Online sale of « BOBBIES PARIS » brand products by BOLZE & MOOGY SAS.
These general terms and conditions of sale apply between:
- The company BOLZE & MOOGY (Trade name: BOBBIES), a SAS (simplified joint-stock company) with a share capital of 40,000 euros, having its registered office at 17 rue Jacques Bingen - 75017 Paris - FRANCE, registered with the Paris Trade and Companies Register under number 519 441 190, NAF code 4771Z, intra-community VAT No. FR55519441190, publisher of the website www.bobbies.com
Hereinafter: « BOBBIES »
And:
- Any person making a purchase on the website www.bobbies.com
Hereinafter: « the CUSTOMER »
The CUSTOMER declares that they have the legal capacity to enter into this contract, i.e. that they have reached the age of majority and are not under guardianship. An order placed by the CUSTOMER implies irrevocable acceptance of these general terms and conditions of sale. The sales contract is governed by French law.
1. Validity of offers
Offers are only addressed to consumers with a delivery address in countries to which BOBBIES delivers via a transport provider.
Products presented on the website are subject to availability. In the event of a debit or payment collection for an order concerning an unavailable item, BOBBIES undertakes to refund the CUSTOMER without undue delay and no later than fourteen (14) days from the date on which the contract is terminated for failure to deliver, in accordance with Article L216-3 of the French Consumer Code. BOBBIES undertakes to notify by e-mail any CUSTOMER who has placed an order for an unavailable item.
2. Presentation of the products
The products offered for sale are described and presented as accurately as possible. However, should any errors or omissions occur in this presentation, BOBBIES cannot be held liable.
The photographs representing our products are for guidance only. These photographs, as well as the texts describing the products, are not part of the contractual scope.
Due to circumstances relating to its suppliers, BOBBIES may deliver to the CUSTOMER an item whose composition is slightly different from that described, but which is in any event of equal or superior quality to the item ordered.
3. Price
The price applicable is the one shown on the website at the time the CUSTOMER's order is registered. This price remains guaranteed for the order in question, even if the rates shown on the website subsequently change.
Prices shown on the website or online shop are understood to be:
- Inclusive of all taxes (i.e. including VAT) for CUSTOMERS who have provided a delivery address within the European Union
- Exclusive of tax for CUSTOMERS who have provided a delivery address outside the European Union. Prices include any applicable customs duties.
Prices do not include the flat-rate contribution to shipping costs, which remains payable by the CUSTOMER, except in the case of a temporary or permanent promotional offer. Shipping costs are displayed when the CUSTOMER selects the delivery method.
Prices shown on the website for future orders are guaranteed subject to typographical or printing errors. They may be changed at any time without prior notice, in particular in the event of a change in tax or economic data. Items will be invoiced on the basis of the rates in effect at the time the order is registered.
4. Payment terms
BOBBIES accepts the following payment methods: debit/credit card, Visa, MasterCard, American Express, PayPal, Apple Pay. In certain countries, in addition to the payment methods mentioned above, BOBBIES accepts specific local payment methods, which are offered to the CUSTOMER at the time of payment.
In France, Germany, Belgium, Spain and Italy, the CUSTOMER may also pay for their order in instalments, with no minimum purchase amount, via our instalment payment partners Alma (for France) and Klarna (for other countries).
Gift cards may be purchased on our website. They can be used on our website or in any official BOBBIES store that accepts the currency in which the gift card was purchased.
BOBBIES does not accept payment by cheque or bank transfer.
5. Retention of title
BOBBIES retains title to the goods until full payment of the price by the buyer, in accordance with Articles 2367 et seq. of the French Civil Code. This right of reclamation applies both to the goods and to their price if they have already been resold, in accordance with Article L624-16 of the French Commercial Code applicable in the event of insolvency proceedings against the buyer.
6. Acceptance of the offer
Any order constitutes express and irrevocable acceptance of the prices and descriptions of the products available for sale. Validation of the order by the CUSTOMER constitutes acceptance of the general terms and conditions of sale.
7. Invoice
The invoice is sent to the e-mail address provided when the order was placed and is also available in the « My Account » section of the website. It is drawn up in accordance with the rate in effect on the day the order was placed. BOBBIES accepts no liability for data entry errors.
8. Delivery & Transport
Orders placed before 1pm (Paris time) Monday to Friday are usually shipped the same day. This timeframe is given for guidance only and may not be met in the following cases:
- Exceptional peaks in activity (first day of sales, launch of new collections, etc.)
- Public holiday in France
- Late receipt of the CUSTOMER's payment
- Anti-fraud verification procedure on the CUSTOMER's order
Shipments are then handled by a transport provider who delivers to the delivery address provided by the CUSTOMER, or to the parcel collection point selected by the CUSTOMER.
Delivery times shown on our website have been provided to us by transport providers and are for guidance only. Delivery delays resulting from a case of force majeure, within the meaning of Article 1218 of the French Civil Code (an unforeseeable, irresistible event beyond BOBBIES' control), such as exceptional customs formalities, extreme weather conditions or strikes affecting the transport provider, shall not engage BOBBIES' liability.
In accordance with Article L216-4 of the French Consumer Code, the transfer of risk of loss or damage to the goods to the CUSTOMER occurs when the goods are physically handed over to the CUSTOMER or to a third party designated by them, excluding the carrier proposed by BOBBIES. However, where the CUSTOMER has chosen a carrier other than those proposed by BOBBIES, the transfer of risk occurs as soon as the goods are handed over to that carrier.
The CUSTOMER must check the condition of the packaging and the conformity of the items delivered and must immediately notify BOBBIES of any anomaly. Any reservations must be noted on the delivery note presented by the carrier and must be sent within 48 hours by e-mail to: [email protected].
Goods are shipped from mainland France. If the delivery country is not part of the European Union, the sale prices shown on the website include any applicable customs duties. In this case, the CUSTOMER will not have any additional customs duties to pay upon delivery.
9. Returns & Right of withdrawal
9.1 Right of withdrawal
In accordance with Articles L221-18 et seq. of the French Consumer Code, the CUSTOMER has a period of 15 days from the date of delivery of the goods to notify their decision to withdraw, without having to justify their reasons. The right of withdrawal may be exercised for all or part of the items making up the order.
This 15-day period concerns only the CUSTOMER's notification of withdrawal; it is distinct from BOBBIES' refund period, described in Article 9.2, which runs from a different starting point.
To exercise this right, the CUSTOMER must go to www.bobbies.com and log in to their CUSTOMER account. They must then go to « Orders & Returns », click on « Process a Return » next to the relevant order, and follow the instructions. The CUSTOMER therefore has 15 days after receiving their order to submit their return request online. Once the return request has been validated and the shipping label downloaded, the CUSTOMER must hand the parcel over to the carrier within the following 7 business days.
The CUSTOMER may also send the withdrawal form template appended to these General Terms and Conditions of Sale, by post, to the following address: Bobbies – Returns Department – 17 rue Jacques Bingen – 75017 Paris, France, or by e-mail to [email protected].
Return costs are covered by BOBBIES for a return from the delivery country, with the exception of returns made from Germany, for which a flat-rate contribution of €2.95 will be deducted from the amount refunded; the CUSTOMER may then download a prepaid shipping label from their account to return their parcel. Only one return label is generated per order.
Return conditions specific to each country are clearly indicated in the « Delivery & Returns » section available on each product page. To make sure the information in this section is accurate, the CUSTOMER must check that the country name shown at the top right of the website matches the country to which they wish to have their order delivered. If not, the CUSTOMER must change the delivery country and then check the « Delivery & Returns » section on a product page again.
9.2 Refunds
In accordance with Article L221-24 of the French Consumer Code, BOBBIES will refund all sums paid by the CUSTOMER, including standard delivery costs, without undue delay and no later than fourteen (14) days from the date on which BOBBIES is informed of the CUSTOMER's decision to withdraw – this period being separate from and independent of the 15-day period mentioned in Article 9.1, which concerns the CUSTOMER's notification of withdrawal and not the refund by BOBBIES.
However, if the CUSTOMER chose express delivery when a standard delivery option was available, these additional costs will not be refunded.
The refund is made under the conditions and within the timeframes described above by crediting back the payment method used for the purchase, after checking that the item and its packaging are in good condition. Damaged, incomplete or used products cannot be returned or refunded. For models with a sole protected by a plastic film, no return will be accepted if the film has been removed, even partially.
Exchanges of products or credit notes are not possible; only refunds to the payment method used for the purchase are possible.
10. Obligations of the parties
When an order is accepted, BOBBIES undertakes to sell and deliver to the CUSTOMER the product(s) ordered by the latter, in accordance with 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. Providing personal information (name, address, telephone number, e-mail address, etc.) collected for the purpose of concluding the sales contract is mandatory. This information is essential for processing and dispatching orders and issuing invoices. Failure to provide this information will result in the order not being validated. In the event of an error in providing this information, BOBBIES cannot be held responsible if delivery of the product proves impossible. In this case, the CUSTOMER remains liable for payment. If an incomplete address is provided, making delivery by the transport provider impossible, the CUSTOMER must pay the delivery costs corresponding to the re-shipment of their order.
11. Warranty
All our products benefit from the statutory warranty, provided the product has been worn under normal conditions of use and the care instructions given on our website have been followed.
Article L217-3 of the French Consumer Code
The seller delivers goods that conform to the contract and to the criteria set out in Article L217-5. The seller is liable for any lack of conformity existing at the time of delivery which appears within a period of two years from that date. This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The starting point for the consumer's limitation period is the day on which the consumer becomes aware of the lack of conformity.
Article L217-4 of the French Consumer Code
The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation, where this has been made the seller's responsibility under the contract or has been carried out under the seller's responsibility.
Article L217-5 of the French Consumer Code
To conform to the contract, the goods must:
- Be fit for the purpose ordinarily expected of similar goods and, where applicable, correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model, or possess the qualities that a buyer may legitimately expect having regard to public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
- Or possess the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L217-7 of the French Consumer Code
Any lack of conformity appearing within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity claimed.
Article L217-9 of the French Consumer Code
In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may decline the buyer's choice if it would involve a cost manifestly disproportionate to the alternative method, taking into account the value of the goods and the significance of the defect. The seller is then required to proceed, unless impossible, with the method not chosen by the buyer.
Article L217-10 of the French Consumer Code
If repair and replacement of the goods are both impossible, the buyer may return the goods and obtain a refund of the price, or keep the goods and obtain a partial refund of the price. The same option applies if the requested, proposed or agreed solution 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 goods and the intended use. The sale may not be rescinded, however, if the lack of conformity is minor.
Article L217-11 of the French Consumer Code
These provisions apply at no cost to the buyer. These provisions do not preclude the award of damages.
Article 1641 of the French Civil Code
The seller is bound by a warranty in respect of hidden defects in the goods sold which render them unfit for their intended use, or which so impair that use that the buyer would not have acquired them, or would have paid a lower price for them, had they known of the defects.
Article 1648, paragraph 1 of the French Civil Code
Any action arising from hidden defects must be brought by the buyer within two years of discovering the defect.
12. Personal data
The collection of the CUSTOMER's personal data is necessary for processing their order. This information is strictly confidential and is intended solely for use by BOBBIES.
In accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data (the « GDPR ») and French Act No. 78-17 of 6 January 1978, as amended, relating to information technology, data files and civil liberties, the CUSTOMER has the following rights over their personal data: the right to information, the right of access, the right to rectification, the right to restriction of processing, the right to erasure, the right to portability, the right to object, the right to withdraw consent at any time for processing based on consent, the right to define directives concerning the fate of their data after their death, and the right to lodge a complaint with the French Data Protection Authority (CNIL).
For details on how to exercise these rights, the CUSTOMER is invited to consult BOBBIES' Privacy Policy, available on the website. If the CUSTOMER wishes to exercise these rights, they may write to BOBBIES, providing their full name and address.
In order to improve your browsing experience and offer you a personalised service, BOBBIES may use Cookies or similar technologies on the website. These Cookies notably record certain information relating to your browsing and make it easier to use the Site. The retention period for these Cookies varies according to their purpose and does not exceed the period strictly necessary for that purpose.
You may object to the storage of these Cookies at any time by adjusting your internet browser settings. However, doing so may, in some cases, result in the deletion of all Cookies used by the browser, including those used by other websites, which may lead to the alteration or loss of certain settings or information. Deleting Cookies may alter the quality of browsing on the Site, or even make it less smooth.
You can configure your browser as follows:
For Google Chrome:
- Click on the menu (three dots at the top right), then « Settings ».
- Click on « Privacy and security », then « Cookies and other site data ».
- Choose the desired level of blocking.
For Microsoft Edge:
- Click on the menu (three dots at the top right), then « Settings ».
- Click on « Cookies and site permissions ».
- Choose the desired level of blocking.
For Firefox:
- Click on the menu (☰ icon at the top right), then « Settings ».
- Click on « Privacy & Security ».
- In the « Cookies and Site Data » section, choose the desired level of blocking.
For Safari (macOS):
- Open Safari, then click on « Settings » (or « Preferences ») in the Safari menu.
- Click on the « Privacy » tab.
- Under « Cookies and website data », choose the desired blocking option.
13. Privacy Policy
To find out more about how we manage data, we invite you to consult our Privacy Policy.
14. Liability
BOBBIES cannot be held liable for any inconvenience or damage resulting from the use of the Internet network, such as, in particular, a service interruption, the presence of computer viruses or external intrusions, or, more generally, any event classified as force majeure by the courts.
15. Miscellaneous provisions
The invalidity or unenforceability of any one of the clauses of these general terms and conditions of sale, or of any special conditions, will not affect the validity of the other clauses, which will remain fully applicable. The invalid clause will then be replaced by a provision that comes as close as possible to the original clause.
Neither BOBBIES nor the CUSTOMER may be held liable for failure to perform their contractual obligations resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code, such as, without limitation: war, riot, insurrection, disruption of transport, import difficulties, strikes, shortages, fire, earthquake, storm or flooding.
For any information, question or complaint, the CUSTOMER may send an e-mail to [email protected]
16. Legal notice
Owner: SAS BOLZE & MOOGY, 17 rue Jacques Bingen, 75017 Paris, France.
Publisher and integrator: SAS BOLZE & MOOGY, IT Department, 17 rue Jacques Bingen, 75017 Paris, France.
17. Applicable law and competent jurisdiction
These general terms and conditions of sale are governed exclusively by French law.
The Paris Commercial Court (France) has sole jurisdiction in the event of any dispute or disagreement concerning them.
In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, SAS BOLZE & MOOGY is a member of the FEVAD (French Federation of e-commerce and distance selling) e-commerce Mediation Service, whose contact details are as follows: Médiateur de la consommation FEVAD – BP 20015 – 75362 PARIS CEDEX 8 – http://www.mediateurfevad.fr. After the consumer has made a prior written approach to SAS BOLZE & MOOGY, the Mediation Service may be called upon for any consumer dispute that has not been resolved. To find out how to refer a matter to the Mediator, click here.
18. Refashion UID
Our Refashion unique identification number is: FR320241_11MYWD.
APPENDIX 1: WITHDRAWAL FORM TEMPLATE
(Complete and return this form, along with your order number, only if you wish to withdraw. Please make sure your order number is clearly stated.)
For the attention of Bobbies – 17 rue Jacques Bingen – 75017 Paris, France
E-mail: [email protected]
I hereby notify you of my withdrawal from the contract for the sale of the item(s) below:
Ordered on ……………..(order date) and/or received on ……………..(delivery date)
Customer name:
Customer address:
Customer signature (only required if returning by paper form)
Date:
For any further information, you can contact Customer Service at [email protected] or by phone on +33(0)1.89.71.47.75