(As of 01/05/2021)
Terms of use of the site and general conditions of sale
Welcome to Band-Band.com (hereinafter the "Site"). Access to this Site is governed by the following Terms and Conditions of Use. Please read these Terms and Conditions (the "Terms") carefully before using the Site or ordering Products (the "Product(s)") from our Site.
By accessing, browsing and/or using the Site, you agree to be bound by these Terms and Conditions in their entirety, whether or not you have opened an account through the Site, registered with the Site or logged into your account.
We recommend that you print and keep a copy of these Terms and Conditions for future reference.
Although it is not mandatory, this document can be printed and/or saved as a PDF file using the usual functionality of your Internet browser: (usually "File" - > "Save as"). In order to open the PDF file, you need the free Adobe Reader program (downloadable from www.adobe.com/fr ) or a similar program that supports the PDF format.
Any order of a Product offered on the Site implies your full and complete acceptance of these Terms. You may only use the Site, access it and place orders if you agree to comply with these Terms.
Certain Products, made available to you on the Site, may be subject to additional terms and conditions. You will be informed of these additional conditions when you access the sections of the Site dedicated to these Products. It is specified that, if you order Products that are subject to additional conditions, you will be deemed to have accepted them.
Please note that the use of this Site and our business relationship are also governed by a number of other policies:
- Privacy Policy, namely the practices we follow in terms of security and privacy, in order to protect you and your personal information, - Return and Cancellation Policy, detailing the conditions governing the cancellation of orders and the return of Products purchased on Band-Band.
Please note that if you refuse to accept these Terms and Conditions, you will not be able to use our Site or order any Products from our Site. Thank you for your understanding.
About Space Pepper
This Site is operated by SPACE PEPPER SAS, a company registered in France under the number 820 312 650 at the Toulouse Trade and Companies Register and whose registered office is located at 109 Rue Jean Bart, 31670 Labège. Our VAT number is : FR44820312650.
Updates to the General Conditions
We reserve the right to change these Terms and Conditions at any time in our sole discretion, and your rights under the Terms and Conditions will be governed by the latest version of these Terms and Conditions as posted on this page at the time you view this Site or place an order. Any changes to the Terms and Conditions will be posted on the Site and the date at the bottom of the Terms and Conditions will be changed to reflect the date of the last change.
We recommend that you review these Terms and Conditions regularly to ensure that you are aware of the current Terms and Conditions.
Your continued access and use of this Site following any changes or updates constitutes acceptance of the new Terms and Conditions. It is your responsibility to check the Site periodically to determine if there have been any changes to these Terms and Conditions.
These Terms and Conditions are supplemental to your rights and obligations under our Privacy Policy and Return and Cancellation Policy. In the event of any inconsistency between these Terms and Conditions and our Privacy Policy and/or our Return and Withdrawal Policy, these Terms and Conditions shall prevail. If you are unsure about your rights under these Terms and Conditions, our Privacy Policy and/or our Returns and Withdrawal Policy, please contact our Customer Service Team. We will endeavour to respond on the next working day, Monday to Friday, from 9am to 6pm. Please note that our emails can be written in English or French.
License and use of the Site
We grant you a limited license to view and use the Site on a personal basis, but not to download or modify it, or any portion of it, without our express written consent. This license excludes any use of the Site for commercial purposes or resale, any retrieval and use of Product listings, descriptions or prices, any derivative use of the Site or its contents, or any use of data mining, robots or data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit any part of the Site for commercial purposes without our express written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, proprietary information (including images, text, page layout, or forms) owned by us or our affiliates (including our parent company) without our express written permission. You may not use any meta tags or any other "hidden text" utilizing our name, trademarks or service marks without our express written permission.
If you breach any of the provisions of these Terms and Conditions, we shall be entitled to terminate your limited license to use the Site with immediate effect.
You shall choose a user name and password when you register and prior to any purchase. You shall be responsible for all actions taken under that user name and password and shall use the Site only under your personal user name and password. You shall use your best efforts to ensure the security of your password and shall not disclose it to any person. If it has been disclosed, you must change it. You may not transfer or sell your username to anyone, nor may you allow anyone else, directly or indirectly, to use your username or password.
Access to the Site is permitted on a temporary basis, and we reserve the right to suspend, discontinue or modify, at any time and without notice, the services we offer on our Site, whether for operational, regulatory, legal or other reasons.
If necessary, we may limit our registered users' access to all or part of the Site.
We shall be entitled to disable any user ID or password at any time, whether chosen by you or assigned by us, in the event that you fail to comply with any of the provisions of these Terms and Conditions.
It is your responsibility to ensure that all persons who access the Site through your Internet connection are made aware of and comply with these Terms and Conditions.
This Site may contain, or may be provided through third parties, links to other sites or resources. Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, nor do we endorse or accept any responsibility for any content, advertising, Products or other materials on or available from such sites or resources.
Intellectual Property
The Site and its contents are protected by intellectual property rights, including but not limited to copyrights and trademarks. In these Terms and Conditions, "Intellectual Property Rights" means patents, database rights, copyrights, designs (whether registered or unregistered), trademarks (whether registered or unregistered) whether figurative, brand names, signs, illustrations, photographs, logos appearing on the Products Band-Band, website, accessories or packaging, and other similar rights, as well as the rights and remedies for enforcing such rights
As part of our business relationship, all intellectual property rights in the Site under these Terms and Conditions are and will remain our exclusive property, and you are not permitted to use any of these intellectual property rights unless we expressly authorize you to do so. Any creation of intangible property resulting from the use of this Site, our trademarks, trade names, service marks and those of our affiliates under these Terms and Conditions shall vest in us or our affiliates as the case may be.
Your order
For any online order, you agree not to use the Products for any commercial or resale purposes and must not be a minor under any circumstances.
The process to follow is as follows:
- You can order your Products on the Site by clicking on "order" and "proceed to payment" at the end of the order confirmation process. You will be guided through the ordering process by a series of simple instructions displayed on our Site. - An order can be paid by credit or debit card: (MasterCard®, Visa®, Maestro® [previously Switch], Visa Electron®, Visa Delta®, Carte Bleue, Bank Card and Paypal). We do not accept cash, wire transfer or checks for online purchases. - If you have a promotion or discount code, it must be entered during the order confirmation process to be valid. - We will send you an email acknowledging receipt of the order once your order has been completed. Please note that this acknowledgement email does not constitute our acceptance of your Order. Your order constitutes an offer by you to purchase. - When your Product is shipped from our warehouse, an email confirming shipment will be sent to you. - Acceptance and completion of the order will not be effective until the Products ordered are shipped, unless otherwise notified in the event the order is rejected or cancelled. The contract will only relate to the Products that we have confirmed to you in the dispatch confirmation e-mail. We are not obliged to supply you with Products that were originally part of your order, where the shipment of such Products has not been confirmed by e-mail. - We will process your payment at the time we prepare your Products for shipment.
Any indication on the Site concerning the availability of a Product is an estimate of its availability and does not constitute a guarantee of availability, nor any commitment to accept the order form or to ship the Product.
We invite you to keep your invoice including VAT for your records and as a reference to our contract.
Billing
If Band-Band decides or is required by applicable law to issue or provide invoices, Band-Band reserves the right to issue and provide them in electronic format. If necessary, Band-Band will send you a paper invoice only by mail or within your order. If you lose an invoice, you should contact our customer service department via our Contact Us page. We will endeavour to respond within one working day, Monday to Friday between 9am and 6pm.
Price
Band-Band has taken all reasonable precautions to ensure that the prices posted on the Site are accurate. However, errors may occur from time to time.
In the event of an obvious pricing error, Band-Band reserves the right not to accept your order.
If we discover an obvious pricing error before the products are shipped, we may either notify you as soon as possible or decide to refuse your order. In the first case, we will offer you the opportunity to reconfirm your order at the corrected price or cancel your order. If we decide to refuse your order, we will refund or re-credit any amounts charged to your credit or debit card.
All Product prices are quoted in Euros, including VAT at the rate applicable in the country of delivery at the time of order, unless otherwise expressly stated, and do not include additional delivery costs. Delivery fees may be charged and will be clearly displayed during the ordering process.
The total delivery costs will be detailed and identified on the payment screen and on your invoice including VAT.
If you have a discount or promotion code, it is your responsibility to ensure that you enter it in the appropriate section during the ordering process. It will not be possible to enter a promotional code or discount offer once you have confirmed your order. Promotions and discounts are subject to additional conditions. To avoid confusion and to fully understand our promotions and/or discounts, we suggest that you read the additional terms and conditions, if any, on the relevant Product page.
An order may be refused for the following reasons: - Orders placed by persons under 18 years of age or under disability; - The Product ordered is not available in stock; - It is impossible to obtain payment authorization from the bank; - An error in price or description, or in the Product information or certain promotional conditions has been identified; - Band-Band believes that the transaction presents any risk; - The customer is a minor; - We have reason to suspect that you will use the Products for commercial or resale purposes; - The criteria for placing an order as set out in these Terms and Conditions are not met; If there are any problems with your order, we will contact you as soon as possible. We reserve the right to refuse, at any time, any offer to purchase a Product from you.
International pricing
International credit and/or charge card issuers or banks will determine the exchange rate applicable to your purchase and may charge a processing or handling fee in connection with such payment, which you will be required to pay if you use an international credit card.
Delivery
Please note that these Terms do not affect your legal rights as a consumer. The delivery and execution times indicated by Band-Band are given as an indication only and are subject to change. We do our best to deliver your Products within the deadlines indicated in the Frequently Asked Questions, unfortunately we are not able to guarantee the respect of these deadlines in case of unforeseen incident affecting our carrier. We decline any responsibility in the event that your delivery address is incorrect or incomplete.
You have the option of selecting multiple addresses for delivery including an address different from your billing address. Please note that Band-Band will not deliver to a P.O. Box and there are restrictions on the delivery locations served by Band-Band for Products ordered on the Site.
All the Products that you order on the Site will remain the property of Band-Band until their delivery to the indicated address.
All risk in the Products you order (including risk of loss and/or damage to the Products) shall pass to you upon delivery to the delivery address specified in your order. If you have specified delivery to an address other than your own, all risk in the Products shall pass to you upon delivery of the Products to that location.
If Band-Band is unable to provide you with the Products you have ordered, we will not process your order and will inform you in writing (including by e-mail) and, if you have already paid for the Products, we will provide you with a full refund as soon as possible, provided that such refund will be made no later than 30 days from the date of cancellation of your order.
Due to customs, legal, regulatory and practical restrictions that may apply to orders placed, delivery of certain Products to particular destinations may not be available. Band-Band reserves the right to determine which Products may or may not be delivered to a particular destination. Details of where Band-Band can deliver, as well as information on delivery charges and times, are available here. Rates and delivery times may vary depending on the nature of the Products ordered, the delivery service selected and your delivery address. All shipping costs, customs duties and any other duties are the responsibility of the buyer.
These Terms and Conditions will apply regardless of the delivery method you choose for your Products.
Delays
The delivery of your Products may be delayed for reasons beyond our control - for example, in the event of a stock shortage or higher than expected demand. In this case, we will make every effort to keep you informed of the situation, and will offer you the opportunity to cancel your order if the delay is too great.
Right of withdrawal
You can cancel the contract with us and get your money back in accordance with the right of withdrawal established in French law.
Promotional or discount codes
Any promotional code or discount, to be valid, must be entered during the order confirmation process and does not apply to orders for Baby or Child Products. Discounts and discount thresholds do not apply to shipping costs. Discounts cannot be used in combination with any other promotional offers.
Our offers are valid only for a limited time and only for the product lines concerned. Band-Band reserves the right to terminate these offers without prior notice. Promotional offers cannot be used in combination with any other discount. Also, if a Product is purchased online or in-store prior to being subject to a promotional offer, we will not be able to refund the price difference.
Our exclusive offers are valid only on our online purchases; these offers do not apply to bands distributed in stores by specialty retailers. Please note that if you purchase an item in-store that is subject to an exclusive online promotional offer, you will not be able to claim the price difference.
Our products
Band-Band has taken all reasonable precautions to ensure that all Products on the Site are accurately described.
The descriptions of the Products for sale on the Site are, however, provided for informational purposes only. The colors that are displayed on the Site will depend on many factors, including your computer's display settings, so we cannot assure you that the colors displayed on your screen will accurately reflect the colors of the Products you receive.
Similarly, the weights, measures and sizes indicated on the Site are given as an indication only and may vary according to the manufacturing series, your morphology or the way you wear the Product (more or less tightly).
All Products are provided subject to availability, which means that we may not be able to deliver certain products in your order. In case of unavailability of a Product after validation of the order, you will be promptly informed by email and the missing Product will be automatically cancelled and refunded, if applicable.
Finally, the Products and promotional offers proposed on the Site may not be available in stores in your country and vice versa.
Communications
You may submit suggestions, ideas, comments, questions, or other information to us, provided that the content is not unlawful, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, injurious to third parties, or otherwise objectionable, and does not involve or contain software viruses, political campaigning, commercial solicitation, chain letters, direct mail, or any other form of spam, and provided that all such exchanges are kept civil. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content.
If you submit content, and unless you indicate otherwise, you grant us and our affiliates a non-exclusive, royalty-free, perpetual license, subject to applicable law, and a fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content in any media that we may use. You grant us and our affiliates and sublicensees, at our discretion, the right to use the name you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content you submit, that such content is accurate, that the use of the content you submit does not violate these Terms of Use or cause injury to any person or entity, and that you agree to indemnify us and our affiliates for any claims that may arise from content you submit. You acknowledge and agree that we have the right, but not the obligation, to monitor, edit or remove any activity or content. We are not responsible for any content that you or any third party may have shared via the Site.
Responsibilities
To the extent permitted by applicable law, we provide the Site and any information contained therein on an "as is" and "as available" basis, and we make no representation that the Site will be suitable for your purposes or needs.
We make no representations or warranties of any kind, express or implied, as to the operation and availability of this Site or the information, content or materials on the Site. You expressly acknowledge and agree that your use of this Site is at your sole risk. Without prejudice to any applicable legal provision, Band-Band disclaims all liability to any person for any loss or damage that may result from the use of, or reliance on, any content or information contained in or on the Site.
The content of this Site has been compiled from a variety of sources and is subject to change without notice. While we take all reasonable care in the preparation and presentation of the content of the Site, we cannot guarantee that the content is complete, accurate and up-to-date.
To the extent permitted by law, we disclaim all liability (from whatever source) for any loss, damage and/or expense arising, directly or indirectly, from the use of the Site.
In particular, and without limiting the generality of the foregoing, we shall not be liable for any loss of or damage to computer equipment, software or data, for any financial loss, or for any indirect, special or consequential loss or damage.
Warranty
Notwithstanding anything to the contrary contained in these Terms and Conditions, all Products supplied by us are of satisfactory quality, fit for purpose and warranted to be free from defects in workmanship and materials for the warranty period indicated on the Site. This warranty does not affect your statutory rights and remedies as a consumer.
This warranty is valid only upon presentation of proof of purchase from Band-Band and does not cover defects in the Products resulting from normal wear and tear, intentional damage, accident or negligence on your part or on the part of a third party, use not in accordance with our instructions, as well as any modification or repair carried out without our approval, or maintenance of a product that does not correspond to the recommendations on the site.
Band-Band stresses that any deterioration of the Products within the framework of the intended use will not give rise to any claim under warranty.
Band-Band will not be held responsible for any fees charged by the issuer of your card, your bank or the payment service concerned (as the case may be) in connection with the processing of your order by Band-Band.
This warranty is without prejudice to rights and remedies under applicable national laws relating to the sale of consumer goods.
Limitation of liability
We will not be liable to you if we are prevented or delayed from performing our obligations under these Terms and Conditions, for any loss or damage that cannot be reasonably foreseen, or as a result of events beyond our control that arise directly or indirectly from these Terms and Conditions or from your use of the Site.
Band-Band 's liability under these Terms and Conditions shall not exceed the amount of the price of the Product(s) ordered by you plus the cost of delivery of such Product(s) to your home. Losses are considered foreseeable if you and we can anticipate them at the time we accept your order.
The Products we provide are intended to be used for domestic and private purposes only. You agree not to use the Products and the Site for any commercial or resale purposes, and we will not be liable for any loss of time, profit, contract, revenue, goodwill, anticipated savings, or for any loss of or damage to data, which you may suffer.
Please note that you have a number of rights as a consumer, including legal rights and remedies for defects in the Products. These Terms and Conditions do not affect your statutory rights and remedies; in particular Band-Band undertakes to use all reasonable care and skill in the performance of its obligations under these Terms and Conditions.
Force Majeure
We and our delivery and other service providers shall not be obligated to perform any of our obligations under these Terms and Conditions in the event of an event beyond our control (force majeure), including, but not limited to, strike, lockout, failure of third party systems or networks, act of God, fire, earthquake, storm, snowfall, thunderstorms, flood or other natural disaster, civil disturbance, act of terrorism, sabotage or intentional damage to materials or data, damage to or destruction of premises or equipment, government regulation or policy, shortage of supplies and unavailability of services.
Our performance under the contract shall be deemed to be suspended for the duration of the force majeure event, and we shall be given an additional period of time equal to the duration of the force majeure event for the purpose of fulfilling our obligations. We shall make every reasonable effort to terminate the force majeure event or to find a possible solution to enable us to perform our obligations under the contract despite the force majeure event.
Privacy Policy
Your registration information, as well as certain other information about you, is subject to our Privacy Policy. For more information, please see our Privacy Policy.
General
We will send all notices under these Terms and Conditions to the e-mail address you provide when you register. When you visit the Site or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail or by using social network messaging if you have contacted us beforehand. As part of the Agreement, you agree to the sending of communications electronically and you agree that all agreements, notices, information and other communications that we send to you electronically satisfy any legal requirements, just as if they were sent in paper form. This condition does not affect your legal rights and remedies.
All notices to us should be made via our Contact Us page or at help@band-band.com. We may send notices to you at your email address or mailing address, which you provide to us when you place an order, or by any other means mentioned above. A notice shall be deemed to have been received and duly served immediately if sent via our Site, on the next business day following the sending of an e-mail or, in the case of a letter, three days after the date on which it was mailed. Proof of service of any notice shall be limited to proving, in the case of a letter, that such letter was properly addressed, stamped and mailed and, in the case of an e-mail, that such e-mail was sent to the e-mail address specified for the intended recipient.
The Agreement with you is binding on you, our respective assigns and transferees. You may not transfer, assign, encumber or otherwise dispose of our mutual contract, or any of your rights or obligations under it, without our prior written consent. We may, at any time during the term of the Agreement, transfer, assign, encumber, grant or otherwise dispose of our mutual agreement, or any of your rights or obligations thereunder.
These Terms and Conditions, including the Privacy Policy and the Return and Withdrawal Policy, constitute the entire agreement between Band-Band and you and supersede any prior agreement or understanding relating to the subject matter hereof. No modification of these terms and conditions shall be binding upon us unless accepted by us in writing.
By accepting these Terms and Conditions and continued use of this Site, you acknowledge that you have read and understand these Terms and Conditions and agree to act in accordance with and be bound by them. These Terms and Conditions may not be altered or modified in any way without our prior written consent.
If you are acting as an agent on behalf of a principal (including on behalf of your employer), you and the principal are jointly and severally liable for all your obligations under these Terms and Conditions.
Additional Terms and Conditions - Product Feedback and Question and Answer Information
By accessing, using, registering or contributing to Band-Band or any other section of our Site where you can post contributions, opinions, or questions, you confirm that you have read, understood and agreed to the following terms and conditions. If you do not agree to these terms in their entirety, do not use this Website.
Customer service
If you have a problem with a Product, our Site, or any other BAND-BAND service related to the Site or a Product, please contact our customer service department via our page: Contact Us.
Applicable law and jurisdiction
These Terms and Conditions, as well as the operations and all possible questions relating to the use of the Site (including any contract concluded between you and Band-Band via the Site) are governed by French law. Any dispute, whatever the nature or cause, will be submitted to the jurisdiction of the competent courts of Toulouse.
Questions and inquiries regarding this policy should be directed to our head office address listed in the introduction
Last update - May 2021