TERMS & CONDITIONS
BOTT is a simplified joint-stock company with its registered office at 14A rue Professeur Depéret, 69160 Tassin-la-demi-lune, registered with the Trade and Companies Register under number 89120525400016, and whose intra-Community VAT number is FR21891205254. These general terms and conditions of sale (the “General Terms and Conditions of Sale”) define the rights and obligations between BOTT and the buyer in connection with the sale of products offered on the bott-lingerie.fr website (the “Site”). The General Terms and Conditions of Sale below apply to all orders for products and services placed through the Site (the “Products”) with BOTT by any person (the “Buyer”). BOTT products are exclusively intended for sale to individual or corporate end consumers, excluding all resellers or intermediaries acting on behalf of resellers. Consequently, the Buyer confirms that they are acting as an end consumer and do not intend to resell BOTT products for commercial purposes.The Buyer must read the General Terms and Conditions of Sale before placing any order (the “Order”), as they are available on the Site.By placing an order on the Site, you acknowledge that you accept these General Terms and Conditions of Sale without reservation and declare that you have read them.BOTT reserves the right to modify its General Terms and Conditions of Sale at any time. In such a case, the applicable General Terms and Conditions of Sale shall be those in effect on the date the Buyer places the order.It is not possible to purchase a product without accepting the provisions of the General Terms and Conditions of Sale.Sales are reserved for adult Buyers or minors with parental authorization.
2. ITEMS AND PRODUCTS
The products offered are those listed on the Site. BOTT provides the Buyer with all the essential characteristics of the Products offered, in addition to the photograph illustrating the offer, and informs the Buyer that they are invited to read them carefully. In general, these characteristics concern the general information and details (dimensions, quantities, colors, composition) of the Products. The Buyer acknowledges that the photograph representing the product shown on the Site is for illustrative purposes only. The Product may differ slightly from what appears in the image due to the processing of the photograph.We take the greatest care in presenting and describing our Products to provide the Buyer with the best possible information. However, errors may appear on the Site, which the Buyer acknowledges and accepts. BOTT does not guarantee the accuracy or security of information transmitted or obtained through the Site. The Buyer may receive, following an Order, an item previously returned by another person. It is specified that we only accept the return of Products that are intact and unworn; these two conditions are checked before the returned Products are put back into stock.
3. PRICES AND PAYMENT
A-PRIX
The prices of the Products will be those indicated on our website at all times, except in cases of obvious errors. Although we make every effort to ensure that all prices displayed on our Site are accurate, errors may still occur. If we discover an error in the price of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be deemed cancelled and, if you have already paid for the products, you will be refunded in full. We are not required to sell you the products at an incorrect (lower) price - including after a dispatch confirmation has been sent - if the pricing error is obvious and unambiguous and could reasonably have been identified by you as such. Prices are stated in euros, including VAT. VAT is applied at the rate in force in metropolitan France at the time of the order. Any change to the applicable rate will be reflected in the current order. The prices indicated do not include delivery charges, which are billed separately and specified to the Buyer in the order summary before final confirmation. The preparation of the order depends on the delivery area: Metropolitan France and countries belonging to the European Union: the order will be prepared including VAT.Outside[AAU1] the European Union: the order will automatically be prepared excluding taxes. For sales made outside the European Union, customs clearance and payment of various duties or taxes are the exclusive responsibility of the Buyer. All orders are payable in Euros and must be paid immediately when your order is placed. If certain Products ordered are unavailable (see section "4-PRODUCT AVAILABILITY" below), only the price and shipping costs relating to the available Products will be charged. BOTT reserves the right to modify the prices of the Products offered on the Site at any time and without notice. The Products are invoiced based on the prices displayed on the Site at the time of the Order, subject to the availability of the Products ordered at that time. The Products remain the property of BOTT until the price has been paid in full.
B-PAYMENT METHODS
The accepted payment methods are as follows: credit and bank cards (American Express®, Apple Pay®, Visa®, MasterCard®) via the secure platform implemented by Shopify and PayPal. In accordance with the provisions of Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay made using a payment card is irrevocable. We would like to reassure you that all your transactions are secure and comply with the applicable legal provisions: they are carried out under strict confidentiality, with all your data encrypted by our payment service provider. We never have access to your personal data relating to your payment methods, particularly your bank card, and we do not store it on our servers. However, you may save your bank details in your customer account so that they can be reused for your next orders. To do so, simply check the box "Save time on your next purchase, remember my bank card" when making your payment. Only in this case will our payment service provider retain your data in encrypted form. You may delete the bank card you have saved either directly in your customer account under "My payment options" or by email by contacting our Customer Service.[AAU2] By clicking "Complete order", the Buyer expressly acknowledges that providing their bank card number to BOTT constitutes authorization to debit their account up to the price of the Products ordered. Bank cards are subject to validation checks and authorization by your Card issuer. In the absence of the required authorization, we will not be responsible for delays or non-delivery of the order and will not be able to enter into any Contract with you. Accordingly, BOTT sends the Buyer a notification of order cancellation due to non-payment at the email address provided by the Buyer. After confirmation of your payment by our payment service provider, your bank account or PayPal account will be debited for the total amount of your Order.
C-ALMA PAYMENT
The Seller offers its Customers Alma's credit service for the payment of their purchases and the processing of payment. This is subject to the Customer's acceptance of the Terms of Use or the credit agreement offered by Alma.
Any refusal by Alma to grant credit for an order may result in its cancellation.
Any termination of the GTC governing the Customer and BOTT Lingerie will result in the termination of the T&Cs or credit agreement between Alma and the Customer.
Payment in two or three instalments is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.
Purchase amount: Only purchases of €50 or more are eligible for payment with Alma.
Fees: When paying in instalments with Alma, the Customer does not pay any fees. Alma manages remote payments and issues an electronic certificate that will serve as proof of the amount and date of the transaction in accordance with Articles 1316 et seq. of the French Civil Code.
Termination: Any termination of the GTC governing BOTT Lingerie and the customer will result in the termination of the T&Cs between Alma and the customer.
4. PRODUCT AVAILABILITY
The Products visible on the Site can be delivered only while stocks last. If the Product is unavailable, BOTT undertakes to inform the Buyer as soon as possible by email or telephone. The Buyer will then have the option of choosing another Product or cancelling their order and being refunded the amount of the unavailable Product and the related shipping costs (in the case of an Order containing only one item). The Products offered for sale are those described on the Site on the day the Buyer visits the Site, subject to availability. This information is updated automatically in real time. However, an error in the update, regardless of its origin, does not incur BOTT's liability. In this respect, BOTT cannot be held liable for the cancellation of an Order for a Product due to stock depletion.
5. ORDER PROCESS
The Buyer wishing to place an order must follow the procedure below: Product selection: the Buyer selects the Product(s) they wish to order.Verification of the selection contents: the Buyer checks the contents of their basket while retaining the option to remove the Product(s) they have selected.Identification / personal data: the Buyer completes the identification form provided and enters the information required for delivery (namely: surname, first name, address, email, telephone number). You acknowledge that BOTT may use this information to contact you if necessary.When recording the Buyer's personal data, the Buyer must ensure that the data provided is accurate and complete. In the event of an error in the recipient's contact details, BOTT shall not be held liable for the impossibility of delivering the product.Order verification: the Buyer checks the contents of their Order, the total price, and the delivery and billing addresses, while retaining the option to remove one or more Product(s) or change the billing and delivery address. They choose their payment method and tacitly accept these general terms and conditions of sale by validating their order.Receipt of the order acknowledgement: the Buyer receives a summary email for their order, including:the Order number;the list of Products ordered, ;the delivery terms.It is recommended that this document, the official proof of the Order, be kept and printed. The Order is then recorded and processed by BOTT, which checks the availability of the Product(s) ordered. Any Order placed constitutes acceptance of the prices and descriptions of the products available at the time of sale.Order tracking: The Buyer will receive an email with the tracking number for their package once the Order has been shipped (the “Shipping Confirmation”).By placing an order, you declare that you are at least 18 years old and have legal capacity (or, if you are a minor, that you have parental authorization to place your Order).
6. DELIVERY
A-GENERAL
For the purposes of these General Terms and Conditions of Sale, delivery means the transfer of physical possession of the Products to the Buyer (the «Delivery»). Subject to the provisions of the aforementioned section « 5-PRODUCT AVAILABILITY », and except in exceptional circumstances, we will endeavor to dispatch your Order within 72 hours of receiving your Order confirmation so that it is delivered to you within 15 days of that confirmation. You will be able to track the progress of your Order upon receipt of the email confirming its shipment, together with the tracking information. Items offered for sale on www.bott-lingerie.com can be delivered worldwide. They will be delivered to the delivery address provided by the Buyer on the order form. Delivery times may be extended in the event of unforeseen circumstances or depending on the delivery location. Delivery times may be extended during collection launches. Please note that we do not deliver on Saturdays or Sundays. BOTT reserves the right to modify the list of Delivery countries at any time.
B-DELIVERY TERMS
Orders will be delivered within a standard maximum period of fifteen (15) business days for Delivery in Metropolitan France and twenty (20) business days for international Delivery, calculated from the first business day following Order validation. On the day after a collection is launched online, the Delivery period may be extended by ten (10) days due to the exceptionally high volume of Orders. Delivery is made to the delivery address provided when placing the Order, which must be your residential address, the address of an individual of your choice, or the address of a legal entity (delivery to its business premises). Delivery cannot be made to hotels or post office boxes. For all products, the Order is prepared for dispatch from the BOTT offices within an average of 72 hours (subject to stock availability) from the email confirmation of the Order. Orders are then delivered by Colissimo or UPS. From the time La Poste or UPS takes charge of the shipment, the Buyer will receive home delivery within the timeframes specified according to the chosen delivery method.
C-DELIVERY TIMES AND SHIPPING RATES
The delivery times announced on the Site apply from the time the Buyer receives the email confirming shipment of the Order by BOTT. Please allow 2 to 3 business days to receive the order after receiving the tracking number (valid for metropolitan France). The times announced on the Site are purely indicative and may vary depending on the destination and availability of the Product ordered. Exceeding this period may not give rise to any cancellation of the Order, any reduction in the price paid by the Buyer, or any payment of damages. However, in accordance with the provisions of Article L.121–20–3 of the French Consumer Code, in the event of failure to Deliver the Product due to its unavailability, the Buyer will be informed of this unavailability and will be refunded within thirty (30) days of payment of the sums they have paid. However, BOTT reserves the right to offer them a product of equivalent quality and price. In this case, the return costs resulting from exercising the right of withdrawal will be borne by BOTT. BOTT may not be held liable for additional delays caused by the failure to obtain bank authorization or by an incomplete purchase order. In the event of partial Delivery, shipping costs will be charged only upon the first DeliveryDeliveries in metropolitan France are charged with French VAT. For shipments outside metropolitan France, shipping costs are charged excluding VAT. Customs or import duties are not included in the delivery costs indicated and are payable by the Buyer. If it is impossible to make the delivery due to an incorrect delivery address or failure to collect your order from the selected collection point, no reshipment can be made and you will be refunded within fourteen (14) days of BOTT receiving the Order. BOTT may not be held liable for delays in transit that are not attributable to it or are justified by force majeure (as defined below). If the Delivery time exceeds thirty (30) days from receipt of the Order confirmation for a reason unrelated to the unavailability of the Product, the Buyer may request cancellation of the sale and receive a refund of the sums paid in connection with the Order within a maximum of fourteen (14) days of making such request. However, in accordance with the provisions of Article L.121–20–3 of the French Consumer Code, in the event of failure to Deliver the Product due to its unavailability, the Buyer will be informed of this unavailability and will be refunded within thirty (30) days of payment of the sums they have paid. However, BOTT reserves the right to offer them a product of equivalent quality and price. In this case, the return costs resulting from exercising the right of withdrawal will be borne by BOTT. BOTT cannot be held liable for parcels lost by the delivery service (La Poste, Colissimo, UPS, etc.) and may under no circumstances be required to reship the order or refund it. Notwithstanding the foregoing, BOTT may not be held liable for any harmful consequences resulting from a delay in transit or failure to Deliver the Order; the only possible remedy is a refund of the Product by BOTT (to be confirmed with BOTT by sending an email to hello@bott-lingerie.fr), to the exclusion of any other form of compensation. In any event, BOTT’s liability with regard to any Product purchased on the Site is strictly limited to its purchase price.
7. LEGAL WARRANTIES AND AFTER-SALES SERVICE
The documents, descriptions and information relating to the Products appearing on the Website are not covered by any express or implied warranty, except for the warranties provided by law. BOTT provides no warranty concerning any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any computer functionality or interfere with its proper operation, including any transmission resulting from the downloading of any content by the Buyer, the software used by the Buyer to download the content, the Website or the server providing access to it. In this regard, the Buyer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer equipment and any other device in order to protect them against any bug, virus or other harmful programming routine of this kind. The Buyer acknowledges that they assume all risks associated with any content downloaded or otherwise obtained through use of the Website and agrees that they are solely responsible for any damage caused to their computer system or any loss of data resulting from the downloading of such content. All products sold on the Website benefit from the legal guarantee of conformity (as defined in Articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in Articles 1641 et seq. of the French Civil Code), allowing the Buyer to return defective or non-conforming Products at no cost. Legal guarantee of conformity Article L217-4 of the French Consumer Code: «The seller is required to deliver goods conforming to the contract and is liable for defects in conformity existing at the time of delivery. The seller is also liable for defects in conformity resulting from the packaging, assembly instructions or installation where the latter was made the seller’s responsibility under the contract or was carried out under the seller’s responsibility. » Article L211-5 of the French Consumer Code: «To conform to the contract, the goods must:1) Be fit for the use usually expected of similar goods and, where applicable:correspond to the description given by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model;possess the qualities that a buyer may legitimately expect having regard to the public statements made by the seller, the producer or the seller’s representative, particularly in advertising or on labelling;2) Or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.» Article L211-12 of the French Consumer Code: «An action resulting from a lack of conformity is time-barred two years from the delivery of the goods. » Guarantee against hidden defects Article 1641 of the French Civil Code: «The seller is bound by a guarantee in respect of hidden defects in the item sold that render it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would have paid only a lower price for it, had they known of them.» Article 1648 of the French Civil Code: «An action arising from redhibitory defects must be brought by the purchaser within two years from discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, on pain of being time-barred, within one year following the date on which the seller may be released from liability for apparent defects or lack of conformity. » Under the legal guarantee against hidden defects, BOTT undertakes, at the Buyer’s choice, after assessment of the defect:- Either to refund the full price of the returned Product,- Or to refund part of the product price if the Buyer decides to keep the Product. Warranty exclusions Products modified, repaired, incorporated or supplemented by the Buyer, damaged during transport after Delivery or as a result of improper use are excluded from the warranty. Procedures for implementing the warranties Under the legal guarantee of conformity, the Buyer:(i) has a period of two (2) years from delivery of the goods to take action;(ii) may choose between repair or replacement of the goods, subject to the cost conditions set out in Article L217-9 of the French Consumer Code;(iii) is exempt from proving the existence of the lack of conformity of the goods during the two-year period. The legal guarantee of conformity applies independently of any commercial warranty that may have been granted.The Buyer may decide to invoke the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the French Civil Code. In this case, they may choose between rescission of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code. For any request concerning the legal guarantees, the Buyer must contact customer service at the following email address:hello@bott-lingerie.fr.
8. COMPLAINTS
If you encounter any problems when using the Product, or if there is a defect that makes its use incompatible with the normally expected use of the Product, we invite you to contact us at the following email address:hello@bott-lingerie.frand we will make every effort to find a suitable solution. Any refund will be subject to the return of the Product.
9. RIGHT OF WITHDRAWAL
A-RIGHT AND PERIOD OF WITHDRAWAL
You have a statutory right of withdrawal that you may exercise under the conditions set out in Articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the French Consumer Code, if you meet the conditions provided for by these provisions, without having to give reasons and without having to pay any penalties. In accordance with those articles, BOTT allows you to withdraw within fourteen (14) days from the date of Delivery of the Products, without having to give reasons and without having to pay any penalty. After this period, you may no longer exercise your right of withdrawal.
B- CONSEQUENCES OF THE RIGHT OF WITHDRAWAL
BOTT will refund the Order no later than fourteen (14) days from the date on which it is informed of the Buyer's decision to withdraw, provided that BOTT has been able to recover the Products subject to the return and refund request.
10. RETURN AND REFUND TERMS
A- RETURN PROCEDURE
When exercising the right of withdrawal, the Products must be returned in their original condition and packaging, new, unworn and unwashed, with the hygiene label (in the case of a bottom garment or bodysuit) and accompanied by the purchase invoice. Subject to compliance with the fourteen (14) day period from receipt of the Product, returning a Product for a refund is free of charge if the Delivery location is in Metropolitan France and the payment solution "Elyn-try before you buy" is used, which gives you 5 days to try the items and return any pieces that do not suit you, if necessary. You only pay for the items you keep. After the 5-day period, if we have not heard from you, you will be charged for your entire order.
For any standard order (excluding Elyn mentioned above), return costs will be €2.5 in metropolitan France. We will provide you with a return label by accessing the following link https://www.bott-lingerie.com/pages/demander-un-retour and entering your order number and email address.
For Elyn orders and standard orders (mentioned above), an exchange can be requested in metropolitan France only. Return costs will be the same as indicated above: free of charge with Elyn, and €2.5 excluding Elyn. We will cover the return shipping costs for an exchange.
In the rest of the world, returns will be at your expense and risk. To do so, you must email hello@bott-lingerie.fr, stating the reasons why you wish to make a return. We will provide you with the address of our logistics center. Upon receipt of the products in proper condition, we will process the refund within the following 15 days. Returned Products that are incomplete, damaged, worn or soiled will neither be replaced nor refunded. In addition, orders subject to promotional offers will only be refunded in the form of vouchers.
B- REFUNDS
In the event of a refund request, it will be processed within a maximum of fifteen (15) days from receipt of the Product(s) by BOTT. Once the Products have been received, inspected and accepted by our services, the refund (excluding delivery costs). Please note, however, that your bank may apply an additional delay when processing the refund. BOTT will issue the refund using the same payment method used to pay for the Order, unless the Buyer expressly agrees to the use of another method. If this payment method has expired, the Buyer must contact customer service to change the refund method. BOTT cannot be held responsible for refunds made to an expired payment method. A refund for an order paid for with an e-gift card, gift card or credit will automatically be issued as credit. Since only the bank account of the person who placed the order can be credited, only that person may request a refund through the return procedure on the Site.
C- GIFTS ORDERED FROM THE WEBSITE
Any item offered as part of a promotional campaign (tote bag, scrunchie, etc.) must be returned if the order is refunded. For any new order, subject to the specified conditions, the free product will be sent to you again.
11. LIABILITY
BOTT shall not be held liable for failure to perform the contract concluded in the event of an unforeseeable circumstance, force majeure, disruption or total or partial strike, particularly affecting postal services and means of transport and/or communication, flooding, or fire. BOTT shall incur no liability for any indirect damages arising from these terms, loss of business, loss of profit, damages, or expenses that may occur. The contractual obligations arising from BOTT's performance of the contract shall be suspended for as long as the event causing its failure to perform persists, and our performance deadlines shall be extended accordingly. We will make every effort, insofar as possible, to find a solution enabling us to perform our contractual obligations.
PARTIAL MODIFICATION:If one or more provisions of these General Terms and Conditions of Sale are deemed invalid or declared as such under a law or regulation, or following a final decision by a competent court, the other provisions shall retain their full force and scope.
12. JURISDICTION
These General Terms and Conditions of Sale are subject to French law. Any dispute that has not been resolved amicably shall be submitted to the exclusive jurisdiction of the competent courts of Paris or the court with jurisdiction over the place of actual delivery of the Buyer's Order, notwithstanding multiple defendants and/or third-party proceedings, including in urgent proceedings or interim measures proceedings by application or petition.
13. INTELLECTUAL PROPERTY
BOTT holds intellectual property rights, including trademark, copyright, and design rights, in particular in relation to the following, without this list being exhaustive:- The Products offered on the Site,- The BOTT trademark and any other name associated with the Products,- The abbreviations, logos, texts, colors, graphics, or other signs that may be used, created, or implemented by BOTT,- The photographs and visual presentation of the Products,- The Site, including its structure, the organization and headings of its sections, its visual and graphic identity, its design, usability, functionality, software, text, moving or still images, sounds, music, know-how, drawings, graphics, and any other element comprising the Site.It is therefore prohibited to reproduce, use, redistribute, or alter, in any form whatsoever, in whole or in part, the elements referred to in this article without BOTT's prior express authorization. This does not prevent you from using this website to the extent necessary to make a copy of any order or the details of a Contract.You are prohibited from removing any copyright, trademark, or other proprietary rights notices from the Site or any content appearing on it. You may copy pages published on the Site for your private, personal, and non-commercial use, provided that every copy of these pages retains all copyright and proprietary rights notices appearing on them.Any infringement of BOTT's intellectual property rights may result in legal proceedings, particularly for counterfeiting and unfair and parasitic competition.The artists or service providers who have collaborated with BOTT also reserve the right to oppose any infringement of the respect and integrity of their work or image.In the event of discrepancies between the French and English versions of the Terms and Conditions of Sale, the French version shall prevail.
14. PRIVACY POLICY
The personal information or data you provide to us will be processed in accordance with the data protection policy. By using this Website, you accept the processing of the information and data, and you declare that all the information and data you have provided to us are accurate and truthful.
15. DATA PROTECTION AND COOKIES
BOTT processes your personal data as joint controllers. This means that we jointly assume responsibility for processing and protecting your personal data.
A- USE OF YOUR PERSONAL DATA
Among other purposes, we will use your data (obtained online) to manage your user registration, manage product purchases, answer your questions, and send personalized communications.
B- THE LEGAL BASIS FOR PROCESSING YOUR PERSONAL DATA
We are authorized to process your data for various reasons. The most important is that it is necessary to perform the contract you entered into with us when you registered and made a purchase, although there are other reasons that authorize us to do so, such as the legitimate interest in responding to your questions or the consent given for sending you our newsletters.
C- YOUR RIGHTS
You have the right to access, rectify, and delete your personal data. In certain cases, you also have other rights, such as the right to object to the processing of your data or the right to data portability.
D- COOKIES
The Website uses cookies, which users are informed about when they arrive on the Website, to record information about the computer’s browsing activity on the Website. These cookies are only installed after the user accepts them; continuing to browse the Website constitutes acceptance. Users may object to the use of these cookies by configuring their browser, bearing in mind that access to certain services may require the user to accept cookies in advance.