Bonnemazou-cambus is a creative agency based in Bordeaux, France.
Bonnemazou cambus offers a collection of hardware items manufactured in small series, and allows you to purchase them by direct order or online on its website bonnemazou-cambus.fr.
The terms used in the Conditions shall have the meaning given to them below:
Buyer : natural person acting as a consumer, i.e. to meet a private need, acquiring Products through the Site
bonnemazou-cambus : the company BONNEMAZOU CAMBUS SARL, a limited liability company with capital of €1,000, registered under number 799 530 043 RCS of Bordeaux, whose head office is located at 66 rue du Sablonat 33800 Bordeaux, France, with intra-community VAT number: FR40799530043.
For any information,
please contact us at info@bonnemazou-cambus.fr
Telephone: +33(0)9 51 57 31 18
Order : purchase order from the Buyer relating to one or more Products and accepted by bonnemazou-cambus in application of the Conditions.
Product : hardware items manufactured in small series offered for sale on the Site by bonnemazou-cambus
Site : Internet site accessible at the address www.bonnemazou-cambus.fr on which bonnemazou-cambus offers the Products for sale.
Any order placed on the Site entails the unconditional acceptance by the Buyer of these conditions. These general conditions may be modified at any time and without notice by bonnemazou-cambus, the applicable conditions being those in force on the date of the order by the Buyer.
ARTICLE 2: PRODUCTS AND CONFORMITY
The Customer is required to refer to the description of each Product in order to know its properties and essential characteristics.
2.1. The Products presented on the Site are contemporary pieces, our finishes are made manually, they are considered unique and singular creations. These are not industrial finishes.
2.2. Some finishes do not receive varnish and are subject to the patina phenomenon which causes a change in their appearance over time. Consequently, the finish may vary slightly from one piece to another depending on the light, air humidity, etc. Exchanges will not be accepted on this basis alone.
2.3. The Products are also presented on the site by photographs. The perception on the screen may be slightly different from the real object. The differences that may exist between an image and the real characteristics of the objects cannot be considered as defects and no dispute or refusal of the order for these reasons can be accepted.
2.4. All dimensions are available for each Product sold on this Site. When ordering, it is the Customer's responsibility to ensure that the Products are suitable for their intended use (door or cupboard). When purchasing large plates, if they are fitted with a lock or L key or European cylinder lock, the Buyer must check that the locks installed on their destination door comply with the French standard as explained in the "our advice" tab.
ARTICLE 3: OBLIGATIONS OF THE BUYER
3.1. The Buyer undertakes to communicate to bonnemazou-cambus the exact and necessary information for the transaction subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone number and valid e-mail.
In case of error in the delivery details. The Buyer will be solely responsible and will have to pay the costs of a new delivery.
ARTICLE 4: PRICE
4.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, contribution to order processing costs and packaging costs.
Prices are firm, without discount, rebate or rebate.
4.2 These prices may be modified at any time by bonnemazou-cambus. The prices displayed are only valid on the day of the order and do not have effect for the future. The price applicable to the Buyer is the one in effect at the time of the order.
Shipping costs, contribution to order processing costs and packaging costs will be indicated in the Buyer's basket, before final validation of the order.
ARTICLE 5: AVAILABILITY
The Products are offered for sale within the limit of available stocks. Bonnemazou-cambus informs the Buyer of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite the vigilance of bonnemazou-cambus, the Products are unavailable, bonnemazou-cambus will inform the Buyer by e-mail as soon as possible.
Permanent or temporary unavailability cannot in any case engage the responsibility of bonnemazou-cambus, nor can it open any right to compensation or damages in favor of the Buyer.
In the event of temporary unavailability of a Product, bonnemazou-cambus will inform the Buyer of the new deadlines. If this deadline exceeds 30 days after the order, the Buyer may cancel his order.
In the event of permanent unavailability, the Buyer's order will be automatically cancelled. In both cases, the Buyer will be reimbursed for the payment of the sums he has paid no later than fourteen (14) days following the date on which the contract was terminated.
Article 6: TERMS OF ORDERS
To order, the Buyer must select the desired Products on the Site and then click on the "Basket" button. After having checked the contents of the Order in his "Basket", the Buyer will confirm his Order by validating his contact details, and having previously read and accepted without reservation all of these Conditions. It is specified that no Order will be validated and taken into account by bonnemazou-cambus if one of the "mandatory information" fields of the Order form is not completed by the Buyer.
An order summary then appears on the screen, this page displays the Buyer's billing address, the delivery address of the Products, a summary table of the order (nature, quantity and price of the Products), the total amount of the order, the flat rate amount of the shipping costs. The Buyer can still modify the information entered on this page.
After confirming the content of his Order, the Buyer will validate it by payment. The Buyer acknowledges and accepts that this final validation of the order and the "double click" associated with it, entails irrevocable acceptance of the Order and the resulting payment obligation with regard to bonnemazou-cambus, subject to the limits provided for in these Conditions.
The Order will only be definitively validated by bonnemazou-cambus upon payment of the price corresponding to the Product(s) ordered, upon bank debit authorization in the case of payment by bank card online.
bonnemazou-cambus reserves the right not to validate the Order in the event of existing dispute(s) with the Buyer, total or partial non-payment of a previous order by the Buyer. In the event that the Customer's payment cannot be completed, for any reason, the Order would be cancelled and the sale automatically resolved.
ARTICLE 7: PAYMENT
Payment is secure. Payment will necessarily be made by credit card via the secure Shopify Payments portal. No credit card data of the Buyer is stored on the Site. The accepted credit cards are those of the Carte Bleue, Visa, Eurocard / Mastercard networks. We also offer the possibility of paying for your order via PayPal.
The transaction is immediately debited from the Buyer's bank card after verification of the card details, upon receipt of the debit authorization from the company issuing the bank card used by the Buyer.
In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By communicating the information relating to his bank card, the Buyer authorizes bonnemazou-cambus to debit his bank card for the amount corresponding to the all-inclusive price.
For this purpose, the Buyer confirms that he is the holder of the bank card to be debited and that the name on the bank card is indeed his. The customer communicates the sixteen digits and the expiry date of his credit card as well as, where applicable, the numbers of the visual cryptogram.
In the event that the debit of the all-inclusive price is not possible, the online sale will be immediately terminated by operation of law and the order will be cancelled.
ARTICLE 8: ACKNOWLEDGMENT OF RECEIPT OF THE ORDER
Following payment and at the latest before delivery, a summary document of the Order is sent to the Buyer by email to the email address provided by the Buyer.
This document constitutes an acknowledgement of receipt. It includes all the essential elements constituting the contract between the Buyer and bonnemazou-cambus.
The order is recorded in the bonnemazou-cambus registers, which are themselves stored on a reliable and durable medium. The Buyer accepts that it is considered as proof of the contractual relations between the Parties.
ARTICLE 9: DELIVERY
Delivery times are indicated on the Site and may vary depending on the nature and availability of the products ordered.
The products are shipped with the delivery note, to the delivery address indicated by the Buyer when ordering.
In the event of a delay in delivery, the order is not cancelled. bonnemazou-cambus informs the Buyer by email that delivery will be delayed. The Buyer may then decide to cancel the order.
In order for these deadlines to be respected, the Buyer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, floor, etc.).
bonnemazou-cambus cannot be held responsible for the consequences due to a delay in delivery if proof is provided that the non-performance or poor performance of the contract is attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
In the event of delivery requiring an appointment with the Buyer, bonnemazou-cambus cannot be held responsible for a delay or impossibility of delivery due to the repeated unavailability of the Buyer.
In the event of damaged packages (already opened, missing products, etc.), the Buyer undertakes to notify bonnemazou-cambus, by any means, of any reservations within 24 hours of receipt of the product.
ARTICLE 10: RIGHT OF WITHDRAWAL & RETURN
The Buyer has a period of fourteen (14) days from receipt of a Product purchased on the Site to withdraw (RETURN COSTS ARE THE BUYER'S RESPONSIBILITY).
To exercise the right of withdrawal, the Buyer notifies bonnemazou-cambus of his decision to withdraw, where applicable, using the withdrawal form below by means of an email sent to the following address: shop@bonnemazou-cambus.fr
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of bonnemazou-cambus - 66 rue du Sablonat 33800 Bordeaux - shop@bonnemazou-cambus.fr :
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):_________________________________________
Name of consumer(s):_____________________________________
Address of consumer(s):__________________________________
Signature of the consumer(s) (only if this form is notified on paper):_______________________________
Date :_____________________
(*) Delete as appropriate.
If the right of withdrawal is exercised within the appropriate time frame and form, bonnemazou-cambus will then send an email explaining the return procedure.
The Product must be returned within a maximum of fourteen days following the Buyer's notification of their decision to withdraw in its original packaging, in its original condition and accompanied by the invoice (or a copy) to the address indicated in the email explaining the return procedure.
It will be the Buyer's responsibility to keep any proof of return. Return costs are the responsibility of the Buyer, who is free to choose the shipping method
In the event of an error attributable to Bonnemazou-cambus (order preparation error), Bonnemazou-cambus will cover the cost of returning the item. The Buyer must send the carrier's invoice to Bonnemazou-cambus to obtain compensation.
If the item is not returned by the Buyer within fourteen days of the Buyer communicating his decision to withdraw, the return is considered cancelled and the Buyer must keep the product.
All sums paid, including delivery costs, will be reimbursed within a maximum of fourteen (14) days from the date on which the Buyer is informed of the decision to withdraw, the reimbursement being however deferred until recovery of the Products.
The amount to be refunded will be credited to the Buyer's bank account via the payment method used when ordering.
If the Buyer fails to comply with these conditions, in particular the return conditions, bonnemazou-cambus will not be able to reimburse the Products concerned.
ARTICLE 11: TRANSFER OF RISKS
Any risk of loss or damage to the products is transferred to the Buyer at the time when the latter or a third party designated by him, other than the carrier, takes physical possession of these goods.
Consequently, it is the Buyer's responsibility to open the package upon receipt in order to check its condition. In the event of damage to the goods due to transport, the Buyer must imperatively report his observations on the carrier's delivery note.
At the same time, the Buyer must inform bonnemazou-cambus (shop@bonnemazou-cambus.fr) by email as soon as possible.
bonnemazou-cambus then undertakes to replace, at its own expense and as quickly as possible, the product damaged during transport.
ARTICLE 12: RESPONSIBILITY
Bonnemazou-Cambus cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
ARTICLE 13: FORCE MAJEURE
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.
Expressly, cases of force majeure or unforeseeable circumstances are considered to be those usually accepted by the case law of French courts and tribunals. All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
ARTICLE 14: GUARANTEES
Legal guarantee of conformity
In accordance with its legal obligations, Bonnemazou-cambus is liable for any lack of conformity appearing on the Goods under the following conditions:
The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the good is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the good occurs after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the civil code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
To activate the legal guarantee of conformity, the Products must be returned in the condition in which they were received with all the elements (accessories, instructions, etc.), as well as a copy of the purchase invoice. In this case, the costs of returning the product will be reimbursed to you on the basis of the invoiced rate and upon presentation of supporting documents.
When the product has a defect, the Buyer may also implement the warranty against hidden defects within two years from the discovery of the defect. It will then be up to the Buyer to prove in particular that the defect existed at the time of purchase, that it was hidden and that it renders the product unusable.
ARTICLE 15: GENERAL PROVISIONS
15.1. Partial invalidity of a clause
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.
15.2. Update
These general conditions may be modified at any time and without notice by Bonnemazou-cambus, the applicable conditions being those in force on the date of the order by the Buyer.
These general terms and conditions of sale are permanently accessible at the following address: https://bonnemazou-cambus.fr/pages/cgv in a computer format allowing them to be printed and/or downloaded, so that the Buyer can reproduce or save them.
15.3 Customer Service
For any information or questions, customer service can be reached at the contact details mentioned in article 1 above.
15.4. Applicable law – Competent court
These general conditions are subject to French law with regard to both substantive and formal rules.
15.5 Mediation
In the event of a dispute, the Buyer will first contact Bonnemazou-cambus sarl to obtain an amicable solution. In the absence of an amicable resolution, and in accordance with Article L 612-1 of the Consumer Code, the Buyer may contact the consumer mediator in order to request an amicable settlement of the dispute.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent out-of-court resolution of online disputes between consumers and traders in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/