General conditions of sale
These general terms and conditions of sale apply between the company ourbaba.com, 286 rte du Bourrian 83580 Gassin in France and any person visiting and making a purchase on our website www.ourbaba.com
Article 1.- Sales Contract
1.1 Conditions for placing your order
Declare that you are at least 18 years old and have the legal capacity to place an order on our website.
1.2 Orders
Orders are processed within 48 hours, Monday to Saturday. Orders placed on Fridays after 6 p.m. are not processed until 10 a.m. on Monday. After placing your order, you will receive a confirmation email. We will then inform you when your items have been shipped. You can still modify your pending order. You have 14 days to cancel your order and notify us in writing by sending an email to contact@ourbaba.com or by calling +33 6 26 54 08 00. However, items must be returned in their original packaging, unopened, and unused.
Article L. 121-21-8: Exception to the right of withdrawal:
Items that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection. After our agreement, you have 14 days to return the item to us. A refund will then be issued within 14 days using the payment method used for purchase. In the event of cancellation, delivery costs may be refunded based on standard shipping costs.
1.3 Conditions for confirming your order
If there is any doubt about the validity of your order, ourbaba.com may contact you and verify your identity. It may request a copy of your valid ID to confirm the information you have provided and to combat fraud and identity theft. ourbaba.com undertakes not to share your contact information with third parties.
Article 2.- Prices, Availability, Delivery
The prices displayed on the website are indicated in euros, inclusive of all French taxes (French VAT and other applicable taxes), excluding shipping costs and the cost of processing your order. We can accept your orders while stocks last. If, despite our best efforts, items are unavailable, we will notify you by email or telephone as soon as possible. In the event of permanent unavailability, and if we cannot provide you with an item of equivalent quality and price, your order or the unavailable product will be automatically canceled, and you will be refunded as soon as possible. We undertake to deliver your items within a maximum of 30 days (excluding deliveries to non-EU countries and the French Overseas Territories). Delivery means the transfer of physical possession or control of the goods to the customer.
In the event of a delivery issue due to the carrier (order not received), please contact us no later than 30 days after the order date. After this period, we will no longer be able to refund your order. This delivery time is for guidance only, and the seller cannot be held liable if it is exceeded. In particular, exceeding this delivery time, particularly due to force majeure such as strikes or bad weather preventing deliveries, cannot give rise to any cancellation of the order, any reduction in the price paid by the buyer, or any payment of damages.
For Chronopost deliveries, we inform you that you have 3 days after shipment to notify us of any delivery delays. After this period, we will not be able to process your claim.
Upon receipt of your parcel, it is imperative to check the contents in front of the carrier. Transport risks can only be borne by ourbaba.com if the customer has checked the goods upon receipt in the presence of the carrier and noted in writing on the delivery note any specific reservations noted by the carrier (specify any damage noted before signing the delivery note).
In all cases, the customer must refuse any package that is excessively damaged or opened. We will resend a new item as soon as possible at our expense. All goods accepted by the customer without specific reservations noted on the delivery slip will be deemed to have arrived in good condition and in its entirety (number of packages, products, identity with respect to the order, etc.). In this case, ourbaba.com cannot be held liable.
If there are any reservations regarding the delivery slip, the customer must file a claim within 48 hours of receipt by emailing contact@ourbaba.com. Additional delivery charges apply for difficult-to-access areas. We inform our customers that additional delivery charges may apply to addresses located in so-called "hard-to-reach" areas. These areas include, but are not limited to, island territories, mountainous areas, remote regions, or areas with limited carrier service. These additional fees are determined based on the actual costs imposed by our delivery providers to serve these areas. The exact amount will be indicated before finalizing your order, when selecting your delivery address. In accordance with current regulations, we do not ship electronic cigarette products, e-liquids, or any other nicotine-containing products to Belgium.
Article 3.- Customs Duties
Any order placed on the website and delivered outside of France may be subject to potential taxes and customs duties that are imposed when the package reaches its destination. These customs duties and potential taxes related to the delivery of an item are your responsibility. We are not required to verify or inform you of applicable customs duties and taxes. To find out about them, we advise you to contact the relevant authorities in your country.
Article 4.- Payment
You can pay by payment card. Cards issued by banks domiciled outside France must be international bank cards. When paying by payment card, the amount of your order will be debited at the time of order placement.
Article 5.- Retention of Title
The delivered goods will remain our property until they are shipped upon delivery to the carrier, once you have paid the price.
Article 6.- Intellectual Property
The items sold on our site are protected by industrial property laws and by a registered design and model with the INPI. Any unauthorized reproduction of articles may constitute a violation of these laws. Only the right to use the articles on the Site is granted.
Article 7.- Applicable Law and Competent Jurisdiction
These general terms and conditions of sale are subject to French law. All disputes relating to the commercial relationship between You and Us are subject to the non- exclusive jurisdiction of the French courts. Following Ordinance No. 2015-1033 of August 20, 2015, relating to the "Out-of-court Settlement of Consumer Disputes" and its implementing Decree No. 2015-1382 of October 30, 2015, consumers can now use a consumer mediator free of charge to resolve a dispute with a professional. Recourse to the mediator can only be made if dispute resolution efforts with ourbaba.com's customer service department have been unsuccessful and within a maximum period of 12 months.
Article 8.- Acceptance of the General Terms and Conditions of Sale
By clicking the "Confirm" button on the order form, the customer acknowledges having read and accepted the general terms and conditions of sale and irrevocably and unreservedly adheres to them. From this moment on, the order is considered confirmed subject to receipt of the total price, which must be paid at the time of ordering, as stated above. In the absence of payment, the order is considered null and void.