GENERAL CONDITIONS OF ONLINE SALE BNP PARIBAS BOUTIQUE / STACI

ARTICLE 1 : CONTACTS

STACI 4 - Boutique BNP PARIBAS
ZI du Vert Galant
5/7 av des Gros Chevaux
95310 SAINT OUEN L'AUMONE

Telephone number: : composez le +33 1 34 40 27 69
Email contact : bnppshop@staci.com

ARTICLE 2 : OBJECT

2.1	The General Terms and Conditions govern the sale by ATLANTIQ (hereinafter, "ATLANTIQ") of BNP PARIBAS promotional products (hereinafter, "the Products") presented in the catalogue accessible on the BNP PARIBAS BOUTIQUE website and BNP PARIBAS shop (hereinafter, "the Boutique"), the related logistical services being undertaken by STACI (hereinafter, "STACI").
2.2	Sale of the Products is strictly reserved, on the one hand, for employees of BNP PARIBAS Group (hereinafter, "the Private Clients") and, on the other, for entities in the BNP PARIBAS Group (subsidiaries, agencies, branches, etc.) hereinafter referred to as "the Professional Clients". The Private Clients and Professional Clients are referred to, without distinction, as "the Client".
2.3	These General Terms and Conditions of sale shall apply from 1 June 2016 and take precedence over any other document, in all instances.
2.4	They may be changed by ATLANTIQ at any time. The amended General Terms and Conditions shall come into effect on the date of their publication online on the Intranet site and shall not apply to prior and pending orders.
2.5	The contractual offer shall be in French or English, at the discretion of the Client.
2.6	The Products are sold by ATLANTIQ in line with actual current stock levels. Private Clients will be informed by STACI if any Products ordered are out of stock and the sums paid shall be reimbursed immediately and within fourteen days at the latest.
2.7	Each of the Products is accompanied by a description. Catalogue photographs shall be as reliable as possible, but STACI cannot guarantee that they comply fully with the Products ordered, notably as regards colours.

ARTICLE 3 : ORDERS

3.1	Any Client who wishes to place an order for Products must: Input his/her "Personal Settings"; Enter the order online by indicating the references and quantities of the Products selected that are the subject of the order; Indicate the address for delivery of the order; For Professional Clients: check the accuracy of the invoicing address for the order, or send STACI, by e-mail, the new invoicing address so that it can make the necessary changes; For Private Clients: enter the data required for secure online payment; Agree to these General Terms and Conditions of Sale.
3.2	The Client must confirm the order after checking and/or correcting the details referred to under Article 3.1 of the General Terms and Conditions of Sale.
3.3	Confirmation of an order implies unreserved acceptance of these General Terms and Conditions of Sale and the waiving of all other terms and conditions. Confirmation of the purchase order constitutes signature and acceptance of the offer of sale. All data provided by the Client and the confirmation submitted will constitute proof of the transaction.
3.4	After having confirmed the order, Private Clients must pay online in accordance with the provisions of Article 7.3 below. After acceptance of the payment by the Bank Payment Centre, they will receive electronic confirmation of receipt from STACI setting out the terms and conditions of the order placed and paid for.
3.5	A one-off supplement of €6.00 shall be payable on all orders amounting to less than €30.00, before VAT. In accordance with the applicable tax regulations in force for each Client, the price including VAT shall be displayed before the order is confirmed.

ARTICLE 4 : RECORD KEEPING

4.1	Records of all orders equal to or higher than €120 inclusive of tax, will be kept for ten (10) years following delivery.
4.2	STACI may provide a copy of the contract at any time, within eight (8) days of request by the Client.

ARTICLE 5 : DELIVERY

5.1	Deliveries shall be made to the address indicated by the Client on the purchase order.
5.2	Delivery times vary, depending on the choice made by the Client: Standard delivery: a) 48-72 hours for Metropolitan France, from issue of the acknowledgement of receipt of the order by STACI; b) five (5) working days for European Union Member States, after approval of the shipping estimate. Express delivery: a) 24 hours for Metropolitan France, for any order received before noon; b) 24-72 hours on average for European Union Member States, after approval of the shipping estimate. For overseas departments and territories and abroad: the delivery lead times will depend on the import and export formalities required. In any case, delivery lead times are provided for information only and Professional Clients shall not be entitled to cancel a sale, refuse delivery of goods and/or claim any compensation in the event of any delay. The right of withdrawal of Private Clients residing in France, in the event of late delivery, is set out in Article 6 below.
5.3	The risks relating to Products sold are transferred to Professional Clients on collection from the STACI premises.
5.4	On receipt of the Products ordered, it is up to the Client to indicate in writing on the delivery note any reservations as to quality or quantity, by describing any damage or indicating that a package is missing. Failing this, the Client will be deemed to have signed the delivery note for acceptance without any reservations.
5.5	In the event of damage during shipment, it is it is the responsibility of the Client to submit a justified complaint to the Carrier within three (3) days of delivery.
5.6	Any Client issuing reservations should confirm these to STACI within 72 hours by letter and/or fax.
5.7	Failing any special agreements if the shipment is not covered by insurance, the following rules shall apply to Professional Clients irrespective of the legal capacity in which STACI is involved. Shipments under 3 tonnes: €23 per kilo for each of the Products in the shipment, up to a maximum of €750 per missing, stolen or damaged parcel, whatever the weight, volume, dimensions or value. Shipments over 3 tonnes: €14 per kilo of missing, damaged or stolen Products, up to a maximum of €2,300 per tonne. Clients may issue precise written instructions to STACI with regard to insurance that will be invoiced separately.

ARTICLE 6 : RIGHT OF WITHDRAWAL BY PRIVATE CLIENTS

6.1	Private Clients shall have fourteen (14) clear days in which to exercise their right of withdrawal without having to provide justification or pay any penalties other than the return shipping fees. They may cancel orders up to the date of receipt.
6.2	This period of fourteen (14) days runs from receipt by Private Clients of the Products. If the fourteen-day period expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
6.3	To exercise their right of withdrawal, Private Clients may use the model withdrawal form available from the Boutique (click here), or any other method of their choice, which must be sent to the address indicated in Article 1. STACI will then inform the Client of the procedures for return of the Products concerned. These should be returned to STACI, in their original packaging, intact and complete (for Products delivered with accessories and documents), within fourteen (14) days, at the latest, of the date on which this right is exercised.
6.4	If the right of withdrawal is exercised by a Private Client, only the price paid by the Private Client for purchase of the Products concerned, including shipping costs, will be reimbursed by ATLANTIQ. ATLANTIQ shall reimburse the entire amount of the order immediately, and by the latest within fourteen (14) days of the date on which the right is exercised, by bank transfer to the account that was used by the Private Client to pay for the Products concerned, or by any other means agreed between ATLANTIQ and the Private Client, without additional costs for the Private Client. Reimbursement of the Private Client may, however, be deferred until recovery of the Products returned or until the Private Client has provided proof of dispatch of the Products concerned, reimbursement being triggered by whichever of these events occurs first. .

ARTICLE 7 : PRICE AND PAYMENT TERMS

7.1	The prices for the Products indicated in the Boutique are in euros both exclusive and inclusive of tax. Shipping fees for the Products are not included in the price of the Products but are indicated on the website when the order is placed.
7.2	For Professional Clients, payment for orders placed online through the website falls due on receipt of the invoice issued by ATLANTIQ after the order has been placed. This invoice is sent to the billing address indicated in the order and specifies the Products and quantities for delivery, together with the shipping costs. The invoice must be paid to ATLANTIQ within forty five (45) days of the date on which it is issued, either by a bank transfer or by cheque, at the discretion of the Professional Client. A 1.5% supplement on total invoice amount per month of delay will apply for late payment. In the event of any default in the payment of invoices to ATLANTIQ, the Professional Client may be entered on a special list.
7.3	For Private Clients, orders placed are paid for directly online through a secure online payment system on acceptance of the order. The Private Client's bank account is debited prior to dispatch of the order.

ARTICLE 8 : COMPLAINTS - WARRANTIES -AFTER-SALES SERVICE

8.1	All complaints by the Client relating to a defect or a lack of conformity with the order (Articles L211-1 et seq. of the Consumer Code), or any hidden defect of the Product (Articles 1641 et seq. of the Civil Code) must be made to STACI within the statutory deadlines from receipt of the Products delivered. For more information about these legal warranties and their time limits, please refer to the articles concerned that are appended to these General Terms and Conditions of Sale. However, defects and damage caused by natural wear and tear or by Clients (such as incorrect disassembly, poor maintenance, improper use, water damage, etc.), by a third party or by a force majeure event are excluded from the warranty, as are batteries for devices.
8.2	The Client must retain the packaging specific to the promotional Products ordered, such as watch cases, pen cases, etc.
8.3	Products may only be returned with the prior consent of STACI. Returned Products must be accompanied by a copy of the invoice and/or delivery note, as well as a letter setting out the reason for the return. They must also be accompanied by the specific packaging for the Products concerned. The shipping fees are payable by the Client.

ARTICLE 9 : PRIVATE CLIENT DATA PROTECTION

9.1	In accordance with Law no. 78-17 of 6 January 1978, this website is registered with the French Data Protection Authority (CNIL).
9.2	Information communicated by Private Clients through this website allows STACI to process and perform orders placed.
9.3	The Clients referred to in Article 9.2 above have a right to access, amend or delete their personal data, which they can exercise by sending an e-mail to STACI, at the address indicated in Article 1, and attaching proof of identity.

ARTICLE 10 : CLAIMS AND LITIGATION

10.1	These General Terms and Conditions of Sale are governed by French law and the competent French courts have sole jurisdiction for all disputes relating to their application.
10.2	The courts of Pontoise shall have sole jurisdiction for all legal proceedings are brought by a Professional Client in relation to the conclusion, validity, interpretation, performance, non-performance, suspension or termination of the contract, notwithstanding multiple defendants or the introduction of third parties.

LEGAL NOTICES

STACI, a simplified joint stock company (SAS) with a capital of EUR 4,370,200, entered in the Pontoise Trade and Companies Register under the number B 349 145 243; company unit registration number (SIRET) 349 145 243 00029; EEC VAT number: FR 349 145 243; Shipping company licence no. DC 111 101 768 Registered Office: ZAC des BETHUNES Avenue du Fond de Vaux - F-95310 SAINT OUEN L’AUMONE Postal address: P.O. Box 59124 - F-95074 CERGY PONTOISE CEDEX

ATLANTIQ, a simplified joint stock company (SAS) with a capital of EUR3 219 000, entered in the Paris Trade and Companies Register under the number 527 919 641, with its registered office at 104 Avenue Albert Premier 92500 Rueil Malmaison
Invoicing and collection: boutiquebnpp@atlantiq.fr

APPENDIX

The seller is bound by any lack of conformity of the Products with the contract under the conditions laid down in Article L.211-4 et seq. of the Consumer Code, and by any hidden defects in the Products sold under the conditions laid down in Articles 1641 et seq. of the Civil Code.

Where consumers claim under the statutory warranty, (i) they have two years from delivery of the Products in which to act; (ii) they may choose between repair and replacement of the Products, subject to conditions relating to costs laid down in Article L211-9 of the Consumer Code, (iii) they are exempt from the requirement to provide proof of the lack of conformity of the Products concerned for six months from delivery of those Products (this period increasing to 24 months from 18 March 2016), (iv) the statutory guarantee of conformity applies regardless of any commercial warranty that may be granted.

The consumer may decide to trigger the warranty against hidden defects of the object sold, as defined in Article 1641 of the Civil Code, and, where this is the case, he/she may choose between termination of the sale or a reduction in the sales price pursuant to Article 1644 of the Civil Code.

Article L. 211-4 of the Consumer Code
The seller is bound to deliver an item that conforms to the contract and to remedy any lack of conformity existing on delivery. It is also liable for any lack of conformity resulting from packaging, or assembly or installation instructions for which it is responsible under the contract or that is performed under its responsibility.

Article L. 211-5 of the Consumer Code
To comply with the contract, the item must be:
1. fit for the purpose usually associated with such an item, and, where applicable:
- correspond to the description given by the seller and have the qualities that the latter indicated to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in light of the public declarations made by the seller, producer or representative thereof, notably in advertising or on the label;
2. Or present the characteristics defined by mutual consent by the parties or be fit for any special usage sought by the buyer, and brought to the knowledge the seller and which the latter has accepted.

Article L. 211-7 of the Consumer Code
Any lack of conformity that emerges within six months of delivery of the item is presumed to have existed at the time of delivery, in the absence of proof to the contrary.
The seller may challenge this presumption if it is not compatible with the nature of the item or the lack of conformity invoked.

Article L. 211-10 of the Consumer Code
If repair or replacement of the Products are not possible, the buyer may return the item and be repaid the price, or retain the item and be repaid a portion of the price. The same option is available:
1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the claim being made by the buyer;
2. Or if this solution cannot be undertaken without any major disadvantage for the latter given the nature of the item and its intended use.
Termination of the sale may not however be undertaken if the lack of conformity is minor.

Article L. 211-12 of the Consumer Code
Legal action resulting from a lack of conformity becomes time barred two years after delivery.

Article 1641 of the Civil Code
The seller is bound by the warranty against hidden defects in the item sold that render it unfit for its intended purpose, or that so impair its use that the buyer would not have acquired it, or would only have done so at a lower price, if he/she had been aware thereof.

Article 1644 of the Civil Code
[...] The buyer has the choice of returning the item, being repaid the price, or retaining the item and being repaid a portion of the price, as determined by experts.

Article 1648(1) of the Civil Code
Legal action resulting from hidden defects must be brought by the buyer within two years of discovery of the defect.