These Terms and Conditions of Sale (hereinafter the “Agreement”) governing orders placed on the www.boheme.fr website (the “Web Site”) are hereby entered into between:
1. On the one hand, BOHEME Sarl (hereinafter “Boheme“, “We”, “Us”, “Our” or the “Vendor”), a French société à responsabilité limitée whose share capital is 60.000 euros, whose registered address is 220 chemin du Polonais, 38660 Lumbin, France, registered with the Registry of Trade and Companies of Grenoble, France, under no. B 450 949 102, whose European VAT number is FR55450949102, telephone number: +33 (0)4 76 72 14 63, represented by Mr. Dominique Reynaud,
2. And on the other hand, any natural person who is not a trader and who resides in one of the territories listed in article 1.3 below (hereinafter the “User”, “You”, “Your” or the “Customer(s)”) who wishes to make, is making or has made a purchase (hereinafter the “Order(s)”) of goods or services which the Vendor offers for sale on the Web Site, on a strictly personal basis and not for commercial, charitable or trade purposes, nor for the purposes of resale or transfer whether free of charge or in return for consideration.
The Vendor and the Customer shall be referred to individually as a “Party” and collectively as the “Parties” for the purposes of this Agreement.
The Parties hereby agree that their relationship concerning the preparation, conclusion and performance of any Order shall be governed by the Agreement entered into by the Customer upon placing an Order as well as by the Terms and Conditions governing the Use of the Web Site which apply upon placing any Order and which shall be deemed to constitute, together with this Agreement, a single indivisible contractual whole governing the relationship between the Parties, to the exclusion of any previous version of contractual terms available on the Web Site. Should any issue necessary to the performance or the interpretation of this Agreement not be expressly mentioned in this Agreement, it shall be deemed to be governed by the rules and common practice which are applicable to distance sales companies based in France.
Article 1. Application of the General Terms and Conditions of Sale and Legal Mentions
These General Terms and Conditions of Sale apply to sales concluded between, on the one hand, any adult private individual residing in Metropolitan France or Corsica, making a purchase through the online sales site www.boheme.fr and, on the other hand, BOHEME Sarl
As a result, they apply automatically to all orders placed on the website www.boheme.fr, exclusive property of BOHEME Sarl and whose Publication Director is Mr Dominique Reynaud, Chairman and CEO.
BOHEME SARL, a limited liability company with a capital of 60,000 €, registered with the R.C.S. of Grenoble under number B 450 949 102 (intra-community VAT number: FR55450949102).
Registered office address:
220 chemin du Polonais
F- 38660 Lumbin
Article 2. Products
The product offers proposed on the www.boheme.fr website are governed by these sales conditions; they are valid as long as they remain online until stock runs out.
The products offered for sale on the www.boheme.fr website are described with the greatest possible accuracy. The photos, texts and drawings associated with the products presented are for indicative purposes only and are not contractual; minor differences may sometimes exist with the final product delivered to the customer.
Article 3. Order
Any order placed on the www.boheme.fr website constitutes express acceptance of these General Terms and Conditions of Sale and acceptance of the prices and products available for sale.
Order process:
The customer who wishes to place an order must follow the following procedure:
1.Product selection: you must select the product you wish to order ;
2.Verification of your selection content: you check the content of your basket while retaining the possibility of deleting the products you have selected ;
3.Identification: you must fill in the identification form provided and indicate the requested information (mandatory information: title, last name, first name, address, e-mail, password, telephone number for delivery) ;
4.Verification of your order: you verify the content of your order, the total price, the delivery and invoicing addresses while retaining the possibility of deleting a product or modifying the invoicing and delivery address + you choose your payment method + you must confirm your acceptance of these general terms and conditions of sale by checking the corresponding box. Order validation is only possible after checking this box ;
5.Redirect to the BCME bank website for secure payment (SSL): you must indicate the bank details required for payment. Your account will be debited within 2 days following your order ;
6.Order acknowledgment: you will receive an e-mail summarizing the content of your order, namely:
- your order number ;
- the bank transaction number ;
- the list of ordered products ;
- delivery terms
We advise you to keep and print this document, official proof of your order. Your order is then registered and processed by our sales administration which verifies the availability of the ordered product(s). Any order placed constitutes acceptance of the prices and descriptions of the products available for sale. boheme.fr undertakes to honor orders received on its website only within the limits of available stock.
In case of unavailability of the ordered products, BOHEME Sarl will contact you by phone or e-mail as soon as possible, in order to agree with you on the outcome of your order :
- shipment of the available product(s) within a new approximate delivery time, or
- cancellation and refund of the order.
In the event of a reduction or cancellation of an order (due to unavailability of product(s)), the amount of your bank transaction (effected via the secure website of our partner BCME) will be modified or canceled accordingly to match the articles finally ordered.
7.Order shipment confirmation: you will receive an e-mail summarizing the content of your order and confirming the shipment of your order. The contract is deemed concluded on the date of sending this e-mail.
Order tracking:
If you wish to obtain information on tracking your order, please refer to your Boheme customer account under "My account / Order" on the www.boheme.fr website. You will also receive information by e-mail concerning the different stages of the processing and preparation of your order until its shipment.
Article 4. Prices - Payment Methods and Security
The prices applied are those in force on the day of the order. All our prices are indicated in euros, VAT included (TTC), excluding participation in preparation and delivery costs. Delivery costs will be mentioned in the "basket" during order validation.
BOHEME Sarl reserves the right to modify its prices at any time but the products are invoiced on the basis of the rates in force at the time of order validation by the client.
Delivery costs are mentioned with the presentation of each product or service.
Payment methods:
By credit card (Visa, CB, Mastercard): in this case, payment is made on the BCME website. This implies that no banking information concerning you transits via the www.boheme.fr website.
Payment by credit card is therefore perfectly secure (SSL). Your order will thus be registered and validated upon acceptance of payment by the banking service.
Security:
Your credit card details are encrypted thanks to the SSL (Secure Socket Layer) protocol and never transit unencrypted on the network. Payment is directly made to the bank. BOHEME Sarl has no access to these details in any case and does not keep them on its servers.
Retention of title clause:
Products remain the property of BOHEME Sarl until full payment of the price by BOHEME Sarl. However, from the moment of delivery, the risks of the delivered goods are transferred to the customer.
Default of payment:
BOHEME Sarl reserves the right to refuse to make a delivery or to honor an order from a consumer with whom a payment dispute is ongoing.
Anti-fraud controls:
In order to ensure the security of transactions and to meet the concern of the greatest number to prevent fraud in distance selling, BOHEME Sarl carries out checks on orders that have been validated on its online sales site www.boheme.fr. These controls aim to protect BOHEME Sarl from abusive practices in distance payments. Within the framework of these control procedures, our services may be led to ask you to transmit documents necessary to unblock your order: proof of identity, address, debit in your name, etc...
These requests are made by e-mail and we invite the customer to transmit these supporting documents by e-mail or by Fax (the aim being to ensure the reality of the identity and domicile [for example an EDF receipt, a telephone bill, a copy of an identity document, etc.]) for the delivery of his order. Failing to provide supporting documents or if the documents sent do not make it possible to ensure the identity of the order's author and the reality of the domicile, we would be obliged to cancel the order to guarantee the safety of online transactions.
Article 5. Delivery Methods
General:
Products purchased on www.boheme.fr are delivered only in Metropolitan France and Corsica. Products are delivered to the delivery address you indicated during the order process. The times indicated are average times and correspond to the production, processing, preparation, and shipping times of your order. For package tracking reasons, it is impossible for us to deliver orders to military bases or other military premises.
Delivery time:
For all products, the order is prepared for departure from our warehouses within a maximum of 72 hours (subject to stock availability) from the e-mail confirmation of your order. Delivery is then carried out by carrier within an approximate average of 3 to 4 working days. The average observed time between an order and its delivery is 4 to 6 working days.
This is an average time depending on the destination and availability of the ordered product. Exceeding this period cannot give rise to any cancellation of the order, any reduction in the price paid by the buyer, or any payment in damages.
The specificity of BOHEME Sarl products and in particular "custom" and "made-to-measure" products will give rise to a confirmation of the delivery time by BOHEME Sarl for each order.
However, and in accordance with the provisions of Article L.121-20-3 of the Consumer Code, failing delivery at the expiration of a period of thirty days from the day following your order, you will have the possibility to cancel your order free of charge. The sums you have paid will then be reimbursed to you.
In cases where it has the capacity, BOHEME Sarl reserves the possibility of offering you a product of equivalent quality and price to the initial product.
Delivery and claims:
Only deliveries in Metropolitan France and Corsica are possible. Generally, all packages are shipped via Colissimo or Fedex carrier.
Delivery is made to the delivery address indicated by the customer in the order process. In case of absence of the recipient at the time of delivery, within the framework of delivery ensured by the carrier, the delivery person will leave a delivery notice in the recipient's mailbox. The latter will then have to pick it up at the address specified on the delivery notice (or post office).
A delivery note is attached to your package. We advise you to keep it, it will serve as proof of delivery.
You must check the conformity of the merchandise delivered at the time of delivery and before signing the carrier's delivery note. You must indicate on this delivery note and in the form of handwritten reservations accompanied by your signature any anomaly concerning the delivery (damaged product...). This verification is considered carried out as soon as you, or a person of your choice, have signed the delivery note. No claim on the condition of the delivered package(s) will then be admissible.
In case of reservations, you must also confirm these reservations to the carrier by registered mail at the latest within three working days following receipt of the item(s) and transmit a copy of this mail to the BOHEME Sarl Customer Service whose address is given in Article 10.
In case of incomplete address, wrong address, refusal of the package by the recipient or lack of information leading to an impossibility to deliver the product to the recipient in time, BOHEME Sarl cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, BOHEME Sarl will be entitled to ask you for the costs corresponding to this second delivery.
In case of absence of the recipient, BOHEME Sarl cannot be held responsible for the final quality of the delivery.
Any claim concerning the delivery of products must be made within 7 working days following the day of delivery. The products must be returned in their original condition (packaging, accessories,...) to the address indicated in Article 10.
BOHEME Sarl makes available to you a customer service accessible during business hours, by telephone, by e-mail or by mail.
Article 6. Right of Withdrawal
According to Article L.121-20-1 of the Consumer Code, the buyer can request the refund of all sums paid related to his order, within 7 days. If it is not a return of a defective item, this refund does not include return costs, as they do not constitute sums paid during the order.
Prior to any return, the customer must indicate his intention to exercise his right of withdrawal to the customer service of BOHEME Sarl according to the following terms:
- The customer will request a return number, by contacting the Customer Service by e-mail at contact@boheme.fr or by mail to the address appearing in article 10. The return will be made to this same address.
- This right of return can only be accepted for complete products, in their original condition with a copy of the purchase invoice (received by e-mail during the confirmation of the order's acknowledgment) filled in with the return number assigned by e-mail by our Customer Service and the delivery note (attached to the parcel upon delivery). Products returned incomplete, damaged, or soiled will not be taken back.
Article 7. Warranty and After-Sales Service
In accordance with articles L211-4 et seq. of the Consumer Code and articles 1641 to 1649 of the Civil Code, the seller is bound to deliver a good conforming to the contract and is responsible for defects in conformity existing at the time of delivery of the good. Thus, in accordance with the provisions of the Consumer Code, the article you have chosen is guaranteed against any manufacturing defect for a period of 2 years from the date of delivery. It also benefits from the warranty against hidden defects. These guarantees do not concern abusive use, wear or damage resulting from improper use of the product. If your product is defective or non-compliant, do not hesitate to return it to Boheme After-Sales Service. The invoice will be required as well as the warranty bond associated with the product. After verification and in accordance with the provisions of articles L211-9 and L211-10 of the Consumer Code, the defective article will either be repaired or replaced.
The Boheme After-Sales Service can be reached by email at : contact@boheme.fr
Article 8. Data Protection Provisions
The provision of your personal information is essential for the processing and delivery of your orders. The order process on the site
www.boheme.fr requires the creation of a customer account in which your information is stored and protected by a password that you will choose.
This information is strictly confidential and is intended for BOHEME Sarl exclusively for the needs of processing your orders. It will be processed in strict compliance with the provisions of the Law "Informatique et Libertés du 6 janvier 1978".
In accordance with this law, the processing of personal data collected on the site
www.boheme.fr has been declared to the CNIL under number 1454859.
At any time, you have the right to access, modify, rectify and delete data concerning you. To exercise this right, go to the "my account" section, identify yourself and access your personal data to correct or modify them. You can also make a request to our web service, by e-mail: contact@boheme.fr or by mail to the following address :
BOHEME Sarl - Service WEB – 332 chemin des Longs Prés - 38660 Lumbin.
When creating your account on the www.boheme.fr website, BOHEME Sarl also offers you the possibility of receiving by e-mail, via the "Boheme Newsletter", information on exclusive offers, special promotions, new products, contests organized by BOHEME Sarl. You can decide, at any time, to no longer receive this "Boheme Newsletter" by unsubscribing via the unsubscribe link included at the bottom of the e-mail.
Article 9. Intellectual Property
All documents, information texts, graphics, images, photographs or any other content disseminated on the www.boheme.fr website, are the exclusive property of BOHEME Sarl and are reserved for the use of BOHEME Sarl. Consequently, they cannot be reproduced, exploited, or used for any purpose whatsoever.
Article 10. Customer Service and Delivery
Customer Service
You can contact Customer Service by e-mail or by telephone for any question relating to your order, its shipment and its follow-up as well as for questions relating to products, the loyalty card and promotional offers :
- By telephone : Customer Service : 06 07 44 20 04
- by e-mail to : contact@boheme.fr
Delivery
You can contact our Delivery and Technical Service, if you encounter a problem on the articles received :
Monday to Thursday from 8:00 am to 12 pm and from 1:30 pm to 5:30 pm and from 8:00 am to 12 pm on Friday
- By mail : BOHEME Sarl - Service WEB – ZI Les Fontaines - 26120 Chabeuil - Tel : 06 07 44 20 04
- by e-mail to : contact@boheme.fr
Article 11. Liabilities
The liability of BOHEME Sarl cannot be engaged for any events, inconveniences or damages inherent in the use of the Internet network, notably in case of service interruption, external intrusion or presence of computer viruses.
Furthermore, BOHEME Sarl cannot be held responsible for the non-execution of the contract concluded in case of fortuitous situation, force majeure, disturbance or total or partial strike notably of postal services and means of transport and/or communications, flood, fire. BOHEME Sarl will not incur any liability for all indirect damages due to these presents, loss of operation, loss of profit, damages or expenses, which could occur.
Article 12. Applicable Law – Disputes
BOHEME Sarl is a company under French law. The law applicable to our contractual relations is French law. In case of dispute, French courts will be competent.