Conditions d’utilisation

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

ARTICLE 1 – Scope of application

These General Terms and Conditions of Sale apply without restriction or reservation to all sales concluded by the company BANGAO, registered with the RCS of Paris under number 824 590 566 R.C.S. Paris, whose registered office is located in 8 B RUE ABEL, 75012 PARIS – VAT number: FR13824590566 , (hereinafter "the Seller"), with consumers and non-professional buyers (hereinafter "The Customers" or "the Customer"), wishing to acquire the products offered for sale by the Seller (hereinafter "The Products") on the website bagao.shop .

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

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

These terms and conditions are permanently accessible on the website bagao.shop and, where applicable, supersede any other conflicting version or document. These General Terms and Conditions of Sale may be modified subsequently; the version applicable to the Customer's purchase is the one in effect on the website on the date of the order.

Modifications to the General Terms and Conditions of Sale are binding on users of the website bagao.shop as soon as they are published online and cannot apply to transactions concluded previously.

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

Before any purchase or order placement 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 having read, in a clear and understandable manner, these General Terms and Conditions of Sale as well as all the information listed in Article L221-5 of the Consumer Code, before placing an order and concluding the contract.

ARTICLE 2 – Conditions of access and registration

The SITE is accessible free of charge to any Customer with an internet connection. Use of the SITE requires the Customer to bear the costs of the necessary software, hardware, and internet access. The Customer is solely responsible for the proper functioning of their computer equipment, the security of their data, and their internet access.

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

Some services on the SITE require registration or the creation of a personal account. The login credentials required to access the account are a valid email address and a strictly confidential password.

By using the SITE, the Client agrees to provide accurate information regarding their identity, address, and any other data necessary to access the SITE, and to keep this information up to date. They are solely responsible for the security and use of their access information.

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

The Client's registration and/or account are valid indefinitely. The Company reserves the right to terminate all or part of the SITE's functionalities at any time without prior notice or compensation. The Client may delete their account by submitting a request via the contact form.

The Company may terminate or suspend the Client's personal account without prior notice or notification in the event of a breach of these terms and conditions, without prejudice to any legal action.

To make purchases on the SITE, the Customer must:

  • Be a natural person aged at least 18 years, legally capable or having parental authorization allowing them to place an order, and possess a valid delivery address in France;
  • To be a legal entity, providing information relating to its identity (surname-first name), that of its legal representative if applicable, its company name, its SIRET or identification number, its registered office address, its telephone number and its email address.

The Customer acknowledges having the necessary legal capacity to contract and acquire the Products offered on the SITE bagao.shop

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

ARTICLE 3 – Products offered for sale

The following products are available for sale on the website bagao.shop

  • Equipment for green spaces
  • Gardening tools

The main product features, such as specifications, illustrations, and information on dimensions or capacities, are detailed on the website bagao.shop . Customers are advised to consult this information before placing an order.

The selection and purchase of a product are the sole responsibility of the customer. Photographs and graphics displayed on the website bagao.shop are for illustrative purposes only and do not constitute a guarantee by the seller in case of error or omission.

The customer should refer to the description of each product to learn about its properties, essential features, and delivery times. In the case of continuous or periodic supply of goods, the minimum contract duration is also specified.

Contractual information is provided in French and is confirmed at the latest at the time of order validation by the customer.

The products displayed on the website bagao.shop are available for sale only within France. For any order shipped to a country other than mainland France, the customer is considered the importer of the products in question.

For products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes on the invoice. Customs duties or other local taxes may be required and are the responsibility of the customer.

ARTICLE 4 – Validity period of the product offer

Product offers are valid while stocks last, as specified at the time of ordering. For offers with a limited duration, the offer's validity period is indicated on the product, from the start date to the stated end date.

ARTICLE 5 – Seller's contact details

The seller's contact details are as follows:

BANGAO

  • Registered with the Paris and Companies Register under number 824 590 566 R.C.S. Paris
  • Head office: 8 B RUE ABEL, 75012 PARIS
  • VAT number: FR13824590566
  • Email: support@bagao.shop
  • Telephone (technical support): 09 75 31 61 89
  • Telephone (sales department): 02 27 95 27 88

ARTICLE 6 – Orders

6-1. Placing the order

The customer must choose the products they wish to order on the website bagao.shop by following these steps:

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

Upon each order confirmation, the customer is redirected to their account via a secure connection, where they can view a summary of the order. The customer has the opportunity to review their order details, the total price, and correct any errors before confirming acceptance. It is the customer's responsibility to verify the accuracy of the order and to report or correct any errors immediately.

Orders placed on the website bagao.shop will only be definitively registered after all required information has been entered and final confirmation has been given. Order confirmation, including the selection of the payment method and acceptance of the general terms and conditions of sale by checking the box provided for this purpose, is considered final. This confirmation implies full and unreserved acceptance of these General Terms and Conditions of Sale as well as the general terms of use of the website bagao.shop .

Clicking the "CONFIRM MY ORDER" button after accepting the terms and conditions constitutes an electronic signature by the customer, equivalent to a handwritten signature between the parties. The order then becomes binding for the customer upon confirmation.

Order confirmation is sent via an automated email to the email address provided when creating the customer account. The customer receives an email containing a link to their account.

The sale is only final for the company after the seller sends confirmation of order acceptance by email, and after validation and receipt of full payment. Any order placed and validated by the customer, then confirmed by the seller, constitutes a distance contract between the customer and the seller. The data recorded in the seller's computer system constitutes proof of all transactions concluded with the customer, unless proven otherwise.

The seller reserves the right to cancel or refuse any customer order in the event of a dispute concerning payment for a previous order. To limit fraud, the company reserves the right to request proof of identity, address, and payment method from the customer. Order processing will begin upon receipt of these documents. The company may cancel the order if these documents are not received or if they are deemed non-compliant.

The customer can track the progress of their order on the website bagao.shop in the "My Account" section.

The company is committed to making every effort to ensure that the items offered for sale are in stock and available for shipment. However, the presence of an item on the website does not guarantee its availability. If a product becomes unavailable after order confirmation, the seller will inform the customer as soon as possible and, if applicable, offer a product of equivalent quality and price. If no replacement product is available, the seller will reimburse the customer within a maximum of 30 days. The replacement or refund of the initial order extinguishes any further claims by the customer.

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. Order Modification

Once confirmed and accepted by the seller, the order cannot be modified. If the customer wishes to add products not available on the website, they can request a quote through customer service using the contact form. This quote, valid for 30 days, must be accepted by the customer with the words "approved." Payment must be made according to the terms stipulated in Article 8.1.

In the event of a change to the order due to product unavailability, a new quote will be drawn up and must be accepted by the customer.

6-3. Order Cancellation

Once confirmed and accepted by the seller, the order cannot be cancelled, except in cases of right of withdrawal or force majeure. If the customer wishes to cancel their order before it is processed, they must send their request by email to support@bagao.shop

Any order cancellation after processing will be subject to the "returns and right of withdrawal" conditions.

ARTICLE 7 – Rates

Products are supplied at the prices in effect on the website bagao.shop at the time the order is registered by the seller. Prices are expressed in euros, excluding VAT (HT) and including VAT (TTC). Prices displayed on third-party websites (comparison sites, partners, etc.) are not valid when ordering products on the bagao.shop website .

Prices include any discounts offered by the seller on the website bagao.shop . By default, prices shown on the website include value-added tax (VAT) and are marked "TTC". Prices displayed on the website bagao.shop are independent of those charged in Jardins Loisirs stores.

These prices are fixed and non-negotiable during their validity period, as indicated on the website bagao.shop and on the order confirmation. If the customer requests a faster or more expensive shipping method than standard shipping, the additional delivery charges, as displayed at the time of order confirmation, are entirely their responsibility. Shipping is free for all orders delivered within mainland France.

The payment requested from the customer corresponds to the total amount of the purchase. Manufacturers may modify the technical specifications of product references without prior notice. The company reserves the right to update or improve its product descriptions or to withdraw products from sale.

An invoice is issued by the seller and given to the customer upon delivery of the ordered products.

ARTICLE 8 – Payment Terms

8-1. Payment terms

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

  • Credit card (100% secure SSL payment)

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

The seller does not store any banking data. Everything is processed via Payline.

The Payline payment system incorporates SSL security, guaranteeing customer authentication and data confidentiality. Confidential data (card number, expiry date) is transmitted directly to the Payline server in encrypted form and is never transmitted to the merchant's server. The Payline server is directly connected to the bank's servers.

8-2. Payment – late payment

Payment by bank card is irrevocable, except in cases of fraudulent use of the card. In such cases, the customer may request cancellation of the payment and a refund of the corresponding amounts.

The seller will not be obligated to deliver the products ordered by the customer if the customer does not pay the full price according to the conditions stated above. Payments made by the customer will only be considered final upon actual receipt of the funds due by the seller.

Except in cases of force majeure, any deposit paid upon ordering is non-refundable and is forfeited. Furthermore, any late payment will automatically incur a fixed penalty of forty (40) euros, without prejudice to any late payment penalties shown on the invoice.

In the event of late payment by the customer beyond the invoice date, late payment penalties calculated at a monthly rate of 2% of the total amount including VAT shown on the invoice will automatically accrue to the seller, without any formality or prior notice. This will render all sums owed by the customer immediately payable, without prejudice to any other legal action the seller may take against the customer. No discount will be granted for payment before the invoice date.

Furthermore, the seller reserves the right, in the event of non-compliance with the above payment terms, to suspend or cancel the delivery of any pending orders placed by the customer. No additional fees exceeding the costs incurred by the seller for the use of a payment method may be charged to the customer.

ARTICLE 9 – Deliveries

9-1. Shipping Costs

Delivery is completely free within mainland France, including order processing, packaging, and shipping . For deliveries to islands, French overseas departments and territories (DOM-TOM), or abroad, the customer must contact support@bagao.shop for a quote. For international deliveries, the customer is considered the importer of the product and is responsible for any applicable customs duties, import taxes, or other local taxes.

9-2. Delivery methods and deadlines

Delivery consists of the transfer of physical possession or control of the Product to the Customer. Except in special circumstances or in the event of unavailability of one or more Products, these will be delivered in a single shipment along with the user manual and installation instructions.

  • Orders are prepared within 1 to 2 working days after payment confirmation (Monday to Saturday, excluding public holidays).
  • The estimated delivery time is 4 to 5 working days from the date of dispatch (Monday to Saturday).
  • The total delivery time is therefore 5 to 7 working days after payment confirmation.

Delivery times are given as an indication only and may vary depending on the carrier, destination or exceptional circumstances (peak periods, weather conditions, etc.).

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

If the ordered products are unavailable, the Customer will be immediately notified by email. In the event of a delivery delay, whether by postal service or courier, the Customer can contact the Seller's customer service department to obtain information on the delivery status of their package.

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.

Parcel delivery: Items weighing less than 30 kg, meeting certain size and strength requirements, are shipped via Colissimo. Products are delivered to the delivery address provided by the customer when placing the order.

Delivery by carrier: For deliveries by carrier, the Seller reserves the right to contact the Customer to adjust delivery times if necessary. In case of disagreement with the proposed delivery time, the sale may be canceled and the order promptly refunded. After order confirmation, the Seller's delivery service will contact the Customer by phone or email to confirm the delivery time.

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

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

9-4. Reception and Complaints

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

The Customer must check the condition of the packaging, the number of packages, and the products themselves in terms of quantity, references, condition, and characteristics before signing the delivery note. General reservations such as “subject to unpacking” are not accepted by carriers' insurance companies, and the goods must be unpacked in the presence of the carrier for inspection.

In the event of a claim for damage, missing package or non-conformity of the product, the Customer must contact the Seller by email or telephone within a maximum of 48 hours after delivery.

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

9-5. Delays

Despite every effort to meet the stated delivery times, these are provided for informational purposes only. If the ordered Products are not delivered within six (6) business days of the estimated delivery date, for reasons other than force majeure or the Customer's own actions, the Customer may request cancellation of the sale in writing.

The sums paid by the Client will then be refunded at the latest within fourteen days following 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, delivery is considered complete once the Seller has handed over the Products sold to the carrier, who has accepted them without reservation. The Customer acknowledges that the responsibility for delivery then rests with the carrier, and that no warranty claim can be brought against the Seller in the event of non-delivery of the transported goods.

Any specific request from the Customer regarding the packaging or transport conditions of the products, accepted in writing by the Seller, will result in additional costs charged on a quote previously accepted by the Customer.

ARTICLE 10 – Transfer of Ownership and Risks

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

Regardless of when ownership of the Products is transferred, the associated risks of loss or damage are transferred to the Customer only upon physical delivery of the Products. Therefore, the Products travel at the Seller's risk, unless the Customer has chosen an independent carrier.

ARTICLE 11 – Returns and right of withdrawal

Under applicable laws, the Customer has fourteen (14) days from receipt of the Product to exercise his/her right of withdrawal with the Seller , without having to provide justification or pay penalty, for an exchange or a refund.

The products may be handled only to the extent necessary for testing. Any depreciation resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the product may result in a deduction from the refund.

Incomplete, damaged or soiled returned products may be subject to a partial refund or be refused.

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

Return shipping costs will be covered by our company (BANGAO).

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

ARTICLE 12 – Seller's Liability and Warranty

The seller, BANGAO, is responsible for ensuring the products conform to the contract. This allows the consumer to invoke the legal guarantee of conformity, in accordance with Articles L 217-4 et seq. of the French Consumer Code, as well as the guarantee against hidden defects under Articles 1641 et seq. of the French Civil Code. For any questions relating to these guarantees, please contact:

BANGAO
8 B RUE ABEL
75012 PARIS

Applications must be sent by registered mail with return receipt requested to the above address and must include:

  • The Client's full contact details;
  • The product references in question;
  • The detailed reasons for the claim.

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

The products sold on the website bagao.shop comply with French regulations and are suitable for non-professional use.

The products supplied by the Seller benefit, by right and without additional cost, from the legal guarantee of conformity for defective, damaged or non-conforming products, and from the legal guarantee against hidden defects for defects in material, design or manufacture, in accordance with the terms defined below.

Within the framework of the legal guarantee of conformity, it is reminded that the Customer:

  • The customer has two years from the date of delivery of the product to take action against the Seller;
  • Can choose between repair or replacement of the product, subject to the cost conditions set out in Article L 217-9 of the Consumer Code;
  • There is no need to prove the existence of the non-conformity during the twenty-four months following delivery of the product.

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

The Customer may also decide to invoke the warranty against hidden defects, in accordance with Article 1641 of the Civil Code; in this case, he may choose between cancellation of the sale or a reduction in 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 terms and conditions of sale.

The products offered comply with current French legislation. For deliveries outside of France, BANGAO accepts no responsibility for non-compliance with the laws in force in the destination country.

ARTICLE 13 – Intellectual Property

All texts, comments, works, illustrations and images available on the website bagao.shop are protected by copyright and intellectual property laws worldwide.

Consequently, and in accordance with the provisions of the Intellectual Property Code, only use for personal purposes is authorized, subject to any different or more restrictive conditions stipulated by the Industrial Property Code. Any other use constitutes an infringement of intellectual property rights and is liable to penalties, unless prior written authorization is obtained from the Seller.

ARTICLE 14 – Protection of Personal Data

In accordance with the "Data Protection Act" of 6 January 1978, amended by law no. 2004-801 of 6 August 2004, the Seller has declared the collection and processing of Customer Personal Data to the CNIL under number 2042246.

The website bagao.shop collects personal data such as: title, surname, first name, address, postal code, telephone number, date of birth, nationality, email, IP address, geographical location and browsing data.

This information is used for managing user accounts, processing orders, invoicing, customer relationship management, promoting website offers, conducting analyses and statistics, managing loyalty programs, organizing contests and other promotional activities, and managing customer reviews of our products and services. By using the website, the buyer agrees to these terms.

In accordance with the French Data Protection Act of 6 January 1978 and the GDPR (General Data Protection Regulation) in force since 25 May 2018, the Customer has the right to access, rectify, object to, erase, and transfer their personal data at any time. To exercise these rights, they may write to the Seller, providing proof of identity, at the following address:

BANGAO
8 B RUE ABEL
75012 PARIS

For any request to modify or update personal data, the Client can also use the contact form on the site or send a letter to the address above.

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

This data will be kept for a period of two years from the end of the business relationship.

ARTICLE 15 – Safety and Risk Instructions

The customer agrees to observe the following instructions relating to our products:

  • Compliance with Technical Specifications: The customer must comply with the technical specifications of the product offered for sale and its intended use.
  • Awareness of Potential Risks: The customer is required to be aware of the potential risks associated with the use of the products and, where appropriate, to equip themselves with suitable personal protective equipment.
  • Safety Instructions: It is imperative to follow the start-up, use, maintenance and safety instructions specified in the user manual supplied with the product.
  • Age Restriction: Use of the products is reserved for adults over the age of 18.
  • Mandatory Manual Reading: Before first use, the customer must carefully read the user manual 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 their responsibility to provide the user manual and all the information necessary to ensure safe use.
  • Assured Manual Availability: Each machine is delivered with an instruction manual. The Seller requests that the customer read this manual carefully before use. If, for any reason, the manual is not included in the package, it is imperative not to use the machine and to inform the Seller immediately before any use.

ARTICLE 16 – Disputes

All disputes relating to purchase and sale transactions carried out in accordance with these general terms and conditions of sale, including those concerning their validity, interpretation, performance, termination, consequences and subsequent effects, which could not be resolved amicably between the Seller and the Customer, shall be submitted to the competent courts in accordance with common law.

For the purpose of determining the competent jurisdiction, the Seller elects domicile at its registered office.

ARTICLE 17 – Mediation

Pursuant to Ordinance 2015-1033 of August 20, 2015 and Decree No. 2015-1382 of October 30, 2015 concerning the mediation of consumer disputes, any consumer has the option of using the mediation service offered by the Seller free of charge when a consumer dispute could not be resolved amicably with Customer Service.

The proposed mediator for consumer disputes is the CMAP (Paris Mediation and Arbitration Centre).

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

In the event of a persistent disagreement between the parties, the dispute may be submitted to the competent court.