Terms of Sale

• 1) INTRODUCTION

This document (and any document mentioned below) establishes the general conditions of use of this website (www.bai-day.com) as well as the general conditions of purchase of products through the latter (here in after the “Conditions”).
Please read these Terms carefully, our cookie policy and our privacy policy (here in after the "Data Protection Policies") before using this site Internet. By using this website or placing an order on it, you agree to be bound by these Terms to our Data Protection and Management Policies, that user Data may be shared and used by our services and partners (Apple, Google, Paypal, carriers) to improve the quality of our services. If you do not accept the whole of the Data Protection Conditions and Policies, please do not use this website. These Conditions are subject to change. It is your responsibility to consult them regularly, because the applicable conditions will be those in force at the time of use of this site Internet or the conclusion of the Contract (as described below).
If you have any questions regarding the Conditions or the Data Protection Policies, please contact us by completing the form provided for this purpose.
The Purchase Agreement concluded between us (here in after referred to as the "Agreement") can be concluded, at your option, in any of the languages ​​in which the Terms are available on this website.

• 2) OUR DETAILS

The sale of products through this website is carried out under the name BAI-DAY by GOROSEI, with capital of 1000€, whose head office is located at 29ter rue Albert Caron, Suresnes, FRANCE, registered in the Paris Trade and Companies Register under number 889 458 535 reachable at the email address : direction-store@bai-day.com. 

• 3) YOUR DETAILS AND YOUR VISITS TO THE WEBSITE

The information or personal data that you communicate to us will be processed in accordance with the Data Protection Policies. By using this website, you consent to the processing of this information and contact details and you declare that all the information or contact details provided are true and correct.

• 4) USE OF OUR WEBSITE

By using this website and placing orders on it, you agree to:

1. Use this website only to carry out consultations or place orders legally valid.
2. Do not place false or fraudulent orders. If we have reason to believe that such order has been placed, we will be allowed to cancel it and notify the relevant authorities. 
3. We provide your email address, postal address and / or other true contact details and accurate. Likewise, you authorize us to use this data so that we can contact you as part of your order, if applicable (see our privacy policy). You will not be able to place an order if you do not provide us with all the required data. By placing an order on this website, you represent that you are over 18 years of age and that you have the legal capacity to enter into contracts.

• 5) AVAILABILITY OF SERVICES

We offer free delivery service worldwide, covering North and Souh America, Europe, Asia, Africa and Oceania. Enjoy hassle-free shopping with convenient, reliable shipping.

• 6) VALIDATION OF THE CONTRACT

To order, you must follow the online purchase procedure and click on "Authorize payment". You will then receive an email confirming that your order has been taken into account. You will also be informed by email of the shipment of your order. An electronic ticket stating the details of your order will be attached to the shipping confirmation.

• 7) AVAILABILITY OF PRODUCTS

All product orders are subject to product availability. In this sense, in case of supply difficulties or if the products are no longer in stock, we reserve the right to inform you about the possibility of ordering replacement products of a quality or same or greater value. If you do not wish to order these replacement products, we will reimburse you for any amount paid. 

• 8) REFUSAL TO PROCESS AN ORDER

We reserve the right to remove any product from this website at any time and to replace or modify any content or information contained there in. Although we always put everything in works to best meet all orders, exceptional circumstances may arise such as a manufacturing or stock issue or payment incident, and require us to refuse to process an order after sending you the order confirmation. We reserve ourselves this right at any time. In this case, if payment has already been made, we will all refund the amounts paid, excluding delivery costs as soon as possible, according to the same payment method that you used during the transaction. In any case, this reimbursement will not incur any costs at your expense. We cannot be held responsible to you or any other third party for the withdrawal of a product from this website. The cancellation or modification of any material or content contained there in, or the non-processing an order in the cases referred to above, after sending the dispatch confirmation.  

• 9) DELIVERY

Subject to the provisions of clause 7 above relating to product availability, and
except in exceptional circumstances, we will make every effort to deliver the product(s) listed on the dispatch confirmation before the deadline indicated on this same dispatch confirmation or, if no date is indicated, within the indicative timeframe, and, in all cases, within a maximum period of 30 days from the date of the order confirmation.

However, delays may occur in the event of unforeseen circumstances or for reasons related to instead of delivery. If we are unable to  delivery for any reason, we will notify you and offer you to continue the purchase process with a new date delivery, or cancel your order and refund you the full amount you have paid. Please take into account that no home delivery is made on sundays or on public holidays. For the purposes of these conditions, the "delivery" will be deemed to have been made or the order will be considered as having been "delivered", when you or a third party you have designated will be in physical possession of the products, which will be materialized by the accused of receipt of the order you have given us.

• 10) IMPOSSIBILITY OF DELIVERY

If it is not possible to deliver your order, we will try to find a safe place to drop off your package. If we cannot find a safe location, your order will return to the warehouse. We will also leave you a notice indicating the location of your order and the procedure for making a new delivery. If you are not at the delivery location at the agreed time, please contact us to organize another delivery at a later date.

If the order has still not been delivered, for reasons which are not attributable to us, after a period of 30 days following the date on which your order was available for delivery, we consider that you wish to terminate the contract and it will be terminated. Consequently upon termination of the contract, we will reimburse you for all amounts paid, including the costs of delivery, as soon as possible and, within in any case, within 14 days from the moment when the contract is considered to be terminated. Please take into account that we will be authorized to charge you the transport costs additional costs inherent in the termination of the contract.

This clause does not apply to the contests. 

• 11) TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

You will assume the risks relating to the products from the delivery as defined in clause 9 above. Ownership of the products will only be transferred to you upon receipt of full payment of the amounts due, including delivery charges, or at the time of delivery (as defined in clause 9 above) if it occurs at a date subsequent to payment.

• 12) PRICE AND PAYMENT

The price of the products will be that indicated at all times on our website, except in the event of an error manifest. Mistakes may occur due to our best efforts to ensure that prices posted on the website are correct. If we detect an error in the price of the product (s) that you have ordered, we will inform you as soon as possible and you will either confirm your order at the correct price, or cancel this order. If we don't get to you contact, the order will be considered canceled and we will refund you all amounts paid.We are under no obligation to sell a product at the wrong lower price (even after you have sent an Order Confirmation), if the error is obvious and unambiguous and you are reasonably able to determine as such. 

Prices can be arranged at any time. However, no change will affect the orders for which a Dispatch Confirmation has already been sent, with the exception of case succeed above. After choosing all the products you want to buy, they will be added to your shopping cart. We then proceed to process your order and you will be prompted to make payment. To this end, you must follow the various stages of the purchasing process by checking the information required for each of them. During the purchase process, you always have the possibility to modify the data relating to your order before proceeding to payment. The buying process is explained in detail in our guide purchase. In addition, if you are registered as a user in our system, all data relating to the orders you have placed with us are are kept. You can make the payment using the following payment methods: Credit card, Visa, Mastercard, American Express and Apple Pay as well as through PayPal. We accept 98 different currencies around the world. You can select the currency of your choice from the menu or the bottom of the page.

Supported Currencies:

AED	GTQ	RUB
ALL	GYD	SAR
ANG	HKD	SBD
AOA	HNL	SCR
AUD	HUF	SEK
AWG	IDR	SGD
BAM	ILS	SHP
BBD	ISK	SLL
BGN	JMD	SRD
BIF	JPY	SZL
BMD	KES	THB
BND	KMF	TJS
BOB	KRW	TOP
BRL	KYD	TTD
BSD	LAK	TWD
CAD	LKR	TZS
CDF	MDL	USD
CHF	MGA	UYU
CLP	MKD	VND
CNY	MNT	VUV
COP	MUR	WST
CRC	MVR	XAF
CVE	MXN	XCD
CZK	MYR	YER
DJF	NAD
DKK	NIO
DOP	NOK
DZD	NPR
EGP	NZD
ETB	PEN
EUR	PGK
FJD	PHP
FKP	PLN
GBP	PYG
GIP	QAR
GMD	RON
GNF	RSD

 

• 13) PURCHASE OF PRODUCTS AS A GUEST

The site also offers you the opportunity to purchase products as a guest. By virtue of this method of purchase, you must provide only the data necessary to process your order. At the end of the purchase process, you are invited to register as a user or to continue in unregistered user quality. An invoice in electronic format will be available in the email confirming your order.

• 14) VALUE ADDED TAX

Purchases made through this website are subject to value added tax (VAT) at the rate legally in force on the day of the sale.

• 15) EXCHANGE / RETURN POLICY

15.1 Legal right of withdrawal

Right to retract:
As a consumer, you have the right to withdraw from the contract within 14 days without invoke motive. The withdrawal period expires after 14 days from the date on which you or a third party that the carrier you have designated takes physical possession of the products or, in the case of several products forming part of the same order but delivered separately, after 14 days at count from the date on which you or a third party other than the carrier designated by you take physical possession of the last product ordered. To exercise your right of withdrawal, please inform BAI-DAY of your decision by means of a declaration unequivocally written (including by e-mail or post). In order to comply with the withdrawal period, you just need to inform us of your decision to exercise your right of withdrawal before the expiry of this withdrawal period.

Effects of withdrawal: If you decide to withdraw from the contract, we will reimburse you for all amounts paid, including the costs of delivery to the place of initial delivery, soon as possible and, in any case, within 14 days from the day that we are informed of your decision to withdraw from this contract with a return process made in good conditions. Items must be returned soon as possible and in new condition or lightly opened within 30 days. Once the return has been received in good conditions, we will refund the order. The refund method will be the same as the payment method you used during the initial transaction. In any case, this reimbursement will not involve any costs at your expense except any cost of return.

15.2 Common provisions

You will not have the right to withdraw from the contract if it relates to the delivery of one of the following products :

1. Customized products.
2. CD / DVD without their original packaging.
3. Gift Card.
4. Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.

Your right of withdrawal from the contract will apply only to products which are returned within same conditions that you received them. We don't accept return and no refund will be given if the product has been used, if it is not in the same conditions than at the time of delivery, if it has been damaged or if the period of 30 days has expired. You are therefore requested to take good care of the product(s) in your possession. Please return the products at your expense using or including their original packaging, instructions and any other documents, if any, accompanying such products within 30 days of receipt of the entire order. In the event of withdrawal from the contract, the corresponding products must be returned in one of the ways following :

• Returns to a drop-off point / post office / return adress : To return one or more product (s) at "BAI-DAY : 29 ter rue Albert Caron 92150, Suresnes, FRANCE"

If you have purchased products as a guest, you can request a return to a drop-off point or at a post office using our return adress. After verifying the data regarding your order, you will receive an email with an adress to stick on the package which you want to drop off your package at the drop-off point or at the post office agreed. You will then bear the return costs. After examining the returned product, we will let you know whether or not you are entitled to the reimbursement of sums paid. Delivery costs will be refunded if the right of withdrawal is exercised during the legal period and if all the products in question are returned.

Reimbursement will be carried out as soon as possible and, in any case, within 14 days from the date to which you inform us of your decision to withdraw from the contract. Regardless of what above, we may withhold the refund until we have received the returned products or that you have provided us with proof of their return, whichever is the earliest. The refund method will always be the same as the payment method for your purchases.

The risks and costs associated with returning the products will be at your expense, as indicated above. For any questions, please contact us by completing the form provided for this purpose or by email at customerservice@bai-day.com.
Please note that, following the delivery of your order, in case of exercise of your legal right or contract of withdrawal and if you are the one who organizes the transport of the returned products, we will not be able to assume the risk associated with the return when it results from causes not attributable to BAI-DAY. You are also reminded that you are responsible for the content of returned packages.

In the event of an error in the contents of the returned package, no attributable to BAI-DAY, if it is possible to arrange a return of the package to you, we will do our best to resolve the problem with you but we advice you to ask to the transporter or the post office if they can fix the error.
In any case, nothing in this clause will prejudice your rights recognized by law.

15.3 defective products

If you believe that the product does not conform to the contract at the time of delivery within 30 days of receipt of the order, you must contact us immediately by mail, informing us of the characteristics of the product in question and the nature of defect, we will then tell you what to do. We examine the returned product in detail and notify you by email, in a reasonable time, whether the product can be exchanged or whether you are entitled to a refund (if applicable).

We refund or exchange the product soon as possible and, in all cases, within 14 days of the date on which we will have confirmed to you by mail that you are entitled to a refund or exchange of the product in question. If a defect or damage is found, the returned products are subject to a full refund, including delivery costs, however, the costs incurred for the return are your responsibility. The mode of refund will always be the same as the payment method for your purchases. All the rights you enjoy under the regulations in force are preserved in all case. Also, we inform you that we will not bear any cost of return.

• 16) RESPONSIBILITY AND DISCLAIMER

16.1. Our responsibility 

Under these Conditions, can not be engaged in the event that the non-performance of our obligations would be attributable to the act of a third party, your fault or an event of force majeure as defined by article 1218 of the Civil Code and by case law. Notwithstanding the foregoing, our liability will not be subject to any exclusion or limitation in the following cases:

1. death or bodily injury observed through our negligence;
2. fraud(s); or 
3. in all cases where it would be illegal or against the law to exclude, limit, or attempt to exclude or to limit our liability.

Due to the open nature of this website and the possibility that errors may arise.
Produce in terms of storage and transmission of digital information, we do not guarante neither the accuracy nor the security of the information obtained or obtained by means of this website, except contrary indications expresses.
All documents, descriptions and information relating to the products appearing on this website are provided "as is", without being covered by any warranty, express or implied, with the exception of guarantees provided for by law.

In this sense, if you are a party to the Contract as a consumer, we are required to deliver products that comply with the contractual provisions and we are
held liable to you in the event of a non-conformity verified at the time of delivery. The products are expected to comply with contractual provisions if the conditions are met: (i) they must conform to the description we have presented and have the characteristics that we have set out on this website; (ii) they must be adapted for the purposes for products like this are generic; (iii) they must meet the quality and performance criteria which are generally accepted for products of the same type and on can reasonably be expected. To the extent provided by law, all guarantees are excluded, with the exception of guarantees benefiting to consumers, who cannot legitimately be subject to any exclusion.

Indeed, GOROSEI guarantees consumers against lack of conformity and hidden defects. for products for sale on this website, in accordance with the legal guarantee of conformity provided to articles L.217-4 and following of the Consumer Code, and to the guarantee against hidden defects, to meaning of articles 1641 and following of the Civil Code, allowing you to return the delivered products defective or non-compliant.

Reminder of the provisions of the Consumer Code:

- Article L 217-4 of the Consumer Code: The seller is required to deliver goods in accordance with the contract and responds to any lack of conformity existing at the time of issue. It also responds to the defects of conformity resulting from packaging, assembly instructions or installation when it has been charged to it by the contract or was carried out under its responsibility.

- Article L 217-5 of the Consumer Code: To comply with the contract, the goods must:

1) Be suitable for the expected use of a similar good and, if applicable:
- correspond to the description given by the seller and possess the qualities that he presented to In the form of a sample or a model;
- have the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2) Or present the characteristics defined by mutual agreement by the parties or be specific to any special use subsequently sought, brought to the attention of the seller and which the latter has accepted.

- Article L 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Reminder of the provisions of the Civil Code:

- Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use such as that the buyer would not have acquired it, or would have given a lower price, if he had known them.

- Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

The products we sell, especially items of a handmade nature, often have some characteristics specific to the natural materials used in their manufacture. These characteristics may be subject to variation in fibers, texture, knots or color. These variations can in no case be regarded as defects or damage. You must, at on the contrary, be aware of the existence of these variations and be able to appreciate them. We choose only the highest quality products, but the natural characteristics are inherent in our products and must be accepted as part of the intrinsic aspect of these last. The provisions provided for in this clause shall in no way affect your rights as a consumer, or to your right to terminate the Contract.

16.2. Mediation

As a consumer, if you feel that your rights have been violated, you can address your complaint to the following email address : customerservice@bai-day.com in order to request a settlement from amicably.

Also, if your purchase was made on our website, we hereby inform you that compliance with European regulation n ° 524/2013, you have the right to request the resolution of your litigation on the platform dedicated to the online resolution of consumer disputes accessible via the following email address : http://ec.europa.eu/consumers/odr/. In this regard, for all prior written complaints addressed to our customer service since less than one year and not satisfied, in accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, we offer you the possibility of using the mediation service MEDICYS by electronic means : www.medicys.fr or by post : MEDICYS, 73, Boulevard de Clichy, 75009 Paris.

• 17) INTELLECTUAL PROPERTY

You acknowledge and accept that all copyright, trademark and other rights of
intellectual property relating to all the information or content on this website
will, at all times, be our property or that of those who granted the license to us. You can not use this information only to the extent that you are authorized to do so, by ourselves or by those who granted the license. This does not concern the use of this site to copy the necessary information for your order or your identification.

• 18) VIRUSES, PIRACY AND OTHER COMPUTER CRIME

You must not misuse the website by intentionally introducing viruses, Trojans, worms, logic bombs and other malicious or harmful devices on the plane technological. You must not attempt to gain unauthorized access to this website, to the server on which this website is hosted or to any server, computer or database in connection with our website. You agree not to attack this website through a denial of service or distributed denial of service.

Any violation of this clause constitutes an offense under the applicable regulations. We will notify the relevant authorities of any such breach and cooperate with them in order to discover the identity of the hacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use this website. We accept no liability for any loss or harm resulting from a denial of service, virus or any other malicious or technologically harmful device or material, caused to your computer, equipment, data or information as a result of using this website, after downloading files from this one or from other sites, for possible redirections. 

• 19) LINKS ON OUR WEBSITE

If our website contains links to other websites and data of third parties, these links will be provided for informational purposes only, without our having any control over the content or data sites of these. Accordingly, we decline all responsibility for any loss or nuisance resulting from the use of these privileges.

• 20) WRITTEN COMMUNICATIONS

Under applicable regulations, we are required to send you certain information or communications in writing. By using this website, you agree that your communication with us mainly performs electronically. We will contact you by email or will inform you through alerts displayed on our website. For contractual purposes, you give your consent to the use of this electronic means of communication through all contracts, announcements, information and other messages that we send to you, comply with the legal provisions requiring that such communications be formulated by written. This provision does not affect your rights. 

• 21) NOTIFICATIONS

Please preferably use our contact form, mail adress to send us your notifications. Except otherwise indicated, in accordance with the provisions of clause 22 above, we may send notifications to the email or postal address you provided to us when your order. It is understood that notifications will be properly made and received the instant they are will be published on our website, 24 hours after an email has been sent, or three days from the franking date of any letter. To prove that a notification has been delivered, it will suffice to demonstrate, in the case of a letter, that the address was correctly written and that it was indeed franked and posted; in the case of an email, it will suffice to demonstrate that the latter has been sent to the e-mail address indicated by the recipient.

• 22) TRANSFER OF RIGHTS AND OBLIGATIONS

The contract is binding on the parties, as well as their successors, assignees and beneficiaries in agreement. You may not transmit, assign, encumber or otherwise transfer a contract or one of the rights or obligations inherited from it without having obtained our consent prior in writing. We may transmit, assign, encumber, subcontract or otherwise transfer a contract or one of the rights or obligations inherited from it, at any time during the period validity of the contract. In order to verify any ambiguity, these transmissions, assignments, charges and others transfers will not prejudice your rights which, if any, are recognized by law to you as that consumer, and will not constitute any limit, restriction, exclusion of the express guarantees or implicit that we could have granted you.  

• 23) FORCE MAJEURE

We will not be held responsible for any failure or delay in the performance of our contractual obligations presented by events beyond our reasonable control (here in after "Force majeure") as permanent in Article 1218 of the Civil Code and by case law. It is understood, on the one hand, that our contractual obligations will be suspended as long as the case of Force Majeure and, on the other hand, that our execution times to meet these obligations will be extended for a period equivalent to that of the case of force majeure. We will strive in the as far as possible to put an end to the force majeure event or to find a solution allowing us to perform our contractual obligations despite the case of force majeure.

• 24) RIGHTS OF WAIVER

If we cease to require you to strictly comply with your obligations under the contract or any of these conditions, or if we do not exercise any rights or remedies that we are entitled under this agreement or the under no circumstances will any of these conditions be so and will not constitute a waiver or limitation of these rights or remedies and will not exempt you from complying with your obligations. No waiver on our part of any specific right or remedy shall constitute a waiver of any other rights or remedies inherited from the contract or terms. No waiver by us of any of these rights, remedies or conditions under the contract will not produce a product until it is qualified as such and will not be communicated to you in accordance with the provisions of the clause relating to notifications above.

• 25) PARTIAL NULLITY

If any of these conditions or any provision of the contract is deemed null and void by virtue of an irrevocable decision issued by a competent authority, the others general conditions will remain applicable without being affected by this decision.

• 26) ENTIRE CONTRACT

These conditions and any document indicated in these same conditions constituting the entire of the contract concluded between the parties with regard to the subject of the latter, and replace any agreement, promise or pact concluded beforehand orally or in writing between the parties. The parties contemplate one of them relied on a statement or promise made by the other party or following any written or oral statement to the during the negotiations envisaged between the parties before the conclusion of the contract, with the exception of provisions stipulated in these conditions. Each of the parties waives the right to exercise any recourse concerning any false oral statements or in writing issued by the other party, before the date of signature of the contract (unless these false statements were issued fraudulently). The only recourse that the other party can exercise will relate to the breach of contract, as stipulated in the present conditions.

• 27) CONDITIONS OF OUR RIGHT TO MODIFY THIS PRESENTATION

We have the right to revise and modify these conditions at any time.
You are subject to the terms and conditions in force at the time you use this website or place an order, unless the law or the Authorized Powers require us to change these provisions, these Terms or the privacy policy retroactively. In this case, any possibly modification to the orders you have placed before.

• 28) APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products on this website will be by french law.
Any dispute related to the use of the site or to said Agreements will be submitted to the jurisdiction not exclusive of french courts and tribunals.
The provisions of this clause in no way affect your rights as as a consumer, under the applicable legislation.

• 29) COMMENTS AND SUGGESTIONS 

Your remarks and comments are always welcome. You can send them to us using the contact page.

Last update : 05 / 21 / 2024