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Conditions de vente


• Identification
Raison sociale   Le Bonheur des Dames
Statut juridique et capital social   Société Anonyme au capital de 160 000 €
Nom responsable   Vessière
Prénom responsable   Gilles
Siège social   63, avenue de la Résistance
Code postal   93100
Ville   Montreuil
Pays   France
Téléphone   01 42 87 70 94
Fax   01 42 87 70 95
E-mail   info@bonheurdesdames.fr
Site web   www.bonheurdesdames.fr
Horaires d'ouverture   9 h à 17 h 30
TVA intra-communautaire   FR 25338183973
Code APE/NAF   4690Z
Num CNIL   1294900
Hébergeur du site   Doyousoft
17 Place Pierre Sémard
34500 Béziers
0467364153

 

TERMS & CONDITIONS

 

Foreword:

The Bonheur des Dames SA is a company registered under the Registre de Commerce in France under No. 33818397300019.

Registered VAT No.

Registered office:  63 Avenue de la Résistance, 93100 Montreuil, France.

Telephone: (33) 01 42 87 70 94                                               Fax: (33) 01 42 87 70 95

E-mail: info@bonheurdesdames.fr

 

Shipment and billing:  Minimum France 80€ net of VAT.

For orders totalling between 80€ and 300€ we add a flat fee of 8.5€ for shipping.

For an order of more than 300€ shipment will be free of charge within continental France.

Shipment and billing: Minimum Europe 120€ net of VAT.

Shipment within Europe of more than 900€ will be free of charge.

Payment by cheque within 45 days to 63 Avenue de la Résistance, 93100 Montreuil, France.

Credit card, bank transfer or full payment by cheque within 8 days;

 

Banks:

IBAN-Nr. : FR76 1820 6002 1521 5905 0600 197
Bank Identifier Code (BIC) : AGRIFRPP882
Account Holder : LE BONHEUR DES DAMES
Paying Bank : CREDIT AGRICOLE – Ile de France – Paris Picpus Nation

 

The Website:

The content of this website is protected by copyright, trademarks, database rights and other intellectual property rights.  You may not reproduce, modify, copy of distribute any of the materials or content of this website without the written agreement of the ‘Bonheur des Dames’.

 

Article 1:  Acceptance of our Terms & Conditions

The client accepts all the present terms and conditions from the time the order is placed, either by clicking on the “place your order” button on line or by post to the address of the company.

Before placing an order please read the information on accepting your order, delivery charges and returns policy.  The pages form an important part of our terms and conditions.

The company the Bonheur des Dames reserves the right to modify the terms and conditions at any time. In this case, the terms and conditions applicable will be those in force at the time of the order.

 

Article 2:  Order Confirmation

In the case of an order made on-line, we must receive payment of the total amount due before your order can be accepted.  Once payment has been received by us, we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide, confirming receipt of the order and the total amount due.

The Bonheur des Dames reserves the right to cancel an order – if this is the case you will be informed by e-mail.  If we do cancel your order we will re-credit to your account any sum deducted by us from your credit card as soon as possible.

In the case of a postal order, you will not receive a confirmation of your order.  Only the cancellation of an order will give rise to the issue of a confirmation by e-mail or postal mail.

The client may only cancel an order on the following grounds:  that the payment was not accepted or that the amount of the order as shown in the confirmation e-mail or postal mail is superior by at least 15% to the price shown on the website of the Bonheur des Dames www.bonheurdesdames.fr

 

 

Article 3:  Offer

The products offered for sale are those shown in the on-line catalogue on our website www.bonheurdesdames.fr

The products are offered for sale within the limit of available stock.

 

Article 4:  Pricing Policy

All prices are shown in Euros and are inclusive of VAT.  We reserve the right to change the price if there is a change to the rate of VAT.

We reserve the right to modify the price of any article at any time.  The sale price will be fixed, however, as the price shown on our website at the time of purchase.  It does not include supplementary delivery charges which, if they apply, will be confirmed at the time of placing the order.

For delivery outside of the E.U., the client must observe and comply with all applicable regulations and legislation – including obtaining all necessary customs, import or other permits, to purchase products from our website.

The price and total weight of the goods ordered will be sent to you after confirmation of your order.

 

Article 5:  Secured on-line Payment

All information provided in connection with the payment of your order is protected against interception by encrypting it and by ensuring the authenticity of the web server to which a connection is established.

The total amount of your order carried out on our website www.bonheurdesdames.fr is that shown on the order confirmation.  By submitting an order to us through our website, you represent and warrant that the payment details provided are valid and that when your order is accepted and processed by us, payment will be made in full.

The client agrees to pay the price of the order made on-line (goods and delivery charges) and also to meet the cost of any import duties or supplementary delivery charges which may be due on importation into the country of the address given for delivery.

Payment may be made by any of the following methods:

1) By credit card: VISA or Eurocard-Mastercard exclusively

For payment on line, the website www.bonheurdesdames.fr uses the secure payment method of Paybox managed by the bank Crédit Agricole utilizing the procedure SSL (Secure Socket Layer).  This method is widely used in electronic payments.  The integrity of the information is ensured by a method of sealing (compression of the message preventing any reading of the data during transmission) and assures the client of the total security of the operation.

The transaction is carried out entirely by the banking network of the Crédit Agricole in such a manner that neither the site, nor any other technical intermediary, can access the details of the credit card given (card number, date of validity and the name of the card holder).  The Crédit Agricole will ensure

*   the authorization request

*   the payment (transfer of the money from the client’s account to that of the Bonheur des Dames) if the authorization is approved.  You will be informed immediately of the status of your payment if it is approved or refused.

This system provides better payment security than that of payment by fax – which we accept also.

 

2)        By postal or bank cheque made out to the order of the Bonheur des Dames at the delivery.

If we do not receive payment within 45 days or in the case where the payment cheque is refused by the bank, the Bonheur des Dames reserves the right to cancel the order.

On request, the client may obtain an invoice showing the delivery address.

In the case of a first professional order placed by a client outside of France, the Bonheur des Dames reserves the right to request payment in full before dispatch of the order.

 

Article 6:  Non-payment

The products ordered remain the property of the Bonheur des Dames until full and final payment of the purchase price in accordance with the terms of Law number 80 335 of 12 May, 1980 (French law).

In case of default of payment, the Bonheur des Dames reserves the right to claim possession of the products ordered.  In this case, and at the request of the Bonheur des Dames, the client agrees to return all unpaid products – transport costs to be borne by the client.

 

Article 7:  Transfer of risk

The client becomes responsible for any damage or defect to products when the order is passed to the postal services or, as the case may be, the delivery service.  The products are transported at the risk of the customer – the same applies to the return of products.

 

Article 8:  Processing of the Order

The order will be processed in the time given on the website and on confirmation of the order.

 

Article 9:  Delivery

(See Clause on the transfer of property.)

The delivery will be made to the delivery address indicated on the order form.

The delivery time will vary depending on the quantities ordered and the destination address.

The delivery time indicated on the website www.bonheurdesdames.fr is purely indicative:  if the delivery date is more than 30 days from the date of the order, then the contract to purchase may be terminated and the purchaser reimbursed.  The delivery is deemed to have been carried out at the time the product is passed to the transporter who will carry out the delivery.  It is imperative that the delivery slip produced by the transporter be signed and dated by the client when the product is delivered.  This signed and dated delivery slip constitutes proof of transport and delivery.

 

Article 10:  Right of withdrawal, reservations, reimbursement and replacement.

The client, individual or legal entity, will benefit from a right of withdrawal of seven days following the date of delivery of their order to return the product to the seller for exchange or reimbursement without any penalty, with the exception of the cost of returning the product.

On delivery, the client must verify the contents of the order – checking the conformity and the state of the products. 

In case of delay, deterioration, total or partial loss, or any other problems, the client may refuse the delivery and it must be indicated precisely on the delivery slip as a handwritten reserve the reason for non-delivery and passed to the transporter at the time of the delivery or, at the latest, three working days following the delivery by registered letter with acknowledgement of delivery a copy of which letter should be sent to the Bonheur des Dames.

In the case of product error, the client undertakes to return the product(s) within a delay of 7 days following their receipt to the company Bonheur des Dames.  On receipt of the returned product(s) in good order, the company Bonheur des Dames will send back, at their cost, the product(s) ordered.

Subject to the right of withdrawal cited in the first line of this present article, no product return will be accepted for colour differences.  Furthermore, we will not accept a return for colour differences between those shown in the on-line catalogue and the true colour of the products and the designs.

In no case will photographs be considered as contractual.

If the goods delivered do not conform to the quantity ordered, the Bonheur des Dames undertakes to carry out a supplementary delivery at their cost, except if the client requests the reimbursement of the non-delivered quantity, and only in this case.

 

Article 11:  Force majeure.

Shall be considered courses of force majeur, other than those regularly cited by the French case law and the French Courts of Law, total or partial strikes, internal or external to the company, blockage of transport or supply for any reason, government or legal restrictions, computer breakdown, telecommunications blockage including networks and internet.

The occurrence of any of those circumstances will suspend, as a first step, the execution of the order.  If, after a period of more than three months, the parties note the persistence of the force majeure, then the order will be automatically cancelled, except in the case of agreement to the contrary by the two parties.

 

Article 12:  Delivery of products in the absence of the client.

In the case of the absence of the recipient at the time of delivery, the services of the French Postal Service will leave a transit advice note at the address indicated by the client.  The products ordered should be collected at the address and following the procedures laid down by the Postal Service, or the transporter.

In case the products are not collected within the time indicated on the transit advice note, the products will be returned to the Bonheur des Dames, which reserves the right to reimburse the purchase price with a discount of at least 20%, the delivery charge remaining the charge of the client.

 

Article 13:  Guarantee

All products to be delivered are systematically verified by the Bonheur des Dames before being sent.  They have been given all necessary treatment to ensure that they conform to the description given on the website, with the exception of the reservations recorded in Article 10.

 

Article 14:  Right of Access

Any personal information in our possession will be used in the processing and delivery of your order and the production of the invoices.

In accordance with the Data Protection Act of January 6, 1978, you have at any time, a right of access, rectification and opposition to all of your personal data by writing a letter, with proof of your identity.  The exercise of this right may be made to the company the Bonheur de Dames, 63, avenue de la Résistance, 93100 Montreuil, France, with proof of your identity (photocopy of identity document).

 

Article 15:  Responsibility

The company Bonheur des Dames operates the website www.bonheurdesdames.fr and undertakes exclusively to comply with all the current legal terms applicable in France.  This being the case, no legal disposition of the country of delivery may be invoked against it, the client being solely responsible for respecting the laws of the country of delivery and must ensure beforehand that the products ordered conform to the standards in effect in the country of delivery.

The company Bonheur des Dames, in the process of on-line sales, is bound by an obligation of means regarding the information it makes available to persons visiting its internet site.  The company cannot be held liable for damages arising from the use of the internet such as loss of data, intrusion, virus or disruption of service or other involuntary problems.

Whatsoever the cause of the responsibility, the company Bonheur des Dames shall be obliged by way of reparation to a single reimbursement of the amount of the order and potential delivery costs.

 

Article 16:  Cookies

To simplify your navigation on the website www.bonheurdesdames.fr, proposes the use of ‘cookies’.  There is no risk whatsoever to your utilization of this system.  It does not allow us to identify you.  On the other hand, cookies allow us to save certain information about your use of our site including the date of your visit, the pages you looked at.  Cookies enable you to access your areas of interest more easily.  In addition, cookies allow us to track the use of our website to determine those areas which are useful or popular and those that are not, thereby enabling us to improve and update our website.

In view of the fact that the information collected from the use of cookies is subjected to data processing, you have the right of access, rectification and opposition as set out in Article 14 above.

 

Article 17:  Electronic signature

The validation of your order by clicking on the ‘Continue’ button, the authentification and protection of the entirety of the messages, constitutes an electronic signature.  This electronic signature has the same value between the parties as a handwritten signature.

 

Article 18:  Proof

The computerised records stored in the computer system of the company Bonheur des Dames in reasonable security conditions will be considered as proof of the transactions, orders and payments between the parties.

 

 

Article 19:  Preservation and archiving.

Preservation and archiving of purchase orders and invoices is made in a reliable and sustainable manner to correspond to a precise copy, pursuant to Section 1348 of the Civil Code.

 

Article 20:  The Contract.

The present general conditions of sale constitute the entire agreement between the parties.  No other particular or general condition put forward by the client may be integrated into these general terms of sale.

 

Article 21:  Applicable Law

Any order involves, automatically and by right, your adherence to our general conditions of sale.

These general conditions of sale, as well as any difficulties of a procedural or other nature which may arise in application of the conditions of sale and the order placed by the client, shall be governed by and construed in accordance with the laws of France.

 

Article 22:  Dispute Settlement

The company the Bonheur des Dames remains at the disposal of its clients in respect of the settlement of all disputes.  In the event of legal proceedings, and in the absence of an amicable settlement between the parties, jurisdiction is given to the appropriate French tribunal for the area in which the registered office of the company is located, notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.

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