{"id":18141,"date":"2022-09-28T16:41:32","date_gmt":"2022-09-28T16:41:32","guid":{"rendered":"https:\/\/boutique-one-piece.com\/?page_id=18141"},"modified":"2024-09-16T16:25:57","modified_gmt":"2024-09-16T16:25:57","slug":"terms-of-sale","status":"publish","type":"page","link":"https:\/\/boutique-one-piece.com\/en\/terms-of-sale\/","title":{"rendered":"LEGAL NOTICE & TERMS AND CONDITIONS"},"content":{"rendered":"
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Article 1 \u2013 GENERAL PROVISIONS \u2013 SCOPE OF APPLICATION

1.1 These General Terms and Conditions of Sale (\u00abthe GTC\u00bb) determine the rights and obligations of the parties in the context of the online sale of Products offered by the company BOP (\u00abthe Company\u00bb).

1.2 All orders placed on the website boutique-one-piece.com are subject to the prior and unreserved acceptance of these General Terms and Conditions of Sale, which are governed by US law. These General Terms and Conditions of Sale therefore form an integral part of the Contract between the Customer and the Company. They are fully enforceable against the Customer, who declares having read and accepted them, without restriction or reservation, before placing the order.

1.3 These General Terms and Conditions apply to any Order placed by a natural person of legal age acting as a consumer. The Customer therefore certifies that they are a natural person over 18 years of age, acting for purposes outside their trade, business, craft, profession, or agricultural activity. They acknowledge having the full legal capacity to enter into a contract when placing an Order and undertake to provide truthful information regarding their identity.

1.4 EXCLUSION: Persons acting in a professional capacity are expressly excluded from the scope of these General Terms and Conditions, i.e. natural or legal persons, public or private, who act for purposes within the framework of their commercial, industrial, craft, professional or agricultural activity, including if they act in the name of or on behalf of another professional.
Professionals wishing to place an order with the Company are invited to contact us directly.

1.5 The General Terms and Conditions applicable to each Order are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. The Company reserves the right to modify them at any time by publishing a new version on its website. These General Terms and Conditions are available on the Company's website at the following address: www.boutique-one-piece.com


Article 2 \u2013 CONCLUSION OF THE ONLINE CONTRACT

2.1. Order Placement Process


To purchase one or more Products on the website, the Customer selects each Product and adds it to their cart. Once their selection is complete, they must confirm their cart to proceed to the Order (first click).

At this stage, the Client is redirected to a page containing:
A summary of the selected products, their corresponding prices, delivery terms and costs is displayed. It is then up to the customer to check and, if necessary, correct the contents of their shopping cart.
These Terms and Conditions apply. It is the customer's responsibility to read them carefully before confirming the entire Order.

This validation of the Order after verification of the basket and reading of the Terms and Conditions (2nd click) constitutes conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his part.

The customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their order.

After validating their order and making payment, the customer receives a confirmation message from the company at the email address they provided when creating their account. This message contains:
A summary of his order (selected products, prices, delivery terms and costs); ;
The Order number; ;

If the Order confirmation is not received, the Customer is advised to contact the Company via the contact form on the website.

The Customer is strongly advised to keep this confirmation message and the purchase invoice which is also sent to them electronically since these documents can be produced as proof of the Contract.

2.2 Cases of refusal to validate the Order by the Company

The Company reserves the right to refuse your Order for any legitimate reason, including, for example:
Order not in accordance with the terms and conditions; ;
Quantities ordered not corresponding to normal use by a consumer customer; ;
Non-payment of a previous order or ongoing dispute concerning a previous order; ;
Suspicion of fraud on the Order (supported by a body of concordant evidence).


Article 3 \u2013 PRODUCT SPECIFICATIONS AND AVAILABILITY

3.1 Product Specifications

The essential characteristics of the goods and their respective prices are made available to the Customer on the Company's websites, as well as, where applicable, information on the use of the product.

While the Company takes reasonable care to ensure the accuracy of the Specifications, these Specifications, with certain exceptions such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no liability for any errors that may be contained in the Specifications.

The Specifications are presented in detail and in French. The Parties agree that illustrations, videos, or photos of the Products offered for sale are not contractually binding. The validity period of the Product offers and their prices are specified on the Company's websites.

3.2 Product Availability

Product offers are valid while stocks last with our suppliers. Product availability is normally indicated on the specific product page.

However, since the Company does not reserve stock (except in the specific case of Products marked as pre-order on the Product sheet), adding a Product to the basket does not guarantee the absolute availability of the Product or its price.

Should a Product become unavailable after the Customer's Order has been confirmed, the Company will immediately inform the Customer by email. The Order will be automatically cancelled, and the Company will refund the price of the Product originally ordered, as well as any sums paid in connection with the Order.

However, if the Order contains other Products besides the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.


Article 4 \u2013 PRODUCT PRICES

The reference price for Products offered on the website is the price recommended by the brand, manufacturer, or their official representative. If no such price is available, it is a price determined based on the prices at which the Product is commonly sold by a range of retailers. This price is updated as soon as the brand, manufacturer, or their official representative communicates a new recommended price for the Product or as soon as the price charged by the range of retailers changes.

Article 5 \u2013 PAYMENT OF PRODUCT PRICES

5.1 Time of payment

Payment of the full price of the Order must be made immediately after the Order is validated.

The Company may, in exceptional circumstances, grant payment in installments, particularly with regard to the amount due and its knowledge of the Client in question. However, the Company is under no obligation to grant such payment terms. In specific circumstances, the Client may request this by contacting the Company's Customer Service at the following address: ccontact@boutique-one-piece.com

5.2 Payment Methods

To pay for their order, the customer can choose between different payment methods:

Payment by bank card:
Only bank cards issued by a bank located in France or international bank cards (Visa, MasterCard, American Express, and Maestro) are accepted. The Customer guarantees to the Company that they have the necessary authorization to pay with the bank card used. They expressly acknowledge that the commitment to pay by card is irrevocable and that providing their bank card number constitutes authorization to debit their account for the total amount corresponding to the Products ordered. The amount will be debited upon validation of the Order.
Credit card payments are made via a secure payment platform and the credit card information provided benefits from SSL encryption.

Payment via PayPal
Payment via Paypal is accepted up to a limit of \u20ac1,000.
It is emphasized that in the event of recourse to this payment method, the General Terms and Conditions of Use of Paypal, which are available on their website, are in addition to these General Terms and Conditions.

Payment by vouchers and\/or promotional codes
Vouchers and\/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and\/or promotional codes are valid for one use only. In the event of any attempt to fraudulently use vouchers and\/or promotional codes, the Company may cancel the Order outright.

In general, in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and\/or cancel said Order.

The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Customer concerning a previous Order.

The Company reserves the right to implement an order verification procedure to ensure that no one uses another person's bank details without their knowledge. As part of this verification, the Customer may be asked to send the Company, by email or post, a copy of their identity document, proof of address, and a copy of the bank card used for payment. Specific instructions regarding the exact information required (to protect the confidentiality of their data) will be provided to the Customer if verification is necessary. The order will only be validated after receipt and verification of the documents sent.


Article 6 \u2013 DELIVERY \u2013 CUSTOMS CLEARANCE \u2013 RECEIPT

6.1 Delivery

Before the order is confirmed, the Company provides the Customer with information regarding the different delivery options and their respective prices. Following the Customer's selection of a delivery method, the Company provides an estimated delivery time.

The Company will make every effort to ensure that the Product(s) are delivered no later than the scheduled delivery date. In the event of any difficulty, the Company undertakes to contact the Customer promptly to inform them and work with them to find a suitable solution.

Air freight, shipping, and\/or delivery of the Product(s) will be entirely at the Client's expense (\u201cDelivery Costs\u201d). These delivery costs are included in the final price charged to the Client at the time of the Order. However, any customs fees are not included in the price charged to the Client by the Company.

Depending on the delivery method chosen by the Customer, delivery will be made either to the address provided by the Customer or, if applicable, to a collection point selected by the Customer from the list of available locations. It is therefore the Customer's responsibility to carefully verify the delivery information provided, as they remain solely liable in the event of a delivery failure due to incomplete or incorrect information.

6.2 Customs Clearance

When making a purchase, the Customer buys the product tax-free and becomes the importer of the purchased product in their capacity as the recipient of the Product.

He is therefore specifically responsible for the import and customs clearance processes of the product with the local customs offices. Depending on the price of his order, he may be required to pay customs duties (for products with a customs value exceeding \u20ac150).

The Customer is solely responsible for the customs duty declaration process during the Product clearance process. These customs duties, which are not invoiced to the Customer by the Company, are not the Company's responsibility. Therefore, the Company cannot be held liable for reimbursing these duties.

6.3. Reception

Upon receipt of the Product, the Customer agrees to check that the Product is complete and undamaged.

If a defect is detected, the Customer must contact the Company's Customer Service within three business days (excluding public holidays) of receiving the Product. Any claim submitted after this deadline cannot be processed.


Article 7 \u2013 WITHDRAWAL

7.1 Principle and time limit

The Customer has the right to withdraw from the contract, without giving any reason, within fourteen (14) calendar days from the date of receipt of their Order. In the case of an Order for several Products, the withdrawal period begins upon receipt of the last Product.

If the right of withdrawal is exercised within the aforementioned period, the price of the purchased Product(s) and the shipping costs will be refunded, with the return shipping costs remaining the responsibility of the Customer.

7.2 Exclusions

In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts:

Supply of goods or services whose price depends on fluctuations in the financial market which are beyond the control of the professional and which may occur during the withdrawal period; ;
Supply of goods made to the consumer's specifications or clearly personalized; ;
Supply of goods liable to deteriorate or expire rapidly; ;
Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection; ;
Supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles; ;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional; ;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency; ;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery; ;
Supply of a newspaper, periodical or magazine, except for subscription contracts for such publications; ;
Concluded during a public auction; ;

7.3 Procedures for exercising the right of withdrawal

To exercise his right of withdrawal, the Customer must inform the Company of his intention to withdraw either by filling in the standard form, a model of which is shown below, or by sending an unambiguous statement expressing his intention to withdraw within the 14-day period mentioned above.

Standard withdrawal form template:<\/p>\n\n\n\n

To the attention of BOP Company,

I, the undersigned ______, hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product Name:
Order and receipt date:
Order number:
Withdrawal request tracking number:
Client Name:
Customer Address:
Customer Signature: (only if this form is submitted on paper)
Date :

This form must be sent to the Company at the following address: contact@boutique-one-piece.com<\/p>\n\n\n\n


The Customer has 14 days from the date of sending the notification of their withdrawal to return the Product to the Company in its original packaging, with the return costs being borne exclusively by the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow for resale by the Company. If Products are received opened, used, incomplete, damaged, or soiled, the Company will not issue a refund and may even, if it deems it necessary and appropriate, hold the Customer liable for the Product's depreciation.

If the Product is returned in accordance with the law and these Terms and Conditions, the Company will refund all sums paid by the Customer, including delivery charges, within 14 days of receiving notification of withdrawal, unless the Product is returned after this period. In that case, the Company will only issue the refund after receiving and verifying the condition of the returned Product.

This refund will be issued using the same payment method the Customer used to pay for the Order, unless the Customer expressly agrees to another payment method. If payment was made by gift certificate\/promotional code, the Customer will be refunded either by receiving new gift certificates\/promotional codes for the same amount as the original payment.


Article 8 \u2013 GUARANTEES

Some Products for sale on the Site benefit from a contractual warranty granted by the supplier or manufacturer of the Product, to which the Company is not a direct party.

The existence of this type of guarantee is mentioned, where applicable, on the specific Product page.
If the Customer wishes to invoke this guarantee, he should notify the Company by contacting Customer Service and consult the terms and conditions of application of the guarantee himself, which are generally included in the box concerning the Product.

It is noted that the benefit of the Manufacturer's Warranty does not preclude the application of legal provisions concerning the legal guarantee of conformity and the legal guarantee against hidden defects.


Article 9 \u2013 PROTECTION OF PERSONAL DATA

Within the framework of the business relationship, the Company, as data controller, collects certain mandatory personal data (including, in particular, name, surname, delivery address, etc., indicated by an asterisk) which are absolutely necessary for processing the Order, managing the business relationship, compiling statistics, and complying with the Company's legal and regulatory obligations. This data is retained for 5 years from the end of the Contract.

Failure by the Customer to provide this information will make it impossible to process their Order.

This data is intended for internal use by the Company but may be transmitted to companies that contribute to the performance of the service, including those that ensure the delivery of the Products or ensure the processing of payments.

Regarding this personal data, the Client has several rights:
Right of access to personal data concerning him\/her; ;
Right to rectification and erasure if personal data is inaccurate, incomplete, ambiguous, outdated or if the collection, use, disclosure and storage of certain data is prohibited; ;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations; ;
Right to object to the processing of data (particularly in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, erasure and communication of your personal data
Right to withdraw consent to certain processing activities (processing carried out before the withdrawal of consent remains lawful)
Right to lodge a complaint with the CNIL.

To exercise their rights, the Customer can send a request to the following address: contact@boutique-one-piece.com

The request must include the Client's email address, full name, postal address and must be accompanied by a copy of both sides of their identity document.

A response will be sent to him within one month of receipt of the request.


Article 10 \u2013 INTELLECTUAL PROPERTY RIGHTS

Unless otherwise specifically stated on a Product page, sales of Products on the site do not entail any transfer of intellectual property rights to the Products sold.

Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their original owner. No transfer of intellectual property rights is made through these Terms and Conditions.


Article 11 \u2013 FORCE MAJEURE

The Company shall not be held liable for any failure to perform its obligations hereunder in the event of a fortuitous event or force majeure that prevents such performance. The Company shall notify the client of the occurrence of such an event as soon as possible.


Article 12 \u2013 EXCLUSION OF LIABILITY

Notwithstanding any provision to the contrary herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including in particular any modification or alteration of the Product(s) not authorized by the Company.


Article 13 \u2013 SUSPENSION \u2013 ACCOUNT TERMINATION

The Company reserves the right to suspend or terminate the account of any Customer who violates the terms and conditions, or generally applicable legal provisions, without prejudice to any damages that the Company may claim.

Any person whose account has been suspended or closed will not be able to place orders or create a new account on the Site without the prior authorization of the Company.

Article 14 \u2013 INVALIDITY AND MODIFICATION OF THE TERMS AND CONDITIONS

If any provision of these Terms and Conditions is invalid, it will be deemed unwritten, but will not invalidate the remaining contractual provisions.

Any tolerance on the part of the Company in the application of all or part of the commitments made under these Terms and Conditions, whatever its frequency and duration may have been, shall not constitute a modification of the Terms and Conditions, nor generate any right whatsoever for the Client.


Article 15 \u2013 APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms and Conditions are subject to the laws of the USA.<\/p>\n\n\n\n


In case of any difficulty, Customer Service is available to find an amicable solution.

If you are unable to resolve your issue directly with Customer Service, the European Commission has established a dispute resolution platform to collect consumer complaints following online purchases. This platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http:\/\/ec.europa.eu\/consumers\/odr\/.<\/p>\n\n\n\n

ACCOMMODATION

Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada. Phone number: 888-746-7439

For any information or advice, you can contact us directly: \u2013 online via our contact page.

We make every effort to offer our users the best possible browsing experience as well as complete and relevant information.

Should you notice any inappropriate or illegal content, please report it to us at the following address: contact@boutique-one-piece.com

We remind you that our general terms and conditions of sale are accessible at any time during your browsing at the bottom of each page of our Site, by clicking on the link "General Terms and Conditions of Sale" or on the link "Legal Notices"\u00ab<\/p>\n\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

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