TERMS OF SALES
The company LES BOCALISES SARL with a share capital of €100,000, registered with the RCS of SAINT MALO under the number: 8115406810012, Intra-community VAT number: 43811540681, (hereinafter "the Seller") makes available to its Customers via its website https://www.hotel-les-charmettes.com (hereinafter the "Site") of products or services (hereinafter the "Products" or Services"). It is specified beforehand that these General Conditions of Sale (hereinafter the "GTC") govern exclusively the sales of
Products or Services on the Site.
Headquarters: 64 bd Hebert
Phone number: 0299560731
The Internet user visiting the Site and who is potentially interested in the Products and Services offered, is invited to read these T&Cs carefully. He is invited to print them and/or save them on a durable medium, before placing an order on the Site. The Customer acknowledges having read the T&Cs and accepts them in full and without reservation.
Application of the T&Cs
The Seller reserves the right to modify the GCS at any time by publishing a new version of them on the Site. The GCS applicable to the Customer are those in force on the day of his order on the Site. This Site offers the online sale of the following products and services:
Weather vanes, ceramics, toiletries, candles, detergents, garden games, plaids, bags, rings, detergent and perfume, clothing, photographs, paintings, linocuts, food products, furniture, textiles and miscellaneous objects, courses with a specific activity and weekend offer.
Access to the Site is free and free for any Customer. The Customer declares to have read these GCS and to have accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. Ticking this box will be deemed to have the same value as a handwritten signature from the Customer.
The acceptance of these GCS assumes on the part of the Customers that they have the legal capacity necessary for this. If the Customer is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Customer acknowledges the proof value of the Vendor's automatic registration systems and, except for him to provide proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 1 - Price and terms of payment
1.1 - Pricing
The prices of the Products and/or Services are indicated in euros, all taxes included (VAT + other taxes and in particular tax on videograms, eco-contribution, etc.), excluding participation in processing and shipping costs.
LES BOCALISES reserves the right to modify its prices at any time and to pass on, if applicable, any change in the VAT rate in force on the price of the Products or Services offered on the Site.
However, the products will be invoiced on the basis of the rates in force at the time of the validation of the order. The prices are displayed excluding participation in processing and shipping costs.
In the event of an order to a country other than metropolitan France, the Customer is deemed to be the importer of the product(s) concerned. For all products shipped outside the European Union and DROM-COM, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of LES BOCALISES. They will be the responsibility of the Customer and are his full responsibility, both in terms of declarations and payments to the competent authorities and/or bodies in your country. The Customer is advised to inquire about these aspects with his local authorities.
LES BOCALISES is not intended to sell to professionals the products and services sold by
LES BOCALISES are reserved for individuals.
Article 2 - Orders and customer account
2.1 - Customer account
The creation of a customer account is not necessary before placing the order. However, the Customer undertakes to provide sincere and accurate information concerning his marital status and his contact details, in particular his email address when ordering.
2.2 - Terms of payment
The Customer can place an order on this Site and can pay by:
- Bank card
No data relating to the means of payment of the Customer is collected by the Site. Payment is made directly to the bank or payment provider receiving payment from the Client. In the event of payment by check or bank transfer, the delivery times defined in the "Delivery" article of these GCS only begin to run from the date of actual receipt of payment by the Seller, the latter being able to bring proof by all means. Purchase orders and invoices will be archived on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
2.3 - Commands
The Customer can place an order on:
- On the Internet: https://www.hotel-les-charmettes.com
- By phone during LES BOCALISES opening hours - By email to: firstname.lastname@example.org
The contractual information is presented in French and will be the subject of a confirmation containing this contractual information at the latest at the time of your order validation.
2.4 - Payment deadlines
The price is payable in cash, in full on the day of the order.
Article 3 - Validation of the order
The Customer declares to have read and accepted these General Conditions of Sale before placing your order. The validation of his order therefore implies acceptance of these General Conditions of Sale.
Article 4 - Availability
The availability of the Products is indicated on the Site, in the description of each Product.
In the event of unavailability of a product after placing the order, the Customer will be informed. The order will be automatically canceled and no bank debit will be made.
Article 5 - Delivery
5.1 - General
The products are delivered to the delivery address that the Customer will indicate during the ordering process, except for delivery restrictions indicated on the order validation page by the customer. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. In the event of delivery of a Product outside the territory of the European Union and in the DROM-COM, the Customer declares himself the importer of the Product and accepts that in such a case, the Seller may be physically unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested. Unless otherwise stated on the Site during the ordering process or in the description of
Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
5.2 - Delivery times
The delivery time corresponds to the shipping time indicated on the Item sheet to which is added
The processing and delivery time. In the event of delivery by a carrier requiring an appointment to be made with the Customer, the latter will contact the Customer as soon as possible to agree on a delivery appointment, 15 days at the latest from the date of your order validation. LES BOCALISES BY THE CHARMETTES cannot be held responsible for late delivery due exclusively to the unavailability of the customer after several appointments proposed by the carrier. In the event of orders for several products at the same time and that these have different delivery times, the delivery time of the order is based on the most distant deadline. However, LES BOCALISES BY THE CHARMETTES reserves the right to split shipments. Participation in processing and shipping costs will only be charged for a single shipment. In the event of payment by credit or private card and split deliveries, only the products shipped are debited.
The customer is reminded that when he (or a third party designated by him) takes physical possession of the products ordered, the risk of loss or damage to the products is transferred to him.
Article 6 - Errors and delays in delivery
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the return package to ask him what to do with his order. If the Customer has mistakenly refused the parcel, he may ask for it to be returned by first paying the postage for the new shipment. Postal costs must be paid even for orders for which the shipping costs were offered when the order was placed.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
In the event of a delay in dispatch, an email will be sent to the Customer to inform him of a possible delay on the delivery time which has been indicated. In case of late delivery, a new delivery time will be proposed. Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, if no date or deadline is indicated when ordering, greater than thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Customer
Consumer under the conditions applied in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request must be written on his part, sent by registered letter with acknowledgment of receipt if after having ordered the seller to make the delivery, it has not been made. The consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of all the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.
Article 7 - Reception
In the event of reservations about the product delivered (for example: damaged package, already opened, etc.), the Customer must immediately notify the carrier and LES BOCALISES PAR LES CHARMETTES. The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to accede to the Customer's request to exercise the right of refusal.
Article 8 - Performance of the Services
LES BOCALISES undertake to implement all human and material resources to perform the service within -10 () days. These deadlines are provided for information only. However, it can in no way be held responsible for delays in the performance of services caused by faults that are not attributable to it. Any delay in delivery in relation to the date or deadline indicated to the Consumer Customer when ordering or, if no date or deadline is indicated when ordering, greater than thirty (30) days from the conclusion of the contract may lead to the resolution of the sale at the initiative of the Customer
Consumer under the conditions provided for in Articles L 216-2, L 216-3 and L241-1 of the Consumer Code. The request must be in writing on his part, sent by registered letter with acknowledgment of receipt if after having ordered the Seller to make the delivery he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the
Contract has been denounced, of the totality of the sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In the event that the execution of a physical service should not have been carried out or would have been postponed due to an error in the address indicated by the Client, the travel costs of the service provider appointed by the Company to carry out the unsuccessful service will be the responsibility of the Customer. In the absence of reservations or complaints expressly issued by the Customer upon receipt of the Services, these will be deemed to comply with the order in quantity and quality. The Customer will have a period of -17 () from the provision of the Services to issue complaints by any means with all the related supporting documents to the Seller. No complaint can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.
Article 9 - Transfer of ownership – Transfer of risks
Acceptance of the order form by the Seller automatically entails the transfer of ownership of the products ordered. Acceptance of the order form by the Seller automatically entails the transfer of risks on the Products ordered.
Article 10 - Right of withdrawal
10.1 - Legal deadline for the right of withdrawal
In accordance with the legal provisions in force (article L.221-18 of the Consumer Code), the
Customer has a period of 14 days from the placing of the order to exercise his right of withdrawal without having to justify reasons or pay a penalty.
10.2 - Terms of withdrawal
In the event of exercise of the right of withdrawal within the period referred to above, only the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition. In the event of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the product, the responsibility of the Customer may be engaged. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if the latter, due to its nature, cannot normally be returned by post. If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense. To exercise his right of withdrawal, in accordance with the legal provisions, the Customer can find attached in Appendix 2 the standard form of withdrawal to be sent to LES BOCALISES at the following address:
LES BOCALISES LES CHARMETTES 64 BD HEBERT 35400 SAINT MALO. Once the withdrawal form or declaration has been sent to LES BOCALISES no later than 14 days following receipt of your order, the Customer must return the product(s) concerned to LES BOCALISES within a reasonable time and, at the latest, within 14 days from the sending of the form or the declaration of withdrawal to LES BOCALISES.
The request must mention the order concerned by this withdrawal. If the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services to ask them to locate the latter. The Customer may exercise his right of withdrawal by email to the address: email@example.com.
In the event of exercise of the right of withdrawal, LES BOCALISES will reimburse the sums paid no later than 14 days from the date on which LES BOCALISES is informed of your decision to withdraw and using the same means of payment as the one used for the order (unless expressly agreed by the Customer for a refund using another means of payment). This refund date may be deferred until receipt of the product or until the Customer has provided proof of shipment of the product. The Seller is not required to reimburse the additional costs in the event of the choice of a more expensive delivery method than the standard delivery method offered on the Site.
Article 11 - Warranties
11.1 - Product conformity
In accordance with the provisions of the legal guarantees of conformity and hidden defects (referred to in the box below and the texts of which are specified in Appendix 1 of these conditions), LES BOCALISES refunds or exchanges products that are apparently defective or do not correspond to the Customer's order. The Customer must then contact the Seller as soon as possible. The products must be returned in the state in which the Customer received them with all the Elements (accessories, instructions, etc.) in packaging allowing transport in good conditions. Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed on presentation of receipts. It is recalled that within the framework of the legal guarantee of conformity, the consumer Benefits from a period of two years from the delivery of the goods to act vis-à-vis his seller Can choose between the repair or the replacement of the property, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code; is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from March 18, 2016, except for second-hand goods. The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover your property. It is recalled that the consumer can 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 Hypothesis, he can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code. The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this article.
Article 12 - Liability
The Seller's liability can only be engaged in the event of gross, intentional or fraudulent negligence. In all other cases, the Seller's liability can never be sought or engaged by the Customers. The products offered comply with the French legislation in force. LES BOCALISES cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products or services that he plans to order.
In the event of purchases on a professional basis, LES BOCALISES will not incur any liability for any indirect damages as a result of the present, operating loss, loss of profit, loss of opportunity, damages or costs, which may occur as a result of the purchase of products. The Customer is reminded to save the data contained in the products purchased. LES BOCALISES cannot be held responsible for any loss of data, files or damage defined in the previous paragraph. The total or partial impossibility of using the products, in particular due to incompatibility of equipment, cannot give rise to any compensation or reimbursement or questioning of the responsibility of LES BOCALISES.
The products sold by LES BOCALISES have performances compatible with Professional uses even if LES BOCALISES is not intended to be sold to professionals. Consequently, the company cannot be held liable for any prejudice whatsoever resulting from a professional activity. Similarly, LES BOCALISES cannot under any circumstances be held liable for damages resulting from improper use of the Products by the Customer.
Article 13 - Intellectual property
All texts, comments, works, illustrations, works and images reproduced or represented on the Site: LES BOCALISES are strictly reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the intellectual property code, only use for private use subject to different or even more restrictive provisions of the intellectual property code is authorized. Any reproduction or total or partial representation of the Site or of all or part of the elements found on the Site is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected under trademark law. The reproduction or representation of all or part of one of the aforementioned signs is strictly prohibited and must be subject to the prior written authorization of the trademark holder.
Article 14 - Applicable law - Disputes - Processing of complaints - Mediation
Applicable law: This contract is subject to French law. The language of this contract is French. In the event of a dispute, the French courts will have sole jurisdiction.
Processing of complaints: For any complaint, you can contact customer service at the contact details mentioned in the preamble to these conditions.
Attribution of jurisdiction :
In the event of difficulty arising when ordering or delivering items sold on the Site, the Customer will first contact LES BOCALISES to seek an amicable solution. The Customer has the option of using a conventional mediation procedure or any other alternative method of dispute resolution.
Any dispute resulting from the formation, interpretation or execution of this contract will be the exclusive jurisdiction of the courts within the jurisdiction of SAINT-MALO OR RENNES notwithstanding multiple defendants or warranty claims. Notwithstanding the foregoing, in the event of a dispute, in accordance with Regulation No. 44/2001 of December 22, 2000:
- The Customer can seize either the court of the place where he is domiciled, or the French courts,
- LES BOCALISES may apply to the court of the place where the Customer is domiciled.
Mediation of consumer disputes:
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the customer may in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution in the event of a dispute. In this case, the designated mediator is
73 boulevard de Clichy, 75009 Paris
01 49 70 15 93
Online Dispute Resolution Platform:
In accordance with article 14 of Regulation (EU) n°524/2013, an Online Dispute Resolution platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals. of the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Article 15 - Personal data
The personal information and personal data concerning the Customer are necessary for the management of his order and for commercial relations. They can be transmitted to the companies which contribute to these relations such as those in charge of the execution of the services and orders for their management, execution, treatment and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to allow LES BOCALISES to improve and personalize the services offered and the information provided. The processing of information communicated through the Site has been declared to the CNIL number 2132729.
In accordance with the Data Protection Act of January 6, 1978, the Customer has a right of access and rectification and opposition to personal data concerning him. All he has to do is write online to Customer Service or by post to LES BOCALISES 64 boulevard Hebert 35400 St Malo, indicating surname, first name, e-mail address. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the address to which the answer must be sent. A response will then be sent to him within 2 months of receipt of the request.
Article L. 217-4 Consumer Code
The seller is required to deliver 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, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 Consumer Code
The property is in accordance with the contract:
If it is specific to 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 this one has
Presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the declarations
Public information made by the seller, by the producer or by his representative, in particular in the
Advertising or labeling;
Or if it has the characteristics defined by mutual agreement by the parties or is specific to any
Special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L. 217-16 Consumer Code:
When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article 1641 Civil Code
The seller is bound by the guarantee on account of hidden defects in the thing sold which render 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 less if he had known them.
Article 1648 paragraph 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
Annex 2 - Withdrawal form
In case of withdrawal of your order placed on LES BOCALISES, please complete and return this form - except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
For the attention of LES BOCALISES 64 bd Hebert 35400 Saint Malo
I hereby notify you of my withdrawal from the contract relating to the sale of the property / for the presentation of
Ordered on ............................................ / Received on
.................................................. ........................ (*)
Order number: ............................................ ...................................
Name of consumer(s): ........................................ .................................
Address of the consumer(s): ......................................... .................................
Signature of the consumer(s) (only in case of notification of this form on paper):
Date : ................................................ ..........................
(*) Strike out the useless mention