Terms and conditions
www.bostemstudio.com is published by Société BOSTEM, a simplified joint-stock company with a capital of € 1,000, whose registered office is at 41 Boulevard Félix Mercader, 66000 Perpignan, France, registered with the Trade and Companies Registry of Perpignan under the name of number 849 099 437.
APPLICATIONS OF THE TERMS AND CONDITIONS OF SALE
The general conditions of sale or GTC detailed below apply to all orders for products placed via the website : www.bostemstudio.com from BOSTEM by any individual.
The Customer must read the GTC prior to any order, the GTC is available on the website.
The company BOSTEM reserves the right to adapt or modify these Terms and Conditions at any time. The version of the GTC applicable to any sale being the one appearing online on the site : www.bostemstudio.com at the time of the order. Consequently, placing an order requires full prior and unreserved acceptance of the GCS by the customer by clicking on the button "I have read and I accept the general conditions of sale".
INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.bostemstudio.com is an e-commerce site owned and operated by BOSTEM.
This website is accessible to all users of the Internet network in principle 24 / 24h, 7 / 7d, except interruption, scheduled or not, by BOSTEM or its providers, for the purposes of maintenance and / or security or case of force majeure (as defined below). BOSTEM can not be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
BOSTEM does not warrant that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, he may freely determine, at his sole discretion, any period of unavailability of the Site or its content. BOSTEM can not be held responsible for problems of data transmission, connection or unavailability of the network.
BOSTEM reserves the right to change the Site, for technical or commercial reasons. When these modifications do not alter the conditions of the provision of the services, in a substantial and negative way, the Customer can be informed of the changes that have occurred, but his acceptance is not solicited.
REGISTRATION ON THE SITE
By registering on the site, the Client declares and guarantees BOSTEM that he is of legal age and has the legal capacity to contract.
BOSTEM may delete the customer's account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the site on the day of consultation by the customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of BOSTEM. As such, BOSTEM can not be held responsible for the cancellation of an order for a product due to the depletion of stocks.
BOSTEM takes the greatest care in the presentation and description of its product to best satisfy the customer's information. However, it is possible that errors may appear on the site, which the customer acknowledges and accepts.
BOSTEM does not warrant the accuracy or security of the information transmitted or obtained through the site.
It is possible that the Customer receives after an order a piece previously returned by another person. It is specified that BOSTEM only accepts the return of intact and unworn products, both conditions being controlled before the return of the returned products.
Order taking on the Site is subject to compliance with the procedure set up by BOSTEM on the sitescomprising successive steps leading to the validation of the order.
The customer can select as many products as he wants to add to the basket.
The basket summarizes the products chosen by the customer as well as the prices and related costs. The customer may freely modify the basket before validating his order. The validation of the order is confirmation of the acceptance by the customer of the GTC, the Products purchased, their price and the associated costs.
A confirmation email summarizing the order (Product (s), price, availability of the product (s), quantity ...) will be sent to the Customer by BOSTEM. For this purpose, the customer formally accepts the use of email for confirmation by BOSTEM of the content of the order. Invoices are available in the "my account" tab of the site.
REFUSAL TO PROCESS AN ORDER
BOSTEM reserves the right to withdraw at any time any product posted on the Site and to replace or modify any content or information appearing on the webite. Despite the best efforts of BOSTEM to meet the expectations of its customers, it may be that the latter may refuse to process an order after sending the scustomer the confirmation email of the order.
BOSTEM shall not be liable to the customer or any third party for the harmful consequences of the withdrawal of a product from the site, or the replacement or modification of any content or information contained on this site, or the refusal to process an order after the sending of the confirmation email summarizing the order.
BOSTEM also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over the payment of a previous order.
PRICES AND PAYMENT TERMS
The prices of the products are indicated on the site in euros for Europe, including VAT.
All prices displayed are calculated and include the value-added tax (VAT) applicable in France or that applicable in the delivery country located in the European Union.
BOSTEM reserves the right to change prices at any time but the products will be billed based on the rates in effect at the time of registration and payment of the order, subject to availability.
The products are payable in cash at the time of the actual order.
The payment of purchases is made via Paypal or via the secure platform of our payment provider stripe
The Customer expressly acknowledges that the communication of his credit card number to BOSTEM is equivalent to the debit authorization of his bank account up to the price of the products ordered. If necessary, a notice of cancellation of an order for non-payment is sent to the customer by BOSTEM on the email address provided by the Customer when registering on the Site.
The data recorded and stored by BOSTEM is proof of the order and all past sales. The data recorded by Paypal or stripe constitute the proof of any financial transaction between the customer and BOSTEM.
Deliveries are made by Chronopost, BPost or Mondial Relay, FedEx, from Monday to Friday, depending on the option chosen by the customer when validating the order.
Delivery means the transfer to the customer of physical possession of the products.
Delivery charges applicable to the order are those mentioned on the site at the time of the order.
When BOSTEM takes care of the delivery of the product, the risk of loss or deterioration of the product is transferred to the customer at the time of delivery.
As an exception, the risk is transferred to the customer upon delivery of the product to the carrier when the latter is responsible for the transportation by the customer and not by BOSTEM.
Delivery is made to the delivery address indicated by the customer, it being specified that this must be the address of residence of the customer, a natural person of his choice or a legal entity (delivery to his company). Delivery can not be made in hotels.
In the event of impossibility to make the delivery, due to an erroneous address of delivery or the absence of withdrawal by the customer of his order with the selected point of withdrawal or Chronopost, no reshipment can be carried out and the customer will be refunded within five (5) days from receipt of the order by Bostem.
BOSTEM delivers the orders within a maximum period of sixty days (60) working days for a delivery in France and for an International delivery. For parcels sent outside of the European Union (EU) ) and DOM-TOM, customs duties or other local taxes or import duties or state taxes may be payable. The payment of these rights and sums is the sole responsibility of the customer, regardless of the charge. This period is deducted from the first business day after the validation of the order. The day after a collection is online and from November 10th to December 31st and from August 1st to September 1st, the delivery period may be increased by ten (10) days, given the large and exceptional volume of orders and / or closure of production plants.
Regarding these deadlines to be respected, the Customer must ensure that he has provided accurate and complete information concerning the delivery address (such as, in particular: street, building, staircase, building codes, etc.). access, names and / or intercom numbers, etc.).
BOSTEM can not be held responsible for the delay of delivery not being done or justified by a case of force majeure (as defined below).
In case of exceeding the delivery period, the Customer 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 sums paid on the occasion of the order. Notwithstanding the foregoing, BOSTEM can not be held responsible for the harmful consequences resulting from late delivery, only reimbursement of the Product by BOSTEM being possible to the exclusion of any other form of compensation.
RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
Time and manner of exercising the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the non-professional Client has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from BOSTEM, without having to justify his decision.
The exercise of the right of withdrawal can be made by using and sending the form of withdrawal form contained in the annex of the General Conditions of Sale, by email to the address email@example.com.
Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The customer returns the order with the invoice provided by BOSTEM, without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to retract in accordance with Article L. 221-21 of the Code of the consumption.
Beyond this period of fourteen (14) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated in the general conditions of sale.
The return of the products is the responsibility of the customer and is at his own risk.
Refund of products returned under the right of withdrawal
The reimbursement of the order by BOSTEM is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to retract.
However, the refund is subject to BOSTEM having been able to recover the Products subject of the return and the refund request.
The BOSTEM company makes the repayment using the same means of payment as that which will have been used for the payment of the order.
If the customer does not comply with these T & Cs, BOSTEM will not be able to refund the Products concerned. In any case, the return costs are borne by BOSTEM company if the Product delivered to the Customer is different from the Product ordered or in case of product defect.
GUARANTEES - LIMITATION OF LIABILITY
BOSTEM's liability for any products purchased on the site is strictly limited to the purchase price of the latter. BOSTEM will not be responsible for the following losses, regardless of their origin :
• loss of income or sales
• operating loss
• loss of profits or contracts
• loss of expected savings
• data loss
• loss of working time or management
• image damage
• loss of luck, including ordering a product
• moral damage.
The documents, descriptions and information relating to the products appearing on the site are not covered by any warranty, express or implied, with the exception of the guarantees provided by law.
BOSTEM does not provide any guarantee for any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, logic bomb or any other form of malware. A programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of the computer, including any transmission resulting from a download of any content made by the customer, software used by the latter to download the content, the Site or the server that allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate antivirus and security software on his computer hardware and other devices to protect against any bug, virus or other programming routine of this order proving harmful.
Customer acknowledges all risks associated with any content downloaded or obtained in any other way through the use of the Site and agrees that it is solely responsible for any damage to its computer system or any loss of data resulting from the download of this content.
BOSTEM is only required to deliver Products in accordance with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met: (I) they must conform to the description and possess the characteristics exhibited on the Site; (II) they must be suitable for the purposes for which products of this type are generally designed; (III) they must meet the criteria of quality and strength which are generally accepted for products of the same kind and which can reasonably be expected.
In addition, BOSTEM guarantees the consumers of the defects of conformity and latent defects for the Products on sale on the Site under the following conditions:
Apparent Vice - Warranty - Legal Compliance - Hidden Vices
The presence of an apparent defect on a Product must give rise to complaint by email (firstname.lastname@example.org)
The Customer must comply with the procedure relating to the right of withdrawal by informing beforehand by any means BOSTEM of the existence of this apparent defect, so that the return can be accepted.
Subject to the validation of a non-conformity or a defect by BOSTEM or the manufacturer as the case may be, the Customer benefits from the following guarantees:
BOSTEM whose registered office is 41 Boulevard Félix Mercader, 66000 Perpignan acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.
So the Customer:
- benefits from a period of two (2) years from the delivery of the Product to act in the event of the Product's non-conformity,
- Is exempted to prove the existence of the lack of conformity of the good during the six (6) months following the delivery of the product,
- Can choose between the repair or replacement of the Product, subject to the cost conditions provided by Article L217-9 of the Consumer Code;
The legal warranty of conformity applies regardless of the commercial warranty described below.
In addition, the customer may also implement the legal warranty for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee of latent defects allows the customer within two years from the discovery of the defect, the refund of a product that has proved unfit for its use.
The warranty against hidden defects allows the customer to be protected against hidden defects of the purchased Product and that prevent the use or affect to a point that the customer would not have purchased.
The customer then has the choice between two options: keep the Product and ask for a reduction of the price, or return the Product and request the refund of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these warranties, the product must be returned, in its original packaging, in its original condition, new.
In case of occurence of a force majeure preventing the execution of these Terms, BOSTEM notifies the Customer within fifteen (15) days of the occurrence of this event, by mail or registered letter with acknowledgment reception. Expressly, are regarded as case of force majeure or fortuitous case, besides those usually retained by the jurisprudence of the French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions with industrial character or disputes commercial, civil disorder, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in forms of commercialization, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the event of force majeure, without compensation. If the event of force majeure is extended for more than three (3) months, the transaction concerned may be terminated at the request of BOSTEM or the client without compensation from each other. Failure to pay by the customer can not be justified by a case of force majeure.
If one or more stipulations of the present GSC are considered as invalid or declared as such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and their reach.
No tolerance, inaction or inertia of BOSTEM may be construed as a waiver of its rights under the GTC.
MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION
The sale of the Products is subject to French law.
In the absence of amicable resolution, any dispute relating to the interpretation of the GTCS, the execution or the rupture of a sale, the interpretation, the execution or the termination of the present ones is subject, in the absence of agreement. amicably, to the legally competent courts.
Il est rappelé que le secret des correspondances n’est pas garanti sur le réseau Internet et qu’il appartient à chaque utilisateur d’Internet de prendre toutes les mesures appropriées de façon à protéger ses propres données et/ou logiciels de la contamination d’éventuels virus circulant sur Internet.
BOSTEM, Simplified Share Company with a capital of € 1000, registered with the Trade and Companies Register of Perpignan under number 849 099 437, whose registered office is 41 Boulevard Félix Mercader, 66000 Perpignan, France.
The director of the publication is Maxime Gandon, legal representative of BOSTEM.
Squarespace Ireland Ltd.
III. DESIGN AND PRODUCTION
Design and realization of the website www.bostemstudio.com: Ulysse Gerkens
Contact : email@example.com
IV. PERSONAL DATA AND COOKIES