Online Sales for Bobbies Paris, by the company Bolze & Moogy SAS.
These general conditions of sale apply between :
The company Bolze & Moogy ( Trade name : Bobbies), SAS with a capital of 40, 000 euros with its head office based at 25 Boulevard de Bonne Nouvelle, 75002 Paris, France, registered with the RCS in Paris under number 519 441 190, NAF code 4771Z, EU VAT No: FR555 1944 1190, editor of the website www.bobbies.com.
Hereafter : " BOLZE & MOOGY"
Any person making a purchase via www.bobbies.com
Hereafter : "The client".
The client acknowledges his legal capacity to enter into this contract, that is to say, to have his/her own legal entity and not be under supervision of trusteeship.
An order by the client implies irrevocable acceptance of these general condition of sale.
This agreement is submitted to French Law.
1 - Validity period
The offers are intended exclusively for consumers with a delivery address in countries where Bolze & Moogy ensures delivery via a transport provider.
The products on the website are valid as long as the stock is available.
In case of debit or receipt for ordering an unavailable article, Bolze & Moogy will reimburse the client within 14 business days. Bolze & Moogy will have to inform by email the client who ordered an unavailable item.
2 - Presentation of products
The products offered for sale are described and presented with the best possible accuracy.
However, if some errors or omissions may have occured in this presentation, the responsability of Bolze & Moogy could not be commited.
3 - Prices
The prices presented on the website of the boutique online are permanent.
Prices are in euros and are submitted to French regulation.The pictures representing our products are only indicative.
Theses photos, like the texts illustrating the products, do not enter into the contractual field.
Bobbies' website does not propose tax-free sales.
4 - Payment terms
The goods or services must be paid in Euros. Bank charges incurred by the payment will be made by the client whatever the modalities.
5 - Acceptance of the offer
Any order is worth express and irrevocable acceptance of prices and descriptions of products available for sale.The validation of the order by the client implies acceptance of the terms and conditions.
6 - Invoices
The invoice is sent by email to the address specified during the order. It is established according to the rates prevailing at the date of placing the order.
Bolze & Moogy disclaims any responsability for any incorrect information.
7 - Delivery - Transport
Orders placed before 2 pm (GMT+1) from Monday to Friday are shipped the very same day.
- Colissimo: free delivery.
- TNT Express: 8€. Delivery before 1pm the working day after the shipping day (except Corsica).
EUROPEAN UNION & SWITZERLAND
- Chronopost International : 10€ except United Kingdom : free delivery.
- Shipping costs depend on the destination country. The price is always indicated before the payment.
Please be aware that if the country of delivery is part of the European Union, the client may have to pay custom fees.
Bobbies has no control over those charges and they are the responsibility of the client.
The delivery delays mentioned are given on a strictly indicative basis. In the event these delays are not respected, BOLZE & MOOGY is in no way responsible nor liable for compensation or punitive damages.
Transport risks are at the client’s expense from the moment the order leaves the warehouse. The client must verify the state of the packaging upon reception and immediately signal to BOLZE & MOOGY any anomaly or damages. The comments have to be made on the delivery receipt presented by the carrier and must be addressed by e-mail to email@example.com within 48 hours.
8 - Returns
If one or several items are not conform, the customer have 15 days from the delivery date to process a return. The waybill or postal receipt constitutes a proof for the delivery date.
To process a return, the client have to log into his personal Bobbies account and click on « Orders ». There are some quick and easy instructions to follow.
The return costs are the responsibility of the customer, except for the following countries : France, Albania, Austria, Belgium, Czech Republic, Germany, Spain, Finland, United Kingdom, Ireland, Italy, Luxembourg, Monaco, Malta, Netherlands, Poland, Slovenia and Slovakia.
The return costs are also offered if BOBBIES has delivered a product that is found to be damaged or different from the item ordered.
In case the client is based outside Europe, the only way to process a return is to use DHL carrier.
The client has to log into his/her account and select the "return" thumbnail in order to make a return.
A 10 euros fixed costs will be charged from the reimbursement, that will correspond to the shipping costs of the product.
For example, if you are based in the United states and you will like to return a product of 150 euros, you will get the refund of 140 € (15 € - 10 €) once the product will be verified and received by our logistic partner.
The reimbursement may take up to 30 work days from the date, the return was received. The same delay remains for clients having payed by Paypal® .
Exchanges are not permitted.
BOLZE & MOOGY retains the right to refuse the return if the items returned are damaged, incomplete, or worn.
9 - Contracting Parties’ Obligation
BOLZE & MOOGY, upon accepting an order, commits to sell and deliver to the client the items ordered by the methods mentioned below.
BOLZE & MOOGY commits to verify that the products are conform to French regulations.
The client commits to indicate a valid delivery address to BOLZE & MOOGY to carry out the order.
The nominative information (name, adress, telephone number, or e-mail) is an obligatory information that is collected in order to conclude the selling contract. This information is used to ensure the processing, delivery, and billing of the client’s order.
In the event the client’s information is invalid or contains an error, BOLZE & MOOGY is not held liable if the order cannot be delivered. In such an event, the client remains liable for payment.
If the delivery address is incomplete and the carrier is unable to deliver the order, the client will have to pay the delivery fees to have the order reshipped.
10 - Guarantee
All our products benefit from the legal quarantee of the regime, if the product has been used under normal condition and if the care instructions have been followed.
Article L211-5 of the Consumer Code
The seller undertakes to deliver the goods in conformity with the contract and respond to any faults that comes with the delivery.
He will also respond to defects in conformity resulting from packaging, instructions for assembly or installation when these have been made his/her responsability by the contract or have been produced under his/her responsability.
Article L211-5 of the Consumer Code
To comply with the contract , the good must :
Be appropriate for the use normally expected for such an article and, if necessary :
Match the description given by the seller and have the qualities that he has presened to the buyer as a sample or model.
The features that a buyer might reasonably expect given the public statements made by the seller, the producer or his representatitive, particularly in advertising or labeling.
Or have the characteristic defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer made known to the seller and the latter accepted.
Article L211-9 of the consumer code.
In case of lack of conformity, the buyer chooses between the repair and replacement of the property.
However, the seller may not proceed according to the buyer’s choice if it involves a disproportionate cost in relation to the other terms, given the property value or importance of the defect.
It is then required to proceed, when it’s possible, according to the modality not chosen by the purchaser.
Article L211-10 of the Consumer Code.
If it’s impossible to replace or fix the product, the buyer can process a return and get a refund or have the possibility to keep the product and then get a partial refund.
The same option is available under the following conditions :
If the requested solution proposed or agreed according to Article L.21-9 can be implemented within a month after the claim of the buyer.
Or if this solution is not an inconvenience for the buyer given the nature of the property and depending of the use.
However, the resolution cannot be imposed if the defect is minor.
Article L211-11 of the Consumer Code
The application of provisions regarding the Articles L.211-9 and L. 211-10 will not impact the buyer on the financial aspect.Thoses provisions shall not impede the allocation of damages and interest.
Article L211-12 of the Consumer Code
The action resulting from the lack of conformity lapses two years after the delivery of the goods.
Article 1641 of the Civil Code
The seller must guarantee in respect of the hidden defects regarding the product sold if it’s unfit for the use for which it was intended.
Article 1648, subparagraph 1 of the Civil Code
The action resulting from the latent defects must be brought by the purchaser within two years after the discovery of the defect.
11 - Personal information
The collection of the personal information from the client is required in order to process the order. This information is strictly confidential and is intended only for the use of Bolze & Moogy.
According to the law of data protection of January 6,1978, the client has a right to access, modify, rectify and delete personal information. If the client wishes to use this right, he will simply need to write to Bobbies, by stating his name and address.
12 - Responsability
Bolze & Moogy could not be held liable for inconvenience and damage relating to the use of the internet such as an inventory shortages, viruses or external instrusion or more generally all cases classified as force majeur by the courts.
13 - Various provisions.
The invalidity or unenforceability of any provision of these terms will not affect the application or validity of the other clauses of the terms and conditions. This clause will be replaced by the closest possible arrangment.
Neither Bolze & Moogy nor the client will be held responsible for any susbequent breach of contract in a case of force majeur such as war, riot, insurrection, interruption of transportation, import problems, strikes, shortages, fire, earthquake, storm and flood.
For any information, question or complaint the client can send an email to firstname.lastname@example.org
14 - Legal Notice
Owner: Bolze & Moogy SARL, 25 boulevard de Bonne Nouvelle, 75002 Paris.
Editor and integrator : SARL BOLZE & Moogy / IT Department, 25 boulevard de Bonne Nouvelle, 75002 Paris.
15 - Applicable law and competent court
These general conditions of sale are governed exclusively by French regulation.
The Commercial Court of Paris are the one in charge when it comes to a litigation or dispute against them.