General Terms and Conditions of Sale
Article 1. Scope of Application
The General Terms and Conditions of Sale below (hereinafter "GTC" or "General Terms and Conditions of Sale") aim to govern all contractual relationships between BIENVENUE EN BRETAGNE, a limited liability company with a capital of 10,000 euros, whose registered office is located at:
27 RUE DU DANEMARK 56400 AURAY - RCS LORIENT 853 798 221 - VAT number: FR21533141685
(hereinafter "Bienvenue en Bretagne") and customers (hereinafter the "Buyer") placing orders via the website www.bienvenueenbretagne.bzh (hereinafter the "Site").
The objectives of these GTC are:
To specify the conditions and modalities of online sales offered by Bienvenue en Bretagne and delivery of products ordered on the Site,
To inform the Buyer about their rights and obligations in the context of online sales of these products.
These GTC apply, without restriction or reservation, to all sales of all products offered on the Site accessible via the Internet at www.bienvenueenbretagne.bzh. Setting up the necessary computer means allowing access to the Site and access fees are at your expense.
Any order placement through the Site by the Buyer implies their unconditional acceptance of the GTC. To this end, the Buyer confirms accepting all the GTC and having read them when they tick the box "I accept" at the time of placing their order.
Bienvenue en Bretagne reserves the right to modify these GTC at any time for the future. It is the Buyer's responsibility to read the GTC applicable at the considered time carefully for each new order. The GTC applicable to the Order are those accepted by the Buyer at the time of placing the order.
Article 2. Order Process
The process below describes the sequence of ordering the product(s) selected by the Buyer (hereinafter the "Products").
Identification of the Buyer:
The identification of the Buyer can be done directly after selecting the Products or via their Bienvenue en Bretagne customer account (hereinafter the "Account").
Opening an Account includes entering information by the Buyer, notably a valid email address and a password (hereinafter the "Identifiers"). These identifiers are personal to the Buyer and must be kept confidential by them.
The Buyer accesses the Site and can add the products they wish to order to their basket. They then have access to the content of their basket, including all the Products they have added. The Buyer will then need to proceed with their identification. In this context, the Buyer undertakes to provide Bienvenue en Bretagne with reliable and accurate information, allowing Bienvenue en Bretagne to execute all its contractual obligations. Bienvenue en Bretagne's liability cannot be engaged in the event that the information provided by the Buyer turns out to be wholly or partially false and/or incomplete.
In this situation or in case of non-payment or any other irregularity on the Buyer's account, Bienvenue en Bretagne reserves the right to cancel the order and/or delete the Buyer's user account.
Placement of the order by the Buyer:
After the Buyer has placed the products they wish to order in the basket and has provided their identification data, a summary of the order is then presented to the Buyer, allowing them to verify the details of their order and make any necessary corrections.
The Buyer will need to enter and verify the billing and delivery address, then proceed to choose their delivery and payment method. An order number will be assigned to the Buyer as soon as they have paid for their order.
Final confirmation of the order:
Only the confirmation of payment definitively validates the order and contractually binds Bienvenue en Bretagne to the Buyer. The invoice will be available on the Bienvenue en Bretagne customer account.
The Buyer will be debited the amount of their order at the time of its dispatch.
Characteristics and availability of Products:
Prior to their order, the Buyer can take note of the essential characteristics of the Product(s) they wish to order by clicking on the Product sheet.
In case of a stockout of some products in the Buyer's order, the Buyer will be notified within their order email of the stockout of the concerned products.
Bienvenue en Bretagne reserves the right to modify at any time the assortment of Products offered for sale on its Site.
Article 3. Prices
The sales prices of the Products offered on the Site are indicated in euros and include all taxes ("TTC"). The sales prices of the Products on the Site are those in force at the time of the Buyer's order placement.
The prices are applicable in the context of distance selling.
Prices do not include shipping costs, charged in addition to the price of the products purchased. Shipping costs are indicated before the Buyer confirms the order.
Article 4. Payment
The Buyer assures Bienvenue en Bretagne that they have the necessary authorizations to use the chosen method of payment to settle their Order, at the time of the Order's registration.
4.1 Payment methods accepted on www.bienvenueenbretagne.fr
4.1.1. Credit Cards: The following cards are accepted: CB, VISA, EUROCARD/MASTERCARD, or AMERICAN EXPRESS. All data entered during Credit Card payment is immediately encrypted using SSL protocol and recorded on the Crédit Agricole du Morbihan server. No confidential payment data is stored by Bienvenue en Bretagne. This information is accessible only to our banking partner. At no time does Bienvenue en Bretagne have access to the Buyer's bank data.
4.2. Payment terms
Orders are payable in euros, including all taxes and mandatory contributions, and delivery fees. The Buyer will bear any bank charges (including in the case of a refund).
In case of non-payment or partial payment of any sum that would be due by the Buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Site, including for previous orders; Bienvenue en Bretagne reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution.
4.3. Security of payment operations
As part of the fight against Internet fraud, information relating to the Buyer's order may be transmitted to any third party authorized by law or designated by Bienvenue en Bretagne solely for the purpose of verifying the Buyer's identity, the validity of the Order, the payment method used, and the planned delivery.
In case the Recipient is unable to collect the package within the time indicated on the notice of passage, the package is returned to Bienvenue en Bretagne.
5.2.3. Delivery to a relay point: Mondial Relay:
Delivery to a relay point allows the Buyer to have their package delivered to the relay point they have selected during their order.
The Buyer receives an email informing them of the availability of their order at the chosen collection point. The Buyer has a period of 14 days to collect their package upon receipt of the email.
To collect their package, the Buyer must present the aforementioned email and a valid ID.
In case of collection by a third party, the latter must have a valid ID, a copy of the Recipient's ID, and the order number.
After 14 days, the package will be returned to Bienvenue en Bretagne. The Buyer will then be refunded the amount of their order (excluding delivery costs).
5.3. Receipt of the order
Upon receipt of their package, the Buyer is invited to check the condition and content of the package, and to sign the delivery receipt, noting any reservations observed.
The signature on the receipt must match the Recipient's signature. Any verification may be carried out by Bienvenue en Bretagne in case of doubt.
In case of significant anomalies concerning the condition of the package (strongly damaged package, open package, leakage trace, ...) or the ordered products (missing and/or damaged products), the Recipient of the Order must follow the procedures described below, corresponding to the Order conditions, within 3 days from receipt. Non-compliance with the appropriate procedure excludes any recourse against the carrier and Bienvenue en Bretagne. Moreover, the Buyer will not be entitled to any refund. The Buyer or the Recipient of the Order will also not be entitled to have Bienvenue en Bretagne redeliver the ordered products.
Delivery is deemed completed as soon as the package is made available in person, in the Recipient's mailbox or when it is deposited at the Post Office or Parcel Relay chosen. The Buyer is invited to follow the proper routing of their package via the parcel tracking service and inform the postal service and Bienvenue en Bretagne Customer Service as soon as the mentioned delivery deadline is exceeded.
In case of force majeure, Bienvenue en Bretagne cannot be held responsible or liable for any direct or indirect consequences resulting from it.
!!! Attention: Items from the Home Collection (Scented Candle, Interior Mist, and Interior Diffuser) are on pre-order, with delivery scheduled for July 2022.
5.4 Procedures in case of a damaged package, missing product, or damaged product
The Recipient must check the condition of the package, as well as the number, references, and condition of the delivered Products.
In case of a problem, the Recipient will issue reservations within the carrier's delivery slip.
The Buyer commits to report the issue as soon as possible, but in any event within 3 days following delivery, to Bienvenue en Bretagne Customer Service.
Bienvenue en Bretagne Customer Service may request any additional information and/or conduct any necessary verification.
Article 6. Withdrawal, refunds, and returns
6.1. Right of withdrawal / "Satisfied or Refunded" offer
In accordance with article L221-18 and following of the consumer code, the Buyer may exercise their right of withdrawal without providing reasons from the receipt of their order, or from the availability of it to a third party of their choice.
In accordance with article L221-18 of the consumer code, the Buyer will not be able to exercise their right of withdrawal for:
Goods that have been unsealed by the consumer after delivery and which cannot be returned for hygiene or health protection reasons. The return costs of the product and the inherent risks in exercising this right of withdrawal are at the Buyer's expense.
Subject to the present conditions provided in terms of deadline and modalities for returning products, the Buyer may obtain a refund of the returned products and delivery costs; in accordance with article L221-24 of the consumer code. Bienvenue en Bretagne commits to refunding the Buyer according to the payment method used for the initial transaction or any other means chosen after the Buyer's agreement.
Modalities of exercising the right of withdrawal
The Recipient must inform Bienvenue en Bretagne of their intention to withdraw within 14 days following the receipt of the Order. For this, the Recipient must inform Bienvenue en Bretagne Customer Service by sending it via the contact form.
The Buyer commits to returning the concerned products to the following address:
Bienvenue en Bretagne withdrawal service,
17 avenue du Quebec
91140 Villebon sur Yvette
The Buyer commits to returning all or part of the products from their Order, in a condition suitable for new commercialization (products in perfect condition in their original packaging and under cellophane) within 14 days from the date on which the Buyer informed Bienvenue en Bretagne. Returns sent beyond this deadline will not be accepted.
The products must also be accompanied by the Order number.
The Buyer's responsibility may be engaged in case of depreciation of the product resulting from manipulations other than those necessary to establish the nature, characteristics, and, where applicable, the proper functioning of the products.
Bienvenue en Bretagne commits to refunding the Buyer as soon as the products are recovered, in a condition suitable for new commercialization, by Bienvenue en Bretagne.
Article 7. Legal Warranties
7.1. Legal warranty of conformity
Bienvenue en Bretagne is liable for any conformity defects of the Product, under the conditions of articles L211-4 and following of the Consumer Code.
Subject to the presentation of a proof of purchase, the Buyer has a period of 2 years from the delivery of the Product to assert the legal warranty of conformity. For the first 24 months following the delivery of the Product, the Buyer is exempt from providing proof of the existence of the conformity defect, the burden of proof lying on NFD.
In case of a conformity defect, the Buyer has the choice between repair and replacement of the Product. If the Buyer's choice involves a cost manifestly disproportionate to the other modality proposed, taking into account the value of the good or the importance of the defect; Bienvenue en Bretagne reserves the right not to proceed according to the Buyer's choice.
If neither of the envisaged solutions can be implemented within a month following the claim, the Buyer has the possibility to request a reduction in price or a refund. In case the conformity defect is minor, the Buyer cannot benefit from a refund.
7.2. Warranty against hidden defects
Bienvenue en Bretagne is liable for hidden defects of the Product under the conditions provided in articles 1641 and following of the Civil Code. Subject to the presentation of a proof of purchase, the Buyer may assert the warranty against hidden defects within a period of 2 years.
The Buyer must provide proof that the defect was not apparent, existed at the time of purchase, and renders the product unfit for the use for which it is intended, or significantly diminishes such use.
Subject to the provision of this proof, the Buyer may choose between the resolution of the sale or a reduction of the sale price, in accordance with article 1644 of the Civil Code.
Article 8. Customer Service
For any problem related to your order, the Customer Service is at your disposal:
Bienvenue en Bretagne
27 rue du Danemark
At the following number: 07.64.01.04.64
By message via our contact form
Article 9. Reservation of Ownership
Bienvenue en Bretagne retains full and complete ownership of the sold products until the perfect collection of the price, including principal, fees, and taxes. Non-payment may lead to the claim of the Products.
The transfer of risks of loss or deterioration is operated in the hands of the Buyer from the delivery of the Products.
Article 10. Intellectual Property Rights
The Site and all its elements found therein (brand, designs, logos, models, etc.) are either the exclusive property of Bienvenue en Bretagne or Bienvenue en Bretagne holds the rights. Any total or partial reproduction is prohibited.
Article 11. Personal Data
Bienvenue en Bretagne attaches great importance to the protection and respect of its Clients' privacy and their personal data.
The General Policy for the Protection of Personal Data of Bienvenue en Bretagne is available on its Site.
The Buyer is invited to take note of this policy regarding data protection.
The personal data of the Buyer collected and stored by Bienvenue en Bretagne in the context of any order aims at the proper management of orders, deliveries, and invoices.
Article 13. Liability
13.1. Limitation of Liability
The liability of Bienvenue en Bretagne cannot be engaged when the Buyer does not comply, in whole or in part, with the General Terms and Conditions of Sale, or in case of unforeseeable act of a third party or in case of force majeure as defined by French jurisdictions.
BIENVENUE EN BRETAGNE DISCLAIMS ALL LIABILITY FOR DIRECT AND/OR INDIRECT DAMAGES, WHETHER FORESEEABLE OR NOT, CAUSED ON THE OCCASION OF THE USE OF THE SITE.
13.2. Buyer's Capacity
The Buyer declares to have full legal capacity, allowing them to commit under these GTC. Bienvenue en Bretagne cannot in any case be held to verify the capacity of visitors and Buyers on its Site.
If a Buyer not having legal capacity were to order Products on the Site of Bienvenue en Bretagne, their legal guardians will have to assume full responsibility for the order and must notably honor the price of the latter.
Article 14. Applicable Law and Competent Jurisdiction
14.1. Applicable Law
These General Terms and Conditions of Sale are subject to French law. ANY DISPUTE RELATING TO THE EXISTENCE, INTERPRETATION, EXECUTION, OR TERMINATION OF THE CONTRACT CONCLUDED BETWEEN BIENVENUE EN BRETAGNE AND THE BUYER, EVEN IN CASE OF MULTIPLE DEFENDANTS, WILL, IN THE ABSENCE OF AN AMICABLE AGREEMENT, BE UNDER THE EXCLUSIVE JURISDICTION OF THE COMPETENT FRENCH COURTS IN ACCORDANCE WITH THE RULES SET OUT BY THE FRENCH CODE OF CIVIL PROCEDURE.