Terms of Sales
1. Overview
Please read these terms carefully and ensure that you understand them before ordering any products from our site. Please note that before placing an order you will be asked to agree to these terms. If you refuse to accept these conditions, you will not be able to order products from our site. We encourage you to print a copy of these terms or save them to your computer for future reference.
It is specified that these conditions exclusively govern online sales of the site www.superbe-bebe.com registered with the Versailles RCS under number 847 728 110 , whose head office is located at 1, rue Jules Ladoumègue 78990 ELANCOURT, France . These conditions apply to the exclusion of all other conditions, in particular those in force on other sites or in the stores of our resellers. This site is intended only for consumers wishing to order Superbe Bébé products online. The conditions under which the Products on this Site are offered for sale are set out below.
By checking the “I have read and agree” box on the order form and then submitting the order, you agree to be bound by these terms. Superbe Bébé reserves the right to modify these conditions at any time and without notice. However, the modification will not affect orders placed before the publication of the modified terms on the website.
We invite you to keep these general conditions of sale, in particular by printing them physically.
2. Orders
2.1. To place an order, you must be able to be contacted by telephone and have a valid email address. You must then follow the steps described below:
- Add one or more product(s) available on the site to your basket
- Create or log in to your Superbe Bébé account with your username and password
- Choose a delivery method
- Specify your shipping and billing address or check your details if you already have an account
- Check your order
- Read and accept the terms and conditions
- Choose a payment method and enter your debit or credit card details
- Validate the payment by clicking on the “ORDER” tab.
2.2. When you place an order, Superbe Bébé assigns you a web order number. You will receive an order confirmation by email.
2.3. By placing an order, you agree to purchase the products you have selected. Superbe Bébé strives to provide you with the products mentioned in your order, but it may happen that a product is no longer available after your order has been sent. In this case, Superbe Bébé will try to contact you by email, telephone or post as soon as possible.
2.4. Once you have placed your order, you cannot cancel it. However, you can use your right of withdrawal described in article 6 of these Conditions of Sale, in order to return your products and obtain a refund.
2.5. Please note that the display of colors, designs or products on a screen may differ from the actual appearance or size of the products offered on the Website.
2.6. Images of products on our site are for illustration purposes only. Although we have made every effort to display colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the products. Your products may vary slightly from these images.
2.7. Although we have strived to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements listed on our site have a certain tolerance.
2.8. Product packaging may differ from that shown in the images on our site.
2.9. All products should be used in accordance with the directions for use.
3. Price
3.1. All prices are expressed in euros. The prices applied are those published on the website at the time you place your order. The prices published on the website include VAT and eco-contribution but do not include shipping costs.
3.2. It is not possible to make intra-community or international purchases via the website.
3.3. Shipping costs are, where applicable, your responsibility as indicated on your invoice.
4. Payment for ordered products
4.1. You can pay for the Products ordered using a debit card or a credit card. We accept the following cards:
- Visa
- MasterCard
- American Express
These payments will be made on a secure platform.
4.2. Payments are made in euros.
4.3. If you pay by credit card, you must provide all credit card information when you place an order. Superbe Bébé will not provide you with the products or offer you the services until your bank has authorized payment for the products by credit card. If Superbe Bébé does not obtain this authorization, you will be informed. Superbe Bébé reserves the right to verify the identity of the credit card holder by requesting the appropriate documents.
5. Delivery of products
5.1. Superbe Bébé will deliver the products to the delivery address you indicate in the order form and in accordance with the delivery option you have chosen. If you are ordering multiple products to be delivered to different addresses, you will need to submit a separate order form for each delivery address. Any delivery or shipping date given by Superbe Bébé is an estimate only and Superbe Bébé will not be liable for any loss, damage, costs or expenses relating to failure to deliver in accordance with delivery or shipping dates data. If one of the products ordered is out of stock, this may mean that the entire order is delayed. In this case, an estimate of the delay will be given by e-mail or by post but delivery will in any case be made within thirty (30) days from the date indicated on the order confirmation by Superbe Bébé .
5.2. In the event of late delivery, we will offer you a new delivery date by mail. In any event, in the event that Superbe Bébé does not respect the indicated deadline, or in the absence of a specified deadline, will deliver the product within a period of more than 30 days from receipt of confirmation of order, you have the option to cancel your order by contacting customer service. Superbe Bébé then undertakes to reimburse all amounts paid no later than 14 days after termination of the contract.
If you have received the product after your cancellation, we will reimburse the product, delivery costs and return costs, upon receipt of it by us, complete and in its original condition, at the latest in the 14 days following receipt of the product by Superbe Bébé.
5.3. Title to and risk of loss for your products passes to you upon delivery.
5.4. When delivering the products to the carrier, Superbe Bébé will send you a shipping confirmation by email provided that you have provided an email address on the order form.
Superbe Bébé cannot be held responsible for delays or lack of delivery due exclusively to unavailability of the customer after several appointment proposals by the carrier.
Remember to indicate all the information necessary for delivery of the product to the delivery address entered (building number, staircase, codes, etc.).
5.5 Delivery Estimate.
Our delivery time is estimated at 5 working days. We will send you an email once your purchase has been prepared and left our warehouse.
Superbe Bébé cannot be held responsible for customs clearance delays which may result in storage fees or other costs beyond our control. Superbe Bébé cannot be held responsible if local customs authorities wish to confiscate a particular item or impose import duties. If our shipping agent is unable to contact the recipient to arrange delivery, the card used for the order will be charged for all charges relating to holding the goods.
6. Return policy
6.1. Return conditions
6.1.1. You have the right to return products you have purchased for a period of 14 calendar days from receipt of the product. If the deadline expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
If you purchase several products delivered separately, your right of return will expire 14 days after delivery of the last product purchased.
To exercise your right of return, you must inform Superbe Bébé by any unequivocal means.
We invite you to use your right of return by contacting Superbe Bébé customer service via our contact form. We will send you an acknowledgment once your return request is received.
6.1.2. The products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) allowing their resale in new condition, and accompanied by a copy of the purchase invoice for optimized management. Superbe Bébé reserves the right not to take back products that are incomplete or made unfit for resale as is (due to damage, dirt, alterations, etc.).
You have 14 days from exercising your right to return the Product(s). We invite you to consult the free return procedure described in article 8 of these general conditions of sale.
6.2. Effects of return
If you choose to return the products, Superbe Bébé will refund all payments made, including delivery costs (except for additional costs related to choosing a type of delivery other than standard delivery), within maximum of 14 days from receipt of the products by Superbe Bébé.
The costs of returning the products remain your responsibility.
The refund will be made using the same payment method as that used during your purchase, unless you advise otherwise; in any event, no costs will result from this reimbursement.
7. Non-compliant or defective product
If a Product has been supplied in error, is incomplete or defective, and you wish to obtain a refund, replacement or repair in accordance with clause 8 below, please email via the contact form on website. If the product is replaced or repaired, in accordance with Articles 7.1 and 7.2 below, no transport costs are due.
7.1. LEGAL GUARANTEE OF CONFORMITY
In accordance with articles L217-4 et seq. of the Consumer Code, you benefit from the provisions of the legal guarantee of conformity, valid for 24 months from receipt of the product.
Article L217-4 of the Consumer Code (France)
The seller delivers goods that comply with the contract and responds to any lack of conformity existing at the time of delivery. He also responds to defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 Consumer Code (France)
The property complies with the contract:
- if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-7 Consumer Code (France)
Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
For second-hand goods, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Article L217-8 of the Consumer Code (France)
The buyer has the right to demand that the goods conform to the contract. However, he cannot contest its conformity by invoking a defect which he knew or could not have ignored when he entered into the contract with the seller. The same applies when the defect finds its origin in the materials he himself supplied.
Article L217-9 of the Consumer Code (France)
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not comply with the buyer's choice if this choice results in a clearly disproportionate cost compared to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Article L217-10 Consumer Code (France)
If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
- If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month of the buyer's complaint;
- Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is seeking.
However, the sale cannot be canceled if the lack of conformity is minor.
7.2. GUARANTEE FOR HIDDEN DEFECTS
In application of articles 1641 et seq. of the French civil code, you also benefit from the legal guarantee against hidden defects. Only Products showing a hidden defect may be returned under this guarantee.
In accordance with this article, if you believe that the Product suffers from a hidden defect, you must provide proof. Therefore, you must request an assessment of the Product from an agent.
If the expertise confirms the existence of a hidden defect, the authentic document must be sent to our customer service as soon as possible. Upon receipt of the document, a return agreement number and the procedure to follow to return your Product will be communicated to you by our customer service. The costs of returning your Product are our responsibility. Acceptance of your return will be made after discovery of the defect hidden by our services. Once your return has been accepted by us, your Product will be refunded to you at the purchase price. Subject to hidden defects, the expertise costs that you have incurred may be reimbursed by us upon presentation of the invoice corresponding to these costs.
Article L217-4 of the Consumer Code (France)
The seller delivers a product that complies with the contract and responds to any lack of conformity existing at the time of delivery. He also responds to defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L217-5 Consumer Code (France)
The product complies with the contract:
1. If it is suitable for the usual use of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article 1641 of the French civil code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1642 of the French civil code
The seller is not liable for apparent defects of which the buyer was able to convince himself.
Article 1642-1 French Civil Code
The seller of a building to be constructed cannot be discharged, neither before receipt of the work, nor before the expiration of a period of one month after the purchaser takes possession, of construction defects or defects. of conformity then apparent.
There is no reason to terminate the contract or reduce the price if the seller is required to repair.
Article 1643 of the French civil code
He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee.
Article 1644 of the French civil code
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded.
Article 1645 of the French civil code
If the seller knew of the defects in the item, he is liable, in addition to restitution of the price he received, for all damages to the buyer.
Article 1646 French Civil Code
If the seller is unaware of the defects in the item, he will only be required to return the price and reimburse the buyer for the costs incurred by the sale.
Article 1647 French Civil Code
If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding articles. But accidental loss will be borne by the buyer.
Article 1648 of the French Civil Code
Action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be released from apparent defects or defects in compliance.
7.3. Warranty
7.3.1. During the first two years, your product is covered by the 2-year legal warranty, which applies upon presentation of proof of purchase, without prior registration.
7.3.2. What is covered by the warranty
The warranty applies subject to use in accordance with instructions, electronic or electrical malfunctions and defective parts.
7.3.3. What is not covered by the warranty
The warranty does not cover consumables. It does not cover damage caused by misuse of the equipment, poor maintenance, or breakage, damage resulting from an accident or fall, aesthetic alterations of internal and external surfaces which do not interfere with use. of the product (stains, scratches, scratches, discoloration, screen printing).
The warranty does not cover normal wear and tear, such as normal wear and tear of textiles (regular wear, fading, tears, holes), seams, zippers. The guarantee also excludes loss, theft or any alteration linked to an external event.
As part of this guarantee, Superbe Bébé offers to repair the item or replace the product if the defects are irreparable.
In the event that we are not able to replace the item with the same model, we reserve the right to offer you a similar product and/or with equivalent technical characteristics. If a change of range is necessary, the exchange will be made for a product of equivalent value to the purchase price. Under no circumstances can the warranty authorize you to request reimbursement for the defective product.
Any warranty application request may be subject to a physical inspection of the product.
8. Product return conditions
8.1. To return a Product under the Return Policy and obtain a refund or exchange, in accordance with the conditions of articles 6 above, you must:
- Contact Superbe Bébé customer service by email by going to the site contact form, in order to organize the return of your product.
- Superbe Bébé will send you your return label to slip into the package
- The choice of carrier and costs are your responsibility.
- Once the product has been received by Superbe Bébé, you will be informed and the refund will be confirmed.
8.2. To return a defective product and obtain a refund, exchange or repair, in accordance with the conditions of articles 7 above, you must:
- Contact Superbe Bébé customer service by email by going to the site contact form, in order to organize the return of your product.
- Superbe Bébé will organize the collection of the Product by the carrier of its choice. Transport labels will be given to you. You will then have to agree to collect the package.
- Before submitting a Product, please check that you have:
- obtained and affixed the transport label,
- that the product includes all accessories, warranties provided and other accompanying documentation, unless otherwise stated,
- delivered the Product in its original packaging,
- carefully sealed the package, then packaged in appropriate packaging.
Compliance with this procedure ensures that the products arrive at the correct destination, in good condition and within a reasonable time.
9. Responsibility of Superb Baby
9.1. These conditions describe the extent of our obligations and responsibilities in relation to the supply of the Products (and the provision of support and warranty services) and the provision of any Services.
9.2. Except as described in Section 7 above, there are no warranties, conditions or other terms binding on Superbe Bébé with respect to the supply of the Products or the provision of the Services, except of what is expressly stipulated in the contract.
9.3. Any warranty, condition or other term arising out of or relating to the supply of the products and/or the provision of services, which may be implied into the contract or incorporated into the contract by statute, common law, applicable laws in the country where you purchased the Products or Services or otherwise (including, but not limited to, any implied terms of quality, fitness for purpose, reasonable care and skill) are expressly excluded herein in any the extent permitted by law. In particular, it will not be the responsibility of Superbe Bébé to ensure that the products are suitable for the use you reserve for them and that Superbe Bébé cannot reasonably have envisaged.
9.4. No clause in the contract will limit or exclude our liability in the event of:
- death or injury caused by our negligence
- fraud
- any violation of the obligations implied by the national laws applicable to the property or
- any liability which cannot be excluded by French law.
9.5. SUBJECT TO CLAUSE 9.4 ABOVE, Superbe Bébé SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY LOSS OF INCOME, LOSS OF PROFIT, LOSS OF CONTACTS, LOSS OF DATA OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND. WHETHER IT BE. REGARDLESS OF THE PURCHASE OF A PRODUCT. IN THE CASE OF A PROFESSIONAL PURCHASE, THE EXTENSION OF Superbe Bébé'S LIABILITY UNDER THIS AGREEMENT, WHETHER IN FACT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE AMOUNT YOU ARE LIABLE TO TO PAY TO Superbe Bébé REGARDING THE PRODUCTS AND/OR SERVICES IN QUESTION.
9.6. This does not affect your legal rights as a consumer, nor your right to return products under sections 8 and 9 above.
10. Contact the Superbe Bébé online store
You can contact the Superbe Bébé online store:- using the online form located in the “Contact” section.
- or contact us directly by email contact@superbe-bebe.com
11. Export control
11.1. You acknowledge that transactions carried out by Superbe Bébé may be subject to certain laws and regulations - including United Nations, European or American - relating to export controls which prohibit the export or transit of certain products and certain technologies to certain countries. (the “Export Control”). Any obligation of Superbe Bébé, whatever its nature and scope, linked to the export, re-export or transfer of products or to the provision of assistance services, training, investment, financial assistance, financing or brokerage will necessarily - and in all its aspects - be governed by Export Control and, where applicable, any obtaining of authorization necessary for the supply or delivery across borders of products and technologies by persons under the authority of the Export Control Authority.
11.2. You warrant that, for any product supplied to you, you will comply fully with any export control restrictions or (if applicable) authorizations necessary for the export of that product and its transfer. You accept responsibility for enforcing any export control restrictions imposed by any third party to whom a product is exported or transferred. You will take reasonable steps and actions to ensure that no end user violates export controls. You will indemnify Superbe Bébé for all damages, direct or indirect - whatever their nature -, costs (including legal costs) and other liabilities resulting from an infringement or non-compliance with the provisions of this article 11.
12. Data protection
12.1. You can access the details of your transactions if you are a registered customer. Enter the web order number to check the status of your order and its contents.
12.2. By placing an order, you understand and agree that Superbe Bébé may store, process and use personal data collected on your order form in order to process your order. This personal data will be processed in accordance with Superbe Bébé's privacy policy, which you can consult by clicking on the "Privacy Policy" button located at the bottom of this website. If you wish to access the stored personal data, if you wish to modify it or if you do not wish to receive information from Superbe Bébé, please follow the update procedure described in the Superbe Bébé privacy statement.
13. Disposal
Since November 2006, waste electrical and electronic equipment (WEEE) must no longer be thrown in the trash. All devices operating on mains, battery or accumulator must be cleaned and recycled. To respect this good eco-citizen practice: please drop it off at the recycling center.
14. Circumstances beyond Superbe Bébé’s control
Superbe Bébé will endeavor to fulfill its obligations under its contract. However, Superbe Bébé cannot be held responsible for any delay or failure to comply therewith if this delay or failure results from circumstances beyond its reasonable control. In the event of a delay, Superbe Bébé undertakes to respect its obligations as quickly as possible.
15. General
15.1. Neither Superbe Bébé's failure to perform a condition of the contract, nor your failure, constitutes an abandonment of that condition. Such failure may in no way affect the right to implement the condition at a later date.
15.2. The inapplicability or nullity of a provision of the contract does not affect the applicability and validity of the other provisions.
16. Mediation and jurisdiction in the event of a dispute
16.1. In the event of a dispute or complaint, you must first contact Superbe Bébé to find an amicable solution. Failing this, you can initiate proceedings before the court of your choice on French territory. French law is applicable. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
16.2. You also have the right, in accordance with articles L.151-1 and R.152-1 et seq. of the Consumer Code, to have free recourse to a consumer mediator with a view to resolving a dispute or a claim. However, you must prove that you have previously informed Superbe Bébé, in writing, of your complaint and have attempted to resolve the dispute amicably. Any complaint currently being processed by Superbe Bébé does not allow recourse to mediation.