Terms and conditions of sale 

ARTICLE 1 : SUBJECT

These terms and conditions of sale are intended to define the rights and obligations of MAISON BONNEFOY and the Customer of products presented by MAISON BONNEFOY on its website www.maison-bonnefoy.com (hereinafter “The Site”).  They apply exclusively between the company BONNEFOY CREATIONS, 6 rue du stade 43600 Les Villettes, Siret number: 322 106 873 00019 (hereinafter “MAISON BONNEFOY”) and any consumer visiting or making a purchase via that Site (hereinafter “The Customer”).

On the website, MAISON BONNEFOY allows the Customer to order online products of the MAISON BONNEFOY brand (hereafter “the product or products”) in accordance with these terms and conditions.

Every order placed with MAISON BONNEFOY therefore implies the Customer’s unreserved acceptance. These general terms and conditions can be modified at any time and without notice by MAISON BONNEFOY, the conditions applicable being those in effect on the date of the Customer’s order.

ARTICLE 2 : PRODUCTS AND COMPLIANCE

2.1 Products for sale are presented on the MAISON BONNEFOY website alongside a description.

2.2 The products offered by MAISON BONNEFOY comply with the applicable standards in France.

Items such as photographs, texts, graphics and all the information and features illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.

Accordingly, MAISON BONNEFOY cannot incur any liability in the event of an error or omission of any of these elements or in the event of changes to such items by suppliers and/or editors.

2.3 Intellectual Property

The products remain the property of MAISON BONNEFOY until the customer has fulfilled all obligations towards them, including until the full payment of the price (Law 80-335 of 15/05/1980).  Texts, comments, works, illustrations, images and videos on the www.maison-bonnefoy.com website are reserved worldwide for copyright and intellectual property.  All the items presented and cited on the site remain the full property of MAISON BONNEFOY. Any (total or partial) use of these elements or reproduction constitutes infringement and is sanctioned under intellectual property, unless there is written prior authorisation from MAISON BONNEFOY.

ARTICLE 3. OBLIGATIONS OF THE CUSTOMER

3.1 The Customer confirms to be at least 18 years old and have the legal capacity or parental authorisation to place an order on the Site.

3.2 The Customer undertakes to communicate to MAISON BONNEFOY the actual and necessary information to carry out the service subject to these conditions as requested online and according to his/her situation, including his/her surname, first name, address, phone number and valid e-mail address.

The Customer is responsible for the consequences arising from false or inaccurate information whose retrieval would be unlawful.

3.3 Once the order has been placed, MAISON BONNEFOY sends the Customer an e-mail confirming this.

 

ARTICLE 4 : ORDER

4.1 Orders will only be validated after acceptance of payment.

4.2 MAISON BONNEFOY reserves the right to cancel or refuse an order in the event of a dispute with the Customer over an earlier order.

4.3 MAISON BONNEFOY can accept orders within the limits of stock availability.  MAISON BONNEFOY shall inform the Customer of the availability of the Products sold on the Site when confirming the order.

If, despite the due care of MAISON BONNEFOY, if the products are unavailable, MAISON BONNEFOY will notify the Customer by e-mail as soon as possible. The Customer will then be able to cancel his/ her order and, if applicable, be reimbursed for the amount already paid.

The fact that the item is permanently or temporary unavailable cannot in any way incur the responsibility of MAISON BONNEFOY, nor can it incite any right to compensation or damages in favour of the Customer.

 

ARTICLE 5 : PRICE

 5.1 Prices posted on the Site are shown in euros with all French taxes included (French VAT and possibly other taxes applicable), excluding shipping costs.

The shipping costs will be shown in the Customer's basket, before the final validation of the order.

Prices can be changed at any time, without notice, especially in the event of a change in tax or economic data.  Items will be invoiced based on the rates in effect at the time the order is registered.

 

ARTICLE 6 : DELIVERY

6.1 MAISON BONNEFOY livre ses Produits en France.

6.1 MAISON BONNEFOY delivers its Products in France.

The products are dispatched with the invoice, to the delivery address indicated by the Customer at the time of the order.  Delivery times are shown on the site based on each carrier at the time of delivery.  In order for these deadlines to be met, the Customer must ensure that they have provided accurate and complete information about the delivery address (such as: street and house number, building name, staircase identification (if applicable), passcode (if applicable), names and/or intercom numbers, etc.).

In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer can cancel the order by recorded letter with notice of receipt and request the refund of his/her order.

If the item has been dispatched prior to receipt of the cancellation of the order for delivery delays of more than 7 days, MAISON BONNEFOY will refund the item and return shipping costs, upon receipt, complete, in its original condition and with all labels.

MAISON BONNEFOY undertakes to inform the Customer of the evolution of the processing of his/her order.

In the event of damaged parcels (already open, missing products...), the Customer undertakes to notify the carrier and MAISON BONNEFOY, by all means, all reservations within 3 days of receiving the product.

MAISON BONNEFOY cannot be held responsible for the consequences of a delay in routing that is not its fault.

 

ARTICLE 7 : PAYMENT

Payment must be made in full when placing the order. At no time can the sums paid be considered as deposits or instalments.  The Customer shall pay for the order by bank card in accordance with the provisions of this article.

MAISON BONNEFOY does not accept payments via cheque, the Customer will have to use another means of payment proposed.

For all transactions, the Customer will indicate the number on the front of his/her card, the expiry date of the card and the card security code on the back of the card (last three digits).

By communicating the bank card number, the Customer is thus authorising MAISON BONNEFOY to debit his/her account due for the amount of the order.

No counter-refund shipments will be accepted for any reason.

MAISON BONNEFOY retains ownership of the item until the full payment by the Customer.  Purchases are made in a secure manner.  The payment solution adopted by MAISON BONNEFOY is 100% secure. For payments by bank card, all the information which Customers communicate to MAISON BONNEFOY is strictly protected and guarantees the compliance and security of each transaction.

 

ARTICLE 8 : RETURNS AND REIMBURSEMENT OF THE PRODUCT(S)

Within a withdrawal period of fourteen (14) days from receipt of the order, the Customer will be able to request to return the Product (or Products) to MAISON BONNEFOY.  This period can be extended to thirty (30) days over the Christmas period from 20th November to 19th December.

The products must be returned in their original packaging, in perfect condition, new, unworn, unwashed, accompanied if possible by the delivery voucher or invoice received in the order.  Incomplete, damaged, ruined or soiled returned items will not be accepted or will be subject to a discount.

Returns are offered from mainland France. To take advantage of the free returns, the Customer will need to contact customer service on contact@maison-bonnefoy.com to obtain a prepaid return voucher or use the withdrawal form by clicking on the following link: withdrawal form

MAISON BONNEFOY will do its utmost to reimburse the consumer within fifteen (15) days of receipt of the returned products, by crediting the consumer's bank account with the corresponding amount.

The refund will, in any event, take place no later than fifteen (15) days from the receipt of the returned products.

Only the price of the returned product will be refunded, the initial shipping costs will remain at the Customer's expense.

In the absence of compliance by the Customer with these conditions, MAISON BONNEFOY will not be able to make a refund or issue a credit note for the Products concerned.

As far as masks are concerned, given the personal and sanitary nature of the article, these cannot be returned nor exchanged.  Pursuant to article L 221-28 of the consumer code : Created by Order No. 2016-301 of 14th March 2016 - art. The right of withdrawal cannot be exercised for contracts:  Paragraph 5 Supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection. 

 

ARTICLE 9 : WARRANTIES AND RESPONSIBILITY

9.1. Legal warranties

All products supplied by MAISON BONNEFOY benefit from the legal warranty of compliance under Articles L .211-4 to L.211-14 of the Consumer Code and the legal warranty of hidden defects provided for in Articles 1641 to 1649 of the Civil Code.

The product warranty corresponds to the “manufacturer’s warranty”. The “manufacturer’s warranty” is for any material or manufacturing defects.

MAISON BONNEFOY only has, for all stages of access to the site, from the ordering process to the shipment of the parcel or later services, an obligation of conduct. MAISON BONNEFOY’S liability cannot be incurred for any inconvenience or damage inherent in the use of the Internet network, including a breach of service, an external intrusion or the presence of computer viruses, or in any fact classified as force majeure, in accordance with the law and jurisprudence.

9.2 : After sales service

Complaints regarding warranties must be sent by e-mail to the Customer relations service: contact@maison-bonnefoy.com

Products covered by the warranty must be returned new, complete, and in their original condition and packaging after receipt and confirmation of the claim by the after-sales service.

9.3 : Limitation of liability

MAISON BONNEFOY’S liability cannot be incurred in the event of non-performance or poor performance of the sales contract, to the consumer, to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.

 

ARTICLE 10 : INTELLECTUAL PROPERTY

The MAISON BONNEFOY brand remains the exclusive property of the company BONNEFOY CREATIONS.

Any total or partial reproduction, modification or use of the brand, drawings and designs, illustrations, images and logotypes, for any reason and on any medium, is strictly prohibited.

All texts, comments, illustrations and images on the www.maison-bonnefoy.com website are protected by copyright.

The use of all or part of the site, including downloading, reproduction, transmission or representation for purposes other than for personal and private use for non-commercial purposes, is prohibited.

 

ARTICLE 11 : FORCE MAJEURE

In the event of force majeure, the party concerned must notify the other within 15 days of the occurrence of that event, by registered letter with acknowledgement of receipt.

The following are expressly considered as a case of force majeure or unforeseeable circumstances, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil disturbance, insurrection, war, bad weather, epidemic, blocking of means of transport or supply for whatever reason , earthquakes, fire, storms, flood, water damage, government or legal restrictions, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunication networks, and any other case beyond the control of the parties preventing the normal performance of the contractual relationship.

 

All the obligations of the parties will be suspended for the duration of the force majeure event, without compensation.

 

If the event of force majeure lasts for more than three (3) months, the contract concerned may be legally terminated without compensation for either party.

 

ARTICLE 12 : GENERAL PROVISIONS

12.1 Partial non-validity of a clause

If any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.

12.2 Update

These terms and conditions can be modified at any time and without notice by MAISON BONNEFOY, the applicable conditions being those in effect on the date of the Customer’s order.

12.3 Applicable Law - Competent Tribunal

These terms and conditions are subject to French law with regard to substantive rules as well as procedural rules.  Any dispute must be the subject of an amicable settlement attempt.

In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding plurality of defendants or appeal as collateral.

12.4 Reproduction of applicable texts (ordinance 2005-136 of 17th February 2005, consumer code, civil code)

Art. L. 211-4. of the Consumer Code

The seller is required to deliver contract-compliant goods and responds to any compliance deficiencies that exist at the time of issuance.  It also addresses compliance defects resulting from the packaging, assembly instructions or installation when it has been placed in its care by the contract or has been carried out under its responsibility.

 Art. L.211-5. of the Consumer Code 

To comply with the contract, the goods must:

-                Be specific to the usually expected use of similar goods and, if necessary:

-               Match the description given by the seller and possess the qualities that the seller presented to the Customer in the form of a sample or model;

-               Present the qualities that a Customer can legitimately expect with regard to public statements made by the seller, the manufacturer or his representative, especially in advertising or labelling;

Art. L.211-12. of the Consumer Code

The action resulting from the non-compliance is stipulated for two years from the issuance of the goods.

Art. 1641 of the Civil code

The seller is bound by the warranty because of the hidden defects of the item sold which make it unsuitable for the purpose to which it is intended, or which diminish this use so much, that the Customer would not have acquired it, or would have paid a lower price, if he/she had known.

Art. 1648 paragraph 1 of the civil code

The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.

You can contact MAISON BONNEFOY by telephone on 04 71 66 07 34.