GENERAL TERMS AND CONDITIONS OF SALE
1. Purpose and identification
This document (Terms and Conditions of Sale) defines the conditions applicable to sales made between those wishing to make a purchase via the BOCAGE website http://www.bocage.fr , on the one hand, hereinafter referred to as "the client” and the company BOCAGE, a limited liability company with capital of 30,140,586 euros whose registered office is located at 49111 SAINT PIERRE CEDEX MONTLIMART FRANCE registered with the Registrar of Companies in Angers under number 689.800.225, hereinafter referred to as "BOCAGE".
These conditions apply exclusively to non-commercial physical persons.
The Client can order on the internet via the website http://www.bocage.fr .
The order implies total acceptance of these terms and conditions of sale. These terms and conditions of sale may be subject to change, the applicable conditions are those in force on the site http://www.bocage.fr at the time when the order is placed.
The order can only be recorded on the site if the user has been clearly identified, entering his/her client username (matching his/her email address) and a chosen password.
No order is processed until payment has been made and accepted.
After accepting payment, BOCAGE will confirm the order by sending an email to the Client, assigning a number to the order.
3. Product availability
Any order implies acceptance of prices and descriptions of products available for sale. BOCAGE agrees to fulfil orders received on the website only within the limits of available stocks of products. In case of a lack of availability of one or more ordered product(s), BOCAGE agrees to promptly notify the client. The client's order will be automatically cancelled. No payment will be taken on behalf of the client, given that payment only occurs after goods are shipped.
Delivery is to mainland France and Corsica only, subject to the provisions mentioned below.
Any order placed on the BOCAGE website before 3pm, Monday to Friday (excluding bank holidays) will be prepared and shipped the same day, subject to confirmation of payment (see paragraph 4. Payment). Orders placed on a Saturday, Sunday or bank holiday will be processed on the first following business day.
4.1. Delivery in mainland France
The Client can choose from the following paying delivery methods:
Colissimo tracked delivery: delivery in 2 to 5 days, service costing 6 euros,
Chronopost express home delivery: delivery in 24/48 hours, excluding weekends and bank holidays, service costing 10 euros,
Mondial Relay pick-up: delivery in 24/48 hours, excluding weekends and bank holidays, service costing 6 euros,
In store delivery: delivery in 6 to 10 working days, excluding weekends and bank holidays, free service.
4.2. Delivery in Corsica
Deliveries in Corsica can only be made via Colissimo tracked delivery, with delivery in 3 to 5 days at a cost of 6 euros.
The delivery times mentioned begin when the package leaves the warehouse.
Payment for purchases is to be made by credit or debit card (Visa, MasterCard, Eurocard Mastercard) and PayPal.
Payment is confirmed on receipt of requested additional information which requires further checks.
The Client's bank account will only be debited on the day of shipment of the order. In case of partial shipment of the order, only the price of items shipped will be charged. However, in this case, the delivery fees will be included and charged as part of this first payment.
6. Right to cancel
Pursuant to Article L.121-21 of the Consumer Code, the Client has a period of 14 days to assert his/her right to cancel, without having to state a reason. The starting date of this period is the date of receipt of the order by the Client or the third party designated by him/her. If the 14-day period expires on a Saturday, Sunday or a bank holiday or non-working day, it is extended to the next business day.
To exercise this right to cancel, the Client must return the product(s) within 14 days (at the latest) after communicating his/her decision to cancel to the following address:
- BOCAGE, Service Clients, Route de chaudron en Mauges, 49 111 Saint-Pierre-Montlimart.
The client will have to include the return form, duly completed, with the package. BOCAGE will cover the cost of the return, on condition that the Client has first made a return request on the site via the form on the site or via BOCAGE Customer Service.
As proof of this, the client must imperatively retain the proof of postage received for the package.
The client can also use the cancellation form which is available by clicking here. BOCAGE will cover the cost of the return, on condition that the client has first made a return request on the site via the "Return Request" form or by contacting Customer Service.
In the event of a Client exercising the right to cancel, BOCAGE will refund the price of the item(s) concerned to the Client.
Refunds will be made within 14 days of the date on which BOCAGE is notified by the Client of his/her decision to cancel. In any event, the refund cannot take place before BOCAGE receives the item(s) which the Client has chosen to cancel or proof of evidence that the latter has been sent.
The refund will be made via the means of payment used for the order, unless the Client agrees on a different payment method with BOCAGE.
The refund will not be made if the item concerned is damaged, having been handled in a manner other than that necessary to establish the nature, features and conformity of the item.
7. Return and refunds
7.1.Deadline for returning an item Regardless of the cancellation period mentioned above, the Client has a period of 30 days from the date of receipt of goods to return the item(s) if it does not suit him/her, subject to the conditions set out below.
7.2. Conditions for returns
- Return via Colissimo tracked delivery
To make a return, the Client must send it back to:
BOCAGE, Service Clients, Route de chaudron en mauges, 49 111 Saint-pierre-Montlimart.
The Client will have to include the return form, duly completed with the reason for the return, with the package. BOCAGE will cover the cost of the return, on condition that the Client has first made a return request via Customer Service.
As proof of this, the Client must imperatively retain the proof of postage received for the package.
- Returns to BOCAGE stores
The Client may also return or directly exchange the product by returning it to the nearest BOCAGE store, along with the invoice attached to the package and the duly completed return slip.
7.3. Product state
All returned products (shoes, original packaging, accessories, manuals, etc.) must be new, unused, in their original box and without any marks.
BOCAGE will judge the state of the returned goods on receipt of the package. No returns will be accepted and therefore no refund will be made if the returned product has been visibly used or damaged by the client and if the use or damage has rendered the product unfit for sale.
7.4. Refunds for returns
If returned according to the conditions mentioned above, BOCAGE will refund returned products no later than 30 days after the return of the goods. BOCAGE will also cover the cost of the return, on condition that the Client has first made a return request via BOCAGE Customer Service. No refund will be made for return shipping costs in retrospect.
This refund will be made by bank transfer to the customer's bank account.
7.5. Refunds for shipping costs
BOCAGE will refund shipping costs incurred by the client if the order is returned in full and within 30 days of receipt of order.
7.6. Legal guarantees
Products benefit from the legal guarantee of conformity (Article L 211-4 and following of the Consumer Code) and the guarantee against hidden defects (Article 1641 of the Civil Code).
No guarantee is valid in case of damages which are external in origin or the consequence of misuse, improper handling, neglect or lack of maintenance by the Client, as in the case of normal wear and tear.
• 7.6.1 Legal guarantee of conformity and guarantee against hidden defects.
Products benefit from the legal guarantee of conformity (Article L 211-4 and following of the Consumer Code) and the guarantee against hidden defects (Article 1641 of the Civil Code). No guarantee is valid in case of damages which are external in origin or the consequence of misuse, improper handling, neglect or lack of maintenance by the Client, as in the case of normal wear and tear.
- Article L211-4 of the Consumer Code
The seller must deliver goods which comply with the description within the contract (...).
- Article L211-5 of the Consumer Code
To comply with the contract, the goods must:
- 1º Be suitable for the general use of a similar item and, where applicable, match the description given by the seller and possess the qualities which he/she has presented to the buyer in the form of a sample or model; have the features which a buyer might reasonably expect given the public statements made by the seller, the producer or his/her representative, particularly in advertising or labelling;
- 2º Or have the characteristics defined by mutual agreement by the parties or be suitable for any particular purpose for which the buyer has made known to the seller and which the latter has accepted.
- Article L211.7 of the Consumer Code
Any lack of conformity which becomes apparent within six months from delivery of the goods is presumed to exist at the time of delivery, unless proved otherwise.
The seller can rebut this presumption if it is not compatible with the nature of the goods or the defect in conformity.
- Article L211-9 of the Consumer Code
In case of lack of conformity, the buyer chooses between the repair and replacement of the goods. However, the seller may choose not to agree to the buyer's choice if the choice involves a manifestly disproportionate cost in relation to the other, given the value of the goods or severity of the fault. He/she is then required to proceed, where possible, with the option not chosen by the buyer.
- Article L211.10 of the Consumer Code
If repair and replacement of the goods are impossible, the buyer can return the goods and receive a refund for the price of the goods or keep the goods and receive a refund for part of the price.
The same right is available to him/her:
- 1° If the requested solution, proposed or agreed pursuant to Article L.211-9 cannot be implemented within the period of one month following the claim by the buyer;
- 2° Or if the requested solution is not without major inconvenience to the buyer in view of the nature of the goods and their proposed usage.
However, the cancellation of the sale cannot be imposed if the defect is minor.
-Article L211-12 of the Consumer Code
Proceedings resulting from a lack of conformity must occur within two years after delivery of the goods.
-Article L211-13 of the Consumer Code
The provisions of this section shall not deprive the buyer of the right to bring proceedings as a result of critical defects as explained in articles 1641 to 1649 of the Civil Code or any other proceedings of a contractual or extra-contractual nature recognised by law.
-Article 1641 of the Civil Code: The seller is required to guarantee against hidden defects of the item sold which render it unfit for the use for which it was intended, or which reduce this use to such an extent that the buyer would not have bought it or would have paid a lower price, if he/she had known.
-Article 1648, paragraph 1 of the Civil Code: Proceedings resulting from critical defects must be pursued by the buyer within two years of discovery of the defect.
The guarantor against defects of the item sold is the simplified joint-stock company BOCAGE whose registered office is located at Route de Chaudron en Mauges, 49111 Saint Pierre Montlimart.
When it comes to this legal guarantee of conformity, the client has a period of two years from delivery of the product to act and can choose between repair or replacement of the goods, subject to cost conditions set out in Article L. 211-9 of the Consumer Code, is not obliged to prove the existence of the lack of conformity of the goods during the 6 months following delivery of the goods. The legal guarantee of conformity applies regardless of possible commercial guarantees which may be made.
The client may decide to implement the guarantee against hidden defects of the item sold, pursuant to Article 1641 of the Civil Code and can choose between cancelling the sale or a reduction in the purchase price in accordance with Article 1644 of the Civil Code.
• 7.6.2 Procedures for returns and refunds for defective or non-conforming productsThe Client who intends to benefit from the legal guarantee of conformity or hidden defects must return the item within the legal deadlines:
- either in store, where staff will confirm the non-conformity or hidden defects.
- or to BOCAGE at the following address: BOCAGE, Web Customer Service, Route de Chaudron en Mauges, 49111 SAINT-PIERRE-MONTLIMART. Prior to this return, the Client can contact Customer Service on 02 41 71 74 00. Customer Service will explain the process to the Client.
When returning a defective or non-conforming product, BOCAGE, after verifying the defect or non-conformity of the product, will refund the Client the price of the product(s) concerned, the cost of the return and, if the entire order is returned, the original shipping costs.
In case of in-store returns, the Client will be refunded the amount paid for the items. The Client must contact the Web Customer Service to receive a refund for shipping costs when returning an entire order.
Product prices are indicated in euros, including all taxes, excluding the shipping and delivery costs (see paragraph 4. Delivery).
BOCAGE reserves the right to change prices at any time, without warning. The products will be invoiced based on the prices in effect at the time of the order. The products remain the property of BOCAGE until full payment is received.
9. Security of transactions
BOCAGE does its utmost to ensure the confidentiality and security of data sent via the internet and on the website http://www.bocage.fr. As part of this, the website uses an SSL (Secure Socket Layer) secure payment system.
All elements of the BOCAGE site, whether visual or audio, are protected by copyright, trademarks or patents. They are the exclusive property of the company BOCAGE. As such, and in accordance with the Intellectual Property Code, its use is only authorised for private use subject to different rules, even more restrictive than those of the Intellectual Property Code. Total or partial reproduction of the BOCAGE site is strictly prohibited unless prior agreement is given.
11. Personal data
The user can expressly oppose the sharing of his/her details. To do so, he/she must communicate his/her wishes in writing to BOCAGE, Customer Service, Route de Chaudron en Mauges, 49111 Saint-Pierre-Montlimart.
The automated processing of information, including the management of users' email addresses, was the subject of a declaration to the CNIL.
In accordance with the law of 6 January 1978, the user has a right to access and correct data concerning him/her.
The company BOCAGE is bound, at all stages of access to the site, only within the limits of due care. BOCAGE cannot be held liable for any inconvenience or damage arising from the use of the internet, including interruption of service, external interference, the presence of computer viruses or any other force majeure, in accordance with the law.
In addition, the company BOCAGE cannot be liable if an order is not concluded or if it was prevented from meeting any of its obligations by a force majeure as defined in the legal sense, including a strike or bad weather preventing the delivery of the order.
In the event that any clause of this contract is found to be null and void because of a change in legislation or regulation or a court decision, this will not affect in any way the validity and enforceability of these general terms and conditions of sale.
These terms and conditions apply for as long as services are offered online by the company BOCAGE.
Computer records, stored in the computer systems of the company BOCAGE and its partners under reasonable security conditions, will be considered proof of communication, orders and payments between the parties.
16. Storing and archiving transactions
Purchase orders and invoices are archived to a reliable and long-lasting medium, enabling the production of exact and long-lasting copies pursuant to section 1348 of the Civil Code.
These conditions are subject to French law.
In case of dispute, BOCAGE and the Client will attempt to resolve it amicably. Should the settlement process fail, the competent court in cases of dispute will be located where the defendant is domiciled.
18. Customer service
For information or questions, BOCAGE’s Customer Service is available by phone from Monday to Friday, from 8:30am to 12:00 noon and from 2:00pm to 5:00pm on 02 41 71 74 00; by email at the following address: firstname.lastname@example.org or by post addressed to BOCAGE, Service clients, Route de Chaudron en Mauges, 49111 Saint-Pierre-Montlimart.