Last update : December, 19th, 2011

The present conditions apply to sales made by GROUPE SALMON ARC EN CIEL, a simplified shares company with capital of 4,800,000 Euros, the Head Office of which is located at 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France), registered with the Companies Registration Office in ANGERS (49) under the number 349 773 697/89B132, hereafter known as GSA, to any consumer client, hereafter known as the Purchaser, who makes a purchase via the e-commerce site accessible by Internet www.berlingot.com.

1. Subject

The present general conditions of sale define the contractual relationship between GSA and the Purchaser in the sense of the French Consumer Code as well as the conditions applicable to any purchase made via the GSA commercial site. It is specified that Products are reserved for private individuals and destined for the personal use of the Purchaser without any connection to professional use of the said products. GSA informs the Purchaser that the sum of his/her order may not exceed 1000 Euros, all tax and carriage charges included. The acquisition of a Product by the Purchaser via the present website involves unconditional acceptance by the Purchaser of the present general conditions of sale, which prevail over any other condition. GSA reserves the right to change the present conditions of sale at any time. Consequently, it is the responsibility of the Purchaser to make him/herself aware of the general conditions of sale at each purchase, the conditions applicable being those in force on the date the Purchaser places the order.

2. Products and characteristics of products and services offered

As the business of GSA is based on gifts for the birth of a baby (day and night clothes for babies and small children, childcare articles, toys and packaging), its commercial site enables it to offer online sale of products within the context of its business. The prices of products offered for sale are those that appear at the time the order is confirmed on the www.berlingot.com website by the internet surfer. Product offers are valid as long as stocks are available. A description of each product available online enables the Purchaser to discover its features. The photographs are as accurate as possible but cannot ensure complete similarity with the product offered.

3. Orders

The order cannot be registered on the GSA website unless the Purchaser is clearly identified.
To do this, it is compulsory for the Purchaser who wishes to buy a Product online to:

• If he/she is a new client, carefully fill in the identification page on which he/she will give all the information requested, including a valid e-mail address and a password of his/her choice which is strictly personal and confidential and will in future be used to identify him/her on the website.
• If he/she already has a client account, identify him/herself by entering his/her e-mail address and password. Entering these two identifiers is proof of the identity of the Purchaser, which he/she accepts.
• Complete the order form online giving all the references of the products chosen.
• Confirm his/her order after checking it.
• Make the payment under the conditions stipulated on the website.
• Confirm his/her order and payment.

By confirming the order, the Purchaser acknowledges having read the present general conditions of sale and having accepted them. All the data supplied and the confirmation recorded will serve as proof of the transaction. Confirmation and online transmission of his/her bank card number by the Purchaser will serve as proof of signature and acceptance of the operations performed. The Purchaser will receive an acknowledgement of his/her order by e-mail to the e-mail address he/she has given.
However, GSA reserves the right not to confirm the order if:

• The order ceiling mentioned in Article 1 is exceeded.
• There has been abnormal or improper return of Products from a previous order by the Purchaser.
• There has been total or partial non-payment for a previous order.
• There is litigation with the Purchaser in progress.
• Payment by bank card is not authorised by the banking organisations

4. Prices

The prices of Products appearing on the website are prices in Euros, all taxes included taking into account the Value Added Tax (VAT) applicable (on French territory) at the time the order is confirmed. The prices do not include delivery and order processing charges, which are brought to the attention of the Purchaser when his/her order is placed. Delivery and order processing charges are calculated depending upon the weight and destination of the Products and are payable by the Purchaser. GSA reserves the potential to change its prices at any time; it however being understood that the price shown on the website when the order is confirmed will be the only price applicable to the Purchaser. Consequently it is the responsibility of the Purchaser to check the price when each order is confirmed. For orders delivered outside France, possible taxes and customs duties payable are the responsibility of the Purchaser.

5. Delivery and reception of the order

In accordance with article L.121-20-3 of the Chatel Law n° 2008-3 of January 3 2008, the order placed by the Purchaser is delivered within a maximum of 30 days from the date of the order. However, GSA strives to process and ship the order in an average period of 1 to 5 working days from the date of the order, to which the delivery time required for the forwarding method used must be added. Apart from special cases (e.g. embroidered articles) the order is either processed the same day, or the day after it is received. The products ordered are delivered to the delivery address given by the Purchaser together with a delivery note. The recipient must check the condition of the merchandise on reception. Any anomaly noted [damaged parcel(s), missing product(s) in comparison with the delivery note or damaged product(s)] must be notified as defined in Article 9 below. Any complaint made later than 15 days after reception of the products will be considered inadmissible and GSA cannot be held liable. All Products delivered in France will be despatched using the Poste Colissimo Suivi (Tracked Parcel Post) service. For foreign countries, GSA ships the orders using a carrier selected by GSA or Colissimo (1) depending on the designation country. GSA cannot be held responsible for longer delivery times caused by the transporter or for non-delivery in circumstances beyond its control as defined in Article 10 below. An e-mail will be sent to the Purchaser to inform him/her that his/her order has been despatched.
(1) parcel post with delivery time guaranteed by the French post office

6. Methods of payment

The price due by the Purchaser is that shown on the order summary that he/she confirmed. Payments will be made by bank card. GSA accepts French (with the CB logo) and international (with the VISA or MASTERCARD sign) bank cards. Cards issued by banks not domiciled in France must be international bank cards. Payments will be made using a secure system which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted will be encrypted and no third-party will be able to intercept this during transmission through the network. The Purchaser must give the number of his/her bank card, expiry date, the name of the cardholder shown on the card and the three last figures of the number on the back of the card close to the signature (the security number). The Purchaser’s account will be debited for the sum of the Products ordered, once his/her order has been validated. The Purchaser will be informed of products which are unavailable by email. In this case, the Purchaser will be refunded by having his or her account re-credited. GSA reserves the right to demand the communication of proof of identity for a first order for an amount over 150 euros in value. If the banking organisations do not authorise payment, the order will not be considered and Products will not be delivered.

7. Cooling-off Period

In compliance with the French Consumer Code, the Purchaser benefits from a cooling-off period of 14 clear days from the date of delivery to return the Product(s) he/she ordered to GSA, at his/her expense, except personnalized items, without right of withdrawal. . If the Purchaser uses his or her right to retract, the Product must be returned complete, in perfect condition, unused, unwashed, in its original packaging, and accompanied by the delivery slip sent with the shipment. The product(s) must be returned by post to the following address: GROUPE SALMON ARC EN CIEL, Service retours web, Z.I. du Landreau, 49450 VILLEDIEU-LA-BLOUERE (France). If the aforementioned conditions are adhered to, GSA will reimburse the Purchaser the total amount for the products returned (with the return costs remaining the responsibility of the Purchaser) within 30 days from reception of the returned Products. The reimbursement will be made by re-crediting the Purchaser's account.

8. Guarantee

All Products sold by GSA have the advantage of the legal guarantee provided by Articles 1641 and in accordance with the French Civil Code inasmuch as the use of the Product has been normal and the maintenance advice has been scrupulously observed.

Legal guarantee of conformity

Article L211-4 of the French Consumer Code
The seller is required to deliver an article in compliance with the contract and respond to defects in conformity existing when it is delivered. He/she will also respond to defects in conformity resulting from packaging, instructions for assembly or installation when these have been made his/her responsibility by the contract or have been produced under his/her responsibility.

Article L211-5 of the French Consumer Code
To be compliant with the contract, the article must:

1°) Be appropriate for the use normally expected for such an article and, if necessary:
- correspond to the description given by the seller and have the qualities shown to the purchaser in the form of a sample or model
- have the qualities that a purchaser might legitimately expect in view of public statements made by the seller, the producer or his/her representative in advertising or labelling

2°) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the purchaser that has been brought to the notice of the seller and which the latter has accepted.

Article L211-12 of the French Consumer Code
Action resulting from defects in conformity lapses after two years from the date of delivery of the article.

9. Complaints

All complaints must be made in writing:
- Either by post to : GROUPE SALMON ARC EN CIEL, Service Consommateurs Web, 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France)
- Or by e-mail from the "Contact us" heading on the Sucre d'Orge website, selecting "After Sales Service" specifying the order number. Complaints may bereceived within a maximum of 15 days from delivery of the products. Whatever the reason for the complaint, GSA will, in all cases, request that the product is returned (the Purchaser is responsible for the cost of the return) to ascertain the merit of the complaint. If returns are abnormal or improper, GSA may refuse a future order.

10. Circumstances beyond the control of GSA

In the case of circumstances beyond the control of GSA such as disruption and/or partial or total strikes in the postal services and/or means of transport, disruption to communications, natural catastrophes, fire or flood, GSA cannot be held responsible for partial or total non-fulfilment of its obligations towards the Purchaser.

11. Personal data

GSA agrees to preserve the privacy of visitors to the www.berlingot.com website. To this end, GSA agrees not to divulge the name and other information concerning visitors to any individual or organisation not affiliated to GSA without the express consent of visitors. No registration is required to visit or participate in the website. However, some of the pages on the website make it possible to subscribe to the mass mailing list to receive information by post or e-mail. For the surfer they provide the potential to ask to be removed from the list at any time.The website offers direct access to Berlingot products. If purchases are made on the website the name, postal address, e-mail address and the credit card number of the surfer will be requested. Financial information is solely destined for payment for the products purchased. The procedures followed by GSA to ensure the security and confidentiality of transactions are described under the heading "Respect for privacy". Any surfer has the right of access and rectification of data concerning him/her in compliance with the law dated 6 January 1978, updated by the law dated 6 August 2004. To exercise this right the surfer must send a letter to the following address: GROUPE SALMON ARC EN CIEL, 49 rue de Vendée, 49450 VILLEDIEU-LA-BLOUERE (France). For further information, the electronic data processing is described under the heading, "Respect for Privacy".

Deletion of files

In order not to receive information from GSA in future, the surfer may unsubscribe from the mailing list :
- by using the headings "My Account" or "Newsletter"
- or by writing to the address shown below.

12. Cookiese

Use of the www.berlingot.com website could require the installation of cookies on the surfer's computer. A cookie does not make it possible for GSA to identify the surfer. Generally it records information relating to browsing by the computer on the GSA website (pages consulted, date and time of consultation, etc,) that GSA will be able to read during future visits by the surfer. In the case in point, a cookie contains the information that the surfer has provided to GSA. Therefore, at his/her next visit to the website, he/she will have no need to fill out the forms offered by GSA again. Any surfer can stop the recording of "cookies" by
configuring his/her browser in the following way:

For Mozilla Firefox:

1. Choose the "Tools" menu and then "Options"
2. Click on the "Privacy" icon
3. Locate the "Cookie" menu and select the appropriate options

For Microsoft Internet Explorer 6.0:

1. Choose the "Tools" menu and then "Internet Options"
2. Click on the "Confidentiality" tab
3. Select the desired level using the cursor.

For Microsoft Internet Explorer 5:

1. Choose the "Tools" menu and then "Internet Options"
2. Click on the "Confidentiality" tab
3. Select the desired level using the cursor.

For Netscape 6.X et 7.X:

1. Choose the "Edit" > "Preferences" menu
2. Confidentiality and Security
3. Cookies

For Opera 6.0 and above:

1. Choose the "File" > "Preferences

13. Links

This website or third-parties may supply links to other websites or Internet network resources. GSA has no control over these websites and external resources and disclaims all responsibility for their operation, their content, their advertising or the Products and equipment offered. GSA cannot be held liable, directly or indirectly, for any loss or damage which might be caused by or in relation to the use of these websites or resources, or in relation to their content and the products and services they offer.

14. Intellectual property

All the elements of the www.berlingot.com website are and remain the exclusive and intellectual property of GSA. All the brands, text, work notes, illustrations or images, whether they are sound or visual, reproduced on the GSA website concerning the Sucre d'Orge brand are protected as brand rights, patent rights and image rights, and as copyright. Any reproduction or representation, whole or in part, constitutes an infringement which could involve the civil or criminal liability of its perpetrator. In no circumstances can the www.berlingot.com website and/or its contents (products, prices, descriptions, downloads, copies of information, graphics, images, text, photographs, use of data, tools and services) be used for commercial ends. Any reproduction, copy, sale or exploitation of all or part of the www.berlingot.com website for commercial reasons is strictly prohibited without written authorisation from GSA. In no circumstances can the content of the Berlingot website be re-used whether by copying it or by inserting it directly by hypertext link or "framing". Similarly, meta tags or "hidden" text containing the GSA name, its brands, and/or those of parent and/or affiliated companies cannot be used without the express, written agreement of GSA.
BERLINGOT, LE VILLAGE DE BEBE, SOS DOUDOU, WEB DOUDOU, LE COFFRE-FORT A DOUDOU, TETINOU, and SUCRE D'ORGE are GSA registered trademarks.

15. Archiving - Proof

GSA will archive the order forms and invoices on a reliable, durable medium which provides a true copy in compliance with the provisions of Article 1348 of the French Civil Code. The computerised records of GSA will be considered by the parties as proof of communications, orders, payments and transactions that have taken place between the parties.

16. Miscellaneous

If one or several clauses of the present general conditions of sale should be or becomes void, the Purchaser already accepts that the other clauses have not been affected, as well as the replacement of the void clause(s) by economically valid clauses that are as close as possible to the clauses that have been rendered void.

17. Applicable law - Settlement of litigation

The present conditions for on-line sales are subject to French law. If there is a dispute, an amicable solution will be sought by the parties before any recourse to law. If the amicable procedure fails, in compliance with the New French Code of Civil Procedure (Article 42) jurisdiction for French internet clients is allocated to the Courts in the place where the defendant lives. For foreign internet clients, jurisdiction is allocated to the Courts in Angers (France).