Article 1: GENERAL
These general conditions of sale are concluded between the company BOHIN FRANCE, SAS registered at the RCS of ALENCON under number 411 123 557 (hereinafter referred to as "BOHIN FRANCE") and any person wishing to make a purchase (hereinafter referred to as "the Customer") via the Internet Website https://boutique.bohin.com (hereinafter referred to as the "Site").
BOHIN FRANCE and the Client will be here under named together the "Parties".
These general conditions constitute a contract of sale at a distance, defining the rights and obligations of BOHIN FRANCE and the Customer in the context of the sale of the products referenced on the Website (hereafter referred to as the "Products").
Customers are exclusively consumers, defined as natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
Business customers can order through the B2B website http://bohinpro.com. To do so, they are invited to submit an access request to BOHIN FRANCE in order to be given an identifier and a password.
Placing an order via the Website implies the Customer's full and unreserved adherence to these general conditions, excluding all other documents such as flyers, promotional catalogs, description of the Products issued by BOHIN FRANCE which have only an indicative value. In this respect, the validation of the order confirms the full and complete acceptance of these general conditions by the Customer.
These terms and conditions may be modified at any time and without notice by BOHIN FRANCE, the modifications being then applicable to all orders after this modification. BOHIN FRANCE may have to modify punctually certain stipulations of its general conditions of sale, so it is advisable to the Customer to systematically re-read them before each order validation. In any event, the general conditions of sale are those applicable on the day of the order of the Customer.
The fact that one of the Parties does not at any time avail itself of any of these conditions cannot be construed as a waiver of any of these conditions at a later date. Cancelation of a clause of these terms and conditions will not affect the validity of any terms and conditions as a whole. For any question or complaint relating in particular to the Products, its order, the right of withdrawal, the application of the guarantee of the Products or the website, the Customer may contact BOHIN FRANCE at the following coordinates:
By mail: BOHIN FRANCE, 1, Le Bourg, 61 300 SAINT SULPICE SUR RISLE
By telephone: 02 33 84 25 25
By email: firstname.lastname@example.org
ARTICLE 2: THE SITE
All content of the website or any advertising material (illustrations, texts, labels, marks, images, videos) is the property of BOHIN FRANCE or is used with the authorization of the holders of the rights in question. All reproduction, in whole or in part, as well as the creation of hypertext links, are prohibited, unless BOHIN FRANCE gives its express and prior authorization.
ARTICLE 3: WEBSITE NAVIGATION / CREATION AND USE OF THE CLIENT ACCOUNT
3.1 Browsing the website and viewing the Product overview pages does not require any registration from the Customer.
In order to place an order on the Website, the Customer may:
- create a personal account on the Website by completing the registration form provided for that purpose;
- identify yourself using your e-mail address and the password you choose when your personal account has already been created.
3.3 The information given by the Customer as part of its registration must be accurate, complete and up-to-date. In particular, the Customer must ensure the validity and updating of the e-mail address that he communicates when registering. This address is considered as a valid personal address to which will be addressed all e-mails issued by BOHIN FRANCE in connection with the execution of the present and will also be used as the Customer's login on the website.
In order to create a personal account, the Customer must complete all the required information, which is indicated by an asterisk. Otherwise, his registration will not be taken into consideration. In any event, the Customer is responsible for the information entered on his registration form. In the event of an error, BOHIN FRANCE cannot be held responsible for the errors caused in the processing of the order by the Customer's failures.
The Customer's email address and password are strictly personal and confidential, and the Customer shall not disclose or assign them to any third party. Any order made using this login and password will be deemed to be made by the Customer and will therefore be binding on BOHIN FRANCE. It is up to the Customer to inform BOHIN FRANCE immediately in writing of any use of his email address and password made without his knowledge and of which he would be aware.
ARTICLE 4 : PRODUCTS
4.1 PRODUCTS PRESENTATION
The presentation of the Products offered by BOHIN FRANCE on the Website allows the Customer to know the essential characteristics of the Product he wishes to order. In any event, BOHIN FRANCE shall not be liable for any changes or errors in the description of the characteristics of the Product purchased, unless the essential characteristics of the Product are affected.
Products are new products.
4.2 PRODUCTS AVAILABILITY
Products are offered for sale within the limits of available stocks. The availability of the Products is indicated when selecting the Products, subject to possible synchronization errors of the computer system of BOHIN FRANCE. In any case, the availability of the Products will be definitively validated during the confirmation of dispatch of the order which will be sent to the Customer by email. In the event that one of the Products ordered is not available during the preparation of the Customer's order, BOHIN FRANCE undertakes to contact the Customer as soon as possible in order to indicate to him within what time frame this Product may be delivered. If this delay is too long, the Customer may choose to cancel his order and the sums paid will be refunded to him as soon as possible.
4.3 DETACHED PART AVAILABILITY
Where relevant in view of the nature of the Product, pursuant to Article L. 111-4 of the Consumer Code, BOHIN FRANCE shall provide the Customer, on any suitable means before the conclusion of the sale, with information concerning the period during which or the date until which the spare parts necessary for the use of the Product are available on the market, provided that this information has actually been transmitted to him by the manufacturer or importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing upon the purchase of the product by the Customer.
Article 5 : ORDERS
The Customer declares that he has the capacity to conclude this contract, i.e. to have legal majority and not to be under guardianship or guardianship. The Customer will place an order in accordance with the instructions given to him on the website. The information provided by the Customer to BOHIN FRANCE upon an order and/or on its registration form must be complete, accurate and up-to-date. In any event, the Customer is responsible for the information entered on his registration form and when taking orders. In the event of an error (name, address, etc. ), BOHIN FRANCE shall not be held responsible for any defects or delays in the delivery of the Products.
The order of the Customer shall be final only from the effective payment of the corresponding price, hereinafter specified in Article 6 of these Rules. In other words, the effective payment by the Customer formally and firmly formalizes the distance sale contract with BOHIN FRANCE.
Once the order is validated and paid, the Customer will receive an e-mail confirmation of the order, accompanied by the form for the possible exercise of the right of withdrawal. The order summary must be kept, it constitutes proof of the Customer's order and the contract binding the Parties.
BOHIN FRANCE reserves the right not to accept an order for a legitimate reason such as a problem concerning the understanding of the order received, a predictable problem concerning delivery or an anomaly in the quantities ordered according to the current needs of a consumer.
BOHIN FRANCE also reserves the right not to comply with any request of the Customer that is exorbitant or derogatory to common law and/or its general conditions or in the event of an ongoing dispute with the Customer, in particular in the event of unpaid payments from the Customer in respect of previous orders placed via the website or by any other means, these cases being considered legitimate grounds. In such cases, BOHIN FRANCE will not be liable.
Article 6 : PRICES AND PAYMENTS
The Products are invoiced according to the current rate mentioned on the website on the day of the order. The prices are stated in euro and include all taxes, with the VAT applicable at the time of invoicing. The prices indicated do not include the delivery costs of the Products, which are invoiced at an additional cost and clearly indicated to the Customer prior to the validation of his order. The total price of the order is in any case indicated at the end of the online order, before its validation and corresponds to the price of TTC Products plus the possible price of transport.
BOHIN FRANCE reserves the right to change its selling prices at any time. However, no post-order changes can be applied by BOHIN FRANCE. The rate applicable to the Products ordered is that shown on the website on the day of the order. Orders are payable in euro in full and cash. At no time will the sums paid be considered as deposits or deposits. Payment is made via the Website by credit card and Paypal (by being redirected to the website of the bank partner of BOHIN FRANCE).
In any case, once the payment has been validated, the Customer will receive confirmation by e-mail.
Article 7 : DELIVERIES / RECEIPTS
The delivery times of the Products are given as an indication, unless expressly and in writing by BOHIN FRANCE on firm dates and times. In the event of a foreseeable delay in delivery, BOHIN FRANCE will inform the Customer promptly by e-mail and provide an estimate of the additional delivery time. BOHIN FRANCE may not be held liable for any delay or failure to receive due to a case of force majeure or a fault of the Customer such as the absence of the Customer at the time of delivery to the address indicated in his order.
In the absence of delivery within the expressly agreed time limit, or in the absence of delivery within thirty (30) days after the conclusion of the contract, the Customer may, by registered letter with acknowledgement of receipt, order delivery within a reasonable additional time. If BOHIN FRANCE fails to execute within this new period, the Customer may resolve the contract by registered letter with acknowledgement of receipt. The contract will be deemed to have been resolved upon receipt by BOHIN FRANCE of this letter, unless BOHIN FRANCE has executed itself in the meantime.
The Products ordered by the Customer will be delivered to the address indicated by the Customer upon order. BOHIN FRANCE cannot in any case be held liable for delay and/or non-delivery due to a false or incorrect address or to which delivery would prove impossible. The delivery is deemed to be made by BOHIN FRANCE at the delivery of the Products ordered by hand, in the mailbox or when it is withdrawn from the post office. In the event of the Customer’s absence at the time of delivery and/or failure to deposit the package in the mailbox, a notice of passage or any other document will be filed and/or sent to the Customer. It will then be the responsibility of the latter to follow the recommendations indicated for delivery or removal of the order.
The Customer is required to ensure the receipt of the Products ordered and undertakes to sign, if necessary, the delivery order of the Products. It is up to the Customer to check the status of the Products and their quantity upon receipt. The receipt and verification shall be deemed to be performed once the Customer, or a person authorized by the Customer, has signed the delivery note. It is up to the Customer to make clear and precise reservations on the delivery order in case of dissent, deterioration of the Product during transport, damage, missing or delay. The Customer shall confirm these reservations to BOHIN FRANCE by registered letter with a reasoned acknowledgement of receipt within three (3) days, excluding public holidays, following receipt of the Products.
In accordance with Article L. 224-65 of the Consumer Code, when the Customer personally takes delivery of the transported goods and the carrier does not justify giving him the opportunity to verify their good condition effectively, the period mentioned above is increased to ten (10) days. In any event, claims concerning apparent defects or non-conformity of the Product shall be made to BOHIN FRANCE under the conditions laid down in Article 10 of these Terms and Conditions.
ARTICLE 8 : RIGHT OF WITHDRAWAL
8.1 EXISTENCE, ABSENCE OR LOSS OF RETRACTING RIGHT
Pursuant to Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) free days from the date of receipt of the Products ordered (the day of receipt of the Products ordered is not counted within the time limit, the latter starting to run the following day. If this withdrawal period expires on a Saturday, Sunday or on a holiday or on a holiday, it shall be extended until the first following working day).
However, Article L. 221-28 of the Code of Consumption states that "The right of withdrawal may not be exercised for contracts: 6. Supply of goods which, after being delivered and by their nature, are inseparably mixed with others."
8.2 MODALITES FOR EXERCISING THE RIGHT OF RETRACTION
In order to exercise the right of withdrawal, when the latter may be exercised, the Customer must, within the period of fourteen (14) days indicated above, submit to BOHIN FRANCE, the standard form of exercise of the right of withdrawal (in Annex 1 to these Conditions) or a statement, without ambiguity, expressing his willingness to withdraw, at the address indicated in Article 1 of these Conditions.
In this context, the Customer must return the Product(s) at its exclusive expense, within fourteen (14) days of the communication of its decision to withdraw, in their original package, unused and in perfect condition, with no trace or brand, with any labels, accessories or gifts offered to the address indicated in Article 1 of these Conditions.
Only the return cost of the Product(s) remains the responsibility of the Customer. The Customer is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, its liability may be incurred in the event of impairment of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Products.
8.3 CUSTOMER REIMBURSEMENT IN CASE OF RETRACTION
In the event of withdrawal of the Customer under the conditions set out above, BOHIN FRANCE undertakes to reimburse the Customer for all sums paid, including delivery costs, within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, BOHIN FRANCE is entitled to defer this refund until the Products are actually recovered or until the Customer has provided proof of their shipment, whichever is the earlier. BOHIN FRANCE shall effect this refund using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees that BOHIN FRANCE should use another means of payment and insofar as the refund does not entail any charge. In any event, BOHIN FRANCE is not obliged to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method proposed by BOHIN FRANCE. In case of exercise of the right of withdrawal for a part of the order, no refund of the initial delivery costs will be due in case of flat-rate delivery costs. Conversely, if the delivery costs depend on the number of Products ordered, the reimbursement of the delivery costs will be carried out in proportion to the Products ordered which are the subject of the retraction.
ARTICLE 9 : CUSTOMERS OBLIGATION
The Customer undertakes to communicate to BOHIN FRANCE all the elements necessary for the proper execution of the orders. In this respect, the Customer remains responsible for the content and accuracy of the information it transmits to BOHIN FRANCE.
The choice and use of the Products are solely the responsibility of the Customer. In this respect, the Customer is obliged to respect the instructions for use and possible maintenance given by BOHIN FRANCE. It is recalled that the orders made by the Customers on the website are necessarily intended for personal use. The resale of the Products is forbidden unless authorized by BOHIN FRANCE.
ARTICLE 10: LEGAL WARRANTIES / CLAIMS / RETURNS
10.1 LEGAL WARRANTIES
BOHIN FRANCE is liable for the defects of conformity of the goods with the contract under the conditions of Article L. 217-4 et seq. of the Code of consumption and for the hidden defects of the goods sold under the conditions provided for in articles 1641 et seq. of the Civil Code. In this respect, the Customer may make a request for the legal guarantee of conformity or the guarantee of defects of the item sold by sending his complaint to BOHIN FRANCE at the address indicated in article 1 of these general conditions.
When acting as a legal guarantee of compliance, Customer shall:
- has a period of two (2) years from the issue of the goods to act;
- may choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;
- proof of non-conformity of the good shall not be brought forward during the twenty-four (24) months following the issue of the good.
The statutory guarantee of conformity applies independently of any commercial guarantee. The Customer may decide to implement the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code and in this case, it may choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. Some Products sold by BOHIN FRANCE have a limited lifetime which depends mainly on the conditions of use of the Products by the Customers. Therefore, the 24-month time limit for the legal guarantee of conformity referred to above is incompatible with the specific nature of these Products. In any event, BOHIN FRANCE may challenge the presumption that defects occurring within 24 months of the issue of the Product are presumed to exist at the time of its issue.
10.2 CLAIMS AND RETURNS
Except where the claim is made in connection with the legal guarantee of conformity, it is up to the Customer to provide any justification as to the reality of the defects or anomalies found. In any case, in the event of a complaint, the Customer must leave to BOHIN FRANCE any facility to proceed with the discovery of these defects or anomalies. Subject to the possible exercise of the right of withdrawal, any return of Product must be the subject of an express agreement by BOHIN FRANCE. The Products must be returned in perfect condition with any accessories supplied by BOHIN FRANCE. The return will result, as the case may be, in a replacement of the Products or a refund of the Customer, after qualitative and quantitative verification of the Products returned. The costs and risks of sending and returning will be borne by the Customer if the non-compliance is not proven.
ARTICLE 11 : RESPONSABILITY
BOHIN FRANCE will not be liable in any case for non-performance or malexecution of contractual obligations attributable to the Customer, in particular when entering his order and/or personal information.
BOHIN FRANCE shall not be held liable, or considered to have failed to comply with these provisions, for any delay or non-performance where the cause of the delay or non-performance is linked to a case of force majeure as defined by law or case law. BOHIN FRANCE accepts no liability whatsoever for the selection and use of the Products by the Customer, for any damages resulting from modifications made to the Products by the Customer or for any damages resulting from a failure by the Customer to comply with the recommendations for use or maintenance of the Products. BOHIN FRANCE shall not be held liable for any damage, temporary or permanent, caused to the Customer’s computer system, or for any loss or damage suffered, in particular as a result of access to or browsing the website. The transmission of data via the Internet may result in errors and/or the fact that the website is not always available. Therefore, BOHIN FRANCE cannot be held responsible for the availability and interruption of the online service.
Article 12 : personal datas - COOKIES
ARTICLE 13 : OPPOSITION TO TELEPHONIC DEMARCHING
The Customer is informed by BOHIN FRANCE that he can register on a list of opposition to the telephone call (Bloctel list). However, it is specified that this registration does not prevent BOHIN FRANCE from telephonically contacting the Customer for the strict requirements of the performance of this contract.
ARTICLE 14: APPLICABLE LAW / DISPUTES / MEDIATION
These conditions and their consequences are subject to French law. The language of the present and the relations between the Parties is French.
The Customer declares that it has been informed beforehand by BOHIN FRANCE of the possibility to resort, in the event of a dispute, to a consumer mediation procedure.
BOHIN FRANCE joins the AME CONSO mediator, whose contact details are: AME CONSO, 11, Place Dauphine - 75001 PARIS - http://www.mediationconso-ame.com
Before submitting the above-mentioned mediator, the Customer undertakes to address his complaint to the customer service of BOHIN FRANCE at the contact details specified in Article 1 of these Terms and Conditions. In addition, BOHIN FRANCE informs the Customer of the existence of the European Commission’s online dispute resolution platform, which facilitates the independent, extrajudicial resolution of online disputes between consumers and professionals. This platform is accessible from this link.