Legal Notice and General Conditions of Sale
TERMS OF SALES
As of June 1, 2010 Governed by article L441-6 of the commercial code and in accordancewith article L111-1 of the consumer code
Article 1: APPLICATIONS OF THE CONDITIONS
The Seller is defined below as being www.bomoi.fr, site published by the company BOMOÏ, whose head office is located at: 35, rue Victor Lassalle 49440 Candé n° SIREN 528 229 008. The Buyer is defined here below as being any natural or legal person, company, business, association, individuals using the site www.bomoi.fr signatory and accepting these general conditions of sale. The general conditions of sale apply exclusively to all sales concluded by www.bomoi.fr both for its own account and for that of its principals. All other conditions are binding on the Seller only after written confirmation from him. The information given on the site www.bomoi.fr for catalogs, photographs, price list, notes, etc. are given for information only and may, as such, be modified by the Seller without notice. The mere fact of placing an order or accepting an offer from the Seller implies the unreserved acceptance of these general conditions of sale. These general conditions of sale may be modified at any time and without notice by www.bomoi.fr, the modifications then being applicable to all subsequent orders. www.bomoi.fr may be required to modify certain provisions of its general conditions of sale from time to time, so we imperatively advise the Buyer that they be reread before each validation of the order. The Buyer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions of sale does not require the handwritten or electronic signature of this document, insofar as the Buyer wishes to order the products presented within the framework of the online store www.bomoi.fr. The Buyer is deemed to accept without reservation all the provisions provided for in these general conditions of sale.
Article 2 : ORDERS
Offers are valid within the limits of available stocks from our suppliers. In the event of an estimate, the offer will remain valid for seven clear days unless otherwise stipulated on it. French is the only language offered for the conclusion of the order. We take the greatest care in putting essential information and characteristics on the products online, thanks in particular to the technical descriptions emanating from our various partner suppliers and photographs illustrating the products. The information and photographs contained on the site are not contractual and may contain errors.
2-1 : DESCRIPTION OF PRODUCTS
The essential characteristics of the products are indicated in the product sheet, generally containing a photograph of the product and indicating its particularities. The photographs illustrating, in support of the text, the products do not enter into the contractual field. If errors are introduced, in no case the responsibility of www.bomoi.fr can not be engaged. The detailed product sheet is the only contractual source. Our suppliers may change the technical composition of the products without notice.www.bomoi.fr is at any time entitled to update, improve its technical data sheets or withdraw its products and/or peripheral products from sale.
2-2 : PRODUCT AVAILABILITY
In the event of unavailability of a product ordered, www.bomoi.fr can provide a product of equivalent quality and price. Our offers are valid subject to availability from our suppliers. We undertake to inform you by e-mail within eight clear days and to indicate a waiting period for receipt of this product in the event of availability after placing your order. In the event of partial unavailability of the products, www.bomoi.fr may have to split the order. Thus the available products can be sent when all the other products are available. In case of unavailability of a product ordered, in particular because of our suppliers, the Buyer will be informed as soon as possible and will have the possibility of canceling his order. The Buyer will then have the choice of requesting reimbursement of the sums paid within 30 days at the latest of their payment, by check, or of waiting for the availability and delivery of the products.
2-3 : STEPS TO CONCLUDE THE ORDER
During the first order on www.bomoi.fr any new Buyer must create a “customer account”. An identifier or “login” and a password of at least six alphanumeric characters will be requested. During each order validation, you will be directed to your account via a secure connection recalling the content of your order. Your order will only be definitively registered after information of the various information and final validation. When you save the order by selecting a method of payment, the sale is deemed concluded. The validation of the Buyer under the order constitutes an electronic signature which has the value, between the parties, of a handwritten signature. Law n° 2000-230 of March 13, 2000 adapting the law of evidence to information technologies and relating to the electronic signature, article 1316-1 of the civil code, relating to the electronic signature. www.bomoi.fr reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute relating to the payment of a previous order.
2-4 : CANCELLATION OF THE ORDER
The order placed on our site www.bomoi.fr is automatically canceled if payment is not received within 8 clear days. From the moment the Buyer has validated his order, he is considered to have accepted knowingly and acceptance without restrictions or reservations to these general conditions of sale. The prices, volumes and quantities of the products offered for sale and ordered. The Buyer’s order must be confirmed by www.bomoi.fr by sending an e-mail. The sale will not be considered final after the sending of this confirmation email and receipt of the full price. www.bomoi.fr recommends that the Buyer keep this information in a paper or electronic document.
Article 3 : PRICE
The prices appearing on the site www.bomoi.fr are indicated in euros (€), excluding delivery costs and any technical costs which will be indicated before the validation of the order. The prices appearing on your order after its validation and registration are firm and definitive. If the prices drop after your order, we will not be able to compensate you for the difference. If prices increase, we undertake to deliver to you at the price set on the day of the order. The prices are expressed inclusive of VAT. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The collection of the entire amount of the order will be made at the time of validation of the order or in the event of payment by check or transfer, upon receipt.
Article 4 : DELIVERY
The products are delivered to the address indicated by the Buyer when ordering. He must verify the completeness and conformity of the information he has provided. Our delivery times are indicated in working days as an indication and are to be considered once the order has been validated. A delay in delivery cannot under any circumstances give rise to any compensation or penalty whatsoever. We invite you to notify us of any delay in delivery of more than seven days so that we can start an investigation with the carrier. Investigation times can vary from one to three weeks, depending on the carrier. If during the investigation period, the package is found, it will be sent immediately to your place of delivery. During this period of investigation, no refund, credit or return of replacement goods can be made. By express agreement, a case of force majeure preventing delivery cannot be attributed to www.bomoi.fr. Are considered as cases of force majeure or exceptional events by law LOCK-OUT, strike, total or partial work stoppage at www.bomoi.fr or at its suppliers or service providers, epidemic, war, requisition, fire, flood , interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, etc. the Seller is released from all liability upon delivery. The seller will keep the Buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only take place if the Buyer is up to date with his obligations to the Seller, whatever the cause.
Article 5 : TRANSPORT
Unless expressly agreed otherwise, www.bomoi.fr freely chooses the carrier. www.bomoi.fr bears the risks associated with transport until delivery, that is to say until the physical delivery of the goods to the recipient indicated at the time of the order or to his representative who accepts it, provided that the Buyer checks the goods upon receipt in the presence of the carrier and indicates, if necessary, in writing on the transport voucher or consignment note, the reservations observed according to the procedure below. By exception, the risks and perils of transport, in particular loss, deterioration or theft, are the responsibility of the Buyer if the latter is a professional. You must refuse delivery if the package or the goods are damaged, missing or if the package has been opened or repackaged. In the event of loss or damage, you must issue precise and detailed written reservations on the carrier’s travel voucher or consignment note in the presence of the carrier or its employee (Reservations of the style “subject to unpacking control” n ‘on no value). You must then send the carrier a registered letter with acknowledgment of receipt containing the reservations within three clear days of delivery. In order to help you in these steps, we invite you to contact us via the Contact page of the site: www.bomoi.fr. The goods accepted without reservations by the Buyer at the time of delivery and/or in the absence of mail sent to the carrier within three clear days, are deemed to have arrived in good condition and in their entirety. No complaint can be supported by www.bomoi.fr and its responsibility cannot be engaged. For any questions or difficulties you may encounter, we invite you to contact us via our Contact page.
Article 6 : COMPLAINTS, GUARANTEES, RETURNS
For any complaint, we invite you to contact us by going to the Contact page of our website www.bomoi.fr. All claims relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous references in relation to the accepted offer or the confirmation of the order by the Seller, must be made to the Seller by registered mail with acknowledgment of receipt. within 48 hours of receipt of the goods, without neglecting if necessary and in accordance with article 5 of these general conditions of sale, recourse against the carrier, failing which the Buyer’s right of complaint will cease to be acquired. Any return of goods requires the prior agreement of www.bomoi.fr which can be obtained via the Contact page. In the absence of a return agreement, the goods will be returned to you, at your expense, risk and peril, all transport, storage and handling costs being at your expense. The Buyer has, after obtaining the return agreement, a period of five clear days to return the defective goods to www.bomoi.fr. The goods must be returned imperatively with a copy of the invoice. All defective products must be returned in their original packaging, include the entire product and its accessories accompanied by all the documents, warranty card (not completed), notices, etc. Any incomplete, damaged, damaged products and/or the original packaging will have been damaged, will not be taken back, exchanged or refunded. In accordance with Article 4 of Decree No. 78-464 of March 24, 1978 pursuant to Article 35 of Law 78-23 of January 10, 1978 relating to the fight against abusive clauses on the protection and information of consumers of products and services the provisions hereof cannot deprive the Buyer of the legal guarantee which obliges the Seller to guarantee him against the consequences of latent defects of the thing sold. The Buyer is expressly informed that www.bomoi.fr is not the producer of the products presented within the framework of its site, within the meaning of Law L98-389 of May 19, 1998 and relating to liability for defective products. . Consequently, in the event of damage caused to a person or property by a defect in the product, only the responsibility of the manufacturer of the latter may be sought by the Buyer. The goods that we market as a reseller follow the manufacturer’s warranty system that we undertake to respect after the latter’s agreement. The fact of a complaint in no way releases the Buyer from his obligations to pay the invoice within the agreed deadlines. Reimbursement or possible credits are established upon receipt of the goods for which the dispute has been duly noted and accepted by www.bomoi.fr The costs incurred for the return of the goods for any reason whatsoever are the sole responsibility of the Buyer. No postage due returns will be accepted. Products made according to the specifications of the buyer or personalized, marking, drawing, embroidery or any goods falling within the scope of article L121-20-2 modified by ordinance n ° 2005-648 of June 6, 2005 – art. 1 JORF June 7, 2005 in force on December 1, 2005 of the Consumer Code, will not be taken back, exchanged or refunded. No complaint can give right to any indemnity or penalty whatsoever.
Article 7 : FACULTY OF WITHDRAWAL, RESERVED FOR INDIVIDUALS
Under the conditions provided for by articles Article L121-20 et seq., amended by Law No. 2005-841 of July 26, 2005 – art. 3 JORF July 27, 2005 of the Consumer Code and in the context of distance selling, the Buyer has a withdrawal period of seven clear days. The period mentioned runs from receipt for the goods or acceptance of the offer for the provision of services. When the seven-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day. The Buyer must return the goods in their original condition and packaging. Any return of goods requires an authorization which can be obtained free of charge via the Contact page of our site. The return of the goods is carried out at the expense, risk and peril of the Buyer. However, it should be noted that the right of withdrawal may in no case be exercised for the products defined within the framework of the application of Article L121-20-2 modified by ordinance n ° 2005- 648 of June 6, 2005 – art. 1 JORF June 7, 2005 in force on December 1, 2005 of the Consumer Code. This right of withdrawal is exercised without penalty, with the exception of return costs, as indicated above. In the event of the exercise of the right of withdrawal, the Buyer has the choice of requesting either the reimbursement of the sums paid, or the exchange of the products. In the case of an exchange, the reshipment will be at the Buyer’s expense. In the event of exercise of the right of withdrawal www.bomoi.fr will make all the necessary efforts to reimburse the Buyer within 15 days by check. No right of withdrawal can give right to any compensation or penalty whatsoever. The right of withdrawal is exclusively reserved for individuals, it can in no way apply to a professional or to a holder of a SIREN Number, in accordance with the law in force.
Article 8 : RETENTION OF OWNERSHIP
Pursuant to Law No. 80-335 of May 12, 1980 relating to the effects of retention of title clauses in sales contracts, the goods that will be delivered and invoiced to the Buyer will remain the property of www.bomoi.fr until upon full payment of their price. Failure to pay may result in the claim of the goods by www.bomoi.fr, the restitution being immediate and the goods delivered at the Buyer’s expense, risk and peril. During the period from delivery to transfer of ownership, the risk of loss, theft or destruction, as well as any damage that the Buyer may cause remain at his expense. The Buyer undertakes, in the event of a receivership procedure affecting his company, to actively participate in the establishment of an inventory of the goods in his stocks and of which the Seller claims ownership. Failing this, the Seller will have the option of having the inventory recorded by a bailiff at the Buyer’s expense. The seller may prohibit the Buyer from reselling, processing or incorporating the goods in the event of late payment. If the goods are sold in the meantime, it is up to the Buyer to transfer the debt to us and if settlements on these debts are made, they must be sent to us with receipts. To guarantee payments not yet made and in particular the balance of the account of the Buyer in the writings of the seller, it is expressly stipulated that the right relating to the goods delivered but unpaid will refer to the identical goods from the Seller in stock at the ‘Buyer, without the need to allocate payments to a specific sale or delivery.
Article 9 : CANCELLATION CLAUSE
In the event of non-compliance with one of the Buyer’s obligations by the latter, the sale may be terminated automatically and the goods returned to the Seller if it sees fit, without prejudice to any damages that the Seller may enforce against the Buyer, within 48 hours after the formal notice has remained without effect. In this case, the Seller is authorized to claim from the Buyer a lump sum compensation of 10% of the amount of the sale.
Article 10 : PAYMENT
Any payment paid to www.bomoi.fr cannot be considered as a deposit or a deposit.
10.1 : PAYMENT METHODS
Payments must be made in such a way that the Seller can dispose of the sums on the due date appearing on the invoice. Payment is made, unless otherwise stipulated on the website www.bomoi.fr or granted to companies after study of their file, when ordering: – By credit card (with a validity of at least one month for a cash payment and six months in the event of split payment). Banking information is entered via a secure server to guarantee the security and confidentiality of the information provided during the banking transaction. – By check (issued by a bank domiciled in metropolitan France). The check must be sent to the order of BOMOÏ at the following address: 35, rue Victor Lassalles 49440 Candé. It must be accompanied by a copy of the email acknowledging receipt of your order. The check must be in the name of the person who placed the order. Failing this, he must mention the order number and the customer number on the back of the check. It will be cashed upon receipt. Your order will be processed from the date of receipt. – By bank transfer, to the coordinates that have been given to you. The costs are borne by the Buyer. www.bomoi.fr reserves the right to ask you for a bank check in the event that the sums involved are significant. In the event that the Seller accepts payment by draft, the Buyer must return it accepted and domiciled within eight clear days. The costs are the responsibility of the Buyer, in the absence of return of the accepted draft within the period mentioned, the payment will become immediately due.
10.2 : LATE PAYMENT
Any payment after the fixed payment date may give rise to the invoicing of penalties. The amount of these penalties will be equivalent to the legal interest rate applied by the European Central Bank (ECB). Penalties are payable without any reminder being necessary. They run automatically from the day following the date of payment shown on the invoice or, failing that, the thirty-first day following the date of receipt of the goods or the performance of the service. The Buyer may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him, nor operate compensation. When the Buyer is in arrears with total or partial payment of a due date, the Seller may, for this sole reason and without the need for prior formal notice, immediately suspend deliveries, without the The Buyer cannot claim damages from the Seller. In the event of litigation, the seller is entitled to claim reimbursement from the Buyer for costs of any kind related to the prosecution. (*) Decree No. 2010-127 of February 10, 2010.
10.3 : SUPPORTING DOCUMENTS
For reasons of limitation of fraud, www.bomoi.fr reserves the right to accept an order to ask you to justify your identity and place of residence, and the means of payment used. In this case, your order will be processed upon receipt of these documents. We reserve the right to cancel your order in the absence of receipt of these supporting documents or receipt of supporting documents deemed non-compliant.
Article 11 : INTELLECTUAL PROPERTY
All elements of the site www.bomoi.fr whether visual or sound, texts, layouts, illustrations, photographs, documents and other elements, including the underlying technology, are protected by copyright, trademarks and patents. They are the exclusive property of www.bomoi.fr. Any copy, adaptation, translation, representation or modification of all or part of the site is strictly prohibited without the prior written consent of www.bomoi.fr. Any reproduction, even partial, of the elements of the site www.bomoi.fr without the written agreement of our part is prohibited, in accordance with the law n ° 57-298 of March 11, 1957 on the literary and artistic property and Modified by the LAW no. 2009-669 of June 12, 2009 – art. 21 of the Intellectual Property Code. Except in the cases provided for by article L122-5 of the said code and would constitute an infringement punishable by the Penal Code.
Article 12 : IT AND FREEDOMS
The information requested from the Buyer is necessary for the processing of his order and may be communicated to the contractual partner suppliers of www.bomoi.fr involved in the execution of this order. Through us, you may receive commercial offers from other partner companies. If you do not wish to receive them, simply contact us on our Contact page, to oppose such communication, or to exercise your rights with regard to the information concerning you and appearing in the files of www.bomoi.fr. Pursuant to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, consolidated version of May 14, 2009, you have opposition rights (article 26), access rights (articles 34 to 38) and rights of rectification (article 36) of data concerning you. Thus, you can demand that information concerning you be rectified, completed, clarified, updated or deleted if it is inaccurate, incomplete, ambiguous, outdated or whose collection or use, communication or storage is prohibited. If you wish to use this right, simply write to us on our Contact page.
Article 13 : COMPUTER PROBLEMS
The buyer knows the characteristics of the Internet computer network and in particular the possibility of interruption of the link, server breakdowns, electrical or other problems (the list is not exhaustive) www.bomoi.fr cannot be held responsible for the consequences of such events and shall be released from any obligation towards the Buyer. No complaint can give right to any indemnity or penalty whatsoever.
Article 14 : PARTIAL NON-VALIDATION
If one or more stipulations of these general conditions of sale are held to be invalid or declared as such pursuant to a law, decree, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
Article 15 : APPLICABLE LAW
These general conditions of sale are subject to French law. The application of the Vienna Convention on the international sale of goods is expressly excluded. The registers and computerized files of www.bomoi.fr will be considered by the parties as proof of communications, orders, payments and transactions between the parties, unless there is proof to the contrary. All differences relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement will be submitted to the French courts. The fact for www.bomoi.fr not to avail itself at a given time of one of the clauses of these general conditions of sale, cannot be considered as denunciation to avail itself later of these same clauses.
Article 16 :JURISDICTION CLAUSE
For all disputes and disputes, whatever their nature or cause, only the courts of Angers will have jurisdiction, even in the event of summary proceedings, warranty claims or multiple defenders. Acceptances, bills of exchange, mandates, shipping conditions do not bring about novation or derogation from this clause.