Online sale of “BOBBIES PARIS” brand products by BOLZE & MOOGY SAS.
The present general conditions of sale apply between:
The company BOLZE & MOOGY (Trade Name: BOBBIES), SAS with a capital of 40,000 euros, headquartered at 17 rue Jacques Bingen - 75017 Paris - FRANCE, registered on the Companies Register in Paris under number: 519 441 190, NAF code: 4771Z, intra-community VAT No. FR55519441190, publisher of the website www.bobbies.com
Any person making a purchase on the www.bobbies.com website
Hereinafter: ‘The CUSTOMER’
The CUSTOMER declares that he has the capacity to conclude this contract, that he is of legal age and not under guardianship. An order placed by the CUSTOMER implies irrevocable adhesion to these general conditions of sale. The sales contract is governed by French law.
1. Validity of offers
Offers are only addressed to consumers who have a delivery address in the countries to which BOBBIES delivers via a transport provider.
The products presented on the website are subject to stock availability. In the event of debit or collection of a payment for an order where an item is unavailable, BOBBIES undertakes to refund the CUSTOMER within 10 days. BOBBIES undertakes to alert the CUSTOMER who has placed an order for an unavailable item by e-mail.
2. Presentation of the products
The products proposed for sale are described and presented as accurately as possible. However, if errors or omissions do occur in relation to this presentation, BOBBIES cannot be held responsible.
The photographs depicting our products are for guidance purposes only. These photographs and the text describing the products do not fall within the scope of the contract.
BOBBIES may, for reasons related to its suppliers, deliver an item to a CUSTOMER whose composition is slightly different from that described but is in any event of equal or superior quality to the item ordered.
The prices shown on the website or online store are understood to be:
• Inc. tax (inclusive of all tax, including VAT) for CUSTOMERS having provided a delivery address within the European Union
• Excl. tax (not including tax) for CUSTOMERS having provided a delivery address outside of the European Union
The prices are understood not to include delivery fees, which remain payable by the CUSTOMER, except in the event of a temporary or permanent promotional offer.
The prices are guaranteed subject to typographical or printing errors. They can be modified at any moment without prior notice, notably in the event of modification of fiscal or economic data. The items will be billed on the basis of the current rate at the time the order is registered.
4. Payment methods
BOBBIES accepts the following methods of payment: Debit card, Visa, MasterCard, American Express, and PayPal. For some countries, in addition to the payment methods cited above, BOBBIES accepts specific local payment methods, which will be proposed to the CUSTOMER on payment.
BOBBIES does not accept payment by cheque or bank transfer.
5. Retention of ownership
Bobbies retains ownership of the goods until the buyer has made full payment for them. This right to reclaim applies both to the merchandise and to their value if they have already been sold (Act of 12 th May 1980, France).
6. Acceptance of the offer
Any order is equivalent to the express and irrevocable acceptance of the prices and descriptions of the products available for sale. Validation of the order by the CUSTOMER is equivalent to acceptance of the general conditions of sale.
The invoice is sent to the e-mail address indicated at the time of ordering and is also available in the ‘My Account’ area of the website. It is established in accordance with the current rate on the day the order was made. BOBBIES assumes no responsibility for data input errors.
8. Delivery and Transportation
Orders made before 1 pm (Paris time) Monday to Friday are usually shipped the same day. This timeframe is given for guidance only and cannot be respected in the following cases:
• Peak activity times (first day of the sales, launch of the new collection, etc.)
• French public holiday
• Absence of receipt of the CUSTOMER’s payment in time
• Anti-fraud verification procedure on the CUSTOMER’s order
Deliveries are made by a transport service provider who ensures delivery to the delivery address provided by the CUSTOMER or a delivery point selected by the CUSTOMER.
The delivery times shown on our website have been communicated to us by the transport provider and are for guidance purposes only. The non-adherence to these times can no way be held against BOBBIES, nor give rise to the termination of a contract or any compensation for damages.
Transport is at the CUSTOMER’s own risk once the goods have left the warehouse. The CUSTOMER must check the state of the packaging and the conformity of the items delivered and immediately inform BOBBIES of any anomalies. Any claims should be made using the delivery slip presented by the transport provider within 48 hours by e-mail to: [email protected]
The goods are shipped from mainland France. If the delivery country is not part of the European Union, customs duties may be required from the CUSTOMER. For most countries situated outside of the European Union, BOBBIES offers a ‘calculation and payment of customs duties’ service, which calculates the amount of customs duties and asks the CUSTOMER to pay them directly on the BOBBIES website. In this case, the CUSTOMER will have not customs duties to pay upon delivery. For other countries, not covered by this service, the CUSTOMER must pay customs duties directly to the transporter upon delivery. Bobbies has no control over these charges, which are the sole responsibility of the CUSTOMER.
9. Returns and Right of Retraction
If a CUSTOMER is unhappy with an item or items he has 15 days from the date of delivery of the goods, to exercise his right to retract his order. The Post Office stamp or the date on the delivery receipt constitute the beginning of this period. The return or cancellation may concern all or part of an order
For this, the CUSTOMER must go to www.bobbies.com and log-in to his CUSTOMER account. He must then go to ‘My Orders’, click on ‘Returns’ next to the relevant order and follow the instructions provided.
THE CUSTOMER may also send the withdrawal form contained in the appendix to the General Terms and Conditions by post to the following address: Bobbies – Service retours – 17 rue Jacques Bingen – 75017 Paris, France, or by e-mail to [email protected]
For a first category of countries, the return fee is covered by BOBBIES; the CUSTOMER can therefore download a prepaid transport label from his account to return his parcel. For a second category of countries, return fees are partially covered by BOBBIES; the CUSTOMER can therefore download a return label from his account to return his parcel and his participation in the return fees will be retained from the refunded amount. For a third category of countries, return fees are not covered by BOBBIES; the CUSTOMER must therefore return the parcel using the transporter of his choice at his own expense. In this case, the CUSTOMER is advised to use a transporter that can provide a parcel tracking number.
Return conditions for each country are clearly indicated in the ‘Delivery & Returns’ section, which is available from each product page. To be sure that the information provided in this section is correct, the CUSTOMER must check that the name of the country displayed at the top left of the website corresponds to the country to which he wishes to be delivered. If this is not the case, the CUSTOMER must change the delivery country and then revisit the ‘Delivery & Returns’ section on the product page.
The refund is carried out within 10 working days of receipt of the returned goods by re-credit to the payment method used during purchase, after verification of the good condition of the item and its packaging. Damaged or soiled products and incomplete returns will be neither accepted nor refunded. After a period of 15 days after delivery, the goods will neither be accepted nor refunded.
No exchange of products will be made, only refunds are possible.
For all orders made during the month of December, the return period is exceptionally extended to 15 January of the following year.
10. Obligation of the parties
When an order is accepted, BOBBIES undertakes to sell and deliver to the CUSTOMER the product(s) ordered by the latter according to the terms specified above.
BOBBIES undertakes to check that the products comply with French regulations.
The CUSTOMER undertakes to provide BOBBIES with an address to which delivery can be made. The provision of personal information (name, address, telephone number, e-mail address, etc.) collected as part of the conclusion of a sales contract is obligatory. This information is essential for the treatment and dispatch of orders and the establishment of invoices. If this information is not provided the order cannot be validated. In the case of error in the provision of this information, BOBBIES cannot be held responsible if delivery of the product is impossible. In this case, the CUSTOMER remains liable for payment. If an incomplete address is provided, resulting in the impossibility of the transport provider to complete delivery, the CUSTOMER must pay the delivery costs incurred for the re-delivery of his order.
All our products benefit from a statutory guarantee scheme if the product has been worn under normal conditions of use and the care instructions indicated on our website have been adhered to.
Article L211-4 of the French Consumer Code
The seller must deliver goods in conformity with the sales contract and respond to any faults existing at the time of delivery.
He must also respond to any conformity faults resulting from the packaging, and assembly or installation instructions where this falls under his responsibility under the contract or has been carried out under his responsibility.
Article L211-5 of the French Consumer Code
To comply with the contract, the product must:
1. Be fit the purpose for which goods of this type are normally used and, if applicable:
- correspond to the description provided by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
- present the qualities that a buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, including in the case of advertising or labelling;
2. Or present the characteristics defined by a shared agreement between the parties or be fit for a special use looked for by the buyer, conveyed to the seller, which the latter has accepted.
Article L211-9 of the French Consumer Code
If the product does not conform, the buyer chooses between the repair or replacement of the product.
However, the seller may not proceed according to the buyer’s choice if this choice involves a cost that is obviously disproportionate in relation to the alternative method, taking into account the value of the product and the seriousness of the fault. He is then required to proceed with the alternative not chosen by the buyer.
Article L211-10 of the French Consumer Code
If both the repair and the replacement of the product are impossible, the buyer may return the product and have the price refunded, or keep the product and have part of the price refunded.
The same option is open to him:
• If the solution requested, proposed or agreed under Article L 211-9 cannot be implemented within one month of the buyer’s claim;
• Or if this solution cannot be implemented without major inconvenience to the buyer, taking into account the nature of the product and its intended use.
The buyer may only rescind the contract if the lack of conformity is not minor.
Article L211-11 of the French Consumer Code
The application of Articles L 211-9 and L 211-10 takes place without cost for the buyer.
These provisions shall not obstruct the allocation of damages.
Article L211-12 of the French Consumer Code
Action resulting from defects in conformity lapses after two years from the delivery of the product.
Article 1641 of the French Civil Code
The seller is bound by a warranty regarding the latent defects of the object sold which render it unfit for its intended use, or which so impair that use that the buyer would not have acquired it, or would have paid less for it, if he had known of them.
Article 1648 paragraph 1 of the French Civil Code
Action resulting from latent defects must be brought by the buyer within two years of discovery of the defect.
12. Personal data
The collection of the CUSTOMER’s personal data is necessary for the treatment of his order. Such information is strictly confidential and is not intended to be used by BOBBIES. In accordance with data protection legislation (loi Informatique et Liberté of 6 January 1978), the CUSTOMER has the right to access, modify, rectify and remove personal data concerning himself. If the CUSTOMER wishes to exercise this right, he can write to BOBBIES, providing his full name and address.
BOBBIES reserves the right to collect data about the CUSTOMER using cookies to improve personalised service for the browser.
They do not enable us to identify you individually and they are strictly limited to your browsing session.
You can decline storage of cookies by adjusting your browser settings. However, doing this may lead to the deletion of all Cookies stored by your browser, including those used by other websites, which may lead to the modification or loss of certain settings or data. Deleting Cookies may alter browsing quality on the website and cause it to become unstable.
You can turn off Cookies by configuring your browser as follows:
Microsoft Internet Explorer 6.0 and higher:
1. Select the ‘Tools’ menu, followed by ‘Internet Options’.
2. Click on the ‘Confidentiality’ tab.
3. Select the desired level using the curser.
1. Select ‘Tools’>‘Options’ menu.
2. Click on the ‘Privacy’ button.
Safari 3.x for Mac OS X:
1. Open Safari.
2. Click on the ‘Preferences’ button.
3. Click on the ‘Confidentiality’ button.
4. Select ‘Block Cookies’.
BOBBIES will not be held responsible for any inconvenience or loss as a result of the use of Internet services, notably in the event of service interruption, the presence of computer virus’ or external breaches, or more generally, any event deemed force majeure in the courts.
14. Miscellaneous provisions
The invalidity or inapplicability of one of the clauses of these general conditions of sale or special conditions will not affect the validity of the other clauses of the general conditions of sale. The relevant clause will be replaced by a provision that is as close as possible to it.
Neither BOBBIES nor the CUSTOMER can be held responsible in the case of breach of contract caused by a case of force majeure, including, without being limited to, war, riot, insurrection, transport breakdown, import problems, industrial action, shortages, fire, earthquake, storm or flooding.
For further information or to make a claim, the CUSTOMER can send an e-mail to [email protected]
15. Legal notices
Owner: SAS BOLZE & MOOGY, 17 rue Jacques Bingen, 75017 Paris, France.
Publisher and integrator: SAS BOLZE & MOOGY, Département IT, 17 rue Jacques Bingen 75017 Paris, France.
16. Applicable law and competent jurisdiction
These general conditions of sale are governed exclusively by French law.
The commercial courts of Paris (France) have exclusive jurisdiction in the event of litigation or dispute concerning them.
APPENDIX 1 : WITHDRAWAL FORM
(Complete and send back this form, with the order number, if you wish to withdraw. Please make sure your order number is clearly visible.)
For the attention of Bobbies – 17 rue Jacques Bingen – 75017 Paris, France
By e-mail: [email protected]
This form notifies you of my withdrawal from the contract of sale with regards to the item(s) below:
Ordered the ……………..(date of order) and/or received the ……………..(date of delivery)
Client signature (only required if the form is being returned in hardcopy)
If you would like further information you can contact Customer service via [email protected] or by telephone on +33(0)188.8.131.52.38.