General Conditions of Sale for professionals


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 Bonsoirs Home via the website www.bonsoirs.com.
The GCS are made available to customers on the Site where they can be directly consulted and can also be communicated on request by any means.
The CGV are opposable to the customer who acknowledges, having read them and having accepted them before validating the payment of his order. The validation of the order by its confirmation is worth adhesion by the purchaser to the CGV in force on the day of the order whose conservation and reproduction are ensured by Bonsoirs Home.
Article 2 – PRODUCTS
www.Bonsoirs.com is an online sales site for Household Linen (hereinafter the “Product(s)”) open to any natural or legal person using the www.bonsoirs.com Site (the “Customer ").
The Products presented on the Site are each the subject of 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 French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site, in particular via the Internet. This access may involve the payment of fees to technical service providers such as Internet access providers, which remain at his expense. 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 optimum availability of its Products. Product offers are valid within the limits of available stocks.
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 sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable Product, if this option is requested by the Customer, Bonsoirs Home is not bound by any cancellation compensation, unless the non-performance of the contract is personally attributable to it.
With the exception of any mention to the contrary 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 communicate the selection of products they want to their sales contact, indicating the products and quantities desired. The Customer has the possibility to check the details of his order and its total price upon receipt of his quote proposal. The Customer then has the possibility of asking to possibly correct the contents of his basket and his information, before validating it.
The Customer undertakes to read the General Conditions of Sale then in force before accepting them and to confirm the terms and any costs of delivery and withdrawal prior to payment of his order. Acceptance of the quote returned signed to Bonsoirs Home preceded by the words "Good for agreement", entails acceptance of the GCS 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 that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses or communicates to us as his reference email address.
Bonsoirs Home archives quotes and invoices for the sale of Products in accordance with applicable legislation. By making a request to the following address superhotes@bonsoirs.com, Bonsoirs Home will provide the Customer with a copy of the contract subject of the request.
Any modification of the order by the Customer after confirmation of his order is subject to the agreement of Bonsoirs Home.
The information provided by the Customer when placing the order (including name, billing address and delivery address) commits the latter. Thus, the responsibility of Bonsoirs Home cannot in any way be sought in the event that an error when placing the order prevents or delays the delivery/delivery.
The Customer declares to have the full legal capacity allowing him to engage under these General Conditions.
Article 4 – TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed with Bonsoirs Home is an order with payment obligation, which requires the payment of a price against the supply of the Product ordered. The Customer agrees to pay the full amount due when ordering his products. Payment will be debited upon validation of the order.
In any case, Bonsoirs Home reserves the right to check the validity of the rules, before shipping the order, by any means necessary.
Bonsoirs Home uses Paypal and Payplug online payment solutions. For payment in installments, Bonsoirs Home uses the Alma payment solution. If you pay for your order in installments, you accept Alma's general customer conditions as well as Alma's special conditions for Bonsoirs Home customers.
Orders can be paid for using one of the following payment methods:


Payment by credit card . Payment is made directly on the secure servers of the Payplug payment provider, the Customer's bank details do not pass through the Site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates 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 with 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 impossibility of debiting the sums due will result in the immediate nullity of the sale.
The credit card may in particular be refused if it has expired, if it has reached the maximum amount of expenditure 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 his order securely without communicating his bank details.


Payment by bank transfer . In the event of payment by bank transfer, the Customer must ensure with his bank that the total amount of the order is credited to the Bonsoirs Home account and that the Customer's name is indicated in the order reference. Any bank charges that may be claimed by the Customer's bank are solely the responsibility of the Customer. For any order payment by bank transfer, Bonsoirs Home will only ship the order upon receipt of the Customer's bank payment.


Article 5 – PAYMENT OF THE PRICE
The price of the Products in effect when the quote is validated is indicated in euros excluding taxes and in euros excluding delivery and transport costs.
The price is payable in euros (€) exclusively. The price is payable in full after confirmation of the order. The prices offered include discounts and rebates that Bonsoirs Home may grant.
If delivery or transport costs apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. In the event of payment by credit card, the total amount due by the Customer and its details are indicated on the estimate which forms the contract between Bonsoirs Home and the Customer, and on the Customer's order confirmation page. In the event of payment by bank transfer, the total amount due by the Customer and its details are indicated on the estimate which forms the contract between Bonsoirs Home and the Customer.
Article 6 – FORMATION OF THE CONTRACT
Any request for a professional order entails the establishment of a free, non-binding estimate. The period of validity of each quote is one (1) month from the date of dispatch to the Customer, and mentions the description of the Products, the prices, our delivery times, our payment conditions, as well as all the specificities defined beforehand with the client. The signing of the quote by the Customer, preceded by the words "Good for agreement", acts as an order contract between the Customer and Bonsoir Home and implies acceptance of these General Terms and Conditions of Sale without any reservations. The order will only be definitively validated once the quote has been signed and payment has been made with the order. The execution of a contract gives rise to the establishment of an invoice which will be sent by email to the Customer by Bonsoirs Home. The prices invoiced during the validation of the order are those in force on the day of the registration of the order. In the event of a dispute, the signed estimate, the GCS, as well as the invoice will constitute proof of the agreement between each party.
Article 7 – RETENTION OF OWNERSHIP
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 by Bonsoirs Home are prepared and shipped within a maximum of 48 hours (excluding Saturdays, Sundays and public holidays), provided that payment for the order has not been previously refused or pending receipt following payment. Wire Transfer.
The shipments are then transmitted and taken care of by a logistics service provider (Colissimo) which routes the packages to the address indicated by the customer when ordering. It is therefore up to him to check that the address communicated to Bonsoirs Home 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.
Any shipping costs are those specified when finalizing the order and are accepted upon validation of the order.
Delivery times are announced in working days 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 could not be delivered within the time initially announced, Bonsoirs Home will send an email indicating to the Customer the new delivery date.
On delivery, you may be asked to sign a receipt.
No delivery will be made to a PO Box. On delivery, it is the Customer's responsibility to check that the Products delivered comply with his order and that the package is sealed and undamaged. If this is not the case, the Customer must imperatively indicate this on the delivery slip or send an email to superhotes@bonsoirs.com.
If after 5 working days the Customer has not received his order, he must approach his post office closest to the place of delivery. If the latter via its delivery tracking service has no trace of the package, the Customer should send an email to the address superhotes@bonsoirs.com which will open a complaint file with the carrier.
Article 9 – EXCHANGE AND RIGHT OF WITHDRAWAL

If a Product delivered does not give full 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 superhotes@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. The return costs will be borne by Bonsoirs Home. The refund is made within fifteen (15) days and will be made automatically to the account associated with the credit card used during the purchase or to the Paypal account used for payment. For orders paid by bank transfer, reimbursement is made within fifteen (15) days and will be made to the bank account that issued the order payment transfer.
Products will not be returned or exchanged if they have been washed or used. Products with embroidery are unique and personalized. They cannot therefore be taken back 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 the specifications of the consumer or clearly personalized…”.
If the Customer has made a size or color error when ordering, the latter may contact Bonsoirs Home 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 superhotes@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 form. Once the Product(s) has been received, Bonsoirs Home will then be in charge of shipping the new Product(s). Delivery costs will be borne by Bonsoirs Home.
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 SITE USE LICENSE
Bonsoirs Home is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, animated or not, photographs, videos, logos, drawings, models, software, brands, visual identity, database, structure of the Site and all other elements of intellectual property 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 in 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 against payment, by a Customer or by a third party, whatever the means and/or media 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 legal action against persons who have not complied with the prohibitions contained in this article.
ARTICLE 11 – LIABILITY AND WARRANTY

Bonsoirs Home can not be held responsible for the non-performance of the contract by the Customer or due to an event qualified as force majeure by the competent courts or the unforeseeable and insurmountable fact of any third party herein.
The Customer acknowledges that the characteristics and constraints of distance selling 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 operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and/or their presentation.
Bonsoirs Home cannot be held responsible for the use that would be made of the Site and its services by Customers in violation of these General Conditions and for the direct or indirect damage that this use could cause to a Customer or to a third party. In particular, Bonsoirs Home cannot be held responsible for false declarations made by a Customer and his behavior vis-à-vis third parties. In the event that Bonsoirs Home is held liable for such behavior by one of its Customers, the latter undertakes to guarantee Bonsoirs Home against any judgment pronounced against it and to reimburse Bonsoirs Home for the all the costs, in particular lawyers' fees, incurred for his defence.
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 and following 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 contact forms and collected as part of the service described herein are necessary for the commercial relationship. Among the User's personal data that the Operator collects from him may include:
• His first and last names
• His email address
• Their postal address
• His billing address
• His telephone number
• His IP address (virtual address of his computer)
• His password
• His SIRET number


Bonsoirs Home is committed to ensuring the protection of the Customer's personal data and all personal data obtained in the context of a commercial relationship.


As such, each Customer with an account on the Bonsoirs Home site is solely responsible for preserving the confidentiality of his username and password, and is solely responsible for all access to his Customer Account, whether they whether or not they are allowed.
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 has had access to his identifiers and password following a fault or negligence attributable to the Customer. The Customer undertakes to inform Bonsoirs Home immediately as soon as the Customer becomes aware of or suspects unauthorized use or unauthorized access to his personal space.
All personal data collected by Bonsoirs Home is collected directly from the Customer and processed by Bonsoirs Home to enable the implementation of the commercial relationship and its monitoring. This data may also be used to compile statistics in order to improve our services. This data may be transmitted to Bonsoirs Home's partners and suppliers involved in the delivery, invoicing and management process for the purposes of order processing as well as for the purposes of marketing management and customer relations.
Bonsoirs Home complies with the legislation on the protection of personal data. Bonsoirs Home collecting personal data, it has been the subject of a prior declaration to the CNIL registered under number 2098919 v 0.
ARTICLE 13 – REFERENCES

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

Bonsoirs Home authorizes the Customer to mention the name of Bonsoirs Home and/or its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication , etc.). Subject to acceptance by Bonsoirs Home.
ARTICLE 14 – GENERAL PROVISIONS ENTIRE AGREEMENT OF THE PARTIES
These General Conditions constitute a contract governing the relationship between the Customer and Bonsoirs Home. They constitute all of the rights and obligations of the Company and Bonsoirs Home relating to their purpose. If one or more stipulations of these General Terms and Conditions were declared void pursuant to a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope. In addition, the fact for one of the parties to these General Conditions not to avail itself of a breach by the other party of any of the provisions of these General Conditions cannot be interpreted as a waiver on its part of rely in the future on such a breach.
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 to operate 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 any use of the Site.
The Customer acknowledges that Bonsoirs Home cannot be held responsible in any way whatsoever towards him or any third party as a result of these modifications, suspensions or terminations. 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 performance 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 carefully read these General Conditions.
By registering on the Site, the Customer confirms that he has read the General Conditions and accepts 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 dated to date of which can be given to the Customer at his request, it is therefore specified that any modification of the General Conditions which would be made by Bonsoirs Home does not will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.