General terms and conditions of sale
Between the Company FREEMIUM SAS,
Located at 32D rue du Val André
78560 LE PORT MARLY
Tel. +44 20 80 89 16 18
SAS with a share capital of €2,000 registered with the Versailles Trade and Companies Register – SIRET 851 962 712 00010
Represented by Mrs. Valérie CATON in her capacity as President, duly authorised for the purposes hereof.
The company can be contacted by email at the following address: email@example.com or via the form here: https://www.bon-dos.com/acupressure-mat-cushion/#contact
Hereinafter referred to as “Vendor” / “The Company”.
On the one hand,
And the legal or natural person purchasing the company’s product(s),
Hereinafter referred to as the “Customer” or the “Buyer”.
On the other hand,
It has been set out and agreed as follows:
The Vendor sells wellbeing and acupressure products for consumers on their website www.bon-dos.com. The list and description of the products marketed by the Company can be consulted on said website.
Article 1: Object
The present General Terms and Conditions of Sale determine the rights and obligations of the parties within the framework of the online sale of products offered by the Vendor.
Article 2: General provisions
These General Terms and Conditions of Sale (GTS) govern the sales of products made on the Company’s website, and are an integral part of the contract between the Buyer and the Vendor. They are fully enforceable against the Buyer who has accepted them before placing the order.
The Vendor reserves the right to modify these GTC at any time by publishing a new version on their website. The applicable T&Cs are those in force at the date of payment of the purchase. These T&Cs can be found on the Company’s website at the following address:
The Company also ensures that their acceptance is clear and does not present any particular reservation at a box to be ticked by the Buyer and requiring a click for validation. The Customer declares that they have read all of the present General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale linked to a product, and accepts them without restriction or reservation.
The Customer acknowledges that they have benefited from the advice and information necessary to ensure that the offer is suitable for their needs.
The Customer declares that he is legally able to contract under French law or validly represent the legal or natural person for which he is committing himself.
The information recorded by the Company shall constitute proof of all transactions carried out.
Article 3: Price
The prices of the products sold on the website are inclusive of tax and in € and are clearly displayed on the product pages of the website. They are also indicated in € including all taxes on the product order page, excluding special shipping costs.
In some countries, customs duties or other local taxes as well as import duties or state taxes may be payable in certain cases. These duties and taxes are not the responsibility of the Vendor. They remain at the expense of the buyer and are their responsibility (appropriate declarations, payment to the competent authorities, in particular). As such, the Vendor advises the Buyer to inquire about these matters with the relevant local authorities. The Company reserves the right to modify its prices at any time. The connection costs inherent in accessing the Company’s website remain the responsibility of the Client. This is also applicable to delivery costs unless otherwise indicated on the site or specific promotion.
Article 4: Conclusion of the contract online
In accordance with the provisions of Article 1127-1 of the French Civil Code, the Customer must approve several steps to finalise the contract electronically and thus complete their order: Information on the main characteristics of the product, choice of the product and, where appropriate, the product(s) options, filling out their primary contact details (surname, first name, postal address, email address), acceptance of these General Terms and Conditions of Sale, verification of the order details and, where appropriate, the opportunity to modify any errors.
Before proceeding to the validation of their purchase, the Buyer has the opportunity to check the details of their order and its total price, and thus to correct any errors or cancel their order. The effective confirmation of the order will lead to the creation of the present contract.
In the next step the Customer will receive instructions on how to pay for the product(s) and for the delivery of the order.The Customer will receive email confirmation of their order and payment as an acknowledgement of receipt.
The language of the conclusion of the contract is the English language.
The storage of the exchanges, the order and its details, as well as the invoices, is ensured on a reliable, secure and durable medium so as to provide a faithful copy in accordance with the provisions of Article 1360 of the French Civil Code. This information may be produced as evidence relating to the contract.
The delivery of the product(s) will be made to the address stipulated by the Customer. The Customer undertakes to provide accurate and truthful identifying information in order to ensure the proper execution of the order. The Vendor reserves the right to refuse an order, in particular for any request made in bad faith or considered abnormal or for any other legitimate reason.
Article 5: Products and services
The main product specifications and related prices are available to the Buyer on the company’s website, as well as the product use instructions. Before any conclusion of the sales contract, and in accordance with Article L112-1 of the Consumer Code, the consumer is duly informed of the prices and special conditions of sale and performance of services by means of labelling, marking, display or any other appropriate process. In any case, the total amount due by the Buyer is duly mentioned on the order confirmation page. The sale price of the product(s) is the price in force and indicated on the day of the order, the latter being understood to exclude shipping costs, invoiced separately (unless otherwise stated or a special promotion in the case of free shipping). Possible shipping costs are indicated to the Buyer during the purchase process and, in any event, when confirming the order. The Vendor reserves the right to modify their prices at any time and guarantees the application of the price indicated at the time of the order.
When the products are not delivered immediately, information is clearly indicated on the product page of the site as to the delivery dates of the said products. The customer certifies that they have received a breakdown of the delivery costs and the terms of payment, delivery and performance of the contract, as well as detailed information relating to the Vendor’s identity as well as their postal, telephone and electronic contact details. The Vendor undertakes to honour the Customer’s order, limited only by available product stocks. Failing this, the Vendor shall inform the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Vendor shall reimburse the Customer.
Contractual information is provided in detail and in English. The parties agree that the photos or illustrations of the products offered for sale on the site have no contractual value. The validity period of the products offered and their prices are specified on the Company’s website. Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or to the person holding the email address provided).
Article 6: Compliance
In accordance with Article L.411-1 of the French Consumer Code, the products offered for sale through the intermediary of these GCS comply with the regulations in force relating to the health and safety of persons, the fairness of commercial transactions and consumer protection. Irrespective of any commercial guarantee, the Vendor remains liable for defects in compliance and latent defects of the product.
In accordance with article L.217-4, the Vendor shall deliver a product in conformity with the contract and shall be liable for any lack of compliance existing at the time of delivery. They shall also be liable for defects in compliance resulting from packaging, assembly or installation instructions if these were made by them under the contract or were carried out under their responsibility.
In accordance with the legal provisions regarding compliance and hidden defects (art. 1641 of the French Civil Code), the Vendor undertakes to reimburse or exchange products that are defective or do not correspond to the order. Reimbursement can be requested by sending an email to firstname.lastname@example.org. After the Vendor has expressed their agreement in response to the email, the Buyer will return the product to the address indicated in the email and will be reimbursed within a week upon receipt of the product and after checking it. Its use must have been in accordance with the indications provided by the Vendor and must not have been damaged by the Buyer.
Article 7: Retention of title clause
The products shall remain the full property of the Company until full payment of their price.
Article 8: Terms and conditions of delivery
The products shall be delivered by the Vendor to the delivery address indicated by the Buyer at the time of the order and within the specified time limits. These deadlines do not take into account the preparation time of the order.
In the event of late delivery, the Customer has the option cancelling the order under the terms and conditions defined in Article L 138-2 of the French Consumer Code. The Vendor shall then proceed to refund the product and “outward” shipping costs under the conditions provided for in Article L 138-3 of the Consumer Code. The Vendor reminds the Customer that when they physically receive the products, the risks of loss or damage are transferred to the Customer. It is the Customer’s responsibility to notify the carrier of any reservations about the product delivered.
Article 9: Availability and presentation
In the event of an article being unavailable for a period of more than 14 working days, the Customer will be immediately informed of the expected delivery times and the order for this article may be cancelled upon request. The Customer may then request a credit for the amount of the article, or its full refund and cancellation of the order.
Article 10: Payment
Payment is due immediately with the order. The Customer may pay by bank card or PayPal. Cards issued by banks established outside of France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made via our bank, the payment service provider. The information transmitted is properly encrypted and cannot be read during transmission over the network. Once payment has been authorised by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating their bank details at the point of sale, the Customer authorises the Vendor to debit their card for the amount relating to the price indicated. The Customer confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In the event of an error or inability to debit the card, the sale is immediately cancelled by law and the order is cancelled.
Article 11: Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, at the date of order receipt, the Buyer has a period of fourteen (14) days to retract without giving a reason.
This right of withdrawal can be exercised by sending an email to email@example.com. In the event of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the “outward” shipping costs shall be refunded within 15 days, the return shipping costs remaining the responsibility of the Customer.
Product returns must be complete and in their original condition (packaging, accessories, instructions, etc.); they must also be accompanied by a copy of the proof of purchase.
Article 12: Guarantees
In accordance with the regulations, the Vendor assumes the guarantees of compliance and the guarantees relating to any latent defects of the products. The Vendor shall reimburse the Buyer or exchange the defective products, or those that do not correspond to the order made. The request for exchange or refund must be made by email to firstname.lastname@example.org.
The Vendor reminds the consumer that they have a period of 2 years from delivery of the goods to act with the Vendor. The Buyer may choose between replacement or repair of the goods subject to the conditions laid down in the above-mentioned provisions. The Buyer may also invoke the guarantee against latent defects of the item sold within the terms of article 1641 of the French Civil Code and, in this case, they may choose between cancellation of the sale or a reduction of the sale price (provisions of articles 1644 of the French Civil Code).
Article 13: Claims and mediation
If necessary, the Buyer may submit any complaint by contacting the company by email at email@example.com
In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the French Consumer Code, the consumer is informed that they may have recourse to a consumer ombudsman under the conditions provided for in Title I of Book VI of the French Consumer Code.
In the event of failure of the complaint to the Vendor’s customer service department or in the absence of a response within two months, the Buyer may submit the dispute to a mediator who will make an independent attempt to bring the parties together with a view to obtaining an amicable solution.
Article 14: Cancellation of the contract
The Buyer may cancel the order by registered letter with acknowledgement of receipt in the following cases:
– Delivery of a product that does not conform to the specifications of the initial order
– Delivery beyond the deadline set at the time of the order or, failing that, within 30 days of payment
– Unjustified increase in price or product modification
Article 15: Intellectual property rights
The trademarks, domain name, products, software, images, videos, texts or more generally any information subject to intellectual property rights are the exclusive property of the Vendor. No transfer of intellectual property rights shall be made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16: Force majeure
The fulfilment of the Vendor’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure which would prevent the fulfilment thereof. The Vendor shall notify the customer of the occurrence of such an event at the earliest opportunity.
Article 17: Annulment and amendment of the contract
If one of the stipulations of the present contract were to be annulled, such annulment would not entail the nullity of the other stipulations which would remain in force between the parties. Any contractual changes are only valid after a written, signed agreement of the parties.
Article 18: Protection of personal data
Personal data protection policy
When browsing our site, the Buyer is asked to provide the Vendor with personal data. Here, the Vendor shall inform the Buyer about the use of their data as well as their rights. The person responsible for processing personal data is the company FREEMIUM SAS, the contact details of which appear at the top of this document.
Purposes of data collection and processing
The personal data collected on this site are used to process orders and manage the commercial relationship (deliveries, invoices, after-sales service). The Vendor may also use the Buyer’s data for advertising purposes, either with the Buyer’s express consent or to the extent permitted by law. The Vendor is also likely to use the Buyer’s data to meet any legal and/or regulatory obligations.
Recipients of personal data
The recipient of the Buyer’s personal data collected on this site is first and foremost the Vendor for order processing and customer relationship management. Other recipients of this personal data are, where appropriate, providers of methods of payment or payment security, delivery service providers, or business partners. If required by law, the Buyer’s consent shall be obtained and the Buyer shall be given the opportunity to opt out prior to any transmission of data.
The person whose personal data is processed has the right to access, rectify and object to the processing of their personal data. The Buyer may exercise these rights by contacting firstname.lastname@example.org
Commercial prospecting by email
If the Buyer no longer wishes to receive commercial canvassing by email, they may at any time let the Vendor know by clicking on the unsubscribe link in one of the emails received.
Article 19: Applicable law and terms
All the clauses contained in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, shall be subject to French law.
The annulment of a contractual clause does not entail the annulment of these general terms and conditions of sale.
Any dispute will be brought to the attention of the Commercial Court of Versailles.
Article 20: Information for consumers
For the purposes of consumer information, the provisions of the French Civil Code and the French Consumer Code are presented below:
Article 1641 of the French Civil Code: The Vendor is bound by the guarantee for any hidden defects of the item sold which render it unfit for its intended use, or which so diminish its use that the buyer would otherwise not have acquired it, or would have paid a lower price for it, if they had been aware.
Article 1648 of the French Civil Code: The action resulting from latent defects must be brought by the buyer within a period of two years following the discovery of the defects. In the case provided for by Article 1642-1, the action must be filed, under penalty of foreclosure, within one year following the date on which the vendor becomes relieved of the apparent defects or lack of compliance.
Article L. 217-4 of the French Consumer Code: The vendor shall deliver goods in conformity with the contract and shall be liable for any lack of compliance existing at the time of delivery. They shall also be liable for any lack of compliance resulting from the packaging, assembly instructions or installation, if this has been entrusted to them by the contract or has been carried out under their responsibility.
Article L. 217-5 of the French Consumer Code:
The goods comply with the contract:
1) If they are suitable for the use normally expected of similar products and, as applicable:
– If they correspond to the description given by the vendor and have the qualities that the vendor presented to the buyer in the form of a sample or model;
– if they have the qualities that a buyer can legitimately expect given the declarations made by the vendor, the manufacturer or their its representative, in particular as regards the advertising or labelling;
2) Or if they have the characteristics defined by mutual agreement by the parties or are suitable for any specific use required by the buyer, which was brought to the attention of the vendor and that the vendor accepted.
Article L. 217-12 of the French Consumer Code: Actions that result from a lack of compliance are time-barred after a period of two years following delivery of the goods
Article L. 217-16 of the French Consumer Code: Where the buyer asks the vendor, during the period of the commercial guarantee offered by the vendor and upon the purchase or repair of a tangible good, for a repair under the terms of such guarantee, and where the product is out of use for at least seven days, this period shall be added to the remaining guarantee period. This period shall be calculated from the date on which the buyer submits their request or on which the product concerned is provided for repair, whichever comes first.