TERMS AND CONDITIONS OF SALE
Article 1 – Entire Agreement
These terms and conditions set out the entire obligations of the parties. As such, the buyer is deemed to accept them without reservation.
These terms and conditions of sale apply to the exclusion of all other terms, in particular those applicable to in-store sales or sales through other distribution and marketing channels.
They are available on the website labashop.com and shall, where applicable, prevail over any other version or any contradictory document.
The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to amend these terms and conditions from time to time. They shall apply as soon as they are published online.
If any sales condition is missing, it shall be deemed to be governed by the practices in force in the distance selling sector for companies whose registered office is in France.
These terms and conditions of sale are valid from May 2, 2025.
Article 2 – Purpose
These terms and conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer via the website labashop.com.
These terms and conditions apply only to purchases made by buyers located in France and delivered exclusively within mainland France. For any delivery outside France, please contact: contact@labaapp.fr.
Article 3 – Pre-contractual Information
3.1
The buyer acknowledges that, prior to placing the order and entering into the contract, they have received, in a clear and understandable manner, these terms and conditions of sale and all the information listed in Article L. 121-17 of the French Consumer Code.
3.2
The buyer is provided, in a clear and understandable manner, with the following information:
– the essential characteristics of the goods or services;
– the price of the goods or services;
– where the contract is not performed immediately, the date or time period within which the seller undertakes to deliver the goods or perform the service;
– information relating to the identity of the seller, their postal, telephone and electronic contact details, their activities, statutory warranties, the functionalities of digital content and, where applicable, its interoperability, as well as the existence and terms of implementation of warranties and other contractual conditions.
3.3
The seller provides the buyer with the following information:
– their name or company name, the geographical address of their establishment and, if different, that of their registered office, their telephone number and email address;
– the payment, delivery and performance terms of the contract, as well as the procedures for handling complaints;
– in the event of a sale, the existence and terms of exercise of the statutory warranty of conformity (Articles L. 211-1 et seq. of the French Consumer Code), the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), and, where applicable, the commercial warranty and after-sales service;
– the duration of the contract where it is concluded for a fixed term, or the conditions for its termination where it is concluded for an indefinite term.
3.4
The seller indicates, with regard to digital content, any relevant interoperability of that content with certain hardware or software of which the seller has or should reasonably have knowledge.
Article 4 – Orders
The buyer may place an order online from the online catalogue and using the order form provided, for any product, subject to available stock.
If a product ordered is unavailable, the buyer will be informed by email.
To validate the order, the buyer must accept these terms and conditions by clicking in the place indicated. The buyer must also choose the delivery address and delivery method, and finally validate the payment method.
The sale shall be deemed final:
– after the seller sends the buyer an email confirming acceptance of the order;
– and after the seller has received full payment of the price.
Any order constitutes acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be handled as part of a possible exchange and the warranties mentioned below.
In certain cases, including non-payment, an incorrect address, or any other issue related to the buyer’s account, the seller reserves the right to suspend the order until the issue is resolved.
For any question regarding order tracking, the buyer must send an email to contact@labaapp.fr.
Article 5 – Electronic Signature
The online provision of the buyer’s bank card number and the final validation of the order shall constitute proof of the buyer’s agreement:
– that the amounts due under the order are payable;
– and of the signature and express acceptance of all transactions carried out.
Article 6 – Order Confirmation
The seller provides the buyer with a copy of the contract, either on paper signed by the parties or, with the buyer’s consent, on another durable medium, confirming the express commitment of the parties.
Article 7 – Proof of Transaction
The computerized records stored in the seller’s computer systems under reasonable security conditions shall be considered proof of communications, orders, and payments between the parties. The archiving of orders and invoices is carried out on a reliable and durable medium that may be produced as evidence.
Article 8 – Product Information
The products governed by these terms and conditions are those listed on the seller’s website and indicated as sold and shipped by the seller, subject to available stock.
The products are described and presented as accurately as possible. However, if errors or omissions occur, the seller cannot be held liable.
Photos are provided for illustrative purposes only. The buyer is invited to refer to the product description for precise details. In the event of a clear discrepancy between the product’s characteristics and its representation or sale conditions, the seller cannot be held liable.
Article 9 – Prices
The seller reserves the right to modify prices at any time but undertakes to apply the rates in force at the time of the order, subject to availability.
Prices are indicated in euros and do not include delivery costs, which are charged in addition and indicated before order validation. Prices include VAT applicable on the day of the order.
The full price must be paid at the time of the order. Amounts paid shall not be considered as deposits or advance payments.
Any change in taxes or contributions may be reflected in the product price.
Payment methods: bank transfer, credit card, PayPal.
Article 10 – Payment Terms
Placing an order implies an obligation to pay.
The buyer guarantees that they have the necessary authorization to use the chosen payment method. The seller reserves the right to suspend or cancel any order in case of payment refusal or non-payment.
The seller may request proof of identity and address for verification purposes. The order will only be validated after verification.
Article 11 – Product Availability – Refunds – Cancellation
Delivery times run from the date of order confirmation. For mainland France, delivery takes between 3 and 8 business days.
If the agreed delivery time is not met, the buyer may request the seller to perform within a reasonable additional period. If not fulfilled, the buyer may cancel the contract.
If a product is unavailable, the buyer may request a refund within 30 days or an exchange.
Article 12 – Delivery Terms
Delivery means the transfer of physical possession of the goods to the buyer after payment confirmation.
Products are shipped via La Poste (Colissimo) or Mondial Relay. The seller reserves the right to choose another carrier if necessary.
If the package is damaged, the buyer must refuse it and note a reservation on the delivery slip.
Article 13 – Delivery Errors
Any claim for delivery error or non-conformity must be made by email to contact@labaapp.fr within one business day of delivery.
Returns must be sent to:
LABA, 7 rue d’Anjou, 91130 Ris-Orangis, France
Article 15 – Product Warranty
The seller is responsible for statutory warranties of conformity and hidden defects under French law.
15.2 Commercial Warranty
Products may also be covered by a commercial warranty for repair, replacement, or refund. This does not cover misuse or external damage.
Article 16 – Right of Withdrawal
The buyer has 14 days from delivery to return products for a refund or exchange, excluding return shipping costs.
Products must be returned in their original condition and packaging.
Article 17 – Force Majeure
Neither party shall be held liable for events beyond their control such as natural disasters, strikes, or telecommunications failures.
Article 18 – Intellectual Property
All website content remains the exclusive property of the seller. Any reproduction is strictly prohibited.
Article 19 – Data Protection
Personal data is required to process orders and may be shared with partners involved in order fulfillment. Buyers have the right to access, modify, and oppose the use of their data.
Article 20 – Partial Invalidity
If any clause is deemed invalid, the remaining clauses shall remain in force.
Article 21 – Non-Waiver
Failure by either party to enforce any provision shall not be deemed a waiver of that provision.
Article 22 – Headings
Headings are provided for convenience only and shall not affect interpretation.
Article 23 – Contract Language
These terms are written in French. In case of translation, only the French version shall prevail in the event of a dispute.
Article 24 – Disputes and Mediation
The buyer should first contact the seller to seek an amicable solution at contact@labaapp.fr.
Mediation body:
CNPM – Médiation de la consommation
Website: https://cnpm-mediation-consommation.eu
Address: 23, rue Terrenoire, 42100 Saint-Étienne, France
Article 25 – Applicable Law
These terms and conditions are governed by French law, excluding the Vienna Convention. This applies to both substantive and procedural rules.
APPENDIX 1 – Statutory Warranty Provisions
Article L211-4
The seller must deliver goods in conformity with the contract and is liable for defects existing at the time of delivery.
Article L211-5
The goods must be fit for their usual purpose and correspond to the description given by the seller.
Article L211-12
Any action for lack of conformity must be brought within two years of delivery.
Article 1641
The seller is liable for hidden defects that render the goods unfit for their intended use or significantly reduce their value.