GENERAL CONDITIONS OF SALE APPLICABLE TO INDIVIDUALS
Last updated on: April 08, 2021
Important: In view of the situation relating to Covid-19 in France and around the world, the delivery times indicated below are provided for information only. Current circumstances are disrupting our operations and may impact our deliveries. Le Bourgeois makes every effort to meet your needs in the best possible conditions and apologizes for any delays in delivery beyond its control and will.
1. ACCEPTANCE OF THE GENERAL CONDITIONS OF SALE
These General Conditions of Sale (hereinafter "GTC") apply to the sale of products from the site https://le-bourgeois.com and define the rights and obligations of the seller and the customer in the context of the sale. on line.
Continued browsing on our site ( le-bourgeois.com ) implies unreserved acceptance of the following terms and conditions of sale. The buyer acknowledges having accepted the T&Cs before placing an order. The fact of placing an order entails full, immediate and unreserved acceptance by the buyer of the GCS in force at the time of placing the order.
The current version of these T&Cs is the only opposable one:
- - For the duration of use of the site and until a new version replaces it;
- - For any order of products from the https://le-bourgeois.com site, the T&Cs prevail over any other document issued by Le-Bourgeois or any other general conditions of purchase. Le Bourgeois reserves the right to derogate from certain clauses herein or to establish categorical general conditions of sale according to the buyers. These derogations will give rise to the establishment of special conditions of sale, subject to an express, written and prior agreement between the seller and the buyer. Le Bourgeois reserves the right to modify these conditions at any time and undertakes to inform its customers of any modification, by e-mail, post or by notification on the Site. 2. THE SELLER
Under the terms of these T&Cs, the " seller " is the company LC TEX, simplified joint stock company (single partner company) with share capital of €5,000, registered with the RCS of Sarreguemines under number 847 683 570, whose registered office est 7 rue de couhés 57500 Saint Avold 3. THE CUSTOMER Under the terms hereof, the “ customer ” designates any private individual, an adult natural person having the capacity to contract, placing an order on our website. Any professional customer or legal entity wishing to place an order for our products, in particular for the resale of products sold by Le Bourgeois, is invited to refer to the general conditions of sale applicable to professionals.
4. PRODUCTS OFFERED FOR SALE
The products offered for sale are those which appear on our site https://le-bourgeois.com . Each product has a product sheet, indicating the price, the delivery terms, the product reference and its brand, the description and the essential characteristics of the product.
The list of products indicated on the site may change depending on the production methods of our suppliers.
The photographs accompanying the products are provided for information only and have no contractual value.
5. PLACE ORDER
In order to place an order, the customer is invited to follow the following steps: a) Create his basket
The Customer must add to his basket the products he wishes to purchase. The prices displayed in his basket are indicated in euros € all taxes included.
b) Creation of a customer account
No order can be processed without the Customer having first created his personal customer account allowing him to manage his orders as well as his delivery and invoicing data.
When creating his customer account, the Customer will be assigned login credentials (username and password chosen by the latter). These identifiers are strictly confidential and must not be communicated to third parties. The protection of these identifiers is the Customer's responsibility and the Seller's liability cannot be sought in the event of the theft of these identifiers by a third party or the usurpation of a customer's identity.
If the customer wishes to modify his identifiers or if he suspects fraudulent use of the latter, he must immediately contact Le-Bourgeois customer service.
c) Terms of delivery
The Customer must then indicate his identity and his delivery details. The Customer must inform the seller without delay of any modification of his data which may have an impact on the delivery of his order or on the invoicing of the latter.
The responsibility of the seller cannot be sought in the event of an incomplete or incorrect delivery address on the part of the customer, who undertakes to bear the costs of return and re-delivery to the correct address. For more information on the terms of delivery, the customer is invited to refer to article 8 hereof.
d) Payment of the price and reductions
The customer must then pay the price of the order, by credit card, bank transfer. In the case of payment by bank transfer, the order will not be processed until the funds have been received by the Seller.
Discounts and promotions cannot be combined with each other and are only applicable once per household.
Before proceeding to payment, the customer must accept these T&Cs by ticking the box provided for this purpose. This validation implies the acceptance of all of these GCS. Any order by the customer implies acceptance of the prices and descriptions of the products purchased.
Following payment, the customer will receive an email summarizing his order, as well as his corresponding invoice. The invoice will include the discounts applied when placing the order.
In case of unavailability of the products selected by the Customer, the latter will be notified by email. He will be offered to replace his order with a corresponding product. However, the customer retains the possibility of requesting reimbursement of the price of his order if he does not wish to receive the replacement product offered by the Seller.
6. CONTROL OF ORDERS BY THE SELLER
a) Order refusal
Le Bourgeois reserves the right to refuse any order whose quantity is deemed abnormal to be considered as a sale to an individual or for any other circumstance demonstrating that the customer is a professional.
Le Bourgeois also reserves the right to suspend any order management and any delivery in the event of refusal of payment authorization by officially accredited bodies or in the event of non-payment. The seller also reserves the right to refuse any delivery and any order from a customer who has not fully or partially paid a previous order or with whom a payment dispute is being processed.
In the event of refusal to process an order and if the customer has already paid the amount of the order, the customer will be informed of the refusal by email and the seller will refund the sums paid by the Customer within thirty (30) days from the placing of the order.
b) Fraud prevention
The Seller reserves the right to carry out checks on orders placed by customers, in order to meet its obligations regarding the prevention of fraud and money laundering. The seller may ask the customer to provide any document making it possible to certify the reality of the customer's identity and his domicile. As part of a check carried out by the Seller, no order will be processed without receipt of the documents requested by the Seller from the Customer.
In the absence of a response from the customer or the supply of the requested parts, the Seller reserves the right to cancel his order. It will then proceed to the reimbursement of the sums paid by the Customer within thirty (30) days from the notification of refusal to process the order.
7. PRICE AND TERMS OF PAYMENT
The prices displayed on our site are indicated in euros € all taxes included and are those in force at the time of the confirmation of the order by the customer.
Le Bourgeois reserves the right to modify its prices at any time, but undertakes to apply the prices in force indicated at the time of the order by the Customer.
The final price indicated at the time of placing the order also includes delivery costs.
Le Bourgeois reserves the right to offer special promotions and reductions on its products. The temporary promotions are indicated on the site and on the sheet of the products concerned, including the dates of application of the reduction. Discounts and promotions cannot be combined with each other and are only applicable once per household.
c) Methods of payment
Any placing of an order implies payment by the Customer. The price is payable:
- - By credit card,
- - Wire Transfer,
- - No cash payment will be accepted.
In the case of payment by bank transfer, the order will not be processed until the funds have been received by the Seller. In the case of a bank payment (or payment in installments), the customer will be redirected to the security interface of the payment organization concerned to proceed with the payment. These banking establishments are solely responsible for processing the personal data entered by the customer. The products of Le Bourgeois remain its full and entire property until full payment of the price by the customer.
Delivery is only made after full receipt of payment.
a) Price of deliveries
The prices of our deliveries are indicated as follows:
- ▪ Delivery is free from 90 euros ordered;
b) Delivery times
For any order placed in France, the delivery is made within two to three working days from the placing of the order. These deadlines are given for information only. No delivery may exceed thirty (30) days, failing which the customer may request the resolution of the sale from the Seller.
Delivery times may be extended:
- - Due to the Covid-19 epidemic, impacting deliveries;
- - In summer periods;
- - On public holidays;
- - In case of force majeure.
In the event of a delay due to an event of force majeure or any other event mentioned above extending the delivery, Le Bourgeois cannot be held liable and no claim for compensation, of any nature whatsoever, can be requested by the Customer. Once the order has been handed over to the carrier of Le Bourgeois, the latter will contact the customer to agree on a delivery day. The delivery times applied by the carrier are not the responsibility of Le Bourgeois.
Our customer service can be reached at the following number: 09.82.41.01.71
d) Receipt of the order
Orders are delivered to the address indicated by the customer when placing the order. Any order returned to Le Bourgeois due to an error in the delivery address will be reshipped at the customer's expense.
Upon receipt of his order, the Customer must check the conformity of the products received with the carrier. In the event of a damaged or damaged package, or of a missing product, the customer must specify this on the carrier's delivery slip on the same day of receipt of the order.
If the package has been torn or opened, the customer must check the condition of the products. If they have been damaged, the customer must refuse the package and note a reservation on the delivery slip indicating any anomaly concerning the delivery.
This verification is considered to have been carried out by the Customer when the latter, or a third party authorized by him for this purpose, has signed the delivery note.
In the event of a lack of conformity or hidden defect noted by the customer at the time of delivery of his order, the latter must contact Le Bourgeois customer service as soon as possible, indicating his order and invoice number, its identity and the description of the non-conformity.
The transfer to the customer of the risks of loss and deterioration of the products will be made upon delivery and receipt of the said products.
In the event of loss of parcel, the Customer – who has not received his parcel – must contact Le Bourgeois customer service so that the latter can file a complaint with his carrier. The customer will be kept informed of the further processing of his order.
e) Late delivery
Any delay in delivery not due to one of the cases mentioned in point b) hereof, may give rise to the cancellation of the sale at the customer's initiative. The customer must send a formal notice to the seller to deliver his order. After the expiry of a period of thirty (30) days after receipt of the formal notice by the seller and if the delivery has not taken place in the meantime, the customer may request the resolution of the sale and request a refund. of his order (as well as delivery costs).
In the event of cancellation, Le Bourgeois must reimburse the customer for the sums paid no later than fourteen (14) days from the request for cancellation of the sale by the customer, by cancellation of payment cb, bank transfer or by check.
All products offered by Le Bourgeois comply with applicable French legislation. Our products are certified authentic.
- Article L.217-12 b) Procedure
Le Bourgeois therefore does not cover defects due to normal wear and tear of the products, nor the consequences due to non-compliant use of the cleaning advice for the products sold by Le Bourgeois, nor to their deterioration.
11. RIGHT OF WITHDRAWAL
In accordance with article L.221-18 of the Consumer Code, the individual Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal, for any reason whatsoever. , in order to obtain reimbursement for the Products purchased.
a) Modalities for exercising the right of withdrawal
The Customer must return, before the expiry of the 14-day withdrawal period, the form below by
e-mail to email@example.com . Withdrawal form:
- Name(s) and reference(s) of the item(s): - Order(s) on:
- Received(s) on:
- Order number:
Ordering Customer Name: Ordering Customer Address:
b) Conditions for exercising the right of withdrawal
The return of products can only be accepted under the following conditions:
- - Product in its original packaging;
- - Product not damaged;
- - Product unworn and without household odor (Cigarette Smell, Fryer, etc.)
- - Attached purchase invoice (or copy in case of partial return);
- - Delivery note. Return costs will be borne by the customer. Any risk related to the return of the products is the responsibility of the customer. The products must be returned - by the carrier of the customer's choice - to the address of the head office of 7 rue de couhe 57500 Saint Avold
On (date), I placed an order with you via your website for Le Bourgeois products. In accordance with article L. 221-18 of the consumer code, I inform you that I wish to exercise my right of withdrawal concerning this order and I will return it to you within fourteen days. Thus, I hereby notify you of my withdrawal from the contract relating to the sale of the following good or goods:
Please reimburse me the sum of (...) euros that I paid you by (credit card, etc.).
Thanking you, please accept, Madam, Sir, the expression of my best regards.
The customer will be reimbursed for the sums paid - minus the reimbursement of return transport costs - by transfer to his credit card or by bank check, within fourteen (14) days of receipt of his request to exercise his right of withdrawal.
c) Exchanges and refunds
The Customer is invited to notify our customer service of any damaged packages, missing or damaged products or products not conforming to the order and this within 24 hours of receipt of their order. Any complaint made beyond this period cannot be accepted.
Complaints may be made to the following email address: firstname.lastname@example.org
In the event of an exchange desired by the Customer, the latter is invited to contact our customer service directly, in order to proceed with the exchange. The Customer must pay the difference in the event of a price difference. The exchange will only be possible under the following conditions:
- - Product in its original packaging;
- - Product not damaged;
- - Unworn and unworn product;
- - Attached purchase invoice (or copy in case of partial return);
- - Delivery note. 14. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
In the event of a dispute, the customer is invited to contact the LC Tex Company ( email@example.com ) to try to settle the dispute amicably.
The customer also has the option of requesting a conventional mediation procedure or any other alternative dispute resolution method if the dispute could not be settled amicably with the LC TEX Company. Otherwise, any dispute will be subject to the exclusive jurisdiction of the courts within the jurisdiction of the Court of Appeal of Metz, subject to a specific attribution of jurisdiction resulting from a particular law or regulation.
- 15.FORCE MAJEURE Neither the customer nor the seller can be held responsible for their delay or failure in the performance of their contractual obligations if this delay or this failure is due to the occurrence of an event beyond their control. or a case of force majeure, which could not reasonably have been foreseen when the order was placed and the effects of which cannot be avoided by appropriate measures. In the event of the occurrence of such a case of force majeure, the execution of these GCS will be suspended until the disappearance, extinction or cessation of the case of force majeure. However, if the case of force majeure persists beyond a period of thirty (30) days, the customer and the seller must come together to discuss a possible modification of the order.
The deadlines provided for by these GCS will be automatically postponed according to the duration of the case of force majeure.
16. INTELLECTUAL PROPERTY
- The sale of products to customers on the website https://le-bourgeois.com does not induce any transfer of copyright and ownership of the products, which remain the full and entire property of the brands.
No user or customer may take any measure incompatible with respect for intellectual property law or against any other French and international law relating to intellectual property law.
17. MISCELLANEOUS CLAUSES
Severability: If one or more stipulations of these GCS are held to be invalid or declared void pursuant to a law or regulation or following a court decision authorizing res judicata, this does not in question the other clauses of the GCS.
Non-waiver: The fact that the seller or the Customer have not availed themselves of a breach by the other party of one of the obligations referred to in these GCS will not be interpreted for the future as a waiver of the obligation in question.
Partial nullity: In the event of contradiction between a stipulation of the GCS and any legislative text, law, ordinance, regulation, court order or collective agreement, present or future, the latter shall prevail, provided that the stipulation hereof thus affected is limited only to the extent necessary and that no other stipulations are affected.