Terms of Sales

Article 1 – GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS

These general conditions of sale are applicable exclusively to the online sale of products offered by the company Bonsoirs Home via the website www.bonsoirs.com.

The General Terms and Conditions are made available to customers on the Site where they can be directly consulted and can also be communicated to them on simple request by any means.

The General Conditions of Sale are enforceable against the customer who acknowledges, by checking a box or clicking on the button provided for this purpose, having been aware of them and having accepted them before placing an order. Validation of the order by its confirmation constitutes acceptance by the buyer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by Bonsoirs Home.

Article 2 – PRODUCTS

www.Bonsoirs.com is an online sales site for Bed Linen (hereinafter the “Product(s)”) open to any natural or legal person using the Site www.bonsoirs.com (the “Customer ").

The Products presented on the Site are each subject to a description mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The Products comply with the requirements of current French law.

The Customer remains responsible for the terms and consequences of his access to the Site, particularly via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain the responsibility of the user. In addition, the Customer must provide and be fully responsible for the equipment necessary to connect to the Site.

The Customer acknowledges having verified that the computer configuration it uses is secure and in working order.

Article 3 – ORDERS

Bonsoirs Home strives to guarantee optimal availability of its Products. Product offers are valid while stocks last.

If, despite Bonsoirs Home's best efforts, a Product proves to be unavailable after the Customer's order, Bonsoirs Home will inform the Customer by email as soon as possible and the Customer will have the choice between:

• the delivery of a Product of a quality and price equivalent to that initially ordered, or

• reimbursement of the price of the Product ordered at the latest within thirty (30) days of payment of the amounts already paid.

It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, Bonsoirs Home is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to it.

With the exception of any contrary notice appearing in these General Conditions and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.

When placing an order, the Customer must select the chosen Products, add them to their basket, indicating the selected Products and the desired quantities. The Customer has the possibility to check the details of his order and its total price, and to return to previous pages to possibly correct the contents of his basket, before validating it.

The Customer undertakes to read the General Conditions of Sale then in force before accepting them and confirming the terms and possible delivery and withdrawal costs prior to payment of his order. Confirmation of the order entails acceptance of the General Terms and Conditions and forms the contract.

The contractual information relating to the order (including in particular the order number) will be confirmed by e-mail in good time and at the latest at the time of delivery.

Any email sent to the Customer in the context of an order will be sent to the email address that the Customer uses to identify himself in his customer area.

Bonsoirs Home archives Product sales contracts in accordance with applicable legislation. By making a request to the following address bonjour@bonsoirs.com, Bonsoirs Home will provide the Customer with a copy of the contract subject to the request.

Any order modification by the Customer after confirmation of his order is subject to the agreement of Bonsoirs Home.

The information communicated by the Customer when placing the order (in particular name and delivery address) is binding on the Customer. Thus, Bonsoirs Home cannot be held responsible in any way in the event that an error when placing the order prevents or delays delivery/delivery.

The Customer declares that he has full legal capacity allowing him to commit to these General Conditions.

Registration is open to capable adults and minors provided that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances is registration authorized on behalf of third parties unless you are validly authorized to represent them (legal entity for example). Registration is strictly personal to each Client.

Article 4 – PAYMENT TERMS AND SECURITY

The Customer expressly acknowledges that any order placed on www.bonsoirs.com is an order with payment obligation, which requires the payment of a price in exchange for the supply of the Product ordered.

In any event, Bonsoirs Home reserves the right to check the validity of the payment, before shipping the order, by all necessary means.

Bonsoirs Home uses the online payment solutions Paypal and Payplug.

For payment in installments, Bonsoirs Home uses the Alma payment solution. If you pay for your order in several installments, you accept Alma's general customer conditions as well as Alma's special conditions for Bonsoirs Home customers .

Orders can be paid using one of the following payment methods:

• Payment by credit card . Payment is made directly on the secure servers of the payment provider Payplug, the Customer's bank details do not pass through the Site. The bank details communicated during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these contact details are not accessible to third parties.

The Customer's order is recorded and validated upon acceptance of payment by the payment provider Payplug.

The Customer's account will be debited for the corresponding amount only when (i) the details of the bank card used have been verified and (ii) the debit has been accepted by the bank that issued the bank card.

The inability to debit the sums due will result in the immediate nullity of the sale.

The bank card may in particular be refused if it has expired, if it has reached the maximum spending amount to which the Customer is entitled or if the data entered is incorrect.

• Payment by Paypal . The Customer already has a Paypal account. The Customer can use this account and pay for their order in complete security without providing their bank details.

Article 5 – PAYMENT OF THE PRICE

The price of the Products in effect at the time of the order is indicated in euros, all taxes included (TTC), excluding delivery and transport costs. In the event of a promotion, Bonsoirs Home undertakes to apply the promotional price to any order placed during the period of advertising for the promotion.

The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The prices offered include discounts and rebates that Bonsoirs Home would be required to grant.

If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before validation of the order by the Customer. The total amount owed by the Customer and its details are indicated on the order confirmation page.

Article 6 – FORMATION OF THE CONTRACT

The contract between Bonsoirs Home and the Customer is formed when the Customer sends the confirmation of their order.

The Customer's attention is particularly drawn to the method of acceptance of the order placed on www.bonsoirs.com. When the Customer places his order he must confirm it by the “double-click” technique, that is to say that after having selected Products added to the basket, the Customer must check and possibly correct the content of your basket (identification, quantity of products selected, price) and acknowledge accepting the General Conditions of Sale. He then clicks on “Payment” to provide his personal data useful for processing the order before validating them by clicking on “Continue to shipping method”. Then he will choose his delivery method and click on “Continue to payment method”. Finally he validates his order after having filled in his bank details. The “double click” constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes irrevocable and unreserved acceptance of the order by the Customer.

Bonsoirs Home remains the exclusive owner of the Products ordered on www.bonsoirs.com until receipt of the full price, including any shipping costs.

Article 8 – SHIPPING AND DELIVERY

The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

Orders placed on www.bonsoirs.com are prepared and shipped within 48 hours maximum (excluding Saturday, Sunday and public holidays), provided that payment for the order has not been previously refused.

The shipments are then transmitted and handled by a logistics service provider (Colissimo) who routes the packages to the address indicated by the customer when ordering. It is therefore up to him to check that this address does not contain any errors. Bonsoirs Home cannot be held liable if the address provided by the Customer is incorrect, thus preventing or delaying delivery.

The customer is informed by email of the dispatch of his order.

Shipping costs are those specified when finalizing the order and are accepted upon validation of the order.

Delivery times are announced in working days on the Site when ordering. These deadlines include the preparation and shipping of the order as well as the deadline provided by the carrier.

However, if one or more Products cannot be delivered within the time initially announced, Bonsoirs Home will send an email informing the Customer of the new delivery date.

Upon delivery, you may be asked to sign a receipt.

No delivery will be made to a PO box.

Upon delivery, it is the Customer's responsibility to check that the Products delivered comply with their order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery slip or send an email to bonjour@bonsoirs.com.

If after 5 working days the Customer has not received their order, they must contact their office closest to the delivery location. If the latter, via its delivery tracking service, has no trace of the package, the Customer should send an email to Bonsoirs customer service who will open a complaint file with the Post Office.

Article 9 – EXCHANGE AND RIGHT OF WITHDRAWAL

If a delivered Product does not give complete satisfaction to the Customer, the latter may return it to Bonsoirs Home. The Customer will have sixty (60) days to do so from the date of receipt of the order. The Customer must send an email to the address bonjour@bonsoirs.com specifying the order number and the reason for the return. Bonsoirs Home will send the return procedure to the Customer to print the return slip. Return costs will be borne by Bonsoirs Home. The refund (excluding delivery costs) is made within fifteen (15) days and will be made automatically to the account associated with the bank card used during the purchase or to the Paypal account used for payment.

Bonsoirs Home’s refund policy is only valid for individuals. For businesses, products will not be returned or exchanged if they have been washed or used.

If the Customer made an error in size or color when ordering, the latter may contact Bonsoirs Home in order to exchange the Product. For this, the Product must not have been washed or used by the Customer. The Customer will have sixty (60) days to request an exchange from the date of receipt of the order. The Customer must send an email to the address bonjour@bonsoirs.com specifying the order number and the Product(s) to be exchanged. Bonsoirs Home will then send the procedure to the Customer to print the return slip. Once the Product(s) have been received, Bonsoirs Home will then be responsible for shipping the new Product(s). Delivery costs will be borne by Bonsoirs Home.

Products with embroidery are unique and personalized. They cannot therefore be returned or exchanged in accordance with article L121-21-8 of the Consumer Code: “The right of withdrawal cannot be exercised, for contracts (…) for the supply of goods made according to specifications of the consumer or clearly personalized…”.

By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of exchange and withdrawal.

Article 10 – INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE

Bonsoirs Home is the sole owner of all elements present on the Site, in particular and without limitation, all texts, files, animated or non-animated images, photographs, videos, logos, designs, models, software, brands, visual identity, database, structure of the Site and all other intellectual property elements and other data or information (hereinafter, the “Elements”) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may in whole or part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way. , free of charge or for a fee, by a Customer or by a third party, whatever the means and/or supports used, whether known or unknown to date, without the express prior written authorization of Bonsoirs Home at case by case, and the Customer is solely responsible for any unauthorized use and/or exploitation.

Bonsoirs Home reserves the right to take any legal action against people who have not respected the prohibitions contained in this article.

ARTICLE 11 – LIABILITY AND GUARANTEE

Bonsoirs Home cannot be held responsible for the non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or even the unforeseeable and insurmountable act of any third party herein.

The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, Bonsoirs Home does not guarantee that the Site and its services will operate without interruption or operating error. In particular, their use may be temporarily interrupted due to maintenance, updates or technical improvements, or to change their content and/or their presentation.

Bonsoirs Home cannot be held responsible for any use made of the Site and its services by Customers in violation of these General Conditions and for any direct or indirect damage that this use could cause to a Customer or a third party. In particular, Bonsoirs Home cannot be held responsible for false statements made by a Customer and for their behavior towards third parties. In the event that Bonsoirs Home is held liable for such behavior by one of its Clients, the latter undertakes to guarantee Bonsoirs Home against any conviction pronounced against it as well as to reimburse Bonsoirs Home for the all costs, including attorneys' fees, incurred for his defense.

Independently of any additional contractual guarantee (commercial guarantee) which may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

ARTICLE 12 – PERSONAL DATA

The User is hereby informed that the personal data indicated as mandatory on the forms and collected as part of the service described herein are necessary for the use of the Site. Among the User's personal data that the Operator collects from them may include:

• His first and last names
• His email address
• His postal address
• His telephone number
• Their IP address (virtual address of their computer)
• His password

Bonsoirs Home undertakes to ensure the protection of the Customer's personal data and all personal data obtained in the context of the use of the Site's services.

As such, each Customer is solely responsible for preserving the confidentiality of their username and password, and is solely responsible for all access to their Customer Account, whether authorized or not.

Bonsoirs Home cannot be held responsible for any harmful action or fact carried out via the Customer's personal space by a third party who had access to their identifiers and password following fault or negligence attributable to the Customer. The Client undertakes to inform Bonsoirs Home immediately as soon as the Client becomes aware of or suspects unauthorized use or unauthorized access to their personal space.

All personal data collected by Bonsoirs Home is collected directly from the Client and processed by Bonsoirs Home to enable the implementation and management of the Site's services. This data may also be used to compile statistics in order to improve the Site's services. This data may be transmitted to Bonsoirs Home partners and suppliers involved in the delivery, invoicing and management process for the purposes of processing orders as well as for the purposes of marketing management and customer relations.

Bonsoirs Home respects legislation regarding the protection of personal data. As the Site collects personal data, it has been the subject of a prior declaration to the CNIL registered under number 2098919 v 0.

The entire Bonsoirs Home Privacy Policy is available via this link .

ARTICLE 13 – REFERENCES

The Client authorizes Bonsoirs Home to mention the Client's name and/or its logo as a reference in its communication media (brochure, website, commercial proposal, relations with the press, press release, press kit, internal communication, etc.).

ARTICLE 14 – GENERAL PROVISIONS ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relations between the Client and Bonsoirs Home. They constitute the entire rights and obligations of the Company and Bonsoirs Home relating to their subject matter. If one or more stipulations of these General Conditions are declared null in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. Furthermore, the fact for one of the parties to these General Conditions not to take advantage of a failure by the other party to any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of avail themselves of such a breach in the future.

ARTICLE 15 – COMPLAINTS AND DISPUTES

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, BONSOIRS HOME adheres to the Consumer Mediation Service of the Paris Mediation and Arbitration Center (CMAP) whose contact details are as follows: https://www. cmap.fr - 39, avenue FD Roosevelt 75008 Paris. The Mediation Service may be contacted for any consumer dispute which has not been resolved following a prior written complaint to the Customer Service of the company BONSOIRS HOME. The referral procedures are available here .

You can also submit your complaint on the European online dispute resolution (ODR) platform. For this process, click here .
The European Commission will transfer your complaint to the national organizations connected to the platform.

The Bonsoirs referral program allows Bonsoirs customers to obtain a promotional discount by recommending Bonsoirs to their loved ones.

As a member of the Bonsoirs sponsorship program (as a Sponsor), you are required to know and respect the general conditions of sale and those relating to the sponsorship program.

A sponsor is a registered Bonsoirs customer who has already made at least one purchase on the bonsoris.com website or in store.

A godchild is someone close to the sponsor who has not yet purchased an item on bonsoirs.com or in store before and to whom the sponsor shares his sponsorship link. The sponsor and the godchild cannot be the same person (including when two different email addresses are used).

Sponsorship allows the sponsor and the godchild to each benefit from a €15 reduction on all Bonsoirs products. Sponsorship codes cannot be combined with each other in the same basket and cannot be combined with other promotional codes. It is possible to sponsor a maximum of 20 referrals.

The sponsorship code for the godchild only applies to their first order, when creating a new customer account.

Sponsorship codes are valid one month after issue: at the time of sponsorship for the godchild and one month after the first purchase of the sponsored godchild.

Bonsoirs reserves the right to review and suspend any account or order emanating from abusive or fraudulent behavior towards the referral program, such as attempting to obtain a discount by referring itself using an email address. different email, or the distribution of a referral link via commercial advertising or spam. 

By using the promotional offer, the referral acknowledges that some of his personal information may be transmitted to the sponsor who recommended him - such as confirmation of the purchase by the referral for receipt by the sponsor of a reduction. All personal information collected, processed and used in connection with the Bonsoirs Referral Program will be used in accordance with the Bonsoirs Privacy Policy.

For any questions about our sponsorship program, you can contact our customer service at bonjour@bonsoirs.com.

CHANGES TO TERMS

Bonsoirs Home reserves the right to modify at any time and without notice the content of the Site or the services available there, and/or to temporarily or permanently cease operating all or part of the Site.

In addition, Bonsoirs Home reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these General Conditions. The Customer is therefore required to refer to these General Conditions before using the Site.

The Customer acknowledges that Bonsoirs Home cannot be held responsible in any way towards him or any third party as a result of these modifications, suspensions or cessations.

Bonsoirs Home advises the Customer to save and/or print these General Conditions for safe and lasting storage, and thus be able to invoke them at any time during the execution of the contract if necessary.

APPLICABLE RIGHT

These General Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL CONDITIONS BY THE CUSTOMER

The Customer acknowledges having read these General Conditions carefully.

By registering on the Site, the Customer confirms having read the General Conditions and accept them, making him contractually bound by the terms of these General Conditions.

The General Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to date can be given to the Customer upon request, it is therefore specified that any modification of the General Conditions which would be made by Bonsoirs Home will not be will not apply to any order placed previously, unless expressly agreed by the Customer at the origin of a given order.