General conditions of sale
Last updated: February 24, 2023
These general conditions of sale concern the products of the company Maison BONAMI sold on the site: www.maison-bonami.com
They are established for any online sales operation between:
The company Maison BONAMIHereinafter referred to as the “Seller”,
Hereinafter referred to as the “Client”.
The Customer is understood to be any natural person, consumer acquiring one or more products for end use.
Maison BONAMI offers a specific service to professional buyers who want custom-made products, for which specific sales conditions apply. This service is offered after Maison BONAMI has accepted the professional buyer's request, which must be sent to contact(at)maison-bonami.com.
The T&Cs apply to all orders placed on the website www.maison-bonami.com .
By confirming his order, the Customer acknowledges having read these general conditions of sale and accepts them in their entirety without restriction or reservation.
The website www.maison-bonami.com reserves the right to modify these conditions. The applicable conditions are those in effect at the time the order is placed.
Article 1 - Purpose
The general conditions govern sales by Maison BONAMI, which carries out a retail activity of decorative objects.
Article 2 – Products
Maison BONAMI offers online sales of decorative products, from the “wallpapers” and “ posters ” categories.
Each product is presented under a unique reference. The products are illustrated by one or more photographs, a descriptive text, a technical sheet and a price in euros (€), expressed inclusive of all taxes (VAT included) including a VAT of 20%.
Each wallpaper is an original creation. Any reproduction, even partial, of its designs is prohibited.
The photographs are intended to be as faithful as possible to the products, but for technical reasons, the actual rendering of colors may vary slightly from one screen (computer, tablet, mobile, etc.) to another. Maison BONAMI cannot be held responsible for this.
SAMPLES:
The Customer has the option to order wallpaper samples .
Samples are sold at a unit price of €3 (three euros) including tax.
The wallpaper sample is a 21 x 29.7 cm print. Shipping is via standard postal mail.
The sample is not intended to be hung. It simply allows the customer to have a real rendering of the wallpaper, its pattern and its colors.
Samples cannot be exchanged or refunded.
Article 3 – Price
The prices of our products are indicated in euros, all taxes included (applicable VAT of 20%), unless otherwise indicated and excluding processing and shipping costs.
In the event of an order to a country other than mainland France, the Customer is the importer of the product(s) concerned. In addition to the shipping costs of the product(s), customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of Maison BONAMI. They will be borne by the Customer and are their sole responsibility, both in terms of declarations and payment to the competent authorities and organizations of the country. We advise the Customer to inquire about these aspects with the local authorities.
All orders, regardless of their origin, are payable in euros.
Maison BONAMI reserves the right to modify its prices at any time, but the product will be invoiced based on the price in effect at the time the order is validated and subject to availability.
The products remain the property of Maison BONAMI until full payment of the price.
Please note that as soon as the Customer takes physical possession of the products ordered, the risks of loss or damage to the products are transferred to them.
Article 4 – Order
All data provided and the recorded confirmation will constitute proof of the transaction. The Customer declares to have full knowledge of this.
Any order form signed with the validation click constitutes an irrevocable commitment from the Customer which can only be challenged in the cases strictly provided for in this contract in the articles “Right of withdrawal”, “Execution of the order” and “Legal guarantees”.
The "validation click" constitutes an electronic signature. This electronic signature has, between the parties, the same value as a handwritten signature. The order is only registered after checking the box accepting the general terms and conditions of sale and confirming the accuracy of the information provided. This order acceptance becomes final by clicking on the "Validate my payment" button.
The conclusion of the contract will only take place at the time of confirmation of the order by Maison BONAMI. The Customer will receive by email, at the email address he has indicated, an acknowledgment of receipt confirming the order with all the constituent elements of the contract (products ordered, price, delivery times, shipping costs, etc.). Maison BONAMI reserves the right not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 5 – Execution of the order
All data provided and the recorded confirmation will constitute proof of the transaction. The Customer declares to have full knowledge of this.
Any order form signed with the validation click constitutes an irrevocable commitment from the Customer which can only be challenged in the cases strictly provided for in this contract in the articles “Right of withdrawal”, “Execution of the order” and “Legal guarantees”.
The "validation click" constitutes an electronic signature. This electronic signature has, between the parties, the same value as a handwritten signature. The order is only registered after checking the box accepting the general terms and conditions of sale and confirming the accuracy of the information provided. This order acceptance becomes final by clicking on the "Validate my payment" button.
The conclusion of the contract will only take place at the time of confirmation of the order by Maison BONAMI. The Customer will receive by email, at the email address he has indicated, an acknowledgment of receipt confirming the order with all the constituent elements of the contract (products ordered, price, delivery times, shipping costs, etc.). Maison BONAMI reserves the right not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem, or in the event of difficulty concerning the order received.
Article 6 – Payment
By confirming an order, the Customer is obligated to pay the indicated price. Payment of this price is due upon ordering.
The website www.maison-bonami.com accepts the following payment methods:
- Secure payment by credit card : payments are made online using the Braintree secure payment platform with the 3D Secure option.
- Secure payment via PayPal : Payments are made online using the secure PayPal payment platform. Customers must have a PayPal account and complete the login details to complete their payment.
- Secure payment in installments with Alma:
Amount of purchases:
Only purchases between €50 and €2,000 are eligible for payment with Alma.
Costs :
No fees are applied to your payment in installments.
Alma is a telepayment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Termination:
Any termination of the General Terms and Conditions which bind the Seller and the customer, results in the termination of the General Terms and Conditions between Alma and the customer.
It is the Customer's responsibility to save and print their payment slip if they wish to keep the transaction details.
Article 7 – Delivery
The products are delivered to the delivery address indicated by the Customer during the order process, within the time frame indicated on the order confirmation page.
Maison BONAMI cannot be held responsible for an incorrect delivery address provided by the Customer. In this case, any request for reshipment to a new address will be made at the Customer's expense. After 3 months without a new address, the products may be put back on sale and the payment will be retained by Maison BONAMI.
In the event of a delay in shipping, an email will be sent to the Customer to inform them of any possible impact on the delivery time indicated to them.
In accordance with legal provisions, in the event of a delivery delay, the Customer has the option to cancel the order under the terms and conditions defined in Article L 216-2 of the Consumer Code. We will reimburse the Customer under the conditions of Article L 216-3 of the Consumer Code.
The delivery slip provided by the carrier, dated and signed by the Customer upon delivery of the product will constitute proof of transport and delivery.
Upon delivery, the Customer must check the contents, conformity and condition of the product(s).
Upon delivery, Maison BONAMI recommends that the Customer check the condition of the delivered products before signing the acknowledgment of receipt of the package. If the Customer notices any anomalies, they must refuse delivery of the products or issue handwritten, precise, and dated reservations.
Any claim relating to an apparent defect or damage during delivery of a product must, to be valid with respect to the carrier, be addressed within a maximum period of three (3) working days from receipt of the goods, by e-mail or letter addressed to Maison BONAMI.
Article 8 – Transfer of risks
The transfer of risks to the Customer occurs at the time of delivery of the product to the address provided by the Customer.
For shipments outside mainland France, the products travel at the Customer's risk. The same applies to shipments or returns of products carried out free of charge.
Article 9 – Withdrawal
In accordance with the provisions of Article L.221-18 of the Consumer Code, the Customer has a period of 14 days from receipt of their products to exercise their right of withdrawal without having to provide reasons or pay a penalty.
This period starts from the day the order is received.
The right of withdrawal may be exercised by the Customer by any unambiguous statement expressing their wish to withdraw. We invite the Customer to notify any return in advance by email to: contact(at)maison-bonami.com and/or to complete the standard withdrawal form available in the appendix to these general terms and conditions of sale.
Returns must be made in their original condition and complete (packaging, accessories, instructions). All returns are made by the Customer by the means of their choice, at their own risk. Any damage to the product in this process may invalidate the right of withdrawal.
Please note that once the paper is glued and/or cut, no claims can be made to Maison BONAMI.
Proof of the effective exercise of the right of withdrawal rests with the Customer.
The Customer must return the product without undue delay and at the latest within fourteen (14) days following communication of his decision to withdraw.
Return costs are the responsibility of the Customer except in the event of a proven defect or non-conformity of the product.
In the event of exercising the right of withdrawal, the Customer has the choice of requesting:
- or the reimbursement of the sums paid. In this case, Maison BONAMI will reimburse the sums paid, within 14 days following receipt of the returned product(s) and via the same means of payment as that used when ordering.
- or the exchange of the product. In this case, reshipment will be at the buyer's expense.
Reimbursement of initial shipping costs will, where applicable, be made on the basis of the cost of standard delivery.
Outside the legal deadline for exercising the right of withdrawal, the order cannot be refunded.
EXCEPTIONS TO THE RIGHT OF WITHDRAWAL:
In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to the consumer's specifications or clearly personalized.
For this purpose, the right of withdrawal cannot be applied to personalized items, made to measure at the request of the Customer.
Article 10 – Force majeure
In addition to those usually recognized by the jurisprudence of French courts and tribunals, wars, riots, insurrections, terrorist acts, social unrest, strikes of all kinds, and telecommunications blockages are expressly considered to be cases of force majeure.
The occurrence of a case of force majeure will initially suspend, automatically, the execution of the order.
If, beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
Article 11 – Legal guarantees
All our products benefit from legal guarantees of conformity and hidden defects under the following conditions:
The seller delivers goods that conform to 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, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code
The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
It is also possible to implement the guarantee against hidden defects in the thing sold within the meaning of the following articles of the civil code:
The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.'
Article 1648 of the Civil Code, first paragraph:
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
All complaints, requests for exchange or refund must be made by email to contact(at)maison-bonami.com
Shipping costs will be reimbursed to the Customer based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
The provisions of this Article do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 9.
Article 12 – Liability
The products offered comply with current French legislation. Maison BONAMI cannot be held liable for non-compliance with the legislation of the country where the product is delivered. It is the Customer's responsibility to check with local authorities regarding the import or use of the products or services they plan to order.
Furthermore, Maison BONAMI cannot be held responsible for damages resulting from improper use of the product purchased or from improper use.
Finally, Maison BONAMI cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a breakdown in service, external intrusion or the presence of computer viruses.
Article 13 – Intellectual property
All elements of the website www.maison-bonami.com are and remain the intellectual and exclusive property of Maison BONAMI. No one is authorized to reproduce, exploit, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio. Any simple or hypertext link is strictly prohibited without the express written consent of Maison BONAMI.
Article 14 – Personal data
Maison BONAMI reserves the right to collect personal information and data about the Customer. This information is necessary for managing the Customer's orders, as well as improving the services and information we provide to them.
The information collected is intended for Maison BONAMI and may be transmitted to third-party companies responsible for carrying out subcontracted tasks necessary for the management of the Customer's account, orders and payments.
This information and data is also retained for security purposes, in order to comply with legal and regulatory obligations.
In accordance with the law of January 6, 1978, the Client has a right of access, rectification, and deletion, which he can exercise by contacting: Maison BONAMI, 21 rue Sainte Apolline - 75002 Paris, or by email at contact(at)maison-bonami.com
Article 15 – Archiving Evidence
Maison BONAMI will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of Article 1348 of the Civil Code.
Article 16 – Applicable law in the event of disputes
The language of this contract is French. These conditions of sale are subject to French law.
In the event of any difficulty arising during the ordering or delivery of the products, both parties will seek an amicable solution. In the event of failure, the Customer will have the option, before any legal action, to contact the MEDICYS mediation service https://medicys-consommation.fr/pro/ or to seek assistance from a consumer association or any other advisor of their choice.
In the event of a dispute, the French courts will have sole jurisdiction.