Terms of service

The site bagao.shop (hereinafter referred to as the SITE) allows any non-professional consumer and buyer access to the products and services offered online by BAGAO.

Article 1 – Scope

These General Conditions of Sale apply without restriction or reservation to all sales concluded by BAGAO, registered in the RCS of Paris under number 824 590 566 R.C.S. Paris, whose registered office is located in Paris (75012) – 8 B RUE ABEL – VAT NO: FR13824590566, (hereinafter "the Seller"), to non-professional consumers and buyers (hereinafter "Customers" or "the Customer"), wishing to acquire the products offered for sale by the Seller bagao.shop.

These conditions define in particular the terms of order, payment, delivery and management of any returns of products ordered by the Customers.

These General Conditions of Sale may be supplemented by specific conditions mentioned on the site before any transaction with the Customer.

These conditions are permanently accessible on the site bagao.shop These Terms and Conditions of Sale may be amended at a later date; the version applicable to the Customer's purchase is that in force on the site at the date of the order.

Changes to the Terms and Conditions of Sale are binding on the users of the site bagao.shop on-line and may not apply to previous transactions.

These conditions are available on the website and can be consulted at any time.

Before any purchase or placing of an order and before the conclusion of the contract, the General Terms and Conditions of Sale are communicated to the Customer, who acknowledges having received them.

The Customer acknowledges that he has read these General Conditions of Sale and all the information listed in Article L221-5 of the Consumer Code in a clear and understandable manner before placing an order and concluding the contract.

Article 2 – Conditions for access and registration

The SITE is available free of charge to any Customer with an internet connection. The use of the SITE requires the Customer to bear the costs of the software, hardware and internet access required. He is solely responsible for the proper functioning of his computer equipment, the security of his data and his access to the Internet.

The Company reserves the right to suspend or discontinue access to the SITE without notice, for maintenance or other reasons, without any compensation.

Some SITE services require registration or creation of a personal account. The identifiers required to access the account are a valid e-mail address and a strictly confidential password.

By using the SITE, the Customer undertakes to provide accurate information about his/her identity, address and any other data necessary for access to the SITE, and to keep this information up to date. He/she is solely responsible for the security and use of his/her access information.

The Company shall put in place measures to ensure the security and confidentiality of the data transmitted.

The Customer's registration and/or account are valid indefinitely. The Company reserves the right to terminate all or part of the SITE's functionality at any time without notice or compensation. For its part, the Customer can delete his account by sending a request via the contact form.

The Company may terminate or suspend the Customer's personal account without notice or notification, in case of violation of these conditions, without prejudice to any legal action.

To make purchases on the SITE, the Customer must:

  • To be a natural person at least 18 years of age, legally capable or with parental authorization to place an order, and to have a delivery address valid in France;
  • To be a legal person, providing information relating to his/her identity (First Name), that of his/her legal representative, if any, his/her name, SIRET or identification number, his/her registered address, telephone number and e-mail address.

The Customer acknowledges that he has the legal capacity to contract and acquire the Products offered on the SITE bagao.shop.

The SITE can use cookies to track users' browsing, which users can block by changing their computer settings according to the instructions provided on the SITE.

ARTICLE 3 – Products offered for sale

On the website bagao.shop, the following products are available for sale:

  • Equipment for green spaces
  • Gardening tools
  • Spare parts and consumables

The main characteristics of the products, such as specifications, illustrations and information on dimensions or capacities, are detailed on the website bagao.shop. The customer is invited to consult this information before placing an order.

The selection and purchase of a product is the sole responsibility of the customer. bagao.shop are provided for information purposes and do not incur the seller's liability in the event of error or omission.

The customer must refer to the description of each product in order to know the properties, essential characteristics and delivery times. In case of continuous or periodic supply of a good, the minimum duration of the contract is also specified.

The contractual information shall be provided in French and shall be confirmed at the latest at the time of the validation of the order by the customer.

Products presented on the website bagao.shop are available for sale only on French territory. For any order to a country other than metropolitan France, the customer is considered to be the importer of the products concerned.

For products shipped outside the European Union and the DOM-TOM, the price will be calculated without taxes on the invoice. Customs duties or other local taxes may be charged and are the responsibility and responsibility of the customer.

ARTICLE 4 – Period of validity of the product offer

The offers of products are valid within the limits of the available stocks, as specified at the time of the order. In case of a fixed-term offer, the validity of the offer is specified on the product, from the start date until the stated end date.

ARTICLE 5 – Contact details of the seller

The seller's contact information is as follows:

BAGAO

  • Registered at the RCS of Paris under number 824 590 566 R.C.S. Paris
  • Head Office : 8 B RUE ABEL, 75012 PARIS
  • VAT No : FR13824590566
  • Email: support@bagao.shop
  • Tel: 09 75 31 61 89 (technical assistance)
    Tel: 02 27 95 27 88 (commercial service)

ARTICLE 6 – Orders

6-1. Change of order

The customer must choose the products he wishes to order on the website bagao.shop by following the following steps:

  1. Select the desired product
  2. Click on "Add to Cart"
  3. Click on "Validate order" or "Continue shopping"
  4. Check the cart, add a promo code if necessary, then click "Order"

During each order validation, the customer is redirected to his account via a secure connection summarizing the content of the order. The customer has the possibility to check the details of his order, his total price, and to correct any errors before confirming his acceptance. It is his responsibility to verify the accuracy of the order and to report or correct any errors immediately.

Ordering on the website bagao.shop The validation of the order, including the selection of the method of payment and the acceptance of the general terms and conditions of sale by checking the box provided for this purpose, shall be deemed to be concluded definitively. This validation implies the full and unreserved acceptance of these General Terms and Conditions of Sale as well as the general conditions of use of the site. bagao.shop.

The click on the "VALIDER MA ORDER" button after acceptance of the general terms and conditions of sale is an electronic signature of the customer, equivalent to a handwritten signature between the parties. The order will then become firm for the customer upon validation.

The order is confirmed by sending an automatic e-mail to the e-mail address provided when the customer account is created. The customer receives an e-mail containing a link to his customer account.

The sale is final for the company only after the confirmation of acceptance of the order by the seller has been sent by e-mail, after validation and receipt of the full price. Any order placed and validated by the customer and subsequently confirmed by the seller constitutes a contract concluded at a distance between the customer and the seller. The data recorded in the seller's computer system constitutes proof of all transactions with the customer, unless proof to the contrary.

The seller reserves the right to cancel or refuse any order from a customer in the event of a dispute relating to the payment of an earlier order. To limit fraud, the company reserves the right to ask the customer to justify his identity, his place of residence, and the means of payment used. The processing of the order will begin upon receipt of these documents. The company may cancel the order in case of non-receipt of these documents or if they are found to be non-compliant.

The customer can follow the evolution of his order on the website bagao.shop in the "My Account" space.

The company undertakes to make every effort to ensure that the items offered for sale are in stock and available on dispatch. However, the presence of an item on the site does not guarantee its availability. In case of unavailability of a product after validation of the order, the seller will inform the customer as soon as possible and will propose, if necessary, a product of an equivalent quality and price. If no substitute is available, the seller will reimburse the customer within a maximum period of 30 days. The replacement or refund of the initial order

For sales to non-professional customers, the seller reserves the right to refuse orders for large quantities of the same product, exceeding three identical items.

6-2. Change of control

Once confirmed and accepted by the seller, the order cannot be changed. If the customer wishes to add products not available on the website, he can request a quote via the customer service using the contact form. This estimate, valid for 30 days, must be accepted by the customer with the mention "good for agreement". Payment must be made in accordance with the conditions stipulated in Article 8.1.

In case of change of order due to the unavailability of the product, a new estimate will be drawn up and will have to be accepted by the customer.

6-3. Order cancellation

Once confirmed and accepted by the seller, the order cannot be cancelled, except in the event of a right of withdrawal or force majeure. If the customer wishes to cancel his order before it is processed, he must send his request by e-mail to support@bagao.shop

Any order cancellation after processing will be made in accordance with the conditions of return and right of withdrawal.

ARTICLE 7 – Tariffs

The products are provided at the current rates indicated on the website bagao.shop at the time of registration of the order by the seller. Prices are expressed in euros, excluding taxes (taxes) and all taxes included (taxes included). Rates displayed on third-party websites (comparators, partners, etc.) have no value when ordering products on the website bagao.shop.

Rates include any discounts granted by the seller on the website bagao.shop By default, the prices shown on the website include value added tax (VAT) and are marked "VAT". Prices displayed on the website bagao.shop are independent of those practiced in shops under the brand Gardens Leisure.

These rates are firm and non-revisable during their period of validity, as indicated on the site bagao.shop and on order after validation. If the customer requests a mode of shipping faster or more expensive than the standard shipping, the additional shipping costs, as they appear at the time of the validation of the order, are fully chargeable. The shipping costs are free for any order delivered in metropolitan France.

The payment requested from the customer corresponds to the total amount of the purchase. Manufacturers may modify without prior notice the technical composition of the product references. The company is entitled to update, improve its records or withdraw from the sale its products.

An invoice is drawn up by the seller and delivered to the customer when the products ordered are delivered.

Article 8 – Conditions of payment

8-1. Payment arrangements

The price is payable in cash and in full on the day the order is placed by the customer via a secure payment on the website in the following manner:

  • Credit card (100% secured SSL payment)

All transactions are protected by an encryption system SSL ensuring the confidentiality of your data.

The seller does not store any bank data. Everything passes through Payline.

The Payline payment system integrates the SSL security standard, ensuring customer authentication and data confidentiality. Confidential data (card number, expiry date) are transmitted directly to the Payline server and are never transmitted to the seller's server. The Payline server is directly connected to the bank servers.

8-2. Payment – late payment

Payment by credit card is irrevocable, except in the case of fraudulent use of the card. In this case, the customer may request cancellation of the payment and restitution of the corresponding amounts.

The seller will not be required to deliver the products ordered by the customer if the customer does not pay the price in full in accordance with the above conditions. Payments made by the customer will be considered final only after the actual receipt of the sums due by the seller.

With the exception of cases of force majeure, the advance payment paid to the order, if necessary, shall be acquired automatically and shall not give rise to any refund. Furthermore, any delay in payment shall automatically entail the application of a flat-rate allowance of EUR 40 (40), without prejudice to the penalties for delay shown on the invoice.

In the event of late payment and payment of amounts due by the customer beyond the date of the invoice, late payment penalties calculated at the monthly rate of 2% of the amount including the purchase price shown on the invoice will be automatically and automatically acquired by the seller, without prior formality or formality. This will result in the immediate exigibility of all amounts due by the customer, without prejudice to any other action that the seller would be entitled to bring against the customer. No discounts will be charged for payment before the date shown on the invoice.

In addition, the seller reserves the right, in the event of non-compliance with the above conditions of payment, to suspend or cancel the delivery of pending orders made by the customer. No additional charge, in excess of the costs incurred by the seller for the use of a means of payment, may be charged to the customer.

Article 9 – Delivery

9-1. Shipping costs

Delivery is completely free for metropolitan France, including order processing, packaging and transport For any delivery to the islands, the DOM TOM or abroad, the Customer must contact support@bagao.shop In case of delivery abroad, the Customer is considered to be the importer of the product and is responsible for customs duties, import taxes or other applicable local taxes.

9-2. Modalities and delivery times

Delivery consists of the transfer of physical possession or control of the Product to the Customer. Unless there are special circumstances or the unavailability of one or more Products, they will be delivered at one time with the delivery of the instructions for use and installation.

  • Orders are prepared under 1 to 2 working days after validation of payment (Monday to Friday, excluding holidays).
  • The transport time is estimated to be 4 to 5 working days from shipping (Monday to Friday).
  • The total delivery time is therefore: 5 to 7 working days after validation of payment.

Delivery times are indicative and may vary depending on the carrier, destination or exceptional circumstances (high activity periods, weather conditions, etc.).

A confirmation email with tracking information is sent as soon as the order is shipped

Orders paid by transfer will only be processed after receipt of payment. Shipping times will be calculated from the date of registration of the means of payment.

In case of unavailability of the ordered products, the Customer is immediately informed by e-mail. In case of delay of delivery, whether by postal parcel or carrier, the Customer may contact the Customer Service of the Seller for information on the delivery status of his parcel.

9-3. Delivery by parcel or carrier

Orders can be delivered either by postal parcel or by carrier, depending on the items purchased on the site.

Delivery by parcel: Items of less than 30 kg, meeting certain size and strength constraints, are shipped by parcelsimo. The products are delivered to the delivery address indicated by the Customer when ordering.

Delivery by carrier: For deliveries by carrier, the Seller reserves the right to contact the Customer to adjust the delivery times if necessary. In case of disagreement with the proposed time limit, the sale can be cancelled and the order refunded quickly. After validation of the order, the Seller's delivery service will contact the Customer by phone or e-mail to confirm the delivery time.

The Customer must specify any obstacles to standard delivery, such as stairs, elevators, narrow doors, or manoeuvring requirements for large products.

Shipments by carrier are made from Monday to Saturday from 9am to 6pm.

9-4. Receipt and claims

The Customer is required to carry out all necessary examinations at the time of receipt and in the presence of the delivery person in order to detect any errors in delivery, damage, missing, defects, non-conformities or other apparent defects.

In particular, the Customer must check the condition of the packaging, the number of packages, as well as the products in terms of quantities, references, condition and characteristics before signing the transport voucher. General reservations such as "subject to unpacking" are not accepted by the insurances of the carriers, and the goods must be unpacked in the presence of the carrier for control.

In case of a complaint for damage, missing parcel or non-compliance of the product, the Customer must contact the Seller by e-mail or telephone within 48 hours of delivery.

The Customer must mention the order number and the references of the parts to be returned in any correspondence.

9-5. Delays

In spite of the best efforts made to meet the delivery times communicated, these are given as an indication. If the Products ordered are not delivered within five (6) working days of the delivery date, for reasons other than force majeure or the fact of the Customer, the Customer may request the resolution of the sale in writing.

The amounts paid by the Customer will then be refunded no later than 14 days after the date of termination of the contract, without any compensation or deduction being applied.

9-6. Independent carrier

If the Customer chooses an independent carrier, the delivery is considered to be carried out as soon as the Seller has delivered the Products sold to the carrier, who has accepted them without reservation. The Customer acknowledges that the responsibility for the delivery is then vested in the carrier, and that no claim for warranty may be made against the Seller in the event of a failure to deliver the goods carried.

Any specific request from the Customer concerning the conditions of packaging or transport of the products, accepted in writing by the Seller, will incur additional costs invoiced upon quotation previously accepted by the Customer.

ARTICLE 10 – Transfer of ownership and risks

The ownership of the Seller's Products is transferred to the Customer only after full payment of the price, regardless of the date of delivery of the said Products.

No matter when ownership of the Products is transferred, the risk of loss or damage associated with the Products is passed on to the Customer only after the Customer has taken physical possession of the Products. Thus, the Products travel at the seller's risk, unless the Customer has chosen an independent carrier.

Article 11 – Return and right of withdrawal

Under the laws in force, the Client has (14) 14 days from the receipt of the Product to exercise its right of withdrawal from the Seller, without having to provide justification or to pay a penalty, for an exchange or refund.

The products may be handled within the limits necessary for their testing. Any depreciation resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product may result in a deduction from the refund.

Incomplete, damaged or dirty returned products may be partially reimbursed or refused.

Returns must be made in their original condition, together with all components (packaging, accessories, notice, etc.), in order to allow their resale as new, and must be accompanied by the purchase invoice. 

The return costs will be borne by our company (BAGAO).

The refund will be made within fourteen (14) days of receipt of the notification of withdrawal by BAGAO.

ARTICLE 12 – Liability of the Seller and Guarantee

The seller, BAGAO, is responsible for the conformity of the products to the contract. This allows the consumer to assert the legal guarantee of conformity, in accordance with articles L 217-4 et seq. of the Consumer Code, as well as the guarantee of defects hidden according to articles 1641 et seq. of the Civil Code. For any request relating to these guarantees, please contact:

BAGAO
8 B RUE ABEL
75012 PARIS

Applications must be sent by Recommended Letter with Accused of Receipt at the above address and must include:

  • The complete contact details of the Customer;
  • References to the product concerned;
  • Detailed reasons for the claim.

The Seller recalls that the warranty excludes products whose wear results from normal or inappropriate use, or from causes external to the intrinsic characteristics of the product. It is essential that the Customer comply with the instructions for the use, maintenance and cleaning of the products, as indicated on the label or on the manufacturer's website.

Products sold on the site bagao.shop are in accordance with French regulations and are suitable for non-professional uses.

The products supplied by the Seller shall benefit, automatically and at no additional cost, from the legal guarantee of conformity for defective products, damaged or not in conformity with the order, and from the legal guarantee against hidden defects for defects of material, design or manufacture, in accordance with the following procedures.

As part of the legal guarantee of conformity, it is recalled that the Customer:

  • Has two years from the delivery of the product to take action against the Seller;
  • May choose between repair or replacement of the product, subject to the cost conditions laid down in Article L 217-9 of the Consumer Code;
  • Does not need to prove the existence of the non-conformity within 24 months of delivery of the product.

The legal guarantee of conformity shall be independent of any commercial guarantee that may be offered.

The Customer may also decide to invoke the guarantee against hidden defects, in accordance with article 1641 of the Civil Code; in this case, he may choose between cancelling the sale or reducing the sale price, according to article 1644 of the Civil Code.

The articles relating to the legal guarantee are reproduced at the end of these general conditions of sale.

The products proposed comply with the French legislation in force. In case of delivery outside France, BAGAO accepts no liability for non-compliance with the laws in force in the country of destination.

ARTICLE 13 – Intellectual Property

All the texts, comments, books, illustrations and images available on the site bagao.shop is protected by copyright and intellectual property laws worldwide.

Accordingly, and in accordance with the provisions of the Intellectual Property Code, only use for personal purposes is permitted, subject to different or more restrictive conditions provided for in the Industrial Property Code. Any other use constitutes a violation of intellectual property rights and is punishable, unless the Seller has prior written permission.

ARTICLE 14 – Protection of Personal Data

In accordance with the law "Informatique et Libertés" of 6 January 1978, as amended by Act No. 2004-801 of 6 August 2004, the Seller declared the collection and processing of Customer Personal Data from CNIL under the number 2042246.

The site bagao.shop collection of personal data such as: civility, surname, first name, address, postal code, telephone number, date of birth, nationality, email, IP address, geographical location and navigation data.

This information is used for the management of user accounts, the execution of orders, invoicing, the management of customer relations, the promotion of site offers, the production of analyses and statistics, as well as for the management of loyalty programs, the organisation of contest games, other promotional operations and the management of opinions of Internet users on our products and services. By using the site, the buyer accepts these conditions.

Under the Data Protection Act of 6 January 1978, and in accordance with the GDPR (General Data Protection Regulation) in force since 25 May 2018, the Customer has at any time a right of access, rectification, opposition, deletion and portability of his personal data. To exercise these rights, he may write to the Seller, justifying his identity, at the following address:

BAGAO
8 B RUE ABEL
75012 PARIS

For any request to modify or update personal data, the Customer may also use the contact form on the site or send a mail to the above address.

The Seller undertakes not to disclose the Customer's personal data to third parties.

These data will be retained for a period of two years from the end of the trade relationship.

ARTICLE 15 – Safety and Risk Guidelines

The customer undertakes to comply with the following instructions regarding our products:

  • Compliance with Technical Specifications: The customer must comply with the technical specifications of the proposed product for sale and its intended use.
  • Knowledge of Potential Risks: The customer shall be aware of the potential risks associated with the use of the products and, where appropriate, shall be provided with appropriate personal protective equipment.
  • Observance of Security Instructions: It is imperative to follow the start-up, use, maintenance and safety instructions specified in the user manual provided with the product.
  • Age restriction: The use of products is restricted to adults over 18 years of age.
  • Mandatory reading of the Manual: Before any first use, the customer must read the user manual carefully and comply with all instructions for each use.
  • Transmission of Instructions: If the customer lends or entrusts the machine to a third party, it is his or her responsibility to provide the user manual and all the information necessary to ensure secure use.
  • Manual Availability Assurance: Each machine is delivered with a user manual. The Seller requests that the customer read this manual carefully before use. If, for any reason, the manual is not in the package, it is imperative not to use the machine and inform the Seller immediately before use.

ARTICLE 16 – Disputes

All disputes relating to the purchase and sale operations carried out in accordance with these general conditions of sale, including those concerning their validity, interpretation, execution, termination, consequences and follow-up, which could not be resolved amicably between the Seller and the Customer, shall be submitted to the competent courts in accordance with the ordinary law.

For the purpose of determining the competent court, the Seller shall establish his place of business at his registered office.

ARTICLE 17 – Mediation

Pursuant to Order 2015-1033 of 20 August 2015 and Decree 2015-1382 of 30 October 2015 concerning the mediation of consumer disputes, every consumer has the possibility to make free use of the mediation service offered by the Seller when a consumer dispute could not be resolved in a friendly manner with the Customer Service.

The proposed mediator for consumer disputes is the CMAP (Centre de Médiation et d'Arbitrage de Paris).

This mediation service can be contacted by connecting to the site www.cmap.fr, or by mail to the following address:
39 Avenue Franklin Delano Roosevelt
75008 PARIS

In the event of continuing disagreement between the parties, the dispute may be referred to the competent court.