These are the terms and conditions of sale of the website www.bak2life.fr . These terms, together with any Special Conditions (as defined below) will apply to all your purchases of Goods and Services. Please read this document carefully after printing it off or downloading it before placing your order.
We may change these terms from time to time. Please check them before you make another purchase.
1.1 In these conditions:
1.2 The contract for the supply of Goods and/or Services (“Contract”) will be formed when we accept your order.
1.3 These conditions and any matters referred to on our order acknowledgement (as appropriate) form the entire understanding between you and us and supersede any prior promises, representations (unless fraudulent) or undertakings.
1.4 Any omission or error in any sales literature, web page or site, order form, price list, order acknowledgement, dispatch note, invoice or other document issued by us may be corrected by us without liability.
1.5 Subject to any Special Conditions, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from the Contract so that no third party may claim any rights under this contract.
1.6 Clause headings are for convenience only and do not affect the interpretation of these conditions. Words in the singular include the plural and vice versa.
1.7 Any applicable Special Conditions are supplemental to these terms and conditions. In the event of any conflict or inconsistency between these terms and conditions and any Special Conditions, these terms and conditions shall prevail but only to the extent of that conflict or inconsistency.
1.8 These terms and conditions and any Special Conditions do not apply to any sales by third parties on our website. Sales by third parties shall be subject to that third parties terms and conditions (if applicable). You should read any third party terms and conditions prior to placing your order. You acknowledge and accept that we have no responsibility for and shall have no liability to you in respect of any sales by third parties on our website.
2.1 If the Goods which you purchase from us are faulty or do not do what we say in Writing that they will do, you should notify us in writing within 90 days of delivery. We will examine the Goods and, if the Goods are faulty or do not do what we say in Writing that they will do, we will, at our option, either replace the defective Goods or refund the price of the defective Goods.
2.2 The warranty in 2.1 above does not apply to faults which have been caused by your misuse and/or neglect of the Goods or by accidents caused while the Goods are in your possession.
2.3 Where you return Goods under condition 2.1, we will pay for the delivery of any replacement Goods to you and will, where you have returned Goods to us within 90 days of delivery, reimburse your reasonable postage costs in returning the Goods. We will not be liable for any delivery costs where you are not entitled to return the Goods to us under these conditions or by law.
2.4 You must return all Goods to us in their original packaging in substantially the same condition as you bought them.
2.5 We will supply the Services which you purchase from us with reasonable skill and care.
2.6 If the Services which you purchase from us are not in accordance with clause 2.5, above, or do not do what we say in Writing that they will do, you should notify us in Writing within 90 days of their supply or within a reasonable time from their supply for defects which are not apparent to you following the provision of the Services. If the Services are not in compliance with clause 2.5 above, or do not do what we say in Writing that they will do, we will either remedy the defect in question, re-supply the defective Services or refund the price (or a proportionate part of the price) of the defective Services (or proportionate part of the Services).
3.1 We will not be liable to you by way of representation (unless fraudulent), common law duty or under any express or implied term of the Contract for:
3.2 Subject to condition 3.3 below, our entire liability in connection with the Contract will not exceed the purchase price of the Goods or Services to which the claim relates.
3.3 Nothing in this Contract shall limit our liability to you for death or personal injury resulting from our negligence or that of our employees, agents or subcontractors nor for any other matter which by law cannot be excluded.
4.1 The price for the Goods and/or Services is stated on our order acknowledgement (as appropriate). All prices shown on the site are in euros and are inclusive of VAT unless otherwise provided. Delivery, any applicable bank charges, and the cost of packaging and insurance will be added to or charged on invoices at the appropriate rates and paid by you.
4.2 We may vary the price where the cost to us of acquiring or supplying the Goods or Services is increased between the date of the order acknowledgement and delivery to account for, without limitation, increases in the cost of Goods or Services, carriage, packaging or insurance or arising from a change in exchange rate, a change in delivery date, quantities, pricing errors or delay caused by your instructions PROVIDED THAT we will notify you in writing in good time prior to delivery of such price increases. You may cancel your order within 7 working days of this notice if you are unhappy with the price increases.
5.1 All payments should be made via our website by Visa card.
5.2 Unless we agree otherwise in Writing, you must pay for Goods and Services prior to the dispatch of the Goods or Services to you by such means as we may notify you of on our website.
5.3 Where you do not make any payment to us under the Contract by its due date then, we may, in addition to any other rights which we have under this Contract, withhold further deliveries and/or suspend performance of the Contract until arrangements as to payment or credit have been established on terms which are satisfactory to us.
6.1 Whilst we try to keep our website up to date, stock availability information is subject to change and this may impact upon the delivery of the Goods to you. In the event that you place and order with us for Goods that are temporarily out of stock, we will notify you within 14 days that the Goods are out of stock and the Goods will be delivered to you when they become available.
6.2 We will deliver the Goods to the place designated by you in the accepted order during normal business hours.
6.3 Unless otherwise expressly agreed in writing, any delivery date or time specified by us in any dispatch note or otherwise is a best estimate only and we will not be liable to you for any loss or damage sustained by you if we fail to meet that time scale.
6.4 If you have any queries relating to the delivery of your Goods, or in the event of non-delivery, please contact us at email@example.com or +33 (0) 3 66 72 28 82. To help us trace your order, please contact us within 30 days from the date of your order for UK orders and within 90 days from the date of your order for all orders to be delivered overseas.
6.5 If you become unable to pay your debts (or have no reasonable prospect of so doing), make an arrangement with your creditors, suffer a bankruptcy order, become insolvent or go into liquidation, receivership or administration, have an administrator appointed, are wound up, or breach your payment obligations under the Contract, then we may, as well as any other rights which we have under this Contract, immediately terminate the Contract and suspend or cancel further delivery.
7.1 The risk for damage to the Goods will pass to you upon delivery.
7.2 Title to the Goods will not pass to you until we have received payment in full (in cash or cleared funds) for the Goods.
7.3 If you fail to pay for any Goods in accordance with these conditions we may bring action against you for the price of the Goods at any time.
We shall replace, free of charge, any Goods damaged or lost in transit where delivery has been made by our carrier, provided that you give us written notification of such damage or loss within 14 days after delivery.
9.1 Where we have put drawings, photographs, illustrations, specifications, performance data, dimensions and the like in sales literature, on web pages or other documentation, we believe they are accurate. However, you should not take them to be a description of the Goods and/or Services or representations made by us and we do not warrant that they are accurate.
9.2 You should check specifications and any description of the Goods and/or Services prior to making an order. You acknowledge and accept that the specification and any description relating to Goods and/or Services may be changed by the manufacturer, publisher or us at any time up to delivery. We will not be liable to you (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss or damage suffered in connection with any change. We will use our reasonable endeavors to advise you of any such impending change as soon as we are able or upon our receiving notice of the same (as appropriate). If you are a Consumer, you may cancel the Contract according to your rights set out in condition 10, below.
10.1 This condition 10 applies to Consumers only.
10.2 Under the United Kingdom’s Distance Selling Regulations, you have the right to cancel the Contract for the purchase of any of the Goods and/or the supply of the Services within 14 working days of delivery (in respect of Goods) and within 14 working days from entering into the Contract (in respect of Services). A working day is any day other than weekends and bank or other public holidays. We will be happy to exchange the Goods or provide you with a full refund for the price of the Goods provided that, where delivery has taken place, you have returned the Goods to us in the same condition that they were delivered. Unless we agree otherwise with you in writing, you will not be able to cancel the Contract in respect of the Services under this condition 10 once the performance of the Services has begun by us.
10.3 This right of return is in addition to any other rights, warranties or conditions available to you. (For example, there are terms implied into our Contract with you under the Supply of Goods and Services Act 1982 (as amended) which we cannot exclude.)
10.4 If you exercise your right of cancellation after the Goods have been delivered to you, please package any Goods securely in the original packaging and return to the address noted in the order confirmation. For your protection, we recommend that you use a recorded delivery service. Please note that you will be responsible for the costs of returning the Goods to us unless we delivered the items to you in error or the Goods are faulty. If you do not return the Goods as required, we may charge you a sum not exceeding the direct costs of recovering the Goods.
We shall not be liable to you if we are prevented or delayed in the performing of any obligations to you if this is due to any cause beyond our reasonable control including: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action or stoppages of work; any form of government intervention; a third party act or omission; failure by you to give us a correct delivery address or any failure by you to notify us of a change of address.
these terms and conditions or any Special Conditions shall immediately terminate.
We may freely assign, sub-contract or otherwise transfer in whole or in part the Contract. You may not assign, sub-contract or otherwise transfer in whole or in part the Contract without our written agreement.
13.1 All intellectual property in the Goods and Services (including, without limitation, any information, documentation and/or materials produced in connection with the Goods or Services) are and shall remain fully vested in us. Nothing in these conditions or any Special Conditions shall grant to you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Goods or Services.
13.2 We shall process your data in accordance with the Data Protection Act 1998.
13.3 The Contract is governed by the laws of England and the English courts shall have the non-exclusive jurisdiction to resolve any disputes arising out of or under it.
13.4 No waiver by us of any breach of the Contract by you is considered as a waiver of any subsequent breach of the same or any other provision.
13.5 The Goods and/or Services provided by us are for information only and should not be used as conclusive, complete or authoritative. We make no representation, warranty or guarantee in respect of the Goods or Services and shall have no liability to you (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, costs or expenses incurred by you, or any third party, acting in reliance upon or by virtue of any information which has been accessed by you by virtue of the Goods or the Services provided under this Contract.
13.6 The views and/or opinions expressed by any of our employees (including, without limitation, any training personnel) during the provision of the Goods or Services (or otherwise) may not represent our views and/or opinions and we shall have no liability to you or any third party (whether in contract, tort, negligence or otherwise and howsoever arising) for any loss, damage, suffering, costs and/or expenses incurred resulting from the expression of such views and/or opinions by our employees.