The general conditions of sale detailed below (hereinafter called the «General Conditions»), govern to the exclusion of all other terms the contractual relations between any user of the www.13bonaparte.com website (hereinafter called a «User», «Customer» or «You») and the merchant 13bonaparte.com, belonging to 13 BONAPARTE (13 B SAS), whose registered office is situated at 2 bis rue de Normandie 75003 Paris, France ; entry No. 528 395 437 in the Paris Trade and Corporate Register (hereinafter called «13 B SAS»). These general conditions of sale shall be solely applicable, and they supersede all other conditions, except as otherwise exceptionally provided beforehand, expressly and in writing. 13 BONAPARTE may need to amend without notice certain provisions of its general conditions, and accordingly, these conditions must be re-read beforehand whenever placing an order on the www.13bonaparte.com website (hereinafter called the «Website»). Such amendments shall be binding upon their being put on-line and shall not apply to contracts concluded previously. Each purchase at the Website is governed by the general conditions applicable at the date of the order. By accessing the Website, you undertake to abide by these General Conditions and by the Conditions of Use herein.
13 BONAPARTE uses the Website to offer for sale textile products and accessories manufactured by and/or for 13 BONAPARTE or its commercial partners if any (hereinafter called the «Products») to Users browsing the www.13bonaparte.com Website. It is hereby stated that the purchase of Products on the website is reserved to non- trade natural persons aged 18 years or over and enjoying full legal capacity. The Website does not allow the purchase of products for resale. In this respect, the User’s attention is especially drawn to the fact that his/her orders must not exceed twenty (20) products per order. we may also, at our discretion, reject any order that is ab- normal in character. Any order of a Product offered for sale on the Website implies the User’s full and unreserved acceptance of these General Conditions of Sale.
PLACING AN ORDER
To place your order, we make the following facilities available to you :
- on the Internet at our Website : www.13bonaparte.com 24 hours a day, 7 days a week
- via 13 BONAPARTE customer care : + 33 1 42 71 83 15 Monday to Friday, 11 a.m. to 7 p.m.
The ordering process takes place in three (3) consecutive stages. Once you have specified your Products (choosing size, colour scheme and quantity), and submitted your order, you must perform the following :
- Create your account or identify you if your account already exists.
- Accept the general conditions of sale by ticking the box for this purpose on the page summarising your order (entitled «Summary»).
- Choose your payment method.
Once you have chosen your payment method, you must make the payment for your order, thereby rendering firm and final the sale contract binding you to 13 BONAPARTE.
Any creation of account activates automatically a subscription to the 13 BONAPARTE information e-mail.
To unsubscribe, from your 13 BONAPARTE account, click «newsletter» and select the appropriate choice.
13 BONAPARTE takes the utmost care in placing information on-line concerning the basic characteristics of the Products, particularly using detailed data sheets and numerous photographs illustrating the Products, in compliance with the highest market standards. Only Products appearing on the Website at the date of the Customer’s order are offered for sale. The product and price offers shall be valid, subject to availability of stock, for as long as they appear on the website. The Value Added Tax is the tax applicable on French territory. The prices charged are those displayed on the Website at the time of ordering. The User shall be reminded of the fixed sum charged as a contribution to delivery costs, which shall be charged to him/her at the end of the order on the order summary page, in addition to the price of the products selected.
We shall honour your order subject to availability in our stock. In the event that you maintain your order, with partial delivery, you will be debited only for the amount of the products delivered as and when they become available.
DELIVERY TERMS AND METHODS
We deliver to all countries worldwide.
Our orders for shipment are inclusive of VAT charged at the rate of Value Added Tax applicable on French territory.
Your order will be delivered to you at the address you indicated to us when placing your order. Where the product is available from stock, the estimated delivery date is determined by adding the following two (2) items :
1. the dispatch time (48 hours) reckoning from the ordinary working day fol- lowing receipt of the order: reliability checking of the information you input, reckoning from the registration of your payment + preparation of your order + collection of the parcel by the carrier.
2. the time taken by the carrier to deliver your parcel.
The final delivery date for your order will be communicated to you on the website in your Order Summary. An order placed on a Saturday, Sunday or public holiday will be confirmed and processed on the next ordinary working day thereafter.
13 BONAPARTE delivers by Colissimo (France, Europe), FEDEX or UPS ( outside Europe)
- within 2-5 ordinary working days for France & Europe.
- within 2-7 ordinary working days for destinations outside the Europe, including United States, Canada, Asia & rest of the world.
Your signature will be requested at delivery. In the event of absence, a failed delivery notice is posted in your letterbox, enabling you to collect your parcel at Colissimo, FEDEX or UPS. Parcels are held available for collection within seven (7) calendar days. A standard charge is made for shipping costs, according to destination.
13 BONAPARTE shall use its best efforts to adhere to the delivery times stated at the time of registering your order. On receipt of his/her order, the User shall check the conformity of the Products received in execution of that order. Any anomaly affecting the delivery (namely: Products missing or damaged, damaged parcels) must first, without fail, be indicated on the delivery note, in the form of handwritten, signed reservations to Colissimo, FEDEX or UPS.
Following this, any anomaly must be reported to 13 BONAPARTE customer care as soon as possible after receipt of the Products :
- writing by ordinary post to 13 BONAPARTE, service clients V.P.C., 2 bis rue de Normandie 75003 Paris, France.
- by e-mail: firstname.lastname@example.org
- by telephone + 33 1 42 71 83 15 Monday to Friday, 11 a.m. to 7 p.m.
13 BONAPARTE reserves the right to request the User to return to it the non-conforming or damaged Product.
In the event of abnormal or unreasonable returns, 13 BONAPARTE may refuse to honour any future order.
13 BONAPARTE makes the following payment methods available to you :
- payment by bank card (Carte Bleue, Visa or MasterCard)
- payment by American Express card
The amount of your order is debited when the order is confirmed, provided authorisation to debit your account has first been received from the relevant payment centres, otherwise your order cannot be registered. The bank’s authorisation server is secured by S.S.L. (Secure Socket Layer) encryption to provide optimum protection for all means-of-payment data, and at no time is any User banking data routed through 13 BONAPARTE ‘s computer system.
Under our commitment to payment security, we wish to inform you that 13 BONAPARTE performs a reliability check on the information entered when registering an order. This step is an integral part of our determination to curb Internet payment fraud and thus protect all consumers.
Accordingly, 13 BONAPARTE customer care may require you in certain cases to furnish additional information (e.g. a copy of an identity document, proof of address) to enable us to confirm your purchase and dispatch your parcel. In this case, to assure shipment of your order within the scheduled time, we advise you to indicate a fixed- line telephone number where you can be easily contacted, and to confirm to us the information entered or send us the documents requested within the day.
RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from the date of receipt to exercise his right of withdrawal from 13 BONAPARTE, without having to justify reasons or pay a penalty, to condition that the Pro- duct(s) are returned to their original state of origin, worn or washed within fourteen (14) days after the communication of the decision to retract.
Damaged, soiled or incomplete products will not be taken back.
The Product(s) must be returned in their original packaging to the following address :
2 bis rue de Normandie
The right of withdrawal can be exercised by contacting customer service :
- By email at email@example.com
- By phone on +33 (0) 1 42 71 83 15 Monday to Friday from 11h to 19h
The Product(s) must be accompanied by the retractation slip downloadable here.
The Product(s) must also be accompanied by the return slip sent in the package with your order.
The Product(s) must be accompanied by the return slip sent in the package with your order.
The expenses of return of the parcel are taken over by 13 BONAPARTE. From the internal validation of the return request, customer service 13 BONAPARTE will send to the User a return label to print and stick on the parcel to deposit in a post office or in a Colissimo, Fedex or UPS relay. If the above conditions are fulfilled, 13 BONAPARTE will reimburse the User for the order, including delivery charges, on the day of receipt of the returned Products.
DURING SALE AND PRIVATE SALE
All pieces on sale are final.
In-store exchanges :
Since the stores and the mail-order network operate independently, a product that has been purchased in one network cannot be returned or exchanged via the other network.
All our products benefit from legal guarantee, provided that the use was normal and that the care instructions were followed.
Article L217-4 of the Consumer Code :
The seller delivers a good that complies with the contract and responds to the lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code :
The property conforms to the contract :
1. If it corresponds to the description given by the seller and possesses the qualities that he or she has presented to the buyer in the form of a sample or a model ; it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or his or her representative, including advertising or labeling ;
2. If it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-12 of the Consumer Code :
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code :
The seller is bound by the guarantee by the reason of the hidden defects of the thing sold which render it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not have given a lower price, had he known them.
Article 1648 Paragraph 1 of the Civil Code :
The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect.
PERSONAL PRIVACY AND COMPUTERISED DATA
13 BONAPARTE processes personal data for purposes of customer relations and market canvassing. Pursuant to the French Data Protection Act (Loi Informatique et Libertés) of 6 January 1978, as amended by the Act of 6 August 2004, the Customer has a right to access, rectify and require removal of any data concerning him/her. To exercise that right, the Customer should write to the following address :
2 bis rue de Normandie 75003 Paris
The Customer retains the option of disabling cookies using a setting on his/her Internet browser. By doing so, the Customer loses the potential to personalise the service provided by 13 BONAPARTE via the Website.
Some pages on the Website may contain web beacons used to count the number of visitors to the Website and/or to supply a number of indicators to 13 BONAPARTE. These Web Beacons may be used with some of our partners, particularly for the pur- pose of gauging and improving the Website’s effectiveness. In any event, the information obtained using these Beacons is not in any way personally identifying and is used merely to gather site-visit statistics for certain pages of the Website, for the purpose of better serving its visitors.
13 BONAPARTE shall not be liable for non-performance of all or part of its obligations hereunder if such non-performance is caused by an event constituting force majeure, particularly in the event of flood, fire, disruption of or all-out or partial strike in, among others, the postal services and means of transport and/or communication.
13 BONAPARTE shall notify the User of any event constituting force majeure within five (5) working days of its occurrence. The Parties hereby agree to consult as soon as possible in order to determine the ways and means for processing the order during the time for which the case of force majeure remains in being. Beyond one (1) month of interruption by reason of force majeure, the Parties hereto shall be freed from their obligations to each other. Where applicable, 13 BONAPARTE shall refund the Purchaser as soon as possible.
ENTIRETY OF CONTRACT
These general conditions of sale and the order summary transmitted to the User form a contractual whole embodying the entirety of the agreements made between the parties.
APPLICABLE LAW - COMPETENT JURIDICTIONS
These general conditions of sale and the contractual relations between 13 BONAPARTE and the User shall be governed by French law. In the event of any dispute, the French courts of law shall have sole jurisdiction. Nevertheless, 13 BONAPARTE undertakes to seek an amicable solution before any legal action.
In the event of litigation, 13 BONAPARTE offers the client an effective recourse to a consumer mediation mechanism through the following external mediator:
VIVONS MIEUX ENSEMBLE
465 avenue de la Libération
The entire content of the 13 BONAPARTE Website (illustrations, texts, wordings and labels, trademarks, images and videos) is the property of 13 BONAPARTE any reproduction or all or part of the content by any process and on any medium whatsoever requires the prior and express permission of 13 BONAPARTE.
13 BONAPARTE is not authorised to give you permission to copy, display or distribute any content for which you do not possess the intellectual-property rights. Any use of such content in fraud of the rights held in it by third parties constitutes the offence of infringement, incurring severe penalties under the French Intellectual Property Code.
13 BONAPARTE disclaims all liability for a user’s infringement of rights held by third parties where such infringement is committed by virtue of such user’s activity on the Website.