1. SCOPE AND ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
BOTT is a simplified joint-stock company whose head office is located at 14A rue Professor Depéret, 69160 Tassin-la-demi-lune, registered in the trade and companies register under number 89120525400016 and whose intra-community VAT number is FR21891205254. These general terms and conditions of sale (the "GTC") determine the rights and obligations between BOTT and the buyer in connection with the sale of the products offered on the bott-lingerie.fr site (the "Site"). The T&Cs below apply to all orders for products and services placed via the Site (the "Products") with BOTT by any person (the "Buyer"). BOTT products are intended exclusively for sale to end consumers who are natural or legal persons, excluding any resellers or intermediaries acting on behalf of resellers. Consequently, the Buyer affirms that he is acting as an end consumer and that he does not intend to resell BOTT products for commercial purposes. The Buyer must read the T&Cs before placing any order ( the "Order"), the T&Cs being available on the Site. You acknowledge that by placing an order on the Site you unreservedly accept these T&Cs and declare that you have read them. BOTT reserves the right to modify its T&Cs at any time. In this case, the applicable GCS will be those in force on the date of the order by the Buyer. It is not possible to buy a product without accepting the provisions of the GCS. The sale is reserved for adult or minor Buyers with parental permission.
2. ARTICLES AND PRODUCTS
The products offered are those which appear on the Site. BOTT informs the Buyer of all the essential characteristics of the Products offered in addition to the photograph illustrating the offer and informs the Buyer that he is invited to read them carefully . Overall, these characteristics relate to the general information and details (dimensions, quantities, colors, composition) of the Products. The Buyer acknowledges that the photograph representing the product which appears on the Site only has indicative. Product may vary slightly from image due to photography processing. We take the greatest care in the presentation and description of our Products to best satisfy the information of the Buyer. However, it is possible that errors may appear on the Site, which the Buyer acknowledges and accepts. BOTT does not warrant the accuracy or security of any information transmitted or obtained through the Site. It is possible that the Buyer may receive, following an Order, a part previously returned by another person. It is specified that we only accept the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
3. PRICE AND PAYMENT
The prices of the Products will be those indicated at all times on our site, except in the case of obvious errors. Although we strive to ensure that all prices shown on our Site are accurate, errors are possible. 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 canceling it. If we are unable to contact you, the order will be considered canceled and if you have already paid for the products, you will be fully refunded. We are not obliged to sell the products to you at an incorrect (lower) price - including after sending a dispatch confirmation - if the pricing error is obvious and unequivocal and could reasonably be identified by you Such as. The prices are indicated in euros, including VAT (TTC). VAT is applied at the rate in force in mainland France at the time of the order. Any change in the rate in force would be passed on to the order in progress. The prices indicated do not take into account the delivery costs which are invoiced in addition and are specified to the Buyer during the summary of his Order before final validation. The establishment of the order is linked to the geographical area of delivery: Metropolitan France and in countries belonging to the European Union: the order will be established including tax. Outside [AAU1] European Union: the order will be automatically established excluding taxes (HT). Regarding sales made outside the European Union, customs clearance, payment of duties or various taxes are the sole responsibility of the Buyer. All orders are payable in Euros and must be paid immediately when placing your order. In the event of the unavailability of certain Products ordered (refer below to point "4-AVAILABILITY OF PRODUCTS"), only the price and transport costs relating to the Products available will be debited. BOTT reserves the right to modify at any time moment and without notice the prices of the Products offered on the Site. The Products are invoiced on the basis of 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 full payment of the price.
B-MEANS OF PAYMENT
The means of payment accepted are as follows: credit cards 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 Monetary and Financial Code, the commitment to pay, given by means of a payment card, is irrevocable. We would like to reassure you that all your transactions are secure and comply with the legal provisions in force: they take place within a strict framework of confidentiality and encryption of all your data with our payment provider. At no time do we have access to your personal data concerning your means of payment, in particular bank cards, and do not store them on our servers. However, you can save your bank details in your customer account so that they are reused for your next orders. To do this, simply tick the box "Save time for your next purchase, memorize your credit card" when making your payment. In this case alone, our payment provider will keep your data in encrypted form. You can delete the bank card you have registered either directly in your customer account in the "My payment options" section, or by email by contacting our Customer Service. [AAU2] By clicking on "Finalize the order", the Buyer expressly acknowledges that the communication of his credit card number to BOTT constitutes authorization to debit his 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 form any Contract with you. Therefore, a notification of Order cancellation for non-payment is sent to the Buyer by BOTT on the email address provided by the Buyer. After confirmation of your payment by our payment service provider, your bank account or your Paypal account will be debited for the total amount of your Order.
4. PRODUCT AVAILABILITY
The Products visible on the Site can only be delivered within the limits of available stocks. If the Product is not available, BOTT undertakes to inform the Buyer as soon as possible by e-mail or telephone. The Buyer will then have the possibility to choose another Product or to cancel his order and to be reimbursed for the amount of the Product not available as well as the relative transport costs (in the case of an Order comprising a single item only) . The Products offered for sale are those described on the Site on the day of consultation of the Site by the Buyer, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of BOTT. As such, BOTT cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
5. ORDER PROCESS
The Buyer who wishes to place an order must follow the following procedure: Choice of product: the Buyer selects the Product(s) he wishes to order. Checking the content of the selection: the Buyer checks the content of his basket while keeping the possibility of deleting the Product(s) he has selected. Identification / personal data: the Buyer completes the identification form made available to him and indicates the necessary information for delivery (namely: surname, first name, address, e-mail, telephone number). You acknowledge that BOTT may use this information to contact you if necessary. When registering the Buyer's personal data, the latter must ensure the accuracy and completeness of the data that he gives. In the event of an error in the wording of the recipient's contact details, BOTT cannot be held responsible for the impossibility of delivering the product. Verification of the order: the Buyer verifies the content of his Order, the total price, the addresses of delivery and invoicing while retaining the possibility of deleting one or more Product(s) or modifying the invoicing and delivery address. He chooses his mode of payment and tacitly accepts these general conditions of sale by validating his order. Receipt of the acknowledgment of receipt of the order: the Buyer receives an e-mail summarizing his order, with: the number of the Order; the list of Products ordered; the terms of delivery. It is advisable to keep and print this document, official proof of the Order. The Order is then recorded and processed by BOTT, which checks the availability of the Product(s) ordered. Any Order placed implies acceptance of the prices and descriptions of the products available at the time of sale. Order tracking: The Buyer will receive an e-mail with the tracking number of his package from the dispatch of the Order (the "Shipping Confirmation". By placing an order, you represent that you are at least 18 years old and have the legal capacity (or if you are a minor, to have parental authorization to place your Order).
For the purposes of these T&Cs, delivery means the transfer to the Buyer of physical possession of the Products (the "Delivery"). Subject to the provisions of point "5-AVAILABILITY OF PRODUCTS" above, and except in exceptional circumstances, we will endeavor to dispatch your Order within 72 hours of receipt of your confirmation of your Order so that it is delivered to you within 15 days from said confirmation. You will be able to follow the delivery of your Order, upon receipt of the email confirming the shipment of your Order with the tracking information. The items offered for sale on www.bott-lingerie.com are available worldwide. They will be delivered to the delivery address that the Buyer has provided on the order form. Delivery times may be increased in the event of unforeseen circumstances or depending on the place of delivery. Delivery times may be extended during collection releases. 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-TERMS OF DELIVERY
Orders will be delivered within a maximum period of fifteen (15) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the command. The day after a collection is put online, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders. Delivery is made to the delivery address indicated when ordering, it being specified that this must be your residential address, a natural person of your choice or a legal person (delivery to his company). Delivery cannot be made to hotels or to post office boxes. For all products, the order is prepared for departure from the BOTT offices within an average of 72 hours (subject to stock availability) from the confirmation of the Order by e-mail. Delivery of Orders is then provided by Colissimo or UPS. From the time of collection by La Poste or UPS, the Buyer is delivered to their home within the time specified according to the method of withdrawal chosen.
C- DELIVERY TIMES AND RATES
The Delivery times announced on the Site apply from the receipt by the Purchaser of the confirmation email of the shipment of the Order by BOTT. It takes 2 to 3 working days to receive the order after having received the tracking number (valid for metropolitan France). The times announced on the Site are purely indicative and may vary depending on the destination and the availability of the Product ordered. Exceeding this period cannot give rise to any cancellation of the Order, to any reduction in the price paid by the buyer, and to any payment for damages. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, in the event of failure to Deliver the Product resulting from its unavailability, the Buyer will be informed of this unavailability and will be reimbursed within thirty (30) days of payment of the sums he has paid. However, BOTT reserves the right to offer him a product of equivalent quality and price. The return costs resulting from the exercise of the right of withdrawal are, in this case, borne by BOTT. BOTT cannot be held responsible for additional delays caused by the non-delivery of a bank authorization or an incomplete order form. In the event of partial delivery, transport costs will be invoiced only on the first delivery. Deliveries in mainland France are invoiced with French VAT. For shipments outside mainland France, shipping costs are invoiced excluding VAT. Customs or import taxes are not included in the delivery costs indicated and are the responsibility of the Buyer. If it is impossible to make the delivery, due to an incorrect delivery address or the absence of collection of your order from the selected collection point, no reshipment can be made and you will be refunded within fourteen (14) days from receipt of the Order by BOTT. BOTT cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below). In the event that the Delivery time is greater than thirty (30) days from receipt of the Order confirmation for a reason that does not result from the unavailability of the Product, the Buyer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. However, and in accordance with the provisions of article L.121-20-3 of the Consumer Code, in the event of failure to Deliver the Product resulting from its unavailability, the Buyer will be informed of this unavailability and will be reimbursed within thirty (30) days of payment of the sums he has paid. However, BOTT reserves the right to offer him a product of equivalent quality and price. The return costs resulting from the exercise of the right of withdrawal are, in this case, borne by BOTT. BOTT cannot be held responsible for the loss of parcels by the delivery service (La Poste, Colissimo, UPS, etc.) and cannot under any circumstances assume the return of the order or even its reimbursement. Notwithstanding the foregoing, BOTT cannot be held responsible for the harmful consequences resulting from a delay in delivery or a failure to Deliver the Order, only reimbursement of the Product by BOTT being possible (to be validated with BOTT by sending an email to email@example.com) to the exclusion of any other form of compensation. In any event, BOTT's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter.
7. LEGAL GUARANTEES AND AFTER-SALES SERVICE
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law. BOTT makes no warranty regarding any harm that may be caused by the transmission of any computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of it, including any transmission resulting from a download of any content made by the Buyer, of the software used by the Buyer to download the content, of the Site or of the server which allows access to it. In this regard, the Buyer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines. of this order proving harmful. The Buyer acknowledges assuming all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content. All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Buyer to return defective or non-compliant Products delivered free of charge. Legal guarantee of conformity Article L217-4 of the 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 L211-5 of the Consumer Code: "To comply with the contract, the good must: 1) Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; present the qualities that a buyer can legitimately expect in view of the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted." Article L211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "Warranty against hidden defects Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would have given only a lesser price for it, if he had known them. "Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. » Within the framework of the legal guarantee against latent defects, BOTT, at the Buyer's choice, undertakes, after evaluation of the defect: - Either to reimburse the full price of the returned Product, - Or to reimburse part of the price of the product if the Buyer decides to keep the Product. Exclusion of warranties Products modified, repaired, integrated or added by the Buyer, damaged during transport after Delivery or due to improper use are excluded from warranty. Terms of implementation of guarantees Under the legal guarantee of conformity, the Buyer: (i) has a period of two (2) years from the delivery of the goods to act; (ii) can choose between the repair or replacement of the goods, subject to the cost conditions provided for in article L217-9 of the Consumer Code; (iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years. The legal guarantee of conformity applies independently of any commercial guarantee granted. The Buyer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, 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. For any request concerning the legal warranties, the Buyer must contact customer service at the following email address: firstname.lastname@example.org.
In the event of problems encountered during the use of the Product, or of a defect which would make 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 .fr and will do our best to find a suitable solution. Any refund will be conditional on the return of the Product.
9. RIGHTS OF WITHDRAWAL
A-RIGHT AND PERIOD OF WITHDRAWAL
You have a legal right of withdrawal which you can exercise under the conditions provided for by articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the Consumer Code, if you fulfill the conditions provided for by these provisions, without having to justify reasons and without having to pay penalties. In accordance with said articles, BOTT allows you to withdraw within fourteen (14) days from the date of Delivery of the Products, without having to justify reasons and without having to pay a penalty. After this period, you will no longer be able to exercise your right of withdrawal.
B- CONSEQUENCE OF THE RIGHT OF WITHDRAWAL
Reimbursement of the Order by BOTT is made 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 of the return and the refund request.
10. RETURNS AND REFUND TERMS
A- RETURN PROCEDURE
As part of the exercise of the right of withdrawal, the Products must be returned in the state and in the original packaging, new, unworn, unwashed, with the hygiene label (in the case body stockings or a bodysuit) and accompanied by the purchase invoice. Subject to compliance with the period of fourteen (14) days from receipt of the Products, the return of a Product, in the event of a request refund, is free if the place of Delivery is in Metropolitan France. It will be your responsibility if the place of Delivery is outside Metropolitan France and is done at your risk. To do this, you must send an email to the address email@example.com indicating the reasons for which you wish make a return. Within a maximum of one week, you will receive by e-mail a return slip to return your order as well as a transport slip at BOTT's expense in the event of a delivery location in Metropolitan France, which you will have to print. In the absence of the return order form inside the package, BOTT will not be able to replace or refund the returned Products. Products returned incomplete, damaged, worn or soiled will not be replaced or refunded. In addition, orders subject to promotional offers will only be refunded in the form of vouchers.
In the event of a request for reimbursement, the latter will take place within a maximum period of fifteen (15) days from receipt of the Product(s) by BOTT. Once the Products have been received, checked and accepted by our services, the refund (excluding delivery costs). Please note, however, that an additional delay may be applied by your bank when refunding. BOTT makes the refund using the same payment than the one that will have been used for the payment of the Order, unless expressly agreed by the Buyer to use another. If this means of payment and insofar as it has expired, the Buyer must contact customer service to modify the method of reimbursement. BOTT cannot be responsible for reimbursement on an expired means of payment. Reimbursement of an order paid for with a gift card, a gift card or a credit note will be automatically refunded as a credit note. Insofar as only the bank account of the person who ordered the product can be re-credited, only this person is able to request reimbursement via the return procedure with the Site.
C- GIFTS ORDERED FROM THE SITE
Any item that has been offered as part of a promotional operation (tote bag, scrunchie, etc.) must be returned in the event of an order refund. For any new order, according to the conditions specified, the product offered will be returned to you.
BOTT cannot be held responsible for the non-performance of the contract concluded in the event of a fortuitous situation, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communication, flooding, 'fire. BOTT will not incur any liability for any consequential damages as a result of these presents, operating loss, loss of profit, damages or costs, which may arise. The contractual obligations arising from the performance of the contract by BOTT will be suspended as long as the event at the origin of its non-performance continues and our performance deadlines will be extended accordingly. We will do our best to find a solution that allows us to perform our contractual obligations.
PARTIAL MODIFICATION: If one or more stipulations of these T&Cs are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain all their strength and scope.
12. ATTRIBUTION OF JURISDICTION
These T&Cs are subject to French law. Any dispute that has not found an amicable solution will be subject to the exclusive jurisdiction of the competent courts of Paris or to the jurisdiction of the actual place of Delivery of the Buyer's Order, notwithstanding multiple defendants and/or appeal as collateral, even for emergency procedures or protective procedures in summary proceedings or by request.
13. INTELLECTUAL PROPERTY
BOTT is the holder of intellectual property rights, in particular under trademark law, copyright, designs and models on the following elements, without this list being exhaustive: - On the Products offered on the Site, - On the BOTT brand and any other name associated with the Products, - On the acronyms, logos, texts, colors, graphics, or other signs that may be used, produced or implemented by BOTT, - On the photographs and visual presentation of the Products, - On the Site, and in particular on its tree structure, on the organization and title of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated images or images, sounds, music, know-how, drawings, graphics and any other element making up the Site. It is therefore prohibited to reproduce, use, redistribute, alter, in any form whatsoever, in whole or in part, the elements targeted to this article without the prior and express authorization of BOTT. This does not prevent you from using this website to the extent necessary to make a copy of any order or contract details. You are prohibited from removing any copyright notices, trademark or other proprietary rights to the Site or any content therein. You may make one copy of the web pages published on the Site for your private, personal and non-commercial use, provided that any copy of these web pages retains all "copyright" and proprietary rights notices which appear there. Any violation of the intellectual property rights belonging to BOTT is subject to legal proceedings, particularly in the field of counterfeiting and unfair and parasitic competition. Artists or service providers who have collaborated with BOTT also reserve the right to oppose to any attack on the respect and integrity of their work or their image. In the event of discrepancies between the French and English versions of the GCS, the French version will prevail.
The information or personal details you provide to us will be treated in accordance with the Data Protection Policy. By using this Site you agree to the processing of information and information, and you represent that all information and information you have provided to us is accurate and true.
15. DATA PROTECTION AND COOKIES
BOTT processes your personal data as co-controllers. This means that we jointly take charge of the processing and protection of your personal data.
A- USE OF YOUR PERSONAL DATA
Among other purposes, we will use your data (obtained online) to manage your registration as a user, manage the purchase of products, answer your questions, as well as to send personalized communications.
B- THE BASIS FOR THE PROCESSING OF YOUR PERSONAL DATA
We are competent 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 which allow us to do so, such as interest to answer your questions or the consent given to send you our newsletters.
C- YOUR RIGHTS
You have the right to access, rectify and delete your personal data. In some cases, you also have other rights, such as the right to oppose the processing of your data or the right to portability.