Terms of service
TERMS AND CONDITIONS OF SALE
PREAMBLE
These Terms and Conditions of Sale (the "T&Cs") apply to all Orders placed by an individual acting as a consumer (hereinafter the "Customer") on the website www.bonjourdrink.co (hereinafter referred to as the "Website") with the company BONJOURDRINK, a simplified joint-stock company with a capital of €556, registered with the Paris Trade and Companies Register under number 928 039 221, whose registered office is located at 229 rue Saint-Honoré – 75001 Paris (the "Seller").
The T&Cs govern the sale by the Seller to its Customers of the Products. As such, the T&Cs specify in particular the conditions for Orders, payment, Delivery, and any returns of Products ordered by Customers.
The T&Cs are accessible at all times on the Website, referenced at the bottom of each page of the Website via a hyperlink, and must be consulted by the Customer before placing an Order.
The T&Cs applicable to the sale are those in force on the day the Order is placed on the Website.
BY PLACING AN ORDER ON THE WEBSITE, THE CUSTOMER MANDATORILY ACCEPTS THESE T&CS WITHOUT RESERVATION. THE CUSTOMER DECLARES HAVING READ AND ACCEPTED THE T&CS WHEN PROCEEDING TO PAYMENT OF THE ORDER.
ARTICLE 1 – DEFINITIONS
The terms mentioned below have the following meaning in these T&Cs:
"Customer": means the Seller's co-contracting party, who guarantees having consumer status.
"Order": means the purchase of Products by a Customer from the Seller on the Website.
"Account": means the space dedicated to the Customer who has placed an Order on the Website, associated with all data provided by the Customer and information relating to their Orders, hosted on the Website. Access to the Account is via the hyperlink "My Account" referenced at the bottom of each page of the Website, using the Customer's email address and an identification code that the Customer requests to receive by SMS or email.
"Terms and Conditions of Sale" or "T&Cs": means these contractual conditions governing the sale of the Product by the Seller through the Website.
"Product page": means the page presenting the commercial offer related to the Products.
"Delivery": means the first presentation of the Product ordered by the Customer at the delivery address indicated during the Order.
"Discovery Offer": means the monthly subscription without commitment to which any Customer may subscribe when purchasing Products on the Website, in order to receive a monthly delivery of the Product selected by the Customer during their Order.
"Parties": in the plural, collectively means the Seller and the Customer. In the singular, means either the Customer or the Seller.
"Products": means all products marketed by the Seller on the Website. All Products sold comply with current European legislation and standards applicable in France.
"Territory": means all territories where Delivery is provided by the Seller, namely metropolitan France, French overseas departments and regions, European Union member countries, and Switzerland.
ARTICLE 2 – PRODUCT PURCHASES ON THE WEBSITE
To purchase a Product on the Website, the Customer must be at least 18 years old and have legal capacity or be able to provide authorization from their legal representatives if a minor.
The Customer will be asked to provide certain information essential for Order management by completing the form available on the Website. The Customer must in particular provide their identity and contact details, as well as a Delivery address.
This information must be complete, accurate, and up to date. The Seller reserves the right to ask the Customer to confirm, by any appropriate means, their identity, eligibility, and the information provided.
The Seller reserves the right to cancel or refuse any Order from a Customer in case of well-founded doubts of fraudulent payment attempts according to criteria established by BONJOURDRINK's payment partners.
ARTICLE 3 – ORDER
3.1 Product Pages. The Seller presents all essential characteristics of the Products on the Product Pages, which the Customer undertakes to read carefully before placing an Order.
Product unavailability is in principle indicated on the Product Page of the Product concerned. In any event, if the Product were unavailable, the Seller undertakes to inform the Customer without delay.
If the Customer decides to cancel their Order of unavailable Products, they will obtain a refund of all amounts paid for the unavailable Products no later than fourteen (14) days following the date on which the contract was terminated.
3.2 Product Selection. It is the Customer's responsibility to select the Product(s) they wish to order, choosing the desired quantities and purchase methods, then clicking "BUY NOW".
The Customer may choose to make a one-time purchase of the Product(s) or subscribe to the Discovery Offer.
3.3. Order. The Customer is redirected to the Order form and summary, which specifies: the name, characteristics and quantity of Products chosen as well as the price (including the unit price including all taxes, any discounts, and any Delivery costs). They are invited to verify that the content of their Order is correct and correct any errors.
The Customer is invited to enter a discount code or gift card if they have one.
The Customer must provide the information necessary for the proper processing of their Order. They must in particular clearly indicate all information relating to billing and Product Delivery, especially the exact Delivery address.
Orders placed must include all information necessary for proper Order processing. The Seller cannot be held responsible in case of errors in entering the Customer's personal information, essential for placing the Order and Delivery. It is therefore the Customer's responsibility to verify the accuracy of the Order and Delivery information, and to immediately report any error.
The Customer chooses the payment method and enters the relevant data to proceed with secure payment of the Order by following the instructions on the Website, before clicking "Pay now" to finalize the Order.
The Order date is the date on which BONJOURDRINK acknowledges receipt of the Order online. Any deadlines indicated on the Website only begin to run from this date.
3.4 Acknowledgment of Receipt. Once all the steps described above are completed, the Customer is redirected to the Website where a page appears to confirm validation of their Order.
A copy of the Order acknowledgment of receipt is automatically sent to the Customer by email, provided that the email address provided through the Order form is correct.
3.5 Provisions Specific to the Discovery Offer. If the Customer selects the Discovery Offer during their Order, an identical new Order will be automatically sent to them monthly, unless the Customer cancels or postpones their Order at least three (3) days before shipment. The Customer will receive an email from the Seller to this effect, at least three (3) days before shipment of the next Order.
ARTICLE 4 – PRICE
Product prices are expressed in euros including all taxes. Prices include in particular value-added tax (VAT) at the rate in force on the Order date. Any modification of the applicable rate may impact the price of Products from the effective date of the new rate.
These prices are firm and non-revisable during their validity period. Prices take into account any discounts that may be granted by the Seller on the Website.
The Seller reserves the right to modify prices at any time.
The prices indicated are valid, except in case of obvious error. The applicable price is that indicated on the Website on the date the Order is placed by the Customer.
Prices displayed on the Website do not include any applicable delivery costs, which are charged additionally. Any delivery costs applied are indicated to the Customer prior to placing the Order.
The Customer is informed that depending on the Delivery address, they may be subject to import duties and taxes, which are collected when Products arrive at destination. These costs will be the exclusive responsibility of the Customer. As customs policies vary from country to country, the Customer is invited to contact the local customs service for more information.
ARTICLE 5 – PAYMENT CONDITIONS
5.1. Payment Methods. The price is payable in cash, in full on the day the Order is placed by the Customer or upon shipment of an Order under the Discovery Offer, by secure payment, according to the following methods and according to the Territory:
- By credit card;
- By Paypal.
5.2. Late or Refused Payment. In the event that, for whatever reason, transmission of the money flow due by the Customer proves impossible, the Order would be cancelled and the sale automatically terminated.
ARTICLE 6 – DELIVERY
6.1. Place of Delivery. The Products offered can only be delivered to the Territory.
Products are shipped to the Delivery address that the Customer indicated during the Order process. If the Delivery address is invalid and therefore results in Products being returned for non-receipt at the address indicated during the Order, the costs of reshipping Products to the new address provided will be the Customer's responsibility.
6.2. Delivery Times and Costs. Products are generally delivered within 24 hours from the Order date. However, as this deadline is beyond the Seller's control, it is simply provided to the Customer as an indication.
Delivery costs may be offered by the Seller, in which case this will be mentioned on the Product page and on the Order summary page before proceeding to payment.
6.3. Delivery Methods. Deliveries are provided by a carrier selected by the Seller, to the address mentioned by the Customer during the Order and to which the carrier can access.
6.4. Order Status. The Customer can check their Order status on the Website in their Account. Delivery tracking can, where applicable, be carried out using certain carriers' online tracking tools. The Customer may also contact BONJOURDRINK at any time to obtain information on the status of their Order.
6.5. Packaging. Products will be packaged in accordance with current transport standards, to ensure maximum protection for Products during Delivery.
Customers undertake to respect the same standards when returning Products under the conditions set out in Article 8 – Right of Withdrawal.
6.6. Delivery Problem. In case of the Seller's failure to fulfill their obligation to deliver the good on the indicated date, the Customer may:
- Notify suspension of payment of all or part of the price until the professional performs;
- Terminate the contract if, after giving the Seller notice to effect delivery or provide the service within an additional reasonable period, the latter has not performed without delay.
The contract is considered terminated upon receipt by the Seller of the letter or written notice informing them of this termination, unless they have performed in the meantime.
However, the Customer may immediately terminate the contract:
- When the Seller refuses to deliver the good or when it is obvious they will not deliver the good;
- When the Seller does not fulfill their obligation to deliver the good within the indicated deadlines and this deadline constitutes an essential condition of the contract for the Customer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request by the Customer before conclusion of the contract.
These provisions are without prejudice to the allocation of damages.
When the contract is terminated under the aforementioned conditions, the Seller refunds the Customer all amounts paid, no later than fourteen (14) days following the date on which the contract was terminated.
At the time of Delivery, the Customer or the person designated by them to receive the Products must verify:
- That the number of Products delivered corresponds to the Seller's indications;
- That Product packaging is intact, not damaged or altered in any way.
The Customer or the person expressly designated by them must immediately contest any damage suffered by the Products or an error in their number or non-conformity of indications, by affixing a written control reservation on the delivery receipt. After acceptance of Products, the Customer cannot contest the external appearance of the Order.
ARTICLE 7 – TRANSFER OF OWNERSHIP
The Seller remains owner of delivered Products until their complete payment by the Customer.
The above provisions do not prevent transfer to the Customer, at the time of receipt by them or by a third party designated by them other than the carrier, of risks of loss or damage to Products subject to retention of title as well as risks of damage they may cause.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1 Withdrawal Principle. The Customer in principle has the right to withdraw without giving reasons by returning or restoring the Product to the Seller.
However, the right of withdrawal is in principle excluded in cases provided for by provisions of Article L.221-28 of the Consumer Code. As such, the right of withdrawal is notably excluded in the case of supply of goods likely to deteriorate or expire rapidly. The right of withdrawal is also excluded for Products that have been unsealed by the Customer after Delivery and cannot be returned for health protection reasons.
8.2 Withdrawal Period. The Seller offers the Customer the possibility to withdraw within sixty (60) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the good. The Product must then be returned within fourteen (14) days following notification to the Seller of the Customer's decision to withdraw.
In case the Customer ordered several Products via a single Order giving rise to several Deliveries (or in the case of an Order of a single Product delivered in several batches), the withdrawal period will expire sixty (60) days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last good.
8.3 Notification of Right of Withdrawal. The Customer may exercise their right of withdrawal by any unambiguous declaration expressing their wish to withdraw, notably sent by email to hello@bonjourdrink.co or by mail, within 60 days from receipt of their Order.
The Customer may also use this form:
WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of BONJOURDRINK, 229 rue Saint-Honoré – 75001 Paris, hello@bonjourdrink.co:
I hereby notify my withdrawal from the contract for the sale of the good below:
Ordered on / received on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only in case of notification of this form on paper):
Date:
For the withdrawal period to be respected, the Customer must transmit their communication relating to exercise of the right of withdrawal before expiration of the withdrawal period.
8.4 Effects of Withdrawal. In case of withdrawal by the Customer, the Seller undertakes to refund all amounts paid by the Customer, including any delivery costs, without undue delay, and no later than fourteen (14) days from the date on which the Seller is informed of the Customer's decision to withdraw.
Unless they offer to collect the Products themselves, the Seller may defer reimbursement until recovery of Products or until the Customer has provided proof of shipment of Products, whichever occurs first.
The Seller will proceed with reimbursement using the same payment method that the Customer used for the initial transaction.
8.5. Return Methods. The Customer must in any event, at the latest fourteen (14) days after communication of their decision to withdraw from the contract, return the Product(s) to the address provided by the Seller. This deadline is deemed respected if the Customer returns the good before expiration of the fourteen (14) day period.
Return costs are the exclusive responsibility of the Customer. The Product must be returned following the Seller's instructions specified to the Customer when they notify their wish to return the Product.
8.6. Condition of Returned Products. Products must be returned properly packaged in their original condition, except in the case where the Seller has exceptionally accepted that the right of withdrawal applies to an unsealed product, and include all accessories delivered.
Your liability could only be engaged for depreciation of the good resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this good.
ARTICLE 9 – WARRANTY
Apart from commercial warranties that the Seller may offer for certain Products, all Customers benefit from "legal" warranties, for all Products, which are detailed below.
The consumer has a period of two years from delivery of the good to obtain implementation of the legal warranty of conformity in case of appearance of a conformity defect. During this period, the consumer is only required to establish the existence of the conformity defect and not the date of its appearance.
When the good's sale contract provides for supply of digital content or a digital service continuously for a period exceeding two years, the legal warranty applies to this digital content or digital service throughout the supply period provided. During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service and not the date of its appearance.
The legal warranty of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain conformity of the good.
The legal warranty of conformity gives the consumer the right to repair or replacement of the good within thirty days of their request, free of charge and without major inconvenience to them.
If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the good, but the seller imposes replacement, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the good or terminate the contract by being fully refunded upon return of the good, if:
1° The professional refuses to repair or replace the good;
2° Repair or replacement of the good occurs after a period of thirty days;
3° Repair or replacement of the good causes major inconvenience to the consumer, particularly when the consumer definitively bears costs of taking back or removing the non-conforming good, or if they bear installation costs of the repaired or replacement good;
4° Non-conformity of the good persists despite the seller's unsuccessful attempt to bring into conformity.
The consumer also has the right to a reduction in the price of the good or termination of the contract when the conformity defect is so serious that it justifies that the price reduction or contract termination be immediate. The consumer is then not required to request repair or replacement of the good beforehand.
The consumer does not have the right to terminate the sale if the conformity defect is minor.
Any period of immobilization of the good for its repair or replacement suspends the remaining warranty until delivery of the good returned to working order.
The consumer also benefits from the legal warranty against hidden defects, for a period of two years from discovery of the defect. This warranty gives the right to a price reduction if the good is kept or to a full refund upon return of the good.
ARTICLE 10 – LIABILITY
The Seller has an obligation of means for all stages of Product Order taking, as well as for stages subsequent to Order taking.
The Seller's liability can in no case be engaged in case of non-performance or poor performance of contractual obligations attributable to the Customer, particularly during entry of their Order.
The Seller cannot be held responsible, or considered to have failed the T&Cs, for any delay or non-performance, when the cause of delay or non-performance is linked to a case of force majeure as defined by French court and tribunal case law.
It is further specified that the Seller does not control websites that are directly or indirectly linked to the Website and therefore cannot be held responsible for information published therein. Links to third-party websites are provided for information purposes only and no guarantee is provided as to their content.
ARTICLE 11 – FORCE MAJEURE
The Parties cannot be held responsible if non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the debtor's control, which could not be reasonably foreseen at contract conclusion and whose effects cannot be avoided by appropriate measures, prevents performance of their obligation by the debtor. The Party noting the event must without delay inform the other Party of their impossibility to perform their service.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies contract termination.
If the impediment is permanent, these shall be purely and simply terminated automatically and the Parties will be released from their obligations under conditions provided in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 12 – PROOF & ARCHIVING
Any contract concluded with the Customer corresponding to an order of an amount exceeding one hundred twenty (120) euros including tax will be archived by the Seller for a period of ten (10) years in accordance with provisions of Article L. 213-1 of the Consumer Code.
The Seller agrees to archive this information to ensure transaction tracking and to produce a copy of the contract at the Customer's request.
In case of dispute, the Seller will have the possibility to prove that their electronic tracking system is reliable and guarantees transaction integrity.
ARTICLE 13 – PERSONAL DATA
The Seller collects personal data concerning its Customers on the Website which are notably necessary for processing their Orders, establishing invoices, processing their inquiries and, if the Customer has expressly chosen this option, sending promotional offers, unless the Customer no longer wishes to receive such communications from the Seller.
This data may be communicated to the Seller's possible subcontractors responsible for execution, processing, management and payment of orders.
The Customer is invited to consult the Seller's Privacy Policy accessible at the following address: [insert link to privacy policy] which will provide more information relating to protection of personal data, processing carried out via the Website and methods of exercising rights.
Any consumer has the possibility to register free of charge on the BLOCTEL telemarketing opposition list https://www.bloctel.gouv.fr/. In accordance with law no. 2020-901 of July 24, 2020 aimed at regulating telemarketing and combating fraudulent calls, any professional reserves the right to solicit a consumer registered on the telemarketing opposition list when it concerns solicitations occurring within the framework of execution of a current contract and related to the subject of said contract, including when it concerns offering the consumer products or services related or complementary to the subject of the current contract or likely to improve its performance or quality.
ARTICLE 14 – CUSTOMER SERVICE
For any question, information or complaint, the Seller's customer service is at the Customer's disposal every day except weekends and public holidays for any question relating to tracking of their Order, withdrawal or Product non-conformity after purchase.
Any request must be addressed:
- Either by email to hello@bonjourdrink.co; or
- By mail to the following address: BONJOURDRINK, 229 rue Saint-Honoré – 75001 Paris.
- Or directly on your account: https://bonjourdrink.co/account/login
ARTICLE 15 – INTELLECTUAL PROPERTY
The Seller is the exclusive holder of intellectual property rights on Products offered on the Website, on trademarks, patents, designs and models and copyrights associated with Products, on the Website and all its elements, notably on visual and graphic identity, on its design, on its ergonomics, its functionalities, on software, texts, moving or still images, sounds, know-how, drawings, graphics and on names, acronyms, logos, or other signs that may be created or used by the Seller.
The Customer is prohibited from using patents, trademarks, images, designs and models or any other element on which the Seller holds intellectual property rights.
Furthermore, intellectual property rights on documents contained on the Website and each of the elements created for this Website are the exclusive property of the Seller, who grants no license nor any other right than that of consulting the Website. Reproduction of any page or content of said Website is subject to prior written authorization from the Seller except in case of private copying.
Reproduction of all documents published on the Website is only authorized for exclusive information purposes for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Acceptance of these T&Cs constitutes recognition by the Customer of the Seller's intellectual property rights.
ARTICLE 16 – VALIDITY OF T&CS
Any modification of legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these T&Cs cannot affect the validity of these T&Cs. Such modification or decision in no way authorizes Customers to disregard these T&Cs.
ARTICLE 17 – MODIFICATION OF T&CS
The T&Cs are precisely dated and may be modified and updated by the Seller at any time.
The applicable T&Cs are those in force at the time of Order.
Modifications made to the T&Cs will not apply to Products already purchased.
ARTICLE 18 – JURISDICTION AND APPLICABLE LAW
These T&Cs and operations resulting therefrom are governed and subject to French law.
All disputes to which purchase and sale operations concluded in application of these T&Cs may give rise, concerning both their validity, interpretation, execution, termination, consequences and their consequences and which could not be resolved between the Seller and the Customer will be submitted to competent French courts under common law conditions.
However, prior to any recourse to an arbitrator or state judge, the Customer is invited to contact the Seller. If no agreement is found or if the Customer justifies having previously attempted to resolve their dispute directly with the Seller through a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith with a view to reaching an amicable agreement upon occurrence of any conflict relating to this contract, including regarding its validity.
The Seller's mediator is currently being appointed.
Any consumer also has the possibility to use the European online dispute resolution platform accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN.
The Party wishing to implement the mediation process must first inform the other Party by registered letter with acknowledgment of receipt indicating the elements of the conflict.
As mediation is not mandatory, the Customer or Seller may withdraw from the process at any time. In the event that mediation fails or is not considered, the dispute that could have given rise to mediation will be referred to the competent jurisdiction designated above.