These General Terms and conditions govern the sales of items of Balianse company through the website (“the Site”) www.balianse.com - whose registered office is based in France – 7, rue du Docteur Bauer 93400 Saint-Ouen, registered in the Companies’ Register under the number 50742936300025  -  To any private individuals legally capable of entering into a binding contract as "final buyers" other than for their resale.

General Conditions of Sale form the sole agreement between the parties and prevail over any other document. The fact of placing an order implies full and entire acceptance of these General Conditions of Sale which may be modified at any time on the website.

Orders placed on the website are for private individuals legally capable of entering into a binding contract (aged 18 or more) who are "final buyers" other than for their resale. The resale of Balianse items is strictly forbidden by those who plan to sell as a business activity.

Balianse could not confirm any order if the General Terms and Conditions are not strictly followed.

Besides, they may be modified at any time. The new General Conditions of Sale will apply to any order placed after they have been posted on the website.

 

Article 1 : Products

The offers of items are those shown on the website the day the order is placed, to the extent of the available stocks. Upon your placement of an order, you are advised of the availability of items immediately.

Only products for which stock is available can be added to your shopping basket. Products which have sold out will be clearly marked as such. However, if an error happens for any reason, and we are unable to ship the product(s) that you have selected and purchased online, you will be contacted within 30 days. The cancellation of the purchase of an item, if you do not wish to exchange with another product of a same value, leads to the refund of that product, but not on the whole order if various articles are purchased.

Each product purchased is sold subject to its Product Description. We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information is posted on the site.

However, if an error or omission occurred in the description, Balianse may not be responsible.

Besides, due to technical limitations, slight variations between the colour and texture of the actual product and the image of the product shown on the website are to be expected. As such, photos and descriptions are not contractual.

 

Article 2 : Prices

Prices are VAT-Inclusive with the exception of order processing, packaging and shipping costs. However, only shipping and delivery costs will be charged in addition. They will be indicated to you while confirming the order.

Prices are indicated in Euros.

Prices may be changed at any time, it being understood that the items are invoiced and therefore payable on the basis of the price in force at the time of ordering.

Orders that are shipped to countries outside of the E.U. may be subject to import taxes, customs duties and fees levied by the destination country (‘Import fees’). The recipient of an international shipment may be subject to such Import Fees, which are levied once a shipment reaches your country. Additional charges for customs clearance must be borne by the recipient. Balianse have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, you should contact your local customs office for further information.

 

Article 3 : Order

To place an order on the website and comply with our Terms and conditions, you shall be a private individual legally capable of entering into a binding contract and be in possession of a valid credit card.

You must fulfill the identification form in which you will provide with all the data necessary to process your order.

You are kindly invited to check, article by article, the number, colour, and price are correct before confirming the order form.

After checking and validating your order, you can proceed to the payment.

The fact of placing an order implies acknowledgment and full and entire acceptance of these General Conditions of Sale, especially when registering the order. Unless otherwise proven, the data that we record constitute proof of the transactions and the date thereof.

Balianse will send to you through electronic printable mail a confirmation of the order with you order number, once the checking of the banking data, among others, has been made.

We reserve the right not to honor an order which does not comply with those Terms and Conditions, abnormal or carried out insincerely, as well as for any other legitimate reasons, such as litigation on the payment of a previous order.

 

Article 4 : Order proof

The electronic mail, order forms, invoices and transactions will be filed by Balianse on a reliable external server. They will be proof between both parties.

 

Article 5 : Payment conditions and security policy

Payment of your purchases is made exclusively by bank card upon the placement of your order (Carte Bleue, Visa, Eurocard / Mastercard). Payment by cheque is also possible but for France only, provided you contact with us through electronic mail : contact@balianse.com (order process will be longer).

Your bank card is debited no later than six (6) days after the placement of your order.

You may make your purchases in complete safety. The bank details that you transmit on line to a registered bank are confidential and carried out in a secured environment (SSL protocol) and 3D Secure system for which you will have to answer a question for authentification. Payment card numbers are not conserved on our site, but on a Banking establishment's secure site. Checks are carried out to ensure that the bank card address and invoice address match each other.

We remain the owners of the items sold until the complete payment of the price, including VAT and delivery charges.

If for any reason, the due amount are not possible and not debited from your bank account, the order will not be registered by the Site and will be cancelled.

 

Article 6 : Delivery

The delivery process to the indicated delivery address is subject to the collection of the payment of the order on our bank account.

The delivery terms and delays are only indicative from the following date of the validation of your order. They correspond to the acceptance, treatment process, collection of the payment, and delivery process and shipping. According to the delivery place, they can go from 4 days up to 2 weeks in some international countries.

An electronic email will be sent to you as soon as the order is dispatched from our warehouse..

Balianse disclaims all responsibility in case of delivery delays due to carrier service, means of transport, strikes, or loss of the goods. However, Balianse will inform you of any difficulty or delay possible that the carrier service may pass on to us.

Transport is at your risk as soon as the goods are dispatched from our warehouse. All claims will have to be motivated to the carrier service.

When ordering products for delivey outside the E.U, you may be subject to import duties and taxes, which are levied once the package reaches your country. Any additional charges for customs clearance must be borne by you. Balianse has no control over these charges and cannot predict what they might be.

Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Balianse online, you are considered the ‘Importer of Record’ and must comply with all laws and regulations of the country in which you are receiving the product.  Delivery can be delayed due to customs clearance.

If nobody is available to sign for the delivery when it arrives at the agreed delivery address, the carrier service should leave a card with the all information required to pick up the parcel.

In case of a collective delivery address, Balianse disclaims all responsibility if the order is collected by other than the actual buyer.

Upon receipt of your order, systematically verify the condition of your package, the proper condition of the items ordered and its conformity with the order. If you see that your package or item is damaged, we recommend that you specify any such damage on the carrier's delivery form. If the product is damaged, we recommend you do not accept the parcel and specify the damage observed (damp, punctured, …) on the delivery form.

In any event, you have three (3) days, holidays excluded, from receipt of your package within which to notify the carrier by extrajudicial document or registered letter of your possible reservations, and send a copy to Balianse at 7, rue du Docteur Bauer, 93400 Saint-Ouen, France, with the same terms and delays.

If the item (s) does (do) not correspond to your order, you may return it (them) pursuant to the « Return policy » and "Guarantees" procedures set forth below.

Shipping costs are indicated in the "Order Review", and depend on the total amount of your order and the country where delivery is due. They may be modified at any time.

 

Article 7: Return – Right of Withdrawal

You have seven (7) calendar days as from the day you receive your order to claim your right of withdrawal.

Before returning an item, please contact us by email at : contact@balianse.com.

Items should be returned to : Balianse – 7 rue du Docteur Bauer, 93400 Saint-Ouen, France.

Risk and costs of return remain your responsibility. We are not responsible for packages which do not reach us.

 

On sale and discounted items can be returned on an exchange only basis.

Items will be refunded or exchanged provided the item is returned in a new and unused condition. They should be in the same condition as when they arrived with the original packaging intact and tags attached. Please note that you are responsible for taking care to ensure the items are received in a good condition and not damaged in transit. In addition, you are requested to enclose the invoice and any documents that you have received with your parcel.

Items that are returned incomplete, spoiled, damaged or stained will not be accepted.

You are requested to keep your carrier documents as proof of shipping date.

To exercise your right of withdrawal, you can ask for refund of the amount of the product(s) (transport cost excluded) or for exchange the product(s) according to stock availability.

The refund is made by credit to the bank account that was used for payment of the order, as soon as possible and no more than thirty (30) days after the date you have exercised your right.

Items are exchanged only for other standard items of the same or superior value. Consequently, no refund will be made within the framework of the exchange process. If you wish to exchange your item with another item of a superior value, you will have to pay the difference between this new item value and the item value that you had ordered.

 

Article 8 : Garantie

The items on sale on the website comply with the regulations in force. Balianse commits to supply with highest quality products.

However, in case of manufacturing defect that has been observed and validated by our workshops, and after contacting us by electronic mail at : contact@balianse.com, you have thirty (30) days to return to us the product to : Balianse 7, rue du Docteur Bauer 93400 Saint-Ouen, France.

Balianse will repair it if possible, or will replace it according to the available stock and on an equivalent value basis, or will refund you provided the product is still in a good condition.

For worn items, the repair is paying. We will propose you an estimate.

Your item will not be repaired if it is too worn, if accidental damages have been caused, if you used inadequate cleaner or chemical products, or for any abnormal use of your item. It will be thus returned to you in its condition.

All claims for refund, or exchange must be made by email at contact@balianse.com indicating your order number :

-       within seven (7) days after receipt of the products for use of your withdrawal right

-       Within thirty (30) days after receipt if you received the wrong product or detected a manufacturing defect.

All claim received after this delay may not be accepted.

For withdrawal or if the item received is the wrong one, you shall return the product in the same condition as when they arrived with the original packaging intact and tags attached. Please note that you are responsible for taking care to ensure the items are received in a good condition and not damaged in transit. In addition, you are requested to enclose the invoice and any documents that you have received with your parcel.

On sale and discounted items can be returned on an exchange only basis provided it is made within the seven (7) day-delay after receipt. They only can be refunded if manufacturing defects has been shown and validated by us.

 

Article 9 : Customer service

For any inquiries regarding the products, order follow-ups, you are kindly invited to contact us at :

contact@balianse.com

Balianse 7, rue du Docteur Bauer 93400 Saint-Ouen, France

 

Article 10 : Intellectual property

Intellectual property rights covering the site and all connected elements (brand, models, royalties, domain names, text, images, graphics, photographs, designs...) are subject to property or usage rights exclusively reserved for Balianse. Any attempt to copy or reproduce part of, or the entire site - without express prior permission from Balianse - is strictly forbidden, unless for personal and private use and excluding any commercial actions what so ever.

All elements in Balianse website are protected under Copyright law, design rights, trademark rights, and other intellectual property rights worldwide.

You agree to and agree not to assist or facilitate any third party to:

• Copy, reproduce, transmit, adapt, publish, display or distribute any part of this site

• Commercially exploit or create derivative work of such material and content or to

incorporate any of it into other work, including any website, whatsoever

• Copy, make any design documents, make articles to, or otherwise use any of the

designs depicted in this site, or

• Use the graphics on this site separately from the accompanying text.

 

Article 11 : Responsibility

By using the website www.balianse.com, Balianse is not responsible for any damage generated by a defectuous internet network, data loss on the server, intrusion, virus or any other technical problems.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account.

You are responsible for contacting your customs policies and enquire whether custom duties and fees are applicable in your country for the import of your purchased order.

We are not liable for a possible difference in colour between "the screen and reality”.

We are not liable if for any reason your item is not available due to force majeure, floods, fire, strikes all the more strikes of carrier or any means of transportation. Balianse may not be responsible for all these direct or indirect damage due to these above risks.

 

Article 12 : Privacy and Communications

Please, be assured that any information you pass on to us is kept private and confidential. We will not share, rent or sell your personal information without your consent.

We collect information for ourselves and our partners for the good process of the order. We hold personal information such as name, address and phone number to allow us to fulfill your order and manage your account. We do not hold credit card details.  These are passed directly onto our payment partners system and are not recorded on our system.

Occasionally we may need to ask for additional information to verify your identity or for authentication. Your personal information may be checked with a credit agency to prevent fraud. We also reserve the right  to disclose your details to a third party if a complaint arises concerning your use of our site that is inconsistent with our Terms and Conditions.

We reserve the right to disclose your details to comply with any applicable laws or lawful government requests we may receive.

As being a Balianse customer, we reserve the right to use your data to inform you about new products, special offers or any information letters related to the website or our brand.

If you have any further enquiries or would like us to modify or remove your data from our database please email us at contact@balianse.com

 

Article 13 : Applicable laws- Disputes

These General Conditions of Sale, the order and all actions that arise out of them are governed by French Law. In the event of a dispute, and if this cannot be settled amicably, the French courts have sole jurisdiction.