GENERAL TERMS AND CONDITIONS OF SALE
The website www.boflint.com belongs to the company boflint.
Simplified joint stock company with a capital of 20.00,00 euros
Having its registered office at 63 Avenue des arenes de Cimiez- 06000 Nice
Represented by Mr. Roger Mourat in his capacity as Managing Director, duly authorized for the purposes of the present document,
Hereinafter the “Seller”.
Preamble
The Seller’s business is the sale of bottles and jars, glassware, caps, lids and stoppers.
The Seller markets the above-mentioned goods in Metropolitan France and in Belgium through the website www.boflint.com. The list of goods offered for sale online by the Seller can be consulted on the site available at www.boflint.com
The Parties agree that their relations will be governed exclusively by the present General Conditions of Sale, to the exclusion of all others.
The General Terms and Conditions of Sale apply without restriction or reservation to any sale of material, product or merchandise on the Site, excluding purchases made directly from the Seller’s physical establishment in Nice.
The placing of an order through the Site implies the unreserved acceptance of the General Terms and Conditions of Sale by the Customer, who shall confirm his acceptance of the General Terms and Conditions of Sale by checking the box “I have read the General Terms and Conditions of Sale and I accept them unreservedly” when placing the Order
The Seller reserves the right to modify at any time the present Terms and Conditions of Sale by publishing a new version on the Site. The General Terms and Conditions of Sale shall be those in force on the date the Order is validated.
The Vendor takes the greatest care in the presentation and description of the products in order to provide the Customer with the best possible information. The photographs illustrating the Items offered on the Web Site are as accurate as possible. However, the computer equipment used by the Customer may alter the color of the Articles. The Salesman could not be held for person in charge of the not substantial errors which could affect the characteristics of the Articles. The Parties agree that the photos of the Goods on sale on the site www.boflint.com have no contractual value.
Article 1. – Definitions
The terms and expressions referred to below mean, when preceded by a capital letter, for the purposes of the interpretation and execution of the present:
“Item” means the Product(s) that is/are the subject of the Order;
“Good”: any product offered for sale on the Web site;
“Customer”: any natural or legal person having the legal capacity to do so who contracts with the Seller;
“Order”: a request for Goods made by the Customer to the Seller;
“General Terms and Conditions of Sale”: the general terms and conditions of sale which are the subject hereof;
“Delivery Time” means the period of time between the date of Order Validation and the date of Delivery of the Order to Customer;
“Delivery Costs” means the costs incurred by the Seller to deliver the Order to the delivery address specified by the Customer;
“Delivery” means the shipment of the Item to the Customer;
“Delivery Method”: means any standard or express delivery method available on the Site at the time of the Order;
“Price” means the unit value of a Good or Service; this value includes all taxes and excludes Delivery Charges;
“Total Price”: the total amount of the cumulative Prices of the Goods and Services that are the subject of the Order; this amount includes all taxes;
“All-Inclusive Price”: the Total Price to which is added the price of the Delivery Costs; this amount includes all taxes;
“Site”: the online sales site www.boflint.com used by the Seller to market its Goods;
“Territory” has the meaning given to this term in Article 3;
“Order Validation”: has the meaning given to it in Article 5;
“Online Sale”: means the marketing of the Seller’s Goods via the Site;
References to Articles are references to the articles of this Agreement, unless otherwise provided.
References to the singular include the plural and vice versa.
Any reference to one gender includes the other gender.
Section 2. – Subject matter
The purpose of these General Terms and Conditions of Sale is to define the rights and obligations of the Parties in the context of the Online Sale of Goods offered for sale by the Seller to the Customer.
Article 3. – Field of application
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Seller offers the Goods for sale via the Site and in the Territory and are reserved for Customers domiciled in metropolitan France or Belgium for delivery of Goods in metropolitan France or Belgium.
The essential characteristics and prices of the Goods sold electronically are available on the Site.
In addition, the Customer receives the information provided for in Articles L. 121-8 and L. 121-19 of the French Consumer Code, prior to and after the conclusion of the sale and in particular by means of these General Terms and Conditions of Sale.
The present General Terms and Conditions of Sale are applicable to all sales of Goods by the Seller through the Site.
The Customer hereby declares that he/she has read and understood these General Terms and Conditions of Sale prior to the Order Validation as set forth in Article 5. The Validation of the Order therefore implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale apply to all Orders placed by Customers residing in France or Belgium and intended for delivery within Metropolitan France or Belgium (“the Territory”).
Article 4. – Language
The present General Conditions of Sale are available in French, English and Dutch.
Article 5. – Ordering the Goods and Steps to Complete the Online Sale
In order to complete the Order, the Customer must follow the following steps:
1. Enter the address of the Site;
2. Follow the instructions on the Web site, in particular those required to open a customer account. In this context, the Customer undertakes to provide accurate and reliable information enabling the Vendor to perform all of its contractual obligations;
3. Fill in the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of Goods chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to start again his selection of Goods from the beginning;
4. 4. Check the items in the Shopping Cart and, if necessary, identify and correct any errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the “Order Validation”);
6. Follow the instructions of the online payment server to pay the All-Inclusive Price.
Customer will then receive electronic confirmation of acceptance of payment for the Order without delay.
Customer shall also promptly receive electronic confirmation of receipt of the Order (the “Order Confirmation”).
Customer shall receive electronic confirmation of the shipment of the Order and an electronic version of the invoice.
Delivery shall be made to the delivery address in Metropolitan France or Belgium indicated by the Customer at the time of the Order.
During the various stages of the Order as described above, the Customer undertakes to comply with these terms and conditions.
The Seller undertakes to fulfil the Order only within the limits of available stocks of the Goods. If the Goods are not available, the Seller shall inform the Customer accordingly.
However, in accordance with Article L. 121-1 of the French Consumer Code, the Seller reserves the right to refuse the Order for any legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order.
In the event of non-payment or any other irregularity in the Customer’s account, the Vendor reserves the right to cancel the Customer’s order and/or delete the Customer’s user account.
Likewise, the Seller may ask the Customer to contact the Seller or another entity designated by the latter directly in the event that the quantities ordered are too large to be managed by Online Sales.
The Seller shall not be held responsible in the event that the information provided by the Customer is false or incomplete.
As a general rule, information on product availability is provided to the Customer by the Vendor when the Order is placed. Exceptionally, however, it may happen that an item is temporarily unavailable after the Order has been confirmed. In such a case, the Seller shall inform the Customer by e-mail, who may decide to cancel the Order and shall send the Seller a notice of cancellation of the Order by e-mail.
Article 6. – Price of the Goods and Conditions of Validity
The Price of the Goods sold on the Site is indicated by item and reference respectively.
At the time of the Order Validation, the price to be paid is the All-Inclusive Price.
The telecommunication costs inherent to accessing the Site shall be borne exclusively by the Customer.
The validity period of the offers and prices is determined by the updating of the Site.
Article 7. – Terms of payment
The payment of the All-Inclusive Price by the Customer is made by credit card.
The transaction is immediately charged to the Customer’s credit card after verification of the data of the latter, upon receipt of the debit authorization from the issuing company of the credit card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by means of a payment card is irrevocable. By communicating his credit card information, the Customer authorizes the Seller to debit his credit card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that he/she is the holder of the credit card to be debited and that the name on the credit card is his/her own. The Customer shall communicate the sixteen digits and the expiry date of his/her credit card as well as, if applicable, the visual cryptogram numbers.
In the event that it is impossible to debit the All-Inclusive Price, the Online Sale shall be immediately cancelled by operation of law and the Order shall be cancelled.
The Seller shall take all necessary measures to ensure the confidentiality and security of the data transmitted on the Site. The Vendor protects the security of the Customer’s personal information during transmission by using SSL (Secure Sockets Layer Software), which encrypts the information the Customer enters before it is sent.
When confirming an order, the Seller only reveals the last four digits of the Customer’s credit card. The Seller, of course, transmits the entire number to the GIE carte bancaire (Groupement d’Intérêt Économique carte bancaire) during the processing of the order.
Seller maintains physical, electronic and procedural safeguards in connection with the collection, storage and communication of personal customer information. Security procedures may require Seller to request proof of identity from Customer before releasing personal information to Customer.
It is important that Customer protect against unauthorized access to Customer’s password and computer. If the Customer shares a computer, the Customer must log out after each use.
Article 8. – Delivery of the Order
8.1. Delivery Method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order.
The goods are shipped at the Customer’s risk even if they are sold “carriage paid”.
8.2. Delivery Address
The Customer shall choose a delivery address that must be located within the Territory, failing which the Order shall be rejected.
The Customer shall be solely responsible for any failure to deliver due to a lack of information at the time of the Order.
8.4. Delivery Times
Delivery times are available on the Site and may vary depending on the availability of the Goods ordered.
In all cases, delivery shall take place no later than thirty (30) days after the Order is placed.
Delivery times are in working days and correspond to the average time required to prepare and deliver the Order in the Territory.
The Delivery Time shall run from the date of the Order Confirmation by the Seller.
8.5. Delay in Delivery
In the event of late delivery, the Order shall not be cancelled.
The Seller shall inform the Customer by e-mail that the Delivery will be delayed. The Customer may then decide to cancel the Order and shall contact customer service:
By e-mail info@boflint.com
By using our contact form.
If the Order has not yet been dispatched when the Seller receives the Customer’s cancellation notice, the Delivery shall be blocked and the Customer shall be reimbursed for any sums debited within fifteen days of receiving the cancellation notice. In the event that the Order has already been shipped upon receipt by the Seller of the Customer’s cancellation notice, the Customer may still cancel the Order by refusing the package. The Seller shall then reimburse the sums debited and the return shipping costs incurred by the Customer within fifteen days of receiving the return of the rejected package, complete and in its original condition.
8.6. Follow-up of the Delivery
The Customer may track the progress of the Order in the space reserved for this purpose on the Web Site.
8.7. Verification of the Order on arrival
The Customer is responsible for checking the condition of the packaging and the Items upon delivery.
It is the Customer’s responsibility to make any reservations and claims that he/she deems necessary, or even to refuse the package, if the package is obviously damaged upon delivery. The said reservations and claims must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. Customer shall also send a copy of such letter to Seller. Failure to file a claim within the aforementioned time period shall extinguish any action against the carrier pursuant to Article L. 133-3 of the French Commercial Code.
Customer shall ensure that the Goods delivered to it correspond to the Order. In case of non-conformity of the Goods in kind or quality to the specifications mentioned in the Delivery note, the Customer must inform the seller and send a picture of the Goods by e-mail to reclamation@boflint.com, respecting the return instructions described below.
Return instructions:
1. Print your invoice.
2. Add the invoice to your return package.
3. Send the package within the time limit to the following address
Return BoFlint, 63 Avenue des arenes de cimiez, 06000 Nice
4. Please note that the Customer will have to pay the shipping costs associated with the return of items he/she has ordered.
Article 9. – Right of withdrawal
The Customer has a right of withdrawal that he/she may exercise within 14 calendar days (fourteen days) following the date of receipt or collection of the Order. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next business day.
In the event of an order consisting of several packages, the withdrawal period shall begin to run from the date of delivery of the last package.
The Customer who wishes to exercise his right of withdrawal must return the Articles within the above-mentioned period, in their original packaging, complete, new with the reference and date of the order to the following address Return BoFlint, 63 Avenue des arenes de cimiez, 06000 Nice.
In order to identify the person making the return, the Customer must indicate his or her last name, first name, address as well as the date and reference of the Order.
Article 10. – Complaints
The Customer shall address any and all complaints to the customer service department by post or e-mail, quoting the reference number and date of the Sales Order:
By mail: Complaint BoFlint, 63 Avenue des arenes de cimiez, 06000 Nice.
By e-mail info@boflint.com
By using our contact form.
Only claims relating to the Online Sale of Products will be taken into account.
Article 11. – Guarantee
11.1 Legal guarantees due by the Salesman
In accordance with the regulations in force, it is recalled that the consumer :
– benefits from a two-year period as from the delivery of the good to act;
– may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 211-9 of the Consumer Code;
– is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for used goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he must choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
The Seller is subject to the conditions of legal guarantees provided for in Articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
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Article L. 217-4 of the Consumer Code:
“The seller is required to deliver goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery.
He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.”
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Article L. 217-5 of the Consumer Code:
The good is in conformity with the contract:
1° If it is fit for the purpose usually expected of a similar good and, where appropriate :
– if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;
– if it presents the qualities that a purchaser can legitimately expect taking into account the public declarations made by the salesman, by the producer or by his representative, in particular in publicity or labelling;
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 accepted by the latter
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Article L. 217-12 of the Consumer Code:
“The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
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Article 1641 of the Civil Code:
“The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.”
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Article 1648 of the Civil Code:
“The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
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In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be relieved of the defects or apparent lack of conformity.
11.2 Guarantees granted by the manufacturers
In addition to the legal warranties owed by the Seller, certain Goods sold on the Site may benefit from a contractual warranty granted by the manufacturer of the Goods, the scope and duration of which differ according to the products and brands.
Consequently, the Seller invites the Customer to carefully consult the instruction manual provided with the products and the exact terms of the manufacturer’s warranties that may apply to the Goods.
In any case, the Seller shall not be held liable in the event of the manufacturer’s refusal to apply its warranty for the reasons set forth above.
Article 12. – Intellectual property rights
All brands, texts, comments and works, illustrations and images, whether visual or sound, reproduced on the Site are protected under copyright, trademark rights, patent rights and image rights.
They are the full and entire property of the Seller or its partners. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. It is the same for any copyright, design, model and patent which are the property of the Seller.
Article 13. – Confidentiality of Data
The personal information and data requested from the Customer are necessary to process the Order.
In the event that the Customer agrees to provide personal data, the Customer shall have the right to access, delete and rectify such data in accordance with the provisions of Law No. 78-17 of January 6, 1978 on Data Processing, Data Files and Individual Liberties. The Customer must address any written request:
By email info@boflint.com
Through our contact form.
When creating his customer account on the Site, the Customer will be able to choose whether he wishes to receive offers from the Seller and its partners. However, if the Customer no longer wishes to receive such offers, he may at any time modify it in his customer account or specify it by e-mail to info@boflint.com
It is important that the Customer protects himself against unauthorized access to his password and his computer. If the Customer shares a computer, he/she must log out after each use.
In addition, the BoFlint website uses cookies. The purpose of a cookie is to signal your visit to our site. Cookies are only used by BoFlint to improve the personalized service provided to you.
Article 14. – Force Majeure
The Seller’s performance of its obligations under the terms of the Order and these General Terms and Conditions of Sale shall be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay the performance thereof.
Seller shall notify Customer of the occurrence of such an act of God or force majeure within five (5) days of the date of occurrence of the event.
If Seller’s performance continues to be suspended for a period in excess of fifteen (15) days, Customer may terminate the current Order and Seller shall refund the Order in accordance with Section 7.
Article 15. – Nullity of a Clause of the present General Sales Conditions
If any of the provisions of these General Terms and Conditions of Sale were to be invalidated, this invalidity would not entail the invalidity of the other provisions of the General Terms and Conditions of Sale and of the contract entered into between the Parties, which shall remain in force between the Parties.
Article 16. – Amendment of the Order
Any amendment, termination or waiver of any of the provisions of the General Conditions of Sale or the Order shall be valid only upon written and signed agreement between the Parties.
Article 17. – Independence of the Parties
Neither party may make any commitment in the name of and/or on behalf of the other party. Furthermore, each of the Parties shall remain solely responsible for its allegations, commitments, services, products and personnel.
Article 18. – Non-waiver
The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to in the Order and these General Terms and Conditions of Sale, shall not be interpreted for the future as a waiver of the obligation in question.
Article 19. – Notices
All notices to be given in connection with an Order and the contract entered into between the Parties shall be deemed to have been given if sent by registered letter with return receipt requested to the following address
Seller: BoFlint 63 avenue des arenes de cimiez – 06000 Nice
Article 20. – Applicable Law
The present Contract will be governed by French law.
Article 21. – Attribution of jurisdiction
Any dispute arising out of the formation, interpretation or performance of an Order shall be subject to the exclusive jurisdiction of the courts of the jurisdiction of Nanterre, notwithstanding multiple defendants or third party claims.