General conditions of sale
ARTICLE 1: GENERAL STIPULATIONS
These general terms and conditions of sale are concluded between the company BOHIN FRANCE, 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 “Customer”) via the website https://bohin.com (hereinafter referred to as the “Site”).
BOHIN FRANCE and the Client will hereinafter be referred to together as the “Parties”.
These general conditions constitute a distance selling contract, defining the rights and obligations of BOHIN FRANCE and the Customer in the context of the sale of the products referenced on the Site (hereinafter referred to as the “Products”).
Customers are exclusively consumers, defined as natural persons acting for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity.
Professional customers can order through the dedicated professional platform https://www.bohin.com/professionnel. To do so, they are invited to submit an access request to BOHIN FRANCE in order to receive a username and password.
Placing an order via the Site implies the Customer's full and unreserved acceptance of these general terms and conditions, to the exclusion of all other documents such as prospectuses, promotional catalogs, descriptions of Products issued by BOHIN FRANCE which have only an indicative value. In this regard, validation of the order confirms the Customer's full and complete acceptance of these general terms and conditions.
These general terms and 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 be required to occasionally modify certain stipulations of its general terms and conditions of sale, therefore the Customer is advised to systematically reread these before each order validation. In any event, the general terms and conditions of sale are those applicable on the day of the Customer's order.
The fact that one of the Parties does not avail itself at a given time of one of these conditions cannot be interpreted as a waiver of the right to avail itself of any of the said conditions at a later date. The cancellation of a clause of these general conditions will not affect the validity of the general conditions as a whole. For any questions or complaints relating in particular to the Products, to its order, to the right of withdrawal, to the application of the Product warranty or to the Site, the Customer can contact BOHIN FRANCE at the following contact details:
By mail : BOHIN FRANCE 1 le Bourg 61300 Saint-Sulpice-sur-Risle
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, brands, images, videos) is the property of BOHIN FRANCE or is used with the authorization of the rights holders in question. Any reproduction in whole or in part, as well as the creation of hyperlinks, is prohibited, unless BOHIN FRANCE gives its express prior authorization.
ARTICLE 3: NAVIGATION ON THE SITE / CREATION AND USE OF THE CUSTOMER ACCOUNT / LOYALTY
3.1 Browsing the Site and viewing the Product presentation pages do not require any registration on the part of the Customer.
To be able to place an order on the Site, the Customer can:
- Create a personal account on the Site by completing the registration form provided for this purpose;
- Log in using your email address and the password you chose when your personal account was previously created.
3.2 The information provided by the Customer during registration must be accurate, complete and up-to-date. The Customer must, in particular, ensure that the email address provided during registration is valid and up-to-date. This address is considered a valid personal address to which all emails sent by BOHIN FRANCE in connection with the execution of these terms and conditions will be sent and will also be used as the Customer's login ID on the Site.
To create a personal account, the Customer must provide all mandatory information, which is marked with an asterisk. Failure to do so will result in the Customer's registration not being processed. In any event, the Customer is responsible for the information entered on the registration form. In the event of an error, BOHIN FRANCE cannot be held liable for any inaccuracies in the processing of the order resulting from the Customer's failures.
The Customer's email address and password are strictly personal and confidential, and the Customer is prohibited from disclosing them to a third party or transferring them. Any order placed using this username and password will be deemed to have been made by the Customer and will therefore bind the latter to BOHIN FRANCE. It is the Customer's responsibility to immediately inform BOHIN FRANCE in writing of any use of their email address and password made without their knowledge and of which they become aware.
ARTICLE 4: PRODUCTS
4.1 PRESENTATION OF PRODUCTS
The presentation of the Products offered by BOHIN FRANCE on the Site allows the Customer to know the essential characteristics of the Product he wishes to order. In any event, BOHIN FRANCE cannot be held liable for any changes or errors concerning the description of the characteristics of the Product purchased, unless the essential characteristics of the Product are affected.
The Products are new products.
4.2 AVAILABILITY OF PRODUCTS
The Products are offered for sale within the limits of available stocks. The availability of the Products is indicated during the selection of the Products, subject to possible synchronization errors in the BOHIN FRANCE computer system. In any event, the availability of the Products will be definitively validated upon confirmation of shipment of the order which will be sent to the Customer by email. In the event that one of the Products ordered is not available when the Customer's order is prepared, BOHIN FRANCE undertakes to contact the Customer as soon as possible to inform them within what timeframe this Product can be delivered, if applicable. If this delay is too long, the Customer may choose to cancel their order and the sums paid will then be refunded as soon as possible.
4.3 AVAILABILITY OF SPARE PARTS
When relevant given the nature of the Product, pursuant to Article L. 111-4 of the French Consumer Code, BOHIN FRANCE provides the Customer, on any suitable medium before the conclusion of the sale, with information on the period during which or the date until which the spare parts essential to the use of the Product are available on the market, provided that this information has actually been provided to it by the manufacturer or importer. This information, when provided by the manufacturer or importer, will be confirmed in writing when the Customer purchases the product.
ARTICLE 5: ORDERS
The Customer declares that they have the capacity to enter into this contract, i.e., that they are of legal age and not under guardianship or curatorship. The Customer will place an order in accordance with the instructions given on the Site. The information that the Customer provides to BOHIN FRANCE when placing an order and/or on their registration form must be complete, accurate and up-to-date. In any event, the Customer 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 liable for any failures or delays in the delivery of the Products.
The Customer's order will only be final upon actual payment of the corresponding price, as specified below in Article 6 of these terms and conditions. In other words, actual payment by the Customer formalizes in a firm and definitive manner the distance selling contract concluded with BOHIN FRANCE.
Once the order has been validated and paid, the Customer will receive an order confirmation by email, accompanied by the form for the possible exercise of the right of withdrawal. The order summary must be kept; it constitutes proof of the Customer's order and of 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 the delivery or even an abnormality of the quantities ordered with regard to the current needs of a consumer.
BOHIN FRANCE also reserves the right not to satisfy any request from the Customer that would be excessive or derogatory to common law and/or its general conditions or in the event of an ongoing dispute with the Customer, in particular in the event of non-payment by the Customer concerning previous orders placed via the Site or by any other means, these cases being considered as legitimate reasons. In such cases, BOHIN FRANCE cannot be held liable under any circumstances.
ARTICLE 6: PRICE AND PAYMENT
The Products are invoiced according to the current price list mentioned on the Site on the day of the order. Prices are indicated in euros and include all taxes, the applicable VAT being that in force at the time of invoicing. The prices indicated do not include the delivery costs of the Products, invoiced in addition and clearly indicated to the Customer before validation of the order, as well as any other possible additional costs, and in particular customs duties or other taxes which would be payable by the customer. 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 to which is added the possible price of transport.
BOHIN FRANCE reserves the right to modify its sales prices at any time. However, no modification after the order has been placed may be applied by BOHIN FRANCE. The price applicable to the Products ordered 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 may the amounts paid be considered as a deposit or down payment. Payment is made via the Site by credit card and Paypal (by being redirected to the site of BOHIN FRANCE's banking partner).
In any event, once the payment has been validated, the Customer then receives confirmation by email.
ARTICLE 7: DELIVERY / RECEIPT
7.1 DEADLINES
Product delivery times are given for information purposes only, unless BOHIN FRANCE expressly commits to firm dates and times in writing. In the event of a foreseeable delay in delivery, BOHIN FRANCE will inform the Customer as soon as possible by email and will provide an estimate of the additional delivery time. BOHIN FRANCE cannot be held responsible for any delay or failure to receive due to force majeure or fault on the part of the Customer, such as the absence of the latter at the time of delivery to the address indicated in the order.
In the absence of delivery within the expressly agreed period, or, failing that, no later than thirty (30) days after the conclusion of the contract, the Customer may formally notify BOHIN FRANCE, by registered letter with acknowledgment of receipt, to proceed with delivery within a reasonable additional period. In the absence of performance by BOHIN FRANCE within this new period, the Customer 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 meantime.
7.2 DELIVERY
The Products ordered by the Customer will be delivered to the address indicated by the Customer when ordering. BOHIN FRANCE cannot be held responsible in any event for delays and/or non-delivery due to a false or incorrect address or to which delivery proves impossible. Delivery is deemed to have been made by BOHIN FRANCE upon handover of the ordered Products in person, in the mailbox or upon collection from the Post Office. If the Customer is absent at the time of delivery and/or if it is impossible to leave the package in the mailbox, a delivery notice or any other document will be left and/or sent to the Customer. It will then be up to the Customer to follow the recommendations indicated to have their order delivered or collected.
7.3 RECEPTION
The Customer is required to ensure receipt of the Products ordered and agrees to sign, where applicable, the delivery slip for the Products. It is the Customer's responsibility to check the condition of the Products and their quantity upon receipt. Receipt and this verification are considered to have been completed as soon as the Customer, or a person authorized by him, has signed the delivery slip. In the event of a dispute, deterioration of the Product during transport, damage, shortage or delay, it is the Customer's responsibility to make clear and precise reservations on the delivery slip. The Customer must confirm these reservations to BOHIN FRANCE, by registered letter with acknowledgment of receipt, stating the reasons for the reservations, within three (3) days, not including public holidays, following receipt of the Products.
In accordance with Article L. 224-65 of the French Consumer Code, when the Customer personally takes delivery of the transported objects and when the carrier does not provide proof that it has given the Customer the opportunity to effectively check their good condition, the period mentioned above is extended to ten (10) days. In any event, complaints about apparent defects or non-conformity of the Product must be made to BOHIN FRANCE under the conditions set out in Article 10 of these general conditions.
ARTICLE 8: RIGHT OF WITHDRAWAL
8.1 EXISTENCE, ABSENCE OR LOSS OF THE RIGHT OF WITHDRAWAL
Pursuant to Article L. 221-18 of the Consumer Code, the Customer has a withdrawal period of fourteen (14) clear days from the date of receipt of the Products ordered (the day of receipt of the Products ordered is not counted in the period, the latter starting to run the following day. If this withdrawal period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the next working day).
However, Article L. 221-28 of the Consumer Code provides 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 others.
8.2 METHODS OF EXERCISING THE RIGHT OF WITHDRAWAL
To exercise his right of withdrawal, when the latter can be exercised, the Customer must, within the period of fourteen (14) days indicated above, send to BOHIN FRANCE, the standard form for exercising the right of withdrawal (in Appendix 1 of these conditions) or a declaration, free from ambiguity, expressing his wish to withdraw, to the address indicated in article 1 of these conditions.
In this context, the Customer must return the Product(s) at his/her sole expense, within fourteen (14) days of communicating his/her 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 costs of returning the Product(s) remain the responsibility of the Customer. The Customer is reminded that, in accordance with the provisions of Article L. 221-23 of the Consumer Code, his 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 CUSTOMER REIMBURSEMENT IN THE EVENT OF WITHDRAWAL
In the event of withdrawal by the Customer under the conditions set out above, BOHIN FRANCE undertakes to reimburse the Customer for all sums paid, including delivery costs, within fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw. However, BOHIN FRANCE is entitled to defer this reimbursement until the Products have been actually recovered or until the Customer has provided proof of their shipment, whichever comes first. BOHIN FRANCE will make this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the latter expressly agrees that BOHIN FRANCE may use another means of payment and provided that the reimbursement does not incur any costs. In any event, BOHIN FRANCE is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by BOHIN FRANCE. If the right of withdrawal is exercised for part of the order, no refund of the initial delivery costs will be due in the case of flat-rate delivery costs. Conversely, if the delivery costs depend on the number of Products ordered, the refund of the delivery costs will be made pro rata to the Products ordered which are the subject of the withdrawal.
ARTICLE 9: CUSTOMER OBLIGATIONS
The Customer undertakes to provide BOHIN FRANCE with all information necessary for the proper execution of orders. In this regard, the Customer remains responsible for the content and accuracy of the information they provide to BOHIN FRANCE.
The selection and use of the Products are the sole responsibility of the Customer. In this regard, the Customer is required to comply with any usage and maintenance instructions provided by BOHIN FRANCE. It is reminded that orders placed by Customers on the Site are for personal use only. Resale of the Products is prohibited without authorization from BOHIN FRANCE.
ARTICLE 10: LEGAL GUARANTEES / COMPLAINTS / RETURNS
10.1 LEGAL GUARANTEES
BOHIN FRANCE is liable for defects in conformity of the goods to the contract under the conditions of Article L. 217-4 et seq. of the Consumer Code and for hidden defects in the item sold under the conditions provided for in Articles 1641 et seq. of the Civil Code. In this regard, the Customer may make a request under the legal guarantee of conformity or the guarantee of defects in the item sold by sending his complaint to BOHIN FRANCE at the address indicated in Article 1 of these general conditions.
When acting under the legal guarantee of conformity, the Client:
- benefits from a period of two (2) years from delivery of the goods to act;
- may 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 exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between the cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. Certain Products sold by BOHIN FRANCE have a limited lifespan which essentially depends on the conditions of use of the Products by the Customers. Also, the 24-month period of the legal guarantee of conformity referred to 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 following delivery of the Product are presumed to exist at the time of delivery.
10.2 COMPLAINTS AND RETURNS
Except in the case where the claim is made under the legal guarantee of conformity, it is the Customer's responsibility to provide all justification as to the reality of the defects or anomalies noted. In any event, in the event of a claim, the Customer must give BOHIN FRANCE every facility to note these defects or anomalies. Subject to the possible exercise of the right of withdrawal, any return of a Product must be subject to express agreement from BOHIN FRANCE. The Products must be returned in perfect condition with all accessories possibly provided by BOHIN FRANCE. The return will give rise, as the case may be, to a replacement of the Products or a refund to the Customer, after qualitative and quantitative verification of the returned Products. The costs and risks of sending and returning will be borne by the Customer if the non-conformity is not proven.
ARTICLE 11: RESPONSIBILITY
BOHIN FRANCE cannot be held liable under any circumstances in the event of non-performance or poor performance of contractual obligations attributable to the Customer, in particular when entering their order and/or personal information.
BOHIN FRANCE shall not be held liable, or considered to have failed to comply with these terms and conditions, 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 case law. BOHIN FRANCE declines all liability, in particular, due to the choice and use of the Products by the Customer, for damage resulting from modifications made to the Products by the Customer, or for damage resulting from a failure by the Customer to follow the recommendations for use or maintenance of the Products. BOHIN FRANCE shall not be held liable for any damage, temporary or permanent, caused to the Customer's computer system, nor for any losses or damages that may be suffered, in particular as a result of accessing or browsing the Site. The transmission of data via the Internet may result in the appearance of errors and/or the fact that the Site is not always available. Consequently, BOHIN FRANCE shall not be held liable for the availability and interruption of the online service.
ARTICLE 12: PERSONAL DATA / COOKIES
As part of the Customer's use of the Site, BOHIN FRANCE collects and processes Customers' personal data in compliance with the provisions of French and European legislation applicable to the protection of personal data. In the interest of transparency, it is essential for BOHIN FRANCE that the Customer is informed of the practices for processing and protecting their personal data. The latter is therefore 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 Site. To learn more about the use of these trackers and to configure them, the Customer is invited to consult the BOHIN FRANCE Cookie Policy, accessible at the following address: https://boutique.bohin.com/pages/politique-de-confidentialite .
ARTICLE 13: OPPOSITION TO TELEPHONE CANVASSING
The Customer is informed by BOHIN FRANCE that he/she may register on a list to oppose telephone canvassing (Bloctel list). It is nevertheless specified that this registration does not prevent BOHIN FRANCE from contacting the Customer by telephone for the strict purposes of the execution of this contract.
ARTICLE 14: APPLICABLE LAW / DISPUTES / MEDIATION
These conditions and their consequences are subject to French law. The language of these conditions and of the relations between the Parties is French.
The Customer declares to have been previously informed by BOHIN FRANCE of the possibility of resorting, 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 Customer undertakes to send his complaint to BOHIN FRANCE customer service at the contact details indicated in article 1 of these general conditions. In addition, BOHIN FRANCE informs the Customer of the existence of the online dispute resolution platform set up by the European Commission and facilitating the independent, out-of-court settlement of online disputes between consumers and professionals. This platform is accessible via this link .
