The present terms and conditions of sale are agreed between, on the one hand, the company BM Commerce registered on the Trade and Corporate Register of Cannes under the number 792880916.
Telephone: 06.12.44.19.26 (from 9 am to midday and 2 pm to 6 pm on working days) E-mail: firstname.lastname@example.org
Hereinafter referred to as “the Seller”.
And, on the other hand,
Non-retailing web surfers wishing to make a purchase on the “Fumer Chic” website, visible at the address: http://www.fumerchic.com
Hereinafter referred to as “the Buyer”.
The present terms and conditions govern the sale of any product or service presented on the “Fumer Chic” website by the company BM Commerce.
The parties agree that their relations will be governed exclusively by the present contract, with the exclusion of any other terms and conditions.
Any order duly validated on the “Fumer Chic” website implies the full and unreserved acceptance of the present general terms and conditions of sale and, eventually, any special terms and conditions specific to one or more products, services or orders.
In the event of a failure of one of the terms and conditions, it will be considered to be governed by practices in force in the mail order sector for companies with a head office in France. BM Commerce undertakes to comply with all the provisions of the Code of Consumption concerning mail order.
The present terms and conditions aim to define the sales methods between the Seller and the Buyer, from the order to the service and including payment and delivery.
They govern all the stages necessary for placing the order and ensuring the tracking of this order between the contracting parties.
ORDER AND AVAILABILITY
Yhe order may only be registered on the website if the Buyer has clearly identified himself by entering his login and password, which are strictly confidential.
The Buyer declares that he is at least 18 years old and that he has the legal capacity or the parental authorisation needed to place an order on the Website.
All orders imply the acceptance of the prices and descriptions of the products available for sale.
The Buyer declares that he has read and agrees to the present General Terms and Conditions of Sale before placing his order. The validation of an order implies the acceptance of these General Terms and Conditions of Sale.
After placing the order, the Seller sends an e-mail to the Buyer confirming his order.
The Seller informs him that the articles have been sent. The Buyer has the opportunity to modify the order up until the date the articles are dispatched.
BM Commerce undertakes to honour all the orders received on the website subject to available stock. The Seller undertakes to inform the Buyer in the event of a product becoming unavailable.
The final date for delivery corresponds to the delivery date indicated on the article’s information sheet to which is added the time required for processing and transport.
Delivery usually takes between 24 and 48 hours for France following the date your order on fumerchic.com is sent, depending on the transport service and option chosen and 10 days for other countries.
If the Seller is aware of a final delivery date of more than 30 days, he may offer the Buyer the opportunity to cancel the initial order while waiting for the goods to become available again.
You can choose to track your parcel online. To do this, go to your fumerchic.com customer account. Logon to your account using your e-mail address and password, click on My orders and on the details of the order concerned. You will see the status of your order and its tracking number.
BM Commerce is responsible for the conveyance of orders up until they are delivered.
This responsibility stops as soon as the buyer receives his order and signs for it.
The buyer is responsible for checking his order in the presence of the transport company. He may:
1) Refuse the parcel and inform BM Commerce immediately within 48 hours at the following address: ... as well as the transport company by recorded delivery with return receipt within 48 hours.
2) Enter any reserves he may have about the parcel’s condition on the transport company’s receipt.
If the article is not conform to the order, before returning it, the buyer must inform BM Commerce... which will provide him with a return number and note (to be affixed to the parcel), proof of its acceptance of the order’s non-conformity.
In this case, the cost of returning the parcel and sending the new parcel will be covered by BM Commerce.
The Buyer may also make one (1) exchange by order. He must inform BM Commerce that he wants to do so by e-mail.... BM Commerce will then provide him with a return note (to be affixed to the parcel) as proof of its acceptance of the exchange.
In this case, the cost of returning the parcel will be payable by the buyer and the delivery cost of the new parcel will be covered by BM Commerce.
The returned product must be complete, in packaging which allows it to be transported without any risk, and in the same condition it was in when it was received. It must be sent by recorded delivery with return receipt, or with the “order tracking” option, within seven (7) days following the date of receipt.
The refund or exchange will be made after the product has been received and controlled by the seller.
BM Commerce will refuse any returns which have not followed this procedure.
In the case of a delay in delivery, the buyer must inform BM Commerce... which will contact the transport company. No changes may be made to the order before the transport company has replied. In the case of the parcel being lost, BM Commerce will send another parcel conform to the order at its own expense after informing the buyer.
The Buyer has the choice between paying for his purchases:
- by cheque when ordering
Payment by bank cheque is only possible for euro cheques drawn on a bank domiciled in France or Monaco. In the case of payment by cheque, the cheque will be paid into our account as soon as it is received. The cheque must be made payable to the Seller and sent to the address below accompanied by a copy of the order summary:
13 Rue Roquebillière
06150 Cannes La Bocca
- online by credit card when ordering:
Carte Bleue, Visa, Mastercard, American Express.
- bank transfer
Account holder : BM Commerce
Domicile : 13 rue Roquebillière - 06150 Cannes La Bocca- France
Bank code : 30002
Sort code : 03266
Accoun number : 0000117413Z
RIB key : 74IBAN : FR09 3000 2032 6600 0011 7413 Z74
BIC (Bank Identifier Code) : CRLYFRPP
The prices of our products are given in euros inclusive of all taxes and exclusive of handling and transport costs.
The Seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the prices in force at the time the order was received.
The prices given on the website are guaranteed for the period they are online and are subject to available stock.
Any order placed on the website and delivered outside of France and, in general, outside of the European Union, may be subject to taxes and customs’ duties applied when the parcel reaches its destination. These customs’ duties and taxes related to the delivery of an article are payable by the Buyer and are his sole responsibility. The Seller is not obliged to verify and provide information about any customs’ duties and taxes which may apply. For information about these, we recommend that the Buyer contacts the competent authorities in his country.
RIGHT OF WITHDRAWAL / RETURN / EXCHANGE
In accordance with the European directive of 24/03/2011, the Buyer benefits from a period of fourteen (14) days to exercise his right to return the article(s) ordered from the Seller without having to justify his reasons or pay any penalties, with the exception of the cost of returning the article(s). The seven day period starts on the day the articles are received.
All the articles may be exchanged or refunded, with the exception of those otherwise indicated, for example, articles which have been customised on request by the customer. The Buyer’s request for an exchange must be received within 7 days following the date of the parcel’s receipt or collection. If the new order is of a higher amount, the Buyer must include the payment of the difference with the exchange request. Conversely, if the amount of the exchange is lower than the initial amount, the Buyer will receive a cheque or a credit note, in the form of a code (to be used on the website), as a refund of the difference, once the Buyer has received the exchange request.
The Buyer has seven days, from the date of his withdrawal notification (by e-mail or letter and indicating his order reference details) to return the parcel to the Seller.
The product returned must be complete, in packaging which allows it to be transported without risk and in the same condition it was in when it was received.
The refund or exchange will be effective following the receipt and control of the product by the Seller.
All the articles are subject to the manufacturer’s guarantee against manufacturing defects, which is not an obstacle to the legal guarantee provided for by articles 1641 and following of the Civil Code. The Buyer benefits from a guarantee for the articles which allows him to return any faulty articles delivered, in accordance with articles L 211-4 and following of the Code of Consumption.
All products returned by virtue of the guarantee are subject to the Seller’s prior agreement. It is clearly stipulated that the product must be complete, not used or damaged and that the original packaging must not be damaged.
SIGNATURE AND DOCUMENTS OF PROOF
Any user of the website who does not have a customer account must follow a registration procedure to open his customer account. The login and password are confidential and should not be disclosed by the customer to third parties. The customer must inform the Seller as soon as possible in the case of a doubt about the unauthorised use of his account.
In all cases, providing a credit card number and validating the order online are proof that the order has been completed in full, in accordance with the provisions of the Act of 13 March 2000 and that they require the payment of the sums committed to when entering the articles appearing on the order form.
This validation implies the signature and clear acceptance of all the operations carried out on the website. However, in the case of the fraudulent use of his credit card, the customer is asked to contact the Seller’s customer services as soon as this use has been noted by calling 06.12.44.19.26
For all the ordering steps and all the following steps, BM Commerce is bound by an obligation to produce a specific result.
Thus, the Seller undertakes to describe the products sold on the website “ www.fumerchic.com” as precisely as possible. However, the Seller may not be held liable in the case of the non-performance of its obligations either owing to unforeseen and unavoidable circumstances involving a third-party to the contract, or in the case of force majeure as defined by French jurisprudence. Also, the Seller may not be held liable for any inconveniences or damages inherent to using the Internet, in particular an interruption in service, an intrusion, or the presence of computer viruses.
The Seller reserves the right to collect data. Personal data communicated by the Buyer or collected through the website’s operation (through cookies or active X) are used to ensure deliveries, improve service quality and meet the customer’s needs. The Buyer agrees to the use of this data by the Seller, in particular for communicating information to him about services and special offers which may be of interest to him.
If he does not want to receive these offers, he may request this at any time, either directly on the Internet, via his account, or by letter sent to the Seller’s address, accompanied by his surname, first name, e-mail address and, if possible, his customer reference.
In accordance with the provisions of the Data Freedom Act of 6 January 1978, the customer has the right to access and rectify his personal data by simply writing to the Seller’s customer services.
The customer’s data is stored confidentially by the Seller for a period of 2 years, following the date of the last visit to the website.
The Buyer is informed that this automatic processing of data, especially the management of e-mail addresses, has been declared to the CNIL (French Data Protection Authority) under the number 1683628 v 0 on 02-07-2013
The Seller does its utmost to ensure the confidentiality and security of data communicated over the Web. To that end, the website uses a SSL-type (Secure Socket Layer) secure payment method.
All the elements on the website “www.fumerchic.com”, whether visual or audio, including underlying technology, are protected by copyright, trademarks, or patents.
If one of the clauses of the present contract was rendered null and void by a change in legislation, regulations, or as a result of a legal decision, it will not in any case affect the validity of and compliance with the present terms and conditions of sale.
The present terms and conditions of sale apply during the entire period the services offered by BM Commerce are displayed online.
Computerised registries, stored in the computer systems of BM Commerce and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
CONSERVATION AND ARCHIVING OF TRANSACTIONS
Order forms and invoices are archived on a reliable and durable support so as to conserve a faithful and durable copy in accordance with article 1348 of the Civil Code.
APPLICABLE LAW AND COMPETENCE
The present terms and conditions are subject to French law. The competent court in the case of a dispute will be the one of the defendant’s domicile, or, if chosen by the applicant, the place of the product’s actual delivery.