I- APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale (the “Conditions”) apply to all orders placed on the bourrienne.com site (the “Site”) by any user (the “Customer”). Their main purpose is to inform the Customer about the procedures for placing an order online, delivery of the products covered by his order and the conditions for returning and refunding the products ordered.
These Conditions are applicable without restriction or reservation to all products offered for sale on the Site. Any order for one or more products on the site implies consultation and unreserved acceptance by the Customer of these Conditions and the applicable prices. These Conditions prevail over any other document.
Bourrienne SA reserves the right to modify these Conditions at any time. Such modifications will be effective as soon as they are visible on the Site. Your continued use of the Site after such changes will constitute your acceptance of the new terms and conditions. It is therefore important to regularly consult the Conditions in order to know the latest updates. If you do not accept these changes, please stop using the Site immediately.
The conditions applicable to any order are those in force at the time of the order.
Any buyer on the Site is deemed to have read and accepted these Conditions in their entirety before validating their order.
II- SITE AND SITE ACCESSIBILITY
www.bourrienne.com is an e-commerce site that belongs to the company Bourrienne SA, a simplified joint-stock company with a capital of 100,000 euros, whose head office is located at 58 rue d'Hauteville 75010 PARIS (France) registered with the RCS Paris under number 831 735,352 (the “Company”).
III- AVAILABILITY OF PRODUCTS
You can buy our products within the limit of available stock, and the offers remain valid as long as they are visible on the Site. We reserve the right, at any time, to withdraw any product for sale on the Site.
In the case of a product unavailability after validation of your order, we will inform you by email quickly. We will then offer you a new delivery time or an equivalent product or a refund for this item.
The products sold by the Site are identified by one or more photos, by a descriptive text in French and a price including VAT in euros.
The photographs taken for the Site are intended to be as faithful as possible to the products sold. However we cannot ensure a perfect similarity between the photos and the articles because the colors returned may vary from one computer to another. Thus the photographs are presented for information only and are not contractual.
The products remain the property of the Site until full payment of the price.
The prices of the products are indicated in euros all taxes included and take into account the value added tax (VAT) in force on the day of the validation of the order.
The Company reserves the right to modify the prices of the products sold on the Site at any time and without notice.
The price of the products sold on the Site applicable to the Customer's order is that appearing on the Site at the time of validation and payment of the order by the Customer.
The price of products sold on the Site does not include:
- the shipping costs of the products of the order or any additional costs which will be indicated to the Customer at the latest at the time of payment of the order. The shipping costs vary according to the delivery address, the weight and the volume of the articles, and are specified as the order is placed, in your shopping cart.
In the event of an order to a country other than metropolitan France, you are the importer of the product(s) concerned. Customs duties or other local taxes or import duties or state taxes may be payable. The Company is not liable for these rights and amounts, they will therefore be at your expense and will be your responsibility both in terms of declarations and payment to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities.
- any costs remaining to be borne by the customer relating to telephone communications with customer service and/or electronic communications necessary for ordering products made through the Site.
VI- TERMS OF ORDER
To be able to place an order for products on the Site, the Customer is informed that he must:
- Be at least 18 years old;
- Be legally capable of purchasing the products ordered;
- Be the holder of the credit card used to pay for the order or, failing that, be duly authorized to use it to pay for the order.
The Customer guarantees the Company that he fulfills all of these conditions and that the bank account associated with the means of payment used within the Site to pay for his order is sufficiently supplied to meet his obligation to purchase.2- Order process
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation is worth proof of the validation by the Customer of the entire order and of the payment of the sums due in execution of the said order, as well as of the full and unreserved acceptance of the entirety of these Conditions and of the quotation relating to the order.
A confirmation email will be sent to the Customer. The invoice can be sent by email following a request to customer service. To this end, the Customer formally accepts the use of e-mail for confirmation of the content of his Order and to receive his invoice electronically.
All the data provided by the customer throughout the placing of the order and the confirmation by the Company of the registration of the order will be worth proof of the transaction.
The order is not final until full payment of the price of the order by the Customer.
Any order placed on the Site must be paid for at the time of the order. The execution of the order only occurs after full payment by the Customer of the amount of his order.
Payments are made online using a secure online payment system. Orders can be paid by credit card or via Paypal. The Company works with the Stripe bank payment solution, which uses the latest and most reliable security systems, including PCI DSS certification. Stripe and Paypal encrypt this data using the SSL protocol to guarantee the security of this data.
The execution of the order will be carried out after agreement of the bank payment center. If the latter agrees, the account will be immediately debited and the order validated. In case of refusal the order will be cancelled.
Please note that there is no obligation to hold a Paypal account to make a payment. You can pay directly on the Paypal platform with your credit card (visa, Mastercard, AMEX).
You can also pay for your order with Apple Pay.
Receipt of the confirmation email from the Company confirms the handling of your order. The email confirmation of the electronic payment serves as an invoice.
The date of validation of the order corresponds to the date of payment by credit card online.
Deliveries are made in Metropolitan France as well as internationally. Items in stock will be shipped within a maximum of ten (8) working days after the registration of your order.
The products are delivered at the Customer's expense, to their home or to the address indicated by the Customer during the ordering process. It is the Customer's responsibility to verify the accuracy of the information given when ordering.
From the dispatch of the order, the average delivery times are as follows:
- 2 to 5 working days by Colissimo for France
- 5 to 10 working days by international Colissimo
- 24 working hours in Chrono Express (if the order is validated before 1 p.m. from Monday to Friday)
However, delivery may be delayed for reasons beyond our control. In this case, we undertake to keep the Customer informed of the situation.
Colissimo and Chronopost delivery:
Chrono Express Delivery :
- 15 euros
The Customer is informed that the delivery of the products is carried out by Colissimo or Chronopost and consequently authorizes the Company to transmit his personal data to Colissimo or Chronopost in order to allow the latter to send his Order to the delivery address he will have informed when placing the order.
The Customer receives via e-mail from Colissimo or Chronopost the tracking number assigned to the package, allowing the delivery process of his order to be followed.
The Customer is informed that it is his responsibility to provide exactly all the details necessary for the proper delivery of his order and the perfect delivery of the products ordered (access code, access specification such as building, floor for example).
If the Customer is absent at the time of delivery, a delivery notice will be left in the mailbox.
We decline all responsibility in the event of loss, theft, deterioration or delay in delivery due to errors or disruptions attributable to the carriers.
IX- RIGHT OF WITHDRAWAL
In accordance with the provisions of article L121-21 of the Consumer Code "the consumer has a period of 14 days to exercise his right of withdrawal from a contract concluded at a distance" and this without having to justify reasons or to pay penalties, with the exception of shipping costs .
A. Deadline and formality
This period begins to run from the day of delivery to the Customer of the product(s) covered by his order. In the case of an order for several products delivered separately, the period runs from the receipt of the last product.
The Customer exercises his right of withdrawal before the end of the fourteen-day period, without having to justify his decision by any unambiguous declaration expressing his desire to withdraw in accordance with the coupon which details the procedure to be followed for the return of the products delivered. with every order.
When returning, please return the order in its original packaging, indicating your name and order number and the returned product.
Subject to the perfect condition of the returned product, reimbursement will be provided by the Seller, using the payment method of its choice, within a maximum period of fourteen days from the date of receipt of the returned product or the date of receipt of proof of dispatch.
The Company will refund using the same means of payment as that used by the Customer when paying for his order.
In accordance with the provisions of article 121-21-28 of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the specifications of the consumer or clearly personalized such as clothing made to size on ordered.
Without prejudice to the guarantee of conformity or hidden defects, items on sale or discounted may be the subject of a credit note.
All products returned by the Customer must not have been used, damaged, soiled or washed by the Customer. They must be returned in their original packaging.
Returns are entirely at the customers expense unless we have made an error in sending the original order.
The Company cannot be held responsible for any loss or damage occurring during transport, it is therefore recommended that the Customer use a tracked shipping service. In the event of loss or damage during transport, the Customer must contact his carrier directly.
If the items are not received at the address given above, the Company will not be able to process the return.
All products sold on the Site benefit from the following legal guarantees:
A- Legal guarantee of conformity
In accordance with article L211-4 of the Consumer Code
" The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this was charged to him by the contract or was carried out under his responsibility .”
In accordance with article L211-5 of the Consumer Code
“ To be in conformity with the contract, the good must:
- be specific to the use usually expected of a similar good and, where applicable: - correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model : - present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
- or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .
In accordance with article L211-12 of the Consumer Code “ The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods .”
B- Warranties against hidden defects
In accordance with article 1641 of the Civil Code:
“ The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less if he had known them .”
In accordance with article 1648 of the Civil Code paragraph 1:
“ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect . »
XI- PERSONAL DATA AND COOKIES
In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site is the subject of a CNIL declaration (National Commission for Computing and Freedoms) of which number 2114152. The user has the right to access, modify, rectify and delete data concerning him. To exercise this right, the Customer must send an email to email@example.com indicating in the subject of the email “Modification personal data”.
All the personal information we collect is strictly necessary for order processing, delivery and billing. The information in your account is therefore only used in the context of your commercial relationship with the Site.
Any missing information will result in the automatic refusal of the order.
Personal information collected on the Site is processed by the Company for customer relationship management and prospecting purposes. This information is only transmitted to companies that contribute to the management, execution and processing of orders.
In addition, the Company does not transmit any personal information to third parties for prospecting purposes, but may be required to disclose it to legally authorized bodies and authorities, insofar as disclosure is required or authorized by law, or when it will deem it necessary or appropriate to comply with the laws and other applicable texts, or to protect or defend its rights or those of its employees, customers or any other person.
Finally, your banking information is never in our possession. Transactions are fully processed by Paypal or Stripes.
If the Customer has previously accepted it, he may receive marketing emails (Newsletters) from which he can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received.
All personal information is stored with the host of the Site, whose contact details appear on the Site under the heading “Legal Notices”.
Under no circumstances does the Company ask to confirm the details of the account or those of a bank card by email. If the Client receives an email purportedly sent by the Company requesting such information, he should not respond to it.
We strive to maintain appropriate security measures to protect your personal data. However, despite all the measures we put in place to protect fraudulent access, use or disclosure of this information, we cannot guarantee that data transmission over the Internet can be completely protected against access by unauthorized third parties. We will not be liable for any breach of security unless such breach was caused by our negligence.
When arriving on the Site, the Customer is informed of the presence of these cookies. Continued navigation on the Site constitutes acceptance. However, the user has the possibility of opposing the use of these cookies by configuring his browser. However, access to certain services may require the prior acceptance of cookies by the user.
XII- INTELLECTUAL PROPERTY
All intellectual property rights of the Site and its contents belong exclusively to the Company. Any reproduction, use or partial or total modification of an element of the Site, in any form whatsoever, cannot be carried out without the express authorization of the Company, which reserves the right to take legal action under intellectual property.
The Customer is granted a limited license, including personal consultation and use of the Site, and excluding downloading or modifying its contents, in whole or in part, without express written consent from the Company. This license excludes any use of the Site for commercial or resale purposes, any recovery and use of product descriptions or prices, any derivative use of the Site or its contents, or any use of data mining tools, robots indexing or data gathering and extraction tools. It is prohibited to reproduce, duplicate, copy, sell, or in any other way exploit all or part of the Site for commercial purposes without express written authorization. The use of techniques to incorporate any trademarks, logos, proprietary information (including images, text, page layouts or forms) belonging to the Company without express written permission is prohibited. You may not use meta tags or any other "hidden text" utilizing the name or trademark without express written permission.
The Company cannot be held liable for any direct or indirect damage that may result from access to the Site or use of the Site and/or its information, including its inaccessibility, loss of data, damage, destruction or viruses. which could affect the Customer's computer equipment and/or the presence of viruses on the Site.
We strive to provide reliable content on the Site, however and despite all our efforts we cannot guarantee that the Site is free from inaccuracies or omissions and we cannot be held responsible for errors or omissions, of a lack of availability of information and services.
XIV- APPLICABLE JURISDICTION
The sale of products sold on the Site is subject to French law.
The terms and conditions of sale, as well as the contractual relationship between the Customer and the Company are governed by French law. The parties accept the jurisdiction of the courts of Paris for any action brought following or related to these Conditions.
If you have any questions about ordering products online, please write to us at the email address: firstname.lastname@example.org, by telephone at:
09 82 33 89 63 or by post to the following address:
Bourrienne Paris X
58 rue d'Hauteville
We will do our best to respond to you as soon as possible.