The present document states the general terms and conditions of sale, hereafter GCS, that will be applicable to all sales concluded between all persons who buy any product on the bopy company’s internet site, https://www.bopy.com/, hereinafter to HUMEAU BEAUPREAU S.A.S.; a French company with a share capital of 737 344 euros, with its main office 80 Rue des Forges, at Beaupréau, 49600 Beaupréau-en-Mauges, France, registered under number 393 092 390 at the Registre du Commerce et des sociétés, (Register of companies) Angers, hereinafter called “bopy”.
These terms and conditions of sale are valid for non-professional buyers only, acting as individual Customers as defined by the European Regulation 1215/2012 of the European Parliament and Council, Section 4, Article 17.
The buyer, hereinafter called “the Customer”, may send his orders through the internet site https://www.bopy.com/. By sending an order, the Customer expressly and irrevocably accepts the present GCS. As these GCS may be subject to modifications, the applicable GCS to an order will be those published on the site https://www.bopy.com/, at the date of the order’s receipt by bopy. The order will be registered under the condition of the prior Customer’s identification by means of his personal code, i.e. his own e-mail address, and of his password. The order will be executed after receipt of its payment. On the payment’s receipt, bopy will confirm its acceptance of the order by e-mail and inform the Customer of the number given to this order.
3. Products availability
By sending his order to bopy, the Customer is deemed to have accepted the concerned products specifications and prices as mentioned on the site https://www.bopy.com/.
bopy undertakes to execute the Customer’s orders it will receive on this site as far as the ordered products will be available in its stocks. In case one or more products would not be available, bopy shall inform the Customer as soon as possible. The Customer’s order will then be automatically completely or partiallycancelled and the Customer’s bank account will be credited with the amount of the cancelled order or with the non-delivered fraction of the cancelled order.
The delivery of the ordered products will be performed as hereafter stated according to the delivery zone mentioned by the Customer.
Orders sent through the bopy site before 12: 00 o’clock from Monday to Friday included, but excluding public holidays, shall be prepared and delivered within 48 hours following their receipt under the condition of the validation of its payment as stated in article 5 hereafter relating to payments. Orders received on Saturdays, Sundays or public holidays will be processed during the following Monday or closest working day.
There will be no partial deliveries.
4.1 Deliveries in Metropolitan France and Corsica (Zone 1)
The Customer may choose between the following solutions: Colissimo with follow-up with a possible option between:
- Delivery at home within 2 to 5 days; cost will be 7.5 €, tva including ; free delivery from 70 € of purchase
- Delivery at delivery point within 2 to 5 days; cost will be 6 € tva including ; free delivery from 70 € of purchase
Delivery will be executed within 48 to 72 hours; cost will be 15 € ,tva including, for a package up to 10 kg; 21 € including taxes for a package between 11 and 15 kg; 27 € including taxes for a package between 16 and 20 kg; the weight oforderedproducts shall not exceed 20 kg.
4.2.2 Zone 3
Zone 3 is formed by the Principality of Andorra.
Delivery will be executed within 48 to 72 hours; cost will be 30 € ,tva including, for a package up to 2 kg; 42 € including taxes for a package between 3 and 5 kg; 54 € including taxes for a package between 6 and 10 kg; for a package in excess of 10 kg, bopy shall inform the Customer of the cost that will be charged to him; in case of refusal of this cost, the order will be cancelled or modified so that the package weight does not exceed 10 kg.
4.2.3 Zone 4
Zone 4 comprises Turkey, Switzerland, United-Kingdom, Canada and Norway
Delivery will be executed within 48 to 72 hours; cost will be 30 € , tva including, for a package up to 2 kg; 42 € including taxes for a package between 3 and 5 kg; 54 € including taxes for a package between 6 and 10 kg; for a package in excess of 10 kg, bopy shall inform the Customer of the cost that will be charged to him; in case of refusal of this cost, the order will be cancelled or modified so that the package weight does not exceed 10 kg.
4.2.4 Zone 5 and OM1
Zone 5 and OM1 comprises the following countries: Hong-Kong, Japan, Korea, Mexico, Singapore, Taiwan, Guadeloupe and Martinique, Reunion Island.
Delivery will be executed within 3 to 4 days; cost will be 60 € , tva including, for a package up to 2 kg; 90 € including taxes for a package between 3 and 5 kg; 120 € including taxes for a package between 6 and 10 kg; for a package in excess of 10 kg, MEDUSE shall inform the Customer of the cost that will be charged to him; in case of refusal of this cost, the order will be cancelled or modified so that the package weight does not exceed 10 kg.
4.2.5 Zone 6 and OM2
Zone 6 and OM2 comprises the following countries: Australia, New-Zealand, USA, French Guyana, New Caledonia
Delivery will be executed within 3 to 4 days; cost will be 75 € , tva including, for a package up to 2 kg; 120 € including taxes for a package between 3 and 5 kg; 150 € including taxes for a package between 6 and 10 kg; for a package in excess of 10 kg, MEDUSE shall inform the Customer of the cost that will be charged to him; in case of refusal of this cost, the order will be cancelled or modified so that the package weight does not exceed 10 kg.
In Zones 3, 4, 5 and 6, customs duties or import duties may be due on importation of bopy products in the State of the Customer’s residence. These duties and taxes, whatever their name or nature, do not concern bopy. Therefore, the Customer shall inform himself about his obligations as stated by the legislation and regulation of his State of residence from competent institutions, administrations and entities and comply to said obligations, including declarations and payments which might be imposed on him in relation with the products he will buy from bopy.
Payment shall be made by credit card: Visa, MasterCard, Eurocard MasterCard or through Paypal, secured by 3D Secure.
6. Right of withdrawal
In compliance to the provisions of Article L 121-21 of the French Customer Code, the Customer may exercise his right of withdrawal during a 14 days period without being obliged to motivate his decision. The starting point of this period is the date of receipt of the order’s confirmation by the Customer or by a third person mentioned by the Customer. If the final day of this 14 days period is a Saturday, a Sunday or a public holiday or a non-working day, the end of the period will be postponed to the next closer working day. To exercise his right of withdrawal, the Customer must notify his decision to do so before the said period expires.
At this effect, he shall either:
- Send to bopy a declaration stating his decision in an unambiguous way by mail with the indication of his name, surname, address, telephone number, order number, product’s references, type of product, quantities and prices
The Customer shall return the products to HUMEAU BEAUPREAU, bopy. CO, 80 Rue des Forges, Beaupréau, 49600 Beaupréau-en-Mauges, France.
In all cases, the Customer shall return the concerned product(s) to bopy without delay and at the latest before the end of a 14 days period following his decision to exercise his right of withdrawal. The Customer shall also attach a completed return slip to the returned package or a document mentioning the order’s number.
Return costs are entirely borne by the Customer.
The reimbursement of the returned products will be made during the 14 days following the date at which bopy will be informed of the Customer’s decision to exercise his right of withdrawal. In any case, this reimbursement will not occur before the receipt, by bopy, of the product(s) returned by the Customer or of any document which may evidence this return.
The reimbursement will be made by bank transfer.
Depreciated products resulting from any reason, such a manipulation other than what was necessary to control its nature, characteristics or conformity, will not be reimbursed.
7. Return and exchange of the delivered products
Regardless of the period during which he may exercise his right of withdrawal, the Customer shall dispose of a 30 clear days period starting on the date of receipt of the goods to return to bopy the products he may consider as inappropriate, under the conditions stated hereafter.
For any return of products, the Customer must send his package at:
HUMEAU BEAUPREAU, bopy CO, 80 Rue des Forges, Beaupréau, 49600 Beaupréau-en-Mauges, France
The Customer shall attach to his return package a duly completed return slip or a document mentioning the order’s number and the return motive. As proof of the return, the Customer must keep the deposit slip of his package which will be delivered to him.
7.3 Condition of returned products
All returned products, shoes, packaging, accessories, documents shall be new, unused, and be sent back in their original, undamaged packaging, without inscriptions. On the product’s receipt, bopy will control the products condition. No return of products will be accepted and no reimbursement be allowed if it appears that the returned products are used or damaged.
7.4 Exchange of products
In case of exchange of products, bopy will borne the return costs under the condition that the Customer has sent a prior demand to bopy Customer service by mail or by means of a slip.
In case the Customer does not wish to exchange the return products and fulfils the here above mentioned conditions, bopy will reimburse the Customer during the 30 days following the concerned product(s) receipt.
In case of a return of all ordered products and if the return costs are fully borne by bopy, these costs will be deducted from the reimbursed amount, unless the return was due to a non-compliance of the delivered products or to a non-conformity of these products to the products ordered by the Customer.
The reimbursement will be made by bank transfer unless the Customer expressly asks for a payment by means of a cheque.
7.6 Legal warrantees
Whenever the French law will be applicable, the following provisions of this law will apply.
7.6.1 Legal warranty of conformity and warranty of hidden defects
bopy products are sold under the legal warranty of conformity as stated by Article L 211-4 of the French Consumer Code together with the legal warranty of hidden defects as stated by Article L 1641 et sq of the French Civil Code. All said warranties are however excluded in case of damages due to external conditions or to a defective or non-conform use of the product or due to neglect or to a defective maintenance by the Customer or in case of abnormal wear.
Article L 211-4 of the French Consumer Code
“The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery.”
Article l 211-5 of the French Customer Code
“To conform to the contract, the product must: 1. Be suitable for the purpose usually associated with such a product and, if applicable: - correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model; - have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling; 2. Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.”
Article L 211-7 of the French Consumer Code
“In the absence of proof to the contrary, any lack of conformity appearing within six months of delivery of the product is presumed to have existed at the time of delivery. The seller may refute that presumption if it is incompatible with the nature of the product or the non-conformity invoked.”
Article L 211-9 of the French Consumer Code
“In the event of lack of conformity, the buyer shall choose between repair and replacement of the product. The seller may nevertheless elect not to proceed in accordance with the buyer's choice if that choice gives rise to a manifestly disproportionate cost compared with the other option given the value of the product or the seriousness of the defect. He is then required to proceed with the option not chosen by the buyer, unless this proves impossible”.
Article L 211-10 of the French Consumer Code
“If neither repair nor replacement of the product is possible, the buyer may return the product and obtain reimbursement of the price or keep the product and obtain reimbursement of a portion of the price. He has the same option: 1. If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month of the buyer making his claim; 2. Or if that solution cannot be implemented without major inconvenience for the buyer given the nature of the product and his intended use. The sale shall not be cancelled, however, if the lack of conformity is minor.”
Article L 211-12 of the French Consumer Code
“Action resulting from lack of conformity lapses two years after delivery of the product.”
Article L 211-13 of the French Consumer Code
“The provisions of the present section do not deprive the buyer of the right to bring an action on account of latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature to which he is entitled under the law.”
Article 1641 of the French Civil Code
“The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.”
Article 1648, 1st paragraph, of the French Civil Code
“An action resulting from prohibitive defects must be brought by the buyer within two years from the discovery of the vice.” The company which warrants against hidden defects is SAS HUMEAU BEAUPREAU whose main office is 80 Rue des Forges à Beaupréau, 49600 Beaupréau-en-Mauges, France. If the Customer decides to bring an action motivated by a lack of conformity, he will dispose of a period of two years starting from the products receipt to do so. He may choose between the repair and the replacement of the product under the conditions stated at Article L 211-9 of the French Consumer Code. He will not have to prove the existence of a lack of conformity during the 6 months following the products receipt. The legal warranty of conformity is valid regardless any the existence of any contractual warranty that could be granted by bopy. The Customer may decide to implement the warranty of hidden defects as defined at Article 1641 of the French Civil Code ant may choose between the resolution of the sale and the reduction of price in application of Article 1644 of the French Civil Code.
7.6.2 Products return formalities and reimbursement of defective or non-conform products
Before any return of products, the Customer must call bopy Customer service at the phone number +33 (0) 2 41 63 01 45 and ask for a return slip to be attached to the return package. The return must take place during the period mentioned in the texts here above quoted relating to the legal warranty of conformity as defined by the French Consumer Code or to the legal warranty of hidden defects as defined by the French Civil Code. Products shall be returned to HUMEAU BEAUPREAU, 80 Rue des Forges, Beaupréau, 49600 Beaupréau-en-Mauges, France. On receipt of the products, bopy will check their defects or non-conformity and, in the absence of contestation, bopy will reimburse the Customer the price of the products and the cost of return in case of return of the complete order, or replace the returned products if they are available.
bopy may change its price list at any moment on the site https://www.bopy.com/ The Prices invoiced to the Customer will be those mentioned on this site at the date of the order. The products are bopy’s property as long as their price is not be entirely paid by the Customer.
9. Information protection and safety
bopy makes its best efforts to protect the confidentiality and insure the safety of all information transmitted through its site https://www.bopy.com/. In particular this site uses a protected payment module called 3D Secure.
10. Intellectual property
bopy site https://www.bopy.com/. and all trade-marks, designs and inventions and generally all elements of intellectual property relating to this site or to the products sold on this site are the property of HUMEAU BEAUPREAU S.A.S. or used by this company on a contractual basis. Any use of such intellectual property by the Customer, different from a strictly private use as defined by the French Intellectual Property Code, is therefore strictly forbidden.
11. Personal data
Regarding the use of the site https://www.bopy.com/.by the Customer, HUMEAU BEAUPREAU S.A.S.’s obligations are strictly obligations of means. Therefore, this company is not liable for any incident or damage suffered by the Customer resulting from the access or use of this site, such as a breach in service, outside intrusion or the presence of a computer virus or due to any case of force majeure as defined by the French Civil Code and by the French jurisprudence, including the consequences of strikes or bad weather.
13. Entire agreement
If a clause of the present GCS is null and void or subject to annulment by a law, a regulation, or by a judicial decision, the validity of all and every other part of these GCS remains unaffected.
The present GCS will apply as long as bopy will operate the site https://www.bopy.com/. until their modification or replacement by bopy.
All computer files archived by bopy and its partners and suppliers in normal safety conditions will be considered as evidence of the communications, orders and payments exchanged between bopy and the Customer.
16. Data and transactions storage
The filing of purchase orders and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable conservation of these documents and of their content.
17. Settlement of disputes
17.1 Applicable law and language
If the Customer is a French citizen, the applicable law will be the French law. The French version of the present GCS will be only valid and binding version. If the Customer is not a French citizen, the applicable law will be the relevant law according to the European regulation if the Customer is a citizen of a European Union Member State or according to the relevant international treaty if the Customer is a citizen of any other State. Whenever admitted by the applicable law, the English version of the present GCS will be the only valid and binding version.
17.2 Procedure and competence
Regard less of the citizenship of the Customer, all Disputes which may arise between HUMEAU BEAUPREAU S.A.S. and the Customer could be submitted to the European platform ec.europa.eu/consumers/odr using the following link: ec.europa.eu/consumers/odr In case the dispute will not be settled on the European platform, HUMEAU BEAUPREAU S.A.S. or the Customer may bring the case before the competent jurisdiction according to the provisions of the French law if the Customer is a French citizen or according to the European regulation if he is a citizen of a European Union Member State, or to the provisions of the relevant
17.3 Mediation of consommation
In case of dispute between the professional and the consumer, they will try to find an amicable solution.
Failing an amicable agreement, the consumer has the possibility to invoke the ombudsman responsable for the professional, l’Association des Médiateurs Européens (AME CONSO), free of charge, within one year starting from the date of the written complaint addressed to the professional.
The referral to the ombudsman must be made:
- by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com;
- by letter, addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
18. Costumer Service
For any information or question the Customer may have, he may call bopy Costumer Service from Monday to Friday between 9: 00 a.m. and 12:00 at the following telephone number: + 33 (0)2 41 63.01.45 or send an e-mail at the following address: email@example.com or by post at HUMEAU BEAUPREAU S.A.S., bopy CO, 80 Rue des Forges, Beaupréau, 49600 Beaupréau-en-Mauges, France.