCE - registered with the Lyon Trade and Companies Registry under number 935 059 006; VAT number FR 80 935059006 (hereinafter referred to as "WPB" or "us") publishing the website: (hereinafter referred to as the "Site")
These General Conditions are the only ones applicable between the Customer and WPB. They replace all other conditions, except prior, express and written derogation.
WPB may from time to time modify some of the provisions of its General Terms and Conditions, and it is therefore necessary that these be reread before each order of products on the Site.
These modifications are enforceable from the date they are posted online and cannot be applied to orders placed previously.
Each order placed on the Site is governed by the General Terms and Conditions applicable at the date of said order. We consider that by validating your order, you accept without reservation our General Conditions after having read them.
By accessing the Site, you agree to abide by the General Terms and Conditions and the Conditions of Use of the dev-prestashop-a321a17b1706.hyperlane.co Site, as set forth therein. Any order taken for a product appearing in the online store of the WPB site implies the prior consultation and acceptance of the present general conditions of sale.
Clicking to validate your order implies full acceptance of these terms and conditions. You accept our general terms and conditions of sale and acknowledge that you have read our personal data management policy. In this way, you agree to receive emails relating to your order (confirmation, dispatch, occasional satisfaction survey).
1. Terms and conditions of offers :
WPB reserves the right to adapt or modify the items on the site at any time.
The items offered for sale on La Boutique are presented and detailed in such a way that all consumers are able to know the essential characteristics of the products they wish to purchase (article L 111-1 of the French Consumer Code).
2. Prices :
Prices are expressed in euros and include all taxes but exclude delivery charges. Delivery costs are indicated to the Customer as he chooses his products and the delivery method selected.
The total amount is indicated at the end of the order process, in addition to the price of the
products selected, before confirmation of acceptance by the Customer.
We reserve the right to modify our prices at any time, but we undertake to apply the prices indicated on the Site at the time of your order.
We inform you that in the event of the display of an erroneous or obviously derisory price (low price), for whatever reason (computer bug, manual error, technical error, etc.), the order - even if validated by us - will be cancelled, and we will inform you of this as soon as possible. You will then be able, if you wish, to place your order again at the correct price.
3. Availability :
WPB undertakes to honour your order while stocks last.
In the event that a product is unavailable, we will reimburse you, where applicable, for the price corresponding to this product within a maximum period of 30 days following your payment.
4. Payment :
4.1 Payment methods
WPB offers several methods of payment:
Payment by credit card (CB, Visa or Mastercard, e-carte bleue): the amount is debited when
your order is confirmed.
Payment by bank transfer
4.2 Payment security
In accordance with our commitment to payment security, all online payments by bank or credit card are made using the "Secure Socket Layer" security system, which encrypts your bank details during transmission.
We would also like to inform you that WPB checks the reliability of the information you enter when placing an order.
This approach is in line with our desire to combat Internet payment fraud and protect all consumers.
Consequently, our fraud prevention department may, in certain cases, ask you for additional information (such as a copy of your identity card, proof of address, etc.) in order to validate your purchase and dispatch your parcel.
In such cases, to ensure that your order is dispatched on time, we recommend that you provide a telephone number where you can be easily reached, and that you confirm the information entered or return the requested documents as soon as possible.
If you wish to avoid having to provide us with such information, we recommend that you use a payment method other than a bank or credit card.
5. Delivery :
5.1 Place of delivery
Products purchased on the Site are delivered in several European countries
Products are delivered to the address indicated when the order was placed.
WPB does not deliver to P.O. boxes or military bases.
5.2 Delivery times
When an item is displayed in stock on the Site, the delivery date is determined by the sum of the following 2 elements:
A/ processing time (between 48 h and 72 h): verification of the reliability of the information entered once your payment has been taken into account (see Article 5.2 "Payment security") + preparation of your order + collection of the parcel(s) by the carrier.
B/ the delivery time of your parcel by the carrier, depending on the delivery method you have chosen on the Site (between 3 and 15 working days).
The expected date of delivery of your order will be communicated to you on the Site before confirmation of your order, as well as in the summary that will be sent to you by e-mail. You will also be able to check the expected delivery date in your customer area.
5.3 Delivery methods
WPB works with several carriers depending on the items ordered (DPD / France Express / DHL...).
5.4 Delivery charges
Delivery is free of charge for all orders over €79 for delivery in mainland France, excluding Corsica. Delivery charges will be indicated during the purchasing process, before the order is finally confirmed.
5.5 Delivery
As carriers are external service providers, in the event of damage or shortage, oral reservations (even if confirmed by letter), as well as the words "accepted subject to inspection" on the delivery note, have no legal value. If you notice a problem, it is essential that you make precise and detailed reservations on the delivery note in the presence of the delivery person (if the latter is unable to wait, please mention this on the delivery note).
Article L216-4 of the French Consumer Code: Any risk of loss or damage to the goods is transferred to the consumer at the moment when the latter, or a third party designated by the
latter and other than the carrier proposed by the professional, takes physical possession of the goods.
6. Return of an item (Satisfied or refunded, retraction...) :
6.1 General conditions
Before returning an order, you must contact the site's customer service department by email contact@baby-monsters.com in order to express your wish to cancel without ambiguity.
The return may be made via the carrier of your choice. However, it is strongly recommended that you return the goods to us by registered post or recorded delivery and, if necessary, take out insurance with the carrier for the market value of the products in order to protect yourself against any loss or damage.
6.2 Returns within the framework of the right of retraction: "Satisfied or Refunded" (See
Appendix)
WPB gives you 14 days (in accordance with article L. 121-20 of the French Consumer Code) to return a product that does not satisfy you, without penalty, except for the cost of return. This period begins on the date of delivery of your package.
Article L221-18
Created Ordonnance n°2016-301 of March 14, 2016 - art. Consumers have a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone canvassing or off-premises canvassing, without having to give reasons for their decision or incur costs other than those provided for in Articles L. 221-23 to L. 221-25.
The period referred to in the first paragraph runs from the day :
1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4 ;
2° Of receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, for contracts for the sale of goods.
For off-premises contracts, the consumer may exercise his right of withdrawal from the moment the contract is concluded.
In the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the period runs from receipt of the last good, batch or part.
For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.
The present right of return can only be accepted for products returned in a condition allowing them to be put back on sale by WPB (with their accessories, instructions, etc.). Items returned incomplete, damaged or soiled by the customer will not be accepted.
In the case of a return authorized by WPB of a product that cannot be put back on sale (breakage or abnormal wear), a discount of 40% on the amount of the returned product will be applied.
Once you have exercised your right of withdrawal, WPB undertakes to reimburse you in full for your order within a maximum of 14 days by crediting you again, according to the method of payment initially used, if the right of withdrawal is exercised within 14 days of receipt of the products ordered.
The cost of return shipment is borne by the sender. WPB will not accept COD shipments.
Customer Service contact details are shown on your invoice.
6.2.1. Information on the right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. For products: the withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods (or of the last good, in the case of a single order for different goods delivered separately).
To exercise your right of withdrawal, you must notify us at the following address:
SASU WPB
Service après vente 5a rue Claude Chappe
69370 Saint Didier Au Mont d'OR
@: Via your customer area: "Product return
your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You may use the model withdrawal form below, but this is not obligatory.
For the withdrawal period to be respected, it is sufficient for you to send your communication
concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
In the case of withdrawal of a product, we may defer reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever is the earlier. You must return the goods to us at the following address:
AXE LOGISTICS // WPB
Service retour
Parc d'activité des Pré Seigneurs 220 Rue du Canal de la Luenaz 01120 LA BOISSE
Without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if
you return the goods before the fourteen-day period has expired. You must bear the direct cost of returning the goods.
You are only liable for the depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the good.
6.2.2. Withdrawal forms
Withdrawal form for product orders
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of SASU WPB Service après vente
5A rue Claude Chappe
69370 Saint Didier Au Mont D'Or
@: Via your customer area: "Product return
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good(s) below
Ordered on / Received on Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
6.3 Returns following delivery of a product different from that ordered
If you find that the product received does not correspond to the product ordered (incorrect reference, product color error, missing functions indicated on the item sheet, etc.), you may request a refund or an exchange.
If replacement proves impossible, the customer may return the product and be refunded the corresponding price.
The return costs will be entirely at our expense, and the return will be made by prepaid colissimo or by carrier.
6.4 Order cancellation after confirmation
If the Customer's parcel is returned by the carrier for the following reasons: "parcel refused by the addressee on delivery" or "not claimed by the customer", the Customer will be required to pay a flat-rate sum of €50 (inc. VAT) per parcel to cover the cost of returning the parcel, and if the Customer wishes to have the parcel resent, the Customer will be required to pay the cost of resending the parcel.
Similarly, if the customer requests the cancellation of his order while it is already being prepared, he will have to pay a flat-rate sum of 50 € per parcel to cover return costs, and if he wishes to have his parcel sent back, he will have to pay the postage costs for re-sending it.
If the parcel was rightly refused because it did not conform to the order (damaged parcel, product not corresponding to the order), WPB will resend a new parcel at its expense.
7. Product warranty
The products offered for sale on the Site come with several types of commercial warranties as defined below. It is hereby specified that the subscription by the Customer to such commercial warranties does not prevent the application to all the equipment sold by WPB on the Site of the legal warranty of conformity and the warranty against hidden defects under the following legal conditions:
Article L. 211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
Article L. 211-5 of the French Consumer Code: "To conform to the contract, the goods must :
Be fit for the use normally expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
Or - present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter."
Article L. 212-7 of the French Consumer Code: 'Defects of conformity which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, in the absence of proof to the contrary.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L. 211-12 of the French Consumer Code: "Action resulting from a lack of conformity shall be barred two years after delivery of the goods.
Article 3 of the Decree of December 18, 2014
The general terms and conditions of sale of consumer contracts include in a box the mentions according to which, when acting in legal warranty of conformity, the consumer:
- Has a period of two years from delivery of the goods to take action ;
- May choose between repair or replacement of the good, subject to the cost conditions
stipulated in article L. 211-9 of the French Consumer Code;
- Is exempted from proving the existence of the lack of conformity of the good during the six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The same box reminds us that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Finally, it reminds us that the consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, and that in this case, he or she may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would only have paid a lower price for it, had he known of them.
Article 1648 paragraph 1e of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect".
General terms and conditions of sale for consumer contracts include a box specifying that, when bringing an action under the legal warranty of conformity, the consumer:
-has a period of two years from the date of delivery of the goods to take action;
-may choose between repair or replacement, subject to the cost conditions stipulated in article
L. 211-9 of the French Consumer Code;
-is exempted from proving the existence of a lack of conformity of the good during the six months following delivery of the good. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.
The same box reminds us that the legal warranty of conformity applies independently of any commercial warranty that may have been granted.
Finally, it reminds us that the consumer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code, and that in this case, he or she may choose between rescission of the sale or a reduction in the sale price, in accordance with article 1644 of the French Civil Code.
We also remind you that the legal warranty may not apply, or may only apply partially, in certain cases, such as :
- repair of damage resulting from a cause external to the device (e.g. accident, shock, lightning,
current fluctuation, oxidation, presence of sand, etc.),
- customer's fault resulting, for example, from use or installation that does not comply with the
manufacturer's specifications,
- use detrimental to the proper preservation of the device.
7.1 Commercial warranties provided by product manufacturers
In addition to legal warranties, certain goods sold on the Site benefit from manufacturer
warranties, the scope and duration of which vary according to product and brand.
In general, manufacturers' warranties do not cover :
- replacement of consumables
- abnormal or non-compliant use of products ;
- damage caused by a repairer not authorized by the manufacturer;
- damage resulting from a cause external to the device (e.g. accident, shock, lightning, current
fluctuation, oxidation, presence of sand, etc.).
Our strollers are guaranteed for 2 years, excluding textiles and wearing parts (rain cover - wheel - etc.), which are guaranteed for 6 months.
We therefore invite you to carefully consult the instructions for use supplied with the products and the exact terms of any manufacturer's warranties that may apply.
In all cases, WPB cannot be held responsible if the manufacturer refuses to apply its warranty for the above-mentioned reasons.
When the manufacturer's warranty is not applicable, the repair will be subject to an estimate drawn up by the manufacturer. Administrative charges may be billed to you by the manufacturer if you request the return of your product without the repairs proposed by this estimate. You may also choose to abandon your product at no additional cost.
You have 2 months to accept or refuse the quotation, and to pay any amounts due. After this period, the quotation will be deemed to have been refused and the equipment abandoned, without any compensation being claimed.
No product may be sent to the customer by our after-sales service department more than twice in succession. If these two shipments fail (parcel refused, delivery impossible, etc.), the product will be left at the customer's disposal at WPB's Logistics Center for 2 months. After this period, the equipment will be considered abandoned and WPB will be entitled to dispose of it and destroy it, without any compensation being due.
If your after-sales service takes an abnormally long time to process your order (more than 1 month), you can ask our customer service department to lend you a product similar to the one being repaired, free of charge.
8. Reservation of ownership :
In accordance with French law no. 80.335 of May 12, 1980, WPB reserves ownership of the goods delivered until full payment has been received.
9. Disputes :
This contract is subject to French law.
Preliminary stage :
Before referring the matter to a mediator, you must first contact the professional to try to settle
the dispute. The mediator will ask you for proof of this initial approach.
Article L616-1
Created Ordonnance n°2016-301 of March 14, 2016 - art.
In accordance with the procedures laid down by decree of the Conseil d'Etat, all professionals shall inform consumers of the contact details of the competent mediator(s) within their jurisdiction.
The professional is also obliged to provide this same information to the consumer, whenever a dispute has not been settled through a prior complaint made directly to its services.
If you encounter a problem with an online purchase and are unable to resolve it with the professional, you can use this platform to send your complaint to an approved dispute resolution body.
https://ec.europa.eu/consumers/odr
Consumer mediation is available to anyone who has a dispute with a professional who has sold them a product or provided a service. Mediation is an amicable way of resolving disputes, free of charge for the consumer and confidential.
https://www.economie.gouv.fr/mediation-conso
WPB shall not be held liable for non-performance of the contract in the event of force majeure as defined by the courts; in the event of fault on the part of the Customer or the unforeseeable and insurmountable act of a third party to the contract.
In the event of a dispute, the competent court will be the district court of the jurisdiction :
- the defendant's place of residence or
- Place of delivery Article L612-1
Created Ordonnance n°2016-301 of March 14, 2016 - art.
All consumers have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation scheme.
The professional may set up his own consumer mediation scheme or offer the consumer
recourse to any other consumer mediator meeting the requirements of this title.
Where there is a consumer mediator whose remit extends to all businesses in a given field of
economic activity, the professional will always allow the consumer to have recourse to it.
The procedures for implementing the mediation process shall be specified by decree of the
Conseil d'Etat.
Article L612-2
Created Ordonnance n°2016-301 of March 14, 2016 - art.
A dispute cannot be examined by the consumer mediator when:
1° The consumer does not justify having first attempted to resolve his dispute directly with the professional by means of a written complaint in accordance with the procedures set out, where applicable, in the contract ;
2° The claim is manifestly unfounded or abusive;
3° The dispute has already been or is being examined by another mediator or by a court;
4° The consumer lodged his request with the mediator more than one year after his written complaint to the professional;
5° The dispute does not fall within the mediator's jurisdiction. The consumer shall be informed by the mediator of the rejection of his request for mediation within three weeks of receipt of his file.
Article L612-3
Created Ordonnance n°2016-301 of March 14, 2016 - art.
Mediation of consumer disputes is subject to the confidentiality obligation set out in article 21-3 of law no. 95-125 of February 8, 1995 on the organization of jurisdictions and civil, criminal and administrative procedure.
Article L612-4
Created Ordonnance n°2016-301 of March 14, 2016 - art.
Any clause or agreement obliging the consumer, in the event of a dispute, to have compulsory recourse to mediation prior to referral to the courts is prohibited.
Article L612-5
Created Ordonnance n°2016-301 of March 14, 2016 - art.
When a public mediator is competent to mediate a consumer dispute, this dispute may not give rise to other conventional mediation procedures, within the meaning of this title, subject to the existence of an agreement, notified to the mediation evaluation and control commission mentioned in article L. 615-1, which allocates disputes between the mediators concerned.
Mediator contact details :
Website: https://cm2c.net/contact.php
Postal address:
CM2C
14 rue Saint Jean 75017 Paris
Telephone number: 01 89 47 00 14
APPENDIX: RETRACTION
I. Information on the right of withdrawal
You have the right to withdraw from this contract without giving any reason within fourteen days. For products: the withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods (or of the last good, in the case of a single order for different goods delivered separately).
To exercise your right of withdrawal, you must notify us at the following address:
SASU WPB
Service après vente 5a rue Claude Chappe
69370 Saint Didier Au Mont d'OR
@: Via your customer area: "Product return
Your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail). You may use the model withdrawal form below, but this is not obligatory.
For the withdrawal period to be respected, it is sufficient for you to send your communication
concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will reimburse all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same means of payment you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
In the case of withdrawal of a product, we may defer reimbursement until we have received the goods or until you have provided proof of dispatch of the goods, whichever is the earlier.
You must return the goods to us at the following address:
AXE LOGISTICS // WPB
Service retour
Parc d'activité des Pré Seigneurs 220 Rue du Canal de la Luenaz 01120 LA BOISSE
Without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been respected if you return the goods before the fourteen-day period has expired. You must bear the direct cost of returning the goods. You shall only be liable for any loss in value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods.
II. Withdrawal forms
1. Withdrawal form for product orders
(Please complete and return this form only if you wish to withdraw from the contract)
For the attention of SASU WPB Service après vente
5A rue Claude Chappe 69370 Saint Didier Au Mont D'Or @: Via your customer area: "Product return
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good(s) below
Ordered on / Received on Name of consumer(s) :
Address of consumer(s) :
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate
