GENERAL TERMS AND CONDITIONS OF SALE
- Acceptance of Terms and Conditions
The customer acknowledges having read, at the time of placing the order, the special conditions of sale and expressly declares to accept them without reservation. These general conditions of sale will prevail over any other conditions appearing in any other document, except in the case of a formal and express exemption from the Company BOURG JOLY. If one of the clauses of the present general terms of sale is derogated by express agreement between the parties, this decision only concerns the clause from which it is derogated and not the other clauses and the contract for which it is concluded.
- Identification of the Company
SAS BOURG JOLY
Registered with the Trade and Companies Register of Le Mans
Under N° 511 257 446
Whose head office is located at :
16, rue Carnot - 72270 MALICORNE SUR SARTHE
Tel : + 33 (0)2 43 94 80 103. Products
The products offered by the company BOURG JOLY are exclusively manufactured on its operating site. All the parts can be delivered with their certificate of authenticity on simple request to the company.4. Availability
Products are created on demand, subject to limited and numbered pieces for certain collections, and therefore available within this limit.
Indications on the availability of the item will be provided at the time of placing the order. If, despite the Company's vigilance, the items ordered are no longer available, BOURG JOLY undertakes to inform the client by any means (telephone call or e-mail) as soon as possible and will reimburse the price possibly charged by crediting the client's account within 30 days at the latest. The products offered for sale are the result of artisanal work and we are therefore unable to guarantee firm manufacturing deadlines. The company therefore undertakes not to inform the customer of any additional delays that may affect the parts ordered.
5. Order - Validation
The company BOURG JOLY is bound by orders placed in writing or by telephone only after written confirmation including acceptance of quantities, prices, delivery times. The sale will be concluded only after confirmation of the order. The validation of the order is thus acceptance without restriction or reserve of the present general terms of sale. The Company BOURG JOLY reserves the right not to confirm an order for any reason whatsoever, in particular "either a problem with the manufacture of the product, or a problem concerning the order received".
- To cancel any order from a customer with whom there is a dispute or an incident, to suspend or close a customer account who contravenes the provisions of the general conditions of sale.
5.1. The order is carried out at the end of a series of data entries on successive screen pages.
5.2. Registration of the order
By confirming your order by selecting "Validate", you declare that you accept the order as well as the entirety of these GCS. You can print and keep the order form that will be displayed.
5.3. Confirmation of the order
As soon as your order has been registered, an acknowledgement of receipt of your order will be sent to your e-mail address ("e-mail"). This acknowledgement of receipt will state the availability of the product and will summarise the exact amount invoiced (including postage) and the terms of delivery and payment of the order. This acknowledgement of receipt will constitute acceptance of your order and thus validates the transaction.
6. RIGHT OF WITHDRAWAL
6.1. The right of withdrawl
In accordance with the provisions of Articles L221-18 to L221-28 of the French Consumer Code, the Customer has the possibility, without giving any reason, to withdraw from his order within fourteen (14) days from the day of receipt of the product(s) ordered, the date appearing on the carrier's receipt signed by the Customer being taken as proof.
In the event of split delivery, the date of delivery of the last good will be taken into account. When this fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.
As a reminder, the right of withdrawal concerns only consumers and non-professionals.
6.2 EXERCISE OF THE RIGHT OF WITHDRAWAL
The Customer must express his unequivocal willingness to withdraw. In order to facilitate the exercise of the right of retraction by the Customer, Bourg-Joly Malicorne has established a retraction form (link to the retraction form) that it is recommended to use for any request of retraction. The Client fills in the form and returns it by post to the following address ; Bourg-Joly Malicorne, 16 rue Carnot, 72270 Malicorne-sur-Sarthe, France or by using the contact form, which is accessible via the following link: contact form.
Although its use is recommended, as it helps to avoid misunderstandings as to the purpose of the request, the Customer is not obliged to use this withdrawal form. In any case, the Customer must clearly and unequivocally express his willingness to withdraw from the contract. No doubts must remain. He can use the postal address or the e-mail address indicated above to communicate to Bourg-Joly Malicorne his retraction, on any support and in any way whatsoever.
6.3. METHODS OF RETURN
Each Product must be returned in new condition, necessarily repackaged in its original packaging. Bourg-Joly Malicorne will not make any refund if the Products returned by the Customer do not correspond to the Product(s) ordered or would have another origin than the Site or if the Product(s) arrive broken or damaged.
Return postage costs will be charged to the Customer. The Customer will then be reimbursed upon receipt of the product(s).
Prices are in Euros. The prices invoiced are those in force at the date of the order. The price fixed at the time of purchase is firm and final. It does not include the participation in the delivery costs invoiced in supplement according to the amount of the order and the country of delivery and which will be indicated in the confirmation of the order. For delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated VAT included. No other customs duties or VAT will be payable for delivery within the European Union. Any change in the applicable rate may be passed on to the selling price of the products in the catalogue.
For a delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery. The formalities relating thereto are also the exclusive responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the possibilities of importing the products ordered with regard to the law of the territory of the country of delivery.
The payment of the totality of the price is due as of the order with the payment of a deposit of 50% with reception of the purchase order. The customer must provide the manufacturing and delivery times. The payment of the purchases of the customer is carried out either :
- by credit card, are accepted the cards of the network "CB", VISA, EUROCARD/MASTERCARD.
- by bank transfer:
Advance payment by bank transfer, reception within 5 days for validation of the order.
Banking establishment : Crédit agricole de l'Anjou et du Maine, payable in Malicorne.
Bank code: 17906
Counter code: 00112
Account Number: 00055672649
Key RIB : 93
Beneficiary: Bourg Joly SAS
IBAN: FR76 1790 6001 0556 7264 993
Subject of payment: Order number (number on the order form)
- either by check issued by a French bank, received within 5 days for validation of the
To the order of SAS BOURG JOLY
16 rue Carnot
72270 MALICORNE ON SARTHE
The Company BOURG JOLY reserves the right to deviate from the above principles subject to a written agreement with the client.
In the absence of payment, the Company BOURG JOLY will not take the order into account. Any delay or non-payment will result in late payment interest equal to three times the legal interest rate as a penalty. All collection costs that the Company BOURG JOLY deems appropriate will be charged to the client. In the event of litigation, BOURG JOLY reserves the right to charge a handling fee, the amount of which may be indicated to the purchaser at his request. The obligation of payment cannot be suspended because of a complaint.
8.1. The payment of your purchases on www.malicorne.com is made by credit card: the simplest and fastest way for a delivery as soon as possible (SSL secured online payment).
8.2. Your credit card is debited when the purchase is validated.
8.3. Transaction security
8.3.1 The payment is made through PAYBOX even if you do not have a "PAYBOX account". The payment solution PAYBOX SYSTEM was developed to meet the standards in terms of security of card payments on e-commerce sites.
When the buyer chooses to pay for his order, they are directed to the PAYBOX platform which sends the buyer an encrypted page (https) personalised to the image of the merchant site.
After entering their card data, checking for consistency, passing an anti-fraud filter and requesting authorisation from the bank card network or the issuer (private card), PAYBOX SYSTEM redirects the buyer to the www.malicorne.com website with the result of the payment.
Secure payment SSL
Your data are encrypted and sent to the PAYBOX SYSTEM server, through a secure session (SSL 128 bits and MD5 signature). www.malicorne.com does not, at any time, have access to your credit card number and therefore cannot store it. This number will therefore be asked for each new order.
- This secure SSL connection should be identified on your browser by an icon (closed padlock) in the bottom right corner of the window or in the address bar of your browser. A double-click on this icon allows you to obtain more information about the certificate, its validity, server security, etc.
9. Delivery time
Taking into account the specificity of the products and the manufacturing constraints, the delivery times are estimated from 4 to 8 weeks according to the products, except parts available immediately during sales or special offers; this information will be clearly indicated at the time of the order.
The company BOURG JOLY undertakes to deliver the items ordered by the client within the time limits specified above. However, the delivery times are mentioned only as an indication, a possible overrun of time will not be able to give place to any damages, withholding or cancellation of the order by the purchaser; if by exception, the ordered articles were not delivered within 30 days after the indicative delivery date, for any other reason than force majeure, the sale can be solved at the written request of the client, the sums paid by the client will then be restored to him within a maximum period of 30 days, excluding any indemnity or withholding.
10. Terms of delivery
The order is generally delivered by Coliposte suivi for Metropolitan France or by carrier for Europe and International. The Customer will be notified by email of the shipment of his order.
The postal service or carrier delivers the package to the recipient, at the delivery address indicated by the Customer on the order form, against signature of the delivery slip. In case of absence, the deliveryman leaves a delivery notice in the recipient's mailbox, with indications for the withdrawal of the package from the nearest post office or in the case of a carrier, contact information for a new delivery of the package, within a period specified by the carrier. Beyond this period, the package is reshipped by the post office or by the carrier to BOURG JOLY's operating site. If the client decides to proceed with a new delivery, this is at his own expense and must be paid before reshipment by contacting Customer Service by email.
Our products which are by definition FRAGILE are the subject of a very great attention during their packing before their forwarding. They are effectively protected inside the package to minimise the risk of breakage during transport. Upon delivery of the package, the customer must open it in the presence of the carrier in order to check the condition of the item. In case of damage or breakage of the item, the customer will refuse the package, it will be marked "Refusal of the package" and will detail precisely the reason for the refusal, the date and his signature on the delivery slip and will keep a duplicate or a copy. Claims to Customer Service must be received by email no later than the working day after delivery. No complaint can be taken into account later. Thus, any anomaly which would not be treated by the customer in the rules defined above and within the time limits could not be taken into account and will release BOURG JOLY of any responsibility. After respect of this procedure and verification with the carrier, the article will be automatically exchanged subject to availability (limited editions) and taking into account a new manufacturing delay. The customer will have the choice, either to maintain his order, if the article is still available, or to choose a new article, or to cancel his order, in which case, the refund of the price paid will be credited to his account within 30 days at the latest. These options will be proposed to him/her as soon as he/she complains to our Customer Service department.
For deliveries outside Metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duties, value added tax, and any other taxes due under the laws of the country where the order is received.
10.1. Delivery is made to the address indicated by the customer on the order form, which can only be within the Geographical Zone of Delivery.
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform to the order, the customer must inform Customer Service within 48 hours, either by telephone (at the number indicated in Article 2), or by e-mail, justifying the non-conformity of the item with the order. After verification of his complaint, the company will inform the customer of the methods of return of the articles and the follow-up of his order.
In the absence of a possible exchange of the returned item, the client will have the option of choosing a new item or cancelling the order, in which case the refund of the price paid will be credited to his account within 30 days of receipt by the Company BOURG JOLY, of the return of the items.
The products offered for sale by Bourg Joly are products resulting from an artisanal mode of manufacture whose slight irregularities in terms of colours, glazing, shapes and decorations guarantee a work entirely by hand with variation from one piece to another. These imperfections cannot be constitutive of a valid reason of rejection of a delivery, cancellation of order or defect of payment without an express agreement of the company Bourg Joly.
In order to avoid any inconvenience, the parts are checked before shipment. However, the customer benefits from a contractual guarantee against all defects that the delivered product may have for a period of 3 months from delivery, subject to normal use and in accordance with the recommendations set out in the product documents and instructions for use attached.
Notwithstanding any specific warranty conditions that may be given to the client with the delivered part, BOURG JOLY's products are subject to the warranty conditions provided for by law, and more particularly articles L.211-4, L.211-5 and L.211-12 of the Consumer Code and against hidden defects provided for by articles 1641 and 1648 paragraph 1 of the Civil Code.
13. Resolution of the contract
The sale will be resolved by right and without any other formality than a simple formal notice addressed to the buyer that has remained unsuccessful for more than 15 days, releasing the company BOURG JOLY from all obligations in case of non-payment of a due date at the agreed term, as well as in case of non respect of any of the obligations by the present general conditions of sale or in the particular conditions of the sale (such as the withdrawal of the goods from the store).
In the event of partial or total non-payment of a due date, interest for late payment will be charged automatically and without prior formal notice, from the original due date until actual payment, equal to twice the legal interest rate and a sum for the participation in the administrative costs, the amount of which can be indicated to the buyer on his request.
Non-payment of an amount due on its due date shall render all our company's claims, even those not yet due, immediately payable.
14. Retention of title
The company BOURG JOLY retains full and complete ownership of the goods sold until the effective payment of the entire invoice. The transfer of the risks of loss, deterioration and insurance as well as the damage they may cause is made at the departure of Malicorne.
15. Force majeure
The execution by the Company BOURG JOLY of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure which would generate or delay its execution. The Company BOURG JOLY will inform the client of any such fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension of the execution of the Company's obligations continues beyond a period of fifteen days, the client will then have the possibility of cancelling the order in progress, and the Company will then proceed to reimburse the client as soon as possible.
16. Non renunciation
The fact that the Company BOURG JOLY refrains from demanding at a given time the execution of any of the provisions of these general terms and conditions of sale cannot be interpreted as a waiver of the right to invoke the said total or partial non-execution at a later date.
17. Validity of the general terms and conditions
If any of the provisions of these general terms and conditions of sale are declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these general terms and conditions of sale shall remain unchanged and shall continue to apply.
18. Disputes - applicable law
The present general conditions of sale are subject to French law.
In the event of any difficulty arising during the ordering or delivery of the articles, the client may contact BOURG JOLY's Customer Service to find an amicable solution together.
Complaints or disputes will be received with attention.
Any dispute that may result from the interpretation or execution of these general terms of sale and its consequences will be subject to the jurisdiction of the French courts.
19. Legal information
The information and nominative information collected for the purposes of distance selling is mandatory, this information being essential for the processing and routing of orders and the establishment of invoices. Failure to provide this information will result in the non-validation of the order.
In accordance with the law "Informatique et Libertés", the customer has the right to access, modify, rectify, oppose and delete personal data concerning him/her.
20. Customs rights
Any order placed on the site www.malicorne.com and delivered outside of France may be subject to possible taxes and customs duties that are imposed when the package reaches its destination. These customs duties and possible taxes related to the delivery of an item are at your expense and are your responsibility. We are not obliged to check and inform you of the applicable customs duties and taxes. To know them, we advise you to inquire with the competent authorities of your country.