Commercial Terms

1. INTRODUCTION

The sales offers for the products which are displayed and available on “www.bagtagdesign.com” (hereinafter referred as the “Site“) governed by the current General Sales Conditions (hereinafter referred to as “General Conditions“) are enforced by the Soctec company, SARL with a capital of 190561,27€ (herein after known as “Socatec“), 319 981 783 R.C.S. Paris, headquarters 127 boulevard Pereire, 75017 Paris, phone +33 (0)1.43.80.17.00, intra-community VAT FR90319981783).

These general sales conditions govern the contractual relationships between all Socatec website users, exclusively (hereinafter referred to as “Users“). They are the only existing conditions and replace all others, except prior written or spoken exemptions. The User therefore, declines the use of any contradictory document which would thereby be unenforceable.

Socatec may modify certain provisions of the General Conditions. It is necessary that the User re-read these conditions before every use of the Site. Modifications are effective from the moment they appear on the Site and are not applicable to contractual agreements created before the Site update. Every purchase is subject to the General Sales Conditions in effect on the date on which the order is made.

By validating an order, it is understood that the User has read and accepted the General Conditions without any reservations, before submitting the order.

The user certifies that he/she has the legal age and capacity to enter into a contractual agreement; The User cannot be under guardianship, or trusteeship.

The Site is housed by DreamHost.

The Site is protected by intellectual property rights.

2. PLACING AN ORDER

Socatec gives the User four different purchasing methods:

- via internet on Socatec’s site 24/7, except in the event of force majeure which would make website access impossible, or during a website update.
-via email sent exclusively to the address dedicated to purchase orders: click here.
-via mail accompanied by a form of payment sent to the following address: Socatec 127 boulevard Pereire, 75017 Paris, France
-via fax sent to +33.(0)1.43.80.17.02.

At the time the purchase order is placed, the client must list his/her telephone number, email address, billing and shipping address and method of payment.

The client can purchase products via the website, subject to availability of aforesaid products. Product availability details are given during the order placement.

Socatec confirms the proper reception of an order by sending an email.

The order will only be considered as complete after the expedition of aforesaid email, and after Socatec has billed the appropriate party for the totality of the sum owed.

We advise the User to retain a copy of the confirmation email.

The client will be able to track the evolution of his/her order on the Site, under “my account”, and may contact the Site’s customer relations by dialing +33.(0)1.43.80.17.02, Monday to Friday, 9.30 am to 12.30 pm and 1.30 to 5.30 pm.

Prospective order modifications made by the User will be taken into account only in the event that Socatec has been duly notified by email before the foreseen order shipment date. Socatec will update the order on the closest business day to the modification notification.

3. AVAILABILITY

Our product offers are valid as long as these products are visible on the site, and as long as they are in stock, apart from promotional campaigns as mentioned on the Site.

If a product were to become unavailable after an order was placed by the client, Socatec will inform the User via telephone or email.

In case of temporary or definite unavailability, a request will be automatically generated for the client who can then chose, either another product at an equivalent price point, or a refund by check within 30 days from the out of stock notification sent by Socatec.

4. RIGHT OF RETRACTATION

The User, (physical person) must count seven days (Article L 121-20 of the Consumption Code) from the reception of the product, to exercise his/her right to retraction, via email sent to the following address or by telephone by dialing +33.(0)1.43.80.17.00 during the above listed business hours, without justification of motive, nor penalty.

In case of the exercise of the right to retraction during the aforementioned time period, only the price of the product(s) purchased and the shipping cost will be reimbursed. Return shipping fees are borne by the client.

Reimbursed shipping fees correspond to standard postal service fees (colissimo suivi). If the client has chosen an express transportation mode (Chronopost, TNT or FedEx) Socatec will not be held responsible to refund the difference corresponding to the difference between the standard and express shipping fees.

Returns must be made within seven days of receipt and must include complete products, packaging and paperwork, all in perfect condition. The product should not have been assembled nor used.

Incomplete, damaged, or dirtied (by the User) products will not be accepted.

Returns

should be mailed to:

SOCATEC
Service retours clients
Voie du Testelet Z.A. des Portes
27100 Val de Reuil, France

All returns must be accompanied by a return slip supplied by Socatec. Please contact us at the following address.

All returns must be made via a shipping method which permits tracking and signature confirmation of receipt.

The shipping departure deadline of seven days is that of delivery to the address desired by the client, by the shipping company. The admissible date is the one indicated in the IT system of the shipping company.

The client will be able to choose between a refund, an exchange, and a store credit. Socatec commits to reimbursing the client within 30 days.

5. RESPONSABILITY

Socatec takes the utmost care while describing essential product characteristics online, notably, precise technical descriptions or photographs which illustrate the product, while respecting the best market standards.

Socatec invites the client to contact customer service +33.(0)1.43.80.17.00 in the event the client has questions or seeks advice.

The photographs and text representing the products online are non-binding; As such, Socatec reserves the right to make corrections at any time, and without warning to the product descriptions.

Socatec does not guarantee, and cannot be held responsible for the following:

-all imprecision, inexactitude or omission of information available on the Site
-for all damage resulting from a fraudulent intrusion by a third party, having modified information made available on the Site
-more generally, for all damage, direct or indirect, whatever may be the cause, origin, nature or consequence, as a result of the access to the Site; or the impossibility of access, of the Site use.
-if hypertext links connect to sites other than the Site, Socatec cannot be held responsible if those site’s contents compromise the vigor of legal regulations.

The products offered by Socatec conform vigorously to French legislation and to applicable French norms. It is not the responsibility of Socatec to be engaged in case of legal non-compliance by a country to which the product is to be delivered (ie. in case a product is banned). It is up to the client to check with the local authorities about importation laws pertaining to the product type which the client plans to purchase on the Site.

In case of product purchase for professional use, Socatec takes no responsibility for any damage direct or indirect, operation loss, profit loss, opportunity loss, result from a product purchase on the Site.

6. INTELLECTUAL PROPERTY

All text, illustrations and photographs which constitute the Site, are strictly protected by copyright and intellectual property laws.

Any reproduction or alteration of visual, graphic, or textual elements, in whole or in part, which appear on the Site, is strictly prohibited.

The social denominations, distinctive brands and signs which appear on the Site are protected by trademark law. The reproduction or representation of all or part of the cited signs is strictly forbidden and requires a prerequisite express written authorization from the brand’s title holder.

7. PERSONAL DATA

Personal data concerning the User is indispensable to the placement, tracking and billing of the order as well as to the quality of service which we owe to the client during and after the processing of his or her order.

By registering onto the site, the User agrees to relay valid information to Socatec. The communication of false information goes against the current general conditions.

If at the time of inscription to the Site, the User accepted to receive special offers, Socatec will send them punctually.

Under no circumstances will your information under any form, be passed along, free of charge, or honorary payment to a third party, whatever the aim.

In compliance with the law entitled “Informatique et Libertés” the processing of your personal data is subject to a notification the Comission National de l’Informatique et des Libertés (CNIL). Socatec is authorized to deduct, process and use information concerning the User. This information is subject to computer processing.

Such activity is strictly regulated: the file has been declared to the CNIL under receipt number 1721916.

The User has a right to permanent access and rectification of all the data which concerns him/her, in full compliance with applicable European and French laws (namely article 34 of the law passed on January 6, 1978). The user can at any time request that Socatec discloses his/her personal data which it has on file. The User can at any moment and upon request modify the data. Socatec agrees to reply to the User within 72 hours.

We inform the User that cookies register certain information which is saved to his or her hard drive. The information obtained is used to draft statistics about the Site’s audience. The information gathered will also enable us to offer products to our Site users based on products they’ve selected in the past. The User will be asked by a notification message whether he or she accepts the cookies, which he or she may refuse. The cookies do not contain any confidential information concerning the User.

8. PRICE

The prices of all Socatec products are listed in euro, VAT included (19,60%) as well as the environmental fee (éco participation). The price does not however, include processing or shipping fees. See below.

All VAT rate changes will be reflected automatically by the product price.

For all orders outside of the European Union, please consider that the price listed on the Site is the price without VAT.

Socatec reserves the right to modify its prices at any moment however, the price billed will comply with the price list at the time the client validates his/her product order.

The products remain the property of Socatec until a complete payment has been made. Socatec will not be held responsible for the import duties and applicable in the country of delivery of the goods. Such charges are the responsibility of the client.

9. SHIPPING FEES

The product prices does not include shipping fees.

For shipping within metropolitan France shipping fees are available upon request.

For shipping to countries outside of metropolitan France shipping fees are also available upon request.

If due to product unavailability an order composed of several products was split into several shipments, the User will only pay for a single shipment. The shipping fees for the following shipments will be paid by Socatec, if these multiple shipments are linked to an element proper to Socatec.

If the client wishes to have his or her products shipped to different points he/she will have to create an order with the appropriate shipping address and pay the applicable shipping fees for each address.

The transport times are indicated by the respective transporters. Socatec will under no circumstance be held responsible for a delay in the routing where the only responsibility belongs to the carrier. Socatec will therefore not be held responsible for the payment for damages and interest due to a delay in routing.

10. TERMS OF PAYMENT

The payment must take place during the order placement, cash, without discount.

Socatec accepts the following methods of payment:

-Debit and credit card (Eurocard, Mastercard and visa, strictly.)

Payments made via the Internet are processed by the Crédit Agricole Ile de France’s secured bank website. Your payment information is encrypted by the Crédit Agricole. One can verify whether the site is encrypted by looking at the website URL which will then read https:// and by the apparition of a padlock icon at the bottom left hand side of the navigation screen.

- Checks can be made out to Socatec 127 Blvd. Pereire, 75017 Paris, France.

Socatec only accepts checks issued by banks in France and Monaco.
The client must indicate his/her name and order number on the back of the check.
For payment sums superior to €150,00 the client must send along a front and back copy of their id, as well as a recent justification of domicile.

- For payments via transfer:

Our Bank:

Crédit Agricole
20 avenue Victor Hugo
77170 Brie Comte Robert
France

Our account information for transfers within France (RIB):

18706 00000 14347822000 58
Our account information for transfers outside of France (IBAN):
FR76 1870 6000 0014 3478 2200 058
SWIFT: AGRIFRPP887

Socatec will hold onto the products until a payment in whole has been made by the User. The mere act of making a payment does not constitute nor guarantee an effective payment.

11. TRANFER OF RISK AND DAMAGE DURING TRANSPORT

Transfer of risk occurs from the moment when Socatec hands over the merchandise to the transporter.

Even after the merchandise is under the care of the transporter, if the order has not yet been paid for by the client, it is still considered to be within the possession of Socatec.

The client assumes the risks and perils incurred during transportation.

Each product sent out by Socatec undergoes a technical control and verification before being shipped.

We ask that the client verifies the condition of the product and the packaging upon reception of the package, and to state in writing any damage which may have occurred during transport, in the presence of the delivery person.

Socatec will under no circumstance be held responsible for the consequential damage caused by transportation.

Socatec will assist the User to the best of its ability, in obtaining compensation from the transporter.

Consequently, the client is requested to inform Socatec in writing of any problem of this nature within 24 hours from the written statement drafted on the day of delivery.

12. PROMOTIONAL CODE RULES

Promotional codes are subject to the following conditions:

-Promotional codes are valid only on the Socatec website
-A promotional code can only be used once per person
-Promotional codes are not reimbursable
-Promotional codes cannot be combined
-In order to benefit from the promotional code, one must mention the code at the time the
order is placed, the failure to apply the code will not give rise to an order annulation
-Promotional codes are valid only through the date indicated at the time the code is given.

13. FORCE MAJEURE

Socatec will not be liable for failure to perform if such a failure is due to Acts of God due to strike, war, riot, an act of terrorism, the whole or partial destruction of our quarters, installation, production or stock establishments, disturbance in transportation, supply difficulties, complications at customs of any kind, any other extraordinary event or circumstance beyond the control of Socatec which would prevent or delay Socatec in the execution of its contractual obligations.

14. POWER OF JURISDICTION

The present contract is subject to French law.

In the event a contradiction in interpretation arises between the General Sales Conditions in French and English the French version of the contract will prevail.

In case of litigation, after an attempt to resolve an issue in an amicable manner, where mediation is required, the parties will be subject to French law at the Paris tribunal.

15. WARRANTY

All our products which are sold new benefit from the following:

-the legal conformity warranty
-the hidden defect warranty
-a manufacturer warranty for up to one year protecting the product from manufacturing defects.

Where the User purchases goods which are presented as having defects, he or she relinquishes any recourse against the apparent defect(s) or the type of defect listed under the product details.

The client is responsible for the shipping fees for his or her article(s).

For all product returns, the User must use the Postal Service (or another transporter) or physically return it to the Socatec headquarters after having scheduled an appointment at least 48 hours before coming. Order returns cannot be received by the Socatec headquarters without a prior appointment.

Any manufacturing defect, or malfunction attributable to the manufacturer will be repaired without charge under the warranty period.

Where the defect is duly noted the product will be covered under warranty. Socatec will either repair or exchange the product.

The repaired or replacement product will then be shipped to the address of your choice within 30 days from the confirmed validity of the product’s warranty.

Whatever may be the problem with the product, it is imperative that the defective object be accompanied by a copy of the billing receipt and the return shipping label, which the client can obtain from Socatec.

Please beware that the legal warranty will not cover the repair of damages caused by the client as resulting from poor product manipulation or from an assembly which does not conform to the manufacturer’s specifications, as well as a use harmful to the good upkeep of the product. The warranty does not cover damage resulting from an external factor (ie. accident, shock etc.), and Socatec should not be held liable for this damage.