TERMS & CONDITIONS
Foreword:
The Bonheur des Dames SA is a company registered under the Registre de Commerce in France under No.33818397300019.
Registered VAT No.338 183 973
Registered office: 63 Avenue de la Résistance, 93100 Montreuil, France.
Telephone: (33) 01 42 87 70 94
Fax: (33) 01 42 87 70 95
E-mail: info@bonheurdesdames.fr
Banks:
Crédit Agricole Ile de France: 18206 00215 215 905 06 001 97 CRCA Paris Picpus Nation
The Website:
The content of this website is protected by copyright, trademarks, database rights and other intellectual property rights. You may not reproduce, modify, copy or distribute any of the materials or content of this website without the written agreement of the ‘Bonheur des Dames’.
Article 1: Acceptance of our Terms & Conditions
The client accepts all the present terms and conditions from the time the order is placed, either by clicking on the “place your order” button online or by post to the address of the company.
Present Sales Terms and Conditions are meant to regulate the contractual relationship between Le Bonheur des Dames and its client, both accepting Sales Terms and Conditions in full.
Before placing an order please read the information on accepting your order, delivery charges and returns policy. The pages form an important part of our terms and conditions.
The company Bonheur des Dames reserves the right to modify the terms and conditions at any time. In this case, the terms and conditions applicable will be those in force at the time of the order.
Article 2: Product
The products offered for sale are those shown in the online catalogue on our website. The photos and images are not contractual. If any errors occur, under no condition Le Bonheur des Dames can be held accountable.
The products are offered for sale within the limit of available stock.
Article 3: Order
Once payment has been received, we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address you provide, confirming receipt of the order and the total amount due. The sales transaction is considered as concluded starting from the moment when Le Bonheur des Dames confirms the acceptance of the order.
The client is responsible for providing correct information while making the order. If there is an error in the information provided by the customer (incorrect shipping address, incorrect recipient’s name, etc.), Le Bonheur des Dames cannot be held accountable for the impossibility of the delivery.
The Bonheur des Dames reserves the right to cancel an order – if this is the case you will be informed by e-mail. If we do cancel your order we will re-credit to your account any sum deducted by us from your credit card within 14 working days.
Article 4: Order Processing & Delivery
After the confirmation of the order, Le Bonheur des Dames should pass the whole order to the carrier within 10 working days. Otherwise, the delivery time is estimated depending on the type of delivery that the client chooses. The delivery (delivery by the carrier) time indicated on the website is purely indicative. If the delivery date is more than 30 days from the date of the order, then the client has the right to ask the trader to deliver within a reasonable supplementary delay, then if the order is still not delivered the purchase may be terminated and the purchaser reimbursed.
The delivery will be made to the delivery address indicated on the order form.
The delivery time will vary depending on the destination address.
Article 5: Withdrawal procedure
You have the right to return the good(s) within fourteen days. This period of time expires fourteen days after the day you, or a third party, other than the carrier, indicated by you as the person allowed to receive your good(s) takes physical possession of the good(s).
To exercise the right of return, you must notify us of your decision by an unequivocal statement:
letter addressed to "Le Bonheur des Dames", 63 Avenue de la Résistance 93100 Montreuil, France
email addressed to info@bonheurdesdames.fr
You can also complete and submit the form template following this link. If you use this option, we will send you an acknowledgement via email.
If you decide to break this contract, we will refund any payment received from you, including shipping costs (excluding the cost of the return shipment of the good(s), additional costs arising from your choice, for example, if you chose the method of delivery other than the least expensive type of standard delivery offered) in a short time, not later than fourteen days starting from the date of receipt of the good(s) by our services. We will refund using the same payment method that you used for the initial transaction unless you expressly agree to a different way. This refund will not incur any additional fees for you.
Le Bonheur des Dames has the right to postpone the reimbursement until our services have received the good(s).
You need to return the good(s) intact, in the initial packaging and with all eventual accessories or leaflets to the following address:
"Le Bonheur des Dames"
63, Avenue de la Résistance
93100 Montreuil
France
not later than fourteen days after the delivery. You will have to bear all direct costs related to the return shipment of the goods.
On delivery, the client must verify the contents of the order – checking the products' conformity and state.
In case of delay, deterioration, total or partial loss, or any other problems, the client may refuse the delivery and it must be indicated precisely on the delivery slip as a handwritten reserve the reason for non-delivery and passed to the transporter at the time of the delivery or, at the latest, three working days following the delivery by registered letter with acknowledgement of delivery a copy of which letter should be sent to the Bonheur des Dames.
Subject to the right of withdrawal cited in the first line of this present article, no product return will be accepted for colour differences. Furthermore, we will not accept a return for colour differences between those shown in the online catalogue and the true colour of the products and the designs.
If the goods delivered do not conform to the quantity ordered, the Bonheur des Dames undertakes to carry out a supplementary delivery at their cost, except if the client requests the reimbursement of the non-delivered quantity, and only in this case.
Article 6: Pricing Policy
All prices are shown in Euros and are inclusive of VAT. We reserve the right to change the price if there is a change to the rate of VAT.
We reserve the right to modify the price of any article at any time. The sale price will be fixed, however, as the price shown on our website at the time of purchase. It does not include supplementary delivery charges, which, if they apply, will be confirmed at the time of placing the order.
For deliveries outside the European Union and in the DROM-COM (Overseas Territories), the order will be established excluding taxes (HT), once the country of delivery has been entered.
The price does not include customs fees or other applicable import or local taxes, which are the sole responsibility of the customer, who must pay them directly to the carrier/customs service concerned.
The client must observe and comply with all applicable regulations and legislation – including obtaining all necessary customs, import or other permits, to purchase products from our website.
The price indicated in the confirmation e-mail is definitive.
Article 7: Payment
The total amount of your order carried out on our website is that shown on the order confirmation.
In one installment (by credit card, cheque, bank transfer) or in 3 or 4 installments with a credit card with Oney (see conditions 7.2).
By submitting an order to us through our website, you represent and warrant that the payment details provided are valid and that when your order is accepted and processed by us, payment will be made in full.
The client agrees to pay the price of the order made online (goods and delivery charges) and also to meet the cost of any import duties or supplementary delivery charges, which may be due on importation into the country of the address given for delivery.
7.1
The price of the products is payable in full on the day of the actual order.
Payment may be made by any of the following methods:
1) By credit card: Visa, Mastercard, Maestro or CB.
Payplug allows you to pay online in a secure environment.
Your bank details are not communicated to us.
The order will be accepted and processed only after the acceptance of the payment by the bank authorities. In case the payment is refused, the order will be automatically cancelled and the customer will be informed either by an e-mail or by an electronic message appearing on the screen.
2) By postal or bank cheque payable in France to the Bonheur des Dames at the delivery.
If we do not receive a payment within 45 days or in the case where the payment cheque is refused by the bank, Le Bonheur des Dames reserves the right to cancel the order.
Cheque should be sent to:
Le Bonheur des Dames
63, Avenue de la Résistance
93100 Montreuil France
3) Bank transfer:
IBAN-Nr: FR76 1820 6002 1521 5905 0600 197
Bank Identifier Code (BIC): AGRIFRPP882
Account Holder : LE BONHEUR DES DAMES
Paying Bank: CREDIT AGRICOLE – Ile de France – Paris Picpus Nation
Any costs related to payment by bank transfer are the sole responsibility of the customer, who must pay them directly to the service concerned.
Le Bonheur des Dames reserves the right to refuse any order to a client who is subject to any dispute.
7.2 Payment in 3 or 4 installments free of charge by credit card with Oney
7.2.1 To whom this payment method is available?
This offer is reserved for individuals (natural persons of legal age) residing in France and holders of a Visa and MasterCard bank card with a validity date greater than the duration of the financing chosen. Cards with systematic authorization, in particular of the Electron, Maestro, Nickel type, etc. as well as e-cards, Indigo and American Express cards are not accepted.
7.2.2 Payment in 3 or 4 installments is only available for orders with a total amount between 100 and 3000€.
If you choose to pay for your order in installments by credit card with Oney, you will be subject to the general terms and conditions of the Oney payment service provided for acceptance during payment. You can consult the information sheet for payment in 3 or 4 installments by bank card with Oney here.
7.2.3 Payment in 3 or 4 installments by bank card with Oney is free of charge. The schedule is presented during payment.
Le Bonheur des Dames reserves the right to refuse any order from a customer with whom there is a dispute, the authorization of payment in 3 or 4 installments by credit card with Oney would be refused, in the event of default in payment or in the event of objective suspicion of fraud.
7.2.4 Cards with systematic authorization, in particular of the Electron, Maestro, Nickel type, etc. as well as e-cards, Indigo and American Express cards are not accepted.
7.2.5 Payment in installments takes place according to the schedule:
- a mandatory contribution, debited on the day of confirmation of the shipment of your order or the day of purchase
- two or three monthly payments, corresponding to a third or a quarter of the order, taken 30 and 60 days later for the 3 times and 30, 60 and 90 days later for the 4 times.
7.2.6 The customer has a withdrawal period of 14 days for his credit agreement. Its exercise does not lead to the termination of the sales contract unless it also withdraws. As for the withdrawal of the sales contract, locked within a period of 14 days, it entails the termination of the payment contract in several installments.
Article 8: Dispute Settlement
The company Le Bonheur des Dames remains at the disposal of its clients in respect of the settlement of all disputes. In the event of legal proceedings, and in the absence of an amicable settlement between the parties, jurisdiction is given to the appropriate French tribunal for the area in which the registered office of the company is located, notwithstanding a plurality of respondents or a guaranteed appeal, even for urgent proceedings or protective urgent or on-demand proceedings.
Article 9: Right of Access
Any personal information in our possession will be used in the processing and delivery of your order and the production of the invoices.
In accordance with the Data Protection Act of January 6, 1978, you have at any time, a right of access, rectification and opposition to all of your personal data by writing a letter, with proof of your identity. The exercise of this right may be made to the company Le Bonheur de Dames, 63, avenue de la Résistance, 93100 Montreuil, France, with proof of your identity (photocopy of identity document).
Article 10: Force majeure.
Shall be considered courses of force majeur, other than those regularly cited by the French case law and the French Courts of Law, total or partial strikes, internal or external to the company, blockage of transport or supply for any reason, government or legal restrictions, computer breakdown, telecommunications blockage including networks and internet.
The occurrence of any of those circumstances will suspend, as a first step, the execution of the order. If, after a period of more than three months, the parties note the persistence of the force majeure, then the order will be automatically cancelled, except in the case of an agreement to the contrary by the two parties.
Article 11: Delivery of products in the absence of the client.
In the case of the absence of the recipient at the time of delivery, the services of the French Postal Service will leave a transit advice note at the address indicated by the client. The products ordered should be collected at the address and following the procedures laid down by the Postal Service, or the transporter.
In case the products are not collected within the time indicated on the transit advice note, the products will be returned to the Bonheur des Dames, which reserves the right to reimburse the purchase price with a discount of at least 20%, the delivery charge remaining the charge of the client.
Article 12: Guarantee
The Bonheur des Dames systematically verify all products to be delivered before being sent. They have been given all necessary treatment to ensure that they conform to the description given on the website, with the exception of the reservations recorded in Article 10.
Article 13: Responsibility
The company Bonheur des Dames operates the website www.bonheurdesdames.com and undertakes exclusively to comply with all the current legal terms applicable in France. This being the case, no legal disposition of the country of delivery may be invoked against it, the client being solely responsible for respecting the laws of the country of delivery and must ensure beforehand that the products ordered conform to the standards in effect in the country of delivery.
The company Bonheur des Dames, in the process of online sales, is bound by an obligation of means regarding the information it makes available to persons visiting its internet site. The company cannot be held liable for damages arising from the use of the internet such as loss of data, intrusion, virus or disruption of service or other involuntary problems.
Whatsoever the cause of the responsibility, the company Bonheur des Dames shall be obliged by way of reparation to a single reimbursement of the amount of the order and potential delivery costs.
Article 14: Electronic signature
The validation of your order by clicking on the ‘Continue’ button, the authentification and protection of the entirety of the messages, constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Article 15: Proof
The computerised records stored in the computer system of the company Bonheur des Dames in reasonable security conditions will be considered as proof of the transactions, orders and payments between the parties.
Article 16: Preservation and archiving.
Preservation and archiving of purchase orders and invoices are made in a reliable and sustainable manner to correspond to a precise copy, pursuant to Section 1348 of the Civil Code.
Article 17: The Contract.
The present general conditions of sale constitute the entire agreement between the parties. No other particular or general condition put forward by the client may be integrated into these general terms of sale.
Article 18: Applicable Law
Any order involves, automatically and by right, your adherence to our general conditions of sale.
These general conditions of sale, as well as any difficulties of a procedural or other nature which may arise in the application of the conditions of sale and the order placed by the client, shall be governed by and construed in accordance with the laws of France.