ARTICLE 1: GENERAL STIPULATIONS

These general terms and conditions of sale are concluded between the company BOHIN FRANCE, a SAS registered with the RCS of ALENCON under number 411 123 557 (hereinafter referred to as "BOHIN FRANCE") and any person wishing to make a purchase (hereinafter referred to as the "Client") via the website https://bohin.com (hereinafter referred to as the "Site").

BOHIN FRANCE and the Client will hereinafter be jointly referred to as the "Parties".

These general conditions constitute a distance selling contract, defining the rights and obligations of BOHIN FRANCE and the Client in the context of the sale of products listed on the Site (hereinafter referred to as the "Products").

Clients are exclusively consumers, defined as natural persons acting for purposes that are outside their commercial, industrial, craft, liberal, or agricultural activity.

Professional clients can place orders through the dedicated professional platform https://www.bohin.com/professionnel. To do so, they are invited to submit an access request to BOHIN FRANCE to receive a username and password.

Placing an order via the Site implies the Client's full and unreserved acceptance of these general conditions, to the exclusion of all other documents such as prospectuses, promotional catalogs, product descriptions issued by BOHIN FRANCE, which are only indicative. In this regard, the validation of the order confirms the Client's full and complete acceptance of these general conditions.

These general conditions may be modified at any time and without prior notice by BOHIN FRANCE, the modifications then being applicable to all orders subsequent to this modification. BOHIN FRANCE may occasionally modify certain stipulations of its general terms and conditions of sale, so the Client is advised to systematically review them before each order validation. In any case, the general terms and conditions of sale applicable are those in force on the day the Client places the order.

The fact that one of the Parties does not, at any given moment, avail itself of any of these conditions cannot be interpreted as a waiver of its right to later avail itself of any of the said conditions. The cancellation of a clause of these general conditions will not affect the validity of the general conditions as a whole. For any question or complaint relating in particular to the Products, their order, the right of withdrawal, the application of the Product warranty or the Site, the Client can contact BOHIN FRANCE at the following contact details:

By mail: BOHIN FRANCE 1 Rue Jean Baptiste Biot 61300 L'Aigle

By phone: 02 33 84 25 25

By email: info@bohin.com

ARTICLE 2: THE SITE

All content on the Site or any advertising documentation (illustrations, texts, labels, trademarks, images, videos) is the property of BOHIN FRANCE or is used with the authorization of the rights holders concerned. Any reproduction, in whole or in part, as well as the creation of hypertext links, is prohibited, unless BOHIN FRANCE gives its express prior authorization.

ARTICLE 3: BROWSING THE SITE / CREATION AND USE OF THE CLIENT ACCOUNT / LOYALTY PROGRAM

3.1 Browsing the Site and consulting the Product presentation pages do not require any registration from the Client.

To place an order on the Site, the Client can:

• Create a personal account on the Site by filling out the registration form provided for this purpose;
• Log in using their email address and the password they chose when their personal account was previously created.

3.2 The information provided by the Client during registration must be accurate, complete, and up-to-date. The Client must notably ensure the validity and updating of the email address they provide during registration. This address is indeed considered a valid personal address to which all emails sent by BOHIN FRANCE in the context of the execution of these terms will be sent and will also be used as the Client's login ID on the Site.

To create their personal account, the Client must fill in all mandatory information, which is indicated by an asterisk. Failing this, their registration cannot be taken into account. In any case, the Client is responsible for the information entered on their registration form. In the event of an error, BOHIN FRANCE cannot be held responsible for any failures in the processing of the order due to the Client's omissions.

The Client's email address and password are strictly personal and confidential, and the Client is prohibited from disclosing them to a third party or transferring them. Any order placed using this ID and password will be deemed to have been made by the Client and will therefore bind the latter towards BOHIN FRANCE. It is the Client's responsibility to immediately inform BOHIN FRANCE in writing of any unauthorized use of their email address and password of which they are aware.

ARTICLE 4: PRODUCTS

4.1 PRODUCT PRESENTATION

The presentation of the Products offered by BOHIN FRANCE on the Site allows the Client to know the essential characteristics of the Product they wish to order. In any case, BOHIN FRANCE cannot be held liable for any changes or errors concerning the description of the characteristics of the purchased Product, unless, however, the essential characteristics of the Product are affected.

The Products are new products.

4.2 PRODUCT AVAILABILITY

Products are offered for sale within the limits of available stock. Product availability is indicated during Product selection, subject to any synchronization errors in BOHIN FRANCE's IT system. In any case, Product availability will be definitively validated upon confirmation of order shipment, which will be sent to the Client by email. In the event that one of the ordered Products is not available during the preparation of the Client's order, BOHIN FRANCE undertakes to contact the Client as soon as possible to inform them of the estimated delivery time for said Product. If this delay is too long, the Client may choose to cancel their order, and the amounts paid will then be refunded as soon as possible.

4.3 AVAILABILITY OF SPARE PARTS

Where relevant given the nature of the Product, in application of Article L. 111-4 of the Consumer Code, BOHIN FRANCE provides the Client, on any suitable medium before the conclusion of the sale, with information regarding the period during which or the date until which spare parts essential for the use of the Product are available on the market, provided that this information has actually been transmitted to it by the manufacturer or importer. This information, when transmitted by the manufacturer or importer, will be confirmed in writing upon purchase of the product by the Client.

ARTICLE 5: ORDERS

The Client declares to have the capacity to conclude this contract, meaning to be of legal age and not under guardianship or curatorship. The Client will place an order according to the instructions given on the Site. The information provided by the Client to BOHIN FRANCE when placing an order and/or on their registration form must be complete, accurate, and up-to-date. In any case, the Client is responsible for the information entered on their registration form and when placing an order. In the event of an error (name, address, etc.), BOHIN FRANCE cannot be held responsible for any failures or delays in the delivery of the Products.

The Client's order will only become final upon effective payment of the corresponding price, as specified in Article 6 hereof. In other words, the effective payment by the Client formally and definitively seals the distance selling contract concluded with BOHIN FRANCE.

Once the order has been validated and paid for, the Client will receive an order confirmation by email, accompanied by the form for exercising the right of withdrawal, if applicable. The order summary must be kept; it constitutes proof of the Client's order and the contract binding the Parties.

BOHIN FRANCE reserves the right not to accept an order for a legitimate reason such as, in particular, a problem concerning the understanding of the order received, a foreseeable problem concerning delivery, or an abnormality in the quantities ordered with regard to the usual needs of a consumer.

BOHIN FRANCE also reserves the right not to fulfill any request from the Client that would be excessive or derogatory to common law and/or its general conditions or in the event of an ongoing dispute with the Client, particularly in the event of unpaid amounts from the Client concerning previous orders placed via the Site or by any other means, these cases being considered legitimate reasons. In such cases, BOHIN FRANCE cannot be held liable in any way.

ARTICLE 6: PRICE AND PAYMENT

Products are invoiced according to the current price listed on the Site on the day of the order. Prices are indicated in euros and are inclusive of all taxes, with the applicable VAT being that in force at the time of invoicing. The prices indicated do not include delivery costs for the Products, which are invoiced additionally and clearly indicated to the Client before validating their order, as well as any other incidental costs, including customs duties or other taxes that would be borne by the client. The total price of the order is in any case indicated at the end of the online order, before its validation, and corresponds to the price of the Products including VAT, plus any transport costs.

BOHIN FRANCE reserves the right to modify its selling prices at any time. Nevertheless, no modification subsequent to the order placement can be applied by BOHIN FRANCE. The price applicable to the ordered Products is that appearing on the Site on the day of the order. Orders are payable in euros, in full and in cash. At no time can the sums paid be considered as deposits or down payments. Payment is made via the Site by credit card and Paypal (by being redirected to BOHIN FRANCE's banking partner site).

In any case, once the payment is validated, the Client then receives confirmation by email.

ARTICLE 7: DELIVERY / RECEIPT

7.1 DEADLINES

Product delivery times are given for information purposes only, unless BOHIN FRANCE explicitly and in writing commits to firm dates and times. In the event of a foreseeable delivery delay, BOHIN FRANCE will inform the Client as soon as possible by email and provide an estimated additional delivery time. BOHIN FRANCE cannot be held responsible for any delay or failure to receive due to force majeure or a fault of the Client, such as the Client's absence at the time of delivery to the address indicated in their order.

In the absence of delivery within the expressly agreed period, or, failing that, at the latest thirty (30) days after the conclusion of the contract, the Client may formally request BOHIN FRANCE, by registered letter with acknowledgment of receipt, to proceed with delivery within a reasonable additional period. In the event of non-performance by BOHIN FRANCE within this new period, the Client may terminate the contract by registered letter with acknowledgment of receipt. The contract will be considered terminated upon receipt by BOHIN FRANCE of this letter, unless BOHIN FRANCE has performed in the interim.

7.2 DELIVERY

The Products ordered by the Client will be delivered to the address indicated by the Client when placing their order. BOHIN FRANCE cannot, in any case, be held responsible for any delay and/or non-delivery due to a false or erroneous address or an address where delivery proves impossible. Delivery is deemed to have been made by BOHIN FRANCE upon hand delivery of the ordered Products, in the mailbox, or upon their collection at the post office. In the event of the Client's absence during delivery and/or impossibility to deposit the package in the mailbox, a delivery notice or any other document will be deposited and/or sent to the Client. It will then be up to the latter to follow the recommendations indicated to have their order delivered or collected.

7.3 RECEIPT

The Client is obliged to ensure the receipt of the ordered Products and undertakes to sign, if applicable, the delivery note for the Products. It is the Client's responsibility to check the condition of the Products and their quantity upon receipt. Receipt and this verification are considered to have been carried out once the Client, or a person authorized by them, has signed the delivery note. In the event of a dispute, damage to the Product during transport, damage, missing items, or delay, the Client must make clear and precise reservations on the delivery note. The Client must confirm these reservations to BOHIN FRANCE, by motivated registered letter with acknowledgment of receipt within three (3) days, excluding public holidays, following receipt of the Products.

In accordance with Article L. 224-65 of the Consumer Code, when the Client personally takes delivery of the transported goods and when the carrier does not prove that it allowed them to effectively verify their good condition, the aforementioned period is extended to ten (10) days. In any case, complaints about apparent defects or non-conformity of the Product must be made to BOHIN FRANCE under the conditions provided for in Article 10 of these general conditions.

ARTICLE 8: RIGHT OF WITHDRAWAL

8.1 EXISTENCE, ABSENCE OR LOSS OF THE RIGHT OF WITHDRAWAL

In application of Article L. 221-18 of the Consumer Code, the Client has a withdrawal period of fourteen (14) clear days from the date of receipt of the ordered Products (the day of receipt of the ordered Products is not included in the period, the latter beginning to run the day after. If this withdrawal period expires on a Saturday, Sunday, or public holiday, it is extended until the next working day).

However, Article L. 221-28 of the Consumer Code stipulates that: "The right of withdrawal cannot be exercised for contracts: 6° For the supply of goods which, after having been delivered and by their nature, are inseparably mixed with other goods."

8.2 TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL

To exercise their right of withdrawal, when the latter can be exercised, the Client must, within the fourteen (14) day period indicated above, send BOHIN FRANCE the standard withdrawal form (in Appendix 1 of these conditions) or an unambiguous statement expressing their wish to withdraw, to the address indicated in Article 1 of these conditions.

In this context, the Client must return the Product(s) at their exclusive expense, within fourteen (14) days of communicating their decision to withdraw, in their original packaging, unused and in perfect condition, without any trace or mark, with the labels, all accessories, and any gifts offered, to the address indicated in Article 1 of these conditions.

Only the return costs of the Product(s) remain the responsibility of the Client. The Client is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, their liability may be incurred in the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the Products.

8.3 REFUND TO THE CLIENT IN CASE OF WITHDRAWAL

In the event of the Client's withdrawal under the conditions set out above, BOHIN FRANCE undertakes to refund the Client for all sums paid, including delivery costs, within fourteen (14) days from the date on which it is informed of the Client's decision to withdraw. Nevertheless, BOHIN FRANCE is entitled to defer this refund until effective recovery of the Products or until the Client has provided proof of their shipment, the date taken being that of the first of these facts. BOHIN FRANCE makes this refund using the same payment method as that used by the Client for the initial transaction, unless the Client expressly agrees that BOHIN FRANCE uses another payment method and insofar as the refund does not incur any costs for them. In any case, BOHIN FRANCE is not obliged to refund additional costs if the Client has expressly chosen a more expensive delivery method than the standard delivery method offered by BOHIN FRANCE. In the event of exercising the right of withdrawal for part of the order, no refund of initial delivery costs will be due in the case of flat-rate delivery costs. Conversely, if delivery costs depend on the number of Products ordered, the refund of delivery costs will be made proportionally to the Products ordered subject to withdrawal.

ARTICLE 9: CLIENT OBLIGATIONS

The Client undertakes to provide BOHIN FRANCE with all the elements necessary for the proper execution of orders. In this regard, the Client remains responsible for the content and accuracy of the information they transmit to BOHIN FRANCE.

The choice and use of the Products are made under the sole responsibility of the Client. In this regard, the Client must comply with any usage and maintenance instructions provided by BOHIN FRANCE. It is reiterated that orders placed by Clients on the Website are exclusively for personal use. Resale of Products is prohibited unless authorized by BOHIN FRANCE.

ARTICLE 10: LEGAL GUARANTEES / CLAIMS / RETURNS

10.1 LEGAL GUARANTEES

BOHIN FRANCE is liable for conformity defects of the goods to the contract under the conditions of articles L. 217-4 et seq. of the Consumer Code and for hidden defects of the sold item under the conditions provided for in articles 1641 et seq. of the Civil Code. In this regard, the Client may submit a request under the legal guarantee of conformity or the guarantee of defects of the sold item by sending their claim to BOHIN FRANCE at the address indicated in article 1 of these general conditions.

When acting under the legal guarantee of conformity, the Client:

- has a period of two (2) years from the delivery of the goods to act;

- can choose between repair or replacement of 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 conformity defect of the goods during the twenty-four (24) months following the delivery of the goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted. The Client may decide to invoke the guarantee against hidden defects of the sold item within the meaning of article 1641 of the Civil Code and in this case, they can choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code. Some Products sold by BOHIN FRANCE have a limited lifespan which depends essentially on the conditions of use of the Products by the Clients. Thus, the 24-month period of the legal guarantee of conformity mentioned above is incompatible with the specific nature of these Products. In any event, BOHIN FRANCE may challenge the presumption that defects appearing within 24 months of delivery of the Product are presumed to have existed at the time of its delivery.

10.2 CLAIMS AND RETURNS

Except in cases where the claim is made under the legal guarantee of conformity, it is the Client's responsibility to provide all justification regarding the reality of the defects or anomalies observed. In any event, in the event of a claim, the Client must allow BOHIN FRANCE every facility to ascertain these defects or anomalies. Subject to the possible exercise of the right of withdrawal, any return of a Product must be subject to the express agreement of BOHIN FRANCE. Products must be returned in perfect condition with all accessories potentially provided by BOHIN FRANCE. The return will result, depending on the case, in a replacement of the Products or a refund to the Client, after qualitative and quantitative verification of the returned Products. The costs and risks of shipping and return will be borne by the Client if the non-conformity is not proven. 

ARTICLE 11: LIABILITY

BOHIN FRANCE's liability cannot in any case be engaged in the event of non-performance or improper performance of contractual obligations attributable to the Client, particularly when entering their order and/or personal information.

BOHIN FRANCE cannot be held responsible, or considered to have failed herein, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by law or jurisprudence. BOHIN FRANCE disclaims all liability, particularly for the Client's choice and use of the Products, damages resulting from modifications made to the Products by the Client, or damages resulting from the Client's failure to comply with the recommendations for use or maintenance of the Products. BOHIN FRANCE cannot be held responsible for temporary or permanent damage caused to the Client's computer system, nor for any losses or damages that may be suffered, particularly following access to or navigation on the Website. Data transmission via the Internet may lead to errors and/or the fact that the Website may not always be available. Therefore, BOHIN FRANCE cannot be held responsible for the availability and interruption of the online service.

ARTICLE 12: PERSONAL DATA / COOKIES

As part of the Client's use of the Website, BOHIN FRANCE collects and processes Clients' personal data in compliance with the provisions of French and European legislation applicable to personal data protection. For transparency, it is essential for BOHIN FRANCE that the Client be informed of the processing and protection practices of their personal data. In this regard, the Client is invited to carefully read BOHIN FRANCE's Privacy Policy, accessible at the following address: https://boutique.bohin.com/pages/politique-de-confidentialite.

BOHIN FRANCE uses cookies and other trackers on the Website. To learn more about the use of these trackers and to configure them, the Client is invited to consult BOHIN FRANCE's Cookie Policy, accessible at the following address: https://boutique.bohin.com/pages/politique-de-confidentialite.

ARTICLE 13: OPPOSITION TO TELEPHONE SOLICITATION

The Client is informed by BOHIN FRANCE that they can register on a telephone solicitation opt-out list (Bloctel list). It is nevertheless specified that this registration does not prohibit BOHIN FRANCE from contacting the Client by telephone for the strict needs of the performance of this contract.

ARTICLE 14: APPLICABLE LAW / DISPUTES / MEDIATION

These conditions and their consequences are governed by French law. The language of these conditions and of the relations between the Parties is French.

The Client declares to have been previously informed by BOHIN FRANCE of the possibility of recourse, in the event of a dispute, to a consumer mediation procedure.

BOHIN FRANCE adheres to the AME CONSO Mediator service, whose contact details are as follows: AME CONSO, 11, Place Dauphine – 75001 PARIS – http://www.mediationconso-ame.com

Before contacting the mediator designated above, the Client undertakes to address their complaint to BOHIN FRANCE's customer service at the contact details indicated in article 1 of these general conditions. In addition, BOHIN FRANCE informs the Client of the existence of the online dispute resolution platform set up by the European Commission, facilitating the independent, extrajudicial resolution of online disputes between consumers and professionals. This platform is accessible via this link.