Terms of Sales

CONDITIONS GÉNÉRALES D'UTILISATION ET DE VENTE POUR LE SITE www.balsa-leather.com


Preamble:
The purpose of these presents is to define the conditions of use of the website https://www.balsa-leather.com (hereinafter the “Site”) and the conditions of sale of products by the company LEASOL (including information are detailed in Article 1 below) for any customer using the Site to place an order (hereinafter individually referred to as the “Customer”).
No tolerance may be interpreted as a waiver of a right. The use of the Site and the placing of an order entail the express and unreserved acceptance of all of these general conditions by the Customer. The Customer therefore confirms having read and understood all of these general conditions before any use of the Site and before any order and undertakes to comply with them.
These General Conditions of Sale are available on the Site before any order and therefore constitute a pre-contractual information document before being accepted.
In accordance with the provisions of Articles 6-III and 19 of Law n ° 2004-575 of June 21, 2004 for Confidence in the digital economy, known as LCEN, users and visitors of the BALSA-LEATHER site are informed of the these legal notices.

The BALSA brand site is accessible at the following address: www.balsa-leather.com (hereinafter "the Site").
Access and use of the Site are subject to these "Legal Notices" detailed below as well as to applicable laws and / or regulations.
Connection, use and access to this Site imply the full and unreserved acceptance of the Internet user of all the provisions of these Legal Notices.

 

I. GENERAL CONDITIONS OF USE OF THE SITE

Article 1. Legal notices

  1. Pursuant to Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is specified in this article the identity of the various stakeholders in the context of its implementation and its follow-up. The Site www.balsa-leather.com is published by the company LEASOL, a limited liability company with a capital of 10,000 euros, registered in the Paris Trade and Companies Register under number 830 309 266 and whose intra-community VAT number is FR14 830 309 266. Head office address: 27 rue Godefroy Cavaignac - 75011 Paris (hereinafter referred to as “LEASOL”). Email address: hola@balsa-leather.com, hereinafter "the Publisher".
    The BALSA brand site is hosted by GO DADDY whose head office is located at the following address: 14455 N Hayden Rd # 219, Scottsdale, AZ 85260, United States, hereinafter the "Host".
    The BALSA-LEATHER site is created and developed by SHOPIFY Inc.
    All Internet users who browse, read, view, buy and use the BALSA-LEATHER site are considered to be users. Hereinafter the “Users”.
    This site is governed by French law.
    The Site reserves the right to modify the content of these legal notices at any time and without notice.
  2. LEASOL can be contacted by email at hola@balsa-leather.com.
  3. The site www.balsa-leather.com is hosted by the company SHOPIFY, whose head office is located at 150, Elgin Street, Suite 800 Ottawa, ON K2P 1L4 CANADA. The Customer can contact the host by telephone at 1-888-746-7439.


Article 2. Presentation of the site and products
  1. The products offered for sale are presented on the Site with photos and descriptions. The photos are not contractual. Indeed, refusing the use of chromium during tanning, the leathers present the irregularities of the animal's skin.
  2. LEASOL cannot be held responsible in the event of error or omission of any of these elements or in the event of modification of said elements by suppliers, publishers or by any third party.
 
Article 3. Access to the Site

  1. Connection and navigation on the Site must comply with these conditions, whatever the technical means of access and the terminals used.
  2. These general conditions apply, as necessary, to any variation or extension of the Site on existing or future social and / or community networks.
  3. LEASOL implements the technical solutions at its disposal to allow access to the Site 24 hours a day, 7 days a week.
  4. For the proper management of the Site, the publisher may at any time:
  • suspend, interrupt or limit access to all or part of the Site, reserve access to the Site or to certain parts of the Site to a specific category of Internet user;
  • delete any information that may disrupt the operation of the Site or constitute a violation of applicable regulations;
  • suspend the Site in order to carry out updates, modifications or generally any action deemed necessary for the proper functioning of the Site.
 
Article 4. Inscription au fichier Client

This site is declared to the Commission Nationale Informatique et Libertés (CNIL) under the number 2078034v0.
The user provides this information with full knowledge of the facts, in particular when he enters it himself.
In addition, it complies with the provisions of Law 78-17 of January 6, 1978 relating to information technology, files and freedoms. By virtue of this, the User benefits in particular from a right of opposition (art. 32 and 38), of access (art. 38 and 39) and of rectification (art. 40) of the data concerning him.
To make use of it, the User must contact the Publisher by contacting him at the following e-mail address: hola@balsa-leather.com or by mail to the Publisher's head office specifying his name, first name, address and e-mail address.

  1. The legally capable natural or legal persons will be required to complete and validate a registration form available online on the Site for any order or purchase made.
  2. When registering, the Customer undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The Customer must also carry out a regular verification of the data concerning him in order to maintain its accuracy.
  3. The Customer must therefore provide a valid e-mail address, on which the Site will send a confirmation of his registration. An e-mail address cannot be used more than once to register on the Site.
  4. Any communication made by LEASOL and its partners to said e-mail address is therefore deemed to have been received and read by the Customer. The latter therefore undertakes to regularly consult the messages received on this e-mail address and to respond within a reasonable time if necessary. LEASOL is not responsible for its e-mails arriving as spam.
  5. The Client's account is strictly personal and non-transferable. Only one account can be created per Client.
  6. The username and password can be changed online by the Customer in the "My Account" interface. The password is personal and confidential, the Customer thus undertakes not to communicate it to third parties.
  7. LEASOL reserves the right to refuse a request for registration on the Site in the event of violation of the provisions of these general conditions by the Customer.
 
Article 5. Intellectual property

  1. The Site map but also the texts, graphics, images, photographs, sounds, videos and computer applications that compose it are the property of LEASOL and are protected as such by the laws in force under intellectual property.
  2. Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and offers offered on the Site, by any means whatsoever, without the prior express written authorization of LEASOL, is strictly prohibited and would be liable to constitute an infringement within the meaning of the Intellectual Property Code, with the exception of elements expressly designated as free of rights on the Site.
  3. Access to the Site does not constitute recognition of a right and, in general, does not confer any intellectual property rights relating to any element of the site.
  4. The Customer is prohibited from entering data on the Site which would modify or which would be likely to modify its content or appearance.
 
Article 6. Cookies policy

The BALSA brand site may use "cookie" techniques allowing it to process statistics and traffic information, to facilitate navigation and to improve the service for the convenience of the User.
 
Article 5. Intellectual property and infringement
The BALSA brand is a registered trademark.

The Site Editor is the sole owner of the distribution rights for the BALSA brand and holds the rights to use all the elements accessible on the site, in particular the texts, images, graphics, logo, icons, sounds, software, etc. Any reproduction , representation, modification, publication, total or partial adaptation of the elements of the site, whatever the means or the process used, is prohibited. Any unauthorized use of the site or any of these elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of Articles L.335-2 and following of the Intellectual Property Code.

 

II. TERMS OF SALES

 
Article 6. Purpose
 
  1. These general conditions of sale (hereinafter "GTC") define the rights and contractual obligations of the seller, LEASOL, and of the Customer within the framework of the sale of the products offered on the Site.
The GTC exclusively govern the relationship between LEASOL and the Customer and express all the obligations of the parties.
 
Article 7. Online store
 
  1. Through the Site, LEASOL provides the Customer with an online store detailing the products sold, without the photographs having any contractual value.
  2. The products are offered within the limits of available stocks.
The prices of the products are specified on the online store.
 
Article 8. Product prices
 
  1. The prices are indicated in euros (all taxes included) and do not take into account the delivery costs, which are invoiced in addition. The delivery costs are indicated before validation of the order by the Customer.
  2. LEASOL reserves the right to modify its prices at any time by publishing them online. Only the prices in force indicated at the time of the order will apply, subject to availability of the products on that date.
  3. The total amount of the order, all taxes included and delivery costs included, is indicated before final validation by the Customer.
 
Article 9. Online ordering
 
  1. The Customer has the possibility of completing an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products.
  2. The Customer must accept these GTC by clicking on the place indicated for his order to be validated.
  3. The Customer must provide a valid delivery address for the organization of the delivery. The Customer must also choose the delivery method and validate the payment method.
  4. The Customer must provide an e-mail address, and / or a telephone number, and / or agree to be in contact via the Facebook Messenger instant messaging application and acknowledges that any exchange with LEASOL may take place by means of any or all of these media.
LEASOL reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.
 
Article 10. Confirmation and payment of the order
 
  1. Any order placed by the Customer implies a payment obligation on the part of the Customer.
  2. Payment of the order: the Customer makes the payment at the time of the final validation of the order by specifying his credit card number or through his PayPal or Amazon Pay payment account.
  3. Payment of the order in 2 installments free of charge: the option of payment in 2 installments free of charge does not generate additional costs payable by the customer. This payment in 2 installments free of charge can be made thanks to the Alma solution.
  4. The Customer guarantees to LEASOL that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due under the order.
  5. Any dispute not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release LEASOL from all liability.
    In the event of refusal of authorization of payment by bank card on the part of accredited bodies or in the event of non-payment, LEASOL reserves the right to suspend or cancel the order and its delivery.
    LEASOL also reserves the right to refuse an order from a Customer who has not fully paid a previous order or with whom a payment dispute is in progress.
  6. Upon receipt of the validation of the purchase and of the payment by the Customer, LEASOL transmits to the latter, on the e-mail address and / or on the specified media (s), the confirmation of receipt of the order form. .
    For any question relating to the follow-up of an order, the Customer may contact customer service using the information indicated in the "Contact" article.
 
Article 11. Invoicing

LEASOL will send an invoice to the Customer upon delivery.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service before delivery.
 
Article 12. Unavailability of products and reimbursement

In the event of unavailability of an ordered product, the Customer will be informed by e-mail. The Customer will have the possibility to modify his order or to cancel it. In the latter case, it will be refunded within fourteen (14) days of its cancellation request.

Article 13. Proof of the transaction
 
Communications, orders and payments made between the Customer and LEASOL can be proven through computerized registers, kept in LEASOL's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
 
Article 14. Delivery
 
  1. Delivery is only made after payment has been confirmed by LEASOL's banking organization. The products are delivered to the address indicated by the Customer on the online form serving as an order form, the Customer having to ensure its accuracy. Any package returned to LEASOL due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
  2. The Customer will be notified by e-mail and / or by SMS, and / or by the instant messaging application Messenger of Facebook, according to the Customer's request, of the shipment of his parcel and will receive a tracking number of his order in order to be informed of the good routing of the goods.
  3. Except in cases of force majeure, standard delivery takes place, depending on the method chosen by the Customer, within six (6) to eight (8) days following the ordering by the Customer. This deadline will be specified for each order.
  4. Delivery is made by Colissimo. The standard service is provided at a Colissimo relay point in France.
  5. Delivery delays: in the event of delivery delay, LEASOL will inform the Customer thereof by means of a message sent to his e-mail address and / or by SMS, and / or by the instant messaging application Messenger of Facebook. In this case, the Customer may terminate the contract and will be reimbursed for the delivery costs (if these costs have not been offered by LEASOL) within fourteen (14) days of such termination.
  6. Checking on delivery: if at the time of delivery, the original packaging is damaged, torn or opened, the Customer must then check the condition of the products. If they have been damaged, the buyer must absolutely refuse the package and note a reservation on the delivery slip. In general, the Customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery. The verification of the products is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
    The Customer must inform LEASOL of any reservations that he noted on the delivery note using the information indicated in the "Contact" article. The Customer must make his complaint to LEASOL on the same day of delivery or at the latest on the first working day following delivery.
    We invite you to take note of our formalities for deliveries and returns here.
 
Article 15. Product guarantees
 
  1. LEASOL guarantees the conformity of the products with the contract. The Customer may make a request under the legal guarantee of conformity, in accordance with the provisions of Articles L. 217-4 et seq. Of the Consumer Code, or under the guarantee against hidden defects of the item sold within the meaning of Articles 1641 and following of the Civil Code. The Customer is informed that LEASOL is not the producer of the products presented within the meaning of the legislation relating to liability for defective products. The invoice serves as proof of purchase and proof of warranty entitlement.
    When the Customer acts as a legal guarantee of conformity:
  • he has a period of two years from the delivery of the good to act;
  • he can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
  • he is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
 
The Customer may decide to implement the guarantee against hidden defects within the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between the resolution of the sale or a reduction of the sale price (article 1644 of the civil code).

  1. The Customer is specifically informed of the existence of the legal provisions reproduced below.

Article L217-4 of the Consumer Code
The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code
To comply with the contract, the good must be fit for the use usually expected of a similar good and, where applicable:
  • correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model,
  • present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling,
  • or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Article L217-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article L217-16 of the Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of 'at least seven days is added to the duration of the guarantee which remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the 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 so much that the buyer has not acquired it, or has not acquired it. would have given a lower price, if he had known them.

Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

3. The warranty claim is determined upon receipt and after examination of the product. If it is established that there is no defect, no legal warranty can apply.
 
Article 16. Product maintenance
 
Product care advice is listed on the product labeling.
 
Article 17. Legal right of withdrawal and return of the product(s)
 
1. The Customer may exercise his legal right of withdrawal under the conditions defined below.
Information concerning the exercise of the right of withdrawal:
You have the right to withdraw from this contract without giving any reason within fourteen days.
The withdrawal period expires fourteen days after the day of receipt of the product.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous declaration.
LEASOL can be contacted by email at: hola@balsa-leather.com.
For the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
 
In the event of your withdrawal from this contract, we will reimburse you upon receipt of the returned products, all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) without undue delay and, in any event, no later than fourteen days from the day we are informed of your decision to withdraw of this contract. We will process the refund using the same payment method you used for the initial transaction.
You must return or return the goods to us without undue delay and, in any event, no later than fourteen days after you have communicated your decision to withdraw from this contract to us. This period is deemed to have been met if you return the goods before the expiry of the fourteen day period.
Your responsibility is only engaged with regard to the depreciation of the good resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this good.
It is specified that, in accordance with the rules of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
  • the provision of services fully performed before the end of the withdrawal period and whose performance has begun after the express prior consent of the consumer and express waiver of his right of withdrawal;
  • supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
  • supply of goods made to the consumer's specifications or clearly personalized;
  • supply of goods liable to deteriorate or expire rapidly;
  • supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • supply of goods which, after having been delivered and by their nature, are inseparably mixed with other articles;
  • the supply of alcoholic beverages the delivery of which is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
    maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
  • supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;
    concluded at a public auction;
  • provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or period;
  • for the supply of digital content not supplied on a tangible medium, the execution of which has begun after the express prior consent of the consumer and express waiver of his right of withdrawal.
It should be noted in particular that in the case of embroidered or personalized items, given the uniqueness of the item, it may not be subject to the Customer's right of withdrawal.

2. Any product return must take place within fourteen (14) days from the Customer's decision to exercise his right of withdrawal or from the confirmation by LEASOL of his agreement for any other product return. Any product to be exchanged or reimbursed must be returned to LEASOL as a whole and in its original packaging. Return costs are the responsibility of the Customer.
 

III. PROVISIONS COMMON TO THE GENERAL CONDITIONS OF SALE AND USE

 
Article 18. Entry into force - Duration - Termination / Unsubscription
 
The regularly registered Customer may at any time request the termination of the contract and his unsubscription from the Site by going to the dedicated page on his account. Any unsubscription from the Site will be effective immediately after the Customer has completed the form provided for this purpose.
 
Article 19. Responsibilities
 
  1. Although LEASOL takes all precautions to ensure that the products are described accurately using the photos available on the Site, some details (such as color, prints or texture) may vary depending on the resolution of Customer's screen and thus differ slightly from the product received. LEASOL cannot be held liable for this fact.
  2. It is expressly agreed that the responsibility of LEASOL can not be accepted due in particular to:
    technical, IT or compatibility problems or failures of the Site with any hardware or software belonging to the Customer whatsoever;
    intrinsic Internet flaws, in particular those relating to the unreliability and lack of security of the information circulating therein;
    illicit activities which would be carried out against its will on the Site.
  3. It is expressly agreed that the Customer is solely responsible:
  • the protection of its equipment and data;
  • the use he makes of the Site;
  • compliance with these general conditions.
 
Article 21. Hypertext links and Cookies
 
  1. The Site may contain hypertext links directing the Customer to other websites over which LEASOL does not exercise control. Despite the prior and regular checks carried out by LEASOL, the latter declines all responsibility for the content that may be found on these sites.
  2. As part of the use of the Site, “cookies” (tracers placed and / or read on the Customer's computer equipment) may be used to generate statistics and information on traffic, to facilitate navigation and improve LEASOL's offers for the convenience of the Customer. The latter may oppose the registration of these "cookies" by configuring its browser software or by sending a request to LEASOL. The Customer is informed that the continuation of the navigation on the Site without explicit refusal of the implementation of cookies constitutes acceptance on his part.
     
    Article 22. Acceptance and modification of the general conditions
     
    1. Placing an order on the Site is subject to acceptance and compliance with these general conditions.
    2. These general conditions can be viewed online at www.balsa-leather.com. They are likely to be modified without any other formality than posting a new modified version online.
     
    Article 23. Applicable law and competent courts
     
    1. These general conditions are subject to French law.
    2. In the event of a dispute or complaint, the Customer will first contact LEASOL to obtain an amicable solution.
 
Article 21. Hypertext links and Cookies
 
  1. The Site may contain hypertext links directing the Customer to other websites over which LEASOL does not exercise control. Despite the prior and regular checks carried out by LEASOL, the latter declines all responsibility for the content that may be found on these sites.
As part of the use of the Site, “cookies” (tracers placed and / or read on the Customer's computer equipment) may be used to generate statistics and information on traffic, to facilitate navigation and improve LEASOL's offers for the convenience of the Customer. The latter may oppose the registration of these "cookies" by configuring its browser software or by sending a request to LEASOL. The Customer is informed that the continuation of the navigation on the Site without explicit refusal of the implementation of cookies constitutes acceptance on his part.
 
Article 22. Acceptance and modification of the general conditions
 
  1. Placing an order on the Site is subject to acceptance and compliance with these general conditions.
These general conditions can be viewed online at www.balsa-leather.com. They are likely to be modified without any other formality than posting a new modified version online.
 
Article 23. Applicable law and competent courts
 
  1. These general conditions are subject to French law.
  2. In the event of a dispute or complaint, the Customer will first contact LEASOL to obtain an amicable solution.
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