General terms and conditions of sale Comptoir du Bambou

PREAMBLE

The present conditions are concluded between, on the one hand, the company LCDL SAS holding the brand name COMPTOIR DU BAMBOU, with a capital of 5000 euros.

Registered with the Paris RCS under number 801 962 366

Head office :

5 rue Rieux
92100 Boulogne-Billancourt - France

Siret 801 962 366 00028

Tel. 09.70.98.49.50

PRELIMINARY ARTICLE

The company Comptoir du Bambou creates, designs and markets textile articles.

ARTICLE 1 - SCOPE OF APPLICATION

In accordance with article L 441-6 of the French Commercial Code, these General Terms and Conditions of Sale form the sole basis of the commercial relationship between the parties.

These general terms and conditions of sale apply to all distance sales of articles bearing the COMPTOIR DU BAMBOU trademarks:

By telephone via the Customer Relations department set up by the Company.
Or via the Company's website identified, in particular, by the domain name: " www.comptoirdubambou.com "(hereinafter referred to as the "Site"):
- By orders placed by customers who are natural persons acting as consumers (within the meaning of the law and case law) and who have their usual place of residence in the international territory.
- With a view to delivery to the same natural person customers on their own behalf or to any third party of their choice who also has their usual place of residence in this territory and is a consumer (within the meaning of the law and case law).

Any sale of articles bearing the Company's trademarks via the Customer Relations Department and/or the Site is subject to these general terms and conditions of sale, which the customer accepts. These terms and conditions may be amended and updated from time to time. The conditions applicable to the ordering of an item by a customer are those in force on the day of the order.

Their purpose is to define the commercial conditions under which Comptoir du Bambou supplies textile articles to professional and private customers, referred to as "THE CUSTOMER".

These conditions apply, without restriction or reservation, to all sales of Comptoir du Bambou to its customers, regardless of clauses that may appear on customer documents, including its general conditions of purchase.

In accordance with the regulations in force, these General Conditions of Sale are systematically communicated to any customer who so requests, to enable him to place an order with Comptoir du Bambou.

Any order for goods from the customer implies acceptance of these General Terms and Conditions of Sale.

The information in Comptoir du Bambou's catalogues, leaflets and price lists is given as an indication and may be revised at any time.

Comptoir du Bambou is entitled to make any changes it deems useful. They will then be applicable as soon as they are put online.

The items offered for sale by Comptoir du Bambou are sold exclusively to the customer acting for his personal needs or those of his company.

ARTICLE 2 - PRODUCTS

Comptoir du Bambou is a company dedicated to selling textile products to professionals and private individuals.

Comptoir du Bambou does not guarantee that products will remain on sale for a given period.

Any complaint by the customer concerning the order or delivery of an unavailable item will be considered unfounded.

The essential characteristics of the products offered for sale are described and presented as accurately as possible.

The photographs of the products, in support of the text, do not form part of the contractual field.

Product size tolerance after first wash: + or - 8 %. As bamboo is a natural fibre, it may shrink slightly after the first wash (shrinkage varies according to the type of product and washing conditions).

Tolerance for dimensions and weight of framed linen or woven/embroidered inscriptions: a margin of 10 % more or less.

Colour shade tolerance: slight variations in colour between the Pantone given by the customer and the final dyeing of the bath linen may occur.

Comptoir du Bambou cannot be held responsible for the conditions of use and care of the linen.

ARTICLE 3 - ORDERS

For professionals

Product sales are perfect only after the establishment of an estimate and express written acceptance of the customer's order by Comptoir du Bambou, evidenced by an acknowledgment of receipt from Comptoir du Bambou. Orders must be confirmed in writing by means of an order form duly signed by the customer.

For individuals

Customers wishing to place an order select the product(s) of their choice by clicking on "Add to basket".

At any time, customers can :

Check the number of products in your basket and obtain detailed information.
Continue your product selection.
Complete your order by clicking on the "Checkout" button.

All new customers must complete the fields provided to create their customer account. Customers must complete the form provided accurately, including the information required for identification, including their e-mail address and a password of their choice (which will be personal and confidential) and which will be used later to identify themselves on the site.

Any customer who already has a customer account must identify themselves after clicking on "Validate" by entering their e-mail address and password.

The customer accepts that entering these two identifiers is proof of his/her identity.

It is compulsory to provide the personal information collected in the context of distance selling, as this information is required to process and deliver orders and to draw up invoices. This information is strictly confidential.

Once the customer has read their order and completed all the information requested, they acknowledge and accept the general terms and conditions of sale by ticking the appropriate box before confirming their order on the site.

Any changes to the order requested by the customer will be taken into account, within the limits of the possibilities of Comptoir du Bambou, if they are notified in writing at least 30 working days before the scheduled date for delivery of products ordered, after signing by the customer of a new order form and possible adjustment of price.

Comptoir du Bambou uses the same fibre for all its bath linen. However, like any natural fibre, our fibre may have a slight difference in suppleness and size depending on production. This tolerance is due to our production and fibre transformation process. Various factors have an impact: the processing temperature, the quality of the water and the humidity.

A margin of plus or minus 10 % on the quantity ordered is reserved by Comptoir du Bambou, except in the case of products in stock.

In case of cancellation of the order by the customer after its acceptance by Comptoir du Bambou, for any reason whatsoever except force majeure, the deposit paid with the order, as defined in the article "Terms of payment - Terms of payment" of these general conditions of sale, will be automatically acquired by Comptoir du Bambou and can not give rise to any refund.

ARTICLE 4 - TARIFFS

The products are sold at the prices in force on the day the order is placed, in accordance with the quotation previously drawn up by Comptoir du Bambou and accepted by the customer, as indicated in the article "Orders" above.

All prices are net and exclusive of tax ("HT").

An invoice is issued by Comptoir du Bambou and given to the customer upon final payment for the goods.

The customer may receive price reductions, discounts, rebates and discounts depending on the quantities of products ordered, at once and in one place, or the regularization of its orders under the conditions and according to the terms described in the tariffs Comptoir du Bambou.

ARTICLE 5 - PAYMENT CONDITIONS

Except in exceptional circumstances, the payment schedule is as follows:

A deposit corresponding to 50 % of the total price including VAT of the order is required when the order is placed.

The remaining 50 % of the total price including VAT must be paid within one week of receipt of the goods.

In the event of non-payment on the due date, Comptoir du Bambou shall be entitled to charge late payment penalties of 11.5 % per month of delay.

Pursuant to Articles L441.3 and L441.6 of the French Commercial Code, any payment made after the expiry of the payment deadline will result in the application of a flat-rate penalty of forty euros (€40) to compensate for recovery costs..

ARTICLE 6 - DELIVERY

When placing an order, the customer must specify any particularities that need to be taken into account for the delivery of the order (difficulty of access, impossibility of receiving the goods for a specific period of time). If they fail to do so, they will be responsible for any re-shipment costs.

Items are delivered to the delivery address indicated by the customer when placing the order.

The times indicated are average times and correspond to the processing and delivery times for items destined for metropolitan France.

Comptoir du Bambou cannot be held responsible for the material or financial consequences of a delay in delivery.

ARTICLE 7 - RECEPTION

Products always travel at the customer's risk.

By placing an order, the customer agrees to take delivery of the products ordered and to pay the price and transport costs. For orders outside mainland France, it is the customer's responsibility to find out about customs formalities.

Comptoir du Bambou guarantees that the products are subject to the necessary care to ensure their compliance with their description on the site.

However, the customer's attention is drawn to the fact that he alone is responsible for the conservation, use and maintenance of the products from the time of delivery.

In the latter case, the customer guarantees the personal acceptance of these general terms and conditions by the recipient of the parcel.

The customer is responsible for any damage that Comptoir du Bambou may suffer, directly or indirectly, due to non-compliance by itself or by the person taking delivery of products obligations under these general conditions of sale.

ARTICLE 8 - WITHDRAWAL, REFUND OR EXCHANGE

It is the customer's responsibility to check that the goods are in good condition at the time of delivery. No claims will be accepted after 72 hours from the date of delivery.

In accordance with Article L221-18 of the French Consumer Code,

Professionals and retailers have a statutory cooling-off period of 14 days from delivery of the product(s), except in specific cases covered by the law.
Individuals have a statutory right of withdrawal of 14 days from delivery of the product(s).

In the event of withdrawal, only the price of the item(s) purchased will be refunded, provided that they are not incomplete or damaged and that they are returned in their original packaging. Shipping and return costs will be borne by the customer.

In case of non-conformity of the goods delivered compared to your order or delivery of damaged goods, Comptoir du Bambou undertakes to refund or exchange the items. In this case, the shipping and return will be refunded upon proof.

The refund will be made within one month after receipt of items by the care of Comptoir du Bambou and the transmission of the order number indicated in the confirmation received by mail.

Depending on the initial method of payment, the refund will be credited to the customer's debit account or sent by cheque in the name of the customer who placed the order and to the billing address.

A lump sum of €10 will be deducted from the refund.

Returns should be sent to the following address:

DFO / Comptoir du Bambou

Returns service

ZA DE PIEDS SECS 1

RUE DE LA FOUCAUDIERE

72019 LE MANS

Embroidered or personalised products are neither refundable nor exchangeable.

ARTICLE 9 - COMPLAINTS

The products delivered by Comptoir du Bambou are subject to the most rigorous care before packaging and shipment, which is done so as to preserve the perfect conservation of products.

On receipt, it is the customer's responsibility to check the contents, condition and conformity of the product(s) delivered.

If a parcel is visibly damaged on receipt, the customer must make a note of the problem on delivery and record it immediately on the driver's delivery note or on the form provided for this purpose.

If the damage is inside the parcel, the customer must make any reservations in writing to the carrier as soon as possible, and within 72 hours at the latest. Reservations must be precise and detailed. A copy of this document must simultaneously be sent to Comptoir du Bambou by regular mail or e-mail, accompanied by the transport document.

In case of missing goods in the package, the customer must also notify Comptoir du Bambou within 72 hours of receipt of the package.

After verification and investigation with its services, Comptoir du Bambou undertakes, where appropriate, to return the missing goods by paying shipping costs.

Comptoir du Bambou strongly encourages the customer to have the parcels checked on receipt, in the presence of the carrier if possible.

You can contact our customer service department using our contact form or by sending an e-mail directly to the following address [email protected]

ARTICLE 10 - INTELLECTUAL PROPERTY RIGHTS

Comptoir du Bambou holds the intellectual property rights:

On the items offered on the site,
On the site, in particular on its tree structure, its organisation, the titles of its sections, its visual and graphic identity, its design, its ergonomics, its functionalities, the software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element making up the site,
On the databases, their structure and content, designed and managed by Comptoir du Bambou for the purposes of publishing the site,
On all the design elements of the site, whether graphic or technical,
On the names, acronyms, logos, colours, graphics, design, or other signs used, produced or implemented by Comptoir du Bambou.

It is therefore forbidden to reproduce, in any form whatsoever, directly or indirectly, the elements mentioned above, or to alter the trademarks, patents, names, acronyms, logos, colours, graphics, design or other signs appearing on the elements made available on the site. It is also forbidden to use or exploit these elements other than in the context of the performance of these conditions.

Reproduction or use of all or part of these elements is authorised exclusively for information purposes for personal and private use. Any reproduction or use of copies for other purposes is expressly prohibited. Consequently, it is strictly forbidden to keep, copy, reproduce, distribute, sell, publish, broadcast or use all or part of the elements sent to the customer, for any reason and on any medium whatsoever.

Any other use, without the prior written permission of Comptoir du Bambou, constitutes an infringement and is punishable under intellectual property.

Any creation of hypertext links to the home page of the site, or any other page of the site, is subject to the prior written Comptoir du Bambou.

ARTICLE 11 - PERSONAL & NOMINATIVE DATA

The personal information collected for the purposes of distance selling is compulsory, as this information is essential for the processing and delivery of orders and for the preparation of invoices.

Failure to provide this information will invalidate the order.

The customer gives his consent to the use of personal data collected under this order, as part of the customer file Comptoir du Bambou.

In accordance with law no. 78-17 of 6 January 1978, the processing of this personal information has been duly declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). This declaration bears the number 1805758 v 0.

The customer has at any time a right of access and rectification that can be exercised with Comptoir du Bambou.

ARTICLE 12 - SETTLEMENT OF DISPUTES AND APPLICABLE LAW

The present general conditions are subject to French law.

Any dispute relating to the validity, interpretation or performance of this contract will be subject to the jurisdiction of the courts of the domicile of Comptoir du Bambou.

Comptoir du Bambou is available to the customer to best resolve any dispute that may arise and find an amicable solution.

The customer may contact Comptoir du Bambou by telephone, fax, post or e-mail.

The website complies with French legislation, in particular distance selling regulations.