Last updated on: March 8, 2024
1. Legal notice
This website, accessible at the URL https://voyagedelabaleine.fr/ (the “Site”), is published by:
BIDAIA SAS, a company with a capital of 3000 euros, registered with the Bayonne Trade and Companies Register under number 985 249 788, with its registered office at 4 chemin d’Urtegui, 64500 Saint-Jean-de-Luz, duly authorized,
Hereinafter referred to as the “Operator”.
The Operator’s individual VAT number is: FR05985249788
The Site is hosted by the company WORDPRESS.COM, a company of the AUTOMATTIC Inc. Group, with its registered office located at the following address: 60 29th Street #343, San Francisco, CA 94110, United States of America.
The Publication Director of the Site is Ms. Flore Vichot.
The Operator can be reached at the following phone number +33 6 48 03 62 94 and at the following email address contact@voyagedelabaleine.fr.
2. Purpose and acceptance of the General terms and conditions of sale
The VOYAGE DE LA BALEINE Site is an online store for baby and children’s clothing and accessories.
Orders placed on the Site are exclusively reserved for natural persons and legal entities designated as “End Customers” (hereinafter referred to as the “Client”), outside of any habitual or commercial resale activity. The Site is not intended for wholesale or retail resellers.
The purpose of these General Terms and Conditions of Sale is to define the terms and conditions under which the Client may use the Site and purchase the Products offered for sale thereon. The current General Terms and Conditions of Sale are available on the Site or upon simple request from VOYAGE DE LA BALEINE. The Client acknowledges having read and accepted these General Terms and Conditions of Sale before placing an order.
These General Terms and Conditions of Sale prevail over any other document that may have been communicated to VOYAGE DE LA BALEINE.
These General Terms and Conditions of Sale may be modified at any time and without prior notice. Any new version of the General Terms and Conditions of Sale will be published in the “General Terms and Conditions of Sale” section of the Site and will be applicable upon its publication.
3. Definitions
Unless otherwise specified, the following terms and expressions, when appearing with their first letter capitalized, whether singular or plural, in this Agreement or in any other document issued by VOYAGE DE LA BALEINE, shall have the meanings given below:
Agreement or General Terms and Conditions of Sale: refers to all rights and obligations of the parties concerning the Site and described in this document.
Site: refers to the website accessible at https://www.voyagedelabaleine.fr.
Client: refers to any person using the Site to purchase a Product through the Site.
Product: refers to a product offered for sale through the Site.
4. Products offered for sale
The Site offers various Products selected by VOYAGE DE LA BALEINE for sale and allows them to be ordered online.
The essential characteristics (qualitative and quantitative) of the Products are described on the Site.
Product offers are valid as long as they are visible on the Site, within the limits of available stock or the conditions specified on the Site.
In the event of unavailability of the ordered Product, the Client will be informed as soon as possible, and the amounts paid will be refunded. The unavailability of one or more Products cannot engage the liability of VOYAGE DE LA BALEINE.
VOYAGE DE LA BALEINE makes its best efforts to ensure that the photos of the Products appearing on the Site are faithful to the original products. However, variations may occur, particularly due to technical limitations in color rendering on the Client’s computer equipment. VOYAGE DE LA BALEINE cannot be held responsible for variations that do not result from its actions.
5. Orders
5.1 Conditions for placing an order
To place an order on the Site, the Customer must:
– be at least 18 years old and have the necessary legal capacity to place and fulfill any order, or hold parental authorization allowing them to place and fulfill any order and be able to provide proof thereof at any time, upon simple request from VOYAGE DE LA BALEINE;
AND,
– be a natural person acting within the scope of their personal needs (meaning, in particular, that any order placed by the Customer must correspond to the normal needs of an individual), or be a natural person or legal entity acting as an “end buyer” and not for the resale of the products ordered.
5.2 Placing an order
Orders are placed according to the procedure provided on the Site.
For each Product selected and ordered by the Client on the Site, a summary page will automatically be displayed, showing the item reference, the chosen quantity, its unit price, and the total price of the Client’s order, as well as delivery costs. The Client must carefully check the accuracy of their order before confirming it.
No order can be taken into account if it is not immediately followed by the receipt by VOYAGE DE LA BALEINE of a valid payment method.
The validation of the order and the electronic signature (Law of March 13, 2000 on electronic signatures) constitute acceptance of the General Terms and Conditions of Sale.
Unless proven otherwise, the data recorded by VOYAGE DE LA BALEINE constitutes proof of all transactions made on the Site https://voyagedelabaleine.fr/ between VOYAGE DE LA BALEINE and its Clients.
Before confirming their order, it is essential for the Client to verify the spelling of their first and last name as well as their exact address with the city and postal code. VOYAGE DE LA BALEINE cannot be held responsible for these elements essential for the proper delivery of the Client’s order. Any order implies acceptance of the prices and descriptions of the Products available for sale.
VOYAGE DE LA BALEINE reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
5.3. Order confirmation
Upon registration of the order, VOYAGE DE LA BALEINE acknowledges receipt. An order confirmation is then sent to the Client at the email address provided during their order, and constitutes acceptance of the Client’s order by VOYAGE DE LA BALEINE. VOYAGE DE LA BALEINE is only bound by the Client’s order from the sending of this acknowledgment of receipt and subject to VOYAGE DE LA BALEINE’s receipt of the payment corresponding to the order.
Proof of the order results from the electronic forms completed by the Client and the confirmation sent by VOYAGE DE LA BALEINE to the Client’s email address.
6. Pricing and Payment
The prices of the Products are indicated on the Site in the currency offered to the Client at the time of the order, notably in euros or pounds sterling depending on the options available on the Site, all taxes included and excluding delivery costs, which are indicated in addition. Orders are payable in the currency offered to the Client at the time of the order. Prices displayed on the Site are subject to change at any time. Of course, the price applied to the Client is that displayed on the Site at the time of placing the order, except in the case of a manifest error in displaying the Product price (derisory price).
For all Products shipped outside the European Union, the price will be mentioned excluding taxes on the invoice and on postal and customs shipping forms. Customs duties, other local taxes, import duties, or state taxes may be payable.
For orders delivered to the United Kingdom, shipments are made under DDP (Delivered Duty Paid) conditions. Applicable customs duties, import taxes, and customs clearance fees are borne by VOYAGE DE LA BALEINE and will not be claimed from the Client upon delivery.
For other destinations outside the European Union, these duties and sums are not the responsibility of VOYAGE DE LA BALEINE and do not fall under its liability. They will be entirely at the Client’s expense, under their responsibility, both in terms of declarations and payments to the competent authorities and/or organizations, unless otherwise indicated at the time of order or applicable legal provision. The Client is advised to inquire with the competent authorities in their country.
Payment for the order by the Client must be made online, at the time of placing it, by any payment method authorized on the Site.
The Client guarantees that they are the legitimate holder and user of the payment method they use on the Site. VOYAGE DE LA BALEINE is not obliged to carry out any verification in this regard.
The shipment of the order to the Client only takes place after VOYAGE DE LA BALEINE has received a valid payment method.
The Client has the choice to pay for their online purchases at the time of order: by Bank Card (carte bleue, Visa, Euro-card, Mastercard, Amex) or by PayPal.
In case of out-of-stock or unavailable Products, the Client will be notified as soon as possible to proceed with a modification of their order, with their agreement and according to their wishes.
VOYAGE DE LA BALEINE implements all means to ensure the confidentiality and security of data transmitted on the web.
As such, the Website uses a secure payment module (PayPal) through an exchange of encrypted data (SSL protocol) and at no time does VOYAGE DE LA BALEINE store its Clients’ banking information.
7. Delivery
Product delivery is made to the address indicated by the Client when placing their order.
Delivery costs are indicated to the Client on the Site at the time of their order, and their amount depends on the delivery method the Client chooses to use.
The shipment of the order will be confirmed to the Client on the day of its departure by email, provided the Client has correctly provided their email address. VOYAGE DE LA BALEINE guarantees the proper delivery of the Product.
Delivery times are usual average times and correspond to the shipping processing times announced on the Site, plus the delivery time.
Product dispatch occurs within 48 hours (working days, excluding public holidays), while the delivery time is announced depending on the chosen carrier.
VOYAGE DE LA BALEINE cannot be held responsible for consequences due to a delay in delivery, for any reason whatsoever. This does not entitle the Client to cancel the sale.
Consequently, no claim for compensation of any kind can be made by the Client to VOYAGE DE LA BALEINE.
In case of apparent defects, the Client benefits from the right of return specified below in article 9.
In case of an error in the recipient’s contact details, VOYAGE DE LA BALEINE cannot be held responsible for its inability to deliver the Product.
8. Retention of title
The delivered Products remain the property of VOYAGE DE LA BALEINE until full payment of the price by the Customer (effective receipt of payment by VOYAGE DE LA BALEINE).
The transfer of risks for the Products occurs upon receipt of the Products by the Customer or any third party designated by them.
9. Receipt of Products
It is the Client’s responsibility, upon receipt of the Product, to check its conformity and apparent condition and, if necessary, to make reasoned reservations, which must be sent in writing to VOYAGE DE LA BALEINE and the carrier within three (3) days following delivery. Thus, the Client will indicate, if applicable, on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomalies observed (open package, damaged Product, etc.).
In case of receipt of a defective Product, it must be returned to VOYAGE DE LA BALEINE under the conditions referred to in the “Warranty” article.
10. Right of withdrawal – Returns
10.1 Right of withdrawal
The Client, acting as a consumer, benefits from a legal right of withdrawal for any Product purchased on the Site. This right must be exercised within fourteen days from the receipt of the Product ordered on the Site.
10.2 Product return conditions
Returns will only be accepted for complete Products in new condition, with their tag(s) attached, in their original packaging, and with their order identification slip for identification.
Products damaged or soiled by the Client will not be accepted for return.
The returned Product(s) must be sent:
– either by Mondial Relay using the pre-paid label provided by VOYAGE DE LA BALEINE (Metropolitan France, Belgium, Spain).
– either by Chronopost Shop to Shop using the pre-paid label provided by VOYAGE DE LA BALEINE (Italy).
– or by post via Colissimo (or a carrier of the Client’s choice) with a tracking number (return costs at the Client’s expense).
The refund of the Product price to the Customer will be made in full by VOYAGE DE LA BALEINE and deferred until receipt and verification of the Products by VOYAGE DE LA BALEINE.
The refund will be processed within a maximum of 7 days from the date on which the return has been received and verified by VOYAGE DE LA BALEINE.
11. Product conformity
The Client may exchange Products that are apparently defective or do not correspond to their order. In this case, they must make a request by email within 7 working days following delivery and return the Product.
The Product will then be exchanged.
In the case of a Product exchange, the shipping costs for the replacement Product will not be charged to the Client, and the shipping costs incurred by the latter will be reimbursed based on the invoiced rate.
Returns will only be accepted for complete Products in new condition, with their tag(s) attached, in their original packaging, and with their order identification slip for identification.
Products damaged or soiled by the Client will not be accepted for return.
Any claim made outside this period will not be accepted.
12. Limitation of liability
The Products offered comply with current French legislation and applicable standards in France. VOYAGE DE LA BALEINE cannot be held liable in case of non-compliance with the legislation of the country where the Product is delivered.
VOYAGE DE LA BALEINE cannot be held liable for any inconveniences or damages inherent in the use of the Internet network, including service interruption, external intrusion, or the presence of computer viruses, or any event qualified as force majeure beyond its control, for the following reasons and without this list being exhaustive: flood, fire, storm, strike, riot, accidents…, in accordance with case law.
Similarly, its responsibility is not engaged with regard to the content of websites to which hypertext links may refer from its own Site.
Any link, even tacitly authorized, must be removed upon simple request from VOYAGE DE LA BALEINE.
13. Personal data
The provision of personal information collected for the purpose of distance selling is mandatory, as this information is necessary for the processing and delivery of orders, the establishment of invoices, and warranty contracts.
BIDAIA SAS (which operates the VOYAGE DE LA BALEINE website), concerned with the security of processing personal data of its Clients via the Site and its other offerings, undertakes to ensure the compliance of the processing it carries out as a data controller within the framework of these presents, in accordance with the applicable provisions of Law No. 2018-493 of June 20, 2018, relating to the protection of personal data, which amended Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, as well as the provisions of Regulation 2016/679 of the European Parliament and of the Council dated April 27, 2016.
To learn about its personal data management and privacy policy, the User is invited to consult the following page: https://voyagedelabaleine.fr/politique-de-confidentialite/.
14. Intellectual property
All elements (drawings, models, illustrations, images, soundtracks, texts, logos, trademarks, etc.) constituting the Site are covered by intellectual property rights. It is forbidden for anyone to reproduce in whole or in part, by any means whatsoever, to distribute, publish, transmit, modify, or sell all or part of the Site’s content, or to create derivative works from it.
The trademarks of the Products distributed by VOYAGE DE LA BALEINE through the Site, as well as all logos, symbols, designs, images, and product designations related to these trademarks, whether registered or not, displayed on the Site, are and shall remain the exclusive property of the owners of these trademarks and, as such, are protected by copyright law, trademark and design law, and more generally by intellectual property law and rules relating to unfair competition. For the complete information of the Customer, VOYAGE DE LA BALEINE indicates that any reproduction, distribution, transmission, modification, or use of these trademarks, for any reason whatsoever, is prohibited.
The photographs and texts illustrating the Products are not part of the contractual scope. Should any errors be present, VOYAGE DE LA BALEINE cannot be held liable under any circumstances.
15. Non-waiver
Any failure by VOYAGE DE LA BALEINE to exercise a right cannot be interpreted as a definitive waiver of that right or as a waiver of these General Terms and Conditions of Sale.
16. Severability of the General terms and conditions of sale
Should any provision of these General Terms and Conditions of Sale be declared null and void or without effect, the other conditions shall remain in force.
17. Applicable law and jurisdiction
These General Terms and Conditions of Sale are subject to French law.
VOYAGE DE LA BALEINE undertakes to comply with all provisions of the Consumer Code for Distance Selling.
In the event of a dispute and in the absence of an amicable agreement between the parties, jurisdiction shall be granted to the courts of the defendant’s domicile.
