Effective as of 01/01/2024

These Terms and Conditions of Sale (“Terms”) govern the sale of products offered by BALBOA Design and define the respective rights and obligations of BALBOA Design and its Customers.
These Terms are available at all times on balboadesign.fr.

ARTICLE 1 — COMPANY INFORMATION
BALBOA Design
ZI Rue René Réaumur
26100 Romans-sur-Isère
France
SIREN: 942 661 554
EU VAT number: FR17 942661554
Phone: +33 6 48 14 96 85
Email: contact@balboadesign.fr


ARTICLE 2 — PRODUCTS
BALBOA Design designs and manufactures furniture and objects, produced in limited series or made to order.
Production involves natural materials, artisanal processes and hand-applied finishes.
As a result, slight variations may occur from one piece to another, particularly in colour, grain, texture, surface or finish.
Where such variations result from the nature of the materials or the manufacturing process and do not affect the intended use of the product, they shall not be considered defects.
Photographs displayed on the website are intended to represent the products as accurately as possible. Slight differences in appearance may nevertheless occur, particularly due to lighting conditions or screen settings.


ARTICLE 3 — ORDERS
Customers may place an order:

• directly through balboadesign.fr;

• by quotation or purchase order;

• through written communication with BALBOA Design.

For orders placed by quotation, the order becomes binding once the quotation has been accepted and any required deposit has been received.
BALBOA Design reserves the right to refuse an order for legitimate reasons, particularly in the event of non-payment or a previous dispute relating to payment of an order.


ARTICLE 4 — PRICES
Prices are stated in euros, inclusive of applicable taxes (VAT included) for individual consumers, unless otherwise indicated.
Any delivery charges are communicated to the Customer before the order is confirmed.
BALBOA Design may change its prices at any time. The price applicable to an order is the price accepted by the Customer at the time the order is placed.


ARTICLE 5 — PAYMENT AND DEPOSITS
Payment shall be made according to the methods offered at the time of ordering or specified in the relevant quotation.
Certain orders may require a deposit, the amount of which will be stated on the corresponding quotation or invoice.
Production begins once the deposit has been received.
The remaining balance is payable according to the terms specified at the time of ordering and, unless otherwise agreed, before the product is dispatched or delivered.


ARTICLE 6 — PRODUCTION AND LEAD TIMES
Certain BALBOA Design pieces are made to order.
Production lead times are generally between 6 and 10 weeks, depending on the piece, materials, selected finishes and the workshop’s production schedule.
The applicable lead time is communicated to the Customer when the order is placed.
Where a deposit is required, the production lead time begins upon receipt of that deposit.
In the event of a significant delay, BALBOA Design will inform the Customer as soon as reasonably possible.


ARTICLE 7 — DELIVERY
Products may be:

• delivered to the address provided by the Customer;

• collected directly from the workshop where this has been agreed in advance.

The Customer is responsible for ensuring that all delivery information provided is accurate.
Upon receipt, the Customer is encouraged to inspect the condition of both the packaging and the product.
In the event of visible transport damage, the Customer is encouraged to note any reservations with the carrier and contact BALBOA Design as soon as possible, ideally within 48 hours, together with photographs.
This 48-hour period is intended to facilitate the processing of transport claims and does not affect the Customer’s statutory rights or legal guarantees.


ARTICLE 8 — RETENTION OF TITLE
Products remain the property of BALBOA Design until full payment of their purchase price has been received.


ARTICLE 9 — RIGHT OF WITHDRAWAL
For standard products purchased remotely by a consumer, the consumer is entitled to the statutory right of withdrawal provided for under applicable law.
The statutory withdrawal period is 14 days from receipt of the product.
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made according to the Customer’s specifications or clearly personalised.
This includes, in particular, products made with dimensions, materials, finishes, configurations or adaptations specifically requested by the Customer.


ARTICLE 10 — RETURNS
Where a right of withdrawal applies, the product must be returned within the period provided by law and in a condition allowing it to be resold.
The direct cost of returning the product shall be borne by the Customer where the Customer was informed of this before placing the order.
Personalised products or products made specifically according to the Customer’s requirements cannot be returned under the statutory right of withdrawal.


ARTICLE 11 — CLAIMS AND AFTER-SALES SERVICE
Any claim relating to a product should be sent to:
contact@balboadesign.fr
The Customer is encouraged to provide:

• the order number or invoice;

• a description of the issue;

• photographs of the product;

• the circumstances in which the issue or damage occurred.

Any request for support may be subject to a prior assessment of the product in order to identify the precise cause of the issue.
This assessment may be carried out on the basis of the information provided by the Customer or, where necessary, through a physical inspection of the product at the workshop.
The purpose of this assessment is, in particular, to determine whether the issue results from:
1. A defect affecting the product, meaning an inherent defect preventing the product from having the characteristics, durability or functionality that would normally be expected.
2. A manufacturing or assembly issue, such as a defective component, an abnormal fixing or assembly, or more generally improper workmanship occurring during production.
3. A cause external to the product, meaning an event or use that caused the damage after manufacture. This may include, in particular:

• impact or dropping;

• accident;

• overloading or excessive force;

• abnormal use;

• use inconsistent with the product’s intended purpose;

• improper maintenance;

• exposure to unsuitable conditions;

• modification of the product;

• dismantling, repair or intervention carried out by a third party.

Where a product defect or manufacturing or assembly issue covered by the applicable legal guarantees is established, BALBOA Design will provide the appropriate remedy in accordance with applicable law.
Where it is established that the damage results from an external cause or inappropriate use rather than a product defect, such damage shall not be covered by guarantees relating to manufacturing defects.
In the event of disagreement regarding the cause of the damage, an independent technical assessment may be considered in order to determine its origin.


ARTICLE 12 — STATUTORY WARRANTIES
Products sold by BALBOA Design benefit from the statutory warranties and guarantees provided under applicable law.
Consumers benefit from the statutory guarantee of conformity for a period of two years from delivery of the product, in accordance with the provisions of the French Consumer Code.
Consumers also benefit from the statutory warranty against hidden defects provided for under Articles 1641 et seq. of the French Civil Code. Any claim based on a hidden defect must be brought within two years from discovery of the defect.
These statutory warranties apply independently of any commercial warranty that may be offered by BALBOA Design.


ARTICLE 13 — PERSONAL DATA
Personal data collected is used for the management of orders, payments, deliveries, enquiries and after-sales service.
Customers benefit from the rights provided under applicable personal data protection legislation.
Any request relating to personal data may be sent to:
contact@balboadesign.fr


ARTICLE 14 — FORCE MAJEURE
BALBOA Design shall not be held liable for any delay or failure to perform resulting from an event of force majeure as defined under French law.


ARTICLE 15 — GOVERNING LAW
These Terms and Conditions of Sale are governed by French law.
In the event of a dispute that cannot be resolved amicably, the competent courts shall be determined in accordance with applicable legal provisions.