Refund Policy

Website Refund Policy boudoir-nimois.com

applicable from 07/02/2023

ARTICLE 1. PARTIES

This refund policy is applicable between Boudoir Nimes , Self-employed , registered with the RCS of nimes in France , under number Nimes A 881 195 176 , head office: 52 Rue Bachalas, 30000 Nimes, FR , telephone: +33625680338 , email: herry.mewen+3@gmail.com , intra-community VAT number: FR17881195176 , hereinafter “the Publisher” and any person, natural or legal, private or public law, registered on the Site to purchase a Product, hereinafter “the Customer”.

ARTICLE 2. DEFINITIONS

“ Client ”: any person, natural or legal, private or public law, registered on the Site.

“ Contents of the Site” : elements of any nature published on the Site, protected or not by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.

" The Publisher ": Boudoir Nimes , Self-employed taken in its capacity as publisher of the Site.

“ Internet user ”: any person, natural or legal, private or public, connecting to the Site.

“ Product ”: goods of any kind sold on the Site by the Publisher to Customers.

“ Site ”: website accessible at the URL boudoir-nimois.com , as well as the sub-sites, mirror sites, portals and URL variations related thereto.

ARTICLE 3. SCOPE OF APPLICATION

The Site is freely accessible and free of charge to any Internet user. Browsing the Site implies acceptance by any Internet user of these general conditions. Simply connecting to the Site, by any means whatsoever, in particular via a robot or a browser, will imply full and complete acceptance of these general conditions. When registering on the Site, this acceptance will be confirmed by checking the corresponding box.

The Internet user thereby acknowledges having fully understood them and accepts them without restriction.

Checking the above box will be deemed to have the same value as a handwritten signature from the Internet User. The Internet User acknowledges the evidentiary value of the Publisher's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

These general conditions are applicable to the relations between the parties to the exclusion of all other conditions, and in particular those of the Internet user.

Acceptance of these general conditions assumes that Internet users have the legal capacity necessary for this, or failing that, that they have the authorization of a guardian or curator if they are incapable, of their legal representative if they are minors, or that they hold a mandate if they are acting on behalf of a legal entity.

ARTICLE 4. PURPOSE OF THE SITE

The purpose of the Site is the sale of Products to Customers.

ARTICLE 5. ORDER STEPS

5.1. Order

In order to place an order, Internet users may select one or more Products and add them to their basket. The availability of the Products is indicated on the Site, in the description sheet for each item. When their order is complete, they can access their basket by clicking on the button provided for this purpose.

5.2. Validation of the order by the Internet user

By consulting their basket, Internet users will have the ability to check the number and nature of the Products they have chosen and will be able to check their unit price, as well as their overall price. They will have the option of removing one or more Products from their basket.

If their order is satisfactory, Internet users will be able to validate it. They will then access a form on which they can either enter their login details if they already have them, or register on the Site by completing the registration form using their personal information.

5.3. Payment by the Customer

Once they are connected or after they have fully completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected for this purpose to the secure payment interface containing the words "order with payment obligation" or any similar formula.

5.4. Confirmation of the order by the Publisher

Once the payment has actually been received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum period of 24 hours. Within the same period, the Publisher undertakes to send the Customer an email summarizing the order and confirming its processing, including all the information relating thereto.

ARTICLE 6. PRICE - PAYMENT

6.1. Price

The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are only valid on the day of the order and do not have effect for the future.

The prices indicated on the Site are understood to be in euros, all taxes included, excluding delivery costs.

6.2. Payment method

The Customer can make payment by Paypal, Stripe .

In the context of payments by bank card, the Publisher does not have access to any data relating to the Customer's means of payment. Payment is made directly to the banking establishment.

In the event of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.

6.3. Billing

The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.

6.4. Default of payment

Agreed payment dates cannot be delayed for any reason whatsoever, including in the event of a dispute.

Any amount not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the amounts due in principal.

In addition, any late payment will result in the defaulting Customer being billed for recovery costs of 40 euros, all amounts remaining due becoming due immediately regardless of the agreed deadlines, plus compensation of 20% of the amount as a penalty clause, as well as the possibility of terminating the contract unilaterally due to the Customer. This clause is part of the provisions of Article 1152 of the Civil Code, allowing the judge to reduce the compensation if the judge considers it to be excessive.

6.5. Retention of title

The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.

ARTICLE 7. COMPLAINT - WITHDRAWAL - GUARANTEE

7.1. Customer Service

The Site's customer service is accessible from Monday At Friday of 09:00 has 12:00 to the following non-premium rate telephone number: 0757823292 , by email to: service-client@boudoir-nimois.com or by post to the address indicated in article 1 of these general conditions. In these last two cases, the Publisher undertakes to provide a response within 1 working days .

7.2. Right of withdrawal – Distance selling

This article 7.2 is applicable to the Customer having the status of consumer within the meaning of the introductory article of the Consumer Code.

7.2.1. Conditions for exercising the right of withdrawal

In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs.

The period referred to in the preceding paragraph shall run from either the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the provision of digital content not provided on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

In the case of an order for several goods delivered separately or in the case of an order for a good composed of lots or multiple parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part. For contracts providing for the regular delivery of goods during a defined period, the period runs from the receipt of the first good.

When the period of fourteen days expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

The decision to withdraw must be notified to the Publisher at the contact details indicated in Article 1 of these general terms and conditions by means of an unambiguous statement. The Customer may, for example, use the standard form provided at the end of these general terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of said withdrawal by email as soon as possible.

7.2.2. Effects of the right of withdrawal

The Customer returns or restores the products to the professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.

When the right of withdrawal is exercised, the professional is required to reimburse the Customer for the full amount paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the professional may defer reimbursement until recovery of the Products or until the Customer has provided proof of shipment of the Products, whichever is the earlier. Beyond this, the amount due is, by operation of law, productive of interest at the legal rate in force, as specified in Article L. 242-4 of the Consumer Code.

Where applicable, the professional will make the reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and to the extent that the reimbursement does not incur any costs for the Customer. However, the professional is not required to reimburse the additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered.

The direct costs of returning the Product are the responsibility of the Customer. These costs are estimated at a maximum of 9 euros if, due to its nature, the Product cannot normally be returned by post.

The Customer is only liable for any depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.

The conditions, deadlines and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these general conditions.

7.2.3. Exclusions from the right of withdrawal

The right of withdrawal does not apply, in particular, to contracts:

  • for the provision of services fully performed before the end of the withdrawal period and the execution of which began after the express prior agreement of the Customer and express waiver of his right of withdrawal;
  • for the supply of goods made to the Customer's specifications or clearly personalized;
  • of supply of goods liable to deteriorate or expire rapidly;
  • for the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
  • for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
  • for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
  • maintenance or repair work to be carried out urgently at the Customer's home and expressly requested by the Customer, within the limit of spare parts and work strictly necessary to respond to the emergency;
  • for the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
  • for the supply of a newspaper, periodical or magazine, except for subscription contracts to such publications;
  • concluded at a public auction;
  • of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;
  • for the supply of digital content not provided on a physical medium, the execution of which has begun after the express prior agreement of the Customer and express waiver of his right of withdrawal.

Similarly, the right of withdrawal is not applicable to contracts executed in full by both parties at the express request of the Customer before the latter exercises his right of withdrawal.

7.3. Termination of the contract at the initiative of the Client

The Consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods is exceeded by more than seven days. The Customer will then be reimbursed for the sums paid by him when ordering.

This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to invoke the termination of the sale provided for in this article.

7.4. Guarantees

7.4.1. Warranty for apparent defects and faults

It is the Customer's responsibility to check the good condition of the Products at the time of delivery. This check must particularly concern the quality, quantities and references of the Products as well as their conformity with the order. No complaints will be taken into account after a period of three days from delivery. In any event, any complaints concerning the delivered packages will only be taken into account if the Customer, who is a trader, has made reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.

7.4.2. Warranty for hidden defects and faults
7.4.2.1. Legal guarantees

Customers have a legal guarantee of compliant delivery (article 1604 of the Civil Code), a legal guarantee against hidden defects (articles 1641 et seq. of the Civil Code) and a security guarantee (articles 1245 et seq. of the Civil Code).

Customers with consumer status also have a legal guarantee of conformity (articles L. 217-4 et seq. of the Consumer Code).

7.4.2.2. Conventional guarantee

The Products benefit, in addition to the legal guarantee, from a conventional guarantee of conformity on French territory, for a period of 1 years from delivery of the Product.

7.4.2.3. Return

In order to implement the guarantee, it is the Customer's responsibility to return the product to the Publisher's head office address, accompanied by an explanatory letter requesting either repair, exchange or reimbursement.

In any event, the Customer is requested to follow the Publisher's instructions precisely regarding the return of the Products.

The costs of returning the Product remain the responsibility of the Customer, except for consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.

The Consumer Customer has a period of 2 years from the delivery of the goods to take action against the seller. As such, he can choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the lack of conformity of the Product during the 24 months following the delivery of said Product, except for second-hand goods.

Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.

When the Consumer Customer decides to implement the hidden defects guarantee, he can choose between the resolution of the sale or a reduction in the sale price.

ARTICLE 8. FINAL STIPULATIONS

8.1. Applicable law

These general conditions are subject to the application of French law.

8.2. Modifications to these general conditions

These general conditions may be modified at any time by the Publisher. The general conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space implying acceptance on where applicable, new general conditions.

8.3. Disputes

Pursuant to Order No. 2015-1033 of August 20, 2015, any disputes with a Consumer Client which may arise in the context of the execution of these general conditions and for which a solution could not be found prior to the amicable agreement between the parties must be submitted.

In addition, the Consumer Client is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show .

Since January 1, 2016, mediation has been mandatory for everyone. Thus, any professional selling to individuals is required to provide the contact details of a competent Mediator in the event of a dispute, regardless of whether they sell remotely or in a physical store (Source: FEVAD).

boudoir nimes / info@boudoir-nimois.com

8.4. Entirety

The invalidity of one of the clauses of this contract shall not entail the invalidity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the cancelled stipulation with a valid stipulation corresponding to the spirit and purpose of these terms.

8.5. Non-waiver

The Publisher's failure to exercise the rights granted to it herein may not under any circumstances be interpreted as a waiver of the right to assert said rights.

8.6. Telephone canvassing

The Customer is informed that he has the possibility of registering on the list of opposition to telephone canvassing at the address http://www.bloctel.gouv.fr/ .

8.7. Languages ​​of these general conditions

These general conditions are offered in French.

8.8. Abusive clauses

The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair clauses in contracts concluded between a professional and a consumer.