Terms of Service
PREAMBLE:
The website www.izybaby.uk is operated by the limited liability company ByUs SARL, 12 rue du Château d'Eau, L-3364 Leudelange, Luxembourg, RCS: B253985, intra-community VAT number LU33032445
These general conditions of sale apply between the seller and any customer making a purchase through the Website www.izybaby.uk to purchase items offered for sale on the Website.
The validation of the order on the Website www.izybaby.uk hereinafter known as the website, by the customer implies unreserved acceptance by him of these general conditions of sale. Orders can only be placed between ByUs SARL and any non-trading natural person. The customer, prior to ordering product(s), declares that the acquisition of the so-called product(s) is not directly related to his professional activity, his (their) acquisition being reserved for personal use on his part. Before ordering, the customer declares to have full legal capacity (being of legal age, not being under guardianship or curatorship) allowing him to engage under these General conditions of sale. Therefore, the sales contract is subject to Luxembourg legislation.
The seller provides its customers with a customer service that can be reached through its email address: info@izybaby.uk
ARTICLE 1 - Scope of application
These General Conditions of Sale apply, without any restriction or reservation, to all sales which are concluded by ByUs SARL ("the Seller") with consumers and non-professional buyers ("The Customers or the Customer"), wishing acquire the products offered for sale by the Seller (“The Products”) on the Website www.izybaby.uk (“the Website”). They mainly specify the conditions of ordering, payment, delivery and management of any returns of the Products ordered by the Customers. These General Conditions of Sale may be supplemented by special conditions, set out on the Website, before any transaction with the Customer. These General Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels. They are accessible at any given time on the Website and shall prevail, where applicable, over any other version or any other contradictory document. These General Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is in force on the Website on the date of placing the order. Changes to these General Terms and Conditions of Sale are binding on users of the Website from the time they are put online and cannot be applied to transactions, which have been concluded previously.
ARTICLE 2 - Products offered for sale
The product offered for sale on the Website is as follows:
- Izybaby Nomad™ Bottle Warmer
The main features of the Product and in particular the specifications, illustrations and indications of dimensions or capacity of the Product, are presented on the Website. The Customer is required to read it before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer. The photographs and graphics presented on the Website are not contractual and cannot engage the responsibility of the Seller. The Customer is required to refer to the description of the Product, in order to know its properties, the essential particularities and the delivery times, as well as, in the event of continuous or periodic supply of a good, the minimum duration of the proposed contract. The contractual information is presented in French and is subject to confirmation at the latest, when the order is validated by the Customer.
The Product presented on the Website is offered for sale for the following territories:
- France
- Luxemburg
- Belgium
- Swiss
For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be charged to and are the sole responsibility of the Customer.
ARTICLE 3 - Period of validity of the Product offer
Product offers are within the limits of available stocks, as specified while placing the order.
ARTICLE 4 - Seller’s contact details
ARTICLE 5 - Orders
5-1. Placing orders
It’s up to the Client to select the Products he wishes to order on the Website, according to the following methods:
- To place an order, the Customer must register his email address.
- After selection of the products and the validated basket, the Customer must choose the address and the delivery method.
- The Customer must then validate his means of payment
Any order implies acceptance of the prices and descriptions of the Products, which are available for sale. The seller acknowledges receipt of the order upon validation by sending an email. The Customer has the possibility to check the details of his order, its total price and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to immediately report or rectify any errors. The registration of an order on the Website is made when the Customer accepts these General Conditions of Sale by ticking the box provided for this purpose and validates his order. This validation implies acceptance of all of these General Conditions of Sale as well as the general conditions of use of the Website. The sale is only final after the Seller has sent the Customer confirmation of acceptance of the order by email, which must be sent without delay and after receipt by the latter of the full price. Any order which has been placed, validated by the Customer and confirmed by the Seller, under the conditions and according to the methods described above, on the Website constitutes the formation of a contract concluded at a distance between the Customer and the Seller. Unless proven otherwise, the data recorded in the Seller's computer system constitutes as proof for all the transactions that have been concluded with the Customer. The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute, relating to the payment of a previous order. The Customer will be able to follow the progress of his order on the Website. The Seller is not intended to sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs. The Seller therefore reserves the right to refuse orders for the same Product, in large quantities and comprising more than 5 identical items.
5-2. Order modification
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be modified.
5-3. Order cancellation
Once confirmed and accepted by the Seller, under the conditions described above, the order cannot be canceled, except for the exercise of the right of withdrawal or in the event of force majeure.
ARTICLE 6 - Rates
The Products are supplied at the current prices appearing on the Website when the order is recorded by the Seller. The prices mentioned are in euros. The price indicated on the product sheets does not include transport. The prices take into account any reductions that may be granted by the Seller on the Website. These prices are firm and non-revisable during their period of validity, as indicated on the Website, the Seller reserving the right, outside this period of validity, to modify the prices at any time. They do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the Website and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. This price includes the price of the products, the costs of handling, packaging and storage of the products, the costs of transport and commissioning. The prices take into account the VAT applicable on the day of the order and any change in the legal rate of VAT will be automatically passed on to the price of the products presented on the site, on the date stipulated by the law modifying the rate. Full payment must be made when ordering, unless a specific offer is indicated on the site. At no time can the sums paid be considered as a deposit or down payment. An invoice is established by the Seller and given to the Customer upon delivery of the Products ordered.
ARTICLE 7 - Payment conditions
The price is payable in cash, in full on the day the order is placed by the Customer. The shipment of the order and the delivery of the Products ordered are subject to effective payment by the Customer.
Payment is made, by secure payment, according to the following terms:
- by bank cards: Visa, MasterCard, American Express and other bank cards
- by PayPal
- by Apple Pay
- by Amazon Pay
Payment data is exchanged in encrypted mode using the "SSL, Secure Socket Layer" protocol via Stripe. The information transmitted is encrypted by software and cannot be read during transport on the network. The Customer notices that the transmission is encrypted by software when the padlock symbol appears in your browser. In addition, when passing bank details (card number and validity date), the URL address becomes URL https (the "s" indicating security) and no longer an http address. In accordance with the Law of March 13, 2000 on the electronic signature, the online transmission of the card number and the final validation of the order are valid as proof of the completeness of the order and the exigibility of the sums due in payment of this ordered. The order validated by the customer will only be considered effective when the bank payment center concerned has given its agreement. A refusal of authorization by the banking center entails the cancellation of the order automatically and without compensation and the customer will be notified by e-mail. Furthermore, if an incident occurs during the registration of the order, it is null and void and the Customer must repeat the ordering procedure. Purchases are debited from the customer's account when the order is processed. Payment by bank card is irrevocable, except in the case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums. In addition, the Seller reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the delivery of orders in progress made by the Customer. No additional costs, higher than the costs borne by the Seller for the use of a means of payment, may be invoiced to the Customer.
ARTICLE 8 – Deliveries
All orders placed with ByUs SARL are intended for the personal use of Customers, Customers or recipients of the products are prohibited from any partial or total resale of the products. The products are delivered to the address indicated by the Customer on the order form. The Customer must verify the completeness and conformity of the information he provides to ByUs SARL. The latter cannot be held responsible for any input errors and their consequences in terms of delay or delivery error. In this context, all costs incurred for the reshipment of the order will be entirely the responsibility of the Customer. Similarly, ByUs SARL cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike in particular of postal services and means of transport and/or communications). The products offered for sale are either available from stock. In case of out of stock or unavailability of the product ordered, ByUs SARL. undertakes to inform the customer as soon as possible and to specify a period of availability. The customer will confirm by e-mail his choice either to wait for the availability of the product or to be reimbursed.
Article 8.1 Time period
The Products ordered by the Customer will be delivered in mainland France within 5 to 8 working days from the confirmation of dispatch of the order with actual payment on the Website.
The Products ordered by the Customer will be delivered in Belgium, Luxembourg within 7 to 11 working days from the confirmation of dispatch of the order with actual payment on the Website.
The Products ordered by the Customer will be delivered in Switzerland within 10 to 18 working days from the confirmation of dispatch of the order with actual payment on the Website.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go. If the Products ordered have not been delivered within 30 days of the delivery date, for any reason other than force majeure or the Customer's act, the sale may be canceled at the Customer's written request. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction. In the event of non-conformity of the Product delivered, the Seller - undertakes to remedy it or to reimburse the Customer, as indicated in the article - "Seller's liability - Guarantee".
Article 8.2 Transport
The Seller bears the risks of transport and is required to reimburse the Customer in the event of damage caused during transport. Deliveries are made by an independent carrier, to the address given by the Customer when ordering and which the carrier can easily access. When the Customer is responsible for using a carrier that he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier once he has delivered the Products sold. to the carrier who accepted them without reservation. The Customer therefore acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the goods transported.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, on an estimate previously accepted in writing by the customer. The Customer is required to check the condition of the products delivered. Upon delivery, the customer must, in the presence of the carrier or the post office employee, check the condition of the package, the content, the conformity and the condition of the product(s) before signing the acknowledgment of receipt of the package. He has a period of 3 days from delivery to formulate in writing (postal mail, e-mail) any reservations or complaints for non-compliance or apparent defect of the delivered Products (for example damaged package already opened, etc.) , with all the supporting documents relating thereto (photos in particular). If he notices anomalies concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken product, etc.), he must refuse delivery of the products or issue handwritten reservations on the delivery note. These reservations must be precise, detailed, dated and accompanied by the customer's signature (The mention "subject to unpacking" or "packaging in good condition" has no legal value: you must note on the delivery note " REFUSAL FOR DAMAGE"). These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three (3) working days following delivery of the product(s). A copy will be sent to ByUs SARL via email at info@izybaby.uk or by post at the following address:
ARTICLE 9 - Transfer of ownership - Transfer of risk
The transfer of ownership of the Seller's Products will be made upon acceptance of the order by the Seller, materializing the agreement of the parties on the thing and on the price, regardless of the date of payment and delivery.
ARTICLE 10 - Withdrawal right
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons or pay a penalty, end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 10 days of notification to the Seller of the Customer's decision to withdraw. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not taken back. The Seller suggests that the Customer return his products by Registered Mail with additional insurance for the market value of the products, guaranteeing him, where applicable, compensation for the products up to their actual market value in the event of spoliation or loss of that commodity. In all cases, the return is made at the Customer's risk. It will be the customer's responsibility to retain any proof of return. The Seller recommends that the Customer to the consumer over-pack the original packaging of its products. To exercise his right of withdrawal, the Customer must notify his intention to withdraw to the Seller by registered mail with acknowledgment of receipt before the expiry of the withdrawal period at the following address: ByUs SARL, 12 rue du Château d'Eau, L-3364 Leudelange, Luxembourg, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller, or any other statement, unambiguous, expressing the will to withdraw. In the event of exercise of the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased and the delivery costs are reimbursed; the return costs remain the responsibility of the Customer. The refund will be made within 14 days of notification to the Seller of the withdrawal decision.
ARTICLE 11 - Seller's liability - Warranty
ByUs SARL is the bearer of the legal guarantees of conformity as well as the guarantee of hidden defects. The Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for Products that appear to be defective, spoiled or damaged or that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the products delivered and rendering them unfit for use
It is recalled that under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the goods to act against the Seller. The Customer can choose between repairing or replacing the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code. The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product. The Customer may decide to implement the guarantee against hidden Product defects in accordance with article 1641 of the Civil Code; in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with 1644 of the Civil Code. In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 2 years from the discovery of the hidden defects without this period exceeding the limitation period. five-year term of contractual liability. The Seller will replace or have repaired the Products or parts under warranty deemed non-compliant or defective. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts. Reimbursements for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days of the Seller's finding of the lack of conformity or the hidden defect. The refund will be made by bank transfer to the Customer's bank account.
The responsibility of the Seller cannot be engaged in the following cases:
- non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,
- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure
ByUs SARL also guarantees its products for life 2 years after the original date of purchase against defects in workmanship or materials resulting from normal use of the device. ByUs SARL's lifetime warranty takes over from the 2-year legal warranty and therefore starts at the end of the 2-year legal warranty. The warranty covers parts that affect the operation of the device. It does NOT cover normal wear and tear of the product, in particular its battery, aesthetic deterioration, nor damage caused by an accident, a fall, misuse or negligence. Also excluded from the warranty are breakage, loss, theft or any alteration related to an external event. Any attempt to open or disassemble the device (or its accessories) voids the warranty.
In order to assert its rights, the Customer must inform the Seller, in writing, of the non-compliance of the Products. Warranty claims must be supported by reasonable evidence. To validate your guarantee, the Customer must present the original of his purchase invoice. Replacement products subject to a warranty claim are eligible for renewal of the lifetime warranty.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 12 - Protection of personal data
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled, in accordance with the Site's privacy policy, that the personal data requested from the Customer is necessary for the processing of his order and the establishment of invoices, in particular. This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Website meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
ARTICLE 13 - Intellectual property
In accordance with the Seller's Legal Notice/CGU, the content of the Website is the property of the Seller and its partners and is protected by Luxembourg and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
ARTICLE 14 - Force majeure
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 15 - Applicable law and competent jurisdiction
These General Terms and Conditions of Sale and the resulting transactions are governed by Luxembourg law. All disputes fall under the exclusive jurisdiction of the Luxembourg courts.
ARTICLE 16 - Dispute
All disputes to which the purchase and sale transactions concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have be resolved between the seller and the customer will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the national service of the Mediator of consumption, and whose references appear on the Website or to any alternative method of dispute resolution (conciliation , for example) in the event of a dispute.
National Consumer Mediator Service
Previous Hôtel de la Monnaie
6, rue du Palais de la Justice
L-1841 Luxemburg
https://www.mediateurconsommation.lu/
At the European level, the European Commission provides consumers with an online dispute resolution platform, the link of which the Customer can find on the Seller's website and below:
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The customer, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the data protection act of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Computing and Liberties.
ARTICLE 17 - Pre-contractual information - Customer acceptance
The fact for a natural (or legal) person to order on the Website implies full and complete acceptance and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, to rely on any contradictory document, which would be unenforceable against the Seller.
