TERMS AND CONDITIONS OF PURCHASE AND USE
1. INTRODUCTION
This document (and any document referred to below) sets out the terms and conditions of use of the website www.lesbainsguerbois.com as well as the general terms and conditions for the purchase of products through the latter (hereinafter the “Terms”).
Please read these Terms and Conditions, our cookie policy and our privacy policy (the “Data Protection Policies”) carefully before using our websites. By using our websites or placing an order on them, you agree to be bound by these Terms and Conditions and our Data Protection Policies. If you do not agree with all of the Terms and Conditions and the Data Protection Policies, please do not use our websites.
These Terms are subject to change. It is your responsibility to review them regularly, as the terms and conditions applicable to you will be those in effect at the time you use our websites or enter into the Agreement (as described below).
If you have any questions about the Terms and Conditions or the Data Protection Policies, please contact us by email at e-boutique@lesbainsguerbois.com.
The Purchase Agreement between us (hereinafter referred to as the “Agreement”) may be made, at your option, in any of the languages in which the Terms are available on this website.
2. OUR CONTACT DETAILS
The sale of products through this website is carried out under the name “LES BAINS GUERBOIS” by LES BAINS GUERBOIS SARL, with a capital of 2 150 000,00€, whose head office is located at 7 rue du Bourg l’Abbé, 75003 Paris, FRANCE, registered in the Paris Trade and Companies Register under the number 817 452 477, and under the following intra-community VAT number : FR4 8817 452 477; can be reached at the following e-mail address: e-boutique@lesbainsguerbois.com, at the following telephone number: +33 (0)1 42 77 07 07 (non surcharged call, except possible cost according to your operator).
3. YOUR CONTACT INFORMATION AND VISITS TO THE WEBSITE
The information or personal data you provide to us will be processed in accordance with the Data Protection Policies. By using our websites, you consent to the processing of such information and contact details and you declare that all information or contact details provided are true and accurate.
4. USE OF OUR WEBSITE
By using our websites and placing reservations and orders on it, you agree to:
- Use our websites only for the purpose of making inquiries, reservations or placing legally valid orders.
- Do not make false or fraudulent reservations or orders. If we have reason to believe that such a reservation or order has been placed, we shall be entitled to cancel it and inform the relevant authorities.
- Provide us with your true and accurate email address, mailing address and/or other contact information. You also authorize us to use this data to contact you in connection with an order, if necessary (see our privacy policy).
You will not be able to place an order if you do not provide us with all the required data.
By placing an order on our websites, you affirm that you are over 18 years of age and have the legal capacity to enter into contracts.
5. AVAILABILITY OF SERVICES
The delivery service for products offered on our websites is available in France, Europe and internationally. The delivery service for the perfumes offered on these sites is only available in metropolitan France and Europe.
6. VALIDATION OF THE CONTRACT
To place an order, you must follow the online purchasing procedure and click on “Authorize Payment” for product orders. You will then receive an email confirming that your order has been processed (hereinafter the “Order Confirmation”). You will also be notified by email when your order has been shipped (hereinafter the “Shipping Confirmation”).
7. AVAILABILITY
All product orders are subject to availability. In this sense, in case of supply difficulties or if the products are no longer in stock, we will refund any amount paid.
8. REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from our websites at any time and to replace or modify any content or information contained therein. While we will always make every effort to fulfill all orders, exceptional circumstances may arise, such as manufacturing or inventory problems or payment issues, which may require us to refuse to process an order after sending you the Order Confirmation. We reserve this right at all times. In this case, if payment has already been made, we will refund all amounts paid, including delivery charges, as soon as possible, using the same payment method you used for the transaction. In any case, this refund will not involve any costs to you.
We shall not be liable to you or any third party for the removal of any product from our websites, the removal or alteration of any material or content contained therein, or the failure to process an order in any of the above circumstances after the Dispatch Confirmation has been sent.
9. PRODUCT DELIVERY
Subject to the provisions of clause 7 above relating to availability of products, and except in exceptional circumstances, we will endeavour to deliver the product(s) shown on the Dispatch Confirmation to you within a maximum of 30 days from the date of the Order Confirmation.
Please note that no home deliveries are made on Saturdays, Sundays or holidays.
For the purposes of these Terms, “delivery” shall be deemed to have been made, or the order shall be deemed to have been “delivered”, at the time you or a third party designated by you take physical possession of the products, which shall be evidenced by the signing of the order acknowledgement at the delivery address provided by you.
10. INABILITY TO DELIVER PRODUCT
If we are unable to deliver your order, we will make every effort to find a safe place to drop off your package. If we cannot find a safe place, your order will be returned to our headquarters in France.
If you are not at the delivery location at the agreed upon time, please contact us to arrange for delivery at a later date.
If the order has still not been delivered, for reasons for which we are not responsible, after 30 days from the date your order was available for delivery, we will consider that you wish to terminate the Contract and it will be terminated. As a result of the termination of the Contract, we will refund all amounts paid, including delivery charges (except for additional charges for choosing a delivery method other than the ordinary and least expensive delivery method offered by us), as soon as possible and in any event within 14 days of the Contract being deemed to have been terminated. Please note that we will be entitled to charge you for any additional transportation costs incurred as a result of the termination of the Agreement.
11. DELIVERY IN STORE
Once you have chosen to pick up your order in store, and once it has been prepared, we will contact you to let you know that it is available forpickup.
You may pick up your order in person (by presenting your order number and identification) or a third party may represent you and pick up your order for you. In the latter case, the person you designate must present the order number and a pieceof identification.
As this is a distance sale, the provisions of this article apply as soon as your order is placed via the store delivery service, subject to any other applicable regulations.
12. TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS
You will assume the risk for the Products from the time of delivery as defined in clause 9 above.
The property of the products will be transferred to you only with the reception of the complete payment of the sums due, including the expenses of delivery, or at the time of the delivery (such as defined in clause 9 above) if it intervenes at a later date with the payment.
13. PRICE AND PAYMENT
The price of the products will be the one indicated at any time on our websites, except in case of obvious error. Errors may occur despite our best efforts to ensure that the prices listed on our websites are accurate. If we detect an error in the price of the product(s) you have ordered, we will inform you as soon as possible and offer you either to confirm your order at the correct price or to cancel it. If we are unable to contact you, the order will be considered cancelled and we will refund the full amount paid.
We are not obligated to sell a product at an incorrect lower price (even after we have sent you an Order Confirmation) if the error is obvious and unambiguous and you are reasonably able to identify it as such.
The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount to be paid.
Prices are subject to change at any time. However, no changes will be made to orders for which a shipping confirmation has already been sent, except as described above.
After you have selected all the products you wish to purchase, they will be added to your shopping cart. We will then proceed to process your order and you will be invited to make the payment. To do so, you must follow the different steps of the purchasing process by indicating or verifying the information required at each step.
During the purchase process, you always have the possibility to modify your order data before proceeding with the payment.
In addition, if you are registered as a user in our system, all data relating to orders you have placed with us are available in the “My Account” section.
You can pay with the following credit cards: Visa, Mastercard, American Express and Visa Electron.
Your card data will be encrypted to reduce the risk of unauthorized access. Once your order is placed, we will issue a pre-authorization request for a credit card debit to ensure that you have sufficient funds to complete the transaction.
The corresponding amount will be charged to your card at the time you place the order. In-store payments will be taken when using your card in the store.
By clicking on “Authorize Payment”, you confirm that the credit card belongs to you.
Credit cards are subject to validity checks and authorization by the card issuer. If we do not receive the required payment authorization, we will not be liable for the delay or failure to deliver the Products and we will not be able to enter into a Contract with you.
An invoice in electronic format will be made available to you on our website in the “My Account” section, which you accept.
15. VALUE ADDED TAX
Purchases made via this website are subject to value added tax (VAT) at the rate legally in force on the day of the sale.
16. EXCHANGE/RETURN POLICY
16.1 LEGAL RIGHT OF WITHDRAWAL
As a consumer, you have the right to withdraw from the Contract within 14 days without giving any reason. The withdrawal period expires after 14 days from the date on which you or a third party other than your designated carrier takes physical possession of the products or, in the case of several products that are part of the same order but delivered separately, after 14 days from the date on which you or a third party other than your designated carrier takes physical possession of the last product ordered.
To exercise your right of withdrawal, please inform LES BAINS GUERBOIS of your decision by an unequivocal written statement (in particular by means of an e-mail). You can contact us by e-mail at the following address: e-boutique@lesbainsguerbois.comor by phone at +33 1 40 29 10 10 (Call not surcharged, except possible cost according to your operator).
The withdrawal period is respected if you send your email informing us of your decision to exercise your right of withdrawal before the expiration of this withdrawal period.
Effects of withdrawal:
If you decide to withdraw from the Contract, we will refund all sums paid, including delivery costs (except for any additional costs associated with choosing a delivery method other than the cheapest standard delivery method offered by us), as soon as possible and in any event within 14 days of the day on which we are informed of your decision to withdraw from the Contract.
The method of refund will be the same as the method of payment you used in the original transaction. In any case, this refund will not involve any costs to you. Notwithstanding the foregoing, we may defer refunds until we have received the returned products or you have provided us with proof of return, whichever is earlier.
Please return the products in question to Boutique Les Bains located at 2 rue du Bourg l’Abbé 75003 in Paris, France without any abnormal delay, and, in any case, within 14 days following the communication of your decision to retract from this Contract according to the terms below.
The time limit is respected if you return the products before the 14-day period expires.
Except in the cases where you give the products to La Boutique Les Bains located at 2 rue du Bourg l’Abbé 75003 in Paris in France. You will be responsible for any direct costs incurred as a result of returning the products.
You are only responsible for the depreciation of the value of the products resulting from manipulations other than those necessary to ensure the nature, characteristics and functioning of the latter.
16.2 CONTRACTUAL RIGHT OF WITHDRAWAL
In addition to the legal right of withdrawal granted to consumers, mentioned in clause 16.1 above, you have the possibility to return any product to us (except for products mentioned in clause 16.3 below, for which the right of withdrawal is excluded) within 30 days from the date of confirmation of shipment of the order.
In the event of the return of products made under the contractual right of withdrawal after the expiration of the statutory withdrawal period, the refund will only be for the amount paid for these products. The shipping costs will not be refunded.
In case of return to the store, you must present the product together with the invoice or order confirmation, which is also saved on your account on our website. You can present your invoice or order confirmation in digital form from your cell phone, or by bringing the printed version to the store.
You may exercise your contractual right of withdrawal under the provisions of clause 16.1 above. However, if you inform us of your decision to withdraw from the Contract after the expiration of the legal withdrawal period, you are obliged, in any case, to return the products to us within 30 days from the date of confirmation of shipment of the order.
16.3 COMMON PROVISIONS
You will not have the right to withdraw from the Agreement if it relates to the delivery of any of the following products:
- Customized products
- Perfumes / Candles accessories without original packaging and/or cellophane
Your right to withdraw from the Contract will only apply to products that are returned in the same condition as you received them. No refund will be given if the product has been used after being opened, if it is not in the same condition as when delivered or if it has been damaged. Please take good care of the product(s) in your possession. Please return the products using or including their original packaging, instructions and any other documents, if any, that accompanied the products.
In case of withdrawal from the Contract, the corresponding products must be returned in one of the following ways:
- Back to La Boutique Les Bains:
You can return any product to La Boutique Les Bains located at 2 rue du Bourg l’Abbé 75003 in Paris, France. In case of return to the store, you must present the product together with the invoice or order confirmation, which is also saved on your account on our website. You can present your invoice or order confirmation in digital form from your cell phone, or by bringing the printed version to the store. - Returns by mail:
You may return the product by mail or shipping service of your choice along with the printed order confirmation or invoice. After examining the returned product, we will inform you whether or not you are entitled to a refund. Delivery costs will be refunded if the right of withdrawal is exercised within the legal period and if all the products in question are returned in good condition. The refund will be made as soon as possible and in any case within 14 days of the date you inform us of your decision to terminate the Contract. The method of refund will always be the same as the method of payment for your purchases. You will be responsible for the risks and costs associated with returning the products, as stated above.
16.4 RETURNS OF DEFECTIVE PRODUCTS
If you believe that the product does not conform to the Contract at the time of delivery, you should contact us immediately by email at e-boutique@lesbainsguerbois.com by indicating the characteristics of the product in question and the nature of the defect; you can also call us at +33 1 40 29 10 10 (Call not surcharged, except possible cost according to your operator), we will then indicate you the procedure to follow.
We will examine the returned product in detail and inform you by e-mail, within a reasonable period of time, if the product can be exchanged or if you are entitled to a refund (if applicable). We will refund or exchange the product as soon as possible and in any case within 14 days from the date we confirm by e-mail that you are entitled to a refund or exchange of the product in question.
If a defect or damage is found, the returned products will be refunded in full, including the shipping costs you have paid. The method of refund will always be the same as the method of payment for your purchases.
All your rights under the applicable regulations are preserved in all cases.
16.5. "CHANGE IN SIZE"
Notwithstanding the provisions of Article 16.1, if you consider that the size of the item you have purchased does not suit you, regardless of your legal and contractual rights of withdrawal, you can request the change of this item by email to e-boutique@lesbainsguerbois.com. under reserve,
- Customized products
- whether the price is the same or higher than the first item purchased (in this case, the price difference will not be charged to you)
- and that certain means of payment have been used (for more information, please consult article 13 of these general conditions of purchase). Please note that this feature will only appear when the above conditions are met.
Once the size change request has been made and the return method selected, you can return the item to La Boutique Les Bains located at 2 rue du Bourg l’Abbé 75003 in Paris, France. You must always return the product as soon as possible and in any case within a maximum of 14 calendar days from the request for change by email.
In case of return to the store, you will have to present the item with its invoice or order confirmation. You must return the product in its original packaging.
We will ship the new order of the product for which you have selected a new size within 2-3 business days from the date we receive the return. This new order will be governed by the provisions of these general conditions of purchase including the exercise of the right of withdrawal.
17. LIABILITY AND DISCLAIMERS
17.1. RESPONSIBILITY
Our responsibility, under these Terms, shall not be engaged in the event that the non-performance of our obligations would be attributable to the fact of a third party, to your fault or to an event of force majeure as defined by Article 1218 of the Civil Code and by the jurisprudence.
Notwithstanding the foregoing, our liability shall not be excluded or limited in any of the following cases:
- death or personal injury caused by our negligence;
- fraud or deceit; or
- in any case where it would be illegal or contrary to law to exclude, limit, or attempt to exclude or limit our liability.
Due to the open nature of these websites and the possibility that errors may occur in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted or obtained through our websites, unless expressly stated otherwise.
All materials, descriptions and product information on our websites are provided “as is” without warranty of any kind, either expressed or implied, except as provided by law. In this sense, if you are a party to the Contract as a consumer, we are obliged to deliver products to you in conformity with the contractual provisions and we are liable to you in the event of a lack of conformity found at the time of delivery.
Products are considered to be in compliance with the contractual provisions if the following conditions are met:
- they must conform to the description we have presented and have the characteristics we have set out on this website;
- they must be suitable for the purposes for which such products are generally designed;
- they must meet the quality and performance criteria that are generally accepted for products of the same type and that can reasonably be expected.
To the extent permitted by law, all warranties are excluded, except for consumer warranties, which cannot legitimately be excluded.
LES BAINS GUERBOIS SARL guarantees consumers against defects in conformity for products on sale on our websites, in accordance with the legal guarantee of conformity provided for in articles L.217-4 et seq. of the French Consumer Code, in the sense of articles 1641 et seq. of the French Civil Code, allowing you to return defective or non-compliant products delivered.
It is recalled that the consumer who decides to act in legal guarantee of conformity:
- Has a period of two years from the delivery of the property to act;
- Can choose between repair and replacement of the good, subject to the conditions related to the cost, provided for in Article L 217-9 of the Consumer Code;
- Is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.
The consumer can decide to bring into play the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the Civil code. In this case, the consumer can choose between the resolution of the sale and a reduction of the sale price, in accordance with Article 1644 of the Civil Code.
Reminder of the provisions of the Consumer Code:
- Article L 217-4 of the Consumer Code: The seller is required to deliver goods that conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation, if the latter was made his responsibility by the contract or was carried out under his responsibility.
- Article L 217-5 of the Consumer Code: To be in conformity with the contract, the goods must:
- Be fit for the purpose ordinarily expected of similar property and, where applicable:
- correspond to the description given by the seller and have the qualities that he presented to the buyer in the form of a sample or model;
- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
- Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted.
- Be fit for the purpose ordinarily expected of similar property and, where applicable:
- Article L 217-12 of the Consumer Code: The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Reminder of the provisions of the Civil Code:
- Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
The products we sell, especially those of a handcrafted nature, often have characteristics specific to the natural materials used in their manufacture. These characteristics may be subject to variations in fiber, texture, knots or color. These variations can in no way be considered as defects or damages. Instead, you need to be aware of these variations and be able to appreciate them. We choose only the highest quality products, but the natural characteristics are inherent in our products and must be accepted as part of their intrinsic appearance. The provisions of this clause shall not affect your rights as a consumer or your right to terminate the Agreement.
17.2. MEDIATION
As a consumer, if you feel that your rights have been violated, you may send your complaint to the following e-mail address: boutiques@lesbains-paris.com to request an amicable settlement.
Also, if your purchase was made on our websites, we hereby inform you that, in accordance with the European regulation n°524/2013, you have the right to request the resolution of your dispute on the platform dedicated to the online resolution of consumer disputes accessible via the following email address: http://ec.europa.eu/consumers/odr/.
18. INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademark and other intellectual property rights in all information or content on our websites shall at all times be owned by us or our licensors. You may only use this information to the extent that you are expressly authorized to do so by us or by the licensor. This does not prevent you from using these websites to copy information needed for your order or your identification information.
19. VIRUSES, HACKING AND OTHER COMPUTER CRIMES
You must not misuse our websites by intentionally introducing viruses, Trojan horses, worms, logic bombs and other malicious or technologically harmful devices. You must not attempt to gain unauthorised access to the Websites, the server on which our Websites are hosted or any server, computer or database connected to our Websites. You agree not to attack our websites by means of a denial of service or distributed denial of service.
Any violation of this clause is a criminal offence under the applicable regulations. We will notify the appropriate authorities of any such breach and cooperate with them in discovering the identity of the hacker. Likewise, in the event of non-compliance with this clause, you will immediately cease to be authorized to use these websites.
We are not responsible for any loss or damage resulting from a denial of service attack, virus or other technologically harmful or malicious device or material caused to your computer, equipment, data or information as a result of using this website or downloading files from it or from other sites to which our sites have directed you.
20. LINKS TO OUR WEBSITES
If our websites contain links to other websites and data of third parties, these links are provided for information purposes only and we have no control over the content or data of these websites. Accordingly, we disclaim all liability for any loss or damage resulting from the use of these links.
21. WRITTEN COMMUNICATIONS
Under applicable regulations, we are required to send you certain information or communications in writing. By using our websites, you agree that your communication with us will be primarily electronic. We will contact you by email.
For contractual purposes, you consent to the use of this electronic means of communication and agree that all contracts, announcements, information and other messages sent to you by us electronically comply with legal requirements that such communications be in writing. This provision does not affect your rights.
22. NOTIFICATIONS
Please use preferably our email e-boutique@lesbainsguerbois.com to send us your notifications. Unless otherwise specified, in accordance with the provisions of clause 21 above, we may send you notices by post which you will have communicated to us at the time of your order.
It is understood that notices will be properly given and received at the time they are posted on our website, 24 hours after an email is sent, or three days from the date of postage of any letter.
To prove that a notice was delivered, it will be sufficient to show, in the case of a letter, that the address was correctly written and that it was properly stamped and mailed; in the case of an e-mail, it will be sufficient to show that it was sent to the e-mail address indicated by the recipient.
23. TRANSFER OF RIGHTS AND OBLIGATIONS
The Agreement shall be binding upon the parties and their respective successors, assigns and successors in interest.
You shall not assign, transfer, charge or otherwise transfer any Contract or any of your rights or obligations under it without our prior written consent.
We may assign, transfer, charge, subcontract or otherwise transfer a Contract or any of our rights or obligations under it at any time during the term of the Contract. For the avoidance of doubt, such transfers, assignments, encumbrances and other transfers shall be without prejudice to your statutory rights, if any, as a consumer, and shall not limit, restrict or exclude any express or implied warranties that we may have given to you.
24. FORCE MAJEURE
We shall not be liable for any failure or delay in performance of our contractual obligations caused by events beyond our reasonable control (hereinafter “Force Majeure”) as defined in Article 1218 of the Civil Code and by case law.
It is understood, on the one hand, that our contractual obligations will be suspended for as long as the case of Force Majeure lasts and, on the other hand, that our deadlines for fulfilling these obligations will be extended for a period equivalent to that of the case of Force Majeure. We shall make every effort to put an end to the Force Majeure or to find a solution that allows us to perform our contractual obligations despite the Force Majeure.
25. RIGHTS OF RENUNCIATION
If we cease to require strict performance by you of your obligations under the Agreement or any of these Terms, or if we fail to exercise any rights or remedies to which we are entitled under the Agreement or any of these Terms, this shall not constitute a waiver or limitation of such rights or remedies and shall not relieve you of your obligations.
No waiver by us of any specific right or remedy shall constitute a waiver of any other right or remedy under the Agreement or the Terms.
No waiver by us of any of these rights, remedies or conditions under the Agreement shall be effective unless and until it is expressly stated as such and communicated to you in accordance with the provisions set forth in the Notices clause above.
26. PARTIAL NULLITY
If any of these Terms and Conditions or any of the provisions of the Agreement are held to be invalid by virtue of an irrevocable decision of a competent authority, the remaining terms and conditions shall continue to apply without being affected by such decision.
27. ENTIRETY OF THE CONTRACT
These Terms and Conditions and any documents specified in these Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede any prior oral or written agreements, promises or understandings between the parties.
The parties agree that neither party has relied on any representation or promise made by the other party or arising from any written or oral statement during the course of negotiations between the parties prior to the conclusion of the Contract, except as expressly set forth in these Terms.
Each party waives any recourse for any oral or written misrepresentations made by the other party prior to the date of execution of the Agreement (unless such misrepresentations were made in a fraudulent manner). The other party’s sole remedy shall be breach of contract as set forth in these Terms.
28. OUR RIGHT TO AMEND THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms at any time.
You are subject to the terms and conditions in effect at the time you use these websites or place an order, unless we are required by law or competent authorities to change these terms, conditions or privacy policy retroactively. In this case, any changes will also apply to orders you have previously placed.
29. APPLICABLE LAW AND JURISDICTION
The use of our websites and contracts for the purchase of products on these websites shall be governed by French law.
Any dispute arising out of or relating to the use of the Site or the said Agreements shall be subject to the non-exclusive jurisdiction of the French courts.
The provisions of this clause are without prejudice to your rights as a consumer under applicable law.
30. COMMENTS AND SUGGESTIONS
Your remarks and comments are always welcome. You can send them to us by email at e-boutique@lesbainsguerbois.com.