1. Designation of the seller

This site https://bonnesoeursstore.com (hereinafter referred to as the “ Site ”) is published by the company:

SAS BONNESOEURS with capital of 10,000 Euros – Head Office: 15 bis, rue du Chariot d’Or – 69004 LYON – France – 910 228 147 RCS Lyon

You can contact customer service:

By email: eshop@bonnesoeurs-store.com

By telephone: 04 72 27 04 25

The site is hosted by Shopify.

151 O’Connor Street

Ottawa, Ontario K2P 2L8

Canada

The Seller markets accessories, decorative objects (hereinafter referred to as the (“ Products ”)), presented on the Site throughout the world.

2. Purpose of the General Terms and Conditions

These General Conditions of Sale (hereinafter referred to as “the General Terms and Conditions”) are applicable, unless otherwise agreed, to sales of products and/or equipment (hereinafter referred to as “the Product(s)”) made by SAS. BONNESOEURS (hereinafter referred to as the “Seller”) to the buyer (hereinafter referred to as the “Customer”).

The information contained in the commercial documents issued by the Seller may be modified by the Seller at any time and without notice.

The General Conditions of Sale (CGV) specify in particular the conditions of purchase, payment, delivery and management of possible returns of products ordered by Customers via “Orders”.

The General Terms and Conditions apply exclusively to the sale, by the Seller, of Products presented on the Site, access to which is free and open to any Internet user.

These General Conditions of Sale are accessible at any time on the Site and will prevail, where applicable, over any other version or any other contradictory document as well as any other conditions applicable for sales in stores or through other distribution channels and marketing.

The General Terms and Conditions exclusively govern sales contracts to buyers having the status of consumers and constitute with the online order the contractual documents enforceable against the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the Products which have only 'an indicative value.

The General Conditions of Sale are exclusively applicable to Products delivered to consumers established throughout the world.

Each new order requires acceptance of the General Terms and Conditions by the Customer, which he acknowledges and accepts. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the professional Seller in accordance with article 1127-2 of the civil code.

3. Products

The Products offered for sale can be viewed in the Site's product catalog (in accordance with article L111-1 of the Consumer Code) and delivered while stock lasts. Despite the care taken in the product description and in updating stocks, errors may appear on the Site, which the Customer acknowledges and accepts.

In the event of unavailability of one or more products, once the price has been paid, the user will be informed as soon as possible. The Seller undertakes to offer one of the following solutions: the Seller may offer a Product of equivalent quality and price, reimbursement of the product(s), or failing that, offer a voucher equivalent.

The photographs illustrating the Products are non-contractual. Indeed, the photographs possibly accompanying the presentation of the Products may include goods which are not systematically offered for sale.

Regardless of the method and location of delivery, after a period of fourteen (14) calendar days following delivery, and in the absence of notification from the Customer, the Products will be deemed to have been accepted by the Customer.

4. Price

Product prices are in euros, all taxes included, excluding delivery costs in accordance with article L.112-1 of the Consumer Code. Prices are those in effect on the day of purchase and are payable in cash.

The total amount owed by the consumer is indicated on the order confirmation page, together with delivery and transport costs. The selling price of the Product is that in effect on the day of the order.

The Buyer is not required to sell a product at an incorrect lower price* (even after having sent you an Order Confirmation), if the error is obvious and unambiguous and if you are reasonably able to correct it. identify as such.

The prices displayed on the website include VAT but exclude delivery costs, which will be added to the total amount to be paid, as established in the buying guide (see the section dedicated to delivery costs).

* According to article L-442-4 of the Commercial Code and the Economic Modernization Law, a seller, outside sales periods, is not authorized to sell at a loss . The price of a redistributed item must therefore necessarily be higher than the price at which it was purchased from the supplier.

Prices may be changed at any time. However, no changes will have any effect on orders for which a Shipping Confirmation has already been sent, except in the cases described above.

After choosing all the products that the Buyer wishes to purchase, they will be added to the basket. The Seller will then process the order and the Buyer will be asked to make payment. To this end, the Buyer must follow the different stages of the purchasing process by indicating or verifying the information required at each of them.

During the purchasing process, the Buyer always has the possibility of modifying the data relating to his order before making payment. The purchasing process is explained in detail in our buying guide.

In addition, if the Buyer is registered as a user in the system, all data relating to the orders he places on the stimuli are available in the “My account” section.

5. Order

To place an order on the site, the customer has the option of creating an account or ordering as a guest. To place an order, the consumer must provide the following information: first name, last name, postal address (delivery/billing), email address and telephone number.

The consumer has the possibility of checking his order before validating it by clicking on the “Order” button:

Products and quantities ordered

The total price

Delivery information

In order to be able to correct any errors or possibly modify your order. Validation of the order entails acceptance of the General Terms and Conditions and forms the contract. An order and payment confirmation will be sent by the seller. The order can only be validated once payment has been received in full. Any order modification by the consumer after confirmation of his order is subject to acceptance by the professional Seller.

In the event of unavailability of one or more products, the user will be informed as soon as possible.

6. Formation of the Sales Contract

6.1 The Seller is only bound by the commitments expressly set out in the order confirmation issued by a duly authorized representative of the Seller. If the Seller has set a deadline for acceptance of the offer, he is only bound until the expiration of this deadline; if he has not set a deadline, he may withdraw his offer at any time by notifying the Customer of his decision. It is only after written acceptance by the Seller of the Customer's order, in the form of an acknowledgment of receipt of the order, that the two parties are bound by a sales contract (hereinafter referred to as “the Contract”). ).

Sending the order by the Customer implies acceptance of these General Conditions of Sale in their entirety.

6.2 In the event that the Customer decides to terminate all or part of a Contract, the Customer will be required to reimburse the Seller for all Costs incurred by the Seller on the date of such termination. Any partial advance payment made by the Customer will be subject to compensation against said Fees. The term “Expenses” must be defined as follows: direct costs, costs of handling, storage and supplies and/or various equipment, costs of providing services, process development, salaries and associated payroll costs and other similar costs resulting directly from the activity concerned, overheads and indirect expenses. The Costs also include the financial consequences borne by the Seller due to the termination of agreements concluded with its subcontractors. Under no circumstances may the Fees exceed the total payments that the Seller would have been entitled to receive if the Contract had not been terminated by the Customer.

7. Payment

The Products are payable in cash when ordering, or according to the conditions specified by the Seller in the offer or in the acknowledgment of receipt of the order.

Payment is made by credit card via Shopify Payments (Carte Bleue, Visa, Eurocard, Mastercard accepted in France), Paypal or Apple Pay.

The Site is equipped with an online payment security system making it possible to encrypt the transmission of the consumer's banking data. The customer's bank card number is only directed to the bank's servers, in a secure environment.

An invoice with VAT is automatically generated by the Seller and is available on the customer's account. For “guest” orders, an invoice may be sent by the Seller to the customer, upon simple request from the latter addressed to the Seller.

Sending acknowledgment of receipt of the order by the Seller constitutes the trigger for invoicing. Failure to pay an invoice authorizes the Seller, all rights and actions reserved, to suspend any delivery, whatever the conditions of the order, until full payment and to cancel any discount possibly granted to the Customer on the or said invoices, and to apply the legal penalties for late payment from the day following the payment date appearing on the invoice and/or to terminate the Contract after formal notice remains without effect within a period of thirty (14) days from from the notification by the Seller.

The interest rate of the penalties will be equal to the interest rate applied by the European Central Bank to its most recent refinancing operation increased by 10 percentage points. Penalties are calculated on the basis of unpaid invoiced amounts and are due without prior notice being necessary. In accordance with the law, the Seller may also request payment of compensation for recovery costs, upon justification.

8. Delivery

Delivery means the transfer to the consumer of physical possession or control of the good.

8.1 Delivery areas

The Products are offered throughout Europe and in certain countries outside the European Union, subject to impossibility on the part of the Seller.

For all Products shipped outside the European Union and Overseas Territories, the price will be calculated excluding taxes automatically on the invoice.

8.2 Different delivery methods and delivery dates

When placing the Order, the Buyer has the choice between:

Colissimo delivery to a relay point;

Colissimo home delivery with signature;

collection of your Order from the premises (address of the Bonnesoeurs boutique). In this case, the Buyer will not have to pay any delivery costs. The time limit for collecting your Order is one month from the date of the Order, failing which the Order will be refunded and canceled within thirty (30) days.

The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the deadlines specified below. The Customer has the possibility to check the status of his Order on the “My account” section of the Site and track his package on the carrier's websites via the tracking number which will be communicated to him electronically following the success of his transaction. . However, these deadlines are communicated for informational purposes only.

Colissimo at relay point

This delivery method guarantees the Buyer delivery of their package within seven (7) days following shipment (average delivery time 48 hours). Deliveries are made Monday to Friday, except public holidays. The package is picked up by the Post Office and delivered to the relay point address indicated by the Buyer.

Colissimo Tracked with signature

This delivery method guarantees the Buyer delivery of their package within seven (7) days following shipment (average delivery time 48 hours). Deliveries are made Monday to Friday, except public holidays. The package is picked up by the Post Office and delivered to the delivery address indicated by the Buyer.

Delivery is free in Metropolitan France from 100 euros of purchase at a relay point and 200€ at home.

Lost package

In the case of a Colissimo shipment:

If 5 working days after dispatch of the package, the customer has not received any news of their order, they must contact the post office closest to the delivery location indicated on the package. If neither the post office nor the parcel tracking ( https://www.laposte.fr/outil/suivre-vos-entreprises ) say they have any trace of this parcel, the customer must then contact Bonnnesoeurs “Contact We ". Bonnesoeurs Customer Service will then open an investigation with the Post Office services. The customer will then receive an email informing them that an investigation has been opened. Final response times from the Post Office vary from one to three weeks, from the time the email is sent to the customer.

• If the package is found, it is then sent to the customer: the reception procedure then follows its normal course (deposit of the package or delivery notice, etc.)

• If the package is declared lost (the final response is often formulated within the maximum deadline, i.e. three weeks), Bonnesoeurs then notifies the customer and immediately initiates reimbursement of the package (products and costs and shipping).

Package returned to NPAI

If the package is returned to NPAI (Does not live at the address indicated), shipping costs will not be refunded.

In the event of reshipment, the reshipment costs will be borne by the customer.

Delivery to the Bonnesoeurs boutique

The Seller also offers free delivery to the store at 15 bis rue du Charriot d'or – 69004 Lyon – Monday from 2 p.m. to 6 p.m. and Tuesday to Saturday from 10 a.m. to 7 p.m. The Order is made available at the Bonnesoeurs premises within 48 hours (working days and excluding public holidays).

Delivery of the package is made upon presentation of the identity card and the Order number. The Buyer has a maximum period of thirty 14 days to collect their package from the Bonnesoeurs boutique.

The Customer is required to check the condition of the Products delivered.

The choice of carrier cannot be changed once payment has been made.

8.3 Delivery costs

Delivery costs are indicated on the Site. They differ depending on the delivery method chosen by the Buyer and the weight of the order. The Buyer is informed of the amount of these costs prior to validation of his Order.

8.4 Customs

In the event of an Order to a country other than mainland France, the Customer is the official importer of the Product(s) concerned and as such must respect all the laws and regulations of the country in which the Products are received. In the event of delivery outside mainland France, the customer is responsible for customs duties and other local taxes or import duties or state taxes which may be payable. They will be the responsibility and are the sole responsibility of the Customer.

Any additional customs clearance costs will be the responsibility of the Customer; the Seller has no control over these costs. Customs policies vary greatly from country to country, so it is the Customer's responsibility to contact the local customs department if necessary for further information.

8.5. Lack of standard exchange

The Seller does not do standard exchanges.

The Buyer has fourteen (14) days after receipt of the Order to return the Products to the Seller for reimbursement under the conditions detailed in the RETURNS AND REFUND tab herein. 

9. Forces Majeure – Excusable Delays

The Seller will not be in default if the performance of any of its obligations under the Contract is partially or totally delayed or prevented due to Force Majeure or due to the Customer.

By “Force Majeure”, we mean any event beyond the reasonable control of the Seller such as and without this list being exhaustive: natural disasters, fire, flood, sabotage, explosion, epidemics, interruption or delay in transport, failure of a supplier or subcontractor, quarantine restriction, disruption in the supply of supplies from normally reliable sources (including, in particular, electricity, water, fuel and similar supplies), strike in any form whatsoever, breakdown of machine, any major accident in the Seller's facilities, any insurrection, riot or civil war, declared or undeclared war, any change in law, new law or regulation, any action, non-performance, omission of any governmental authority, any refusal, cancellation or non-renewal of any export license or any other governmental or other authorization necessary for the sale of all or part of the Product(s) or for the purchase of components/parts/materials necessary for their manufacture.

If the performance of any obligation of the Seller under the Contract is delayed in whole or in part due to Force Majeure for a period exceeding three (3) months, either Party will have the option, by in the absence of an amicable settlement, to terminate the Contract affected by the delay, automatically and without compensation, by sending to the other Party a registered letter with acknowledgment of receipt (and without any other formality). Termination will not affect any debts owed between the Parties on the date of termination.

10. Conditions of acceptance of products

10.1 The characteristics of the Products are those defined by the Seller's specifications as published in their most recent version.

10.2 Tests and Acceptance: prior to each delivery, a quality control of the Products will be carried out under the control of the Seller, in accordance with its usual acceptance procedure, in its facilities.

10.3 Regardless of the method and place of delivery, after a period of fourteen (14) calendar days following delivery, and in the absence of notification from the Customer, the Products will be deemed to have been accepted by the Customer.

11. Reservation of Title

The Seller retains ownership of the Products sold until actual payment by the Customer of the entire price in principal and accessories. Failure by the Customer to pay any of the due dates may result in the Seller claiming the Products delivered. However, and by express agreement, the Customer will be responsible, upon delivery of the Product(s), for all damage, loss and deterioration occurring to the Product, or that the latter could cause.

12. Legal guarantee of conformity and legal guarantee of hidden defects

All Products supplied by the Seller benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civ Code. Article 10 – Legal guarantee of conformity and guarantee of hidden defects. 

12.1 Implementation of the guarantee of conformity

The Seller guarantees that the Products comply with the technical specifications approved by it and applicable on the date of signature of the Contract. This warranty is limited to material and manufacturing defects.

If the Product does not conform to the order, the consumer must send a complaint to the professional Seller whose contact details can be found at the header of these General Terms and Conditions.

When acting under the legal guarantee of conformity, the consumer can choose between repair or replacement of the good, subject to the cost conditions provided for by article L.217-9 of the Consumer Code.

The buyer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.

In the event of unavailability of the Products upon delivery, the Professional Seller may offer, under the conditions provided for in Article 3 of the General Conditions of Sale, a Product equivalent in terms of quality and price.

The duration of the warranty for the Product(s) is set in the Contract. In any event, if the Contract does not provide for a warranty period for the Product(s), action to guarantee conformity is prescribed 2 years from the date of delivery of the Product(s) by the Seller.

12.2 – Implementation of the guarantee against hidden defects

The Seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given a lower price, if he had known them.

The consumer can decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

The Seller is not liable for apparent defects of which the buyer was able to convince himself.

Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

To find out more, go to the DGCCRF website ( Directorate General for Competition, Consumer Affairs and Fraud Prevention )

Where to get information?

0809 540 550 DGCCRF – ResponseConso

Are you having difficulty following a purchase? Do you have a question about a legal point before purchasing or ordering?

You can obtain a response from a DGCCRF agent by calling 0809 540 550 .

Non-premium rate number

Service opening hours:

Monday and Tuesday: 8:30 a.m. to 12:30 p.m. and 1:15 p.m. to 5:15 p.m.

Wednesday: 1:15 p.m. to 5:15 p.m.

Thursday: 8:30 a.m. to 12:30 p.m.

Friday: 8:30 a.m. to 4 p.m.

13. Eviction Guarantee

13.1 In the event that a third party brings an action for infringement of its intellectual property rights concerning the Products delivered to the Customer and a final judgment is rendered against the Seller confirming the infringement, the Seller then undertakes at its own expense and at its option to (i) either obtain a license from the above-mentioned third party in order to protect the Customer, (ii) or modify the incriminated Products so as to avoid counterfeiting, (iii) or substitute equivalent product(s) to the Product(s) in question, (iv) or, if such solutions were not possible for economic and/or technical reasons, to accept the return of the Products delivered and to reimburse them for their purchase price. The above commitment will only apply to the extent that the Seller has immediately received written notification of any claim of infringement or of any action initiated or risk of action against the Customer, and has received full authority to take sole responsibility for it. defense, and to settle or terminate any proceedings.

13.2 The Seller will in no case be responsible, and the Customer will hold the Seller harmless, from any claims, liabilities, expenses, costs, damages and interests resulting from an allegation of infringement of patents, trademarks, copyrights, or any other intellectual property rights, any costs incurred by the Customer for its defense, and any actions taken by the Customer without the prior written authorization of the Seller.

Furthermore, the Seller will under no circumstances be liable for any action resulting from use or combination of the Products with any other product, device or material not supplied by the Seller, or for any action resulting from compliance by the Seller with the Customer's specifications, plans or instructions.

13.3 The above provisions constitute the entire commitments and liability of the Seller in the event of an action and/or claim based on or related to an alleged infringement of a patent or any other intellectual property right, and are subject to the limitations set out in Article 12 hereof.

14. Intellectual property and confidentiality

14.1 The information and data (hereinafter “the Information”) contained in any document or information support provided by the Seller in its proposal or in relation to the Contract will remain, subject to the rights of third parties, the exclusive property of the Seller , as well as all related intellectual property rights.

14.2 The Client must not use the Information for any purpose other than to carry out an internal evaluation of the proposal or, where applicable, to install, use and/or maintain the Product(s). ).

14.3 The Seller retains and will retain full ownership of all creations, inventions, plans, drawings, diagrams and processes, developed by the Seller previously or during the execution of the Contract.

14.4 The Client must keep the Information strictly confidential and must not disclose it in whole or in part to any person other than the Client's employees who need to know it.

15. Applicable law / Dispute resolution

These General Terms and Conditions as well as any Contract are governed by French Law.

In the event of a dispute, the consumer must first contact the Seller's customer service at the number indicated at the header of these General Terms and Conditions, at no extra charge from a landline in mainland France, from Monday to Friday except public holidays or public holidays, or by email or post, to the contact details given in the header of these General Terms and Conditions.

In the absence of an amicable settlement within a period of two (2) months from the submission of the request, the consumer may submit the dispute relating to the purchase order or these T&Cs opposing him to the professional Seller to the mediator of the professional federation whose The publisher of the Site is a member, who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.

Whatever the means of referral used, the request must imperatively

contain :

– The postal, telephone and electronic contact details of the

applicant,

– Name and address and registration number at Sas Médiation

Solution, from the professional concerned,

– A brief statement of the facts. The consumer will specify to the mediator

what he expects from this mediation and why,

– Copy of the prior complaint,

– all documents allowing the processing of the request (voucher

order, invoice, proof of payment, etc.)

The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/ , in particular in the event of a cross-border dispute.

In addition, the Customer always has the right to take legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Commercial Court of Lyon, or, when the Customer is a consumer, to any legally competent court. .

Payment for orders is only made online by credit card (Visa, Mastercard and American Express), by Paypal or Apple Pay.

Payment by Bank Card:

You can pay by credit card using the Shopify Payments solution via our site.

You don't need to have a Shopify Payments account to use this payment method.

Payment will be made from your bank card with the completely secure Shopify Payments system.

The Shopify Payments system accepts the following cards: Visa, MasterCard & American Express.

You will need to enter your banking information on the payment interface: the 16 digits written on the front of your bank card, its expiry date and the 3-digit cryptogram located on the back.

The Shopify Payments service will verify the transaction and then send us your payment. We will never know your banking information. This system remains perfectly secure.

Paypal Payment:

To use this type of payment, simply use your Paypal account if you already have one or create a Paypal account if you do not yet have one.

If you wish to open a Paypal account, opening is free and allows you to make your payments in complete security.

Once your Paypal account has been created, to pay for your order on our site, you will need to enter your email address and your Paypal password when asked. You will then be redirected to the Paypal interface which will verify the transaction and then send us your payment.

We will never know your banking information. This system remains perfectly secure.

Apple Pay payment:

Make sure you have set up Apple Pay on your compatible Apple device, such as an iPhone, iPad or Mac. You can add your credit or debit cards in the Wallet app.

During the checkout process on our site, choose Apple Pay as your payment method.

Use Touch ID or Face ID to authorize the transaction.

Once the transaction is approved, you will receive a confirmation on your device.

You won't have to manually enter your credit card information with each purchase, making the online payment process simpler and more secure.

We do not store your credit card information, ensuring your privacy and security.

Exceptionally, Bonnesoeurs reserves the right to suspend an order and ask its customers for any additional useful information in order to guarantee the absence of fraudulent use of a means of payment. Bonnesoeurs also reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

You can find the Shopify Payments T&Cs here: https://www.shopify.com/legal/terms-payments-fr

The information collected or processed during your browsing on the site https://bonnesoeursstore.com is subject to computer processing intended for BONNESOEURS only and with the aim of improving the services offered, processing your requests, facilitate your navigation and registration and inform you of BONNESOEURS offers and news, unless you object.

In accordance with the “Informatique et Libertés” law of January 6, 1978 amended in 2004, you have the right to access and rectify information that concerns you, which you can exercise by contacting us and attaching a copy of the document to your request. proof of identity by post: BOUTIQUE BONNESOEURS 15 bis RUE DU CHARIOT D'OR 69004 LYON or via our contact form.

You can also, for legitimate reasons, object to the processing of data concerning you.

You can also access information about you and possibly make the necessary corrections directly on the site by going to your account.

Finally, you also have the possibility to unsubscribe from the newsletters offered by https://bonnesoeursstore.com by clicking on the link provided at the bottom of the page in the last newsletter received.

Furthermore, your banking information is never in our possession. Transactions are processed entirely by Shopify Payments, PayPal and Apple Pay payment solutions.

The Customer is solely responsible for the process of paying import VAT upon customs clearance of the Product. He may be asked to pay import VAT. To the extent that this tax is not the responsibility of the Company, it cannot be required to reimburse this tax.

For all products shipped outside the EU the price is calculated excluding taxes automatically. Customs duties, other local taxes or import duties may be payable in certain cases. The Company has no control over these rights and amounts.

They will be the responsibility of the Customer. We therefore invite you to obtain information on these aspects from the corresponding local authorities.

Cancellation of the order

Canceling an order placed on our site is not possible. If you wish to return an item, you must follow our returns procedure.

Return of products

You have 14 days after receipt of your order to return your parts for a refund.

Please note that returned items must not have been worn, used or washed. Items must be returned with their label and in their original packaging.

Parts whose label has been detached and which are in poor condition cannot be returned.

BONNESOEURS reserves the right to refuse any return that does not meet these conditions.

Refund

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you if your refund is approved or rejected. If your refund is approved, it will be processed, and a credit will automatically be applied to your credit card or original payment method, within a certain number of days.

Return fees

The return costs are €5. This amount will be deducted from your refund. In the event of an error on our part, the costs are the responsibility of BONNESOEURS.

Return costs are the responsibility of the customer for the EU zone (excluding mainland France).

If returned to the store, no return costs apply.

In the event of multiple consecutive abusive returns, BONNESOEURS reserves the right to cancel a return if the customer already has a dispute with Bonnesoeurs.