TERMS OF USE
The FABIO BOUGIES site is the property of the SASU Fabio BOUGIES with a capital of 1200 euros, whose registered office is 29 rue Charles Biehler 68500 Guebwiller, France registered with the RCS of Colmar under number 889 860 383. (hereinafter Fabio Bougies.)
FABIO BOUGIES can be contacted at the following address:
FABIO CANDLES
29 rue Charles Biehler
68500 Guebwiller
Telephone: 06.20.26.28.03
Website “contact us” page
Email: contact@fabiobougies.fr
Intra-community VAT: FR26889860383
ARTICLE 1 – FIELDS OF APPLICATION
These general conditions of sale and use (hereinafter "GC") apply, without restriction or reservation to all sales concluded between Fabio Bougies and any customer defined as a consumer and/or non-professional within the meaning of the preliminary article of the Consumer Code (hereinafter referred to as "the Customer"), via the merchant site fabiobougies.fr (hereinafter the "Site"), for the sale of artisanal scented candles and accessories (hereinafter after “Products”).
The characteristics of the Products and in particular the composition, specifications, indications of dimensions, duration of use are presented on the Site. The Customer is required to read it before placing an order. The photographs and graphics presented on the Site are not contractual and the Customer is required to refer to the description of each Product in order to know its essential properties and particularities.
Each purchase by a Customer on the Site is governed by these T&Cs applicable on the date of the order. The Customer accepts them without reservation, after having read them. Any placing of an order by the Customer implies acceptance of the T&Cs and the fact of having full knowledge of them. The invalidity of a clause of these T&Cs does not in any way invalidate the other clauses.
Fabio Bougies may be required to modify and/or develop these T&Cs. In the event of modification, the T&Cs applicable to the Customer's order are those in force and accessible on the Site on the day the order is placed.
The GTC prevail over any conditions not expressly accepted by the Parties jointly.
These GTC apply to any order intended for personal use only to the exclusion of all other conditions applicable for sales in stores or other marketing/distribution channels. Any professional wishing to place an order in a commercial context must enter into a separate agreement, not subject to these T&Cs.
The Customer acknowledges having the required capacity, namely being of legal age and capable of contracting to contract and acquire the Products offered on the Site.
ARTICLE 2 – ORDERS
(1) The Customer who wishes to place an order, connects and follows the steps indicated on the Site for placing an order, namely:
• choose the Product(s) from those offered for sale on the Site (Product offers are valid as long as they are visible on the Site within the limits of available stocks),
• fill his basket according to the choices made and according to the instructions requested online,
• complete a form made available to him where he will include the information necessary for his identification (surname, first name, e-mail address, postal address and delivery address, telephone),
• confirm their overall order in view of the summary displayed on the screen of the order and the All-Inclusive Price which includes the cumulative amount of the Products ordered including tax as well as the additional costs indicated (such as delivery costs),
(2) The order will be definitively validated, by accepting these T&Cs by ticking the box provided for this purpose.
From this moment, once the order has been validated and paid for, a confirmation email, acknowledging receipt of the order and containing all of this information will then be sent to the Customer as soon as possible. The order is recorded and the order number is communicated to the Customer. The sale will be considered final after sending the Customer this confirmation email summarizing the order placed. .
Any order placed on the Site constitutes the formation of a contract concluded at a distance between the Customer and FABIO BOUGIES
All the data provided and the recorded confirmation will constitute proof of the transaction. The Customer must therefore provide a valid email address when entering the fields corresponding to his identity to receive confirmation of his order.
ARTICLE 3 –PRE-CONTRACTUAL INFORMATION & CHARACTERISTICS OF THE PRODUCTS OFFERED
In accordance with the requirements of articles L.111-1 and following of the Consumer Code, FABIO BOUGIES provides the Customer, before the conclusion of any order, the following information which appears on the descriptive sheet of each Product (present on the Site) and/or in these GTC:
• the essential characteristics of the Products sold by FABIO BOUGIES and ordered by the Customer,
• the price of the Products for sale,
• the deadline for delivery of orders,
• information relating to the identity and contact details of FABIO BOUGIE (indicated in these T&Cs and on the Site in the information tab),
• the existence and terms of exercise of the legal guarantees applicable to the Products ordered by the Customer and sold by FABIO BOUGIES as indicated in these T&Cs.
ARTICLE 4 – PRICE
The prices of the Products are indicated on the fabiobougies.fr website in EUROS and all taxes included (TTC), excluding shipping costs.
These prices are firm and non-revisable during their period of validity corresponding to that indicated on the Site. FABIO BOUGIES reserves the right to modify its prices at any time, it being understood, however, that the price announced on the Site, on the day of the order, will be the only one applicable to the Customer.
They do not include shipping, transport and delivery costs which are invoiced in addition under the conditions indicated on the Site and calculated prior to placing the order.
Where applicable, for any order made from abroad and/or shipped abroad, the Customer assumes the status of importer of the Products ordered. Customs or import duties may be required. These rights do not come under the responsibility of FABIO BOUGIES
The payment requested from the Customer corresponds to the total amount of the purchase including these costs. An invoice is sent by email to the Customer upon delivery of the Products ordered and available on the Site via the Customer's customer area.
The Products ordered remain the property of FABIO BOUGIES until full payment of the price.
ARTICLE 5 – TERMS OF PAYMENT
The price of the Products ordered is payable in full on the day the Customer places the order by means of secure payment according to the following terms
• By Paypal
• By credit card (Visa, Mastercard, American Express...).
• By transfer
Payments made by the Customer will be considered final after effective collection by FABIO BOUGIES of the sums due.
In accordance with article L.132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Customer authorizes FABIO BOUGIES to debit his bank card for the amount corresponding to the total price of the order.
In the event that payment of the price is impossible, the online sale will immediately be automatically resolved and the order will be cancelled.
In the event of payment by credit card on the Site, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Customer and the issuer of the card and between FABIO BOUGIES and its banking establishment apply. The Customer guarantees FABIO BOUGIES that he has the necessary authorizations to use the method of payment by credit card, when validating the order. Credit card data is neither held nor stored by the Site during payment. The validation of the order by means of the credit card number and the expiry date is equivalent to a mandate to pay the price appearing on the order (taxes and additional costs included) that the payment server transmits to the Customer's credit institution.
ARTICLE 6 – DELIVERY & RISK TRANSFER
6.1. Delivery terms
The Products ordered are delivered to the address and within the deadlines indicated in the order summary according to the information indicated by the Customer. This email mentions the deadline for delivery of orders by the Customer.
The Customer can choose from the following three types of delivery. The choice results in a variation of delivery times as follows:
• “Standard” delivery to the Customer's home, to the address provided when placing the order: no later than 8 working days;
• “Express” delivery to the Customer's home, to the address provided when placing the order: no later than 2 working days;
• Delivery to relay points (among the list of relay points offered on the Site): 8 working days.
These deadlines are in working days, excluding postal delivery problems and run from the date the order is placed (order confirmation email).
The aforementioned period may be extended in the event of modification of the order by mutual agreement between the Parties.
Except in special cases or unavailability of a Product, the Products ordered will be delivered in one go.
When the Customer orders several Products at the same time and these give rise to different delivery times, the delivery time of the order is applied to the longest.
In the event of late delivery, the Customer may denounce the contract via his customer space on the Site in the “my orders” section or by recorded delivery or by writing to the following email addresses:
After having taken care to enjoin FABIO BOUGIES beforehand to deliver the Product within a reasonable additional period. The contract will be considered resolved upon receipt of mail by FABIO BOUGIES in the event of refusal to execute unless the order is executed in the meantime.
In the event that the order is definitively cancelled, the Customer will obtain a refund of the price paid for the order, no later than fourteen (14) days following the cancellation of the order by the Customer.
6.2. Transfer of risk
The Customer is required to check the condition of the Products delivered. He has a period of 3 days from delivery to formulate by post/email any reservations or complaints for non-conformity or apparent defect of the Products delivered (for example damaged or opened package) with all the supporting documents relating thereto (possible photographs). After this period and failing to comply with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no complaint can be validly accepted by FABIO BOUGIES
FABIO BOUGIES will reimburse or replace as soon as possible and at its expense the Products delivered whose lack of conformity or visible or hidden defects have been duly proven by the Customer under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these CG.
The risks relating to the Products are transferred to the Customer when the latter or a third party designated by him takes physical possession of the goods (article L.216-4 of the Consumer Code) unless he has designated a carrier other than that proposed by the professional, in which case the transfer takes place upon delivery to the carrier (L.216-5 of the Consumer Code).
Delivery in France is provided by the companies:
• Delivery to relay points: Mondial Relay
• Standard delivery: Colissimo
Delivery abroad is provided by the companies:
• Standard delivery: Mondial Relay
• Standard delivery: Colissimo
The Products are delivered in mainland France, Corsica and French-speaking countries.
ARTICLE 7 – AVAILABILITY
The offers and prices appearing on the Site are valid as long as they are visible and available on the Site. A Product that has become unavailable is indicated as sold out. In which case, the Customer is then informed before the payment of his order.
In the event of unavailability or proven post-order performance difficulties, FABIO BOUGIES notifies the Customer by email or telephone as soon as possible using the contact details provided in the customer account. FABIO BOUGIES will then communicate the delivery deadlines and the Customer may accept the new deadlines or cancel his order. The refund of an order is made by the same way as the initial payment.
ARTICLE 8 – LEGAL GUARANTEES OF CONFORMITY AND HIDDEN DEFECTS:
All Products are guaranteed under:
• the guarantee of conformity provided for in articles L.217-4 and following of the Consumer Code and
• the guarantee against hidden defects provided for in articles 1641 and following of the civil code
Under the legal guarantee of conformity, FABIO BOUGIES guarantees the conformity of the Products, as defined by the definition given in article L.217-5 of the Consumer Code.
The defects of conformity which appear within twenty-four (24) months from the delivery of the Product are presumed to exist at the time of delivery unless proven otherwise.
The Customer has a period of two (2) years from delivery to act.
The Customer may choose between repairing or replacing the Products, subject to the cost conditions provided for in article L.217-9 of the Consumer Code.
The legal guarantee of conformity applies independently of the commercial guarantee that may possibly cover the Product.
Under the legal guarantee against hidden defects, FABIO BOUGIES guarantees the hidden defects of the Product sold which render it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
The Customer has a period of two (2) years to act from the discovery of the defect.
The Customer can choose between the resolution of the sale or a reduction of the price in accordance with article 1644 of the Civil Code.
Under the conditions and according to the procedures set out in the boxes below.
In order to assert his rights, the Customer must inform FABIO BOUGIES in writing of the non-conformity and/or defects affecting the Products within the deadlines referred to above and return to FABIO BOUGIES the defective Products in the state in which they were received with all the elements. FABIO BOUGIES will refund, replace or have repaired the Products under warranty deemed non-compliant or defective under the aforementioned conditions.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible, and at the latest within fifteen (15) days following FABIO BOUGIES's finding of the lack of conformity or the hidden defect.
The warranty of FABIO BOUGIES is, in any event, limited to the replacement or reimbursement of non-compliant Products or affected by a defect.
Article 1641 of the Civil Code:
The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known of them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article L. 217-4 of the Consumer Code:
The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code:
The commercial guarantee means any contractual commitment of a professional towards the consumer for the reimbursement of the purchase price, the replacement or the repair of the good or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.
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.
FABIO BOUGIES cannot be held liable for defects, omissions or damage resulting from errors in documents or information provided by the Customer.
The repair, replacement or modifications carried out during the legal warranty period cannot have the effect of extending the duration of a warranty.
ARTICLE 9 – RESPONSIBILITY
10.1. Responsibility of FABIO BOUGIES:
The responsibility of FABIO BOUGIES cannot be engaged in the event of non-execution or poor execution of the order due either to the Customer's fault, or to an insurmountable and unforeseeable event by a third party, or to an event of force majeure.
The Products offered comply with the French legislation in force. FABIO BOUGIES cannot be held liable in the event of non-compliance with the legislation of the country where the Product ordered is delivered. It is up to the Customer to check with the local authorities before ordering.
Furthermore, FABIO BOUGIES cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product or accident.
10.2. Customer Responsibility – Behaviors:
The Customer undertakes to use the services of the Site as well as all the information to which he may have access only for personal reasons and for a purpose consistent with public order, morality and the rights of third parties.
The Customer undertakes not to disturb the use that other users of the Site may make.
The Customer agrees not to commit any act that may jeopardize the computer security of FABIO BOUGIES or other users.
In general, the Customer is prohibited in particular:
• to infringe the rights and image of FABIO BOUGIES, in particular its intellectual property rights,
• to use the Site and/or the Products to transmit any content which would be contrary to law and/or public order, or, more generally, contrary to the purposes of the Products.
• to provide incorrect, incomplete and/or misleading information when registering on the Site or when using the Site,
• to violate or fail to fulfill its obligations under these T&Cs,
• to make payment outside of any case provided for herein.
ARTICLE 10 – INTELLECTUAL PROPERTY
The content of the Site is the property of FABIO BOUGIES. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement period.
All the intellectual property rights as well as the know-how belonging to FABIO BOUGIES and incorporated in the Products and/or the documents produced and provided to the Customer are and remain the exclusive property of FABIO BOUGIES.
All texts, comments, illustrations and images reproduced on the fabiobougies.fr Site are the exclusive property. FABIO BOUGIES "FABIO BOUGIES" is a trademark, the Site and the domain name "fabiobougies.fr" belong to FABIO BOUGIES.
The Customer is, and remains, responsible for all content, data, documents or information of any kind that it offers, uses and/or implements on the FABIO BOUGIES website.
ARTICLE 11 – PERSONAL DATA
In application of law 78-17 of January 6, 1978 amended by law n ° 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to potential partners of FABIO BOUGIES responsible for the execution, processing, management and payment of orders. The processing of information communicated via the Site meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data. The personal data collected on this Site are in particular the following:
• Account opening: when creating the Customer account, his surname, first name, e-mail address and date of birth;
• Connection: When the Customer connects to the Site, it records, in particular his surname, first name, connection data, use, location
• Payment: as part of the payment for Products offered by FABIO BOUGIES, recording of financial data relating to the Customer's bank account or credit card.
The information that the Customer communicates to FABIO BOUGIES being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts, the verification and identification of the Customer, their absence may result in the cancellation of the Customer's order.
The Customer undertakes to provide FABIO BOUGIES with sincere and true information concerning him. Communicating false information is contrary to these T&Cs.
FABIO BOUGIES is authorized to collect, process and use information concerning the Customer. These data are subject to computer processing and are kept by FABIO BOUGIES for a period that does not exceed the period necessary for the purposes for which they are collected and processed.
The Customer has a permanent right of access, rectification and opposition to all data concerning him, in accordance with European texts and national laws in force according to the methods indicated on the Site under the tab "Privacy policy - data management". The Customer may at any time make a request to FABIO BOUGIES to find out what information FABIO BOUGIES has on the Customer. The latter may at any time and on request modify this data at the following address info@paradisbougies.com.
If the Customer has accepted it when placing his order, promotional emails offering him new products, promotions, etc. will be sent to him. The Customer may request to no longer receive emails from FABIO BOUGIES at any time by clicking on the link provided for this purpose available on each of the promotional emails sent or via his customer area.
FABIO BOUGIES is the sole holder of information concerning the Customer. If the Customer has accepted it when placing his order, FABIO BOUGIES may send him information within the framework of specific and specific promotional operations.
ARTICLE 12 – DISPUTES AND APPLICABLE RIGHTS
The law applicable to this contract is French law.
In the event of a dispute, the French courts will have sole jurisdiction. In the event of a difficulty or complaint when placing an order, the customer can contact Customer Service to find an amicable solution. Fabio Bougies is accessible at the email address contact@fabiobougies.fr
ARTICLE 13 – COMMUNICATION - ARCHIVING AND PROOF
The Customer acknowledges having had communication prior to placing his order in a readable and understandable manner of all the information listed in Article L 221-5 of the Consumer Code
FABIO BOUGIES will archive order forms and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 1348 of the Civil Code. The computerized registers of FABIO BOUGIES will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
ARTICLE 14: RIGHT OF WITHDRAWAL
The consumer has a period of 14 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day.
Any return can be reported in advance to Fabio Bougies Customer Service in order to be better taken into account: in priority by telephone at 06.20.26.28.03 from Monday to Friday from 8 a.m. to 6 p.m., or by email contact@fabiobougies.com. The product must be returned in careful packaging to protect its contents to Fabio Bougies – 21 rue des Blés – 68500 Guebwiller.
Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of return costs.
In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the reimbursement of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer. In the event of exercise of the right of withdrawal, the company Fabio Bougies will make every effort to reimburse the consumer within 14 days. The consumer will then be reimbursed by bank transfer or check.
Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on fabiobougies.fr except exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.
Fabio Candles
21 wheat street
68500 Guebwiller
(RCS Colmar 889860383)
Order of….
Order number: …………………………………………………..
Client name : …………………………………………………………………
Customer's address: ………………………………..
Signature of the Customer (only in the event of notification of this form on paper):
ARTICLE 15: Mediation
Mediation
In accordance with Article L. 612-1 of the Consumer Code, within one year of their written complaint, the consumer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for amicable resolution by means of mediation, with
SAS Mediation Solution
222 chemin de la bergerie 01800 Saint Jean de Niost