General Terms and Conditions (GTC)

Preamble
The online sales site www.babyontop.com is managed by the company The5K which is an inter-personal company with limited liability , registered in the Nanterre Trade and Companies Register under the number   SIRET 85125522400012
It is specified beforehand that these conditions govern the sales of its products by   The5K from any natural or legal person making a purchase via the website www.babyontop.com , hereinafter referred to as “the CUSTOMER”.
These General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between The5K and the CUSTOMER relating to the sale of the products ordered.
Any order placed on the website www.babyontop.com requires that the CUSTOMER accepts beforehand and without reservation the General Conditions of Sale in their entirety.
In the event of disagreement with the terms and conditions of the General Conditions of Sale, the CUSTOMER must not use the Website.
The5K reserves the right to adapt or modify its General Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to the adaptations or modifications.
In case of modification, the General Conditions of Sale applicable to the CUSTOMER's order are those which were online, and which the CUSTOMER accepted on the day of placing the order.
Article 1 - Definitions
The terms and expressions identified by a capital letter in the General Conditions of Sale have the meanings indicated below (whether used in singular or plural).
  • General Conditions of Sale :designate this document, ie the terms and conditions applicable in relations between The5K and the CUSTOMER.

  • Order :means the CUSTOMER's purchase order relating to one or more Product (s) or Service (s) placed through the use of the Website   www.babyontop.com or via Customer Service

  • Website :means the website accessible at the address   www.babyontop.com

  • Product :means a product or Service offered for sale on the Website   www.babyontop.com

  • CUSTOMER :means a Natural or Legal Person, consumer, who uses the Website   www.babyontop.com and acquire one or more Product (s), for their personal needs, having previously adhered to the General Conditions of Sale.

Article 2Object
The purpose of these General Terms and Conditions of Sale is to define the contractual relations between The5K and the CUSTOMER and the conditions applicable to any purchase made through the website   www.babyontop.com .
By accepting these General Conditions of Sale, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any dependent minor person to buy on this online sales site.
The use of our products for any illegal or unauthorized purpose is prohibited.
The5K company retains the possibility of modifying these General Conditions of Sale at any time, in order to comply with any new regulations or in order to improve the use of its site.Therefore, the applicable conditions will be those in force on the date of the order by the CUSTOMER .
Article 3Prices
The prices appearing on the product sheets of the internet catalog are prices in Euros (€) all taxes included (TTC) taking into account the VAT applicable on the day of the orderAny change in the rate of VAT may be reflected in the price of the products.
The5K company reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the CUSTOMER.
The products remain the property of   www.babyontop.com until full payment is received by   www.babyontop.com .
Promotional products will be indicated by a"PROMOTION"sticker or by a strikethrough Price, our promotions are valid while stocks last at the time of the order and during the display period.
For CUSTOMERS outside mainland France,     www.babyontop.com is obliged, in accordance with current law, to charge VAT on orders shipped to most countries of the European Union.
For CUSTOMERS outside the European Union and French overseas departments and territories, orders are not subject to VAT, but may be subject to local taxes and customs taxes in force in the country of receiptThese rights and sums do not fall within the competence of   www.babyontop.comThey are the responsibility of the CLIENT.
Warning:Any inaccurate information provided by the CUSTOMER for the purpose of evading VAT may result in civil fines and criminal proceedings.
The prices of the Products indicated on the site www.babyontop.com do not include the processing and shipping costs which are invoiced in addition to the price of the Products purchased and according to the total amount of the order.
Shipping costs depend on your country and may be subject to change depending on the carrier chosen.
Article 4Ordered
The contractual information is presented in French and will be subject to a confirmation including this contractual information at the latest at the time of delivery.The5K reserves the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order.
To order Products on the Website   www.babyontop.com , the CUSTOMER must create an account by providing the information required on the registration form.
For this purpose, the CUSTOMER declares to provide complete personal information, not erroneous so as to allow to proceed to its precise identification in any situationAny fanciful, slanderous personal information is likely to lead to the closure of the CLIENT's account and the cancellation of their Order.
The account creation section is accessible directly from the main menu barAt each visit, the CUSTOMER , if he wishes to order or consult his account (status of orders, personal information, etc.), must identify himself using this information.
Article 5Payment
The price of the Products and the costs of logistics preparation and delivery are payable in full by the CUSTOMER at the time of placing the Order.
Website   www.babyontop.com is likely to offer the Customer the possibility of paying for his order by various means of payment of his choice:
  • either by bank card:
    After choosing the method of payment by bank card, the Customer is redirected to the secure interface of the payment system in order to securely enter his personal bank card referencesIf the payment is accepted, the order is recorded and the contract definitively formedPayment by credit card is irrevocable.

  • either by Paypal
  • either through your Amazon account
Article 6Right to retract
In accordance with article L121-21 of the Consumer Code, the Customer has a period of fourteen working days from the date of receipt of their order to exercise their right of withdrawal and thus return the product to the seller for exchange or refund without penalty.
The products must be returned in their original packaging, without having been used, accompanied by the original signed Delivery Note. Return costs are the responsibility of the Customer.
Personalized products cannot be returned, exchanged or reimbursed in fullIf you are not satisfied, contact us to find common ground.
Article 7Delivery
The delivery of the Products will take place, after recording of the payment of the Order, at the delivery address indicated by the CUSTOMER during the placing of the OrderAn email will be sent to the CUSTOMER to inform of the shipment of the ProductsThe CUSTOMER has the option of choosing between different delivery methods.
Shipping costs are calculated according to the delivery method chosen (home, relay point, post office ...), the weight of the package and place of destination.
Delivery times are given for information only, if they exceed thirty days from the order, the sales contract may be terminated and the Customer reimbursed.
Article 8Guarantee
All the products offered by The5K on the site   www.babyontop.com   benefit from the legal guarantee provided for by articles 1641 and following of the Civil CodeIn case of nonconformity of a product sold, it can be returned to the company The5K   who will take it back, exchange it or reimburse itAll complaints, requests for exchange or reimbursement must be made by email to the following address:relations.clients @ babyontop.com , within a maximum of fourteen days after delivery.
Article 9Responsibility
The company The5K has, for all stages of access to the site, the ordering process, delivery, customer service or services later, an obligation of meansThe5K cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular loss of data, intrusion, virus, break in service, and other involuntary problems , or of any fact qualified as force majeure, in accordance with case law.
The computerized registers kept in The5K's information systems under reasonable security conditions will be considered as proof of communication, orders and payments made between The5K and the Customer.
Article 10 - Securing of bank data
The site   www.babyontop.com   is the subject of a security system:the SSL encryption process has been adopted but it has also been strengthened all the scrambling and encryption processes to protect as effectively as possible all sensitive data related to the means of payment.
Article 11 - Intellectual property
All texts, comments, books, illustrations and images reproduced on the site   www.babyontop.com are reserved under copyright as well as intellectual property and for the whole worldAs such and in accordance with the provisions of the intellectual property code, only the use for private use is authorized, subject to different, even more restrictive, provisions of the intellectual property codeAny total or partial reproduction of the site   www.babyontop.com is strictly prohibited whether in the form of a photo, logo, visual or text.
Article 12Personal data
All the data that you entrust on the site   www.babyontop.com   are to be able to process your orders.
Under the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, you have with the seller a right of rectification, consultation or modification and deletion of the data that you we communicatedThis right can also be exercised online.
Article 13. Force majeure
The execution by The5K of all or part of its obligations, in particular of delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the executionAre considered as such, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, strikes of all kinds.   The5K will inform CUSTOMERS of the occurrence of a fortuitous event or force majeure within seven days of its occurrenceIn the event that this suspension continues beyond a period of fifteen days, the CUSTOMER will be able to terminate the order in progress, and the price of the Products ordered and the delivery costs paid will then be reimbursed.
Article 14Applicable laws and competent jurisdictions
The General Conditions of Sale are subject to French lawOnly the French version of these General Conditions of Sale is authenticIn the event of difficulty arising from the Order, delivery of the Products and more generally from the execution of the sale, the CUSTOMER will have the opportunity, before any legal action, to seek an amicable solution, in particular with the assistance from a consumer association or any other council of their choice.
Article 15Customer service
For any information or question on an order, customer service is at your disposal:
  • By phone: +33 (0) 7 56 88 88 36

  • By email: contact@babyontop.com

  • postal address:THE5K, 17 avenue de la duchesse du Maine, 92330 Sceaux, France