GENERAL TERMS AND CONDITIONS OF SALE

Effective from 16/05/2024

ARTICLE 1 - SCOPE

These General Terms and Conditions of Sale ("GTC") apply, without restriction or reservation, to all sales made by the Seller to non-professional buyers ("Clients or Client"), who wish to purchase the products offered for sale ("Products") by the Seller on the bouchba.fr website. The Products offered for sale on the site are as follows:

Shoes, Clothing

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the bouchba.fr website, which the client is required to review before ordering.

The choice and purchase of a Product are the sole responsibility of the Client.

The Product offers are valid as long as they are visible on the site, within the limits of available stocks.

These GTC are accessible at any time on the bouchba.fr website and will prevail over any other document.

The Client declares having acknowledged these GTC and having accepted them by ticking the box provided for this purpose before implementing the online ordering procedure of the bouchba.fr site.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller’s contact details are as follows:

Mathilde Witczak

9 Avenue du Château

Registration number: 98496271200019

Email: bouchbaparis@outlook.com

Phone: +33663088248

The Products presented on the bouchba.fr site are offered for sale in the following territories:

Europe, America, Africa, Oceania, Asia.

In the case of an order to a country other than metropolitan France, the Client is the importer of the concerned Product(s).

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated tax-free automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. These are the Client’s responsibility and are their sole responsibility.

ARTICLE 2 - PRICES

The Products are supplied at the rates in effect shown on the bouchba.fr site, at the time the order is recorded by the Seller.

Prices are expressed in Euros, excluding taxes and including taxes.

Rates take into account any discounts that may be granted by the Seller on the bouchba.fr site.

These rates are firm and non-revisable during their period of validity, but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport, and delivery charges, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 3 – ORDERS

It is up to the Client to select on the bouchba.fr site the Products they wish to order, according to the following procedures:

The Client chooses a Product that they place in their basket, a Product that they can delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their details and choose the delivery method. After validation of the information, the order will be considered final and will require payment by the Client according to the stipulated terms.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will be considered valid only after full payment of the price. It is the Client's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the bouchba.fr site constitutes the formation of a contract concluded at a distance between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.

The Client may follow the progress of their order on the site.

Any cancellation of the order by the Client after its acceptance by the Seller will only be possible within 1 day after the acceptance of the order by the Seller and as long as the delivery has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).

ARTICLE 4 - PAYMENT CONDITIONS

The price is paid by secure payment, according to the following methods:

payment by credit card

The price is payable in cash by the Client, in full on the day of the order.

Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider intervening for banking transactions carried out on the bouchba.fr site.

Payments made by the Client will only be considered final after the Seller has effectively collected the amounts due.

The Seller will not be required to deliver the Products ordered by the Client if the Client does not pay the price in full under the conditions indicated above.

ARTICLE 5 - DELIVERIES

The Products ordered by the Client will be delivered in metropolitan France or in the following areas:

Europe, America, Africa, Oceania, Asia.

Deliveries occur within a period of 15 working days to the address indicated by the Client at the time of their order on the site.

Delivery consists of the transfer to the Client of physical possession or control of the Product. Except in special cases or the unavailability of one or more Products, the ordered Products will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the time limits specified above.

If the ordered Products have not been delivered within 25 working days after the indicative delivery date, for any other cause than force majeure or the fact of the Client, the sale may be resolved at the written request of the Client under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to them no later than fourteen days following the date of the contract termination, excluding any compensation or withholding.

In the event of a special request from the Client concerning the conditions of packaging or transport of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, on a quote previously accepted in writing by the Client.

The Client is required to check the condition of the delivered products. They have a period of 14 days from delivery to make claims by mail: bouchbaparis@outlook.com

, accompanied by all the relevant justifications (photos in particular). After this period and in the absence of having complied with these formalities, the Products will be deemed to conform and free of any apparent defect and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and deterioration relating thereto, will only be carried out at the time when the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk unless the Client has chosen the carrier themselves. In this respect, the risks are transferred at the time of delivery of the good to the carrier.

ARTICLE 6 - TRANSFER OF OWNERSHIP

The transfer of ownership of the Seller's Products to the Client will only be carried out after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - RIGHT OF WITHDRAWAL

According to the terms of Article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods during a defined period, the period runs from receipt of the first good."

The right of withdrawal may be exercised online, using the withdrawal form attached hereto and also available on the site or any other unambiguous statement expressing the intention to withdraw and in particular by postal mail sent to the Seller at the postal or email contact details indicated in ARTICLE 1 of the GTC.

Returns are to be made in their original and complete state (packaging, accessories, instructions) allowing their resale as new, accompanied by the purchase invoice.

Damaged, soiled or incomplete Products are not taken back.

The cost of return remains at the Client's expense.

The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Client under the conditions provided for in this article.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTIES

The Products supplied by the Seller benefit from:

the legal guarantee of conformity, for Products that are defective, damaged or do not match the order,

the legal guarantee against hidden defects arising from a defect in material, design or manufacture affecting the delivered products and rendering them unfit for use,

Provisions relating to legal guarantees

Article L217-4 of the 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. He is also liable for any lack of conformity caused by the packaging, the assembly instructions or the installation if he assumed responsibility thereof or had it carried out under his responsibility."

Article L217-5 of the Consumer Code

"The goods comply with the contract:

1° If it is suitable for the use usually expected of similar goods and, if applicable:

if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer can reasonably expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted."

Article L217-12 of the Consumer Code

"The action resulting from lack of conformity is time-barred after two years from the delivery of the goods."

Article 1641 of the Civil Code.

"The seller is liable for the warranty due to hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would have given only a lesser price for it, had he known of the defects."

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect."

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial warranty which was granted to him at the time of the acquisition or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days adds to the duration of the warranty which was remaining. This period runs from the buyer's request for action or the making available for repair of the goods involved, if such availability is subsequent to the request for action."

In order to assert his rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of discovery.

The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed on the basis of the invoiced rate and return costs will be reimbursed upon presentation of receipts.

The refunds, replacements, or repairs of Products judged non-compliant or defective will be carried out as soon as possible and at the latest within 30 days of the Seller's discovery of the lack of conformity or hidden defect. This refund can be made by bank transfer or by check.

The liability of the Seller cannot be held in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to check,

in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in the case of normal wear and tear of the Product, accident or force majeure.

The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The warranty of the Seller is, in any case, limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 9 - PERSONAL DATA

The Client is informed that the collection of their personal data is necessary for the sale of the Products and their delivery/delivery, entrusted to the Seller. These personal data are collected only for the execution of the contract of sale.

9.1 Collection of personal data

The personal data collected on the bouchba.fr site are as follows:

Order of Products:

When ordering Products by the Client:

Names, first names, postal address, telephone number, and e-mail address.

Payment:

As part of the payment for the Products offered on the bouchba.fr site, it records financial data relating to the Client/user's bank account or credit card.

9.2 Recipients of personal data

Personal data is reserved for the exclusive use of the Seller and its employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Client gives his express consent, his personal data are not used for advertising or marketing purposes.

9.5 Duration of data retention

The Seller will keep the data collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Clients' and users' rights

In accordance with the regulations applicable to personal data, Clients and users of the bouchba.fr site have the following rights:

They can update or delete the data concerning them in the following way:

Specific request by email.

They can delete their account by writing to the email address indicated in section 9.3 "Data controller"

They can exercise their right of access to know the personal data concerning them by writing to the address indicated in section 9.3 "Data controller"

If the personal data held by the Seller is inaccurate, they may request the updating of the information by writing to the address indicated in section 9.3 "Data controller"

They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in section 9.3 "Data controller"

They can also request the portability of the data held by the Seller to another provider

Finally, they can object to the processing of their data by the Seller

These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or E-mail to the Data controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In the event of a refusal to comply with the Client's request, this must be justified.

The Client is informed that in the event of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.

The Client may be invited to tick a box under which they agree to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the bouchba.fr site is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement punishable by law.

ARTICLE 11 - APPLICABLE LAW - LANGUAGE

These GTC and the transactions arising from them are governed and subject to French law.

These GTC are drafted in the French language. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.

ARTICLE 12 - DISPUTES

For any complaint please contact the customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.

The Client is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

CNPM MEDIATION CONSUMPTION

27, avenue de la Libération 42400 Saint-Chamond

https://www.cnpm-mediation-consommation.eu/

E-mail: contact-admin@cnpm-mediation-consommation.eu.

The Client is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded under these GTC and which have not been the subject of an amicable settlement by the seller or through mediation, will be submitted to the competent courts under the conditions of common law.