GENERAL TERMS OF SALE
This website is an e-commerce website available via the internet at the address www.bonzini.com. It sells products, branded goods and miscellaneous items.
This website is published by BONZINI ®, a company with headquarters at 24, rue Désiré Vienot, 93170 Bagnolet (hereinafter referred to as the BONZINI company).
These general terms and conditions apply to all sales made through the www.bonzini.com website and define the rights and obligations of the parties generated by the online sale of the products offered on the website. These general terms and conditions supersede all other terms and conditions or documents.
These general terms and conditions of sale, the appendices to the general terms and conditions of sale and the order confirmation sent to the purchaser form a contract and constitute the whole of the contractual relationship between the parties. In the event of a contradiction between these documents, the general terms and conditions of sale shall prevail.
In the present terms and conditions, the term “user” shall refer to a web user browsing the BONZINI company website and the term “purchaser” shall refer to a web user who has confirmed an order on the website.
1 . PRODUCTS OFFERED FOR SALE
The products offered for sale by the BONZINI company are the products featured on the website at the time of viewing by the user.
The photographs used to illustrate the products are not contractual. BONZINI cannot be held liable for any erroneous photographs.
The products offered for sale are limited to available quantities. In the event that a product is unavailable, the purchaser will be informed as soon as possible by email or telephone.
The purchaser will not be billed for the unavailable product, and if the payment has already been made BONZINI will reimburse him for the purchase for the missing product in the form of a credit to the card used for the purchase or a cheque.
BONZINI cannot be held liable for the unavailability of a product or out-of-stock products.
2 . PRICE
Product prices are listed in euros and include all taxes. The VAT rate applied will be the rate in force on the order date. The prices listed on www.bonzini.com do not include shipping and handling costs, which must be paid by the purchaser in addition to the purchase price.
BONZINI reserves the right to modify its prices at any time, but products will be billed on the basis of the price when the order was placed.
3 . ORDER
A user who wishes to purchase one or more products on the BONZINI website must select each product that he wishes to purchase and add it to his basket.
Once all the products that the user wishes to purchase have been added to the basket, the user may confirm its contents and go on to place the order.
The user will then be redirected to a page which reviews the details and prices of the selected products. Clicking on “Order” will take the user to a page where he can enter his billing and delivery addresses. Clicking on “Order” again will take the user to the delivery options (and their costs). Finally, by clicking on “Order” again, the user is taken to the payment option selection page. After doing so, he must also accept the general terms and conditions of sale by checking the box before the words “I have read and unreservedly accept the general terms and conditions of sale,” accompanied by the hypertext link “Read the General Terms and Conditions of Sale” which can be used to access and read these general terms and conditions.
Once the user has selected these options, he can confirm the order by clicking on the “Order” button, then “Pay by bank card.”
Once the order has been placed, BONZINI will send an order confirmation email. The purchaser must keep the order confirmation.
4 . PAYMENT
The purchaser’s confirmation of the order confirms his obligation to pay the indicated price.
Payment must be made by bank card; the order amount is debited as soon as the order is confirmed.
Payments made through the website www.bonzini.com are secured by the SSL system and the 3D secure feature of the CyberPlus Paiement Net module from Crédit Coopératif, to provide the most effective protection possible for all the sensitive data used in online credit card payments.
5 . RETENTION OF OWNERSHIP
The BONZINI company retains ownership of the products ordered until it has completed collection of the payment. In the event of a problem with the payment, the purchaser undertakes to return the products received to the BONZINI company at its first request.
6 . DELIVERY
The products ordered will be delivered to the address indicated by the purchaser during the order process, within the timeframe indicated on the order confirmation page.
In the event of a delay in shipping the product, the purchaser will be informed by email of the delay’s impact on the delivery date.
In any event, pursuant to the provisions of article L. 216-2 of the consumer code, BONZINI undertakes to deliver the product within 30 days following execution of the contract.
In the event that the delivery deadline is missed, the purchaser may, after having enjoined BONZINI in writing on a durable medium to deliver the product in a timely manner, cancel the sale via the same process.
In this case, if the product or products are delivered after the purchaser has cancelled the sale, the BONZINI company will reimburse the purchaser for the order and all return expenses after the products have been returned.
Once the purchaser or a third-party named by the purchaser has physically taken possession of the products ordered, the risks of loss of or damage to the products are transferred to the purchaser.
When accepting the products, the purchaser is responsible for carefully verifying the condition and conformity of the products and their packaging.
Any anomalies must be signalled to the carrier and noted on the delivery slip.
Written notification of these anomalies must be sent to the BONZINI company within 3 days.
BONZINI cannot be held liable for claims lodged after this period.
7 . RIGHT OF WITHDRAWAL
The purchaser has 14 days from receipt of the product or products purchased to exercise his right of withdrawal with no need to justify the decision and with no penalties.
A purchaser who wishes to withdraw from the purchase must notify BONZINI using the online shop’s return request feature; this feature can be accessed through his account by going to the orders page. The purchaser will then use the return form which is automatically generated after confirmation of the return request and can be downloaded from the orders page in his account. The form included in the appendices to these terms and conditions may also be used.
The purchaser has 14 days from the invocation of his right of withdrawal to return the products whose purchase he wishes to cancel, at his own expense and accompanied by a copy of the invoice.
The product or products must be returned to the following address: Société BONZINI – 24, rue Désiré Vienot, 93170 Bagnolet.
Packages marked “postage will be paid by addressee” will not be accepted.
The purchaser is responsible for all risks related to the return of the product or products.
In the event of a dispute, the purchaser bears the burden of proving that he exercised his right of withdrawal in a timely manner.
BONZINI has 14 days from receipt of the withdrawal request to reimburse the purchaser. Reimbursement may be postponed until the products have been recovered.
8 . GUARANTEES
For the products ordered, the purchaser is protected by the legal guarantee of conformity (articles L. 217-4 et seq. of the consumer code) and the legal warranty against hidden defects (articles 1641 et seq. of the civil code).
Under the legal guarantee of conformity, the purchaser may request the repair or replacement of a non-conforming product within two years following delivery of the product.
Under the legal warranty against hidden defects, the purchaser may, within two years of discovering the hidden defect and subject to providing proof that the hidden defect existed at the time of purchase, elect cancellation of the sale or a reduction in the sale price.
9 . CONTACT - COMPLAINTS - MEDIATION
For any questions or requests for information, the purchaser may contact the BONZINI company: - By mail: Société BONZINI – 24, rue Désiré Vienot, 93170 Bagnolet - By email: contact form - By telephone: +33 (0)1 43 60 34 46 For complaints regarding order fulfilment or the present terms and conditions, the purchaser must submit a complaint using one of the contact options listed above.
If, after contacting the BONZINI company, the purchaser's complaint remains unresolved, he may turn to the mediation system selected by BONZINI at no charge.
10 . PERSONAL DATA
The identifying information and personal data collected during the sale are needed to process the order. Failure to provide this information will make it impossible for BONZINI to fulfil the order and will therefore automatically cancel the order.
The information collected will be kept strictly confidential, and BONZINI undertakes to use this data only as necessary to process the order.
Furthermore, BONZINI undertakes not to disclose this information and personal data to any third parties other than those tasked with order management and fulfilment.
Pursuant to the Data Privacy Act of 5 January 1978, the processing of identifying information collected on the website has been reported to the National Data Privacy Commission (CNIL).
The user has the right to access, correct and oppose the use of his personal data; this right may be exercised by contacting the BONZINI company by mail (24, rue Désiré Vienot, 93170 Bagnolet) or by email (via the contact form).
11 . FORCE MAJEURE
Neither party shall be held liable for full or partial failure to perform its obligations under the present contract if said failure to perform is due to a force majeure event.
Force majeure events are defined as events which meet the criteria set by the Court of Cassation; the party invoking a case of force majeure must notify the other party within five business days of the occurrence or risk of this event.
The parties agree that they will promptly work together to determine the best way of fulfilling the order during the force majeure event.
12 . PARTIAL NULLITY
If one or more provisions of these general terms and conditions of sale are found to be null and void or declared to be null and void pursuant to a law, regulation or definitive decision by a competent jurisdiction, the other provisions will remain in full force.
13 . APPLICABLE LAW – JURISDICTION
The present general terms and conditions of sale and the contractual relationship between BONZINI and the purchaser are subject to French law.
In the event of a dispute, only French courts shall have jurisdiction.
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1/ Legal guarantee of conformity and legal warranty against hidden defects
• Legal guarantee of conformity (extract of the consumer code)
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.
The seller is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or by installation if it assumed responsibility therefor or had it carried out under its responsibility.
To conform to the contract, the product must:
1. Be suitable for the purpose usually associated with such a product and, if applicable:
- correspond to the description given by the seller and have the features that the seller presented to the purchaser in the form of a sample or model;
- have the features that a purchaser might reasonably expect it to have considering the public statements made by the seller, the producer or its representative, including advertising and labelling;
2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the purchaser which was made known to the seller and which the latter agreed to.
The seller is not bound by the public statements of the producer or its representative if it is established that it was unaware of them and could not rightfully be expected to have been aware of them.
In the absence of proof to the contrary, any lack of conformity appearing within twenty-four months of delivery of the product is presumed to have existed at the time of delivery.
For products sold second-hand, this period is six months.
The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.
The purchaser is entitled to demand that the product conforms to the contract. He may nevertheless not contest its conformity by invoking a defect that he was aware of, or could not have been unaware of, when he entered into the contract. The same shall apply when the defect originates from materials he has supplied himself.
In the event of lack of conformity, the purchaser shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the purchaser's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. The seller is then required to proceed with the option not chosen by the purchaser, unless this proves impossible.
If neither repair nor replacement of the product is possible, the purchaser may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. The same option is allowed:
1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the purchaser making his claim;
2. Or if that solution cannot be implemented without major inconvenience for the purchaser given the nature of the product and its intended use.
The sale shall not be cancelled, however, if the lack of conformity is minor.
The provisions of L. 217-9 and L. 217-10 shall be applied at no cost to the purchaser. Those same provisions shall not impede the awarding of damages.
Action resulting from lack of conformity lapses two years after delivery of the product.
The provisions of the present section do not deprive the purchaser of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extracontractual nature to which he is entitled under the law.
An action for indemnity may be brought by the final seller against the successive sellers or intermediaries and the producer of tangible movable property, pursuant to the principles of the Civil Code.
• Legal warranty against hidden defects (extract of the civil code)
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the purchaser would not have bought it or would only have given a lesser price for it if he had known of the defects.
The seller is not liable for apparent defects which the purchaser could have discovered on his own.
Under Articles 1641 and 1643, the purchaser has the choice either to return the thing and to have the price returned to him or to keep the thing and have a part of the price returned to him.
If the seller was aware of the defects in the thing, he is bound not only to return the price he received but also to compensate all damages suffered by the purchaser.
If the seller did not know of the defects in the thing, he is bound only to return the price and to reimburse to the purchaser for the expenses occasioned by the sale.
If the thing that had defects has been destroyed through its poor quality, the loss is for the seller who is liable to the purchaser for the restitution of the price and other damages as explained in the two preceding Articles.
But the loss that occurred because of a fortuitous event is for the purchaser.
An action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for in Article 1642-1, the purchaser must bring the action, under pain of being barred, within the year following the date on which the seller can be discharged from apparent defects or lack of conformity.
2/ Right of withdrawal
• Extract of the Consumer Code:
The consumer has a period of fourteen clear calendar days in which to exercise his right of withdrawal from a distance contract, a contract following direct canvassing, or an off-premises contract, and is not required to provide any justification or bear any costs other than those provided for in articles L221-23 to L.221-25. The period mentioned in the first paragraph starts on the date of:
1. Execution of the contract for service provision contracts and those listed in article L. 221-4;
2. Receipt of the item by the consumer or a third-party other than the carrier designated by the purchaser, for contracts for the sale of goods. For off-premises contracts, the consumer may exercise his right of withdrawal from the execution of the contract.
In the case of an order for several items delivered separately, or of an order for an item made up of multiple lots or parts delivered at intervals over a predetermined period, the withdrawal period starts with receipt of the final item, lot or part.
For contracts which provide for the regular delivery of items during a predetermined period, the withdrawal period starts with receipt of the first item.
Pursuant to regulation No. 1182/71/ EEC of the Council of 3 June 1971, determining the rules applicable to periods, dates and time limits:
1. The date of execution of the contract or the date of reception of the item are excluded from the period mentioned in article L. 221-18;
2. The period starts at the beginning of the first hour of the first day and ends at the end of the final hour of the final day of the period;
3. If this period ends on a Saturday, Sunday or public holiday, it is extended to the next business day.
If the information on the right of withdrawal was not provided to the customer as stipulated by the provisions of paragraph 2 of article L.221-5, the withdrawal period is extended by twelve months from the end of the initial withdrawal period determined pursuant to article L.221-8.
However, if this information is provided during the extension period, the withdrawal period expires at the end of a fourteen-day period starting from the day when the consumer receives the information.
The consumer exercises his right of withdrawal by informing the professional of his decision to withdraw by sending the withdrawal form mentioned in paragraph 2 of article 221-5 or any other clear and unambiguous statement of his intent to withdraw from the contract before the end of the period defined by article L.221-18.
The professional may also allow the consumer to fill out and submit the form or statement provided for by the first paragraph online on its website. In this case, the professional must promptly send the customer an acknowledgement of receipt of the withdrawal in durable form.
The consumer bears the burden of proof for the exercise of his right to withdrawal pursuant to the provisions of article L. 221-21.
The consumer must return or restore the goods to the professional or a person designated by the latter without excessive delay and no more than fourteen days following notification of his decision to withdraw, pursuant to article L.221-21, unless the professional offers to recover the goods.
The consumer bears only the direct cost of returning the items, unless the professional agrees to bear said costs or failed to inform the consumer of his responsibility for those costs. However, in the case of off-premises contracts, if the goods were delivered to the consumer’s residence at the time of execution of the contract, the professional recovers the goods at its own expense if their nature is such that they cannot be sent by mail in the usual way.
The consumer can only be held liable for depreciation of the goods due to handling beyond that necessary to establish their nature, characteristics and proper operation, and only if the professional has duly informed the consumer of his right of withdrawal pursuant to paragraph 2 of article L.221-5.
When consumer’s right of withdrawal is exercised, the professional reimburses the consumer for all sums paid, including delivery costs, with no unjustified delay and no later than fourteen days following the date on which he is informed of the consumer’s decision to withdraw.
In the case of contracts for the sale of goods, unless the professional has offered to recover the goods, it may delay reimbursement until it has received the goods or the consumer has submitted proof of shipping of the goods; the earlier date will be used for calculation.
The professional returns the payment using the same method as the consumer used for the initial transaction, unless the consumer expressly agrees to accept another payment method, and insofar as the reimbursement does not generate expenses for the consumer.
The professional is not required to repay any additional costs if the customer expressly chose a more expensive delivery option than the standard option offered by the professional.
If the consumer wishes to have services provided or a contract listed in paragraph 1 of article L.221-4 take effect before the end of the withdrawal period mentioned in article L.221-18, the professional must obtain his express request in any form for distance contracts executed on paper or in a durable form for off-premises contracts. A consumer who has exercised his right of withdrawal from a service provision contract or a contract mentioned in paragraph 1 of article L.221-4 after implementation has begun at his express request, before the end of the withdrawal period, must pay the professional an amount corresponding to the service provided up to the time of notification of his decision to withdraw; this amount is proportional to the total contractually agreed service price. If the total price is excessive, the appropriate amount will be calculated based on the market value of what has been provided.
A consumer who has exercised his right of withdrawal does not owe the professional any payment if the professional did not collect his express request pursuant to the first paragraph, or if the professional failed to fulfil his legal obligation to inform the consumer pursuant to paragraph 4 or article L.221-5.
A consumer who has exercised his right of withdrawal from a contract for the provision of digital content not supplied on a physical device does not owe any payment if:
1. The professional failed to obtain his express prior consent for implementation of the contract prior to the end of the withdrawal period, as well as proof that he waived his withdrawal rights;
2. The contract does not include the wording required by paragraph 2 of articles L. 221-9 and L. 221-13.
Exercising the right of withdrawal terminates the parties’ obligations to implement the distance contract or off-premises contract, or to execute it if the consumer had made an offer.
Exercising the right of withdrawal from a principal remote or off-premises contract automatically terminates any dependent contract, at no cost to the consumer except the costs defined by articles L.221-23 to L.221-25.
The right of withdrawal cannot be exercised for contracts:
1. For the provision of services have been provided in full before the end of the withdrawal period, and provision of which began with the express prior agreement of the consumer and the express waiver of his right of withdrawal.
2. For the provision of goods or services whose price depends on financial market fluctuations which are outside of the professional’s control and which may occur during the withdrawal period;
3. For the provision of goods manufactured according to the customer’s specifications or which are clearly customized;
4. For the provision of highly perishable goods;
5. For the provision of goods unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or sanitation;
6. For the provision of goods which, after delivery and due to their nature, are indissociably mixed with other items;
7. For the provision of alcoholic beverages whose delivery is deferred by more than 30 days and whose value as agreed upon execution of the contract depends on market fluctuations outside the professional’s control;
8. For urgent maintenance or repairs performed at the consumer’s home and expressly requested by the consumer, limited to the spare parts and work strictly required to respond to the emergency;
9. For the provision of audio or video recordings or software if they were unsealed by the consumer after delivery;
10. For the provision of a newspaper, periodical or magazine, except in the case of subscription contracts;
11. Executed during a public auction;
12. For housing services other than residential housing, goods carriage services, car rentals, catering or leisure activities which must be provided on a specific date or for a specific period;
13. For the provision of digital content not provided on a physical support, provision of which began with the express prior agreement of the consumer and the express waiver of his right of withdrawal.
• Withdrawal form:
(Please complete and submit this form only if you wish to withdraw from the contract.)
To: BONZINI – 24, rue Désiré Vienot, 93170 Bagnolet. +33 (0)1 43 60 34 46
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the item (*) / for the provision of the services (*) listed below:
Ordered on (*) / received on (*):
Signature of the consumer(s) (only if submitted on paper):
(*) cross out the irrelevant wording