Terms and conditions of sale

PREAMBLE

These general terms and conditions of sale apply to all sales concluded on the Du Bon Côté website. Simply accessing the site and placing an order implies acceptance of these terms and conditions by the customer.

The https://duboncote.fr website is a service of :

The bon côté website sells the following products: ready-to-wear for men and women.

The customer declares that he/she has read and accepted the general terms and conditions of sale when placing his/her order.

ARTICLE 1 - PRINCIPLES

These general terms and conditions express the entirety of the obligations of the parties. The buyer is therefore deemed to accept them without reservation.

These general terms and conditions of sale apply to the exclusion of all other terms and conditions, in particular those applicable to in-store sales or sales via other distribution and marketing channels.

They are available on the bon côté website and will prevail, where applicable, over any other version or any other contradictory document.

The seller and the buyer agree that these general terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are put online.

If a condition of sale is lacking, it will be considered to be governed by the practices in force in the distance selling sector whose companies are based in France.

ARTICLE 2 - CONTENT

The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer from the bon côté website.

These conditions only apply to purchases made on the Du Bon Côté website and delivered exclusively in mainland France, Corsica or the French overseas departments and territories. For deliveries abroad, please send a message to the following e-mail address: contact@duboncote.bzh for general terms and conditions of sale abroad.

These purchases relate to the products on sale in the online shop on the day of purchase.

ARTICLE 3 - PRE-CONTRACTUAL INFORMATION

Prior to placing an order and entering into a contract, the buyer acknowledges having been informed, in a legible and comprehensible manner, of these general terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code.

The buyer will be provided with the following information in a clear and comprehensible manner:

  • the essential characteristics of the property ;
  • the price of the goods and/or the method of calculating the price ;
  • where applicable, any additional transport, delivery or postage costs and any other charges payable;
  • in the absence of immediate performance of the contract, the date or period within which the seller undertakes to deliver the goods, regardless of the price;
  • information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and terms of implementation of guarantees and other contractual conditions.

ARTICLE 4 - THE ORDER

The purchaser may place an order online, from the online catalogue and using the form provided therein, for any product, subject to availability.

The buyer will be informed of any unavailability of the product or good ordered.

For the order to be validated, the buyer must accept these general terms and conditions by clicking where indicated. They must also choose the delivery address and method, and finally validate the payment method.

Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be dealt with in the context of a possible exchange and the guarantees mentioned below.

In certain cases, notably non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem has been resolved.

For any questions relating to the tracking of an order, the buyer may send an e-mail to the seller at the following e-mail address: contact@duboncote.bzh

ARTICLE 5 - ELECTRONIC SIGNATURE

The online provision of the purchaser's bank card number and the final validation of the order shall constitute proof of the purchaser's agreement:

    • payment of sums due under the purchase order ;
    • signature and express acceptance of all transactions carried out.

In the event of fraudulent use of the bank card, the purchaser is invited, as soon as this is discovered, to contact the seller at the following e-mail address: contact@duboncote.bzh

ARTICLE 6 - ORDER CONFIRMATION

The seller will provide the buyer with an order confirmation by e-mail.

ARTICLE 7 - PROOF OF TRANSACTION

The computerised registers, kept in the seller's computer systems under reasonable conditions of security, are proof of the communications, orders and payments that have taken place between the parties.

Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

ARTICLE 8 - PRODUCT INFORMATION

The products governed by these terms and conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered while stocks last.

The products are described and presented as accurately as possible. However, the seller cannot be held liable for any errors or omissions in this presentation.

Product photographs are not contractually binding.

ARTICLE 9 - PRICES

The seller reserves the right to change its prices at any time, but undertakes to apply the prices in force at the time the order is placed, subject to availability on that date.

Prices are given in euros. They do not include delivery charges, which are indicated before the order is validated. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.

If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be reflected in the selling price of the products.

ARTICLE 10 - METHOD OF PAYMENT

This is an order with a payment obligation, which means that placing the order implies payment by the buyer.

In order to pay for their order, purchasers may choose from all the methods of payment made available by the vendor and listed on the vendor's website. The purchaser guarantees the seller that he/she has the necessary authorisations to use the method of payment chosen by him/her when validating the order form. The seller reserves the right to suspend any order processing and any delivery in the event of refusal to authorise payment by bank card by the officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.

The price must be paid in full when the order is placed, in the case of payment by credit card, and on receipt of the cheque in the case of payment by cheque.

ARTICLE 11 - AVAILABILITY OF PRODUCTS - REFUND - RESCISSION

For deliveries in mainland France and Corsica, the delivery time is 4 days from the day following the day on which the buyer validates his/her order.

At the latest, the deadline will be 2 working months after the conclusion of the contract.

These times are indicative and do not engage the responsibility of the seller.

They are also not applicable in cases of force majeure or during periods when the online shop is closed, which will be clearly announced on the home page of the site. Delivery times run from the date on which the order is registered, as indicated on the order confirmation email.

For deliveries to French overseas departments and territories or to another country, delivery terms will be specified to the buyer on a case-by-case basis.

If the agreed delivery date or deadline is not met, the purchaser must, before terminating the contract, require the seller to perform within an additional period of 15 days.

If no performance has been made by the end of this new period, the buyer is free to terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt.

The contract will be deemed to have been terminated on receipt by the seller of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

ARTICLE 12 - DELIVERY TERMS

Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered in accordance with the terms and conditions and within the period specified above.

Products are delivered to the address indicated by the purchaser on the order form, and the purchaser must ensure that this address is correct. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be re-sent at the buyer's expense. The purchaser may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.

If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected at the place and time indicated.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).

The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).

This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.

The buyer must then provide a copy of the letter of complaint sent to the carrier.

If the products need to be returned to the seller, a request for their return must be made to the seller within 14 days of delivery. Any claim made outside this period will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.).

ARTICLE 13 - DELIVERY ERRORS

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.

Complaints may be made by e-mail to the following address: contact@duboncote.bzh

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.

On receipt of the complaint, the seller will allocate an exchange number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.

In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 3 rue Victor Schoelcher 29900 Concarneau.

Return postage is at the seller's expense.

ARTICLE 14 - PRODUCT GUARANTEE

14-1 Legal guarantee of conformity

The seller is bound by the legal guarantee of conformity and the guarantee against hidden defects under the conditions of common law applicable on the day of the sale.

The seller guarantees the textile products for a period of 2 years from the date of sale.

The guarantee does not cover deliberate damage, destruction by fire, stains, cuts with scissors, cutters or any other sharp object.

The guarantee also excludes any deformation, discolouration or deterioration caused by failure to follow maintenance instructions or abnormal use of the product.

The guarantee entitles you to an identical replacement, subject to stock availability. If stocks are not available, an equivalent product will be required.

During the 2-year guarantee period, only one exchange is possible per product.

14-2 Legal warranty against hidden defects

In accordance with Articles 1641 et seq. of the French Civil Code, the seller is liable for any hidden defects in the goods sold. It is up to the buyer to prove that the defects existed when the goods were sold and are such as to render the goods unfit for their intended use. This warranty must be invoked within two years of discovery of the defect.

The buyer may choose between rescinding the sale or reducing the price in accordance with article 1644 of the French Civil Code.

ARTICLE 15 - RIGHT OF WITHDRAWAL

Application of the right of withdrawal

In accordance with the provisions of the French Consumer Code, the buyer has a period of 14 days from the date of delivery of his/her order to return any item that does not suit him/her and request an exchange or refund without penalty, with the exception of the return costs, which remain payable by the buyer. 

The right of withdrawal may be exercised online, using the withdrawal form available on this website. In this case, an acknowledgement of receipt on a durable medium will be sent immediately to the purchaser.

If you withdraw from this contract, we will refund all payments received from you, including the cost of delivery (with the exception of any additional costs incurred as a result of you choosing a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw from this contract. We will make the refund using the same method of payment that you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you. We may defer a refund until we have received the goods or you have provided proof of dispatch of the goods, whichever is the earlier.

You must return the goods to us without undue delay and, in any event, no later than fourteen days after you have informed us of your decision to withdraw from this contract. This period is deemed to have been observed if you return the goods before the fourteen-day period has expired. You must bear the direct cost of returning the goods. Any damage to the product may entitle us to reimburse you only partially.

The exchange (subject to availability) or refund will be made within 15 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions set out above.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) by post to Du Bon Côté - ZAC DE COLGUEN, 34 RUE LEOPOLD SEDAR SENGHOR, 29900 CONCARNEAU - Tel: 02 98 47 24 74.

You can use the model withdrawal form, but this is not compulsory.

In order for the withdrawal period to be respected, all you need to do is send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.

ARTICLE 16 FORCE MAJEURE

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension. 

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. 

Force majeure" means any irresistible, unforeseeable, unavoidable event or circumstance beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers. 

The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party. 

SECTION 17. INTELLECTUAL PROPERTY

The content of the website remains the property of the seller, who alone holds the intellectual property rights to this content. 

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright. 

ARTICLE 18 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES

The nominative data supplied by the purchaser is necessary for the processing of his/her order and the preparation of invoices. 

They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. 

The processing of information communicated via the Du Bon Côté website has been declared to the CNIL. 

The purchaser has a permanent right of access, modification, rectification and opposition with regard to information concerning him or her. This right may be exercised under the terms and conditions defined on the Du Bon Côté website.

ARTICLE 19 - PARTIAL NON-VALIDATION

If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope. 

ARTICLE 20 - NON-RENUNCIATION

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question. 

ARTICLE 21 - MEDIATION APPLICABLE TO CONSUMER LAW

In accordance with articles L. 611-1 et seq. of the French Consumer Code, consumer buyers are informed of their right to have recourse, free of charge, to a consumer mediator with a view to the amicable resolution of a dispute between them and a professional.

The contact details of the consumer ombudsman for DU BON COTE are as follows:

E-commerce ombudsman service of FEVAD (French e-commerce and distance selling federation)
60 Rue de La Boétie, 750008 PARIS
http://mediateurfevad.fr

After prior written application by consumers, the Mediation Service can be contacted for any consumer dispute that has not been settled. To find out how to contact the Mediation officer, click here. here.

ARTICLE 16 - JURISDICTION

These General Terms and Conditions of Sale are governed by French law. Any dispute concerning the application of these general terms and conditions of sale and their interpretation, their performance and the sales contracts concluded by the seller, or the payment of the price, shall be brought before the court of Quimper, regardless of the place of order, delivery and payment and the method of payment, and even in the event of a third party claim or multiple defendants.