Terms and Conditions of Sale

The following general terms and conditions are intended to apply to any order placed by consumers through our website.

These general terms and conditions are those in effect as of November 1, 2016.

Happy shopping!

Article 1 – General Terms and Conditions of Online Sale – Acceptance of Terms

The present general terms and conditions of sale (the "General Conditions"), which define the rights and obligations of the parties to the distance selling contract, apply by operation of law to the contractual relationship between the company LES RHABILLEURS, a simplified joint-stock company (société par actions simplifiée) with a share capital of 1,100 euros, whose registered office is located at 60 rue Vieille du Temple – 75003 PARIS, registered with the Paris Trade and Companies Register under No. 752 309 914 (hereinafter "LES RHABILLEURS") and whose VAT number is FR05 752309914, and any Customer placing an order for Products (hereinafter referred to as the "Customer"), on the Website at the address www.josephbonnie.com (hereinafter referred to as the "Site"). Any validation of an order through the Site implies the full, complete, and unreserved acceptance of the General Conditions by the Customer. By placing an order, the Customer therefore agrees to comply with the said General Conditions and declares that the ordered Products are not intended for their professional activity.

No special condition other than those of the company LES RHABILLEURS may prevail over these General Conditions. Any contrary clause will therefore be unenforceable against us, regardless of the time at which it may have been brought to the attention of the company LES RHABILLEURS.

Furthermore, LES RHABILLEURS reserves the right to modify these General Conditions at any time; however, modifications can only apply to orders validated after the update of the said General Conditions.

Article 2 – Ordering Process

Before placing an order, the Customer selects the desired Product, whose characteristics (including name, price, quantity, color, specifications) they declare to accept, having been transmitted to them or appearing on the Site.

The Customer must then provide certain valid identification data necessary to identify them, namely:

• Last name, first name, billing address, delivery address (if different from the billing address), email address, phone number.

The Customer may, if they wish, create an account on the site in order to save their identification data for a possible future purchase.

The Customer, after checking the box indicating that they have read and accepted the General Conditions, then validates their order and proceeds to pay the price and delivery costs by choosing the payment method, namely PayPal or Credit Card.

A summary of the order will be accessible to the Customer through their Customer account if they have opened one, or via the email sent to them after validation of the order. This confirmation email will also contain a copy of the General Conditions in force, which it is the Customer's responsibility to keep.

In the event of non-compliance with the General Conditions by the Customer, particularly regarding the payment of an order, LES RHABILLEURS reserves the right to suspend its performance and, if necessary, suspend or terminate the Customer's account. Prior to any measure to this effect, the Customer will be notified as soon as possible by LES RHABILLEURS, with mention made of the possibility for them to regularize their situation, as well as the possibility to contest the facts alleged against them. Consequently, LES RHABILLEURS reserves the right to refuse any order from a Customer with whom there is such an outstanding dispute.

In accordance with Article 11 of the General Conditions, the Customer has in all cases a right to object, access, and rectify all data concerning them retained by LES RHABILLEURS.

Article 3 – Price

The prices of the Products sold on the website of the company LES RHABILLEURS are indicated in euros, all taxes included (TTC), and are subject to variations during the year. It is, however, specified that Products are invoiced at the price in effect at the time of order validation by the Customer.

Delivery costs are mentioned separately at the time of order validation, before payment, and depend on the chosen delivery option, as well as the nature and weight of the ordered Product. They are therefore invoiced in addition to the price of the ordered Product(s), unless an exception is expressly mentioned.

Furthermore, for all Products delivered outside the European Union and outside the French Overseas Departments and Territories (DOM-TOM), LES RHABILLEURS draws the Customer's attention to the fact that customs duties or other local taxes, import duties, or state taxes may be requested, insofar as the Customer is considered the importer of the Products. These duties and taxes do not fall within the scope of the company LES RHABILLEURS. They will be borne by the Customer and are their sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies of the importing country. LES RHABILLEURS advises the Customer to inquire about these aspects with the local authorities of the importing country.

Article 4 – Terms of Payment

Payment for the price of the ordered Products is made in full before delivery, via a transfer through PayPal or credit card, upon ordering, through our secure payment system. Delivery of the ordered Product(s) takes place after confirmation of the agreement from the bank payment centers. In the event of a refusal of authorization, the Customer will receive an email notifying them of the cancellation of the order and the reason for this refusal. The Customer guarantees that they are fully authorized to use the credit card or PayPal account used to pay for their order. For any order exceeding an amount of 1,000 euros, LES RHABILLEURS reserves the right to verify the consistency of the information it possesses, and to request a photocopy of the buyer's identity card as well as a proof of address. These measures make it possible to fight effectively against the fraudulent use that could be made of your credit card or PayPal account. The acceptance of the Customer's order by LES RHABILLEURS is formalized by sending the order confirmation email to the Customer.

Article 5 – Delivery – Availability

5.1 Product Availability

Product offers are valid as long as they are visible on the Site and within the limit of available stocks.

If one of the Products proves to be unavailable after validation of the order by the Customer, the Customer will be informed by email, with the expected restocking timeframes for this product, in order to allow them, if necessary, to cancel their order or place a new one. In any event, their account will be re-credited within 10 days for the amount of the Product ordered but not delivered. The rest of the order will be delivered normally, the Customer hereby agreeing to a partial delivery.

5.2 Place of Delivery

Orders placed through our Site can be shipped anywhere in the world. All orders are delivered to the delivery address mentioned at the time of ordering or, by default, in the Customer contact form appearing in their account. In the event of an error by the Customer when providing their data or insufficient information resulting in a return of the Product by the carrier, it will be re-shipped at the Customer's expense.

5.3 Delivery Times

The delivery time mentioned in the order summary corresponds to the shipping time indicated on the Product page, plus processing and transit times.

In the event of delivery by a carrier requiring an appointment with the Customer, the latter will contact the Customer as soon as possible to agree on a delivery appointment, at the latest 30 days from the date of your order validation. LES RHABILLEURS cannot be held responsible for a delivery delay due exclusively to the unavailability of the Customer after several appointment proposals by the carrier.

When the Customer orders several Products at the same time and these have different delivery times, the delivery time of the order is based on the furthest deadline. LES RHABILLEURS reserves, however, the right to split shipments. The contribution to processing and shipping costs will only be invoiced for a single shipment.

In the event of a shipping delay, an email will be sent to the Customer to inform them of any potential impact on the delivery time indicated to them.

In any event, in accordance with legal provisions, in case of a delivery delay, the Customer benefits from the possibility to resolve the contract under the conditions and terms defined in Article L 216-2 of the Consumer Code.

The Customer is also invited to regularly consult their order tracking and to contact customer service for any questions or in case of a problem.

Article 6 – Retention of Title

LES RHABILLEURS expressly reserves ownership of the delivered Products until full payment of their price in principal and interests, if applicable. Non-payment may result in the reclamation of the Products by LES RHABILLEURS. The above provisions do not prevent, upon receipt by the Customer, the transfer to the Customer of the risks of loss or damage to the Products, as well as any damage they might cause.

Article 7 – Right of Withdrawal – Returns

7.1. Exercise of the Right of Withdrawal

The Customer has the right to withdraw from this contract without giving any reason within fourteen days. The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s).

To exercise the right of withdrawal, the Customer must notify their decision to withdraw from the order by means of an unambiguous statement (for example, a letter sent by post or an email) to the following address: LES RHABILLEURS, 60 rue Vieille du Temple – 75003 Paris or contact@josephbonnie.com.

The Customer may also use the model withdrawal form downloadable [here], but it is not mandatory. The Customer can thus fill out and submit the model withdrawal form to the address contact@josephbonnie.com. If the Customer uses this option, the company LES RHABILLEURS will immediately send an acknowledgment of receipt of the withdrawal on a durable medium (by email).

For the withdrawal period to be respected, it is sufficient for the Customer to send their communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

If the Customer decides to exercise their right of withdrawal, they must return the Product in its original packaging, in its original condition, accompanied by the delivery slip and/or the corresponding invoice within 14 calendar days following the date on which the return request was sent to the company LES RHABILLEURS. This deadline is deemed respected if the Customer returns the goods before the expiration of the fourteen-day period. Returned Products travel at the Customer's expense and risk. Products that are not accompanied by their original packaging or that are returned in a condition unfit for resale may be refused by our returns department and may be sent back to the Customer: in this case, no refund can be issued.

Given the high value of certain Products, the Customer is advised to insure the Products when returning them to the company LES RHABILLEURS, insofar as the Customer ensures their custody and preservation until receipt by LES RHABILLEURS.

7.2. Refund by LES RHABILLEURS

Any Product returned in violation of the terms mentioned in the above paragraphs may not be accepted by LES RHABILLEURS: it may consequently not be subject to a refund or will give rise to an indemnity request for payment from the company LES RHABILLEURS, depending on the damage or deterioration observed on the Product.

The company LES RHABILLEURS will defer the refund until receipt of the Products or until the Customer provides proof of shipment of the goods, the date retained being that of the first of these events.

In the event of a withdrawal by the Customer, accepted by LES RHABILLEURS, LES RHABILLEURS will refund all payments received, excluding delivery costs, and, in any event, no later than fourteen days from the day on which the company LES RHABILLEURS was informed of the decision to withdraw. The company LES RHABILLEURS will carry out the refund using the same means of payment as that used by the Customer for the initial transaction; in any event, this refund will not incur any fees for the Customer.

7.3 – Products Excluded from the Right of Withdrawal

In accordance with the regulations in force, the right of withdrawal cannot be exercised for Products made to the Customer's specifications or personalized, or for goods unsealed by the customer that cannot be returned for reasons of hygiene or health protection.

Article 8 – Legal Warranties

Under the legal warranty of conformity, the Customer:

• Benefits from a period of two years from the delivery of the goods to take action against the company LES RHABILLEURS;

• May choose between the repair or replacement of the goods, subject to the cost conditions provided for by Article L. 217-9 of the French Consumer Code;

• Is exempt from providing proof of the existence of the lack of conformity of the goods:

  • if the product is new: during the 24 months following receipt of the Product;

  • if the product is second-hand/used: during the 6 months following receipt of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product.

It is recalled that the consumer may decide to implement the warranty against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code, and that in this scenario, they can choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. 

The provisions of this Article 8 do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 7.

However, the Customer cannot contest conformity by invoking a defect they knew of or could not ignore when they contracted (Article L. 217-8 of the French Consumer Code): the Customer is therefore requested to carefully consult the Product pages for the description of all Products, and particularly second-hand ones, where all potential scratches, impacts, and imperfections are detailed. Furthermore, regarding second-hand goods that are sometimes very old, and despite all the care taken by LES RHABILLEURS prior to their shipment, the Customer declares to be informed that frequent renovations or servicing may need to be carried out.

In all cases, in the absence of a confirmed breakdown or in the event of abnormal use of the Product (including, but not limited to: broken product, oxidation, use not complying with the manufacturer's recommendations or the purpose of the Product), LES RHABILLEURS will proceed neither with the repair nor the exchange of the Product; LES RHABILLEURS may furthermore invoice for the labor costs incurred. In accordance with legal provisions concerning conformity and hidden defects, the company LES RHABILLEURS will refund or exchange defective Products or those not corresponding to their description. If the Customer requests a refund, they must contact the Site beforehand at the following email address, explaining the details of the request and the grounds prompting it: contact@josephbonnie.com.

In the event of acceptance of the return by LES RHABILLEURS, the Products must be returned in the condition in which the Customer received them, in their original packaging, in their original condition, accompanied by the delivery slip and/or the corresponding invoice. Shipping costs will be refunded to the Customer on the basis of the invoiced rate, and return costs will be refunded upon presentation of supporting documents. Given the high value of certain Products, the Customer is advised to insure the Products when returning them to the company LES RHABILLEURS, insofar as they ensure their custody and preservation until receipt by LES RHABILLEURS.

 Furthermore, for new items listed and in accordance with the Hamon Law of March 17, 2014, LES RHABILLEURS informs the consumer of the availability of spare parts for 1 year.

Article 9 – Liability

It is expressly specified that the Site of the company LES RHABILLEURS is intended for consumers and that the Products sold are not designed for professional use. Consequently, LES RHABILLEURS cannot be held liable for any indirect or consequential damages resulting from the use or operation of the ordered Products. Furthermore, the Products comply with French legislation, but the liability of the company LES RHABILLEURS cannot be engaged in the event of non-compliance with the legislation of the country where the Products are delivered: it is up to the Customer to inquire with the authorities of the importing country to find out if the Product is authorized there.

Furthermore, LES RHABILLEURS cannot be held liable for the non-performance of the contract concluded, on the one hand, in the event of force majeure, as defined by Article 1218 of the French Civil Code, and on the other hand, in the event of the Customer's fault or the unpredictable and insurmountable act of a third party to the contract, or consequences resulting from the misuse of the Products sold on the Site.

Article 10 – Intellectual Property

No element of the Site, including editorial content, graphics, photographs, logos, and trademarks, may be copied, reproduced, modified, downloaded, published, republished, transmitted, or distributed in any form or by any means whatsoever without the prior written agreement of LES RHABILLEURS. Any unauthorized use of the elements appearing on this Site may constitute a violation of regulations or legislation relating to copyright, trademarks, or any other applicable legislation, and is subject to the penalties provided for by law.

Article 11 – Personal Data

The database consisting of the data communicated has been the subject of a declaration to the National Commission for Data Protection and Liberties (Commission Nationale de l'Informatique et des Libertés - CNIL). In accordance with Law No. 78-17 of January 6, 1978, the Customer has a right to object, access, and rectify all data concerning them brought to the knowledge of the company LES RHABILLEURS during the execution of the contract. The Customer may exercise these rights by contacting LES RHABILLEURS by email at contact@josephbonnie.com.

In accordance with current regulations, the Customer's request must be signed and accompanied by a photocopy of an identity document bearing their signature, specifying the address to which the response must be sent. A response will then be addressed within a period of 2 months following receipt of the request.

Furthermore, if the Customer expresses the wish during registration, LES RHABILLEURS has the possibility to:

• Send its promotional offers and newsletters, any other use by third parties not being authorized.

• Authorize the transmission of this personal data to our commercial partners.

Failing this, LES RHABILLEURS will only use this information within the strict framework of processing the Customer's orders and establishing statistics aimed at improving its Site and the services offered.

Article 12 – Proof

Unless contrary proof is brought by the Customer, the automatic registration systems of LES RHABILLEURS are considered as valid proof of the nature, content, and date of the sales contract.

Article 13 – Applicable Law – Disputes – Handling of Complaints – Mediation

The present contract is subject to French law. The language of this contract is the French language. In the event of a legal dispute, French courts shall have exclusive jurisdiction, subject to mandatory applicable legal provisions.

For any complaint, please contact customer service beforehand at the following address: contact@josephbonnie.com. Indeed, in accordance with the rules applicable to mediation, any consumer dispute must be submitted beforehand in writing to the LES RHABILLEURS Consumer Service before any request for mediation.

Subsequently, in the event of a persistent disagreement and in accordance with Ordinance No. 2015-1033 of August 20, 2015, relating to the extrajudicial settlement of consumer disputes, any consumer has the right to resort free of charge to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional. The time limit allotted to the consumer to contact a mediator is one year from their written complaint to the professional.

 

LEGAL INFORMATION :

Director of Publication: Mr. Gabriel Vachette

Publisher: LES RHABILLEURS, a simplified joint-stock company with a share capital of 1,000 euros, whose registered office is located at 60 rue Vieille du Temple – 75003 PARIS, registered with the Paris Trade and Companies Register under number 752 309 914

Contact Email Address: contact@josephbonnie.com