Take advantage of free delivery and returns at pickup locations.
1. Definitions
Each of the terms listed below, whether used in the singular or plural, shall have the following meaning in this Agreement:
- Terms and Conditions: refers to these terms and conditions of sale.
- “Seller” or “the Company”: refers to BAYONA SARL, a single-member limited liability company with a capital of €1,000.00, whose registered office is located at 2 Avenue de Jalday
, 64500 Saint-Jean-de-Luz, registered with the Bayonne Trade and Companies Register under number 849 070 826. - Customer or Buyer: refers to the individual placing an order for products with the Seller.
- The online store or the Website: refers to the e-commerce website
2. Scope of Application of the General Terms and Conditions of Sale
These Terms and Conditions apply to all orders placed with the Seller via the Website.
Prior to placing an order, the Customer represents that the purchase of these products is intended for use unrelated to their professional activity. Should this be the case, the Seller specifically draws the Customer’s attention to the exclusions of contractual warranty and liability as set forth, in particular, in Article 10 below.
By placing an order on the Website, the Customer acknowledges that they have read these Terms and Conditions of Sale and accepts them without reservation.
The Seller reserves the right to amend or modify these Terms and Conditions at any time. In such cases, only the Terms and Conditions in effect at the time the order is placed shall apply. The Seller advises the Customer to save and/or print these Terms and Conditions for safe and permanent record-keeping, so that they may be referred to at any time during the performance of the contract if necessary.
3. Orders and Confirmation
You acknowledge that you have read and agree to these terms and conditions of sale before placing your order.
Orders are placed on the website accessible via the URL https://www.bayona.fr/.
The contractual information is provided in French.
To place an order, the Customer follows the various steps of the ordering process, namely:
- Selecting at least one item,
- Creating a customer account by filling out the required fields, or, if the Customer already has a customer account, logging in by entering their email address and password,
- The choice of delivery terms and conditions,
- The choice of payment methods,
- Completion of the order and payment.
The “double-click” and the checkbox confirming acknowledgment and acceptance of the Terms and Conditions, which confirm the order, constitute an “electronic signature” and are equivalent to a handwritten signature. They constitute the Customer’s irrevocable and unconditional acceptance of the order and the Terms and Conditions.
The contractual details of the order (including the order number) will be confirmed via email.
The information provided by the Customer when placing the order (including name and shipping address) is binding on the Customer. Accordingly, the Seller shall not be held liable in any way should an error made when placing the order prevent or delay delivery.
The Customer can preview their order in the form of a summary showing the total price and, if applicable, shipping costs, and can modify their shopping cart or shipping address before finalizing the order.
The Seller reserves the right to refuse any order from a customer with whom there is or has been a dispute regarding payment for a previous order.
The Customer represents that he or she has full legal capacity to enter into these terms and conditions of sale.
4. Availability
Unless otherwise stated on the Site, product offers and prices are valid as long as they are displayed on the Site, while supplies last.
If a product is unavailable after an order has been placed, the Customer will be informed of the timeframe within which the product will become available. If the Customer does not wish to wait for the product to become available, or if the product is permanently unavailable, the Customer will be refunded the full amount paid if their bank account has been debited, within 14 days of the order’s cancellation, in accordance with Article L216-3 of the French Consumer Code.
5. Price
All prices of products offered for sale on the website are listed in euros, inclusive of all taxes, excluding shipping costs. These shipping costs are displayed before the order is confirmed. Prices include the French VAT rate applicable on the date of the order, and any change in the rate will be automatically reflected in the prices of products in the online store.
The products remain the property of the Seller until full payment has been received. However, upon pickup or receipt of the order by the Customer or their representative, the risk associated with the goods picked up or delivered is transferred to the Customer.
6. Payment
Payment is made by credit card or in cash on the day the order is placed.
The Customer warrants to the Seller that it has all necessary authorizations to use credit card payments.
The security of online credit card payments is guaranteed by the SYSTEM PAY secure payment service provided by the CAISSE D’EPARGNE GROUP. The Customer’s confidential data (the 16-digit credit card number, expiration date, and security code) is encrypted directly and transmitted to the SYSTEM PAY server without passing through the physical servers of the website. After registration is confirmed, SYSTEM PAY requests prior authorization from the credit card network and then issues an electronic certificate. The electronic certificate serves as proof of the transaction amount and date in accordance with legal provisions, with the date and time serving as evidence.
The order will not be considered accepted by the Seller until the relevant banking payment centers have given their approval and the Seller has validated the order in accordance with its risk acceptance criteria.
If the payment center and the Seller approve the transaction, the Customer will be notified via email with an order confirmation. If the transaction is declined, the order will be automatically rejected, and the Customer will also be notified via email.
Due to the rise in credit card fraud, the Seller reserves the right either to contact the Customer at the phone number provided in the registration form or to request a photocopy of the Customer’s ID and/or proof of address. In case of doubt regarding the identity of the cardholder or the person placing the order, the Seller reserves the right to refuse an order; the Customer will then be notified by email.
7. Delivery
Shipping costs are shown during the checkout process.
If the Customer chooses home delivery, it is their responsibility to assess whether delivery and drop-off are feasible; in other words, the delivery location must be easily accessible. It is also their responsibility to specify any access requirements (elevator, access code, etc.) when placing the order.
The Customer is solely responsible for any failure to deliver and/or drop off the item due to insufficient instructions provided at the time of ordering.
If the delivered product has any visible defects, the Customer is advised to have the delivery person document this in writing at the time of delivery.
Delivery times are expressed in business days and represent the average time required to process and ship an order within mainland France, ranging from 2 (two) to 3 (three) business days from the date the order is shipped.
The maximum delivery time is 15 (fifteen) business days.
Delivery and pickup times begin upon the Seller’s shipment of the order, which will be confirmed by an email sent to the Customer.
If items are to be delivered on different dates due to the availability of the ordered products, the estimated delivery time will be based on the longest lead time.
If delivery is delayed beyond the maximum timeframe specified by the Seller, the Seller will notify the Customer by email; in such cases, the Customer may decide to cancel the order. If the order has not yet been shipped upon receipt of the Customer’s cancellation notice, the delivery will be canceled and the Customer will be refunded any amounts charged within 14 days of receipt of said cancellation notice, in accordance with the provisions of Article L216-3 of the French Consumer Code.
If the order has already been shipped, the Customer may still cancel the order by refusing delivery of the package. In this case, the Seller will issue a refund for the products within 14 days of receiving the returned package, provided it is complete and in its original condition.
If the Customer is not present on the day of delivery, the Customer should refer to the terms and conditions listed on the delivery notice left at the delivery address.
Les commandes expédiées hors Union européenne sont facturées hors taxes. Des droits de douane, taxes locales ou frais d’importation peuvent être exigés par les autorités du pays de destination et restent à la charge du client.
8. Compliance
Except in the case of the statutory warranty of conformity addressed in Article 10 below, the Customer must verify that the delivered goods comply with the order before signing any delivery document.
If, at the time of delivery, the original packaging is damaged, torn, or opened, the Customer must check the condition of the products. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip (“package refused because it was opened or damaged”). The Customer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any issues regarding the delivery (missing items compared to the delivery slip, damaged package, damaged product, etc.). This verification is considered complete once the Customer, or a person authorized by them, has signed the delivery slip.
The Customer must notify the Seller on the day of delivery or, at the latest, on the first business day following delivery, of any claim regarding delivery errors and/or non-conformity of the products in terms of type or quality compared to the information listed on the order form. However, if the carrier fails to demonstrate that it gave you the opportunity to actually verify the condition of the goods, this period is extended to ten days.
Any claim filed after these deadlines will be rejected.
The complaint may be filed, at the Customer’s discretion:
- Through the contact form available on the Website at the URL https://www.bayona.fr/nous-contacter
- By email to serviceclient@bayona.fr;
Any claim not made in accordance with the procedures set forth above and within the specified time limits will not be considered and will release the Seller from any liability toward the Customer.
In the event of a delivery error or exchange, any product to be refunded must be returned to the Seller in its original packaging to the following address:
BAYONA - LARRALDE
2 Avenue de Jalday
64500 Saint-Jean-de-Luz
This right of return may be exercised without penalty. The Customer will be reimbursed via a credit to their bank account (secure transaction) within 30 days of receipt of the product or of receipt of proof of shipment of the product, whichever occurs first.
In all cases covered by this article, returns will only be accepted for complete products in their original condition (original packaging, instructions, accessories, etc.).
9. Withdrawals
9.1 Principle
In accordance with the provisions of Articles L221-18 et seq. of the French Consumer Code, the Customer has 14 calendar days from the date of receipt of the item to exercise their right of withdrawal, without having to provide a reason for their decision or incur any additional costs, except for the return shipping costs, which remain the Customer’s responsibility.
If an order includes multiple items that are delivered separately, the return period begins on the date the last item is received.
Pursuant to Article L221-18(3), the Customer may not exercise the right of withdrawal for orders relating to items manufactured to the Customer’s specifications or that are highly personalized.
9.2 How to Exercise the Right of Withdrawal
We will only accept returns of products that are returned in their entirety, in their original, complete, and undamaged packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded.
In accordance with the provisions of Article L121-21-2 of the Consumer Code, the Customer must notify the Seller of their decision to cancel the purchase before the expiration of the aforementioned 14-day period.
The product must be returned to the Seller within this same timeframe, in its entirety, in its original packaging, along with contact information sufficient to identify the order number and the Customer, to the following address:
BAYONA - LARRALDE
2 Avenue de Jalday
64500 Saint-Jean-de-Luz
Customers can contact customer service by email at serviceclient@bayona.fr or by phone at 05.59.26.99.61.
This right of return may be exercised without penalty.
To facilitate the processing of the Customer’s request, we recommend that they use the return form available in their customer account.
9.3 Refund
The Customer will be refunded via a credit to their bank account (secure transaction) upon the Seller’s receipt of the returned products, or upon receipt of proof of shipment of the product, whichever occurs first.
Shipping costs are non-refundable.
The refund will be processed using the same payment method the Customer used for the original transaction, unless the Customer expressly agrees to have the refund processed via a different payment method.
However, in accordance with Article L221-23 of the Consumer Code, the Seller may hold the Customer liable in the event of any depreciation in the value of the item resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning.
The Customer must handle and inspect the item with due care during the cancellation period.
10. Statutory Warranties
Notwithstanding the contractual warranty described below, the Seller remains liable for any lack of conformity of the product under the conditions set forth in Articles L217-4 et seq. of the French Consumer Code, and for any latent defects under the conditions set forth in Articles 1641 et seq. of the French Civil Code.
When you are acting under the legal warranty of conformity:
- You have twenty-four months from the date of delivery of the product to take action;
- You may choose between repair or replacement of the product, subject to the cost provisions set forth in Article L217-9 of the Consumer Code;
- You are not required to provide proof of the property’s lack of conformity during the six months following delivery of the property.
You may choose to invoke the warranty against hidden defects in the item sold, as provided for in Article 1641 of the Civil Code.
In this case, you may choose between canceling the sale or reducing the purchase price in accordance with Article 1644 of the Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-12, and L. 217-16 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, in accordance with Article L. 217-15 of the Consumer Code: Article L. 217-4 of the Consumer Code: "The Seller shall deliver goods that conform to the contract and shall be liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, provided that the seller was contractually responsible for the installation or that it was carried out under the seller’s supervision. " Article L. 217-5 of the Consumer Code: "The item complies with the terms of the contract: (1) Whether it is fit for the purpose for which goods of a similar nature are ordinarily intended and, where applicable: - whether it matches the description provided by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model; - if it possesses the qualities that a buyer may reasonably expect based on public statements made by the Seller, the manufacturer, or their representative, particularly in advertising or on the label; (2) Or if it possesses the characteristics mutually agreed upon by the parties or is suitable for any special purpose sought by the Customer, which has been brought to the Seller’s attention and which the Seller has accepted. " Article L. 217-12 of the Consumer Code: "The right to bring an action for nonconformity expires two years after delivery of the goods." Article L. 217-16 of the Consumer Code: "If, during the term of the commercial warranty granted to the Customer upon the purchase or repair of a movable item, the Customer requests the Seller to perform repairs covered by the warranty, any downtime of at least seven days shall be added to the remaining term of the warranty. "This period begins on the date of the Customer's request for service or on the date the item in question is made available for repair, if such availability occurs after the request for service." Article 1641 of the Civil Code: "The Seller is liable under the warranty for hidden defects in the item sold that render it unfit for its intended use, or that so impair its use that the Customer would not have purchased it, or would have paid only a lower price for it, had the Customer been aware of such defects." Article 1648, paragraph 1, of the Civil Code: "An action based on latent defects must be brought by the purchaser within two years of the discovery of the defect." If you seek an amicable resolution prior to taking legal action, please note that such efforts do not suspend the time limits for asserting legal remedies or the duration of the contractual warranty described below.11. Intellectual Property
BAYONA is a registered trademark and may not be reproduced without prior authorization.
In addition, all text, comments, illustrations, trademarks, and databases reproduced and included on the website are protected by intellectual property and copyright laws.
Accordingly, and in accordance with the provisions of the Intellectual Property Code, any reproduction of the website, in whole or in part, is strictly prohibited.
12. Liability
The photographs of the products are for illustrative purposes only.
Customers are advised to review the product specifications before placing an order.
13. Entire Agreement
If one or more provisions of these Terms and Conditions are deemed invalid or are declared as such pursuant to a law, regulation, or a final decision by a competent court, the remaining provisions shall remain in full force and effect.
In the event of any conflict between the interpretation of any of the headings above the clauses and any of the clauses themselves, the headings shall be deemed null and void.
14. No Waiver
The fact that one party does not invoke a breach by the other party of any of the obligations set forth in these general terms and conditions shall not be construed as a waiver of such obligation for the future.
15. Personal Data
All information collected by the website from the Customer is processed electronically for the purpose of processing the online order and fulfilling subsequent contractual obligations, such as warranties.
As the data controller, the Seller undertakes to comply with the provisions of Regulation (EU) No. 2016/679 of April 27, 2016, on the protection of personal data.
We invite you to review our Privacy Policy.
The Customer has the right to access, correct, and delete personal data concerning them, as well as the right to restrict the processing of their data and to data portability. The Customer also has the right to object, on legitimate grounds, to the processing of their personal data, as well as the right to object to the processing of their data for marketing purposes. Finally, the Customer has the right to file a complaint with the CNIL.
You may exercise your rights at any time by sending a request to our customer service department, along with a photocopy of an ID document bearing the signature of the person concerned and specifying the address to which the response should be sent: serviceclient@bayona.fr
A response will then be sent to the individual concerned within one to two months of receipt of the request.
16. Potential Disputes / Mediation
If you encounter any issues, please contact our customer service department:
• By email to serviceclient@bayona.fr;
• Through the contact form available on the Website at the URL https://www.bayona.fr/pages/contact
Pursuant to Article L612-1 of the Consumer Code, “Every consumer has the right to seek the assistance of a consumer mediator, free of charge, with a view to the amicable resolution of a dispute between the consumer and a business.” Disputes falling within the scope of Article L612-1 of the Consumer Code are those defined in Article L611-1 of the Consumer Code, namely contractual disputes concerning the performance of a contract for the sale of goods or the provision of services between a consumer and a professional. The text covers both domestic and cross-border disputes.
Within one year of submitting your request to our office, in accordance with the provisions of Article R616-1 of the Consumer Code, you may seek our voluntary mediation:
BAYONNE MEDIATION, (SIRET: 47957976500021) - Head office: 32 rue du Hameau, 64200 Biarritz - Tel.: 06 79 59 83 38 - Email: bayonnemediation.consommation@gmail.com
Cross-border disputes: European Consumer Centre France: https://www.europe-consommateurs.eu/fr/accueil/.
You may, at your own expense, be represented by legal counsel.
17. Governing Law in the Event of a Dispute
These Terms and Conditions are governed by French law.
In the event of a dispute or complaint, the Customer shall first contact the Seller to seek an amicable resolution. Failing that, the French courts shall have exclusive jurisdiction.
- In the case of sales to consumers:
- Any proceedings or disputes arising from this contract shall be subject to the jurisdiction of the court in the defendant’s place of residence or, at the defendant’s option, the court in the place where the product was actually delivered.
- In the case of a sale to a business:
- In the absence of an amicable settlement, the Commercial Court of Bayonne shall have exclusive jurisdiction, even in cases involving multiple defendants, summary proceedings, or third-party claims.
Note: A copy of this contract in larger font is available upon request.