Terms and Conditions of Sale
Please read these T&Cs carefully before ordering any Products on the Website. By ordering any of our Products on the Website, you agree to be bound by these T&Cs.
The Products purchased on the Website are sold by Bally France SAS, with registered office in France at 35, Boulevard des Capucines, 75002 Paris, 552 006 702 R.C.S. Paris, tax code and VAT number FR34552006702, email address serviceclientsFR@bally.ch and telephone number 00800 1851 1851. ("Bally" or "we" or "us").
1. OUR BUSINESS POLICY
1.1 Bally offers its Products for sale on the Website, including its e-commerce business services are available exclusively to its end users i.e. any natural person who is acting for purposes which are outside his/her trade, business or profession (a "consumer"). If you are not a consumer, please do not buy any Product(s) on the Website. We reserve the right not to process orders received from users who are not consumers and any other order which does not comply with our business policy.
1.2 Bally only offers its Products to consumers over the age of 18. If you are under 18 you are strictly prohibited from ordering Products from the Website. Bally reserves the right to cancel any orders from consumers we believe to be under the age of 18.
1.3 We do not sell second-hand Products, flawed Products or Products of lower quality than the corresponding market standards. The main characteristics of Products are shown on the Website and on each Product page. The Products offered for sale on the Website may not exactly correspond to the real Products in terms of image, dimensions and colours depending on your Internet browser or monitor quality.
1.4 Products ordered on this Website may only be shipped in France (the "Country"). Please see Section 4 in these T&Cs for more information.
1.5 These T&Cs (together with the documents referred to herein) regulate the offer, transmission and acceptance of purchase orders relating to Products on the Website between the users of the Website and Bally.
2. HOW TO PROCESS AN ORDER
2.1 To place an order you should select the Products you desire to purchase on the Website, select a size, add the items to your shopping bag by clicking on "Add to Shopping Bag". Once you are ready to checkout, click on the shopping bag icon at the top right of the screen which will display all of the Products you have selected to purchase. It is your responsibility to check the items in your shopping bag are the correct style, colour and size before proceeding. Once you are ready to proceed with your order, click on "Secure Checkout" where you will be able to add gifting options and will be asked to select your preferred payment method and delivery option as well as enter personally identifiable information and after having read and accepted these T&Cs, click on the relevant acceptance button. You will be requested to log into your personal account (if you are already registered) or continue through guest check out.
2.2 All orders are subject to acceptance and availability. Please be aware that Products in your Shopping Bag are not reserved and can therefore be purchased by other users until you complete the whole checkout process.
2.3 Your order will be submitted to us when you click on the icon "Pay Now" at the end of the order process. An order shall be deemed to have been submitted to Bally when you receive an order receipt email (automatically generated) confirming the content of your order which has been received.
2.4 Your contract with Bally becomes effective at the time you confirm your order by clicking on the icon "Pay Now", but is subject to the condition that Bally thereafter sends you a second confirmation email once Bally has dispatched the Products indicating the acceptance of your order, the essential characteristics of the purchased Products, a detailed breakdown of the price paid for each Product and delivery costs and details (" Order Status Update").
2.5 If your order is dispatched in more than one package, you may receive separate Order Status Updates for each package and the contract for the different Products will be subject to the condition of our sending of the related Status Updates.
2.6 You may access your order form by clicking on the section called "My Account", in "Check Your Order Status".
2.7 Bally reserves the right not to accept your order for valid reasons as such those indicated in "Our Business Policy" or "Shipping and Delivery" sections. In such case, Bally will inform you by email of the cancellation of the order.
2.9 We strongly invite you to print a copy of these T&Cs and the order summary using the print option and save a copy thereof for your own personal use.
3. PRICES AND PAYMENTS
3.1 All prices indicated on each Product page are inclusive of applicable taxes. Prices are subject to change. However, such changes will not impact the price, or the description of the Products which you have already submitted an order for.
3.2 Although we have taken all reasonable care that prices contained in the Website are accurate at the time of publication, a small number of Products in our Website may be mispriced. If we discover a mistake on the price of a Product for which you have submitted an offer, we will inform you of the correct price and we will give you the option to continue with your order at the correct price or to cancel it.
3.3 You may pay for your order using the payment methods available on the Website such as payments with credit/debit cards.
3.4 We take reasonable care to make our Website secure. All payment transactions on our Website are processed using Cybersource, a secure online payment gateway that encrypts your payment details in a secure host environment. We will securely store your credit/debit card details on the Demandware platform. These details will be fully encrypted and only used to process card transactions which you have initiated or to issue refund in case of return or unavailability of the Products or if required by law.
3.5 Should your card fail to process the order online, please ensure that all your details submitted are correct and retry the transaction. Should the problem persist, please contact your card issuer directly as Bally will be unable to assist you with these types of payment failures.
3.6 Payment will be "reserved" or "frozen" by your payment provider when you attempt to/make a purchase on the Website. The price for the purchase of Products and the corresponding costs for shipping and delivery, will be charged to your chosen payment method only when the purchased Products are actually shipped.
3.7 To ensure that your credit or debit card is not being used without your consent Bally will validate your name, address details and other personal information supplied by you in placing the order through facilities offered by Cybersource Corporation.
3.8 Bally reserves the right to implement any additional and/or other payment security system from time to time.
3.9 Refunds, for whatever cause due, of any payment received by you will take place using the same method of payment you chose during the check-out procedure and cannot be amended after your order has been placed.
4. SHIPPING AND DELIVERY
4.1 For specific shipping and delivery details, the information provided in the below section forms an integral part of the Ts&Cs and is hereby incorporated by reference.
4.2 Delivery from this Website is restricted to France only.
4.3 Bally are unable to deliver to addresses such as P.O boxes. Any orders with these delivery details will be automatically cancelled.
4.4 The final Order Status Update will contain information on the carrier and the associated tracking number(s).
4.5 Currently, the Bally carriers are only able to deliver Monday to Friday (excluding public holidays), during working hours in the Country.
4.6 All shipments will require a legible signature of the customer upon delivery.
4.7 In the event that we are unable to deliver the Products to you within 30 days from the conclusion of the contract, you are entitled to terminate the contract and to request the full reimbursement of your order.
4.8 Upon delivery, it is the customers' responsibility to ensure that the parcel that they are signing for is without damage, visible alteration or wet. Any such defects should be reported on the delivery note (when you sign for the delivery).
4.8 Upon full and correct payment, delivery, and signature of the parcel, the Products will become your property and you will become fully responsible for the Products.
5. RIGHT OF WITHDRAWAL/RETURNS POLICY
5.1 As a consumer, you may cancel your contract in relation to Products purchased on the Website, without any reason or penalty, by either contacting Client Services on 00800 1851 1851, Email: serviceclientsFR@bally.ch or you can submit your return request via email by using the Model withdrawal form. If you use this form, we will send you an email to confirm we have received your cancellation. You have fourteen (14) days from delivery of the Products to submit your returns request.
5.2 More details of your right of withdrawal, terms and conditions and explanations of how to exercise it are provided in the Returns Policy.
6.1 Bally warrants to the consumer that the Products that we delivery from this Website comply with the specifications and are free of material defects and workmanship errors for a period of twelve (12) months from the date of delivery.
6.2 Details of the contractual warranty granted by Bally and statutory rights on consumer goods, terms and conditions and explanations of how to exercise the relevant rights and returning the defective Products are provided in the Warranty Policy.
7. CLIENT SERVICES
7.1 Client Services will be able to assist customers with requests for information, assistance on orders, shipping, refunds and returning Products purchased on the Website. Client Services can be contacted on 00800 1851 1851 or via email at serviceclientsFR@bally.ch. Client Services operating times are: Monday to Friday, 9am to 5pm CET.
9.1 Bally may sub-contract the performance of all or any of its obligations under these T&Cs at any time without your consent and may transfer these T&CS (including a transfer resulting from a merger, demerger, division, transfer of a business unit or part of a business unit or the entire business) and/or the purchase contract entered into by and between Bally and you, completely or partially, to third parties (including affiliates of Bally), without your consent.
9.2 You must not assign or subcontract any right or obligation under these T&Cs without the prior written consent of Bally.
10. OUR CONTACT DETAILS
10.1 Our contact details are:
Bally France SAS, 35, Boulevard des Capucines, 75002 Paris, France
VAT registration number: FR34552006702
Telephone: 00800 1851 1851
11. ENTIRE AGREEMENT, AMENDMENTS AND UPDATES
11.1 These T&Cs supersede and replace all prior general conditions of sale of the Website.
11.2 These T&Cs and all the other policies of the Website may be amended from time to time due to new laws and regulations or other reasons. The new T&Cs and policies shall be effective as of the date of publication on the Website in relation to new orders placed after their publications.
12.1 If any provision of these T&Cs shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these T&Cs which shall remain in full force and effect.
13. GOVERNING LAW AND JURISDICTION
13.1 These T&Cs and the other policies of the Website shall be governed by and interpreted in accordance with the laws of Switzerland. Disputes arising in connection with these terms shall be subject to the non-exclusive jurisdiction of the court of Lugano, Switzerland, without affecting the consumer's right to start a claim before the courts of the place of residence.
These T&Cs are subject to updates and amendments from time to time. The version published on the Website is the version currently in force. The purchase of the Products is subject to the T&Cs which are placed on the Website at the date of your submission of the order form.
The effective date of these T&Cs is 1st July 2014.