1. The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer of the terms and conditions under which the seller processes sales and delivers ordered products, and on the other hand, to define the rights and obligations of the parties in the context of the sale of products by the seller to the consumer which apply, without limitation or reservation, to all sales made by BEDANDPHILOSOPHY, “EURL Sonia Provost”, of products from the patented brand BEDANDPHILOSOPHY, as offered on its website www.bedandphilosophy.com
Consequently, the act of ordering a product offered for sale on the website www.bedandphilosophy.com by any person constitutes their full and complete acceptance of these general terms and conditions of sale, which the Buyer acknowledges having consulted prior to ordering goods.
Prior to making an order, the Buyer attests to having full legal capacity, allowing them to enter into these general terms and conditions of sale. BEDANDPHILOSOPHY, “EURL Sonia Provost” reserves the right to modify these general terms and conditions of sale at any time.
2. Company details
BEDANDPHILOSOPHY, “EURL Sonia Provost”, SIREN (Company registration no.) 498057785 Head office: 1, place de l’église, 81220 Guitalens Lalbarède, France.
3. Access to the Website
The Buyer is personally responsible for setting up the IT and telecommunications resources required to access the website www.bedandphilosophy.com
Any telecommunications costs incurred during access to the internet and use of the website are at the sole expense of the Buyer.
4. Formation of the contract and orders
4.1. The sales price of products online
On the website www.bedandphilosophy.com, the sales prices, indicated in Euros, are those in effect at the time the Buyer’s purchase order is registered. These prices do not include shipping costs, which are invoiced in addition to the price of the purchased products in accordance with the order amount. Shipping costs shall be indicated before the order is registered by the Buyer.
4.2. Product characteristics
Availability: In accordance with Article L 111-1 of the French Consumer Code, the Buyer can, prior to ordering, consult the key characteristics of any product(s) that they wish to purchase on the website www.bedandphilosophy.com. The Buyer selects one or more products from the different categories offered on the website www.bedandphilosophy.com: The offers available on the website www.bedandphilosophy.com are only valid while stock is still available. Photographs, graphics and descriptions of products for sale are indicative only and do not bind the seller in any way.
The placing of an order implies acceptance of these general terms and conditions of sale, without limitation or reservation. From the moment when the Buyer registers their order by clicking on the “Place order” icon, it is considered that they have knowingly and unreservedly accepted these general terms and conditions of sale, the prices, volumes and quantities of the products for sale and ordered.
The Buyer can place an order via the internet on the website www.bedandphilosophy.com.
The Buyer will receive confirmation of the order from BEDANDPHILOSOPHY, “EURL Sonia Provost”, via email. Sales will not be deemed finalized until after the Buyer has been sent confirmation of the order by BEDANDPHILOSOPHY, “EURL Sonia Provost” and until the full price of the order has been collected by the company.
BEDANDPHILOSOPHY, “EURL Sonia Provost” recommends that the Buyer keep a copy of this information, either in paper or electronic format.
5. Payment of prices
The Buyer shall pay the total price of goods when placing the order. At no time may the amounts paid be considered as a deposit or installment. Payment for the full amount shall be taken by BEDANDPHILOSOPHY, “EURL Sonia Provost” at the moment the order is confirmed.
All orders are payable in Euros.
The price indicated on the purchase order is understood to be inclusive of taxes. The Buyer must be able to pay for the order with one of the payment methods indicated on the purchase order: Bank transfer or bank card. The Buyer assures BEDANDPHILOSOPHY, “EURL Sonia Provost” that they hold the potential required authorizations to use the payment method selected, when registering the purchase order.
BEDANDPHILOSOPHY, “EURL Sonia Provost” reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of performance, in the event of non-payment of any sum that may be due by the Buyer, or in the event of an issue with payment. Charges of an amount equivalent to the legal interest rate are applicable, ipso jure, for any amount that remains unpaid following a period of ten days after the invoice date or upon notification that the payment has been rejected by the bank, for any other method of payment. The delivery of any subsequent orders may be suspended in the event of late payment for a previous order and this notwithstanding the provisions of these terms and conditions.
BEDANDPHILOSOPHY, “EURL Sonia Provost” reserves the right to request a photocopy of the Buyers ID card for any payment by bank card. With a view to combating fraud on the internet, information relating to your order may be sent to a third party for verification. Payment by bank card is processed via the SYSTEMPAY e-commerce platform of Natixis Banque Populaire. Your payment identifiers are thus not saved on our website.
6. Selection of products
Having consulted the products and their characteristics as marketed by BEDANDPHILOSOPHY, “EURL Sonia Provost”, the Buyer is solely responsible for the choice of product(s) that constitute their order, and for ensuring it is in line with their needs, as previously determined before placing any order.
7. Delivery and receipt
7.1 – General rules
Products shall be delivered to the address indicated by the Buyer on the purchase order, in Mainland France, Corsica, French Overseas Departments and Territories, as well as internationally.
The Customer is responsible for entering the information while placing their order (product ordered, delivery address, invoice address, telephone numbers, etc.).
BEDANDPHILOSOPHY, “EURL Sonia Provost” shall not be held liable for any potential data entry errors by the customer, or any consequences in terms of a delivery error or delay, including in the case where the order is placed by phone. Therefore, if delivery cannot take place due to a data entry error by the customer, the re-shipping costs shall be at the expense of the customer. In this case, the customer waives any right to a claim related to delivery delays.
BEDANDPHILOSOPHY, “EURL Sonia Provost” offers its customers delivery via the Postal Service or via a carrier, in accordance with the products ordered. Failure to comply with the procedures outlined below shall result in the refusal of any claim made by the Buyer.
7.2 – Characteristics of delivery via carrier or via the Postal service
The Buyer shall receive delivery at their home address via carrier or via the Postal service. In the event of absence, the Buyer or the recipient of the product ordered shall receive a non-delivery notification, enabling them to contact the carrier or the Postal service so that the delivery can take place when the Buyer is present.
The Buyer is responsible for checking, in the presence of the delivery person, the condition of the packaging of the goods and its contents, at the time of delivery. In the event where the Buyer has a concern of whatever nature regarding the condition or contents of their package, they are responsible for: – applying the procedure set by the Postal service or carrier (in particular reporting the damage, any claims and reservations), refusing the goods by immediately issuing a statement of complaint to the Postal service or carrier and reporting these incidents to BEDANDPHILOSOPHY, “EURL Sonia Provost”.
7.3 – Delivery times
The average time taken for a delivery to leave the warehouse of www.bedandphilosophy.com is as follows: 3 to 10 days. This delivery time is only provided as an indication. Potential delivery delays shall not constitute a valid reason for compensation, revoking or cancellation of orders by the Buyer. In any case, and in accordance with the provisions of Article L 121.20.3 of the French Consumer Code, the products ordered shall be delivered within a maximum of thirty days from the day after the date on which the Buyer registered their order, subject to full payment of the order price. If delivery has not been made within this timeframe, the Buyer shall be given the option to cancel their order. Any sums paid by the Buyer shall be returned forthwith, with the exception of any other compensation. In the case of late delivery in relation to the date originally set, the Buyer must notify the company in writing (letter, fax or email) to email@example.com in order to improve the quality of service provided to them, and to allow BEDANDPHILOSOPHY, “EURL Sonia PROVOST” to investigate the incident with the carrier. An investigation with the carrier can take up to 21 working days. If during this period, the product is found, it will be immediately resent to the place of delivery indicated on the purchase order. However, if the product ordered is not found at the end of this 21-day investigation period, BEDANDPHILOSOPHY, “EURL Sonia Provost” shall, at its own expense, resend the products ordered by the Buyer. In the event where the product ordered is no longer available, the provisions outlined in Article 8 shall apply. In case of product exchange, the delivery costs shall be at the consumer’s expense.
7.4. Quality or compliance issues
In case of delivery of a product that does not correspond to the order (defective or non-compliant), the Buyer must make a claim within 7 days of signing the delivery slip.
Claims must be sent by registered letter with acknowledgment of receipt to the address indicated in Paragraph 2 of these terms and conditions, and must include:
– The Buyer’s contact details.
– The product references.
– The reasons for the claim.
Products must be returned within a period of seven working days from the allocation of a return reference number by customer services at BEDANDPHILOSOPHY, “EURL Sonia Provost”. Failing this, BEDANDPHILOSOPHY, “EURL Sonia Provost” shall refuse to exchange or refund any products thus ordered. Any product to be exchanged or refunded must be returned to BEDANDPHILOSOPHY, “EURL Sonia Provost” in its original condition and packaging, and must include the product in its entirety and its accessories.
8. Right of Withdrawal
In accordance with Article L121-20 of the French Consumer Code, the Buyer has a period of seven days from the date of receipt, to return the products ordered, at their own expense, to obtain a refund.
It is imperative that products be returned to BEDANDPHILOSOPHY, “EURL Sonia Provost”, in perfect resale condition, i.e. in their original condition (packaging, accessories, information leaflet, etc.), duly sealed and accompanied by the invoice corresponding to the order. Similarly, if the product contains a warranty form or any other document to be completed, said document must not be completed if the Buyer is to exercise their right of withdrawal. Any product that is incomplete, damaged or of which the original packaging is damaged, shall not be refunded or exchanged. In the case where the Buyer exercises their right of withdrawal, they will be asked to choose between:
– a monetary refund, either by re-crediting the bank card used during the initial order or, if this is not possible, by letter/check.
9. General conditions of refund
Subject to the specific provisions stipulated in point 8 above, any refund at the expense of www.bedandphilosophy.com shall be paid by re-crediting the bank card used during the initial order or, if this is not possible, by letter/check.
10. Reservation of ownership
BEDANDPHILOSOPHY, “EURL Sonia Provost” retains full and exclusive ownership of the products sold until full payment has been received, including its principal and any charges and taxes.
11.1 – In terms of latent defects that may affect the delivered products, BEDANDPHILOSOPHY, “EURL Sonia Provost” only guarantees the Buyer a replacement of defective products, or parts rendering them unfit for their use, without being considered by the Buyer as liable for possible harmful consequences that these latent defects could have caused.
11.2 Under no circumstances shall the warranties cover:
– Improper or non-compliant use of products.
– The damages specifically mentioned in the item description sheets.
– The defects and their consequences linked to non-compliant use other than that for which the product is intended (professional, collective use, etc.)
BEDANDPHILOSOPHY, “EURL Sonia Provost” shall not be held liable for the non-performance of the contract in case of a product being out of stock or unavailable, force majeure, disruption or total or partial strike including postal services and means of transport and/or communications. BEDANDPHILOSOPHY, “EURL Sonia Provost” shall not be held liable for any indirect damages that may result from the purchase of products. BEDANDPHILOSOPHY, “EURL Sonia Provost” shall not be held liable for any loss of data or files. It is the Buyer’s responsibility to perform all necessary backups. BEDANDPHILOSOPHY, “EURL Sonia Provost” shall not be held liable for a total or partial inability to use products, nor shall this give rise to the payment of compensation or a refund. The website www.bedandphilosophy also contains information from third party sources and links to other websites. On no account, shall BEDANDPHILOSOPHY, “EURL Sonia PROVOST” be held liable for damages resulting from the use of, access to, or inability to use this third party information or the content of other websites.
13. Partial invalidity
Should one or more of the provisions of these general terms conditions of sale be deemed invalid or be declared as such pursuant to a law, a regulation or following a definitive decision by a competent court, the other provisions shall remain in full force and effect.
The fact that one of the parties does not claim a breach with the other party for any of the obligations referred to in these general terms and conditions of sale whatsoever, cannot be interpreted in the future as a waiver of the obligation in question.
15. Applicable law
The sale of products by BEDANDPHILOSOPHY, “EURL Sonia Provost” is governed by French law.
16. Data Protection
The information collected by BEDANDPHILOSOPHY, “EURL Sonia Provost” when a Buyer places an order is required for management of said order by BEDANDPHILOSOPHY, “EURL Sonia Provost” and its commercial partners. In accordance with the French Data Protection Act no. 78-17 of 6 January, 1978, the Buyer has a right to access, rectify, oppose and delete any data concerning them, held by BEDANDPHILOSOPHY, “EURL Sonia Provost”.
17. Customer Services and order tracking
The Buyer can email Customer Services with any questions at: firstname.lastname@example.org