General Terms and Conditions of Sale: EU
ARTICLE 1 – GENERAL PROVISIONS
1-1 – Scope
These General Terms and Conditions of Sale unreservedly apply without restriction to all sales made by BONTON, a Simplified Joint Stock Company with a registered capital of 437,800 euros,having its registered office at 15 rue Saint-Benoît 75006 Paris, registered in the Trade & Company Register (RCS) of Paris under the number 428 565 782 to end consumers wishing to acquire the products marketed on the bonton.fr website exclusively for their own personal requirements and with no direct or indirect link to any intermediary’s business or any commercial or resale activity (hereafter referred to as the “Customer”).
The Customer acknowledges that he acts in his capacity as a consumer and has no intention of reselling the BONTON products for commercial purposes.
The Customer also confirms that he possesses the necessary legal capacity to contractually enter into the commitments mentioned in these terms and conditions, and that he is aged at least 16 years old.
Among other things, these General Terms and Conditions of Sale via the Internet specify BONTON’S ordering and payment terms for the following websites:
United Kingdom: www.bonton.fr/en_gb
Other countries of the European Union (euro zone): www.bonton.fr/en
An international partner, an agent named Global-e, has been appointed to facilitate the fulfilment of the orders for the international markets outside the European Union/euro zone (with the exception of the United Kingdom, Belgium and Spain) via the website Bonton www.bonton.fr/en. It is Global-e that receives the orders, processes the payments and organises returns via their approved carriers. All orders for the above-mentioned markets are subject to Global-e’s General Terms and Conditions of Sale.
The company, Global-e France, a simplified joint-stock company, is registered in the Trade & Company Register of Paris, under the number 818 358 459 and its registered office address is 320 rue Saint Honoré – 75001 Paris – France (hereafter referred to as “Global-e”).
Please use the following links to consult Global-e’s terms and conditions:
Global-e’s General Terms and Conditions of Sale
Data Protection Policy
Global-e will be responsible for the following activities: Displaying the prices in the Customer’s local currency; Selling products marketed by Bonton on its websites: www.bonton.fr/en Orders returned by Customers. The Customer may also obtain additional information concerning the above-mentioned activities at the following address: service@Global-e.com.
1-2 – Acceptance of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale shall apply to the exclusion of any other terms and conditions, including those applicable to other distribution and marketing channels.
These General Terms and Conditions of Sale may be consulted at any time on the bonton.fr website and where applicable will take precedence over any other version or any other contradictory document.
The Customer hereby declares that he has familiarised himself with these General Terms and Conditions of Sale and has accepted them before finalising his order. When the Customer confirms his order, this constitutes acceptance of these General Terms and Conditions of Sale without restriction or limitation.
These General Terms and Conditions of Sale may be subsequently modified, with the version applying to the Customer’s purchase being that in force on the website on the date the order is placed. Modifications to these General Terms and Conditions of Sale will apply to users of the bonton.fr website from the moment they are published online and cannot be applied to earlier transactions.
Unless proof to the contrary is provided, the data recorded in BONTON’s IT system constitutes proof of all transactions concluded with the Customer.
Pursuant to the French “Informatique et Libertés” law of 6 January 1978 (the French data protection act) reinforced and extended by the GDPR (general data protection regulation), which took effect on 25 May 2018, at all times the Customer has a right to access, rectify, oppose and delete all of his personal data, in addition to a right to data portability, which he may exercise by writing to the following address by post, providing proof of his identity:
Bonton - Service digital
5 rue Saint Benoît
75006 Paris France
The Customer acknowledges that he has the necessary capacity to enter into a contractual relationship and to acquire the items proposed on the BONTON website. In the case of an order for shipment to a country other than metropolitan France, the Customer is considered to be the importer of the item(s) concerned.
ARTICLE 2 – INFORMATION CONCERNING THE BONTON ITEMS FEATURED ON OR SOLD VIA THE WEBSITE
The items proposed for sale on the bonton.fr website are textile products and accessories for babies, children and women, in addition to household products (decoration, household linen, furniture) and lifestyle products (toys, cosmetics, etc.). The main characteristics of the items and in particular the specifications, illustrations and descriptions of sizes or materials are shown on the website www.bonton.fr.
*Sale: offer available on a selection of items from January 12 to February 8 on bonton.fr and in store.
Additional discounts for 2nd markdown: offer available from January 19 starting at 8am. Enjoy an extra 10% off from 3 ready-to-wear items purchased and an extra 20% off from 5 read-to-wear items purchased. Those additional discounts do not apply for shoes and accessories.
The Customer should consult this information before placing his order.
The Customer assumes full liability for choosing and purchasing a Product.
The photographs, graphical features and descriptions featured on the bonton.fr website are provided for information purposes only and are non-contractual in nature: BONTON will make every effort to ensure that the colours, patterns and materials of items displayed online are reproduced faithfully in the photos and videos. However, variations may arise, due in particular to technical limitations concerning the rendering of the colour. BONTON may not be considered liable for these non-substantial inaccuracies or errors.
The Customer should refer to the item description for each Product to learn more about its essential characteristics and particular features. The Customer also has the possibility to obtain further information by visiting the BONTON stores to ask any questions or by contacting the BONTON customer service department:
Your ask concerns FRANCE UK BELGIUM SPAIN:
-The customer service department may be contacted by email (firstname.lastname@example.org) and by telephone on +33 (0)1 83 75 69 95 from Monday to Thursday, from 9:30am to 12:30 pm and from 2:00pm to 5:30pm.
For the rest of the world:
The customer service department may be contacted by email. Please follow this link CONTACT US
The items are proposed subject to available stock as stated at the time the order is placed.
The website contains a non-exhaustive list of products available for purchase of all products sold by the company BONTON
ARTICLE 3 - ORDERS
The product ranges are available for as long as they are displayed on the website, subject to available stock. BONTON may modify the items available online via its website with no requirement to provide any advance notice or information. These modifications will not apply to orders already placed.
The Customer will be informed of the availability of the products proposed for sale online when browsing the bonton.fr website and when adding items to his shopping cart. However, if it transpires that an ordered item is no longer available, BONTON will inform the Customer of this by all appropriate means as soon as possible. Bonton may not be considered liable for the non-availability of an item on its website.
The Customer should select the products he wishes to order on the bonton.fr website by proceeding as follows:
3-1 – Selection of Items by the Customer
When surfing the bonton.fr website, the Customer selects the references and quantities of the items he wishes to purchase by clicking on “Add to shopping cart”. The Customer can then decide to continue shopping or to order the selected item(s) by clicking “Order”.
Once the Customer has completed his selection, he may choose to modify his order (by deleting or adding an item, or changing the quantities and sizes). Once he is satisfied with the contents of his shopping cart, the Customer may click on “Confirm my order” to begin the process of placing the order.
3-2 – Identification
To continue with his order, the Customer is asked to identify himself by entering his email address, unless he had already logged in before filling his shopping cart.
If the Customer already has a customer account, he simply needs to log in using his email address and password.
If the Customer doesn’t yet have a customer account, he must create a customer account for his order to be processed.
The Customer logs into his customer account by means of a password and username, which are chosen by the Client and which are personal to him. The Customer agrees to keep this information strictly confidential and to never share it with third parties. The Customer also agrees to immediately inform BONTON if this information is lost or stolen and more generally of any fraudulent use of his customer account.
3-3 – Confirmation of the order by the Customer
For the order to be processed, the Customer must choose a delivery method from among those proposed and enter a delivery address.
The Customer must also enter a billing address. If this address is identical to the delivery address, the Customer simply needs to tick a box confirming this.
An order summary is presented to the Customer at every stage, to enable him to check the accuracy of his order details (including the items, prices, colours and sizes) and immediately report any errors.
Before finally confirming his order, the Customer must also familiarise himself with and accept these general terms and conditions of sale and BONTON’S Personal Data Processing Policy.
The Customer must then choose a payment method and enter the necessary information in order to use the chosen payment method by following the instructions on the secure payment server.
3-4 – Formally establishing a contract of sale
The sale will only be considered as firm after the order confirmation has been sent by BONTON by email to the Customer at the email address he supplied for his customer account and after BONTON has received payment in full of the asking price. If the Customer has not received an email from BONTON after having placed an order, he should contact the customer service department:
Your ask concerns FRANCE UK BELGIUM SPAIN:
-The customer service department may be contacted by email (email@example.com) and by telephone on +33 (0)1 83 75 69 95 from Monday to Thursday, from 9:30am to 12:30 pm and from 2:00pm to 5:30pm.
For the rest of the world:
-by email CONTACT US
Any order placed via the bonton.fr website (excluding www.bonton.fr/en) constitutes the establishment of a contract concluded remotely between the Client and BONTON. By accepting these general terms and conditions of sale, the Customer acknowledges that the emails and automatic records used by the customer service department or by the bonton.fr website, including, among other things, those concerning the nature and date of the order, will be considered as constituting definitive evidence in his dealings with BONTON.
3-5 – Tracking your orders
The summary of the Customer’s order and of the Customer’s previous orders may be viewed in the “My orders” section of the Customer account.
An email from the haulier will be sent to you (or you will receive a call in the case of an order for furniture) with a tracking number.
3-6 – The right to decline orders
BONTON reserves the right to cancel an order in the event of any outstanding dispute(s) with the Buyer or in the event of the total or partial non-payment of a previous order by the Customer or a technical issue resulting in a “derisory” price being displayed in relation to the reference price for the product (the reference price for a model being the price stated in the catalogue for the collection underway).
BONTON does not sell items to professionals via the bonton.fr website but only to consumers or non-professionals for their own personal use.
BONTON therefore reserves the right to refuse any abnormal order for the same item or items in major quantities considered incompatible with non-commercial use.
ARTICLE 4 – PRICES
The prices of the Products displayed on the bonton.fr website (excluding www.bonton.fr/en) are shown in Euros or GBP according to the Customer’s country, and do not include delivery costs (carriage, packaging and pack manufacturing according to the applicable amounts - please see article 5). These costs will be shown in the shopping cart before the order is confirmed.
For shipments to locations within the European Union (excluding the French overseas departments, regions and collectives): The price displayed is inclusive of VAT. These prices include the French Value Added Tax (or, where applicable, that of the destination country) applicable on the order date.
If one or several taxes or contributions, including environmental taxes, are created or modified either upwards or downwards, this change may be passed on through the sales price of the Products shown on the website and in the different sales publications.
The prices of the Products shown on the website are valid for the period during which they are displayed online.
ARTICLE 5 - PAYMENT TERMS
The price shown on the bonton.fr website (excluding www.bonton.fr/en) is payable in cash, in full, on the day the order is placed by the Client by means of a secure payment system, using the following payment methods:
by bankcard: Visa, MasterCard, American Express, other bank cards
by PayPal T
he payment information is exchanged in encrypted form using the SSL protocol, certified by a certification body.
The transaction is then performed by the Customer pursuant to banking security standards, with the payment being authenticated using each bank’s own procedure. It is expressly agreed between the Customer and BONTON that by supplying his bank details and bank card number, the Customer authorises his bank to debit his account in order to settle the bills submitted by BONTON.
If the payment is declined by the Client’s bank, the order cannot be finalised and the sale will not be made.
ARTICLE 6 – DELIVERIES
The orders placed via the bonton.fr website are shipped from Metropolitan France. The delivery lead times will vary according to the delivery method chosen by the Client and the country of delivery. An approximate delivery date will be provided for information purposes only. This delivery date will include the lead time for the processing of the order and for forwarding it to the address entered by the Customer when placing his order on the bonton.fr website.
Except in special cases (the delivery of furniture) or the non-availability of one or several items, the ordered items will be shipped in a single consignment.
The ordered items will be delivered with proof of delivery in person depending on the choices made by the Customer at the time he placed his order.
BONTON agrees to make every effort to deliver the items ordered by the Customer by the delivery date supplied to the Customer. However, if the ordered items have not been delivered within a period of 30 days following the order date, for any reason other than force majeure or due to the Customer, the sale may be cancelled at the Customer’s written request in accordance with the conditions mentioned in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Client will then be returned to him at the latest within fourteen days following the date on which the contract was cancelled, to the exclusion of any other compensation or holdbacks.
The Customer is required to check the condition of the delivered items. If it is found that an item is defective or otherwise non-compliant, the Customer must follow the procedure described in article 8 of the general terms of sale to return these items to BONTON at the latest within 30 days following the delivery date, then obtain a refund for these items and the delivery costs.
(1) Article L211-4 of the Consumer Code: The seller is required to deliver a product which is compliant with the contract and is held liable for any lack of conformity existing at the time of delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility for this or had it carried out under his responsibility.
Article L211-5 of the Consumer Code: 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 buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his 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 buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the Consumer Code: Action resulting from a lack of conformity lapses two years after delivery of the product.
Article 1641 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 buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 of the Civil Code: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
Beyond this deadline and unless these formalities have been respected, the items will be considered as fully compliant and free from any visible defects and no complaints will be validly accepted by BONTON, subject to the provisions of article 9 of these general terms of sale.
BONTON will issue a refund or replacement at its own cost as soon as possible for the delivered items for which conformity issues or visible or latent defects have been duly demonstrated by the Customer, in accordance with the conditions stated in articles L 217-4 and following of the Consumer Code and those contained in these General Terms and Conditions of Sale (please see the Guarantee section in particular).
ARTICLE 7 – TRANSFER OF OWNERSHIP - TRANSFER OF RISKS
The transfer of ownership to the Customer of the BONTON items sold via the bonton.fr website (excluding: www.bonton.fr/en) only occurs after the Customer has settled the asking price in full, regardless of the delivery date of the said items.
Regardless of the date on which the ownership of the items is transferred, the transfer of the related risks of loss and deterioration only occurs when the Customer physically takes possession of the items. The items therefore travel at BONTON’S risk.
ARTICLE 8 – CANCELLATION AND RETURNS
8.1 – Definition of the right of withdrawal:
The Customer has a right of withdrawal for a period 30 calendar days as from the date on which you received is order, during which he may cancel his order and return all or part of his items.
The cost of returning the items will be assumed by the Customer unless an item is substandard or non-compliant.
BONTON also reserves the right to refuse a Customer’s order in the event of a dispute with this Customer, until said dispute is resolved. The Customer will be informed of such a decision by email and where applicable will receive a refund for all sums possibly paid.
Finally, this right of withdrawal does not apply to certain items, including the following (non-exhaustive list):
Products which are sealed for hygiene or conservation reasons when these have been opened;
Services, if we have begun providing them before the end of the 30-day withdrawal period.
8.2 – Deadline for returning items:
To be able to exercise his right of withdrawal, the Customer must imperatively return the item(s) within a period of 30 calendar days from the date on which the ordered product(s) is/were received, with the date shown on the haulier’s receipt being considered as constituting definitive evidence.
8.3 – Terms & conditions for returning items:
The Customer has a period of thirty (30) working days as from the date on which he receives his order to return the ordered Products without justification or penalty. For any returns performed under the terms of this right of withdrawal, the procedure described below must be respected in full:
- The Customer’s returned pack must include the duly completed return slip contained in the pack when it arrived No return can be accepted unless said return slip has been duly completed.
- The Products must be returned in their original packaging, with their label and any possible accessories, in perfect condition.
- The cost and risks of returning the items will be assumed exclusively by the Customer. Subject to the above-mentioned conditions being met, BONTON will issue a refund for the VAT-inclusive value of the order to the Customer (Product price). The Customer’s bank account will be credited for the said amount within fifteen (15) days following receipt of Products by BONTON.
The Customer must return the items in an unused and undamaged condition, with their labels, accessories, parts and all original marked packaging and protection, in order that we may propose them for sale once again. When possible, the Customer must also return any unmarked packaging and protection which may have been delivered with the items.
Non-returned items or those returned incomplete, spoiled, altered, stained, soiled or in any other condition which may reasonably lead us to believe that they have been worn or used will not be eligible for a refund. They may be returned “as is” to the Customer if the latter requests this. The Customer must return the product(s) to the following address, accompanied by his dispatch note:
Parc du Hode 2
Route industrielle – Port 5515
Bâtiment 3B – quai 37
76430 Saint-Vigor d’Ymonville
8.4 – Consequences of returns:
The refund will be issued within a period of 15 working days as from the date the returned items are received by BONTON.
The refund will be issued using the same means of payment as that used by the Customer for the initial transaction, unless the Customer and BONTON expressly agree to use a different payment method.
This refund will not entail any costs for the Customer. However, in application of article L221-24 of the Consumer Code, the additional cost incurred by the Customer as result of choosing a more costly delivery method than that proposed by BONTON will be borne by the Customer and will not be reimbursed to him.
The refund is conditional upon the returned products being received.
8.5 – Liability:
The Client is only liable for the depreciation of the item resulting from any handling other than that necessary to establish the nature, characteristics and satisfactory operation of the item in question. To ensure that the withdrawal deadline is met, the Customer must send the message concerning his intention to exercise his right of withdrawal and must return the product(s) concerned before the expiry of the 30-day withdrawal and return period. 8.6 – Exchanges: Exchanges are not possible on the BONTON site.
ARTICLE 9 - VENDOR’S LIABILITY - GUARANTEE
The items sold on the bonton.fr website comply with the applicable regulations in France and offer performance levels compatible with the usage usually expected for such items.
In accordance with the legal provisions, the items supplied by BONTON are automatically covered by a legal guarantee of conformity and a legal warranty for hidden defects with no additional payment required, independently of the right of withdrawal.
To avail himself of his rights, the Customer must inform BONTON in writing:
that the items are non-compliant, within a period of 24 months as from the delivery date
of the existence of hidden defects within a maximum period of 24 months as from the date on which the defect is discovered. The Customer must demonstrate and prove that he has fulfilled all the conditions to benefit from said warranty for hidden defects.
The Customer must return the defective items in the condition in which they were received along with all accompanying items (accessories, packaging, instructions, etc.).
The Customer may choose between the repair or replacement of the ordered Product, as long as one of these choices does not result in clearly disproportionate costs for BONTON.
If this is the case, the Customer will then have the choice between returning the damaged item and receiving a refund for the whole purchase price or retaining the damaged item and receiving a refund for only part of the price, unless the lack of conformity is insignificant or minor.
The carriage costs will be reimbursed based on the price invoiced and the return costs will be reimbursed upon presentation of receipts.
The refund will be issued by crediting the Customer’s bank account
BONTON will bear no liability in the following cases:
non-compliance with the legislation of the country in which products are delivered, which it is the Customer’s responsibility to check, in cases involving incorrect usage, usage for professional purposes, negligence or lack of care and maintenance by Customer, normal wear and tear affecting the Product, accidents or force majeure circumstances.
In all cases, the Vendor’s guarantee limited to the replacement of, or the issuing of a refund for the Products which are non-compliant or affected by the defect.
ARTICLE 10 - DATA PROTECTION
In application of law number 78-17 of 6 January 1978, modified by law number 2018-493 of 20 June 2018, all parties are reminded that the personal data requested from the Customer is necessary to the processing of his order and the issuing of invoices, among other things.
This data may be communicated to any partners possibly appointed by BONTON for the performance, processing and management of, and payment for the orders.
The processing of the information supplied via the bonton.fr website complies with the legal requirements concerning the protection of personal data, with the IT system used guaranteeing optimal protection of this data.
Pursuant to the applicable national and European regulations, the Customer has a permanent right to modify, rectify and oppose the use of the information concerning him, a right to data portability and a right to limit the processing of said information.
This right may be exercised in accordance with the conditions and procedures described in our personal data protection policy.
ARTICLE 11 - INTELLECTUAL PROPERTY RIGHTS
The content of the bonton.fr website is the property of BONTON and its partners and is protected by French and international intellectual property law.
Any direct or indirect or total or partial reproduction of this content is strictly prohibited and will be considered as an act of infringement.
Additionally, BONTON remains the owner of all intellectual property rights concerning the videos, logo, photographs, presentations, studies, drawings, models and prototypes, etc. presented on the website or produced at the customer’s request with a view to supplying Services to the Customer.
Any total or partial reproduction or use of the said studies, images, models and prototypes, etc. is therefore prohibited, regardless of the grounds or the media concerned, without the prior, express, written consent of BONTON who may make this subject to the payment of a financial consideration.
The creation of hypertext links to one of the pages or any of the constituent features of the bonton.fr website is also prohibited, in addition to any non-compliant use of the website including in particular any direct or indirect use for business or professional purposes.
ARTICLE 12 - FORCE MAJEURE
The Parties may not be considered liable if a failure to fulfil or delays in fulfilling any of their obligations as described in this document results from a case of force majeure under the terms of article 1218 of the Civil Code.
The Party noting the force majeure event must inform the other party as soon as possible of its inability to perform its services and provide proof of this. The suspension of its obligations may under no circumstances be considered as generating liability for the non-performance of the obligation in question, and may not result in the payment of any damages or late performance penalties.
It is expressly agreed that the parties may terminate this contract as of right on the grounds of force majeure, without warning or formalities, if the suspension of the performance of the contract resulting from this force majeure situation extends beyond a period of 20 days. In this case, the order will be cancelled and the Customer will receive a refund.
ARTICLE 13 - APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.
These General Terms and Conditions of Sale are drafted in French. If they are translated into one or several foreign languages, only the French text will be considered applicable in the event of disputes or litigation.
ARTICLE 14 - DISPUTE RESOLUTION
All disputes arising from the purchasing and sales operations concluded in application of these general terms and conditions of sale concerning their validity, their interpretation, their performance, their termination, their consequences and all related matters that it has not been possible to resolve between the vendor and the customer will be heard by the courts with jurisdiction for the matter under conditions of ordinary law.
ARTICLE 15 - PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CUSTOMER
When a natural person or entity places an order via the bonton.fr website, this implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who among other things agrees not to seek to avail himself of any contradictory document, which would be considered inapplicable to BONTON.