Article 1: Scope of Application
These General Terms and Conditions of Sale (hereinafter "T&Cs") govern all commercial relationships between LA MONTAGNE VERTE S.A.R.L., hereinafter referred to as "the Seller", and professional buyers, hereinafter referred to as "the Client", on the website pro.el-badia.com. Any order implies the Client's unreserved acceptance of and full adherence to these T&Cs, which take precedence over any other Client document, except in the case of negotiation of special conditions.
Article 2: Products and Prices
2.1 The products offered for sale are those listed on the pro.el-badia.com website on the day of consultation by the Client.
2.2 Product prices are indicated in euros excluding taxes (HT). Applicable VAT will be added at the time of invoicing according to the current rate, except in cases of legal exemption.
2.3 The Seller reserves the right to modify its prices at any time, it being understood that the applicable price will be the one in effect at the time of order validation.
2.4 Discounts may be granted based on ordered quantities or order regularity. These discounts will be subject to special sales conditions.
Article 3: Orders
3.1 Orders are placed exclusively on the pro.el-badia.com website.
3.2 The order becomes final only after written confirmation from the Seller and receipt of full payment.
3.3 The Seller reserves the right to refuse any order from a Client with whom there is an existing dispute regarding payment of a previous order.
Article 4: Payment Terms
4.1 Payment is made in full by credit card or bank transfer at the time of order.
4.2 No order will be processed without prior full payment.
4.3 In case of late payment, penalties will be applied at the legal interest rate plus 10 points, as well as a fixed indemnity for recovery costs of 40 euros, in accordance with Articles L. 441-10 and D. 441-5 of the Commercial Code.
Article 5: Delivery
5.1 Delivery times are given for information only. Any delay in delivery cannot give rise to damages or cancellation of the order.
5.2 Risks are transferred to the Client upon handover of the goods to the carrier.
5.3 In case of damage observed upon delivery, the Client must imperatively make reservations on the delivery note and inform the Seller by email or mail as soon as possible.
Article 6: Retention of Title
The Seller retains ownership of the goods sold until full payment of the price, in principal and accessories. In the event of non-payment at the due date, the Seller may reclaim the products and terminate the sale.
Article 7: Warranties
7.1 Products are guaranteed against any material or manufacturing defect for a period of 12 months from the date of delivery.
7.2 The warranty is limited to the replacement or repair of defective parts, excluding any compensation for any reason whatsoever.
7.3 Excluded from the warranty are: normal wear and tear, damage due to non-compliant use or lack of maintenance.
Article 8: Liability
The Seller's liability can only be engaged in case of proven fault and will be limited to direct damages, excluding any indirect damage of any nature whatsoever.
Article 9: Force Majeure
The Seller cannot be held responsible if the non-execution or delay in the execution of one of its obligations results from a case of force majeure within the meaning of Article 1218 of the Civil Code.
Article 10: Intellectual Property
All elements of the pro.el-badia.com website are and remain the exclusive intellectual property of the Seller. No one is authorized to reproduce, exploit, redistribute, or use in any capacity, even partially, these elements.
Article 11: Personal Data Protection
In accordance with the General Data Protection Regulation (GDPR), the Client has the right to access, rectify, erase, and port their personal data. These rights can be exercised by contacting: contact@el-badia.com.
Article 12: Applicable Law and Jurisdiction
These T&Cs are subject to French law. Any dispute relating to their interpretation and/or execution falls under the jurisdiction of the competent courts of Paris.
Article 13: Product Availability
13.1 Our product offers and prices are valid as long as they are visible on the site, subject to stock availability.
13.2 Upon receipt of your order, we verify the availability of the ordered product(s). In case of unavailability, we commit, within 30 days from the order validation:
• either to deliver the ordered product,
• or to offer you a similar product at a similar price,
• or to issue you a credit for the amount of the ordered product.
Article 14: Legal Information
The pro.el-badia.com website is published by:
LA MONTAGNE VERTE S.A.R.L.
Trade name: EL-BADIA
Registered office: 75 rue Saint Denis, 75001 Paris, France
Share capital: 7622.45 Euros
RCS: Paris B 381 257 013
SIRET No.: 38125701300064
NAF Code: 4649Z
Telephone: 08.05.01.19.97 / +33.1.45.31.29.51
E-mail: contact@el-badia.com
Publication Director: Badri HELOU
