GENERAL TERMS AND CONDITIONS OF SALE AND USE
The band-loop.com website (URL www.band-loop.com/) is operated by the company MY-MONTRE.com. Placing any order for a product listed on the Band-Loop online shop requires prior consultation of these general terms and conditions of sale. Consequently, the consumer acknowledges being fully informed that their agreement to the content of these general terms of sale does not require a handwritten signature, insofar as the customer wishes to order the products presented in the online shop.
The consumer has the option to save these general terms of sale. The customer is solely responsible for saving this document.
The online shop operated by MY-MONTRE.com on the website provides the following information:
- Legal notice allowing precise identification of Band-Loop.
- Presentation of the essential characteristics of the goods offered.
- Indication in Euros of the price of the goods and, where applicable, the delivery costs.
- Indication of payment, delivery and performance methods.
- The existence of a right of withdrawal (see Article 16).
- The period of validity of the offer or the price.
- The conditions for terminating the contract when it is for an indefinite term or a term longer than one year.
- All this information is provided in English. The consumer declares that they have full legal capacity allowing them to be bound by these general terms of sale.
Article 1: Entire agreement
These general terms of sale express the entirety of the parties' obligations. To that end, the consumer is deemed to accept without reservation all the provisions set out in these general terms of sale. No general or specific condition appearing in the documents sent or delivered by the consumer may be incorporated herein.
Article 2: Purpose
These general terms of sale aim to define the rights and obligations of the parties in connection with the online sale of goods and services offered by Band-Loop to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, in descending order of precedence: these general terms of sale and the order form. In case of contradiction between provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4: Entry into force — Duration
These general terms of sale enter into force on the date the order is registered, i.e. when the consumer confirms it by ticking the box labelled "I accept the general terms of sale and the privacy policy" when placing the order. These general terms of sale are concluded for the period necessary to supply the goods and services subscribed, until the expiry of the warranties owed by Band-Loop.
Article 5: Orders
You can place an order online at: https://www.band-loop.com/
The contractual information is provided in English and will be confirmed at the latest when your order is validated.
Band-Loop reserves the right not to register a payment, and not to confirm an order for any reason whatsoever, in particular in case of supply problems, or in case of difficulty regarding the order received.
Article 6: Electronic signature
The fact that the consumer ticks the box on the order form labelled "I have read the general terms of sale and accept them without reservation." constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.
Article 7: Order confirmation
The contractual information will be confirmed by email at the latest at the time of delivery, or failing that, at the address indicated by the consumer on the order form.
Article 8: Proof of the transaction
Computerised records, kept on Band-Loop's information systems under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 9: Product information
9-a: Band-Loop presents on its website the products for sale with the necessary characteristics that comply with Article L 111-1 of the French Consumer Code, which provides the prospective consumer with the ability to know, before placing the final order, the essential characteristics of the products they wish to purchase.
9-b: Offers presented by Band-Loop are valid only within the limits of available stock.
Article 10: Prices
Prices are indicated in Euros and are valid only on the date the consumer sends the order form. They include delivery costs and are stated before order validation. Prices include the VAT applicable on the day of the order; any change in the applicable VAT rate will automatically be reflected in the price of products in the online shop. Full payment must be made when placing the order. The amounts paid shall under no circumstances be considered as a deposit or a down payment.
Article 11: Payment methods
To pay for their order, the consumer may choose from all the payment methods listed on the order form. The consumer guarantees to Band-Loop that they have the authorisations possibly necessary to use the chosen payment method when validating the order form. Band-Loop reserves the right to suspend any order processing and any delivery in case of refusal of credit-card payment authorisation by officially accredited bodies, or in case of non-payment. Band-Loop reserves in particular the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is being handled. Band-Loop has set up an order verification procedure designed to ensure that no person uses another person's banking details without their knowledge.
Article 12: Product availability
The order shall be executed within a maximum of 3 days from the day following the day the consumer placed the order. If the ordered product is unavailable, in particular due to Band-Loop's suppliers, the consumer shall be informed as soon as possible and shall be entitled to cancel the order. The consumer may then choose either a refund of the amounts paid within 30 days at the latest of their payment, an exchange of the product, or to wait for restocking, as the case may be.
Article 13: Order validation
Any order placed on the band-loop.com website implies adherence to these General Terms. Any order confirmation entails your full and complete adherence to these general terms of sale, without exception or reservation.
All data provided and the recorded confirmation shall serve as proof of the transaction. You declare to have full knowledge of this. Order confirmation shall constitute a signature and acceptance of the operations carried out. A summary of your order information will be sent to you via the order confirmation email.
Article 14: Returns
All our products benefit from the legal warranty of conformity and the warranty against hidden defects provided by Articles 1641 et seq. of the French Civil Code. In case of non-conformity of a product sold, it may be returned, exchanged or refunded.
All claims, exchange requests or refund requests must be made via the consumer's personal account within 30 days of delivery.
Products must be returned to us in the condition in which you received them with all elements (accessories, packaging, instructions, etc.).
Return and exchange shipping costs are borne by the consumer. For any exchange, a new payment request for the return shipping fee will be sent to you via PayPal.
The provisions of this Article do not prevent benefiting from the right of withdrawal provided for in Article 16.
Article 15: Delivery methods
Products are delivered to the address indicated by the consumer on the order form. The consumer is required to check the condition of the packaging at delivery and to report any damage caused by the carrier on the delivery note, as well as to BAND-LOOP, within one week (see Article 16). The consumer may, on request, obtain the sending of an invoice to the billing address rather than the delivery address by validating the option provided for that purpose on the order form. As soon as BAND-LOOP ships an order, the consumer immediately receives an email informing them.
If the delivery address given to BAND-LOOP does not allow the postal service to deliver the parcel to its final destination, BAND-LOOP will contact you to resend the parcel to a different valid address, subject to an additional shipping fee. If this second address proves to be incorrect, BAND-LOOP will refund you immediately upon receipt of the parcel at our premises, deducting the cost of the two shipments according to the rates in force.
BAND-LOOP offers various delivery options. The consumer can choose between shipments with or without tracking. Shipping an order without tracking is at the consumer's own risk. If the consumer chooses simple-letter shipping without tracking or guarantee, and the delivery is delayed or the shipment appears to be lost, BAND-LOOP is in no way liable, and the consumer waives any form of recourse and reimbursement related to this inconvenience.
LA POSTE (for tracked shipments only)
To minimise transport costs, all products of small or medium size are shipped in bubble envelopes. Besides being economical, this type of envelope is quickly delivered throughout France. However, as with any shipment, there may be delivery delays or the product may go astray. In case of delivery delay compared to the date indicated in the shipping email, please notify us by email. We will then contact La Poste to start an investigation. A La Poste investigation can last up to 21 days from the start date. If during this period the product is found, it will be immediately rerouted to your address (the majority of cases). If, however, the product is not found at the end of the 21-day investigation, La Poste considers the parcel as lost. Only at this point can we send you a replacement product, at our expense, if you have chosen the tracked delivery method. If the ordered product(s) are no longer available at that time, we will refund the amount of the products affected by the carrier loss. If the product(s) were still available but had a different selling price on the website, we would apply the new selling price and refund the difference by bank transfer. We disclaim any liability for extended delivery times caused by the carrier, particularly in case of product loss or strike.
Article 16: Delivery problems caused by the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations" accompanied by the customer's signature. The consumer must also confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgement of receipt stating the said claims. The consumer must send a copy of this letter by simple post to:
MY-MONTRE — Band-Loop service
BP 20075
31121 PORTET PDC
France
Article 17: Delivery error
17-a: The consumer must report to Band-Loop on the day of delivery or, at the latest, the first working day following delivery, any claim of delivery error and/or non-conformity of the products in nature or quality compared with the information on the order form. Any claim made after this period will be rejected.
17-b: This claim to Band-Loop may be made by simple email by connecting to the Band-Loop online shop website.
17-c: Any claim not made in accordance with the rules defined above and within the time limits will not be taken into account and shall release Band-Loop from any liability to the consumer.
17-d: Upon receipt of the claim, Band-Loop shall assign an exchange number for the product(s) concerned and communicate it to the consumer by email or telephone. A product exchange can only take place after assignment to the consumer of an exchange number following the procedure described above.
17-e: In case of delivery error or exchange, any product to be exchanged or refunded must be returned to Band-Loop in its entirety, unworn and in its original packaging, by tracked mail, to the following address:
MY-MONTRE — Band-Loop service
BP 20075
31121 PORTET PDC
France
To be accepted, any return must be reported beforehand to the Band-Loop Customer Service.
Shipping costs are borne by Band-Loop, except where the returned product does not correspond to the original declaration made by the consumer on the return form.
Article 18: Product warranty
In accordance with Article 4 of decree no. 78-464 of 24 March 1978, the provisions of these general terms of sale cannot deprive the consumer of the legal warranty obliging the professional seller to guarantee them against all consequences of hidden defects in the goods sold. The consumer is expressly informed that Band-Loop is not the manufacturer of the products presented on the website within the meaning of French law no. 98-389 of 19 May 1998 on liability for defective products. Consequently, in case of damage caused to a person or property by a product defect, only the manufacturer's liability may be sought by the consumer. Given the frequency of renewal of components of technical products, Band-Loop may, on request, inform the consumer about the availability of spare parts for the offered products and the procedures for obtaining them.
Article 19: Right of withdrawal
The consumer has a period of 14 working days to return, at their own expense, products that do not suit them. This period runs from the day of delivery of the consumer's order. If this period ends on a Saturday, Sunday, public holiday or non-working day, it is extended to the first following working day. Any return must be reported in advance to the Band-Loop Customer Service by simple email by connecting to the Band-Loop online shop website.
The product must be returned to Band-Loop in its entirety and in its original packaging, by tracked mail, to the following address:
MY-MONTRE — Band-Loop service
BP 20075
31121 PORTET PDC
France
Only products returned complete, in their full and intact original packaging, and in perfect resaleable condition shall be accepted. Any product that has been damaged, or whose original packaging has been deteriorated, will be neither refunded nor exchanged.
This right of withdrawal is exercised without penalty, except for return shipping costs. In the event the right of withdrawal is exercised, the consumer may choose either a refund of the amounts paid or an exchange of the product. In case of exchange, reshipment will be at the consumer's expense.
If the right of withdrawal is exercised, Band-Loop will make every effort to refund the consumer within 15 days. However, given the technical nature of the products sold, this period may be extended to 30 days, particularly when the product requires technical verification (e.g. products that must be tested beforehand). The consumer will then be credited to their bank account via PayPal (secure transaction) or Payline (depending on the payment method chosen at the time of the order).
Article 20: Usage rights
The right to use Band-Loop's software, and that distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the French Intellectual Property Code. However, pursuant to Article L122-6-1 of that Code, the consumer has a right of reproduction exclusively for the purpose of making a backup copy, where this is necessary to preserve the use of the software. In any case, the author of the software retains a property right over their work, which the consumer undertakes to respect.
Article 21: Force majeure
Neither party shall have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an unforeseen event or force majeure. Considered as unforeseen events or force majeure shall be any irresistible facts or circumstances external to the parties, unpredictable, unavoidable, independent of the parties' will, and that cannot be prevented despite all reasonable efforts. The party affected by such circumstances shall notify the other within ten working days following the date on which it became aware of them. The two parties shall then approach each other within one month, except in case of impossibility due to force majeure, to examine the incidence of the event and agree on the conditions under which the contract will continue to be performed. If the force majeure event lasts more than three months, these general terms of sale may be terminated by the injured party. Expressly considered as force majeure or unforeseen events are, in addition to those usually accepted by French case law: blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; interruption of telecommunication networks or difficulties specific to external telecommunication networks of customers.
Article 22: Partial invalidity
If one or more provisions of these general terms of sale are held to be invalid, or declared as such pursuant to a law, regulation or a final decision of a competent court, the other provisions shall retain their full force and effect.
Article 23: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms of sale shall not be construed for the future as a waiver of the obligation in question.
Article 24: Headings
In case of difficulty of interpretation between any of the headings appearing at the top of the clauses and any of the clauses, the headings shall be declared non-existent.
Article 25: Applicable law
These general terms of sale are subject to French law. This applies both to substantive rules and to formal rules. In case of dispute or claim, the consumer shall first address Band-Loop to seek an amicable solution.
Article 26: Data protection
The information requested from the consumer is necessary to process their order and may be communicated to Band-Loop's contractual partners involved in the execution of this order. The consumer may write to Band-Loop, whose contact details are in the privacy policy on the website, to oppose such communication, or to exercise their rights of access and rectification regarding information concerning them held in Band-Loop's files, under the conditions provided by the French law of 6 January 1978. The consumer may also, as a priority, exercise their rights of access and rectification regarding information concerning them via forms available in the "My account" section, after identifying themselves on the Band-Loop online shop website.