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TERMS OF SALES

 

Between the self-employed company BohO'mood,
22 avenue Arletty
  78390 Bois d'Arcy,
registered in the Trade and Companies Register, under SIRET number 84263865200011, VAT not applicable, article 293B of the CGI, represented by MISS CNUDDE Hélène
as a freelancer, duly authorized for the purposes hereof through the BohO'mood.fr e-commerce site


The BohO'mood company  can be reached by email by clicking on the contact form accessible via the menu at the top right of the site.


Hereinafter the "Seller", the natural or legal person proceeding to the purchase of products from the Seller, hereafter, "the Buyer", or "the Customer"


It was explained and agreed as follows:


PREAMBLE


The Seller is a publisher of interior decoration products   for consumers,

marketed through its  site  Internet (http://bohomood.fr  ). The list and the  description of the goods and services offered by the Company can be consulted on the websites  aforementioned.

 


Article 1: object


These General Conditions of Sale determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General provisions


These General Terms and Conditions of Sale (GTC) govern the sale of Products or services, made through the  BohO'mood websites, and are an integral part of the contract between the Buyer and the Seller. They are fully opposable to the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these at any time by publishing a new version on its website. The GCS then applicable are those in force on the date of payment (or the first payment in the event of multiple payments) of the order.

These T&Cs can be viewed on the Company's website at the following address:

www.bohomood.fr


The Company also ensures that their acceptance is clear and unreserved by setting up a checkbox and a validation click.

The Customer declares to have read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and to accept them without restriction or reservation.

The Customer acknowledges that he has received the necessary advice and information to ensure
the adequacy of the offer to its needs.


The Customer declares to be able to legally contract under French law or
validly represent the natural or legal person for whom he is committing.
Unless proven otherwise, the information recorded by the Company constitutes proof of
all transactions.

 


Article 3: Price


The prices of products sold through the  site  Internet are indicated in Euros precisely determined on the Product description pages.

They are also indicated in euros, all taxes included (VAT + other possible taxes) on the product order page, and excluding specific shipping costs.

For all products shipped outside the European Union and/or DOM-TOM, the price is calculated automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller.
They will be the responsibility of the buyer and are his responsibility (declarations, payment to
competent authorities, etc.).

The Seller therefore invites the buyer to find out about these
aspects with the corresponding local authorities.

The Company reserves the right to
modify its prices at any time for the future. The telecommunications costs necessary to
access to the Company's websites are the responsibility of the Customer.

Where applicable also the delivery costs.
 

Article 4: Conclusion of the online contract


In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series
steps to conclude the contract electronically to be able to place an order:

 

  • Information on the essential characteristics of the Product;

  • Choice of Product, if applicable  where appropriate, of its options - Indication of the Customer's essential contact details (identification, email,  address...)

  • Acceptance of these General Conditions of Sale

  • Verification of the elements of the order (double click formality) and, if necessary, correction  errors. Before proceeding with its confirmation, the Buyer has the possibility of checking the details of  his order, his price, and to correct any errors, or cancel his order. The  confirmation of the order will constitute the formation of this contract.

  • Tracking  instructions for payment, payment for the products, then delivery of the order. The customer  will receive confirmation by e-mail of the payment of the order, as well as an acknowledgment  receipt of the order confirming it. He will receive a .pdf copy of these  Terms of Sales.

 The customer will have during his ordering process the possibility of identifying

any errors made in data entry and to correct them.

The language proposed for the conclusion of the contract is the French language.
For the purposes of proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Customer undertakes to provide its true identification elements.


The Seller reserves the right to refuse the order, for example for any request
abnormal, carried out in bad faith or for any legitimate reason.


Article 5: Products and services


The essential characteristics of the goods, services and their respective prices are made available
buyer's disposal on the
  site  the company's Internet, as well as, where applicable, the
how to use the product.

In accordance with article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display or by any other appropriate process, of the prices and special conditions of sale and execution of the services before any conclusion of the sales contract.

In all cases, the total amount owed by the Buyer is indicated on the order confirmation page.

The selling price of the product is that in force indicated on the day of the order, this one not including the shipping costs invoiced in addition.

These possible costs are indicated to the Buyer during the sales process, and
in any event at the time of confirmation of the order.

The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.


When the products or services are not executed immediately, clear information is
given on the product presentation page as to the delivery dates of the products or
services.

The customer certifies having received a detail of the delivery costs as well as the terms of
payment, delivery and performance of the contract, as well as detailed information relating to
the identity of the seller, his postal, telephone and electronic contact details, and his activities
in the context of this sale.

The Seller undertakes to honor the Customer's order
only within the limit of available Product stocks.

Failing this, the Seller informs the Customer; if the order has been placed, and failing agreement with the Customer on a new delivery date, the Seller shall reimburse the Customer.


The contractual information is presented in detail and in French.

The parties agree that the illustrations or photos of the products offered for sale have no contractual value.

The period of validity of the offer of the Products as well as their prices is specified on the
site
  Internet of the Company, as well as the minimum duration of the contracts offered when these
relate to a continuous or periodic supply of products or services.

Except for special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the communicated email address).


Section 6: Compliance

In accordance with article L.411-1 of the Consumer Code, the products and services offered
for sale through these GCS meet the requirements in force relating to the
the safety and health of people, the fairness of commercial transactions and the protection
consumers.

Independently of any commercial guarantee, the Seller remains liable for the
defects of conformity and hidden defects of the product.
In accordance with article L.217-4, the seller delivers goods that comply with the contract and is liable for
defects of conformity existing at the time of delivery.

It also responds to defects in  conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.

In accordance with the legal provisions on compliance and hidden defects (art. 1641 c.
civ.), the Seller refunds or exchanges defective products or products that do not correspond to the
ordered.

Reimbursement can be requested as follows:  In accordance with article L.121-20 and following of the Consumer Code, you have a period of 14 working days from the date of delivery of your order, to return any item that does not suit you, in its original packaging and new, suitable for its remarketing and request the exchange and this without any costs, with the exception of the return costs. Custom-made models are neither exchangeable nor refundable. The return must be sent with a tracking number in order to follow the traceability of the package. The refund will be made within 30 working days of receipt of the package.


Article 7: Retention of title clause


The products remain the property of the Company until full payment of the price.
 

Article 8: Terms of delivery


The products are delivered to the delivery address which was indicated during the order and in
the times indicated.

These deadlines do not take into account the time taken to prepare the order.

In the event of late delivery, the Customer has the possibility of terminating the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller then reimburses the product and the "one-way" costs under the conditions of Article L 138-3 of the Code
consumption.

The Seller provides a telephone contact point (cost of a
local communication from a landline) indicated in the order confirmation email
in order to ensure the follow-up of the order.

The Seller reminds that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to him. It is up to the Customer to notify the carrier of any reservations about the product
book.


Article 9: Availability and presentation


In case of unavailability of an item for a period of more than 30  working days, you
you will be immediately informed of the foreseeable delivery times and the order of this article
can be canceled on request.

The Customer may then request a credit note for the amount of the item or its full refund and cancellation of the order.


Article 10: Payment


Payment is due immediately upon ordering, including for products in
pre-order.

The Customer can make payment by credit card or bank cheque.
Cards issued by banks domiciled outside France must be
international bank cards (Mastercard or Visa).

Secure online payment by card  banking is carried out by our payment service provider. The information transmitted is encrypted in the state of the art and cannot be read during transport on the network.

Once the payment has been initiated by the Customer, the transaction is immediately debited after
verification of information.

In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating information  during the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale is immediately resolved as of right and the order cancelled.

Article 11: Withdrawal period


In accordance with the provisions of article L 221-5 of the Consumer Code, the Buyer
has the right to withdraw without giving any reason, within fourteen (14) days from the
date of receipt of his order.
The right of withdrawal can be exercised by contacting the Company as follows: via the contact form on the bohomood.fr website

In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.

Returns of products must be made in their original condition and complete (packaging, accessories, instructions,  if possible, they must be accompanied by a copy of the proof of purchase.

In accordance with legal provisions, you will find below the standard withdrawal form to be sent to the following address: Boho'mood, Cnudde Hélène, 22 avenue Arletty 78390 Bois d'Arcy 

Refund procedure: the refund is made by check within 7 working days after receipt of the product  return.


Article 12: Warranties


In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to the
hidden defects of the products.

The Seller reimburses the buyer or exchanges the products
apparently defective or not corresponding to the order made.

The refund request must be made as follows: request to be sent via the contact form on bohomood.fr 

The Seller reminds that the consumer:

  • has a period of 2 years from the  delivery of the goods to act with the Seller

  • that he can choose between replacing  and the repair of the property subject to the conditions provided for in the aforementioned provisions.

  • apparently faulty or mismatched 

  • that he is exempt from providing proof

  • the existence of the lack of conformity of the good during the six months following the delivery of the good.

  • that this period will be extended to 24 months from March 18, 2016

  • that the consumer can also assert the guarantee against hidden defects of
    the thing sold within the meaning of article 1641 of the civil code and, in this case, he can choose
    between the resolution of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code)


Article 13: Complaints and mediation

 

If necessary, the Buyer may submit any complaint by contacting the company by means of
the following contact details by mail
  :
Bohomood, Cnudde Hélène, 22 avenue Arletty 78390 Bois d'Arcy


In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the
consumer is informed that he can have recourse to a consumer mediator in the
conditions provided for in Title I of Book VI of the Consumer Code.
In the event of failure of the complaint request with the Seller's customer service, or in
the absence of a response within two months, the consumer may submit the dispute to
a mediator who will attempt in complete independence to bring the parties together in order to obtain
an amicable solution.


Article 14 : termination of the contract

The order can be resolved by the buyer by registered letter with request for advice from
reception in the following cases:

  • delivery of a product that does not conform to the characteristics of the

ordered

  • delivery exceeding the deadline fixed at the time of the order or, in the absence of a date,  L

within thirty days of payment

unjustified price increase or modification of the  product.

 

Article 15: Intellectual property rights


  All the elements, articles, brands, models, drawings… appearing on the site  https://www.bohomood.fr  are the exclusive property of the BohO'mood brand  .all objects of intellectual property rights are and remain the exclusive property of the
seller. No assignment of intellectual property rights is made through the
these T&Cs. Any total or partial reproduction, modification or use of these goods
for any reason is strictly prohibited.


Article 16: Force majeure


The performance of the seller's obligations hereunder is suspended in the event of
occurrence of a fortuitous event or force majeure which would prevent its execution.

The seller will notify the customer of the occurrence of such an event as soon as possible.


Article 17: Nullity and modification of the contract


If one of the stipulations of this contract were cancelled, this nullity would not entail the nullity
other stipulations which will remain in force between the parties.

Any contractual modification is valid only after a written and signed agreement of the parties.


Article 18: Protection of personal data


In accordance with Regulation 2016/679 of April 27, 2016 relating to the protection of persons
with regard to the processing of personal data and the free movement of such data, the Seller sets up a processing of personal data whose purpose is the sale and delivery of products and services defined in this contract.

The Buyer is informed of the following:

 

  • the identity and contact details of the controller and, where applicable, of the representative

of the data controller: the Seller, as indicated at the top of these GCS

  • the legal basis for the processing:  contractual execution 

  • no transfer outside the EU is planned

  • the data retention period: the time of the commercial prescription

  • the data subject has the right to ask the person responsible for the
    processing access to personal data, rectification or erasure thereof,
    or limitation of processing relating to the data subject, or of the right to oppose the
    processing and the right to data portability

  • The data subject has the right to introduce  a complaint to a supervisory authority

  • the information requested when  order are necessary for the establishment of the invoice (legal obligation) and the delivery of  goods ordered, otherwise the order cannot be placed. No decision  automated or profiling is implemented through the ordering process.

​​

Article 18: Applicable law and clauses

All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions
of sale.

Our general conditions of sale have been drawn up from a free and free model which can be downloaded from the site  https://www.donneespersonnelles.fr/

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