TERMS & CONDITIONS
The following Terms and Conditions are intended to govern the contractual relations between Balibart (“Balibart My Shop”, “we” or “our”) and any member or user (“Member”, “Members”, “You” or “Your”) of the www.the-shop.co website (“The website”) on which is operated Balibart My Shop. Balibart My Shop is a service allowing members to commercially exploit their designs, Creations and visuals on different products (the “Service”, “Services”) through a virtual store dedicated to members or/and the balibart.com website. Please read with great care our Legal Notice that you can find at the following address www.the-shop.co/en/content/2-mentions-legales and are part by quotation of these Terms.
Virtual store: online sales area managed by the Member
Customer: any adult person wishing to make an order on the website
Terms and Conditions: this document
Contract: this act including the foreword and the Legal Notice referenced in the Terms and Conditions
Member: user of the website and the service, signed-up
Product: property listed for sale on the Website
User: any person accessing directly or indirectly the website, expressly accepting these Terms and Conditions and taking note of the Legal Notice
Service: the service set up on the website allows members to commercially exploit the Products
Website: the website www.the-shop.co
ACCEPTANCE OF THE TERMS AND CONDITIONS
The reading and acceptance, unreservedly, of the following Terms are mandatory and condition the navigation on the Website and its use.
You acknowledge and accept, by entering the website or using this website or services or by selling or by buying artwork on or through this website or services or through the publication of content on this website, you indicate that you have read, understood and accepted to be bound to these terms and conditions, that you are registered or not signed up on our website. if you don’t accept this terms, then you have to give up the access and the use of the website and its services.
If you accept these Terms on the behalf of a private company or any other legal entities, you guarantee you have the authority to represent and bound this company or legal entity to these Terms and, in such a case, “you” or “your” refer to the company or legal entity.
Balibart reserves the right, in its sole discretion, to modify or interrupt, temporally or permanently, the Website or Services or to modify these Terms at any time without prior warning and without engaging its responsibility. If we modify these Terms, we will publish them on the Website or we will notify you by email. We will also update the “Last Modification”. By continuing to use the Website and its Services after the publication of these modifications, you indicate that you accept to be bound to these Terms. If you do not accept these Terms as modified, your only recourse is to stop using the Website and Services.
ACCESS TO THE WEBSITE
The internet Website is accessible through the following address: www.the-shop.co.
The Website and Services are strictly reserved to person aged of 18 years old or more. Any access or use of the Website or Services by a person who are not yet 18 years old is strictly prohibited. By entering or using the Website and the Services you guarantee you are 18 years old or more.
CREATION OF AN ACCOUNT ON BALIBART MY SHOP
In order to create a member shop on the Website or to buy a product using the Website, first you have to create an account (“Account”) by completing the online registration. During the creation process, you will be asked to create a username, a password and provide certain information. At the end of the account creation process you will become a “Member” and will be able to use the Services and sell or buy products available on the Website. You agree to provide true, accurate, correct and complete information during the registration process, and to update this information so they remain true, accurate, correct and complete. Balibart reserves the right to suspend or terminate your Account if the information provided during the registration process or later turn out to be false, inaccurate, incorrect or incomplete. You are responsible for the confidentiality of your password. You agree not to give or show your password to a third party and to take full responsibility of any activities or actions that occur on your Account, whether you have authorised or not such activities or actions. You will immediately communicate to Balibart any fraudulent use of your account. In case of serious breach by a Member or dispute with the this one, Balibart reserves the right to suspend or terminate their Account, without further notice or official notification, and therefore reserves the right to cancel or refuse any order placed by that Member.
The account termination will be effected without prejudice to all the damages and interests which could be claimed by the Company as compensation for the damages suffered due to such a breach.
The Member is notified by email of the confirmation of the termination of their account.
INTELLECTUAL PROPERTY RIGHT
All the elements of the contained in Website, whether visual or audio, including the underlying technologies, are protected by the intellectual property rights. These elements are the exclusive property of Balibart, owner of the intellectual property rights.
Any reproduction, representation, publication, adaptation, translation and/or transformation total or partial of any elements of the Website, whatever are the means or the used process, are strictly forbidden, except written authorisation prerequisite by Balibart.
The non-observance of this prohibition constitutes an act of counterfeit which can engage the civil and/or legal liability for its author on the basis of Article L.335-2 and the following ones from the Intellectual Property Code.
The printing of these Terms is only authorised under strictly personal and private use. It is forbidden to copy, reproduce, transmit or exploit them in any way.
COPYRIGHTS ON CREATIONS, DESIGNS AND VISUALS OF THE MEMBER
The Member, having taken the initiative of the Creation, remains the copyrights owner of their Creations, in accordance to the French Law. The rights of reproduction, representation and commercialisation of the Creations presented on Balibart and on the online shops of the member belong to their creators and Balibart. You must have permission from both parties for all exploitation of copyrights. The rights of the customers regarding the products and artworks bought are limited to the rights of private use, excluding any right of representation, reproduction and commercialisation.
THE SERVICE OF MEMBER SHOP
A Member can decide to create member shop to commercialise their designs, creations and visuals on products. The Member can then edit products from designs and creations that belong to them and begin to commercialise them on their member shop. Balibart My Shop is a service available to members to produce and edit these products when occur a transaction from a third party – Customer– on the member shop or/and on Balibart.com.
The Website is reserved for the sale of Products and more specifically to the sale of artistic Creations. The Website does not allow the sale of services.
The Member is free to create, modify and delete their Shop at any time. The Member can freely add, withdraw, modify the products on their shops as they see fit. The creation of a shop is free.
CONTRACTUAL RELATIONSHIP WITH THE MEMBER
These Terms and Conditions constitute a legal agreement between the Member and Balibart but in no way a partnership, a joint venture, a salaried relationship, or a franchisor / franchisee relationship or an agency relationship.
The Member agrees to provide to Balibart the correct, accurate and complete information needed to the online publication of the Creations: High Definition digital image of each creation, title of each product, date of creation, explanatory paragraph of each product, significant color and any other information needed for the use of the filters used on the Website.
The member agrees to send to Balibart the proofs of VAT declarations and income tax return once a year without solicitation from Balibart.
Balibart is not responsible for the sales declines, loss of chance or loss of business opportunities even though indirect damages resulting from the implementation of the website Services.
The Website is referenced through hypertext links on other websites. Balibart has no control over the content of these websites and its responsibility cannot be engaged for the content of these websites if they contravene the laws and regulations in force.
Balibart is trying to provide the best and most accurate information and updates on its Website. Balibart reserves the right to correct and / or change at any time and without notice the content of its website. Balibart cannot guarantee the accuracy of the content of the Website.
Balibart disclaims all liability in case of force majeure or unforeseeable circumstances that do not allow it to proper perform the current contract.
Members acknowledge and agree that they are fully responsible for the creations and products that they post on the Website, the Services and their member shops. Thus, they ensure: (i) the creations that they post were created by themselves and they are the sole creators of their creations or that they have the rights or licenses necessary to guarantee Balibart exhibition rights, broadcasting rights, reproduction rights and sale rights of their creations under the conditions listed in this Contract; (ii) none of the creations that are posted online through the Website or Services or that Balibart uses or exploits on the terms of this Contract shall not violate, infringe or violate the Intellectual Property Rights, the Public Law or the Private Law of a third party or all the resulting from a violation of a rule or a law or regulation.
Balibart does not tolerate the fraudulent use of creations by Members and has the right to automatically close the Members' shops and has the right to take legal actions against Members.
Members agree to indemnify Balibart for any damages, claims or lawsuits resulting directly or indirectly from their Content or their use of the Service.
Members are solely responsible for their use of the Website. In order to publicly promote Balibart, the Website and the Services, Members authorize Balibart, its commercial members and its various promotional channels to use, crop, resize, copy, distribute, publicly promote, transmit and share copies of the creations and products in any form, medium or technology known today or developed later.
A third person - the Customer - can buy the products referenced on the Website and / or the members’ shops.
Customers agree to use the service “as-is”. They agree not to use false information or information from third parties.
Prices are presented in euros, all taxes included, for mainland France. The amount of VAT is indicated during the payment by the Customers.
The indicated prices do not include shipping costs required for delivery of orders unless explicitly stated otherwise. These costs are charged extra and are subject to a prior express indication to the final validation of the order. Shipping costs are subject to VAT at the prevailing rate.
The products are billed based on the price displayed on the website when the order is placed.
If the VAT rate is changed, those changes will be reflected on the price of the products without the customer being notified. Balibart reserves the right to modify these prices at any time but the products are invoiced at the prices prevailing when the order is placed.
If customers place an order from another country than France, this country is considered the importer of the products. So the customers agree to be solely responsible for the settlement of any customs duties, local taxes, import duties or any other taxes resulting from this import.
THE SERVICE’S FEES
Balibart My Shop is a service offered to members to easily market their creations as products. The Members freely decide for each product they post the amount of income they want to get from its sale.
At each order:
- Balibart bills a production cost which changes depending on the product type.
- Members freely set the amount they want to receive per transaction for a product.
- The Customer orders a member’s product on this member’s shop or on balibart.com.
- The total amount of the sale is shared between the member’s electronic wallet and Balibart’s electronic wallet created by the payment service provider Mango Pays.
- Balibart automatically collects the amount of the production cost of the products purchased by the Customer
- The Member automatically receives on its electronic wallet Mango Pay the amount of income set for the sale of these products.
The Members may request at any time the payment of their available balance from their electronic Wallet Mango Pay. This balance has to be paid within fourteen (14) business days, to a maximum of twice a month and from a minimum amount of 25 euros.
If the Members close their shops and unsubscribe, Balibart has the right to process the orders placed by the Customers before the Members closed their shops. Balibart agrees to pay to the Members their account balance within forty five (45) days from the closure of their shops, even if the balance is lower than 25 euros.
Balibart My Shop is an online print-to-order service. The service allows Members to edit their designs, creations and visuals on various products such as t-shirt, sweatshirt, poster, or other products that can be edited with a design.
The Website does not allow the Members to commercialise services.
You understand and agree that Balibart makes every effort possible and strives to respect the colors of your designs, creations and visuals on its Website and Services. However, computer monitors can alter or change colors, Balibart is not responsible for the accuracy of the colors of the Products posted on the Website, the Services and other digital media.
Balibart has the right to refuse to deliver or to process an order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is currently being administered. If a sale is cancelled Balibart has the right to cancel any sales of products made through the Website or the Services if Balibart determines, in its sole discretion, that the artwork has not been sold at its fair price, or that the product is no longer available at the prices indicated on the Website or the Services. If Balibart cancels a sale made via the Website or Services, Balibart send a cancellation confirmation e-mail to the customer and the customer will not be charged for the purchase.
THE SECURITY OF THE PAYMENT
In order to ensure the security of the payments, the website uses the secured payment service provider MangoPay. We use SSL security standard.
The confidential data are directly transmitted in encrypted form to the bank's server without passing through the physical server of Balibart. The payment service provider delivers an electronic certificate that proves the amount and the date of the transaction in accordance with the provisions of the Articles 1316 and the Code Civil.
Shipping is available everywhere in the world.
Products are shipped with a purchase order. Customers are responsible for the receipt of items during working days. Customers have the choice between different delivery options: Colissimo, DHL, Delivengo, Follow-up letter, or express delivery for certain geographic areas. Upon receipt of the order, Customers must verify the apparent condition of the package and delivered items. If Customers do not personally receive the package, they should ask the person in charge to receive the package to check it. In case of anomaly regarding the order (product missing, broken, defective, damaged or opened package ...), Customers shall deliver their package to the carrier by specifying the problem. The problem must be specified to the customer service of Balibart and the carrier within 48 hours of receipt. The delivery order should not be signed if the order is damaged. No claim will be admissible if the delivery order is signed without reservation. Balibart is committed to make every effort possible to deliver the ordered products within the time specified on each product description. However, the time shown on the website are indicative and may vary depending on the hazards of supply, logistics and other facts non-attributable to Balibart, that is to say, in case of force majeure or unforeseeable circumstances. In these cases, the delivery time will be extended accordingly. Are considered as force majeure: strikes, closures, administrative interventions, the shortage of energy and raw materials, obstacles caused by fire, water, damages to machinery, lightning and all other hazards that cannot be foreseen by Balibart and for which the company cannot be held responsible. Such obstacles will be immediately communicated to the customers by Balibart. The maximum delivery time for the products commercialise on Balibart is 12 months. The respect of the delivery times depends on the carrier. Therefore, no request for compensation claim, of any kind, can be claimed by the customers to Balibart.
RIGHT OF WITHDRAWAL
In accordance with the articles L.221-18 and the Code of consumption, Customers have a withdrawal period of fourteen (14) clear days from the date of receipt or withdrawal of the product or products to exercise their right of withdrawal and notify Balibart their intention to return the product or products, without justifications nor penalties (with the exception of the return and shipment costs).
If the conditions laid down in this Article have been met, Customers may obtain a refund, including shipping fees. This will be done by the same means of payment used by the Customers, within fourteen (14) clear days following the use of the right of withdrawal by the customers. This deadline may be extended by Balibart until receipt of the product returned or until receipt of evidence of shipment of the product or products. The refund will be made by the same means of payment used by the Customers. Balibart agrees to refund the production cost to the Customers, and the Members agree to refund the amount of income set to the customers.
Failing to meet the deadlines referred in this article, and the Customers will not be refunded.
Only the products returned in perfect condition for resale in their original condition will be accepted. Thus, the returns of damaged products or deteriorated packaging will be refused.
Returned products must be accompanied by the order number.
For any information or question, our custumer service can be contacted by mail at Balibart – 35, Impasse des Cherchevets à Suresnes (92150) or by email at firstname.lastname@example.org
All the items offered by Balibart are subject to the legal warranty provided by Articles 1641 of the Code Civil (on the warranty against hidden defects) and also meet the legal warranty of conformity provided by articles L.217-4 -and L217- 14 of the consumer code.
The warranty provided by the texts mentioned above will not apply for the products that have been modified, repaired, integrated or added by Customers. The guarantee will not work for apparent defects or for the products returned damaged during transport or due to misuse.
The Customer has a 48 hours period from the delivery date to make any claims for non-compliance or apparent defect of the items delivered, by phone, by e-mail via the contact form; or by registered mail with return receipt to the following address: Balibart, 35 Impasse des Cherchevets, 92150 Suresnes.
After this period and failing to comply with this formality, the items will be deemed compliant and free from defect and no claim will be validly accepted by Balibart.
If the apparent defect or the lack of conformity of the item is confirmed, Balibart agrees to proceed with the replacement of the item at its expense or refund the Customers as soon as possible. In case of refund, it will occur within a maximum of 30 days. The refund will be made via the same means of payment used by the Customers.
Balibart cannot be held responsible for misuse and / or intensive use of items by the customers.
Balibart reserves the right to transfer to the company of its choice all or parts of its rights operating between the Members and Balibart under these Terms.
As part of the registration on the Website and the use of the service, Balibart reserves the right to collect personal data. They are required to process and manage the Customers’ orders, as well as trade relations between Balibart, the Customers and the Members. They can send them to companies and subcontractors working with Balibart in order to process the orders and services offered.
In accordance with the law, Balibart is declared to the CNIL under the number 1751925.
The data collected on the website are processed in accordance with the French Law.
In accordance to the law n°78-17 of 06 January 1978, any user or customer of the website enjoy access, rectification, modification and suppression rights regarding their personal data. Customers can refuse to give the data mentioned above. All requests regarding this article must be sent by email at email@example.com
The Balibart Website uses Facebook social network plug-in, operated by Facebook inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook” below). When the customer visits a Balibart website page containing such a plug-in, the browser establishes a direct connection with the Facebook servers.
Facebook is informed that the Customers and / or the Members browser have accessed the corresponding page of the Balibart Website, including if the Customers and / or the Members do not have a Facebook user account, or if they are logged out from their Facebook account.
This information is directly transmitted by the Customers and / or the Members browser to a Facebook server located in the USA and is saved there.
If the customers are logged into Facebook when browsing the Balibart website, Facebook will directly connect their visit to their Facebook account. If the customers interact with the plug-ins, e.g. by clicking on "Like" or posting a comment, the corresponding information will be transmitted and saved on a Facebook server. They will be published on the Facebook account of the Customers.
We are using different cookies on the Website to improve the interactivity of the Website and the Services.
These Terms and Conditions are subject to French Law. The language of this contract is the French language. In the event of a dispute, the Members and the Customers should first contact Balibart to obtain an amicable solution. If they do not, jurisdiction shall fall to the Tribunal de Commerce of Paris, the only competent court. If any provision of this Agreement is found to be invalid or unenforceable, it will not affect the validity of the other conditions of the agreement and thus the validity of the entire agreement. The provision struck down will be replaced by a new provision, which will be valid. The same procedure applies to any contract loopholes.