- 'Website' : the website http://www.bobochicparis.com and all of its pages. - 'Products' : all products (materials) and services (intangible) that it is possible to buy, or to which it is possible to subscribe on the site. - 'Editor' : The person, legal or natural, responsible for the editing and content of the site, and presented in the legal notice of the website. - 'User' : The user visiting and using the site. - 'Client' : The user purchasing a product or service on the site.
ARTICLE 2 - information required BY THE ACT CONFIDENCE IN The DIGITAL ECONOMY, AND SUBJECT OF the SITE
This site is published by NEGOMARKETS .
The legal information of the hosting company and the editor of the site, including contact information and any information of capital, and registration, are provided in the legal notices of this site.
Information regarding the collection and processing of personal data (policy and reporting) are provided in the personal data of the site.
The site is open access and free to all internet users. The acquisition of a good or service, or the creation of a member area, or, more generally, the navigation on the website implies the acceptance, by the user, the entirety of these terms and conditions, which recognizes the same fact having read and understood the terms. This acceptance may consist for example, for the user, check the box corresponding to the sentence of acceptance of these general conditions, having, for example, the statement " I acknowledge that I have read and agreed to all terms and conditions of the site. ". Checking this check box will be deemed to have the same value as a handwritten signature on the part of the user.
The acceptance of these general terms and conditions implies on the part of users that they have the necessary legal capacity for this. If the user is a minor or does not have this legal capacity, he / she has the permission of a guardian, a curator or his legal representative.
The user recognizes the value of evidence of automatic recording systems of the publisher of this site, and except for him to bring any evidence to the contrary, it waives the right to contest in case of dispute.
ARTICLE 3 - CHARACTERISTICS OF THE PRODUCTS AND SERVICES OFFERED
The products and services offered are those listed in the catalog published on the site. These products and services are offered within the limit of stocks available. Each product is accompanied by a description established by the publisher based on the descriptions provided by the supplier. The photographs of the products in the catalog reflect a true picture of the products and services offered but are not binding to the extent that they cannot ensure a perfect similarity with the physical products.
The customer service of this site is accessible by e-mail to the following address : firstname.lastname@example.org or by postal mail to the address indicated in the imprint, in which case the publisher undertakes to provide a response within 7 days.
NEGOMARKETS also makes available to its users and customers, a hotline, or telephone support, to answer their questions. The helpline can be contacted by phone at xxxxxxxxxxx on business days between 8: 30 and 16: 00.
ARTICLE 4 - RATES
Unless otherwise stated, the prices listed in the catalog prices are agreed in Euros, all taxes included (TTC), taking into account the VAT applicable on the date of the order.
NEGOMARKETS reserves the right to pass on any change in the rate of VAT on the price of products or services. The editor also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order shall be applicable only to the buyer.
ARTICLE 5 - MEMBER'S AREA
The registered user of the site (member) has the ability to access it by logging in through their user id (email address defined during the registration and password), or possibly by using systems such as buttons connection third-party social networks. The user is fully responsible for safeguarding the password that he chose. It is encouraged to use complex passwords. In the event of a forgotten password, the member has the option of generating a new one. This password is the guarantee of the confidentiality of the information contained in the section "my account" and the user is therefore prohibited to transmit or communicate it to a third party. Failing that, the site editor will not be held responsible for unauthorized access to a user's account.
The creation of a personal space is a prerequisite to any order or member's contribution on this site. To this end, the member will be asked to provide certain personal information. The member agrees to provide truthful and accurate information.
The data collection for the purpose of creating a " member account ". This account allows the member to consult all its orders made on the website. If the data contained in the section of member's account were to disappear as a result of a technical failure or a case of force majeure, the responsibility of the site and its editor could not be undertaken, these information having no probative value but only an informative character. Pages relating to member accounts are freely printable by the account holder in question but do not constitute a proof, they have only an informative character intended to ensure an effective management of his orders or contributions by the member.
The publisher reserves the exclusive right to delete the account of any member who has violated these general terms and conditions (including but without that this example has any completeness, where the member has provided knowingly false information, when registering and the constitution of his personal space) or any account inactive since at least a year. Such removal will not be likely to constitute a damage for the excluded member who will not be entitled to any compensation as a result. This exclusion is not exclusive of the possibility, for the publisher, to initiate prosecution court order against the member, when the facts have warranted.
ARTICLE 6 - EXEMPTION from LIABILITY OF The PUBLISHER WITHIN THE FRAMEWORK OF The EXECUTION OF THIS CONTRACT
In case of impossibility to access the site because of technical problems or of all kinds, the user can not claim injury and will not be entitled to any compensation. The unavailability, even prolonged period without limitation, one or more products, cannot be constitutive of injury to users and can in no way give rise to the award of damages and interest on the part of the website or its editor. The photographs and visual of the products presented on the site have no contractual character, the responsibility of the publisher of this site cannot therefore be held liable if the characteristics of different visual objects on the site, or if they are inaccurate or incomplete.
The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site cannot be held responsible for the content of these sites violates the laws in force. Similarly, the responsibility of the publisher of this site cannot be held liable if the visit by the user of one of these sites, caused him harm.
ARTICLE 7 - GEOGRAPHICAL LIMITATION Of USE
The use of the website services is limited to metropolitan France
ARTICLE 8 - INTELLECTUAL PROPERTY RIGHTS RELATING TO ELEMENTS PUBLISHED ON THIS SITE
All elements of this site belong to the publisher or to a third party agent, or are used by the publisher on the website with the permission of their owner. Any copying logos, text content, pictographic or video, without that this enumeration not being exhaustive, is strictly forbidden and is akin to counterfeiting. Any member who is found guilty of infringement would likely see its account deleted without notice or compensation and without this deletion can be constitutive of injury, without reservation, any legal proceedings subsequent to his arrest, at the initiative of the editor of this site or its representative.
ARTICLE 9 - CONTRIBUTION OF USERS TO THE CONTENT OF THE SITE
Users are offered the option of contributing to the content of this website, by the publication of comments.
Contributors are informed that the editor of the site, represented where appropriate by the moderators, can choose to publish the article in question on the newsletters on this site and on the sites of all its partners, to charge for the editor to cite the pseudonym of the author of the contribution. The author then gives up its rights on the content of contributions, for the benefit of the editor of the site, for any distribution or use, even commercial, on the internet support, this, of course, always respecting the authorship of the author.
ARTICLE 10 - TRADEMARKS
The trademarks and logos contained in the site are deposited by NEGOMARKETS, or possibly by one of its partners. Any person making representations, reproduction, nesting, distribution and redistribution incurs the penalties laid down by law.
ARTICLE 11 - LIMITATION OF LIABILITY
The liability of the site editor will not be held liable for damages resulting from the use of the Internet network such as data loss, intrusion, virus, rupture of service of the site, or other.
The editor of the site, including in the process of selling online is only bound by an obligation of means.
The editor of the site NEGOMARKETS cannot be held responsible for the inexecution of the contract concluded, due to the occurrence of an event of force majeure. Regarding the products purchased, the publisher shall not incur any responsibility for all consequential damages because of present, trading loss, loss of profit, damage or expenses which may arise. The choice and purchase of a product or a service are under the sole responsibility of the customer. The total or partial impossibility of using products notably because of incompatibility of material can give place to no compensation, refunding or blamed of the responsibility of the publisher, except in the case of a hidden defect found, non-conformity, defect or exercise the right of withdrawal if applicable, that is to say, if the client is not a professional and that the contract to acquire the good or service allows the withdrawal, according to the articles of book VI of the Code of economic law. In the case of non-delivery of an order or part of an order, the customer has 60 days from the date of delivery to manifest itself in order to cancel the order automatically by sending a registered letter with acknowledgement of receipt. Beyond this period, no claim will be accepted.
The user expressly accepts that he uses the website at his own risk and on his exclusive responsibility. The site provides the user with information indicative, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, NEGOMARKETS shall in no case be held responsible for :
- any direct or indirect damage, including loss of profits, loss of earnings, loss of clientele, of data which could amongst others result from use of the site, or, on the contrary, the impossibility of its use ; - for a malfunction, unavailability of access, misuse, improper configuration of the computer of the user, or from the use of a browser rarely used by the user ; - the content of advertisements and other links or external sources accessible by the user from the site.
ARTICLE 12 - ACCESS TO THE SITE
The liability of the site editor will not be committed because of a technical unavailability of the connection, that it is due in particular to a case of force majeure, a maintenance, an updating, a modification of the site, an intervention of the host, in a strike that is internal or external, to a network outage, a power failure, or a misconfiguration or use of the computer of the user.
ARTICLE 13 - ACCOUNT CLOSURE
Each user is free to close his account on the site. For this, the member must send an e-mail message to the site indicating that it wants to delete his account. No recovery of its data will then be possible.
ARTICLE 14 - APPLICABLE LAW AND MEDIATION
These terms and conditions are subject to French law. They may be changed at any time by the site editor or his representative. The terms and conditions applicable to the user are those in force on the day of his order or his connection on the present site. The editor undertakes to keep all its former general conditions and send them to any user who would request it.
Unless law and order provisions, all disputes that might arise in the course of the execution of the present terms and conditions before any legal action, will be subject to the discretion of the editor of the site in view of an amicable settlement. It is expressly stated that requests for amicable settlement do not suspend the time limits allowed for instituting legal proceedings. Except as otherwise provided, public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of appeal input.
A "Cookie" allows the identification of the user of a website, the customization of its consultation of the site and the acceleration of the display of the site by recording a data file on his computer. The site may use "Cookies" primarily to (1) obtain statistics of navigation to enhance the User experience, and (2) to allow access to a member account and to content that is not accessible without a login.
The User acknowledges having been informed of this practice and authorise the editor of the site to use. The publisher undertakes to never communicate the content of these "Cookies" to third parties, except in case of requisition legal. The User may refuse the registration of "Cookies" or configure his browser to be warned before accepting the " Cookies ". To do this, the User will proceed to the setting of his browser :
- For Internet Explorer : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies - For Safari : https://support.apple.com/fr-fr/ht1677 - For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on - For Firefox : https://support.mozilla.org/fr/kb/activer-desactiver-cookies - For Opera : http://help.opera.com/Windows/10.20/fr/cookies.html
ARTICLE 16 - terms OF SUBSCRIPTION ORDERS AND DESCRIPTION OF the PURCHASE PROCESS
We will define below as a "Basket" the intangible object comprising the set of goods or services selected by the user of the site for a purchase, clicking on these objects. As soon as the user considers to have selected and added it to his shopping cart all items he wants to buy, he will have the opportunity to validate his / her order, to access their basket by clicking on the button provided for this purpose. It will then be redirected to a summary page on which it will be read or where it will be communicated on the number and characteristics of the products ordered, as well as the price per unit.
If he wishes to validate his / her order, the user must check the box on the ratification of the present general conditions of sale and click on the validation button. The user will then be redirected on a page where he must fill the fields of the order form. It must in this case learn a number of the personal data, necessary for the proper conduct of the order. Once the user has completed the form, it will then be prompted to make the payment with the payment methods listed in the section of these general terms and conditions related to payments. After a few moments the user will be sent an email confirmation of the command, reminding him of the contents of the order and the price of it.
The products and articles sold remain the property of the seller until full payment of their price, in accordance with the present clause of reserve of property.
ARTICLE 17 - INFORMATION RELATING TO THE PAYMENT
The user can place an order on this site and may make his payment by credit card or wire transfer. Credit card payments are done through secure transactions provided by a provider of payment platform online.
This site has access to any data relating to means of payment from the user. The payment is made directly into the hands of the bank or the payment service provider receiving the Customer's payment. In the case of payment by cheque or bank transfer, the delivery time defined in the article below do not begin to run from the date of actual receipt of payment by the seller, the seller can provide proof of it by all means. The availability of products is indicated on the site or in the descriptive sheet of each article.
ARTICLE 18 - DELIVERY OR PROVISION
Delivery charges, if any, will be indicated to the customer before any regulation and concern only deliveries in France metropolitan. For any other place of delivery, it is up to the customer to make contact with the customer service..
Unless otherwise posted on the website during the order process or in the description of products ordered, the publisher undertakes to deliver the products within a maximum period of 30 days after receipt of the order.
The buyer can refuse a package at the time of delivery if there is an anomaly concerning the delivery (damage, missing product compared the delivery order, damaged parcel, broken products...) ; any anomaly must be indicated by the buyer on the delivery form of handwritten reserves, accompanied by the signature of the buyer. To exercise its right of refusal, the buyer shall open the package or packages damaged or defective in the presence of the carrier and make him take back the goods deteriorated. Failure to comply with these requirements, the buyer may not exercise its right of refusal, and the company NEGOMARKETS will not be required to grant the request to exercise the right of refusal of the buyer.
If the parcel is returned to the publisher by carrier, the publisher will contact the buyer upon receipt of the parcel in return to ask him later to give his order. If the buyer refused by mistake the package, it may request the referral by paying the pre-payment of the transport costs for the new shipment. Transport charges must be paid even for orders whose shipping costs were offered at the command.
In case of error of delivery or exchange (if the right of withdrawal is applicable according to article 53 of book VI of the Code of economic law), any product for exchange or refund must be returned to the company NEGOMARKETS in its entirety and in perfect condition and perfectly packed and protected. Any defect resulting from clumsiness or a false maneuver of the buyer will not be charged to the company NEGOMARKETS.
The consumer has a period of 14 working days from the date of delivery of his order to return any item does not suit him and ask exchange or refund without penalty, except for return costs, within fourteen days of the receipt by NEGOMARKETS of the refund request. The product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. It will be perfectly packed and protected. If the above obligations are not performed, the buyer will lose his right of withdrawal and the product will be returned at his expense.
It is recommended to the buyer to make the return with a solution for tracking of the package. In the opposite case, if the returned package does not succeed in the company NEGOMARKETS, it will not be possible to launch an investigation with the transport company to ask them to locate it.
The costs of return in case of withdrawal are the responsibility of the buyer.
After receipt and acceptance of the complaint, the company NEGOMARKETS communicate by email, by fax or by telephone to the purchaser the terms and conditions of the exchange or refund of the products. In order to properly process the request, the customer is asked to attach a copy of the invoice at the time of any claim. The refund will be made by bank transfer.
Any delay in delivery exceed seven working days may result in cancellation of the sale initiated by the consumer, upon written request by registered letter with acknowledgement of receipt. The consumer will then be refunded, within a maximum period of fourteen days, of the sums that it has incurred when placing the order. This clause was not intended to apply if the delivery delay is due to a case of force majeure. In such cases, the client agrees not to pursue prosecution against the site and its editor and waives the cancellation of the sale provided for in this article.
ARTICLE 19 - WARRANTY OF THE PRODUCTS PURCHASED ON THIS SITE
Warranty all customers The seller must deliver goods in conformity with the contract and to answer for the defects of conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a default had to exist on the day of the taking of possession of the product, and the seller shall be liable for any lack of conformity which become visible in a period of two years from that date. When the fault is appeared in the 6 months following this date, it is presumed to have been present from the time of delivery of the property. On the other hand, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time of the taking possession of the property. Warranty against hidden defects The customer may request the exercise of the warranty against hidden defects if the defects presented were not included in the purchase, were prior to the purchase (and therefore does not result from the normal wear of the product, for example), and be sufficiently serious (the default should either make the product unfit for the use for which it was intended, or decrease this use to such an extent that the buyer would not have purchased the product or would not have purchased at such a price if he had known the default). The products supplied by the seller on this site have, in addition to the legal warranty is, if any, still applicable, a guarantee specific to the site and provided by NEGOMARKETS , to the following conditions : The action resulting from the defect of conformity is prescribed by ten (10) years from the date of delivery of the product. It is total for the first 5 years, and will be degressive pro rata to the value of 20 % per year over the next 5 years. The warranty covers defects from the manufacture, structure and physical changes whose mark exceeds 5 cm layer of viscoelastic foam of the mattress. It is, of course, that it applies only in the framework of a normal use of the product. The warranty covers neither the increase nor the decrease of the thickness or the change of any other characteristic of the mattress caused by the natural wear and tear. It applies, however, in the event of a collapse or other abnormal deformation, premature. The purchaser must provide the invoice of the mattress to be able to take advantage of the warranty. For any information, it is invited to send photographs of the defect referred to by e-mail at the address email@example.com Attention : the ambient temperature during the manufacture of the mattress, and during its decompression, the thickness thereof can vary from 10% and size 5%, relative to the sizes advertised. In case of lack of conformity, the customer may request the replacement or repair of the product, at its option. However, if the cost of the customer's choice is manifestly disproportionate to the other viable option, given the value of the product or the importance of the defect, the seller shall have the right to a refund, without following the option chosen by the customer. In the case where a replacement or repair would be impossible, the seller agrees to refund the purchase price of the product within 30 days of receipt of the returned product and in exchange for the return of the product by the customer to the address of the registered office of the seller.
Claims, requests for exchange or refund for a non-compliant product must be made by postal mail or by e-mail to the addresses indicated in the legal notices of the site, within the period of thirty days from the date of delivery (this time period does not apply in case of hidden defects, as stipulated previously). The postage costs of returning the goods are at the buyer's expense. In the case of non-compliance of the delivered product, it shall be returned to seller who will replace it. In case of impossibility of exchange of the product (product out of date, out of stock, etc) the buyer will be refunded by cheque or bank transfer the amount of the order.
ARTICLE 20 - ARCHIVE
NEGOMARKETS archive purchase orders and invoices on a reliable and durable support constituting a copy faithful in accordance with the provisions of article 1348 of the civil Code. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions intervened between the parties.
ARTICLE 21 - SUPERVISION OF THE CONDITIONS
If any provision of these Terms and conditions is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. These terms and conditions describe the entire agreement between the user and the internet site. They supersede all prior or contemporaneous agreements whether written or oral. The general terms and conditions are not assignable, transferable or sub-licensable by the user himself.
A printed version of the terms and Conditions and of any notice given in electronic form shall be requested in judicial or administrative proceedings in connection with the general terms and conditions. The parties agree that all correspondence relating to these terms and conditions must be written in the French language.
ARTICLE 22 - NOTIFICATIONS
Any notice or notices concerning these terms and conditions, the legal notice or the charter of personal data must be made in writing and shall be delivered by hand, registered or certified mail, see mailing an e-mail service recognised at a national level that allows you to regularly monitor its packages, or by mail to the addresses indicated in the legal notice of the website, stating your full names, contact details and the subject of the notice.
ARTICLE 23 - CLAIMS
Any claim related to the use of the website, the services offered on this site, or any other service related to, the site pages on social networking potential, or the general conditions, legal mentions, or charter of personal data must be filed within 365 days of the date of origin of the problem source of a claim, and that regardless of any statute or rule of law to the contrary. In the case where such claim would not have been filed within 365 days of, any such claim will be forever unenforceable in court.
ARTICLE 24 - INACCURACIES
It may be possible that, in the whole of the website and the services offered, and to a limited extent, inaccuracies or errors, or information that are in disagreement with the general conditions, the legal notice or the charter of personal data. In addition, it is possible that unauthorized alterations could be made by third parties on the site or on ancillary services (social networks...). We do everything we can to ensure that this type of deviations to be corrected.
In the case where such a situation would elude us, please contact us by postal mail or by e-mail to the addresses indicated in the imprint of the website with, if possible, a description of the error and the location (URL), as well as information sufficient to enable us to contact you. For requests on copyright, please refer to the section on intellectual property.
ARTICLE 25 - WITHDRAWAL FORM
In accordance with article 53 of book VI of the Code of economic law, the Customer can find below a form type of withdrawal for an order placed on the site, to contact NEGOMARKETS by registered mail with acknowledgement of receipt. It is understood that the client shall bear the costs of returning the goods in case of withdrawal, as well as the cost of returning the goods if, by reason of its nature, cannot normally be returned by post, and that this withdrawal may take place only in the conditions of rétractations stipulated in the present general conditions of sale.
Has the attention of NEGOMARKETS, 73 Rue du Rocher 75008 Paris E-mail : firstname.lastname@example.org
Last name, first name and Address of the Client :
Date of mail :
Subject : Withdrawal
Dear Madam, Dear Sir,
I want to enjoy my right of withdrawal provided for by article 53 of book VI of the Code of economic law, on the contract for the order placed with your company on the internet site http://www.bobochicparis.com and on the following property :
Date of order :
Total amount including all taxes :
Counting on you for your complete cooperation, Please accept Madam, Sir, my sincere greetings.
ARTICLE 26-JURISDICTION AND APPLICABLE LAW
Of express agreement between the parties, these general conditions of sale are governed by/and subject to French law. They are written in the French language. In the case where they are translated into one or several languages, only the French text would prevail in case of dispute.
In the event of a dispute between the Seller and the Customer, the parties expressly undertake to seek an amicable solution before any judicial procedure.