TERMS OF SALES

BONS BAISERS PARIS

PREAMBLE

This merchant site is published by the company SAS Bons Kisses de Paname, a simplified joint stock company with capital of 20,000 euros, whose head office is located at 21 Place de la République 75003 Paris, registered with the PARIS RCS under number 828 275 420 , whose individual intra-community identification number is: FR67828275420, and represented by its President, Mr. Luc Chen (the “ Seller ” or “ Good kisses from Paname ”).

 

The site is freely and freely accessible to any Internet user at the address https://www.bonsbaisersdepaname.com/ (the “ Site ”). The purpose of the Site is to offer for sale the products offered for sale on the Site by the Seller (hereinafter referred to as the “ Products ”).

 

These general conditions of sale (hereinafter the “ CGV ”) define the contractual rights and obligations of the Seller and the customer (the “ Customer ”) in the context of the online sale of Products offered by the Seller to the Customer. They apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

 

These General Terms and Conditions constitute, along with the purchase orders, the contractual documentation enforceable against the Parties when purchasing a Product, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the sales contract. The General Terms and Conditions express the entirety of the obligations of the parties concerning the sale of the Products. Ordering Products requires their unreserved acceptance.

 

The General Terms and Conditions are made available to Customers and any Internet user on the Site, where they can be directly consulted. They can also be communicated on request by telephone, e-mail or postal mail.

 

Validation of the order by its confirmation constitutes acceptance by the Customer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Seller.

 

The Seller reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request.

 

If any part of the General Terms and Conditions proves to be illegal, invalid or inapplicable, for any reason whatsoever, the stipulations in question will be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.

 

The fact that the Seller does not avail itself at a given time of any of the stipulations of these General Terms and Conditions cannot be interpreted as a waiver of its right to avail itself of them at a later date.

 

ARTICLE 1. CATALOG AND ONLINE SHOP

 

The products offered for sale are each subject to a description mentioning their essential characteristics within the meaning of article L. 111-1 of the Consumer Code.

 

The Products are described and presented with the greatest possible accuracy. Concerning the photographs, every effort is made to most faithfully reproduce the colors and other characteristics of the Products on the Site. Variations may nevertheless occur, particularly due to technical limitations in color rendering of computer equipment.

 

The Products are offered as long as they are presented on the Site and while stocks last.

 

The Products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market, and in particular with the requirements of French law in force in time of their placing on the market.

 

The prices and taxes relating to the sale of the Products are specified in the catalog or the online store.

 

ARTICLE 2. PRICE

The Seller reserves the right to modify its prices at any time by publishing them online.

 

Only the prices in force indicated at the time of the order will apply.

 

Prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery costs, which are charged extra.

TERMS OF SALES

GOOD KISSES FROM PANAM

PREAMBLE

This merchant site is published by the company SAS Bons Kisses de Paname, a simplified joint stock company with capital of 20,000 euros, whose head office is located at 21 Place de la République 75003 Paris, registered with the PARIS RCS under number 828 275 420 , whose individual intra-community identification number is: FR67828275420, and represented by its President, Mr. Luc Chen (the “ Seller ” or “ Good kisses from Paname ”).

 

The site is freely and freely accessible to any Internet user at the address https://www.bonsbaisersdepaname.com/ (the “ Site ”). The purpose of the Site is to offer for sale the products offered for sale on the Site by the Seller (hereinafter referred to as the “ Products ”).

 

These general conditions of sale (hereinafter the “ CGV ”) define the contractual rights and obligations of the Seller and the customer (the “ Customer ”) in the context of the online sale of Products offered by the Seller to the Customer. They apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.

 

These General Terms and Conditions constitute, along with the purchase orders, the contractual documentation enforceable against the Parties when purchasing a Product, to the exclusion of all other conditions, oral or written, exchanged before the conclusion of the sales contract. The General Terms and Conditions express the entirety of the obligations of the parties concerning the sale of the Products. Ordering Products requires their unreserved acceptance.

 

The General Terms and Conditions are made available to Customers and any Internet user on the Site, where they can be directly consulted. They can also be communicated on request by telephone, e-mail or postal mail.

 

Validation of the order by its confirmation constitutes acceptance by the Customer of the General Terms and Conditions in force on the day of the order, the conservation and reproduction of which are ensured by the Seller.

 

The Seller reserves the right to modify its General Terms and Conditions at any time. In the event of modification of the General Conditions of Sale, the applicable General Conditions of Sale are those in force on the date of the order, a copy of which dated to date can be provided to the Customer upon request.

 

If any part of the General Terms and Conditions proves to be illegal, invalid or inapplicable, for any reason whatsoever, the stipulations in question will be deemed unwritten, without calling into question the validity of the other stipulations which will continue to apply.

 

The fact that the Seller does not avail itself at a given time of any of the stipulations of these General Terms and Conditions cannot be interpreted as a waiver of its right to avail itself of them at a later date.

 

ARTICLE 1. CATALOG AND ONLINE SHOP

 

The products offered for sale are each subject to a description mentioning their essential characteristics within the meaning of article L. 111-1 of the Consumer Code.

 

The Products are described and presented with the greatest possible accuracy. Concerning the photographs, every effort is made to most faithfully reproduce the colors and other characteristics of the Products on the Site. Variations may nevertheless occur, particularly due to technical limitations in color rendering of computer equipment.

 

The Products are offered as long as they are presented on the Site and while stocks last.

 

The Products comply with the requirements in force relating to the safety and health of people, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market, and in particular with the requirements of French law in force in time of their placing on the market.

 

The prices and taxes relating to the sale of the Products are specified in the catalog or the online store.

 

ARTICLE 2. PRICE

The Seller reserves the right to modify its prices at any time by publishing them online.

 

Only the prices in force indicated at the time of the order will apply.

 

Prices are indicated in euros (excluding taxes and all taxes included) and do not take into account delivery costs, which are charged extra. Delivery costs are indicated before validation of the order by the Customer.

 

The prices take into account the taxes applicable on the day of the order and any change in the rate of these taxes will be automatically reflected in the price of the Products in the catalog or the online store. If one or more taxes or contributions, particularly environmental, were to be created or modified, either up or down, this change may be reflected in the selling price of the Products.

 

The total amount of the order, delivery costs included, is indicated before final validation of the order form.

 

Payment of the entire price must be made when ordering.

 

Any order on the Site and delivered outside France or the Territory of the European Union may be subject to possible taxes and customs duties which are imposed when the package reaches its destination.

 

These customs duties and any taxes linked to the delivery of an item are the responsibility of the Customer and are their responsibility. Bons Kisses de Paname is not required to check and inform its Customers of applicable customs duties and taxes.

 

ARTICLE 3. ONLINE ORDER

 

The Customer has the option of completing an order form online, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the Products.

 

Before confirming his order, the Customer will have the possibility to check the details of his order and its total price, as well as to return to previous pages to correct any errors or possibly modify his order.

 

The Customer must accept these General Terms and Conditions by clicking where indicated for their order to be validated.

 

The Customer must provide a valid email address and delivery address and hereby acknowledges that any exchange with the Seller may take place using this address.

 

The Customer must also choose the delivery method and validate the payment method.

 

Acceptance of the offer by the Customer is validated by confirmation of the order, in accordance with the double click process.

 

Any order modification by the Customer after confirmation of his order is subject to acceptance by the Seller.

 

The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.

 

Any order modification by the Customer after confirmation of his order is subject to acceptance by the Seller.

 

The order is deemed validated once payment has been accepted and received by the Seller.

 

ARTICLE 4. CONFIRMATION AND PAYMENT OF THE ORDER

 

This is an order with payment obligation, which means that placing the order involves payment by the Customer.

 

4.1 PAYMENT

 

The Customer makes payment at the time of final validation of the order by specifying his bank card number.

 

The Site is subject to a secure payment system in order to guarantee the security and confidentiality of Customers' personal and particularly banking information.

 

The Customer guarantees to the Seller that he has the necessary authorizations to use this payment method and acknowledges that the information given for this purpose constitutes proof of his consent to the sale and to the payment of the sums due under the order.

 

The Seller has implemented a procedure for verifying orders and means of payment intended to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.

 

In the event of refusal of authorization for payment by credit card from accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

 

The Seller also reserves the right to refuse an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.

 

4.2 CONFIRMATION

Upon receipt of validation of the purchase and payment by the Customer, the Seller sends to the latter, to the email address he has specified, confirmation of receipt of the order form.

 

The sales contract is formed when the Customer sends the confirmation of his order.

 

The Seller sends an invoice to the Customer upon delivery.

 

The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to Customer Service (see contact details below) before delivery.

 

In the event that the unavailability of a Product is noted after validation of the order, the Seller immediately informs the Customer and can offer him a Product of equivalent quality and price.

 

Failing this, and in any case in the event of disagreement by the Customer, the order for the unavailable Product(s) will be automatically canceled and the Buyer will be reimbursed.

 

In the event of cancellation of the order, the Buyer will be reimbursed within fourteen (14) days following the cancellation.

 

For any questions relating to the tracking of an order, the Customer may contact Customer service using the following contact details:

 

• by email: hello@bonsbaisersdepaname.com
• by mail: Good kisses from Paname, 15 rue Monsigny - 75002 Paris

 

 

ARTICLE 5. ELECTRONIC SIGNATURE

 

The online provision of the buyer's bank card number and the final validation of the order constitute proof of the Customer's agreement, of the payability of the sums due under the purchase order, signature and express acceptance of all operations carried out.

 

ARTICLE 6. PROOF OF TRANSACTION

 

Communications, orders and payments between the Customer and the Seller can be proven using computerized records, kept in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.

 

ARTICLE 7. METHOD OF PAYMENT

 

All payment methods made available to the Customer are listed on the Seller's website. The Customer guarantees to the Seller that he has the authorizations possibly necessary to use the payment method chosen by him, when placing the order.

 

ARTICLE 8. DELIVERY

 

Delivery means the transfer to the Customer or recipient of the order of physical possession of the Product. Delivery is only made after confirmation of payment by the Seller's banking organization.

 

The Products are delivered to the address indicated by the Customer on the online form serving as an order form, the Customer must ensure its accuracy.

 

Any package returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.

 

Except in cases of force majeure, delivery takes place, according to the method chosen by the Customer, within the following deadlines:

 

Colissimo La Poste delivery:

 

• In 3 to 5 working days to mainland France and Monaco
• In 5 to 7 working days To Overseas
• In 4 to 8 working days internationally

 

Mondial Relay delivery:

 

• In 4 to 8 working days to mainland France and Monaco

 

Chronopost delivery:

 

• In 1 to 2 working days to mainland France and Monaco
• In 3 to 5 working days to Belgium

 

Total failure to deliver automatically results in the termination of the sales contract.

 

The risks of loss or damage to the Products are transferred to the Customer at the moment when he, or a third party designated by him, takes physical possession of the good, without distinction according to its nature.

 

The Product, which is delivered to the Customer by a carrier chosen by the Seller, travels at the Seller's risk.

 

The Product, which is delivered to the Customer by a carrier chosen by him, travels at the Customer's risk from the moment the goods are handed over to the carrier.

 

8.1 DELAY IN DELIVERY AND DENUNCIATION

 

When the Product ordered is not delivered on the date or at the end of the period mentioned on the order form, or failing that, thirty days after the conclusion of the contract, the Customer may, after having unsuccessfully requested the Seller to fulfill its delivery obligation within a reasonable additional period, resolve the contract by registered letter with acknowledgment of receipt or by writing on another durable medium.

 

The reimbursement is then made within fourteen (14) days from this notification.

 

8.2 VERIFICATION OF THE ORDER

 

If at the time of delivery, the original packaging is damaged, torn or opened, the Customer must then check the condition of the Products. If they have been damaged, it is recommended to refuse the package and note a reservation on the delivery note.

 

The Customer must indicate on the delivery note, and in handwritten form, any anomaly concerning the delivery.

 

It is recalled that:

 

Article L.133-3 § 1 of the Commercial Code provides:

 

“Receipt of the transported objects extinguishes any action against the valet for damage or partial loss if within three days, not including public holidays, following that of this receipt, the recipient has not notified the valet, by extrajudicial act or by registered letter, his reasoned protest. »

 

Furthermore, article L.224-65 of the Consumer Code specifies:

 

" When the consumer personally takes delivery of the objects transported and when the valet does not justify having given him the possibility of actually verifying their good condition, the period mentioned in article L. 133-3 of the commercial code which extinguishes any action against the valet is extended to ten days. »

 

The Customer must, where applicable, inform the Seller of his reservations according to the following terms:

 

• by email: hello@bonsbaisersdepaname.com
• by mail: Kind kisses from Paname 15 rue Monsigny, 75002 Paris

 

Upon receipt of the complaint according to the conditions defined herein, the Seller will assign an exchange number for the Product(s) concerned and will communicate it by email to the Customer.

 

8.3 PRODUCT COMPLIANCE

 

If the Product does not conform to the order, the Customer must send a complaint to the Seller with a view to obtaining the replacement of the Product or possibly the resolution of the sale according to the terms defined herein.

 

8.4 ORDER RETURN

 

The Product(s) must be returned to the following address:

 

GOOD KISSES FROM PANAM

78 RUE DE TURBIGO

75003 PARIS

 

8.5 CONSEQUENCES OF THE RESOLUTION

 

In the event of cancellation of an order for Product(s) according to the terms of this article, the professional reimburses the consumer within fourteen (14) days. Failing this, the amounts are automatically increased according to the terms set out in article 10.

 

ARTICLE 9. LEGAL GUARANTEES

It is understood that all Products sold by the Seller benefit from the legal guarantee of conformity (as defined in articles L.217-4 et seq. of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 to 1649 of the Civil Code), allowing the Customer to return defective or non-compliant Products delivered free of charge.   The legal guarantees of conformity and against hidden defects apply independently of any commercial guarantees granted.   If the Customer wishes to implement the legal guarantee of conformity, the Customer must contact the Seller directly:   - Within two (2) years from the delivery of the property to act;   - can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;   - is exempt from providing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.   The Customer may decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code. In this case, the Customer can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the civil code.

 

9.1 LEGAL GUARANTEE OF CONFORMITY

 

The Consumer Code provides the following in terms of legal guarantee of conformity:

 

Article L.217-4 of the Consumer Code:

 

“ The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.

 

He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »

 

Article L217-5 of the Consumer Code:

 

“ The property complies with the contract:

 

1° If it is suitable for the use usually expected of similar goods and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »

 

Article L217-7 of the Consumer Code:

 

“Defects of conformity which appear within a period of twenty-four months from delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.

[…]

The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »

 

Article L217-9 of the Consumer Code:

 

 

“In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.

However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »

 

Article L217-10 of the Consumer Code:

 

“If repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.

The same faculty is open to him:

1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint;

2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking.

However, the sale cannot be canceled if the lack of conformity is minor. »

 

Article L217-11 of the Consumer Code:

 

“The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer.

These same provisions do not prevent the award of damages. »

 

Article L217-12 of the Consumer Code:

 

“ The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »

 

Article L217-13 of the Consumer Code:

 

“The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is available to him. recognized by law. »

 

9.2 WARRANTY AGAINST HIDDEN DEFECTS

 

The Civil Code provides for the guarantee of defects against hidden defects in the following terms:

 

Article 1641 of the Civil Code:

 

“ The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »

 

Article 1643 of the Civil Code:

 

“He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »

 

Article 1644 of the Civil Code:

 

“In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »

 

Article 1645 of the Civil Code:

 

“If the seller knew of the defects in the thing, he is liable, in addition to restitution of the price he received, for all damages owed to the buyer. »

 

Article 1646 of the Civil Code:

 

“If the seller is unaware of the defects in the item, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »

 

Article 1647 of the Civil Code:

 

“If the thing which had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for restitution of the price and other compensation explained in the two preceding articles.

 

But the loss occurring by fortuitous event will be for the account of the buyer. »

 

Article 1648 paragraph 1 ^of the Civil Code:

 

“ The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »

 

ARTICLE 10. REFUND

 

It is recalled that in accordance with article L. 241-4 of the Consumer Code, when the professional has not reimbursed all of the sums paid by the consumer at the latest within fourteen days following the date on which the contract has been denounced under the conditions provided for in article L. 216-3 of the Consumer Code, this sum is automatically increased by 10% if the reimbursement occurs no later than thirty days beyond this term, by 20 % up to sixty days and 50% thereafter.

 

 

ARTICLE 11. RIGHT OF WITHDRAWAL

11.1 CONDITIONS AND TIME LIMIT FOR EXERCISE OF THE LEGAL RIGHT OF WITHDRAWAL

 

In accordance with the provisions of articles L.221-5 and L. 221-18 et seq. of the Consumer Code, the Customer has a right of withdrawal which he can exercise within fourteen (14) days from receipt of the Products by the Customer or any third party designated by him.

 

11.2 PRODUCTS EXCLUDED FROM THE LEGAL RIGHT OF WITHDRAWAL

 

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for orders relating in particular to the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection, and on the supply of Products made according to the Customer's specifications or clearly personalized.

 

11.3 CONSEQUENCES OF EXERCISEING THE LEGAL RIGHT OF WITHDRAWAL

 

If the Products may be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article, may obtain a refund of the returned Products as well as the delivery costs of the order.

 

11.4 FEES

 

In accordance with article L221-23 of the Consumer Code, the costs of returning the Products will remain the responsibility of the Customer except in the event of lack of conformity of the Products delivered in relation to the order (in which case these return costs will be payable by the Customer). the responsibility of the Seller).

 

• TERMS OF EXERCISE OF THE RIGHT OF WITHDRAWAL

 

The Customer must inform the Seller of his desire to withdraw within fourteen (14) days following receipt of the Product(s), by notifying the Seller of his decision to withdraw by means of an unambiguous declaration indicating his name, address, telephone number and email address.

 

The Customer may in particular use the model withdrawal form included in the appendix to these General Terms and Conditions, and send his declaration electronically or by post to the following email or postal addresses:

 

• by email: hello@bonsbaisersdepaname.com
• by mail: Good kisses from Paname, 15 rue Monsigny, 75002 Paris

The Customer must return the Products concerned by post within fourteen (14) days following notification of withdrawal.

 

If the Products may be subject to the legal right of withdrawal, the Customer exercising his right of withdrawal under the conditions provided for in this article, may obtain a refund of the returned Products as well as the delivery costs of the order.

 

The Products must be returned to the Seller in a condition allowing them to be sold again (unused products, and in perfect condition in packaging providing adequate protection or equivalent to that of the original packaging, accessories, instructions, etc.) .

 

In accordance with article L221-24 of the Consumer Code, the Seller reimburses the Customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days of recovery. of the Products or the transmission of proof of shipment of these Products, the date retained being that of the first of these facts.

 

It is recalled that in application of article L. 242-4 of the Consumer Code, when the professional has not reimbursed the sums paid by the consumer, the sums due are automatically increased:

 

• the legal interest rate if the repayment takes place no later than 10 days after the expiration of the 14-day period set out above,
• 5% if the delay is between 10 and 20 days,
• 10% if the delay is between 20 and 30 days,
• 20% if the delay is between 30 and 60 days,
• by 50% between sixty and ninety days, and
• an additional five points for each new month of delay up to the price of the product, then the legal interest rate.

 

The Seller makes this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment and to the extent that the reimbursement does not cause any costs for the Customer.

 

The Seller is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.

 

ARTICLE 12. PROTECTION OF PERSONAL DATA

 

Information relating to the order, including certain personal data of the Customer, is subject to automated data processing, in accordance with the laws and regulations in force relating to the protection of personal data (the “ Regulation Applicable "), and in particular to the date hereof the provisions of Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data and the free movement of such data (the Regulation “ GDPR ”) and the Data Protection Act of January 6, 1978 as amended (the “ LIL ”).

 

The Bons Baisers de Paname privacy policy is accessible under this link.

 

It is also specified that the Customer can also register free of charge on the list opposing telephone canvassing on the site www.bloctel.gouv.fr .

 

 

ARTICLE 13. INTELLECTUAL PROPERTY

 

The Seller certifies that either it holds all the intellectual property rights of the works reproduced in the Products, or that these creations are free of rights.

 

Generally speaking, the order does not entail any transfer of intellectual property rights to the works reproduced on the Products, nor any guarantee, whatever the title, for the benefit of the Customer or that of the third party.

 

For the avoidance of doubt, any transfer of intellectual property rights must be the subject of a separate specific contract between the Seller and the Customer.

 

The Customer undertakes to scrupulously respect all instructions for use of the Product which will be communicated by the Seller. The Customer undertakes to use it in accordance with the provisions of the Intellectual Property Code and in particular respect for the moral rights provided for in article L.121-1 of the Intellectual Property Code.

 

 

ARTICLE 14. FORCE MAJEURE

 

The parties will be exempt from their obligations, in the event that a circumstance constituting a case of force majeure as defined by the law and the courts, prevents their execution. The obligations of the parties will be suspended.

 

The party which invokes such a circumstance must notify the other party immediately, upon its occurrence and its disappearance.

 

All irresistible and unforeseeable, unavoidable facts or circumstances which cannot be prevented by the latter, despite all reasonably possible efforts, defined as such by French case law and in particular, the blocking of means of transport are considered to be cases of force majeure. or supplies, epidemics, pandemics, states of emergency, war, attacks, terrorism, earthquakes, fires, storms, floods, lightning, and the shutdown of telecommunications networks.

 

If the force majeure lasts for more than one month, these general conditions may be terminated by the injured party.

 

ARTICLE 15. PARTIAL NULLITY

 

If one or more stipulations of these general conditions of sale were to be declared void by application of the law, a regulation or a final decision of a French court, the other stipulations will retain their full force and scope.

 

 

ARTICLE 16. LANGUAGE

 

These documents may be translated into different languages. In the event of a contradiction between the different versions of the General Terms and Conditions, the French version will prevail.

 

ARTICLE 17. APPLICABLE LAW – MEDIATION – DISPUTES

 

17.1 APPLICABLE LAW

 

Without prejudice to any applicable mandatory rules, these General Terms and Conditions are governed by French law.

 

17.2 MEDIATION

 

In the event of a dispute between the professional and the consumer, they will endeavor to find an amicable solution.

 

In the absence of an amicable agreement, the consumer has the possibility of contacting the consumer mediator to whom the professional reports, namely the Association of European Mediators (AME CONSO), free of charge, within one year of the complaint. written addressed to the professional.

 

The referral to the consumer mediator must be made:

 

• either by completing the form provided for this purpose on the AME CONSO website: mediationconso-ame.com ;
• or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.

 

17.3 Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up a dispute resolution platform, intended to collect complaints from consumers relating to an online purchase. This platform is accessible. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/ .

 

17.4 DISPUTES

 

In the absence of an amicable agreement, the dispute will be submitted to the competent courts under the conditions of common law.

 

 

 

WITHDRAWAL FORM MODEL

 

(Please complete and return this form only if you wish to withdraw from the contract.)

 

To the attention of Bons Baisers de Paname, 21 place de la République -75003 Paris

 

 

I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the property below:

 

Ordered on (*)/received on (*):

 

Name of client(s): ____________

 

Address of customer(s): ____________

 

Signature of the client(s) (only if this form is notified on paper): ____________

 

Date :____________

 

(*) Delete what is unnecessary.