Terms of Sales

Preamble

The website www.bagotier.com (hereinafter referred to as the “Site”) is an e-commerce site accessible via the Internet network, open to any user of this network (hereinafter referred to as “Internet user”). It is published by the company BAGOTIER LTD.

The Site allows Bagotier to offer travel products and accessories under the Bagotier brand (hereinafter referred to as the “Products”) to Internet users on the Site (hereinafter referred to as “Customers”). For the purposes hereof, it is agreed that the Customer and Bagotier will collectively be referred to as the “Parties” and individually referred to as the “Party” and that the Customer who has validated an order will then be referred to as the “Buyer”.

Any order of a Product proposed on the Site implies the buyer’s adhesion to the present general conditions of sale.

Bagotier reserves the right to modify at any time these general conditions of sale by publishing a new version on the Site. The general conditions of sale are those in effect on the date of the order.

Object

These general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site, they apply to the exclusion of any other document.

Products – Price

Products

Only the Products appearing on the Site on the day of its consultation by the Customer are offered for sale. Product offers are limited to Metropolitan France, Italy, Spain, the United States and Canada.

Price

Prices are quoted in Canadian dollars. For any order delivered outside of Canada, customs duties or local taxes may be required by the competent authorities. These costs are the sole responsibility of the Client and are his / her sole responsibility.

The fixed amount of participation in the costs of preparation and delivery will be communicated to the Customer on the correct order summary, before validation of the latter.

The price information on the site is subject to change without notice.

Order

Registration of the order

The Customer who wishes to place an order chooses the product or products of his choice by clicking on «Add to cart»

At any time the Client may:

♣ check the number of Products contained in its basket and obtain detailed information on each of them by clicking on «BASKET»,

♣ Continue to select Products by clicking on the “Continue shopping” button

♣ complete the order by clicking on the “Order” button

Any new Customer must fill in the fields provided to create his customer account. The Client must fill in the form provided, including the information necessary for his identification, including his e-mail address and a password of his choice (which will be personal and confidential) for later use to identify themselves on the site.

Any Client already holding a Client account must identify himself after clicking on “Validate”, entering his e-mail address and password.

The Client accepts that the seizure of these two identifiers is proof of his identity.

The provision of personal information collected in connection with distance selling is mandatory, as this information is necessary for the processing and delivery of orders as well as for the preparation of invoices. This information is strictly confidential.

After having taken note of his order, and once all the requested information has been completed by the Customer, the Customer becomes aware and accepts the General Conditions of sale by ticking the box provided for this purpose, before validating his order on the site.

Confirmation of the order

Validation of the confirmation of the basket constitutes an electronic signature. This signature has the same value as a handwritten signature between the Parties and is proof of the entirety of the order and of the eligibility of the sums due in execution of the said order. As soon as he has validated his order, the Customer becomes Buyer. The latter will pay his order by Paypal payment account. If the Customer wishes to pay his order by credit card, he must transmit the number of his credit card. Depending on the type of the latter, the expiry date of the latter as well as the cryptogram number.

In order to combat bank card fraud, BAGOTIER reserves the right to cancel any order that does not originate from a verified Paypal account.

Payment

The price due by the Buyer is the amount indicated on the summary document of the order. In any case, the amount debited will correspond to the Product (s) actually delivered. The debit of the amount will be effective when the parcels are delivered to the carrier (except payment by Paypal account with immediate debit).

The server and the payment page are secured by Secure Socket Layer (SSL) encryption so as to protect most data related to the means of payment as efficiently as possible and that at no time will the banking data The Buyer are only collected on the BAGOTIER computer system.

Discount codes

♣ User Account Codes: discont codes can be offered at any time to Client account holders. These benefit codes can only be used on purchases made through the account for which the discount code was offered and registered.

♣ promotional discount codes: promotional discount codes applicable to all or certain purchases made on the Website may be offered at any time.

Acknowledgement of receipt of order

At the end of the payment, a summary document of the order is transmitted to the purchaser by e-mail to the electronic address indicated by the latter.

This document constituting acknowledgment of receipt shall contain all the constituent elements of the contract concluded between the Parties.

Delivery

Bagotier will make every effort to ensure that the order is delivered within the average delivery times indicated for each delivery method. It is specified that the orders recorded on the website www.bagotier.com on Thursday after 12H, Saturday or Sunday are processed the following Monday. Orders placed on the www.bagotier.com website on a holiday other than Friday, Saturday and Sunday are also processed the following business day.

During periods of high activity, delivery times can be extended by several days.

Thanks to the shipping number, the Buyer can follow the routing of his package on the website of the carrier chosen by him. The Buyer is informed that it is his responsibility to provide exactly the details necessary for the proper delivery of his order and for the perfect delivery (appt number, floor, access specifications …). If the Buyer is absent during delivery, a notice of transit informs the Purchaser of the terms of the retention of its parcel and its availability, under the full and exclusive responsibility of the carrier. If the delivery address specified by the Purchaser is invalid and induces a return of the parcel for non-receipt at the indicated address, the expenses of reshipment of the parcel to the new address transmitted will be at the expense of the Purchaser . The Buyer is solely and exclusively responsible for the risks relating to the items as of their delivery.

The Products ordered by the Buyer are delivered in France Metropolitan, Italy, Spain, United States and Canada indicated by the Purchaser on the page of the definitive validation of his order, accompanied by a delivery note. The Buyer has the option of having the Products delivered to a different address than his own. Delivery will not be carried out in case of extreme cases, transport strikes and / or postal services.

For any order delivered outside of Canada, an entry fee specific to the country of delivery of the Buyer may be requested upon receipt of the package.

Items are delivered within the limit of available stock. In the event of unavailability of the ordered product, Bagotier will contact the Customer to inform him, and following the choice of the Customer, will proceed to the replacement or cancellation of the unavailable part, and will honor the order for the other products. The Customer will be Invoiced only for products actually shipped when paying by credit card. Bagotier will make the refunds on Paypal or credit card as soon as possible.

Receipt of Order

Upon receipt of the order, the Buyer will verify the conformity of the Products received in execution of his order. Any anomalies concerning delivery (ie missing or damaged products, damaged packages) must be notified, within 15 days of receipt of the Products.

Unless legitimate reason, any complaint made beyond the 15 days following the reception of the Products will be considered inadmissible, the responsibility of Bagotier can not be engaged.

Bagotier reserves the right to ask the Buyer to return the Product that is not in conformity or damaged.

In the event of abnormal or abusive returns, Bagotier may refuse to serve a subsequent order.

Refund and exchange

Refund

The Buyer has a period of fifteen (15) days to make a request for refund or exchange on his personal space at www.bagotier.com upon receipt of his order.

Upon receipt of the confirmation email, the buyer will have 7 working days to return the product(s) ordered. The product(s) will have to be returned in its (their) packaging and their original packaging and in new condition NEVER used

The expenses relating to the return of a parcel are the responsibility of the Purchaser.

In case of receipt of a defective product or an error of size or reference, the transportation costs will be reimbursed up to $20.

If the above conditions are fulfilled, Bagotier will refund to the Purchaser the total amount of his order, within fifteen (15) days of receipt by Bagotier of the products, except for the cost of posting the products if they Shall be borne by the Purchaser.

This right is in addition to and different from the right of withdrawal.

Exchange

Without prejudice to the provisions of the legal warranty, the Buyer has fifteen (15) days from the date of receipt of his order to request the exchange of the Product (s). Only items returned on time, in their original packaging, unwashed, unworn can be exchanged.

The exchange for Buyers having placed an order on the site www.bagotier.com:

Buyer can return his order using Bagotier’s return service by logging into his customer area. Our customer service will be responsible for creating an asset and then exchanging it with the desired product (subject to the availability of the latter). The cost of sending the exchanged product will be charged to the customer for all orders sent. This service may be disabled during certain business operations.

Right to Retract

The Buyer has a period of 7 days from the day of receipt of the goods to cancel his order without justification.

Beyond this period, the Buyer can no longer use his right of withdrawal.

To exercise your right of withdrawal, a letter must be sent to the following address: Bagotier – Customer Service, 1360 Beaulac Street H4R 1R7 Montreal or by email to customerservice@bagotier.com.

Bagotier will refund the total amount of the order to the Buyer within fourteen (14) days of receipt by Bagotier of the Products, with the exception of the cost of returning the Products which are the responsibility of the Purchaser.

The delivery costs of the initial order are refunded to the amount of the standard delivery.

The Product (s) will have to be returned in their (their) packaging and their original packaging and never used.

The refund will be made via the means of payment initially used at the time of the order within 14 days after receipt of the returned items.

Canceled orders must be returned to the following address: BAGOTIER – Customer Service, 1360 Rue Beaulac, H4R 1R7.

Computing and Freedom

Privacy Policy

The personal data collected on the Site are intended for BAGOTIER with the consent of the Customer.

BAGOTIER is committed to protect the personal data of its Clients.

All personal data concerning the Customer collected by BAGOTIER are treated with the strictest confidentiality.

Customers’ information and personal data are necessary for managing orders and relations with Customers, as well as keeping them informed of all commercial offers and information that may be of interest to them.

This information and the management of the Orders are also kept for security purposes.

In accordance with the law, the Customer has a right of access, rectification and opposition to personal data concerning him.

To exercise this right, the Customer must send an email or a letter to the Customer Service of BAGOTIER by writing serviceclient@bagotier.com.

Each application must be signed and accompanied by a photocopy of an identity document bearing the signature of the Client and specify the reply address. This reply will then be sent within 2 weeks of receipt of the request.

In accordance with current legislation, such information will only be sent to the Client if and only if he has expressly agreed to receive it.

Cookies

The Site uses the use of cookies. The cookie is a computer file in alphanumeric format, deposited on the hard disk of the Client’s microcomputer by the server of the visited site or by a third-party server.

It is intended to signal a previous visit of the Customer to the Site. Cookies are used by BAGOTIER only for the purpose of personalizing the service offered to the Customer.

The Customer retains the option to refuse cookies by configuring its Internet browser. He then loses the possibility of personalizing the service delivered to him by BAGOTIER via the Site.

Various Stipulations

Extreme cases

BAGOTIER shall not be liable for the total or partial non-performance of its obligations under this contract, if such non-performance is caused by an event constituting extreme cases, in particular in the event of a total or partial disruption or strike, in particular services Postal and conveyance and / or communication, flood or fire.

The Parties agree to consult together as soon as possible to determine how the order will be processed during the period of extreme cases.

Beyond a period of one (1) month interruption in case of extreme cases, the Parties shall be released from their obligations to each other.

Entirety of the Agreement

The present general conditions of sale and the summary of order sent to the Buyer form a contractual set summarizing the entirety of the agreements between the parties.

Retention and archiving of transactions

The archiving of invoices is carried out on a reliable and durable support so as to correspond to a faithful and lasting copy.

Applicable Law – Competent Jurisdictions

These general terms and conditions of sale and the contractual relationship between BAGOTIER and the Purchaser are subject to Canadian law. In case of exclusive jurisdiction dispute is assigned to the competent Canadian courts. BAGOTIER undertakes, however, to seek an amicable solution before any legal action.

Business offers and Newsletters

BAGOTIER is able to address to the Clients commercial offers by email, text message or via all webspace animated by BAGOTIER or on the social networks, subject to prior acceptance.

The Client has at any time the faculty to oppose without charge his conspiracy mailings, by clicking on the link “unsubscribe” in each email.

Intellectual Property

Bagotier holds the intellectual property rights:

♣ on the Articles proposed on the Site,

♣ on the Site, and in particular on its structure, on the organization and titling of its headings, on its visual and graphic identity, its design, its ergonomics, its functionalities, software, text, animated images or Sound, know-how, drawings, graphics and any other element making up the Site,

♣ on databases, their structure and contents, designed and managed by Bagotier for the purpose of publishing the Site,

♣ on all design elements of the Site whether graphic or technical,

♣ on the names, acronyms, logos, colors, graphics, or other signs that may be used, realized or implemented by Bagotier.

It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements mentioned in the preceding paragraph, as well as to alter the marks, patents, names, abbreviations, logos, colors, graphics or other Signs contained on the materials made available on the Site, and more generally to use or exploit these elements other than in the context of the execution of the present.

As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and use of copies made for other purposes being expressly prohibited.

Any other use, without the prior written authorization of BAGOTIER constitutes infringement and sanctioned under intellectual property.

Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written agreement of BAGOTIER