These conditions are concluded between, on the one hand, the company BOIS ET CHIFFONS CONCEPT, SAS with capital of 100,000 euros, registered with the RCS Paris under number 440 552 453 00027, head office 114 TRA DE LA SERVIANE 13012 MARSEILLE, hereinafter referred to as "BOIS ET CHIFFONS CONCEPT", and, on the other hand, persons wishing to make a purchase via the website www.boisetchiffons.fr, by email, by telephone, by fax, hereinafter referred to as "the buyer".
The parties agree that these conditions of sale, available on the day of purchase, exclusively govern their relationship. If a condition were to be lacking, it would be considered to be governed by the customs in force in the distance selling sector whose companies are headquartered in France.
OBJECT
These conditions aim to define the terms of sale between BOIS ET CHIFFONS CONCEPT and the buyer, from placing the order to after-sales services, including payment and delivery.
THE ORDER
The buyer has the option of placing his order online, by telephone, by fax, by email: either from the online catalog; or directly from the references in the paper catalogs.
Any order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the guarantees mentioned below. Online, the buyer has the possibility to modify his basket before the final validation, this last step formalizing the sales contract between BOIS ET CHIFFONS CONCEPT and the buyer. BOIS ET CHIFFONS CONCEPT undertakes to honor the orders received only within the limit of available stocks of the products. In the event of unavailability of the product, BOIS ET CHIFFONS CONCEPT undertakes to inform the buyer. In certain cases, in particular non-payment, incomplete information, incorrect address or other problem, BOIS ET CHIFFONS CONCEPT reserves the right to block the buyer's order until the problem is resolved.
As part of its action to combat fraud on the Internet, BOIS ET CHIFFONS CONCEPT may be required to verify the bank details and/or identity of customers before any delivery. By placing an order on the BOIS ET CHIFFONS CONCEPT website, the customer agrees to provide BOIS ET CHIFFONS CONCEPT with the requested supporting documents. If BOIS ET CHIFFONS CONCEPT fails to provide the requested elements within the time limit, the latter reserves the right to cancel the order subject to verification.
DELIVERY
The customer is informed by BOIS ET CHIFFONS CONCEPT of the availability of the product(s) and the delivery times when placing the order, shipping will then be organized upon receipt of the last available item.
For logistical reasons, an order may be delivered to the customer in several times. The customer then pays for only one delivery. If the customer wants 2 delivery locations, he places 2 orders, with the related delivery costs. The customer can also delay the shipment upon simple request by adding a comment during the order process.
Parcel shipments can only be made territorially in mainland France, Corsica, Belgium, Luxembourg, Germany, Switzerland, Spain and Italy, excluding islands and high-altitude cities. Find the terms and costs of delivery by clicking here or on the link to our delivery conditions page here ( https://www.boisetchiffons.fr/content/1-livraison ).
For deliveries outside mainland France, the customer agrees to pay all taxes due on the importation of products, customs duty, value added tax, and all other taxes due under the laws of the country where the order is received.
BOIS ET CHIFFONS CONCEPT is therefore released from any legal liability if the payment of taxes is not made by the customer.
The customer is informed of the shipment of their order by an e-mail notifying them of the procedure to follow to receive their goods.
Our carrier will contact you to set a delivery date within the time frame mentioned on your order summary. In accordance with the provisions of Articles L.216-1 and L.216-6 of the Consumer Code, consumers have the right to cancel orders if the delivery date indicated when ordering is exceeded by more than 7 days, except in cases of force majeure.
BOIS ET CHIFFONS CONCEPT must indicate, before the conclusion of the contract, the deadline by which we undertake to deliver the goods ordered. Failing this, we are deemed to have to deliver the goods upon conclusion of the contract (art L.111-1-3).
Neither BOIS ET CHIFFONS CONCEPT nor the selected carrier can be held responsible for an inability to deliver due to an inaccuracy in the delivery address. In the event of an inability to deliver due to inappropriate information, difficulties in access or passage, incorrect measurements or the absence of the buyer, new delivery costs may be invoiced by BOIS ET CHIFFONS CONCEPT, which will contact the buyer for the payment of these new delivery costs before any possible new delivery of the product.
In the event of non-payment of these costs, BOIS ET CHIFFONS CONCEPT reserves the right not to deliver the product.
In the absence of a written reservation upon delivery, when you personally take receipt of your order (art L224-65) and when the carrier does not provide proof that it has given you the opportunity to actually check their good condition, the period mentioned in article L. 133-3 of the French Commercial Code which extinguishes any action against the carrier is extended to ten working days. You will then have to send us your reservations directly by sending a registered letter with acknowledgement of receipt or by any electronic means of transmission and storage of data within this period.
The terms of delivery and collection of goods established according to the option selected when confirming the order are:
1/ Express delivery - Dropped off at doorstep, courier.
On the agreed day, the carrier will drop off your order on a pallet, at your doorstep. If you live in an apartment building, delivery is scheduled to the entrance of the building. Any access not suitable for receiving a package on a pallet such as: steps, narrow path, small gate, beaten earth, releases us from any responsibility for delivery beyond this location.
2/ Premium delivery - Delivered to the place of use.
On the agreed day, the delivery person(s) will drop off your order at the place of use, upstairs if necessary under normal accessibility conditions. Please check in advance for any possible access difficulties such as openings (doors, stairs, elevators, etc.) allowing passage during execution. The customer must indicate their floor if they live in a building as well as the presence of an elevator.
3/ The Collection Point - Collection on site, 877 route du puits gérard 13105 MIMET.
The customer will be notified of the successful receipt of their order by the sales department and will then set an appointment to schedule the collection of their order.
Important information to read:
In order to prevent any dispute, we thank you for ensuring that your order is completely checked upon receipt.
Depending on the geographical areas served, multiple stakeholders being assigned, we cannot ensure the benevolence of the handling of packages.
We therefore remind you that it is essential to refuse any damaged goods and to make precise and detailed reservations on the delivery note (impact during transport or manufacturing defect).
For your information, the mention subject to unpacking has no legal value.
If the driver refuses to let you open your package, refuse it. A package that appears perfect can sometimes hold unpleasant surprises related to transport.
PRICES
Prices are indicated in euros, all taxes included. The prices indicated on the site are guaranteed for the duration of the online posting and within the limit of available stocks.
Prices take into account the VAT applicable on the day of the order. Any change in the applicable rate may be reflected in the prices of the products. However, prices cannot be changed once the customer's order has been validated. Similarly, if one or more taxes or contributions, particularly environmental ones, were to be created or modified, either upwards or downwards, this change may be reflected in the sale price of the items on the site and on the sales documents.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
All items can be exchanged or refunded, except those excluded by law in Article L221-28 of the Consumer Code, for example products that have been subject to consumer specifications or clearly personalized. Elements related to color, the nature of a coating, a finish, additional equipment based on standard elements, which are chosen by the consumer via the options on the product sheet are not considered excluded elements and can be exchanged or refunded. The request for exchange or refund by the buyer must be made within 14 days from the date of receipt or collection of the package. The form is available at this address: https://www.boisetchiffons.fr/demande-retractation
The item to be returned must be intact, complete, in its original packaging intact and, where applicable, unplugged.
The buyer has a period of 14 working days from the date of receipt of his order to exercise his right of withdrawal, without justification or penalty in accordance with the provisions of articles L221-18 of the consumer code.
However, this right of withdrawal cannot be exercised if the product(s) delivered have clearly been subject to lasting use and show signs of damage not observed upon receipt, other than proven form defects.
The right of withdrawal does not apply to deliveries to Switzerland. Swiss law does not provide for any withdrawal period or other right of return once the order has been placed.
If the goods were delivered to you packaged, they must be repackaged by you, in their original packaging, intact, complete, packed and, where applicable, unplugged, accompanied by all possible accessories, instructions and documentation. The goods must also be intact. If a product was delivered disassembled, you must disassemble it.
Under the terms of Article L221-28 of the Consumer Code, this option does not apply to products made at the buyer's request, which are clearly personalized. In particular, seats and furniture offered in several finishes manufactured on demand. The right of withdrawal therefore does not apply to these categories of products.
To exercise his right of withdrawal, the buyer is invited to complete the withdrawal form available here: withdrawal request
A form can also be sent to us by post or at contact@boisetchiffons.fr.
Sample withdrawal form below
I hereby notify you of my withdrawal from the contract for the sale of the property below:
- Order reference (*)
- Ordered on (*), delivered on (*)
- Name of the consumer(s)
- Billing address (*)
- E-mail address (*)
- Reasons for return: (optional)
- I/We(*) wish that the recovery of the goods be carried out (by the BOIS ET CHIFFONS CONCEPT transporter) or (by our own transporter)
- Date (*)
- Signature of the consumer(s) (only if this form is notified on paper)
The buyer must then return this form duly completed and signed within 14 days from the date of receipt of his order by email or by registered letter with acknowledgment of receipt to the following address: BOIS ET CHIFFONS CONCEPT, 114 impasse de la Serviane 13012 Marseille, FRANCE .
The buyer may choose:
- For the removal of the product(s) by the BOIS ET CHIFFONS CONCEPT carrier upon payment of the transport costs corresponding to the return of the product.
- For shipping at its own expense by the carrier of its choice, it is imperative that the carrier contacts BOIS ET CHIFFONS CONCEPT to make a delivery appointment.
The buyer will be reimbursed by the means of payment used when ordering, unless there is an agreement with the customer as to the means of payment, for the full price including tax of the product paid, shipping costs included, less return costs and at the latest within 14 days of receipt of the returned product in perfect condition, in its original packaging intact and with all its accessories.
If the return conditions are not respected, no refund will be required, the buyer will remain the owner of the product, which he can collect within one month from our warehouse.
GUARANTEES
The company BOIS ET CHIFFONS CONCEPT is liable for any defects in the conformity of the goods to the contract under the conditions of article L. 217-4 et seq. of the consumer code.
Reproduction of Articles L. 217-4, L. 217-5, L217-9 and L. 217-12 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code, in accordance with Article L. 217-15 of the Consumer Code:
- Article L217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at his expense by the contract or has been carried out under his responsibility.
- Article L217-5 of the Consumer Code: The good complies with the contract:
1/ If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; - if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2/ Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
- Article L217-9 of the Consumer Code: In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
- Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.
- Article 1641 of the Civil Code: The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
- Article 1648 paragraph 1 of the Civil Code: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
When acting under the legal guarantee of conformity, the consumer:
- benefits from a period of 2 years from delivery of the goods to take action;
- can choose between repair or replacement of the goods;
- is exempt from providing proof of the existence of the lack of conformity of the goods during the six months (24 months for new goods) following delivery of the goods.
The legal guarantee of conformity applies independently of the commercial guarantee that BOIS ET CHIFFONS CONCEPT may have granted to the consumer.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he may choose the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
BOIS ET CHIFFONS CONCEPT draws the buyer's attention to the fact that this guarantee excludes the replacement of products whose wear is normal or due to abnormal or inappropriate use (the buyer must in particular respect the instructions for use and the conditions of maintenance and cleaning of the products, as indicated on the label or on the site).
The products (including handcrafted products) that BOIS ET CHIFFONS CONCEPT sells often reflect the natural properties of the materials used in the manufacture of the finished product. Natural characteristics such as knots, cracks and variations in the color of the wood should not be considered as errors or defects.
Products showing damage resulting from intentional deterioration, specific phenomena of humidity or heat, as well as damage linked to abusive use are not covered by the warranty.
In order to activate the legal guarantee, the customer must report the defect as soon as it appears by sending an email to the sales department or by registered letter with acknowledgment of receipt to the following address: BOIS ET CHIFFONS CONCEPT - 114 impasse de la Serviane 13012 Marseille, France.
The product recognized as non-compliant or defective may be subject to an exchange, a refund against the recovery of the product or the refund of a part of the product with the conservation of said product by the customer, the replacement of the furniture will only be possible if the article still appears in the BOIS ET CHIFFONS CONCEPT catalog.
SIGNATURE AND PROOFS
In all cases, the online provision of the bank card number and the final validation of the order will constitute proof of the entirety of said order in accordance with the provisions of the law of March 13, 2000 and will constitute the due date of the sums committed by the entry of the items appearing on the order form.
This validation is worth signature and express acceptance of all operations carried out on the site. However, in the event of fraudulent use of his bank card, the buyer is invited, as soon as this use is noted, to contact the BOIS ET CHIFFONS CONCEPT customer service.
RESPONSIBILITY
BOIS ET CHIFFONS CONCEPT has an obligation of results for all stages of order taking as well as for the stages following the conclusion of the contract.
Thus BOIS ET CHIFFONS CONCEPT undertakes to describe with the greatest accuracy the products sold on its website and in the paper catalogues. On the other hand, the liability of BOIS ET CHIFFONS CONCEPT could not be engaged in the event that the non-performance of its obligations would be attributable either to the unforeseeable and insurmountable act of a third party to the contract or to a case of force majeure as defined by French case law. BOIS ET CHIFFONS CONCEPT cannot be held liable for compensation for indirect damages or any other financial losses suffered by the buyer or a third party. Similarly, the liability of BOIS ET CHIFFONS CONCEPT could not be engaged for all the inconveniences or damages inherent to the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.
PERSONAL DATA
BOIS ET CHIFFONS CONCEPT reserves the right to collect data on the buyer, in particular, online, by using cookies. The collection of data by BOIS ET CHIFFONS CONCEPT, the data controller, is necessary to take into account the buyer's requests.
We use cookies, pixels and other technologies (collectively, "cookies") to recognize your browser or device, learn about your interests, provide you with essential features and services, recognize you when you sign in to use our services, perform research and diagnostics to improve our content, products and services, prevent fraudulent activity, improve security, and deliver content, including advertising, relevant to your interests on our sites and third-party sites.
For each finalized order, BOIS ET CHIFFONS CONCEPT will confirm the order with the buyer by email.
It is our responsibility to ensure that the personal data we hold is correct and up to date and this is why, in accordance with Article 32 of Law No. 2004-801 of 6 August 2004 on the protection of individuals with regard to the processing of personal data and amending Law No. 78-17 of 6 January 1978 on information technology, files and freedoms, users have the right to access, modify and delete information concerning them, to be exercised at any time with BOIS ET CHIFFONS CONCEPT, by mail by writing to BOIS ET CHIFFONS CONCEPT, 114 TRA DE LA SERVIANE 13012 MARSEILLE, indicating your surname, first name, email address and if possible customer reference.
The buyer is informed that this automated processing of information, in particular the management of e-mail addresses, has been declared to the CNIL under number 1614097 of September 10, 2012.
BOIS ET CHIFFONS CONCEPT implements all means to ensure the confidentiality and security of data transmitted on the web. As such, the website uses a secure payment method such as SSL (Secure Socket Layer).
INTELLECTUAL PROPERTY
All elements of the site belonging to BOIS ET CHIFFONS CONCEPT and the paper catalogs, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
Thus, none of the documents from the site belonging to BOIS ET CHIFFONS CONCEPT and the paper catalogs may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way whatsoever, except under the following conditions: it is possible to download a copy of the documents on a computer for your personal use and solely for non-commercial purposes, provided that you do not modify the information and that you keep intact all copyright and other proprietary notices. The modification of these documents or their use for any other purpose constitutes an infringement of the intellectual property rights of BOIS ET CHIFFONS CONCEPT.
The buyer who has a personal website and who wishes to place, for personal use, on his site a simple link directly referring to the homepage of the site belonging to BOIS ET CHIFFONS CONCEPT, must request authorization from BOIS ET CHIFFONS CONCEPT. This will not be an implicit affiliation agreement under any circumstances. On the other hand, any hyperlink referring to the site belonging to BOIS ET CHIFFONS CONCEPT and using the framing or in-line linking technique is strictly prohibited. In all cases, any link must be removed upon simple request from BOIS ET CHIFFONS CONCEPT.
The trademarks, logos, designs and models appearing on the site belonging to BOIS ET CHIFFONS CONCEPT or any sales document are the exclusive property of BOIS ET CHIFFONS CONCEPT. Their disclosure may not under any circumstances be interpreted as granting a license or right to use any of the said trademarks and distinctive elements protected by copyright. They may therefore not be used under penalty of counterfeiting.
MEDIATION
Complaints or disputes will always be received with kindness, good faith always being presumed in the person who takes the trouble to explain his situation. In the event of a dispute, the customer will contact BOIS ET CHIFFONS CONCEPT as a priority to obtain an amicable solution.
Since January 1, 2016, if after having exhausted the avenues of appeal with our customer service, a misunderstanding or disagreement persists between us and subject to the conditions of admissibility provided for by the Consumer Code, you can contact the Consumer Mediator to whom we belong free of charge, who will attempt to bring the Parties together with a view to an amicable solution: GILPIN MEDIATION SAS, 336 chemin de la Pierre Mouraou 83330 Le Beausset.
ENTIRETY
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this shall in no way affect the validity and compliance with these general conditions of sale.
DURATION
These conditions apply for the entire duration of availability of the services offered by BOIS ET CHIFFONS CONCEPT.
PROOF, CONSERVATION AND ARCHIVING OF TRANSACTIONS
The computerized records, stored in the computer systems of BOIS ET CHIFFONS CONCEPT and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1348 of the civil code.
APPLICABLE LAW AND JURISDICTION
These conditions are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the plaintiff, the place of actual delivery of the product.
The site belonging to BOIS ET CHIFFONS CONCEPT complies with French legislation, and under no circumstances does BOIS ET CHIFFONS CONCEPT give any guarantee of compliance with local legislation that would be applicable to you, when you access the site from other countries.