Terms and Conditions of Sale
Preamble
The present general conditions govern the use of the website https://backpack-design.com, along with all its subsidiaries, and the terms for purchasing and delivering products offered on our site. By placing an order on our site “backpack-design.com,” you acknowledge having full knowledge of the general sales conditions presented below as well as all other information provided in the footer tabs of our homepage.
We invite you to read them carefully before placing an order. Note that these general conditions may be modified at any time and without prior notice, and that the applicable conditions are those in effect at the time of your order. The commercial conditions issued by “backpack-design.com” are a synthesis of different legislations.
The site delivers to the following countries: United States, United Kingdom, Ireland, Australia, Denmark, Sweden, Finland, Norway, Netherlands, and Germany, where commercial legislations can sometimes differ. Thus, we have created a common synthesis aiming to be as balanced as possible regarding the various commercial legislations in force to best satisfy the interests and satisfaction of our customers.
Clarity / Accessibility / Reading all our conditions:
Our general Terms of Sale (GTS), as well as our other conditions, GDPR, means of payment, right of withdrawal, transport conditions, legal notices, etc., are clearly accessible before the consumer finalizes their purchase. They are all made available for reading through links to be clicked on directly in the footer of our website’s homepage.
This means that a link will soon be included for this purpose, at the bottom of your shopping cart just before you can proceed to pay for your order.
1 – When is an order finalized?
An order is finalized when you have selected the products you wish to purchase in your shopping cart and have made the payment. The payment must be settled definitively for the order to be considered finalized.
Once the order is finalized, it will be processed by our logistics service following the delivery and transport procedures indicated on our site and according to the delivery details you have clearly stated for reaching the destination. Orders are generally processed within 24/48 hours after payment validation (excluding weekends).
To prevent the package from getting lost, you must ensure that accurate and complete information regarding the delivery address (recipient’s name and surname, name and number of the street, complete and detailed address, access codes, intercom access, mobile number, e-mail, etc.) is provided. It is crucial to double-check your delivery information to avoid any inconvenience upon arrival.
In case of error or omission incorrectly filled by the sender, the “parapluieo.com” team cannot be held responsible for additional delays or potential loss of the package. Particularly, if proper delivery becomes impossible or if the package gets misplaced due to incorrect or incomplete information provided at the time of order.
2 – How are our products presented and their conformity?
Our products are presented on our site through detailed product sheets that include their information, features, colors, and dimensions. The products offered by “parapluieo.com” comply with the various standards in force applicable in the different French-speaking countries where we deliver our products, including the EU.
However, we would like to specify that the photographs of our product sheets are not systematically contractual, why?
The client may recognize that delivered products can have minor differences in visual color appreciation, for example compared to the images on our site. Here we speak only of subjective appreciation differences (photos taken in a studio with flash).
This alone will not be a reason to refuse product delivery without minimally providing us with a series of clear photos of the received product allowing us to assess the situation and compare them with the original product photos taken for our site. A dialogue must be established with our customer service.
It is all about appreciation; we need to know the reality of the delivered product as we are not there upon the delivery of the package. So, thank you in advance for your photos. Naturally, if the delivered product does not match the ordered color, we will take the necessary steps.
Otherwise, all our descriptive texts are contractual, and we strive to describe the product’s reality and usage as best as we can. We are increasingly working with two testers who give us their feedback on the products. This allows us to constantly improve our products and product sheets.
However, if our suppliers deliver a slightly different product and you notice this difference, please notify us immediately at contact@backpack-design.com. We will update our products accordingly. Customer feedback is very important to us.
In any case, we will systematically find a commercial solution with you; we are not here to shirk our responsibilities, but on the contrary, to best satisfy you depending on the encountered problem.
3 – What are the client’s obligations?
Be of legal age or have parental authorization to place an order on our site. Provide accurate and necessary information for payment and order delivery, such as valid name, surname, address, phone, and e-mail. The client will be solely responsible for any input error on this matter. Then the indicated order price can be provided.
Once the order is placed, “backpack-design.com” will inform the client of the order processing confirmation by the warehouse. In the future, we will implement a “tracking” for the package, which will be available for clients. This tracking number is typically triggered when the order preparer takes charge of your order. It is not immediate upon your online payment, so do not worry beforehand, wait to receive this information.
Before that, we wait for your payment (2/3 days), then we send the order (2 days) to the nearest storage warehouse to your delivery location, the warehouse then processes it (in 2 days). Then it takes an average of 6 to 7 days for transport to destination, including terminal delivery time to your house. A total of 9 to 15 days on average. This period is not contractual, just informative.
The client must ensure they have correctly communicated their full and accurate information regarding the delivery address (recipient’s name and surname, street number, building number, stair number, floor, access codes, intercom names and numbers, phone number, postal code, city, and country). Otherwise, we will not be responsible for delays or loss consequences.
Once the warehouse prepares your order, you should receive a “tracking” number to monitor your package’s progress. Allow 4/5 days to receive it, the warehouse will trigger this number.
4 – How is an order validated?
An order is validated once payment has been made and recorded. Orders are accepted subject to stock availability.
Product availability: If a product becomes unavailable or out of stock, it will normally be inactive on the product sheet. However, if by error, the client manages to order and make a payment, they can contact us by email to request the cancellation of their order and a refund of the funds paid, of course.
Another case: if the order is launched and after payment, the product becomes unavailable, we will contact you to offer either another equivalent product of your choice or a refund.
5 – Our prices
The prices displayed on our site are indicated in the currencies of the concerned countries.
Transport/delivery charges will be applied and indicated in your shopping cart; please refer to the delivery conditions.
On our site, our selling prices can be modified by us, depending on variations in international supply and transport conditions. The prices charged will, therefore, be those indicated on the site at the time of your purchase.
6 – The payment methods used are secure
Full payment must be made at the time of the order. The Client pays for their order by credit card (Visa, Eurocard/Mastercard, SSL payment security), Paypal, Stripe.
Our clients’ online purchases are realized in a completely secure manner at the banking level.
For credit card payments, the company STRIPE handles payment security.
All our clients’ banking information is never stored, is strictly anonymous, and is 100% protected by the STRIPE system and never stored in a database.
Our site backpack-design.com also complies with PCI DSS (Payment Card Industry Data Security Standard) norms for payment card data protection.
We also commit to protecting your personal data in accordance with GDPR (General Data Protection Regulation).
7 – Refund/withdrawal/package return after delivery, right of withdrawal and recipient’s obligation
7.1 – Refund for delivery delay
We do not accept any refund due to package delay (we refer here to a delay caused by transport rights) and not before 30 days after your order’s effective payment date.
In our “Transport/Delivery Conditions,” we state that the total time between payment and final delivery is on average 9 to 15 days, this timeframe is nowhere considered a contractual element in our general terms of sale, and transport conditions, just a statistical information based on all our sales history. Only the 30-day period is contractual and binding.
However, if the package is declared lost by the carrier within this 45-day period, we will refund the order using the original payment method.
Beyond 45 days, the package will then be considered definitively lost and you can request a refund, citing the delivery delay, provided that you correctly provided all your delivery information when placing your order on our site.
7.2 – Contractual delivery delays and the responsibilities of sellers/carriers/client-consumers
Articles L. 216-1 to L. 216-3 and L. 221-11 of the Consumer Code frame delivery times in the context of distance selling, according to the Hamon Law of March 17, 2014. This law aims to reinforce consumer protection by guaranteeing clear deadlines for the delivery of goods and services.
7.2.1 – General 30-day period:
General principle: The seller must deliver the goods or perform the services within a maximum period of 30 days from the conclusion of the contract, unless another deadline is explicitly agreed upon with the consumer. If no specific deadline is mentioned at purchase, the default rule is 30 days.
Exceptions: This period can be extended in particular cases, such as:
Agreement between parties: The seller and consumer can agree to a longer period (e.g., custom goods order).
Specific or preordered products: Some items on order can have delivery times exceeding 30 days, in this case, it is specified directly on the product sheet.
Force majeure: Unforeseen events like natural disasters, strikes, etc., can suspend the delivery obligation within this period. These rare events are qualified as “force majeure” (irresistible and insurmountable events).
NB: If we indicate an average delivery information timeframe, the timeframe that is contractual and binding on the seller remains the legal 30-day period unless otherwise mentioned.
7.2.2 – Consequences of not respecting the legal contractual delivery timeframe:
If the seller exceeds the 30-day delivery period without valid justification, the consumer can give notice to the seller to deliver within an additional reasonable period. If this new period is still not respected, the consumer can cancel the contract and obtain a full refund within the next 14 days.
7.2.3 – Responsibility of the seller and carrier on delivery timelines:
- Seller’s responsibility: It is the seller’s duty to meet indicated delivery times, except if the consumer chooses their own carrier.
- Risk transfer: The risk of loss or damage of goods is transferred to the consumer when they physically take possession of the goods, unless the consumer chooses their own carrier.
Carrier’s responsibility:
- Obligation of means: The carrier is responsible for the goods from the moment they are handed over until their delivery. They are required to ensure the safety and proper delivery of the goods but are not subject to a specific delivery timeframe unless defined in the contract.
- Exceptions: The carrier can be exonerated from responsibility in cases of force majeure, intrinsic defect of the goods, or shipper’s fault.
What if the client-shipper gives a wrong delivery address?
If the consumer provides a wrong delivery address, this can impact responsibility and delivery management.
7.2.4 – Responsibility in case of an incorrect address provided by the consumer:
Consequences for the consumer: If the consumer provides an incorrect address at the time of order, the responsibility for non-delivery or delay lies with them. Neither the seller nor the carrier can be held responsible for misdelivery if the error comes from the consumer.
Returns and additional costs: If the package is returned to the sender (the seller), the consumer will be responsible for return costs.
7.2.5 – Responsibility in case of an incorrect address provided by the seller:
Consequences for the seller: If the error comes from the seller, they remain responsible for the order’s routing. The seller must correct the address and reship the product at their expense.
Solution: The seller must offer a new delivery free of charge to the consumer and ensure that the address is correctly corrected in their system.
7.2.6 – Responsibility in case of address error during transport:
Carrier: If the error comes from the carrier (e.g., misinterpretation of the address), they are responsible for proper delivery. The seller can then turn against the carrier to correct the error and organize a new delivery.
7.2.7 – Case of the carrier chosen by the consumer:
If the consumer chooses their own carrier, the seller’s responsibility ceases as soon as the goods are handed over to the carrier. In the event of an address error, managing this error rests on the consumer and their carrier.
7.2.8 – Delivery delays and right of withdrawal:
If the delivery timeline is impacted by an incorrect address provided by the consumer, they will not be able to exercise their right of withdrawal due to delivery delay. However, if the error comes from the seller, the consumer can cancel the order as in the case of a classic delay.
Conclusion: If a wrong address is provided by the consumer, they are responsible for the consequences (delay, re-shipping costs). If the error comes from the seller or the carrier, they will have to cover the re-shipping costs. It is thus essential that the consumer carefully verifies their information at the time of order, and that the seller correctly processes this information.
7.3 – Requests for refund/withdrawal right/transport rights modalities
Refunds are by no means automatic; they require you to file a substantiated claim with our customer service via email to contact@backpack-design.com for any logistical or product manufacturing issue, systematically including to facilitate a quick dossier resolution:
In all CASES, provide:
- Order number,
- Order date,
- Product name,
- Actual price paid,
- Payment date,
- Original payment method chosen, Visa, Mastercard, Stripe, Paypal.
Regarding transport rights only:
In case of delivery problems, a complete series of photos of the product and its original packaging showing the problem encountered must reach us by email with attachments as soon as possible. A factual and precise explanatory summary of the problem with the goods, to help us understand the situation. Why request all these elements?
Without all this information, the file will, by default, be more difficult to process rapidly. The more precise and complete you are in your claim, the more we can understand the situation, conduct a logistical investigation, and process the file as promptly as possible.
7.4 – Several rights and obligations complement each other for the consumer/recipient of the product, without impacting or opposing:
On the one hand, the consumer’s right (buyer’s withdrawal right and period without justification which thus conditions the product’s return before refund solely in this context, to be expressed on your part as a consumer, within 14 calendar days from the day after delivery) for all EU countries.
On the other hand, the rights concerning the delivery of the product (carrier/recipient/shipper obligations):
- Obligations of each actor in transport law:
The supplier must ship a product that complies with the order and is in a new and secure state, ensuring it is in packaging that can withstand transport and protect the parcel until delivery to the client.
The carrier, in turn, is responsible for the goods throughout the delivery chain.
Upon arrival, there is a transfer of responsibility between the deliverer and the recipient at the package level. If the receiving client notices nothing and signs the transport receipt without remarks, the carrier is completely absolved of all responsibility if a problem occurred with the goods during transport.
Upon arrival, the recipient should never sign the delivery note “subject to unpacking” (no legal value). In case of damage, moisture, missing items, “suspicious re-taping of the parcel,” you absolutely must take photos of the damaged product and its packaging and demand the deliverer can open it in your presence. Contact us immediately, never write “reserve unpacking” on the deliverer’s receipt.
So, if you notice the parcel damaged and the goods in a bad state, you can demand the deliverer open the package to establish the facts. Then the choices are to accept the parcel as it is or simply refuse it. We recommend the latter solution.
When refusing or even accepting it, you must justify your refusal and explain the specific problem on the transport receipt and preferably take all relevant photos. Then you’ll need to write your precise reservations on the deliverer’s receipt. We explain everything in our “Transport/Delivery Conditions” section in the homepage footer of our site designated for this purpose.
Rest assured, this situation occurs in less than 1% of cases, but at least if it happens, you now know what to do.
List of international transport rights common to all these French-speaking countries:
Warsaw Convention (1929) and its amendments (including Montreal 1999): governs international air transport of people, baggage, and goods.
CMR Convention (Convention on the Contract for the International Carriage of Goods by Road, 1956): concerns international road freight transport.
Berne Convention (COTIF, 1980, including CIM 1999 for rail transport): covers international rail freight.
TIR Agreement (International Road Transport, 1975): facilitates international road transport through simplified customs procedures.
5 – GDPR, client data confidentiality, cookies
We are committed to protecting the privacy and personal data of our users in accordance with the General Data Protection Regulation (GDPR).
We implement strict technical and organizational measures to ensure the security, integrity, and confidentiality of personal data collected on our site. This includes encryption procedures, access security, and regular system monitoring.
The GDPR, or General Data Protection Regulation, applies in the European Union (EU) and the European Economic Area (EEA). It concerns all organizations, whether based in the EU or not, that process personal data of EU residents.
The GDPR aims to give individuals greater control over their personal data and harmonize data protection rules across Europe, imposing strict obligations on companies on how they collect, use, and protect personal data.
The information collected is only used within the scope explicitly consented by the user, such as order processing, service improvement, or communication about our offers. We limit access to your data to only employees and contractors who need this information to fulfill your order, and also to the carrier and our customer service.
Any data sharing with third parties is strictly regulated and subject to your prior consent, except in cases provided by law. For any questions or requests regarding your personal data, please contact us at: contact@backpack-design.com
You will also find a clickable “Privacy Policy” tab that informs you more precisely about these elements and our cookie policy, in the homepage footer of our site.
Site owner: ECOM CONSULTING LLC.
Publication manager: ECOM CONSULTING LLC.