(last update: on 30/11/2007)

INTRODUCTION

The present conditions are intended to govern any concluded sale between on one hand, the BABY’SPHERE company, LIMITED COMPANY with a capital of 10 000 €, registered on the RCS Lille - SIRET 500 749 825 00013 RM 590 - Head office: 60 Chemin du Vieux Soldat - 59840 LOMPRET - France below called BABY’SPHERE and, on the other hand, the persons wishing to make a purchase via the web site of BABY'SPHERE http://www.babysphere.fr below called " the customer ".

These conditions concern on an exclusive basis only the at least 18-years-non-trading, old physical persons and having the legal capacity to contract.

BABY'SPHERE saves himself the possibility of adapting or of modifying at any time the present general conditions of sale. In case of modification, will be applied to every order the general conditions of sale current in the day of the signing of the order.
The last date of update of the general conditions of sale is indicated in the top of this page.

If a condition came to be lacking, we would apply then the custom current in the sector of the sale to distance applicable to the companies the head quater of which is in France.

OBJECT

The present conditions aim at defining the modalities of sale between BABY' SPHERE and the customer, both at the level of order and at services, and at intermediate stages of payment and delivery.
They regulate all stages necessary for the signing of order and assure the monitoring of this order between the contracting parties. They will predominate over all other conditions appearing in quite other document, except prior, express and written infringement signed by parties.

APPROVAL OF CONDITIONS

ORDER

Order can be recorded on the site only if the customer apparently became identified by the entrance of identifiants (e-mail) and of his password which are strictly personal to him. The Customer must inform immediately BABY' SPHERE of any loss or use not allowed by his count, by his identifiants and password. Passwords and identifiants are personal and make the customer not disclose them and, at the need restrain the access to its computer not to compromise its data. Therefore, the Customer is alone responsible for their use.

Any order is worth approval of prices and description of the available products in sale, knowing that the photographs of these products are not contractual.
The prices of products stipulated on the site are expressed in euro all taxes included (VAT and other taxes, the Tax on the Added value being there in force on the French territory.) and are exclusive of inherent expenses of shipment, possible expenses of treatment of order and packing and gift services. These expenses are included on the other hand in the price pointed out in the confirmation of order.
BABY' SPHERE saves right to change the prices without notice up to the signing of order. Products will nevertheless be invoiced on the basis of the rate announced during the signing of order. From the past order, products will be delivered at pointed out price.

The BABY'SPHERE society promises to honour orders accepted on the Internet site only within the limits of the available supplies of products.
Failing availability of the product for the pointed out delays, BABY'SPHERE promises to inform the customer about it in the shortest possible time (at the latest under about a week) by post or by e-mail, and to offer him or to cancel the order and to reimburse it (see conditions in rubric PAYMENT below), or to wait until a new date of delivery.

Mention pointed out by the customer during the seizure of inherent information in his order hires this one. BABY' SPHERE would not be hold responsible for errors made by the customer in the wording of the name(s) and addresses of order (address of delivery and address of invoicing especially) and for delays of delivery or even impossibility of delivering the products which these errors could create.
That's why, before confirming his order, the customer must check the following points on the summary which is offered to him, and correct possible errors before validating:
• The detail of order (product (s), quantity, eventual reduction price),
• method of payment,
• The address of invoicing
• mode and address of delivery,
• complete price net of taxes, amount of VAT

The final validation of order intervenes after validation of the payment. BABY' SPHERE will send to the customer an e-mail of confirmation of that confirmed order.
BABY' SPHERE saves right to refuse either to cancel any order of a customer, notably in case of insolvency of a forementioned customer, or in the hypothesis of a default in payment of concerned order or previous delivery, or litigation relating to the payment of a previous order.

Certain orders will be able to be blocked and subjected to our prior agreement before final approval. This blockage will play made according to criteria security determined by BABY' SPHERE or his financial partners. The customer authorizes BABY' SPHERE to prove data relating to his count and to his order and to contact it directly to confirm this order if this one seems to him abnormal.
For any order crossed on the site and delivered out of underground France, the customer is the importer of or of concerned products.
For all products sent except European Union and DOM-TOM, price will be automatically calculated duty-free on the bill. Customs or other local taxes or rights of importation or state taxes are likely to be owed. These rights and sums are not recovering from the spring of BABY' SPHERE. They will be supported by customer and are recovering from his whole responsibility both in terms of statements and payment in authorities and competent organisms of their country. BABY' SPHERE is not required to prove and to inform the customers of customs and applicable taxes, and recommends to the customers to enquire about these aspects to their local authorities.

PAYMENT

The customer has the choice to regulate his purchases:
•    By bank credit card: BABY' SPHERE accepts the French national bank cards, the international cards EUROCARD / MASTERCARD, the international cards VISA. The global treatment of bank cards is performed by the payment reassured by banks CIC. By this way, all data concerning the order of the customer are sent under encoded way through SSL protocol from the computer of the customer to BABY' SPHERE administration. At any rate, the online provisioning of the number of credit card and the final validation of order will be worth proof of the entirety of this order in accordance with the dispositions of the french law of March 13th, 2000, and will payability of sums hired for the specified articles mentionned in the purchase order. This validation is worth signature and express acceptation of all operations performed on the site according to the article 1341-1 of the Civil code. Nevertheless, in case of fraudulent use of his count, the customer is invited to contact BABY' SPHERE in 06 07 09 50 04.

•    By post (check) : The payment by cheque is only possible for cheque in euro drawn at a domiciled bank in France or in Monaco. In case of payment by check, the encashment of the check is accomplished next to the reception of the check. Order will be treated only in reception of these regulations, in other words, the delay of expedition pointed out on the site agrees as from the reception of your regulations. The check will have to be established in the order of BABY' SPHERE SARL and send to BABY’SPHERE SARL – 60 Chemin du Vieux Soldat – 59840 LOMPRET – France.

•    By Chequ’sphere received as a gift by the customer, and used by entering the code in the « Redeem promotion coupon » box of the web-site. BABY' SPHERE will refuse any partial or complete refund of a chequ' sphere. If the sum of the performed purchase was less than that of the given chequ' sphere, the count of the customer would be credited with the corresponding sum, by means of the attribution of a new code, which will be able to be used during its following purchase and for the delay of 1 year as from the sending out of the check.

All regulations are made in euro. Products will be sent only after collection of your payment. Products remain the ownership of BABY' SPHERE up to the complete payment of price.

In the possibility of an unavailability produce after signing of its order, if the customer decides on it, his order will be able to be cancelled, and it will be reimbursed if its bank account was debited. Refund will be made to be chosen by BABY' SPHERE by credit on the bank account of the customer or by check, at the latest in the thirty days as from the payment of order.

DELIVERY

The rates of shipping for metropolitan France are available by clicking on rubric « special offers » of the web-site. For other destinations, it will appear in the price pointed out in the confirmation of order, before its validation.

Delays pointed out on the site are the habitual medium delays and correspond to the delays of treatment of expedition and transportation.

The possible delays of delivery attributable to the transporter or to BABY'SPHERE do not open to the allocation of damages straight. In case of delay of expedition, an e-mail will be addressed to the customer. In that case, and as long as the product is not sent, the customer can cancel his order and make it reimburse in conditions pointed out in articles. ORDER and PAYMENT).

The ordered products are transported at risks and dangers of the addressee. In reception, the customer or the addressee will have to prove the good state of the delivered good. If the one or some of the ordered products would be missing or spoilt, the customer or recipient must make necessary reservations to the transporter, or even refuse the product at the time of delivery in conditions and delays specified by the Commercial law.

War, riot, fire, strikes, accidents, natural and meteorological disasters, impossibility of being supplied, and more in general any outside circumstance in so are considered to be case of force majeure unloading BABY' SPHERE of its obligation to deliver.

If the customer would wish that several products are delivered at two distinct addresses, it will be necessary to register two distinct orders.

RIGHT OF RETRACTION / RETURN / EXCHANGE

In this case, the customer will have to return the new products in their packing of origin, undamaged, accompanied with all possible attachments, by post, in his expenses, in following address: BABY’SPHERE SARL – Customer Service – 60, Chemin du Vieux Soldat – 59840 LOMPRET- France. In case of use of this right of retraction, BABY'SPHERE promises to reimburse sums poured by the customer within the delay of 15 days maximum.

The damaged, harmed or mucked up, incomplete turned articles will not be taken back.

In the case of an application for reimbursement of costs of an article having been gracefully allocated or in lesser cool on the occasion of a special bargain offered to the user, it will be partly reimbursed its commercial value and not in its entirety.

In case of excessive returns, BABY' SPHERE saves right to refuse a subsequent order.

GUARANTEES / RESPONSIBILITY

All articles are subjected to a contractual guarantee, which does not stand in the way of the lawful guarantee envisaged by articles 1641 and following of the Civil code.
The customer benefits for the articles of a guarantee allowing him to return the faulty delivered articles in accordance with articles L 211-4 and following of the Code of consumption.
· Article L211-4 encodes consumption
The seller is required to deliver a good corresponding to the contract and answers defects of compliance existing during deliverance. He also answers defects of compliance resulting from the packing, from instructions of assemblage or the installation when this one was put in the load by the contract or accomplished under its responsibility.
· Article L211-5 encodes consumption
To comply with the contract, the good owes:
1 º to be conformed with the habitually use expected from a similar good and, if need be:
- correspond to the description given by the seller and have the qualities which this one introduced to the purchaser in form of sample or in model;
- introduce the qualities for which a purchaser can rightfully wait taken into account public statements made by the seller, by the producer or by his representative, notably in advertising or labelling;
2 º Either to introduce characteristics defined by common consent by parties or to be conformed with the usage searched by the purchaser, advised by seller and who this last accepted.
· Article L211-12 encodes consumption The action resulting of the defect of compliance is prescribed by two years as from the deliverance of the good.
· Article 1641 civil code
The seller is kept of guarantee at the rate of defects hidden from the sold thing which make it inappropriate to the usage for which they intend it, or that diminish this usage so much, that the purchaser would not have acquired it, or would have given only a lesser price, if he had been informed of them.
· Article 1648 al 1st civil code
Action resulting from prohibitive defects must be brought against the seller by the purchaser within two years as from the discovery of the defect.

On the other hand, BABY' SPHERE cannot be kept for representative for damage of all kinds, so material as insubstantial or bodily, which could result from a poor use of the product and from a poor respect for baggage rooms of security specified on the product, particularly:
•    The tableau-livre cannot be considered as a toy, it must be hung on the wall out of reach of chidren. who will be able to approach it only under the narrow supervision of the parents.
•    The purchaser has to be sure to select the appropriate attachment to suit it’s type of wall and the weight of the product (1.7 Kg).
•    If in doubt concerning this attachment, he has to consult a qualified specialist.

The offered products comply with French legislation in force and with applicable norms in France. At any rate BABY'SPHERE will not be able to be kept for representative and responsible for the failure to observe of the regulation and legislative dispositions in force in the country of reception. The responsibility of BABY' SPHERE is systematically restricted to the value of the product put in reason determined in the date of its sale and it without possibility of appeal towards mark or productive society of the product. In any case, the customer benefits from the lawful guarantee of ousting and hidden defects envisaged in articles 1625 and following of the Civil code.

BABY' SPHERE promises to bring all applied care in occupation for the implementation of the service given to the customer. However, his responsibility will not be able to be kept in case of breach of its contractual obligations due to a haphazard case or a case of force majeure such as defined by the case law applied by French jurisdiction.

Also, the responsibility of BABY' SPHERE would not know how to be hired for all disadvantages or inherent damage in the use of Internet network, notably a break of service, an outside intrusion or the presence of computer viruses.

DATA OF NAMES

To add information of information of names collected for the purposes of remote sale is obligatory, this information being necessary for the treatment and the forwarding of orders, the establishment of bills and contracts of guarantee. The defect of information draws away the non-validation of Order.
BABY' SPHERE saves right to collect data on the user, notably by the use of cookies, in most cases intended to ameliorate quality and personalization of the service.

In accordance with law " Computer science and Freedom ", the processing of information of names relating to the customers made the object of a statement to the National Commission of Computer science and Freedom (CNIL).
The customer has (article 34 of the law of January 6th, 1978) a right of access, modification, correction and abolition of the data which concern it, that he can exercise by writing in BABY'SPHERE SARL – Customer relations – 60, Chemin du Vieux Soldat – 59840 LOMPRET – France.
Through BABY'SPHERE, the customer agrees to accept commercial proposals of other firms or organisms or to be informed about the offer of BABY'SPHERE, but if he does not like or more to accept them, the customer will any time be able to apply for it in this same adress.

Besides, BABY'SPHERE promises not to announce the names and adress of the customers, free or with counterbalance, to a third party.

INTELLECTUAL PROPERTY

All the elements of the site BABY’SPHERE, that they are visual or sound, including tableaux-livres are protected themselves by the copyright, the brands, the patents or the drawings and models.
They are the exclusive property of the company BABY’SPHERE. Any reproduction or representation, in whole or in part, is essential of forger being able to engage the civil and penal liability of the author.
The user who has a web site in a private capacity and who wishes to place, for a personal custom, on its site a simple link sending back directly to the homepage of the site of BABY’SPHERE, necessarily has to ask for the authorization the company BABY’SPHERE.
It will not be in that case about an implicit agreement of membership.
On the other hand, any hypertext link sending back to the site of BABY’SPHERE and using the technique of the framing or of in - line linking is formally forbidden.
In every case, any link, even tacitly authorized, must be removed on simple demand of the company BABY’SPHERE.

COMMENTS AND CRITICISMS

As user of the site, the customer is invited to write criticisms, comments or suggestions on products and offered services. The customer can nevertheless make it only as long as this content is not illegal, indecent, excessive, menacing, defamatory, contravening rights of intellectual property, or prejudicial with thirds and does not consist or contain computer viruses, political activism, commercial solicitations, direct mail advertising of mass, chains or quite other forms of "Spam".
The customer should not use a wrong address email, usurp the identity of a person or an entity, nor lie about the origin of contents.

BABY' SPHERE saves consequently the right, in the whole discretion, to take away or to change any contents, notably for technical reasons (deficient capacity of stocking, virus, clarity of the Web page) or lawful (purpose with defamatory, fallacious, racist, indecent character or praising of crime against humanity). Above mentioned motives being it only à insurance of not exhaustive examples.

If the customer addresses contents in BABY'SPHERE, including as part of game competition or special operations, and except as otherwise provided stipulated written, the customer agrees to grant in BABY' SPHERE right, not exclusive, free and for the duration lawful of the royalties, to exploit, to reproduce, to change, to adapt, to publish, to translate, to distribute, to sub-lay off and to show these contents worldwide and on any support. The customer grants in BABY' SPHERE, as well as to the sub-college graduates, right to use the name which he will have announced during the provisioning of his contents. He abandons right to be identified as being the author of contents.

The customer declares and guarantees be possessing or have right essentials on the contents transmitted in BABY' SPHERE, of the fact that in the date of transmission content is precise and will not do harm, to whoever it belongs. In this frame, it agrees to indemnify BABY'SPHERE in case of action of a third since this action will have as reason, foundation or origin, content was provided by its care.

ENTIRETY

In the event if one of the clauses of the present contract would be void and not actual by a change of legislation, regulation or by a decision of justice, it would under no circumstances know how to affect validity and respect for the present general conditions of sale. It would be then compensate for the condition missing or cancelled by manners in force in remote sale or else by applicable legal measures in the same matter.

LENGTH

The present conditions are applied for the duration of online of services given by the society BABY' SPHERE.

PROOF

CONSERVATION AND ARCHIVING OF TRANSACTIONS

The archiving of order forms and bills is performed on a lasting and dependable support so as to correspond to a faithful and lasting copy in accordance with the article 1348 of the civil code.

APPLICABLE LAW AND COMPETENCE

The present conditions are subjected to French law with the exception of the rules of conflict of laws. In case of litigation, the French courts will be alone competent.