Terms and Conditions

Last Updated: 29/07/2024

 

Article 1 – LEGAL NOTICE

 

This website, accessible at the URL botgleam.com (the "Site"), is published by:

 

YBD EI, a sole proprietorship registered with the R.C.S. of Pontoise under number 980 245 658, with its head office located at 8 Mail Gay Lussac, 95000 Neuville-sur-Oise, France,

 

(Hereinafter referred to as the "Operator").

 

The Operator can be reached at the following email address: support@botgleam.com.

 

Throughout the site, the terms "we", "our", and "us" refer to YBD EI.

 

Article 2 – GENERAL PROVISIONS RELATING TO THE GENERAL TERMS AND CONDITIONS

 

The General Terms and Conditions of Sale (the "General Terms and Conditions of Sale", or the "GTCS") apply exclusively to the online sale of products offered by the Operator on the website.

The GTCS are made available to customers on the website where they can be directly consulted and can also be communicated to them upon simple request by any means.

The GTCS are binding on the customer who acknowledges, by ticking a box or clicking on the button provided for this purpose, that they have read and accepted them before placing an order. The validation of the order by its confirmation implies the buyer's adherence to the GTCS in force on the date of the order, which the Operator ensures are preserved and reproduced.

 

Article 3 – DESCRIPTION OF PRODUCTS

 

The Site is an online sales site of window cleaning robots (hereinafter the "Product(s)") open to any individual or legal entity using the Site (the "Client").

 

Each product presented on the Site is subject to a description (provided by the supplier or accessible on the manufacturer's website through a link available on the Site) detailing its essential characteristics. Any photographs illustrating the products are not contractual documents. The product's user manual, if it is an essential element, is available on the Site or will be sent at the latest upon delivery. The Products comply with the applicable French laws.

 

The Client remains responsible for the terms and consequences of their access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers, such as Internet access providers, which remain the Client’s responsibility. Additionally, the Client must provide and be fully responsible for the equipment necessary to connect to the Site.

 

The Client acknowledges having verified that the computer configuration used is secure and in working order.

 

Article 4 – ORDERS

 

The Operator strives to ensure optimal availability of its Products. Product offers are valid within the limits of available stocks.

If, despite the Operator’s best efforts, a Product becomes unavailable after the Client's order, the Operator will inform the Client by email as soon as possible, and the Client will have the choice between:

- The delivery of a Product of equivalent quality and price to the one initially ordered, or
- The refund of the price of the ordered Product within thirty (30) working days from the payment of the amounts already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Client, the Operator is not required to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to the Operator.

Except for any contrary provision stated in these General Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, Client orders are firm and final.

When placing an order, the Client must select the chosen Products, add them to their basket by indicating the selected Products and the desired quantities. The Client can check the details of their order and its total price, and return to the previous pages to possibly correct the content of their basket before validating it.

The Client agrees to read the General Terms and Conditions of Sale in force before accepting them and confirming the terms and any delivery and withdrawal fees prior to paying for their order. The confirmation of the order constitutes acceptance of the GTCS and forms the contract.

A copy of these General Terms and Conditions as accepted by the Client will be sent to the Client by email at the time of order confirmation, so that the Client can refer to them.

The contractual information related to the order (including the order number) will be confirmed by email in due course and at the latest at the time of delivery. The Operator strongly recommends that the Client print and/or archive on a reliable and durable medium this order confirmation as proof. A digital invoice is made available to the Client in the "my account" area. The Operator also advises the Client to print and/or archive this invoice on a reliable and durable medium as proof.

Any email sent to the Client within the framework of an order will be sent to the email address used by the Client to identify themselves in their client area.

The Operator reserves the right not to validate the Client’s order for any legitimate reason, including if:

- The Client does not comply with the General Terms and Conditions in force when placing the order;
- The Client's order history shows that sums remain due for previous orders;
- One of the Client's previous orders is under dispute;
- The Client has not responded to a request for order confirmation that the Operator has sent.

The Operator archives sales contracts for Products in accordance with applicable law. By making a request to the following address: support@botgleam.com, the Operator will provide the Client with a copy of the contract in question.

Any modification of the order by the Client after confirmation of their order is subject to the agreement of the Operator.

The information provided by the Client when placing the order (including name and delivery address) is binding on the Client. Thus, the responsibility of the Operator cannot be engaged in any way in the event that an error during the order prevents or delays delivery.

The Client declares to have full legal capacity to engage under these General Terms and Conditions.

Registration is open to capable adults and minors, provided that they act under the supervision of a parent or guardian holding parental authority. Under no circumstances is registration authorised on behalf of third parties unless duly authorised to represent them (e.g., legal entity). Registration is strictly personal to each Client.

In case of a breach by the Client of any of the provisions of these terms, the Operator reserves the right to terminate the Client’s account without notice

 

Article 5 – PAYMENT METHODS AND SECURITY

 

The Client expressly acknowledges that any order placed on the Site is an order with payment obligation, requiring the payment of a price against the provision of the ordered Product.

In any event, the Operator reserves the right to check the validity of the payment, before the dispatch of the order, by any means necessary.

The Operator uses the online payment solution Shopify Payments.

Orders can be paid using one of the following payment methods:

• Payment by credit card. Payment is made directly on the secure bank servers of the Operator's bank, and the Client's bank details do not pass through the Site. The bank details provided at the time of payment are protected by SSL (Secure Socket Layer) encryption. This way, these details are not accessible to third parties.

The Client's order is recorded and validated upon acceptance of payment by the bank.

The Client's account will be debited for the corresponding amount only when (i) the credit card data used has been verified, and (ii) the debit has been accepted by the bank that issued the credit card.

The inability to debit the amounts due will result in the immediate nullity of the sale.

The credit card may be refused if it has expired, if it has reached the maximum expenditure amount the Client is entitled to, or if the data entered is incorrect.

• Payment by electronic wallet (e.g., PayPal). The Client already has an account with the electronic wallet used by the Operator. The Client can use this account and pay for their order safely without providing their bank details.

If applicable, the Client’s validated order will only be considered effective when the secure bank payment centre has given its agreement on the transaction.

As part of the control procedures, the Operator may request from the Client any documents necessary to complete the order. These documents will not be used for any purpose other than this.

 

Article 6 – PAYMENT OF THE PRICE

 

The price of the Products in force at the time of the order is indicated inclusive of all taxes (VAT included) excluding delivery and transport costs. In the event of a promotion, the Operator undertakes to apply the promotional price to any order placed during the period of the promotion.

The price is payable in full upon confirmation of the order. The prices offered include any discounts and rebates that the Operator may grant.

If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the order is validated by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.

 

Article 7 – FORMATION OF THE CONTRACT

 

The contract between the Operator and the Customer is formed at the moment the Customer sends the confirmation of their order.

The Customer's attention is particularly drawn to the method of accepting the order placed on the Website. When the Customer places their order, they must confirm it using the "double-click" technique, meaning that after selecting Products added to the cart, the Customer must review and, if necessary, correct the contents of their cart (identification, quantity of selected products, prices, delivery methods and costs) before validating it by clicking on "I confirm my delivery". They then acknowledge acceptance of these General Terms and Conditions before clicking on the "I pay" button, and finally, they confirm their order after entering their payment details. The "double-click" constitutes an electronic signature, equivalent to a handwritten signature, and represents an irrevocable and unconditional acceptance of the order by the Customer.

The Operator ensures the archiving of communications, order forms, and invoices on a reliable and durable medium to provide a faithful and durable copy. These communications, order forms, and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by phone constitute proof of all transactions between the Operator and its Customers.

The order may be cancelled by the Customer by registered letter with a request for acknowledgment of receipt or by writing on another durable medium in the following cases:

• Delivery of a Product not conforming to the declared characteristics of the Product;
• Delivery exceeding the deadline specified in the order form or, if not stated, within thirty (30) working days following the conclusion of the contract, after the Operator has been requested, under the same conditions and without result, to deliver within a reasonable additional period;
• Price increase that is not justified by a technical modification of the product imposed by public authorities.

In all these cases, the Customer may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.

The order may be cancelled by the Operator in the following cases:

• Refusal by the buyer to accept delivery;
• Non-payment of the price (or the balance of the price) at the time of delivery.

 

Article 8 – SHIPPING AND DELIVERY

 

Delivery refers to the transfer to the Customer of physical possession or control of the Product.

Shipping costs are those specified at the time of order completion and are accepted by validating the order.

The Operator undertakes to deliver the Products within a maximum of 3 to 5 working days after receipt of the order, in accordance with the delivery deadline indicated on the Website for each Product.

Delivery times are stated in working days on the Website at the time of order. These times include order preparation and shipping, as well as the time allotted by the carrier.

The Operator commits to dispatch the Products according to the deadlines indicated on each Product page and at the cart level, provided that payment for the order has not been previously declined.

However, if one or more Products cannot be delivered within the initially announced time, the Operator will send an email to the Customer indicating the new delivery date.

The Products will be delivered to the address specified by the Customer when placing the order. Therefore, it is the Customer's responsibility to ensure that this address is accurate. The Operator cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

Upon delivery, a receipt may need to be signed.

No deliveries will be made to a PO Box.

Upon delivery, it is the Customer's responsibility to verify that the delivered Products conform to their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate it on the delivery note. No claims regarding the quantity or condition of the Product will be accepted if they are not noted on the delivery note.

 

Article 9 – RETURNS AND REFUNDS

 

We want you to be completely satisfied with your purchase from us. If for any reason you are not satisfied with your product, we offer a 30-day refund policy from the date of purchase.

Even if the product has been opened or used, we accept returns for a full refund of the purchase price. We also cover the return shipping costs.

Please note that to be eligible for a refund, the product must include all original accessories and packaging materials. Otherwise, we reserve the right to refuse the refund or only offer a partial refund.

To request a refund, please contact our customer service via email to obtain a return authorization. We will process your refund request as quickly as possible.

To complete your return, we require your order confirmation email.

If you wish to request a refund, please send us an email at support@botgleam.com, and we will provide you with the steps to follow.

We are committed to providing high-quality products and excellent customer service. If you have any questions or concerns about our refund policy, please do not hesitate to contact us.

 

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also inform you of the approval or rejection of your refund.

If your request is approved, your refund will be processed and automatically applied to your credit card or original method of payment.

 

Late or Missing Refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again. It may take some time before your refund is officially posted. If you haven’t received your refund within 2 weeks, please contact us at support@botgleam.com.

 

 

 

Article 10 – LIABILITY AND WARRANTY

The Operator shall not be held responsible for the non-performance of the contract due to the Customer's actions or because of an event classified as force majeure by the competent courts or due to any unforeseeable and insurmountable act by any third party not related to this agreement.

The Customer acknowledges that the characteristics and constraints of the Internet do not allow for a guarantee of the security, availability, and integrity of data transmissions over the Internet. As such, the Operator does not guarantee that the Site and its services will operate without interruption or error. In particular, their operation may be temporarily interrupted for maintenance, updates, or technical improvements, or to enhance the content and/or presentation.

The Operator cannot be held liable for any use of the Site and its services by Customers that violates these General Conditions or for any direct or indirect damages that such use could cause to a Customer or third party. In particular, the Operator cannot be held liable for any false statements made by a Customer and their behaviour towards third parties. In the event that the Operator's liability is sought due to such behaviour by one of its Customers, the latter undertakes to indemnify the Operator against any judgement pronounced against it as well as to reimburse the Operator for all expenses, including legal fees, incurred in its defence.

Apart from any additional contractual warranty (commercial warranty) that may be granted, the Products are covered by the legal warranty of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code (notably L. 217-4 to L. 217-14 of the Consumer Code), and by the warranty against hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

When you act within the framework of the legal warranty of conformity:

• You have a period of two (2) years from the delivery of the goods to take action;
• You can choose between the repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
• You are exempted from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

You can decide to implement the warranty against hidden defects of the item sold as per Article 1641 of the Civil Code. In this case, you can choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

 

Article 11 – AFTER-SALES SERVICE

 

After-sales services provided by the Operator that are not covered by the commercial warranty are subject to a contract, a copy of which is provided to the Customer.

Claims made under the warranties must be addressed to the after-sales service at the following contact details:

• Email address: support@botgleam.com

The Customer will be reimbursed for return postage costs no later than ten (10) business days following the receipt of the product by the Operator.

 

Article 12 – GENERAL PROVISIONS

 

ENTIRE AGREEMENT

These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They represent the entirety of the rights and obligations of the Company and the Operator concerning their subject matter. If one or more provisions of these General Conditions are declared null and void pursuant to a law, regulation, or final decision by a competent court, the remaining provisions will retain their full force and effect. Furthermore, the fact that one party does not enforce any breach by the other party of any of the provisions of these General Conditions should not be interpreted as a waiver of the right to enforce such a breach in the future.

 

CHANGES TO THE TERMS

The Operator reserves the right to modify the content of the Site or the services available thereon at any time and without notice, and/or to temporarily or permanently cease the operation of all or part of the Site.

Additionally, the Operator reserves the right to change the location of the Site on the Internet, as well as these General Conditions, at any time and without notice. Therefore, the Customer is required to review these General Conditions before using the Site.

The Customer acknowledges that the Operator cannot be held liable in any way to them or any third party for any modifications, suspensions, or cessations.

The Operator advises the Customer to save and/or print these General Conditions for safe and durable keeping, so that they can be referenced at any time during the execution of the contract if needed.

 

COMPLAINTS – MEDIATION

In the event of a dispute, the Customer will first contact the Company to try to find an amicable solution. In case of difficulties in the application of this contract, the consumer Customer also has the option, before any legal action, to seek the help of a consumer mediator, whom you can identify on the website https://www.economie.gouv.fr/mediation-conso.

The mediator will attempt, in complete independence and impartiality, to bring the parties together to reach an amicable solution. The parties remain free to accept or refuse the mediation as well as, in case of mediation, to accept or reject the solution proposed by the mediator.

In this context, any European consumer can also access the Online Dispute Resolution Platform (ODR) accessible at the following URL: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage

It is recalled that the search for an amicable solution does not interrupt the "brief delay" of the legal warranty, nor the duration of the contractual warranty. It is also recalled that, as a general rule and subject to the courts' assessment, the compliance with the provisions of this contract relating to warranties implies that the Customer fulfils their financial obligations towards the seller.

 

APPLICABLE LAW

These General Conditions are governed, interpreted, and applied in accordance with French law.

 

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Conditions carefully.

By registering on the Site, the Customer confirms having read and accepted the General Conditions, thereby binding them contractually by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a dated copy of which can be provided to the Customer upon request. It is therefore specified that any modification of the General Conditions made by the Operator will not apply to any order placed prior to the modification unless expressly agreed upon by the Customer at the origin of a given order.