ONLINE SALE OF THE PRODUCTS OF THE BRAND “BALTIMORE” BY THE COMPANY BOUCHE & DIMBENZA (A PRIVATE LIMITED COMPANY )

The following general terms and conditions of sale shall apply between : 
The company BOUCHE & DIMBENZA ( Brand name : BALTIMORE ), a private limited company with a capital value of 6000 euros and whose head office is located 8 rue Marie et Louise – 75010 Paris – FRANCE licensed at the RCS of Paris under the number 818 936 486 code NAF 4771Z, N°V.A.T. Intercommunity : FR66 818936486, editor of the website www.baltimore-paris.fr

Hereafter : “ BALTIMORE “
And :
Any person who buys a product on the website www.baltimore-paris.fr

 Hereafter : “ The Customer“
The Customer states to have the capacity to conclude this contract that is to say to have the legal majority and not be under supervision or trusteeship. The act of ordering on the website one or several products implies automatic and irrevocable acceptance by the client of the present general terms and conditions of Sale.
This sale contract is subjected to the French Law.

1. Validity of tenders
Our offers only aim to consumers who have a delivery address in the countries where BALTIMORE delivers via a carrier. The products displayed on the website are available only within the limits of available product stock. In case of debit or collection due to the order of an unavailable item BALTIMORE commits to refund the customer within 15 days. BALTIMORE commits to send an email to the customer when ordering an unavailable item.

2. Presentation of the products

The products offered for sale are described and displayed as accurately as possible. However, if ever there have been errors or omissions in this display BALTIMORE cannot be held responsible. The photos representing our items have an indicative value only. These photos as well as the captions illustrating the products do not fall within the scope of the contract. BALTIMORE could, due to its suppliers, deliver to the customer an item with a slightly different composition as the one described but with a superior quality than the item ordered.

3. Prices
 
The prices displayed on the website are conclusive. They are indicated in Euros (€) and are ruled by French legislation. They are all taxes included (including the VAT) except for customers with a delivery address outside of the European Union because prices are pre-tax prices. Prices are guaranteed subject to error of typography or printing. These prices are exclusive flat fee for processing ( shipping, packaging and preparation of the package under applicable amounts) which, stays at the expense of the customer except in case of a temporary or permanent offer. Prices can be modified at any time without any advance notice in case of modification of fiscal and economic datas. The items will be invoiced in accordance with the applicable rates upon the registration of the order.

4. Payment methods

The products or services must be paid in Euros (€). The merchandises delivered stay the property of BALTIMORE until the receipt of the payment. The risk shall pass as soon as the delivery of the merchandise is made.
The payments methods accepted are the following: 
Visa
Master Card
Credit Card
American Express
PayPal
BALTIMORE doesn’t accept other payment methods.

5.Acceptation of Offer

All orders placed suppose the acceptation of prices and products descriptions available for sale. The validation of the customer order is worth acceptance as of this general terms and conditions of sale.

6.Invoice
The invoice is sent to the email address given when ordering. The invoice is directly made out according to the going rate of the day of order. BALTIMORE cannot be held responsible in case of typing errors.

7.Shipping

Orders placed before 1pm (GMT+1) from Monday to Friday are usually shipped on the same day. This delay is given on an indicative basis and cannot be met on the following circumstances: 
Default of payment from the customer in a timely manner
Anti-fraud Verification process of the customer’s order
Exceptional peak days (Christmas period, Sales period)
Bank holidays in France
Orders placed on Friday before 2pm will be sent on Monday.There aren’t any shipping on French bank holidays. Shipping will be then taken care of by our carrier who ensures the transport to the delivery address indicated by the customer. Delivery delays indicated by the carriers are the followings: 

MAINLAND FRANCE :
Mondial Relay : Delivery in staging posts within 2 to 3 business days from the shipping day.
Colissimo : Home delivery in 2 to 3 business day from the shipping day.
TNT Express : Home delivery before 1pm on the day following the shipping (except in Corsica and Islands on the nearshore). This delay applies only if the order is made before 1pm. In case of absence during the delivery your parcel can be withdrawn at the post office or staging posts. 

EUROPEAN UNION & SWITZERLAND
Mondial Relay : Home delivery in 2 to 3 business day from the shipping day.
Chronopost : Home delivery in 2 to 4 business days from the shipping day.

FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES
 Colissimo Outre-Mer : Delivery in 4 to 7 business days from the shipping day. Delivery fees may apply depending on the department and will be mentioned before the payment.

OTHER COUNTRIES 
Colissimo international : Delivery in 3 to 5 business days from the shipping day. Delivery fees may apply depending on the country and will be mentioned before the payment. All these delays are given by the carrier on an indicative basis. Any overrun of these deadlines cannot be held against BALTIMORE nor led to a contract disclaimer or any compensation for any damages. The risks of transportation are the responsibility of the customer at the moment the product leaves our warehouse. The customer should verify the quality of the packaging and the conformity of the items delivered. The customer should warn immediately BALTIMORE if the item is damaged. Any reservations in respect must be made on the delivery receipt shown by the carrier and should be sent within 48 hours via email to : commande@baltimore-paris.fr
If the country does not belong to the European Union custom duties will be at charge of the receiver. BALTIMORE has no control over these fees which are the entire responsibility of the customer.


8. Right of withdrawal
If you do not like the item you have purchased as a customer you have 15 days from the shipping date to apply your right of withdrawal of your order. The post stamping or the delivery receipt constitute the date the delay starts. The return or the cancellation can be made on the entire order or only for one item. If you wish to return an item, you will need to contact the customer service by telephone – 06.35.13.54.73 or via email at retours@baltimore-paris.fr mentioning the reasons. We offer you to exchange freely your item depending on our available in-stock ( the fees associated with the return are at the customer’s charge ). Once your item exchanged the costs of shipping are free if you are a resident of the European Union. If not additional fees that may apply will be added. The item must be returned in its original packaging, in its original condition, never washed nor worn to the following address :
Service Retour – Baltimore / Atelier Meraki / 14-16 rue Neuve Popincourt / 75011 Paris
If the customer does not abide by these conditions BALTIMORE-PARIS could not proceed to the refund.

9. Obligation of Parties

Baltimore commits once the order has been accepted to sell and deliver the products to the customer as specified in our conditions. Baltimore commits to check the products are in conformity with the French legislation. The Customer commits to communicate to BALTIMORE a postal address where the shipping can be made. Providing nominative information ( name, address, telephone, mail address) is compulsory for the order to be processed and sent. In case of an error in this information the order will not be validated. BALTIMORE cannot be held responsible if the order is not sent. The customer will be held responsible for the payment. If the postal address is not valid the customer will have to pay the shipping fees for the order to be sent again.

10. Warranty
All of our products are covered by the legal guarantee if they were worn in the normal conditions of usage and the advice of care were followed.
Article L211-4 of the French Consumer Code
The seller-manufacturer must deliver in due time goods in conformity with the contract and responds to the defaults of conformity that may occur during the shipping. He responds as well to the defaults of conformity that may result from the packaging, the assembling or the installation when these have been made his responsibility by the contract or have been produced under his responsibility.
Article L211-5 of the French Consumer Code
To comply with the contract the product must :
 Be appropriated for the use normally expected for such an item and, if necessary:
comply with the description given by the seller and possesses the qualities of the goods which the seller has held out to the consumer as a sample or model ; present the qualities that a purchaser might legitimately expect according to the public declarations made by the seller-manufacturer or by its representative namely with advertisement or labeling; or present the characteristics established by mutual agreement or be suitable for any special use for which the purchaser made known to the seller and the latter accepted.

Article L211-9 of the French Consumer Code
In case of non-compliance, the buyer shall choose to have the item repaired or replaced. However, the seller cannot proceed according to the choice of the purchaser if this choice involves a manifestly disproportionate cost in relation to another modality, in view of the value of the goods or the importance of the default. He is then, required to proceed unless otherwise impaired with the alternative not chosen by the buyer. 
Article L211-10 of the French Consumer Code
If repair and replacement of the goods are impossible, the purchaser can return it and ask for a refund or keep it and ask for the refund of half of its price.
He enjoys the same right: 
If the solution given, suggested or agreed upon within the application of the article L. 211-9 cannot be realized within a month after the claim of the purchaser or if this solution cannot be realized without any major convenience taking account of the nature of the goods and the purpose for which the consumer required the goods. However, the cancellation of the sale cannot be pronounced if the lack of conformity is minor.
Article L211-11 of the French Consumer Code The application of the preceding provisions of the articles L. 211-9 et L. 211-10 is made without any extra fees for the purchaser.This same provisions are not an obstacle to the allowance of damages.
Article L211-12 of the French Consumer Code Action resulting from defects in conformity lapses after 2 years from the date of delivery of the article.
Article 1641 of the Civil Code A seller is bound to a warranty on account of the latent defects of the thing sold that renders it unfit that the purchaser would not have bought or given a price if he had known of them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from prohibitive vices must be brought by the purchased within a period of 2 years following the discovery of the default.

11. Personal data
The collection of the customer’s nominative information is necessary to the processing of the order. This information is strictly confidential and is only designated to the uses of BALTIMORE. In accordance with the French Data Protection and Freedom of Information Law of January 6th 1978 , the customer has the right to access, modify or delete your personal information. If the customer wish to apply this right, he needs to write to BALTIMORE indicating his name, surname and address. BALTIMORE reserves the right to collect the data about the user including the use of cookies to improve individualized service designated to the customer.


12. Responsibility

BALTIMORE shall not be held liable for any convenience and losses resulting from the network usage such as service interruption, the presence of It viruses, exterior intrusions or more generally for any other events deemed major force by the courts.

13.Miscellaneous provisions
The invalidity or the non-application of one of this terms and conditions of sale will not affect the application or the validity of any other clauses in this general terms and conditions of sale. This clause will be then replaced by the nearest provision possible. Nor BALTIMORE, nor the customer can be held liable for the non-execution of contractual consecutive arrangements at any and without notice in case of major force, war, uprising, insurrection, cut of transportation, strike, shortage, fire, earthquake, storm and flood. For any further information, question or claim the customer can send an email to bonjour@baltimore-paris.fr.

14.Legal notices
Legal owner : Private and Limited Company, BOUCHE & DIMBENZA, 8 rue Marie et Louise, 75010 Paris, France.
Web and Content Editor : Private and Limited company , BOUCHE & DIMBENZA, 8 rue Marie et Louise, 75010 Paris, France.

15. Applicable Law and Competent Court
This general terms and conditions of sale are exclusively regulated by French law. The Paris Commercial Court has sole jurisdiction in the event of a dispute or litigation.