Article 1. Application of the General Terms and Conditions of Sale and Legal Notice
These General Terms and Conditions of Sale apply to sales concluded between, on the one hand, any individual of legal age residing in Mainland France or Corsica, making a purchase via the online sales website www.boheme.fr and, on the other hand, SAS BOHÊME France.
As such, they apply by operation of law to all orders placed on the website www.boheme.fr, the exclusive property of SAS BOHÊME France, whose Publishing Director is Mr Jacques RUCHON, Chairman and Chief Executive Officer.
SAS BOHÊME France, registered under number 803 099 555 R.C.S. Annecy.
Registered office address:
8 Bis Route des Creuses
74960 ANNECY – France
Article 2. Products
The product offers available on the website www.boheme.fr are governed by these terms of sale; they remain valid as long as they are online and until stock is exhausted.
The products offered for sale on the website www.boheme.fr are described with the greatest possible accuracy. The photos, texts and drawings associated with the products presented are for information purposes only and are not contractual; minor differences may occasionally exist with the final product delivered to the customer.
Article 3. Order
Any order placed on the website www.boheme.fr 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 procedure below:
1. Product selection: you must select the product you wish to order;
2. Checking the content of your selection: you check the contents of your basket while retaining the possibility of deleting products you have selected;
3. Identification: you must complete the identification form made available to you and provide the requested information (mandatory information: title, surname, first name, address, e-mail, password, telephone number for delivery);
4. Checking your order: you check the contents of your order, the total price, the delivery and billing addresses while retaining the possibility of deleting a product or modifying the billing and delivery address + you choose your method of payment + you must confirm your acceptance of these General Terms and Conditions of Sale by ticking the corresponding box. Validation of the order is only possible after this box has been ticked;
5. Redirection to the BCME bank website for secure payment (SSL): you must enter the bank details required for payment. Your account will be debited within 2 days following your order;
6. Acknowledgment of receipt of the order: you will receive an e-mail summarising the content of your order, namely:
- the number of your order;
- the bank transaction number;
- the list of products ordered;
- the delivery terms.
We recommend that you keep and print this document, which is the official proof of your order. Your order is then recorded and processed by our sales administration department, which checks the availability of the product(s) ordered. Any order placed implies acceptance of the prices and descriptions of the products available for sale. boheme.fr undertakes to honour orders received on its website only within the limits of available stocks.
In the event that the products ordered are unavailable, SAS BOHÊME France will contact you by telephone or e-mail as soon as possible to agree with you on how to proceed with your order:
- shipment of the available product(s) within a new approximate delivery period, or
- cancellation and refund of the order.
In the event of a reduction or cancellation of an order (due to the unavailability of product(s)), the amount of your bank transaction (carried out via the secure website of our partner BCME) will be modified or cancelled accordingly so as to match the items ultimately ordered.
7. Confirmation of shipment of the order: you will receive an e-mail summarising the content of your order and confirming that your order has been dispatched. The contract is deemed to be concluded on the date this e-mail is sent.
Tracking your order:
If you wish to obtain information on the tracking of your order, please refer to your Boheme customer account in the “My account / Order” section on the website www.boheme.fr. You will also receive information by e-mail concerning the various stages of the processing and preparation of your order until it is dispatched.
Article 4. Prices – Terms of payment and security
The applicable prices are those in force on the day the order is placed. All our prices are indicated in euros, including VAT (TTC), excluding any contribution to preparation and delivery costs. Delivery charges will be indicated in the "basket" when the order is validated.
SAS BOHÊME France reserves the right to modify its prices at any time, but products are invoiced on the basis of the prices in force at the time the order is validated by the customer.
Delivery charges are indicated along with the presentation of each product or service.
Terms of payment:
By bank card (Visa, CB, Mastercard): in this case, payment is made on the BCME website. This means that no banking information concerning you passes through the website www.boheme.fr.
Payment by bank card is therefore completely secure (SSL). Your order will then be recorded and validated as soon as the payment is accepted by the banking service.
Security:
Your credit card details are encrypted using the SSL (Secure Socket Layer) protocol and never travel unencrypted over the network. Payment is made directly to the bank. SAS BOHÊME France never has access to these details and does not store them on its servers.
Retention of title clause:
The products remain the property of SAS BOHÊME France until full payment of the price has been received by SAS BOHÊME France. However, from the time of delivery, the risks relating to the goods delivered are transferred to the customer.
Non-payment:
SAS BOHÊME France reserves the right to refuse to make a delivery or to honour an order from a consumer with whom a payment dispute is in progress.
Anti-fraud checks:
In order to ensure the security of transactions and to meet the concerns of the greatest number of people in preventing fraud in distance selling, SAS BOHÊME France carries out checks on orders that have been validated on its online sales website www.boheme.fr. These checks are intended to protect SAS BOHÊME France from abusive practices in the area of remote payments. As part of these control procedures, our departments may ask you to send documents necessary for releasing your order: proof of identity, proof of address, proof of debit in your name, etc.
These requests are made by e-mail, and we invite the customer to send us these supporting documents by e-mail or fax (the aim being to ensure the reality of the identity and address [for example an electricity bill, a telephone bill, a copy of an identity document…]) so that the order can be delivered. In the absence of such supporting documents, or if the documents sent do not make it possible to confirm the identity of the person placing the order and the reality of the address, we would be obliged to cancel the order in order to guarantee the security of online transactions.
Article 5. Delivery terms
General:
Products purchased on www.boheme.fr are delivered only in Mainland France and Corsica. Products are delivered to the delivery address you indicated to us during the ordering process. The indicated time frames are average time frames and correspond to the time required to produce, process, prepare and transport your order. For parcel tracking reasons, it is impossible for us to deliver orders to military bases or other army premises.
Delivery time:
For all products, the order is prepared for dispatch from our warehouses within a maximum period of 72 hours (subject to stock availability) from the confirmation of your order by e-mail. Delivery is then carried out by carrier within an approximate average period of 3 to 4 working days. The average time observed between an order and its delivery is 4 to 6 working days.
This is an average time frame depending on the destination and availability of the product ordered. Exceeding this time frame may not give rise to any cancellation of the order, any reduction in the price paid by the buyer, or any payment of damages.
The specific nature of the products of SAS BOHÊME France, and in particular “custom” and “made-to-measure” products, will give rise to confirmation of the delivery period by SAS BOHÊME France for each order.
However, and in accordance with the provisions of Article L.121-20-3 of the French Consumer Code, if delivery has not taken place by the end of a period of thirty days from the day after you placed your order, you will have the option of cancelling your order at no cost. Any sums you have paid will then be refunded to you.
In cases where it is able to do so, SAS BOHÊME France reserves the right to offer you a product of equivalent quality and price to the original product.
Delivery and complaints:
Only deliveries in Mainland France and Corsica are possible. As a general rule, all parcels are shipped via Colissimo or Fedex.
Delivery is made to the delivery address indicated by the customer during the ordering process. If the recipient is absent at the time of delivery by the carrier, the delivery person will leave a delivery notice in the recipient’s letterbox. The recipient must then collect the parcel from the address indicated on the delivery notice (or post office).
A delivery note is attached to your parcel. We advise you to keep it, as it will serve as proof of delivery.
You must check that the goods delivered conform at the time of delivery and before signing the carrier’s delivery note. You must indicate on this delivery note, in the form of handwritten reservations accompanied by your signature, any anomaly concerning the delivery (damaged product, etc.). This verification is considered to have been carried out as soon as you, or a person of your choice, have signed the delivery note. No claim relating to the condition of the parcel(s) delivered will then be admissible.
In the event of reservations, you must also confirm these reservations to the carrier by registered letter no later than three working days following receipt of the item(s) and send a copy of this letter to the SAS BOHÊME France Customer Service department at the address given in Article 10.
In the event of an incomplete address, incorrect address, refusal of the parcel by the recipient or lack of information resulting in the impossibility of delivering the product to the recipient on time, SAS BOHÊME France cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, SAS BOHÊME France will be entitled to ask you to pay the costs corresponding to this second delivery.
In the event of the recipient’s absence, SAS BOHÊME France cannot be held responsible for the final quality of the delivery.
Any complaint concerning the delivery of products must be made within 7 working days following the day of delivery. Products must be returned in their original condition (packaging, accessories, etc.) to the address indicated in Article 10.
SAS BOHÊME France provides you with a customer service department which can be contacted during working hours, by telephone, by e-mail or by post.
Article 6. Right of withdrawal
Under Article L.121-20-1 of the French Consumer Code, the buyer may request reimbursement of all sums paid in connection with the order, within 7 days. If this is not a return of a defective item, this refund does not include return costs, as these do not constitute sums paid when placing the order.
Prior to any return, the customer must inform SAS BOHÊME France’s customer service department of their intention to exercise their right of withdrawal under the following terms:
- The customer will request a return number by contacting Customer Service by e-mail at contact@boheme.fr or by post at the address shown 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 when the order was confirmed) bearing the return number allocated by e-mail by our Customer Service and the delivery note (enclosed with the parcel upon delivery). Products returned incomplete, damaged, deteriorated or soiled will not be taken back.
Article 7. Warranty and After-Sales Service
In accordance with Articles L211-4 and following of the French Consumer Code and Articles 1641 to 1649 of the French Civil Code, the seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time the goods are delivered. Thus, in accordance with the provisions of the French Consumer Code, the item 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 warranties do not cover abusive use, wear and tear 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’s After-Sales Service. The invoice will be required, as well as the warranty card associated with the product. After verification, and in accordance with the provisions of Articles L211-9 and L211-10 of the French Consumer Code, the defective item will either be repaired or replaced.
Boheme’s After-Sales Service can be reached by e-mail at: contact@boheme.fr
Article 8. Data protection and privacy
Providing personal information about you is essential for processing and delivering your orders. The ordering process on the website
www.boheme.fr requires the creation of a customer account in which your information is stored and protected by a password of your choice.
This information is strictly confidential and intended exclusively for SAS BOHÊME France for the purpose of processing your orders. It will be processed in strict compliance with the provisions of the French Data Protection Act of 6 January 1978.
In accordance with this law, the processing of personal data collected on the website
www.boheme.fr has been declared to the CNIL under number 1454859.
You may, at any time, access, modify, correct and delete data concerning you. To exercise this right, go to the "My account" section, log in and access your personal data to correct or modify it. You may also make this request to our web department by e-mail at: contact@boheme.fr or by post to the following address:
SAS BOHÊME France - Service WEB – 8 Bis Route des Creuses 74960 ANNECY – France
When creating your account on the website www.boheme.fr, SAS BOHÊME France also gives you the option of receiving by e-mail, via the "Boheme Newsletter", information about exclusive offers, special promotions, new products and competitions organised by SAS BOHÊME France. You may decide at any time to stop receiving 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 published on the website www.boheme.fr are the exclusive property of SAS BOHÊME France and are reserved for the use of SAS BOHÊME France. Consequently, they may not be reproduced, exploited or used in any way 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 dispatch and tracking, as well as for questions relating to products, the loyalty card and promotional offers:
- By telephone: Customer Service: +33(0)4 58 10 15 27
- by e-mail at: contact@boheme.fr
Delivery
You can contact our Delivery and Technical Service if you encounter a problem with the items received:
From Monday to Thursday from 8:00 a.m. to 12:00 p.m. and from 1:30 p.m. to 5:30 p.m. and from 8:00 a.m. to 12:00 p.m. on Friday
- By post: SAS BOHÊME France - Service WEB – 8 Bis Route des Creuses 74960 ANNECY – France - Tel: +33(0)4 58 10 15 27
- by e-mail at: contact@boheme.fr
Article 11. Liability
The liability of SAS BOHÊME France may not be incurred for any events, inconveniences or damages inherent in the use of the Internet, particularly in the event of service interruption, external intrusion or the presence of computer viruses.
Furthermore, SAS BOHÊME France cannot be held liable for the non-performance of the contract concluded in the event of unforeseen circumstances, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flooding or fire. SAS BOHÊME France shall not incur any liability for any indirect damage arising from these terms, loss of operation, loss of profit, damage or costs that may occur.
Article 12. Applicable law – Disputes
SAS BOHÊME France is a company governed by French law. The law applicable to our contractual relations is French law. In the event of a dispute, the French courts shall have jurisdiction.