Terms and Conditions of Sale

Effective as of August 1, 2021

These Terms and Conditions of Sale (“Terms” or “T&Cs”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“the Client” or “Clients”), wishing to purchase the products offered for sale (“the Products”) by the Seller on the websites www.bagagecollection.com and www.baggagecollectionusa.com ».

The Products offered for sale on the websites include:
Trunks, travel articles, hotel labels, and spare parts.

The main characteristics of the Products — including specifications, illustrations, and size or capacity information — are presented on the website www.bagagecollection.com, which the Client must read before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are valid while stocks last, as specified when placing the order.

These Terms are available at all times on the websites www.bagagecollection.com and www.baggagecollectionusa.com ». They shall prevail over any other document.
The Client declares that they have read and accepted these Terms by checking the box provided for this purpose before proceeding with the online ordering process.
Unless proven otherwise, the data recorded in the Seller’s computer system shall constitute proof of all transactions concluded with the Client.

Seller’s details:
David Martin — Sole Proprietorship
Registered in the Trade and Companies Register (RCS) of La Gonfrière under number 435 281 902
Address: Les Mares 61550, France
Email: contact@bagagecollection.com
Phone: +33 6 24 85 02 96
VAT No.: FR 96 435281902

The Products presented on the website www.bagagecollection.com are offered for sale in the following territories:
Delivery available in Europe and worldwide.

For any order placed outside mainland France, the Client acts as the importer of the Products concerned.
For all Products shipped outside the European Union or French overseas territories, prices will automatically be calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties, or state taxes may be due and shall be the sole responsibility of the Client.

ARTICLE 2 – Prices

The Products are provided at the rates in effect listed on the website www.bagagecollection.com at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding tax (HT) and including all taxes (TTC).
The rates take into account any discounts that may be granted by the Seller on the website.
These rates are firm and non-revisable during their period of validity; however, the Seller reserves the right to modify prices at any time outside the validity period.

Prices do not include handling, shipping, transport, or delivery fees, which are billed in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total purchase amount, including these fees.
An invoice is issued by the Seller and provided to the Client upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is the Client’s responsibility to select on the website www.bagagecollection.com the Products they wish to order, according to the following procedure:
The Client selects a Product and adds it to their shopping cart. They then choose the delivery method and proceed to payment. The item will be shipped within a maximum of three weeks upon confirmation of payment.

Product offers are valid as long as they are visible on the website, subject to available stock.
The sale will only be considered valid after full payment of the price. The Client is responsible for checking the accuracy of the order and immediately reporting any errors.

Any order placed on the website www.bagagecollection.com constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is an ongoing dispute related to payment of a previous order.
The Client may track the progress of their order on the website.

Any cancellation of the order by the Client can only be made before delivery of the Products (regardless of provisions regarding the application or not of the legal right of withdrawal).

ARTICLE 4 – Payment Terms

The price is paid through a secure payment method, according to the following options:

• payment by credit card
• or payment by bank transfer to the Seller’s bank account (details provided to the Client when placing the order)

The price is payable in full by the Client on the day the order is placed.

Payment data is transmitted in encrypted mode using the protocol defined by the accredited payment provider handling bank transactions on the website www.bagagecollection.com.

Payments made by the Client will only be considered final after the Seller has received the amounts due.
The Seller is not required to deliver the Products ordered by the Client if the Client has not fully paid the price under the conditions set forth above.

ARTICLE 5 – Deliveries

The Products ordered by the Client will be delivered in metropolitan France or in the following areas:
worldwide.

Deliveries are made within 1 to 3 weeks to the address provided by the Client when placing the order on the website.
Delivery is constituted by the transfer to the Client 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 a single shipment.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Client within the aforementioned deadlines.

If the Products ordered have not been delivered within 6 weeks after the indicative delivery date, for any reason other than force majeure or the Client’s fault, the sale may be cancelled at the Client’s written request under the conditions provided in Articles L216-2, L216-3, and L241-4 of the French Consumer Code. The amounts paid by the Client will then be refunded within fourteen days following the termination of the contract, excluding any compensation or retention.

Deliveries are carried out by an independent carrier, to the address provided by the Client during the order and accessible to the carrier.
When the Client has personally arranged for a carrier of their choice, delivery is deemed to have been made upon handing over the Products ordered by the Seller to the carrier who has accepted them without reservation. The Client acknowledges that it is the carrier’s responsibility to effect delivery and has no recourse against the Seller in case of non-delivery of the transported goods.

The Seller also offers free delivery to one of its stores accessible via the following location: L'atelier - Les mares, 61550 La Gonfrière.

In case of a special request from the Client regarding the packaging or transport conditions of the Products, duly accepted in writing by the Seller, related costs will be invoiced separately, based on a prior quote accepted in writing by the Client.
The Client is required to check the condition of the delivered Products. They have a maximum period of #254 Délai maximal pour... from delivery to submit claims by mail, email, telephone, or contact request, accompanied by all supporting documents (including photos). After this period, and if these formalities are not respected, the Products will be deemed conforming and free from any apparent defect, and no claim will be validly accepted by the Seller.
The Seller will refund or replace, as soon as possible and at its expense, Products whose defects in conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided in Articles L217-4 and following of the Consumer Code and as set out in these GTC.

The transfer of risk of loss or damage occurs only when the Client physically takes possession of the Products. Therefore, the Products travel at the Seller’s risk except when the Client has chosen the carrier themselves. In this case, risks transfer upon handing over the goods to the carrier.

ARTICLE 6 – Transfer of Ownership

The transfer of ownership of the Products from the Seller to the Client will only occur after full payment of the price by the Client, regardless of the delivery date of said Products.

ARTICLE 7 – Right of Withdrawal

In accordance with Article L221-18 of the French Consumer Code:
“For contracts providing for the regular delivery of goods over a defined period, the withdrawal period starts from the receipt of the first item.”

The right of withdrawal can be exercised online using the attached withdrawal form, also available on the website, or by any other unequivocal declaration expressing the desire to withdraw, including by postal mail addressed to the Seller at the contact details provided in ARTICLE 1 of these GTC.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing resale in new condition, accompanied by the purchase invoice.
Damaged, soiled, or incomplete Products will not be accepted.
Return shipping costs remain the responsibility of the Client.
Exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Client under the conditions set out in this article.

ARTICLE 8 – Seller’s Liability & Warranties

The Products supplied by the Seller benefit from:

• the legal warranty of conformity for defective, damaged, or non-compliant Products,
• the legal warranty against hidden defects arising from material, design, or manufacturing defects affecting the delivered products and rendering them unfit for use.

Provisions regarding legal warranties:
Article L217-4 of the French Consumer Code:
“The seller must deliver goods in conformity with the contract and is responsible for any non-conformity existing at the time of delivery. The seller is also responsible for non-conformity resulting from packaging, assembly instructions, or installation when this is the responsibility of the seller or has been carried out under their responsibility.”

Article L217-5 of the French Consumer Code:
“The goods are in conformity with the contract if:
1° They are suitable for the normal use expected of such goods and, where applicable:
- They correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
- They have the qualities that a buyer can reasonably expect given public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or they have the characteristics defined by mutual agreement of the parties or are suitable for any specific use sought by the buyer, made known to the seller and accepted by them.”

Article L217-12 of the French Consumer Code:
“The action resulting from non-conformity is time-barred after two years from the delivery of the goods.”

Article 1641 of the French Civil Code:
“The seller is bound by the warranty for hidden defects in the sold item that make it unfit for its intended use or that so diminish its use that the buyer would not have purchased it, or would have paid a lower price, had they known.”

Article 1648 paragraph 1 of the French Civil Code:
“The action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect.”

Article L217-16 of the French Consumer Code:
“When the buyer requests the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable item, a covered repair, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period starts from the buyer’s intervention request or the provision for repair of the item, if this provision occurs after the intervention request.”

To assert their rights, the Client must notify the Seller in writing (email or postal mail) of the non-conformity of the Products or the existence of hidden defects upon their discovery.
The Seller will reimburse, replace, or repair Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the charged rate, and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than three weeks from the Seller’s acknowledgment of the non-conformity or hidden defect. Reimbursement may be made by bank transfer or check.

The Seller’s liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country to which the Products are delivered, which the Client must verify,
• in cases of misuse, professional use, negligence, or lack of maintenance by the Client, as well as normal wear and tear, accidents, or force majeure,
• photographs and graphics presented on the site are not contractual and do not engage the Seller’s liability.

In any case, the Seller’s warranty is limited to the replacement or reimbursement of non-compliant or defective Products.

ARTICLE 9 – Personal Data

The Client is informed that the collection of their personal data is necessary for the sale of Products by the Seller and for their transmission to third parties for delivery purposes. This personal data is collected solely for the performance of the sales contract.

9.1 Collection of Personal Data

The personal data collected on the website www.bagagecollection.com are as follows:

Product Orders:

When ordering Products, the Client provides: Name, First Name, Email, Phone Number, Delivery Address.

Payment:

For payment of Products offered on the website, financial data related to the Client’s bank account or credit card are recorded.

9.2 Recipients of Personal Data

Personal data are reserved for the sole use of the Seller and its employees.

9.3 Data Controller

The data controller is the Seller, as defined by the French Data Protection Act and, from May 25, 2018, under Regulation (EU) 2016/679 on the protection of personal data.

9.4 Limitation of Processing

Unless the Client gives explicit consent, their personal data will not be used for advertising or marketing purposes.

9.5 Data Retention Period

The Seller will retain collected data for a period of 5 years, covering the limitation period of contractual civil liability.

9.6 Security and Confidentiality

The Seller implements organizational, technical, software, and physical measures to protect personal data against alteration, destruction, and unauthorized access. However, the Internet is not completely secure, and the Seller cannot guarantee the security of data transmission or storage online.

9.7 Implementation of Clients’ Rights

In accordance with applicable data protection regulations, Clients and users of the website www.bagagecollection.com have the following rights:

• They may update or delete their data by contacting us or through their account settings.
• They may delete their account by writing to the email address indicated in Article 9.3 “Data Controller”.
• They may exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3.
• If the personal data held by the Seller is inaccurate, they may request the correction of such information in writing to the address indicated in Article 9.3.
• They may request the deletion of their personal data in accordance with applicable data protection laws by writing to the address indicated in Article 9.3.
• They may also request the portability of data held by the Seller to another provider.
• Finally, they may object to the processing of their personal data by the Seller.

These rights, provided they do not oppose the purpose of processing, may be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above. The Data Controller must respond within a maximum of one month. If the request is refused, the Client will be provided with the reasons for the refusal.
The Client is informed that in case of refusal, they may file a complaint with the CNIL (3 Place de Fontenoy, 75007 PARIS) or take legal action.
The Client may be invited to tick a box to accept receiving informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or following the unsubscribe link.

ARTICLE 10 – Intellectual Property

The content of the website www.bagagecollection.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

ARTICLE 11 – Applicable Law & Language

These General Terms and Conditions of Sale (GTC) and the transactions arising therefrom are governed by and subject to French law.
These GTC are written in French. In the event of translation into one or more foreign languages, only the French text shall prevail in case of dispute.

ARTICLE 12 – Disputes

For any complaint, please contact Customer Service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.
The Client is informed that they may, in any case, resort to conventional mediation with existing sector-specific mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The designated mediator is: [to be specified].

The Client is informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show.
All disputes arising from purchase and sale transactions concluded under these GTC that have not been resolved amicably between the Seller and the Client or through mediation will be submitted to the competent courts under ordinary law.

The consumer has a period of fourteen (14) calendar days to exercise their right of withdrawal after purchasing a product on our website. Please find attached the withdrawal form to complete: download.