TERMS OF SALES
The following provisions establish the general conditions of sale of the products offered for sale on the site www.bostenparis.com
Between,
The company “Bosten Paris”
Simplified one-person joint-stock company with capital of €1,000
Registered with the RCS of PARIS under the number SIREN 901364703
Whose registered office is 15 Cité Falguière, 75015 PARIS - FRANCE
VAT number: FR95901364703
Represented by Dorra Bousslama, authorized for the purposes hereof.
The company can be reached by email via the "Contact" page of the site.
And,
Any natural or legal person, having the legal capacity to contract, (hereinafter "the Customer" or "the buyer") making a purchase of products on the bostèn Paris Site.
Article 1. Purpose and general provisions
These general conditions of sale determine the rights and obligations of the parties in connection with the online sale of products and accessories offered by the seller. They apply to all sales of products made through the website which are an integral part of the contract between the Buyer and the Seller. The seller reserves the right to modify these at any time by publishing a new version on its website. The applicable T&Cs are those in force on the date of payment of the order. These T&Cs are written in French and can be viewed on our website www.bostenparis.com
Article 2. Price and terms of payment
2.1 Rates
The prices of the products sold through the website are expressed in Euro (€) including tax.
Product prices do not include delivery charges. The delivery costs are indicated at the order validation stage.
bostèn Paris reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order.
2.2 Methods of payment
The payment of the order (price and delivery costs) is made by PayPal and by credit card (CB, Visa, Mastercard and American Express). Payment cards are debited upon validation of the order.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.
Article 3. Ordering
Any order implies acceptance of these General Conditions of Sale without prejudice to the specific contractual conditions agreed between the parties. Before confirming his order, the buyer has the possibility of checking the details of his draft order and correcting any errors.
The distance selling contract is concluded from the moment the buyer confirms his order by clicking on the “Payment” icon. He is considered to have knowingly accepted the content and conditions of the order in question and in particular these general conditions of sale, the fact that his order implies an obligation to pay on his part, the prices, volumes, characteristics , product quantities and delivery times. Once this step has been validated, the buyer will no longer be able to cancel his order. The sale will be final (subject to the exercise by the buyer of his right of withdrawal under the conditions provided for in article 8 of these General Conditions of Sale). The Order will be confirmed to the buyer and an e-mail will be sent to him confirming the registration of his order, the details of the items ordered, the total price, the delivery costs, an estimate of the date or delivery time and the means chosen payment. A second email will be sent to the buyer when his Order is dispatched.
bosten Paris reserves the right not to validate the order in the event of:
- abnormal or abusive complaints
- abnormal orders with regard to the quantities ordered
- abnormal or abusive exchanges and returns
- existing dispute(s) with the Customer
- Suspicious bank details provided
Article 4. Products and services
4.1 Characteristics
All bosten Paris products have a complete description on the website www.bostenparis.com
The Products offered are handcrafted in Tunisia. They all comply with the French legislation in force and the standards applicable in France.
4.2 Availability
The Products are available for purchase within the limits of available stocks. When a Customer places an order on the Website, he is informed of the availability of the Products he wishes to order. However, in the event that a Product ordered by the Customer turns out to be unavailable later, bostèn Paris will inform the Customer by email as soon as possible. Since then :
If all the Products included in the order are unavailable, the order will then be automatically canceled and the Customer's bank account will be credited no later than two weeks following the validation of his order.
If certain Products only subject to the order are unavailable, the Customer may then choose to replace the missing product, maintain his order or cancel all or part of his order.
4.3 Quantity
www.bostenparis.com is a retail site.
bostèn Paris is not intended to sell the Customer the Products offered in quantities exceeding the usual quantities intended to satisfy the private needs of the Customer.
Consequently, bosten Paris reserves the right to refuse excessive orders in volume or frequency.
Article 5. Delivery
5.1 Terms and delivery costs
bostèn Paris delivers all orders to mainland France, and according to specific conditions in Europe and around the world. Deliveries are made by La Poste (Colissimo) for delivery in France and then by their partners in each country. The delivery time depends on the country.
The products are delivered to the delivery address indicated by the Customer at the time of each order. If the Customer wishes to be delivered to different addresses, he must place separate orders.
bostèn Paris sends each Customer an e-mail notification of dispatch of their order.
Hand-delivery can only be done in Paris Intra-muros and by appointment (to be taken on 06 25 79 91 83).
5.2 Delivery times
The execution times correspond to the average times and to the order processing and delivery times.
Products are shipped within 3-7 days. The delivery time and delivery costs will be adapted according to the country of destination: 2-3 working days for France, 5-6 working days for the EU and 10 working days for the rest of the world.
In the absence of a time limit indicated, the delivery time of the product may not exceed thirty days after confirmation of the order. An e-mail informs the Customer of any delay in delivery.
5.3 Delivery tracking
Each Customer can follow the processing status of his order directly by clicking on the package number that will be communicated to him in the e-mail notification of dispatch of his order. La Poste offers an order delivery tracking service accessible from the “www.laposte.fr” site by entering the parcel number. This service is independent of bosten Paris.
5.4 Lack of receipt of packages
If upon delivery to the address indicated by the Customer, the latter is not present or refuses the parcel, the parcel will be deposited at the post office closest to his home, where the Customer may collect it for a period of fifteen days, upon presentation of the transit advice note deposited by the Post Office in his mailbox.
At the end of this fifteen-day period, La Poste returns any unclaimed parcel to bosten Paris. If a package is returned to bostèn Paris for a reason attributable to the Customer, such as “unclaimed” or “does not live at the address indicated”, bostèn Paris informs the Customer concerned by e-mail. In this case, and with the Customer's agreement, the package will be reshipped, the reshipping costs being borne by the Customer.
An e-mail will indicate to the Customer the procedure to follow for the payment of these shipping costs. In all other cases, the package will be kept by bosten Paris for sixty days. At the end of this period, bostèn Paris may decide to destroy the Products thus returned, without notice or formal notice. This destruction does not give the Customer any right to reimbursement, replacement or compensation. The Customer will not be reimbursed for the price of the order or the delivery costs.
5.5 Product damaged on delivery
It is the Customer's responsibility to ensure, upon receipt of the items, that they conform to the order. Any anomaly concerning the delivery such as:
- Damaged package,
- Missing products,
- damaged products,
- Products not conforming to the order,
Must be notified within 5 days of receipt of the order by e-mail to the address " bostenparis@gmail.com and it is recommended to examine the package in the presence of the delivery person and to have any reservations noted on the delivery note, a copy of which the Customer must keep.
In the event of non-compliance, the Customer makes a complete complaint with the elements mentioned (Name, First name, Postal address, e-mail and Order number) by email in order to obtain a free "return slip" (Returns free only concerns shipments from mainland France). The non-compliant item must be returned to the following address:
bosten Paris
15 City Falguière
75015 Paris
A printable coupon will be emailed to you. You will then have to print it, stick it on the package and drop it off at a La Poste store.
The Customer should take care of the packaging and protect the product well so that it is not damaged during transport. The product must not have been used.
Upon receipt of the returned package, the total or partial refund will take place within 7 working days of the date of receipt of the goods. If necessary, the total or partial refund will take place within 7 working days following receipt of the complete complaint with the elements mentioned (complete contact details and order number).
Any shipment made by the customer himself, without going through a written request to the email address "bostenparis@gmail.com", will not give rise to reimbursement of the delivery costs of this return.
Article 6. Legal guarantees and commercial guarantee
6.1 Legal guarantees
All products supplied by bostèn Paris benefit from the legal guarantee of conformity provided for in articles L. 211-4 to L. 211-13 of the Consumer Code and the guarantee relating to defects in the item sold under the conditions provided for in articles 1641 to 1648 of the Civil Code and 2232 of the Civil Code; these articles are reproduced literally below:
Article L211-4 of the Consumer Code: “The seller is required to deliver goods that comply 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 has been charged to him by the contract or has been carried out under his responsibility”.Article L211-5 of the Consumer Code: “To comply with the contract, the goods must:
1) Be fit for the use usually expected of a similar item 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;
2) 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 knowledge of the seller and which the latter has accepted”.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".
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 reduce this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known them".
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".
6.2 Commercial warranty
The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to the reimbursement of the purchase price, the replacement or the repair of the good, in addition to his legal obligations aimed at guaranteeing conformity. good.
In the event of delivery to the customer of a Product that does not comply with the order or reveals a hidden defect, the Customer may return said product to bostèn Paris in accordance with the provisions of article 5.6.
6.3 Reminder of the Client's rights
It is thus recalled that when acting as a legal guarantee of conformity, the Customer:
• has a period of two years from delivery of the property to act;
• can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 217-9 of the Consumer Code;
• is exempted from providing proof of the existence of the lack of conformity of the good during the twenty-four months following the delivery of the good.
The legal guarantee of conformity applies independently of any commercial guarantee granted. The Customer may also decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
In any case, these provisions do not deprive the customer of the possibility of exercising his right of withdrawal, as indicated in article 8 below.
Article 7. Complaints and information
For any information, question or advice, bosten Paris Customer Service is available to the customer by email at the following address: bostenparis@gmail.com
Article 8. Right of withdrawal
In accordance with Article L. 121-20 of the Consumer Code, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons or pay penalties (excluding return costs) at the address below: bosten Paris, 15 Cité Falguière 75015 PARIS.
We inform customers that in accordance with Article L. 121-20-2 of the Consumer Code, in the event of exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the costs of shipment will be reimbursed, the return costs remain the responsibility of the Customer. Returns of products must be made in their original condition and complete (packaging, accessories) as new; if possible, they must be accompanied by a copy of the proof of purchase.
Upon receipt and after quality control of the returned item, bostèn Paris has a period of 30 days from receipt of this item to reimburse the Customer or make an exchange if he wishes. The latter does not have to justify his change of mind.
Article 9. Liability
Bostèn Paris cannot be held liable and bostèn Paris cannot under any circumstances be held liable for damages of any kind, whether material or immaterial, indirect, or bodily that could result from: improper use by the Customer of the Products, in contradiction with the uses, the usual rules of caution and the information notices provided, of a mismatch between the photographs and the texts reproduced illustrating the Products offered and their characteristics, communicated for illustrative purposes and not contractual.
Placing an order implies knowledge and acceptance of the characteristics and limits of the Internet, in particular with regard to technical performance, response times for consulting, querying or transferring information, risks of interruption, and more generally, the risks inherent in any connection and transmission on the Internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the Internet network. Consequently, bostèn Paris cannot, under any circumstances, be held liable for any direct or indirect damage resulting from an interruption, a malfunction of any kind, or any direct or indirect damage which would result, from in any way, from a connection to the Site. It is up to any person connecting to the Site to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attack. The connection of any person to the Site is under their sole responsibility.
The liability of bosten Paris cannot be engaged in the event of the occurrence of an event of force majeure, that is to say an irresistible and unforeseeable event.
Article 10. General
10.1 Nullity or illegality of a clause
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
10.2 Intellectual property
All elements of the Site www.bostenparis.com, whether visual or audio, including the underlying technology, are the exclusive property of bostèn Paris and benefit from both copyright protection and the protection conferred by the provisions relating to trademark and/or patent law.
As such, any reproduction, representation, modification, adaptation or use of any of these elements is prohibited and constitutes counterfeiting which may engage the civil and criminal liability of the counterfeiter.
10.3 Personal data
The collection of personal data for the services offered by the site www.bostenparis.com as well as their processing are carried out in compliance with the “Computing, Files and Freedoms” law of January 6, 1978 as amended and its implementing decrees.
The collection of personal data concerning users of the www.bostenparis.com site has the main purposes of identifying users for the provision of services and services offered on the site. The data collected is never transmitted to third parties unless the customer has given his prior consent and this provided that the third parties have clearly undertaken to comply with all the provisions of the amended Law of January 6, 1978.
In application of the law, any person having transmitted personal data has a right of access, rectification and deletion of the data as well as a right of opposition to the processing of personal data concerning him. To exercise this right, the Customer makes the request by email to the following address: bostenparis@gmail.com or by post to bostèn Paris, 15 Cité Falguière 75015 Paris.
Visitors to the site are informed that for the purposes of browsing the site www.bostenparis.com may have recourse to the automatic collection of certain information relating to users using cookies. If the user of the site does not wish the use of cookies by www.bostenparis.com, he can refuse the activation of cookies through the options offered by his internet browser. For technical reasons, if the user deactivates cookies in his browser, certain services offered on the www.bostenparis.com site may not be accessible to him.
Article 11. Modification of these General Conditions of Sale
These general conditions of sale are applicable as long as they appear on the site www.bostenparis.com
bostèn Paris reserves the right to modify them at any time. The new general conditions of sale will only apply to orders placed after this modification.
Article 12. Disputes – Applicable Law
These general conditions of sale are governed by French law.
Any dispute that may arise between the Parties due to the formation, interpretation and/or execution of these presents will, in the absence of amicable settlement, fall under the exclusive jurisdiction of the Commercial Court of Paris.