Terms & Conditions
ARTICLE 1 - SCOPE
These terms of sale govern the sale of products on the website www.papabelt.com (hereafter referred to as the “Website”), operated by the French company Oeye, registered with Lyon Trade and Companies Registry under number 510 179 633, having its registered office located at 320, avenue Berthelot 69008 Lyon (hereafter referred to as “PAPAbelt”).
For any information, claim or query you may have in connection with these Terms of Sale or with the Products sold on the Website, please contact us at : firstname.lastname@example.org.
These terms of sale will be in force for so long as they are posted on the Website. PAPAbelt may at any time modify these Terms of Sale. You are therefore kindly invited to check this website and this page on a regular basis to find out about any possible update of these Terms of Sale. If, despite their deletion or modification, these terms of Sale remain accessible to the public on other websites or through websearch engines or via any other medium, they will however not be binding on PAPAbelt.
These Terms of Sale constitute the sole and entire rules governing the online sale of PAPAbelt products (hereafter referred to as the “Products”).
Products purchased on the Website are sold by PAPAbelt only. Purchase on the website is available to the following categories of clients only:
Individuals acting as consumers who purchase goods for personal needs, outside the course of business or trade, and to the exclusion of any purchase in view of re-selling Products to third parties, unless they were expressly authorized to do so by PAPAbelt;
Individuals residing in Metropolitan France, it being however noted that deliveries abroad may be accepted on a case by case basis at the sole discretion of PAPAbelt, depending on its ability to proceed to such a delivery
Clause headings in these Terms of sale are for reference only and do not affect the interpretation of these Terms of sale.
ARTICLE 2 – INTELLECTUAL PROPERTY
This Website and all materials, text, code, content, software, graphics, photographs, illustrations, artwork, formats, files, devices and links contained in it or linked to it (together « Content ») are protected by copyrights, trademarks and other intellectual property rights owned by or licensed to, PAPAbelt.
Reproduction, copy, distribution (through any medium), publishing, display, modification or transmission of all or part of the Content on other websites or media for commercial purposes is strictly prohibited if not subject to a prior express authorization by PAPAbelt. Any such authorization for copy or distribution of Content must be sent to PAPAbelt at the address set forth in article 1 of the General Terms of Sale.
Unless otherwise specified, trademarks and/or logos affixed on the Products, on their packaging or displayed on the Website are protected by trademark registration. Any reproduction of such trademarks and/or logos, for any reason, without the prior written consent of PAPAbelt is strictly prohibited.
ARTICLE 3 - PRICES
Unless otherwise expressly stated, all prices set forth on the Website are in EUROS and include VAT.
Prices exclude any national or other specific tax or levy which could apply in the event of a sale to a purchaser established outside of France, and exclude shipping costs.
Prices may be modified at any time at the sole discretion of PAPAbelt. Only the prices set forth at the moment the client orders the Products shall be deemed as the accurate price for the transaction.
ARTICLE 4 – PAYMENT TERMS
Payment methods accepted on the Website are the debit and/or credit card listed on the Website. The amount for the order will be debited only once the order is confirmed by PAPAbelt.
Should the Client decide to use his/her withdrawal right as offered to him/her, the amount of the corresponding order will be re-credited on the card that was used for the transaction, once the product has been returned and received by PAPAbelt.
Banking details of the client are never in the possession of PAPAbelt as they are directly passed on to the bank in charge of completing the transaction through a secured connection.
Under no circumstances may PAPAbelt be held responsible for the fraudulent use of a client’s credit/debit card.
Additional costs may be charged by your bank to proceed to an on-line transaction. Please refer to your agreements with your bank to find out more about such extra-costs.
ARTICLE 5 – RETENTION OF TITLE
Products remain the sole ownership of PAPAbelt until they are paid in full by the Client.
ARTICLE 6 – ORDERS
6.1 – Acceptance of orders
Orders are placed once (i) all information necessary to complete the order is duly submitted to PAPAbelt (ii) these Terms of Sale are accepted and (iii) Client confirms the order. At any time before s/he confirms his/her order, client will be allowed to modify and/or cancels the order or any information in connection therewith.
By confirming his/her order, Client is deemed to have irrevocably accepted these Terms of Sale.
PAPAbelt may refuse to accept an order which is abnormal or placed in bad faith, or an order from a client for which there is an existing dispute in connection with a previous order. In the event that an order may not be taken into account for the foregoing reasons, client will be immediately notified thereof by e-mail.
The acknowledgment by PAPAbelt that an order has been receive does not necessarily mean that such order is accepted, but merely constitutes the evidence that the order was received. The sale shall become definitive and final once confirmed by PAPAbelt.
6.2 - Delivery - Delivery costs
Products are delivered at the address indicated by the client in the order. Shipments contain the Products ordered together with the corresponding invoice.
Delivery is carried out through express delivery company as chosen by PAPAbelt and will take place within 30 days as of order date, as set forth under section L. 121-20-3 of the French Consumer Code, and provided full payment of the order has been received by PAPAbelt.
6.3 - Availability of products
PAPAbelt is a retailer and Products are subject to availability. In case certain Products are out of stock or otherwise unavailable, client will be notified thereof before his/her order is confirmed. If client still wishes to order Products which are out of stock, the corresponding order will be marked as pending and will be confirmed, and the Products will be delivered, as soon as the Products become available again.
ARTICLE 7 – RIGHT OF CANCELLATION – RETURN OF PRODUCTS
7.1 Right of cancellation
As set forth in section L. 121-20 and seq. of the French Consumer Code, Client is entitled to cancel his/her order within seven working days as of the date Products were received, without having to give any reason for cancellation, and at no cost to you, save for costs you may incur to return the Products.
If client use such cancellation right, PAPAbelt shall reimburse Client within 30 days as of the day cancellation was notified, provided that Products have been duly received by PAPAbelt. Reimbursement covers the price for the Products returned as well as the delivery costs paid by the Client to receive the Products.
7.2 Return of products
In addition to his/her statutory right of cancellation as set forth in section 7.1 above, Client is entitled, at no cost, to exchange the Product within sixty (60) days as of the date Products were received, provided that Client provides a reason for his/her return.
No exchange may occur unless and until the original Product has been duly received by PAPAbelt. PAPAbelt reserves the right to inspect the original Products and will not proceed to the exchange if the Products returned are incomplete, damaged, or soiled.
Products which are returned by the Client must, in any case, be properly packed in their original packaging , complete (corresponding accessories if any, product care notice etc...) and with the corresponding invoice, at the following address :
PAPAbelt - Avenida da Ermida I, 71 - 4730-428 Rio Mau (Vvd) - PORTUGAL (contact : Olivier Taco)
Whether Products are returned under section 7.1 or 7.2 above, it is Client’s responsibility to obtain proof that goods have been returned, which means that Products should be returned by registered post or any other mean that ensure traceability of the return (eg. DHL Express, Fedex, UPS or other), it being noted that risks and costs associated with the return of Products shall be borne by the Client.
ARTICLE 8: CONFORMITY - WARRANTY
When receiving the Products, Client shall verify that the Products received are those ordered. In the event that the Products delivered as not as described and do not conform to the Products ordered, Client shall immediately notify PAPAbelt of such non-conformity. In order to obtain refund (or, at your choice, exchange of the Products), you will need to return the Products in the conditions set forth in section 7 above.
Without prejudice to any specific warranty that may apply in connection with certain Products, all Product are subject to the statutory warranties set forth under sections L.211-4, L.211-5 et L.211-12 of the French Consumer Code, and sections 1641 et 1648, 1e alinéa, of the French Civil Code.
ARTICLE 9 – LIABILITY IN CONNECTION WITH THE WEBSITE
While PAPAbelt takes all reasonable steps to ensure that specification, functions, illustrations and other information contained on the website are based on up-to-date information and are accurate, PAPAbelt can give no guarantee as to the completeness, accuracy, adequacy, relevance, functionality, reliability or availability as for the content displayed on the Website or any products or materials contained therein.
Pictures available on the Website may not reflect precisely the actual features of a Product, which may slightly differ in terms of color or dimensions. PAPAbelt reserves the right to correct the Website content at any time without prior notice and without liability.
PAPAbelt cannot be held liable for any inaccuracy or omission in respect of the information or material provided on the Website.
ARTICLE 10 –PERSONAL DATA
In order to complete an order on the Website, Client will have to register on the website and provide the personal information required on the registration form.
Personal data are treated as confidential, and are processed only to the extent necessary for PAPAbelt to ensure proper handling of the order, deliver of the Products, process the payment and, if the client consents thereto, to inform him/her by e-mail of PAPAbelt products and services or to conduct client surveys. PAPAbelt may have to disclose client’s personal information to its subcontractors in charge of any of the foregoing activities
As set forth in article 32 of the “Loi Informatique et Libertés”, client may access his/her personal information and modify or delete it by writing to the address set forth in section 1. Client may also refuse, at no cost, to be further contacted by PAPAbelt about PAPAbelt products or services, by unsubscribing to PAPAbelt newsletter on his/her client account).
ARTICLE 11 - INDEPENDANCE
In the event that a provision of These General Terms of Sale is declared invalid or or unenforceable by a competent court, said provision shall apply to the maximum extent permitted and its unenforceability or invalidity will in no event affect the validity or the enforceability of the other provisions in these General Terms of Sale.
ARTICLE 12 – GOVERNING LAW - JURISDICTION
These general Terms of Sale shall be governed by French law. Any dispute arising in connection with these general terms of Sale shall be submitted to the exclusive jurisdiction of the Courts of Lyon, France.
ARTICLE 13 – LANGUAGE
These general Terms of Sale may be translated in various languages. In the event of a discrepancy amongst the versions, the English version of these General Terms of Sale shall prevail over all other versions.