TERMS & CONDITIONS
The Bonheur des Dames SA is a company registered under
the Registre de Commerce in France under No. 33818397300019.
Registered VAT No.338 183 973
Registered office: 63 Avenue de la
Résistance, 93100 Montreuil, France.
Telephone: (33) 01 42 87 70
(33) 01 42 87 70 95
Banque Postal: 207 29 M Paris
Crédit Agricole Ile de France: 18206 00215 215 905 06
001 97 CRCA Paris Picpus Nation
HSBC : 30056 00774 07740259879 35 Gare de Lyon
The content of this website is protected by copyright,
trademarks, database rights and other intellectual property
rights. You may not reproduce, modify, copy or distribute any of the
materials or content of this website without the written agreement of the
‘Bonheur des Dames’.
Article 1: Acceptance
of our Terms & Conditions
The client accepts all the present terms and
conditions from the time the order is placed, either by clicking on the “place
your order” button on line or by post to the address of the company.
Present Sales Terms and Conditions are meant to
regulate the contractual relation between Le Bonheur des Dames and its client,
both accepting Sales Terms and Conditions in full.
Before placing an order please read the information on
accepting your order, delivery charges and returns policy. The pages
form an important part of our terms and conditions.
The company the Bonheur des Dames reserves the right
to modify the terms and conditions at any time. In this case, the terms and
conditions applicable will be those in force at the time of the order.
Article 2: Product
The products offered for sale are those shown in the
online catalogue on our website. The photos and images are not contractual. If
any errors occur, under no condition Le Bonheur des Dames can be held
The products are offered for sale within the limit of
Article 3: Order
Once payment has been received, we will confirm that
your order has been accepted by sending an e-mail to you at the e-mail address
you provide, confirming receipt of the order and the total amount due. The
sales transaction is considered as concluded starting from the moment when Le
Bonheur des Dames confirms the acceptance of the order.
The client is responsible for providing correct
information while making the order. If there is an error in the information
provided by the customer (incorrect shipping address, incorrect recipient’s
name, etc.), Le Bonheur des Dames cannot be held accountable for the
impossibility of the delivery.
The Bonheur des Dames reserves the right to cancel an
order – if this is the case you will be informed by e-mail. If we do
cancel your order we will re-credit to your account any sum deducted by us from
your credit card within 14 working days.
Article 4: Order Processing & Delivery
After the confirmation of the order, Le Bonheur des
Dames should pass the whole order to the carrier within 10 working days.
Otherwise the delivery time is estimated depending on the type of delivery that
the client chooses. The delivery (delivery by the carrier) time indicated on
the web site is purely indicative. If the delivery date is more than
30 days from the date of the order, then the client has the right to ask the
trader to deliver within a reasonable supplementary delay, then if the order is
still not delivered the purchase may be terminated and the purchaser
The delivery will be made to the delivery address
indicated on the order form.
The delivery time will vary depending on the
destination address. More about Delivery Terms
Article 5: Withdrawal
You have the right to return the good(s) within
fourteen days. This period of time expires fourteen days after the day you, or
a third party, other than the carrier, indicated by you as the person allowed
to receive your good(s) takes physical possession of the good(s).
To exercise the right of return, you must notify
us of your decision by an unequivocal statement by:
addressed to "Le Bonheur des Dames", 63 Avenue de la
Résistance 93100 Montreuil, France
addressed to email@example.com
You can also complete and submit the form
template following this link. If you use this option, we will send you an
acknowledgement via email.
If you decide to break this contract, we
will refund any payment received from you, including shipping costs (excluding
the cost of return shipment of the good(s), additional costs arising from your
choice, for example, if you chose the method of delivery other than the least
expensive type of standard delivery offered) in a short time, not later than
fourteen days starting from the date of receipt of the good(s) by our services.
We will refund using the same payment method that you have used for the initial
transaction, unless you expressly agree to a different way. This refund will
not incur any additional fees for you.
Le Bonheur des Dames has the right to postpone
the reimbursement until our services have received the good(s).
You need to return the good(s) intact, in the
initial packaging and with all eventual accessories or leaflets to the
"Le Bonheur des Dames"
63, Avenue de la Résistance
not later than fourteen days after the delivery.
You will have to bear all direct costs related to the return shipment of the
On delivery, the client must verify the contents of
the order – checking the conformity and the state of the products.
In case of delay, deterioration, total or partial
loss, or any other problems, the client may refuse the delivery and it must be
indicated precisely on the delivery slip as a handwritten reserve the reason
for non-delivery and passed to the transporter at the time of the delivery or,
at the latest, three working days following the delivery by registered letter
with acknowledgement of delivery a copy of which letter should be sent to the
Bonheur des Dames.
Subject to the right of withdrawal cited in the first
line of this present article, no product return will be accepted for colour
differences. Furthermore, we will not accept a return for colour
differences between those shown in the online catalogue and the true colour of
the products and the designs.
If the goods delivered do not conform to the quantity
ordered, the Bonheur des Dames undertakes to carry out a supplementary delivery
at their cost, except if the client requests the reimbursement of the non-delivered
quantity, and only in this case.
Article 6: Pricing Policy
All prices are shown in Euros and are inclusive of
VAT. We reserve the right to change the price if there is a change
to the rate of VAT.
We reserve the right to modify the price of any
article at any time. The sale price will be fixed, however, as the
price shown on our website at the time of purchase. It does not
include supplementary delivery charges, which, if they apply, will be confirmed
at the time of placing the order.
For delivery outside of the E.U., the client must
observe and comply with all applicable regulations and legislation – including
obtaining all necessary customs, import or other permits, to purchase products
from our website.
The price indicated in the confirmation e-mail is
definitive and includes all taxes and charges.
Article 7: Payment
The total amount of your order carried out on our
website is that shown on the order confirmation.
By submitting an order to us through our website, you
represent and warrant that the payment details provided are valid and that when
your order is accepted and processed by us, payment will be made in
The client agrees to pay the price of the order made
online (goods and delivery charges) and also to meet the cost of any import
duties or supplementary delivery charges, which may be due on importation into
the country of the address given for delivery.
Payment may be made by any of the following methods:
1) By credit card: VISA or Eurocard-Mastercard
Security online payment
All information provided for the payment of your order
is protected against interception by encrypting it and by ensuring the
authenticity of the web server to which a connection is established.
For payment online, the website uses the secure
payment method of Paybox managed by the bank Crédit Agricole using the
procedure SSL (Secure Socket Layer). This method is widely used in
electronic payments. The integrity of the information is ensured by
a method of sealing (compression of the message preventing any reading of the
data during transmission) and assures the client of the total security of the
The transaction is carried out entirely by the banking
network of the Crédit Agricole in such a manner that neither the site, nor any
other technical intermediary, can access the details of the credit card given
(card number, date of validity and the name of the card holder). The
Crédit Agricole will ensure the
payment (transfer of the money from the client’s account to that of the Bonheur
des Dames) if the authorization is approved. You will be informed
immediately of the status of your payment if it is approved or refused.
This system provides better payment security than that
of payment by fax – which we also accept.
The order will be accepted and processed only after
the acceptance of the payment by the bank authorities. In case the payment is
refused, the order will be automatically cancelled and the customer will be
informed either by an e-mail or by an electronic message appearing on the
2) By postal or bank cheque payable to the Bonheur des
Dames at the delivery.
If we do not receive payment within 45 days or in the
case where the payment cheque is refused by the bank, the Bonheur des Dames
reserves the right to cancel the order.
3) By a bank transfer
Here is the necessary
information for making a bank transfer and sending a cheque
Le Bonheur des Dames reserves the right to refuse any
order to a client who is the subject to any dispute.
Article 8: Legal warranty of
conformity and "vice caché"
If the purchased
item is not conform the good will be covered by the legal provisions on non-conformity.
If the product is not conform, according to
this guarantee, the seller is liable to the consumer for any lack of conformity
which exists when the goods are delivered to the consumer and which becomes
apparent within a period of two years.
The consumer will be entitled to choose
between repair or replacement of the goods free of charge and within a
reasonable period (the seller can only refuse if this causes disproportionate
costs on him in comparison with the alternative remedy, taking into account the
value of the goods or the significance of the lack of conformity).
If repair or replacement are impossible, the
consumer can return the good and ask for a refund or keep the item and ask for
a price reduction.
No cancellation of the contract can be
pronounced if the defect is minor.
This guarantee lasts for 2 years starting
from the delivery of the item.
During the first 6 months, it is up to the seller
to prove that the goods delivered are in conformity with the order, or are fit
for the normal purpose of the product.
Beyond the delay of 6 months (starting from the delivery)
it is up to the consumer to present any evidence of that the goods delivered
were not in conformity with order.
Within the legal warranty of conformity the
The legal warranty of conformity is applied
independently from any commercial warranties.
- can benefit from the warranty during the period of 2 years starting
from the delivery date
- will be entitled to choose between repair or replacement of the goods
free of charge and within a reasonable period
- will be entitled to proove the existence of the non-conformity at the
moment of delivery of the good within the period of 6 months (this period
will be changes to 24 months starting from 18 March 2016 excluding used
warranty “vice caché”
This legal guarantee on latent defects is
applicable when the defect was hidden and not visible, when it rendered the
product unfit for the use it was intended for and when it could not have been
discovered by a reasonably thorough inspection before the sale. A replacement,
a partial or total refund, or the cancellation of the whole contract can be
obtained. This guarantee has to be auctioned within two years of the discovery
of the defect. It belongs to the claimant to prove the defect and its
All the claims issued within the warranty of legal
conformity and the warranty of « vice caché » should be adressed to :
Le Bonheur des Dames
63, Avenue de la Résistance
Or by e-mail, sent to firstname.lastname@example.org
Article 9: Dispute
The company the Bonheur des Dames remains at the
disposal of its clients in respect of the settlement of all disputes. In
the event of legal proceedings, and in the absence of an amicable settlement
between the parties, jurisdiction is given to the appropriate French tribunal
for the area in which the registered office of the company is located, notwithstanding
a plurality of respondents or a guaranteed appeal, even for urgent proceedings
or protective urgent or on-demand proceedings.
Article 10: Right of Access
Any personal information in our possession will be
used in the processing and delivery of your order and the production of the
In accordance with the Data Protection Act of January
6, 1978, you have at any time, a right of access, rectification and opposition
to all of your personal data by writing a letter, with proof of your
identity. The exercise of this right may be made to the company the
Bonheur de Dames, 63, avenue de la Résistance, 93100 Montreuil, France, with
proof of your identity (photocopy of identity document).
Article 11: Force majeure.
Shall be considered courses of force majeure, other
than those regularly cited by the French case law and the French Courts of Law,
total or partial strikes, internal or external to the company, blockage of
transport or supply for any reason, government or legal restrictions, computer
breakdown, telecommunications blockage including networks and internet.
The occurrence of any of those circumstances will
suspend, as a first step, the execution of the order. If, after a
period of more than three months, the parties note the persistence of the force
majeure, then the order will be automatically cancelled, except in the case of
agreement to the contrary by the two parties.
Article 12: Delivery of products in the absence of
In the case of the absence of the recipient at the
time of delivery, the services of the French Postal Service will leave a
transit advice note at the address indicated by the client. The
products ordered should be collected at the address and following the
procedures laid down by the Postal Service, or the transporter.
In case the products are not collected within the time
indicated on the transit advice note, the products will be returned to the
Bonheur des Dames, which reserves the right to reimburse the purchase price
with a discount of at least 20%, the delivery charge remaining the charge of
Article 13: Guarantee
All products to be delivered are systematically
verified by the Bonheur des Dames before being sent. They have been
given all necessary treatment to ensure that they conform to the description
given on the website, with the exception of the reservations recorded in
Article 14: Responsibility
The company Bonheur des Dames operates the website www.bonheurdesdames.com
and undertakes exclusively to comply
with all the current legal terms applicable in France. This being
the case, no legal disposition of the country of delivery may be invoked
against it, the client being solely responsible for respecting the laws of the
country of delivery and must ensure beforehand that the products ordered
conform to the standards in effect in the country of delivery.
The company Bonheur des Dames, in the process of
online sales, is bound by an obligation of means regarding the information it
makes available to persons visiting its internet site. The company
cannot be held liable for damages arising from the use of the Internet such as
loss of data, intrusion, virus or disruption of service or other involuntary
Whatsoever the cause of the responsibility, the
company Bonheur des Dames shall be obliged by way of reparation to a single
reimbursement of the amount of the order and potential delivery costs.
Article 15: Electronic signature
The validation of your order by clicking on the ‘Continue’
button, the authentication and protection of the entirety of the messages,
constitutes an electronic signature. This electronic signature has
the same value between the parties as a handwritten signature.
Article 16: Proof
The computerised records stored in the computer system
of the company Bonheur des Dames in reasonable security conditions will be
considered as proof of the transactions, orders and payments between the
Article 17: Preservation and archiving.
Preservation and archiving of purchase orders and
invoices is made in a reliable and sustainable manner to correspond to a
precise copy, pursuant to Section 1348 of the Civil Code.
Article 18: The Contract.
The present general conditions of sale constitute the
entire agreement between the parties. No other particular or general
condition put forward by the client may be integrated into these general terms
Article 19: Applicable Law
Any order involves, automatically and by right, your
adherence to our general conditions of sale.
These general conditions of sale, as well as any
difficulties of a procedural or other nature which may arise in application of
the conditions of sale and the order placed by the client, shall be governed by
and construed in accordance with the laws of France.