The following General Terms and Conditions for Sales of Products by Telephone (the “Terms”) shall govern the offer and sale of products by telephone by Les Boutiques Boucheron SA, incorporated and registered with the Trade and Companies Registry of Paris under number 339 290 439, whose registered office is at 26 Place Vendôme , 75001 Paris, with VAT number FR833 392 290 439 (the “Seller” or “We”). These Terms apply exclusively to sales by telephone.
1.1 The Seller offers products for sale exclusively to end purchasers who are consumers and are 18 years old or over (“Consumers” or “You”).
1.2 A Consumer is an individual who is acting for purposes that are outside his or her trade, business or profession. If You are not a Consumer, please do not buy any products from the Seller via this method.
1.3 The Seller reserves the right not to accept any orders (i) received from clients who are not Consumers, (ii) received from clients residing outside the European Union, or (iii) which does not comply with these Terms.
1.4 These Terms will govern the offer and acceptance of purchase orders of products between the Seller and the Consumer placed by telephone, as well as the delivery of products.
2.1 In order to place an order for the purchase of one or more product(s) with the Seller, You must call either the Customer Service at +33 (1) 42 44 40 30 or the Seller’s store , and provide all the information (such as your identity and contact details, product details, delivery and billing addresses, payment information, etc.) requested by the sales assistant or Customer Service advisor.
2.2 Before placing your order, the sales assistant or Customer Service advisor will inform You of the identity of the Seller, the main characteristics of each product You are considering ordering and corresponding unit price (including all applicable fees and taxes), payment and delivery conditions, as well as your right to cancel (including the address to which You can return the products) as set forth in Clause 8 below.
2.3 By placing an order, You acknowledge that You have read these Terms and accept and undertake to comply with them.
2.3 After placing your order, the Seller will send You an order confirmation by email, containing a summary of the information related to the order (the main characteristics of the products, detailed information on the price and delivery date, shipping and billing details), as well as a link containing the Terms and a link to pay (the “Order Confirmation”).
2.5 The sale contract (the “Contract”) is completed once We issue the Order Confirmation.
3.1 You will be able to order products which You can choose to personalise (“Personalised Products”).
3.2 By way of exception to Clause 6 below, if You purchase, in one order, Personalised Product with different delivery dates, all such products will be shipped together in one same delivery on the estimated date on which the last of the products is available.
3.3 Please note that, given their bespoke nature, the cancellation right under Clause 8 below will not apply to Personalised Products, which cannot be returned unless there is a defect or an error (and not merely because You have changed your mind).
4.1 The Seller solely sells products bearing the “Boucheron” trademark.
4.2 Without prejudice to your legal rights explained below, the Seller does not sell used, defective, counterfeited products or products of lower quality than market standards.
4.3 The features and price of the products are described in the catalogues available the Seller’s stores, although minor variations from images and descriptions can occur including due to color reproduction in product photographs.
4.4 All products sold by the Seller will be sell with a certificate of authenticity.
4.5 The Seller warrants that the products will conform with the Contract as set forth in Articles L. 217-4 et seq. of the French Consumer Code and warrants the products against latent defects as set forth in Articles 1641 et seq. of the French Civil Code.
If the product You have purchased does not conform with the Contract, You have a period of two years from delivery of the product to make a claim under French consumer law and are not required to supply proof of the existence of a lack of conformity.
You can choose between the repair or the replacement of the product, unless one option is clearly more expensive than the other, in which case the Seller may proceed with the less expensive option, pursuant to Article L. 217-9 of the French Consumer Code.
In addition, You are also entitled to a warranty for latent defects in the product(s) purchased within the meaning of Article 1641 of the French Civil Code. In this case, You can choose between the cancellation of the sale or a reduction in the sales price pursuant to Article 1644 of the French Civil Code.
5.1 Payment of the purchase price of the products and of the delivery charges must be made via payment card by providing your payment card information electronically, within twenty-four (24) hours of the placement of your order with the Seller, using the link sent to You by the Seller by email. Failing to provide your payment card information within this timeframe will result in the automatic cancellation of your order.
5.2 Types of payment cards accepted will be communicated in the email containing the link to pay.
5.3 All card details (such as card number and expiry date) will never be used by the Seller for any reason other than your purchase, and to issue any possible refund should any product be returned as a result of the exercise of your cancellation right or should it be necessary to provide information to the governmental authorities or other appropriate bodies for the purpose of the prevention of frauds or the notification of fraudulent or other illegal activities.
5.4 Les Boutiques Boucheron, a French simplified stock corporation, registered under No. 339 290 439 RCS Paris, with VAT number FR833 392 290 439 and having its registered office at 26 Place Vendôme, 75001, Paris, France is the group entity contracting with the payment services provider (Adyen B.V. having its registered office at Simon Carmiggelstraat 6-50, Amsterdam, The Netherlands) responsible for the payment processing.
6.1 Deliveries cannot be made to sanctioned countries as per applicable laws.
6.2 The shipping and delivery terms as well as the related charges will be those agreed upon during the order process and set forth in the Order Confirmation. The charges related to the shipment will be free.
6.3 The Seller will send You an email to inform You when your order has been shipped and allow You to track it.
7.1 For any information, after-sales support or claims, please contact the Customer Service at +33 (1) 42 44 40 30
Except for Personalized Products, You are entitled to cancel your Contract in line with the following instructions:
8.1 Right to cancel
8.1.1 You have the right to cancel this Contract within 14 days without giving any reason.
8.1.2 The cancellation period will expire after 14 days from the day on which You, acquire or a third party other than the carrier and indicated by You, acquire physical possession of the products or, in the case of multiple products in one order delivered separately, the last product and sign the delivery note provided by the carrier.
8.1.3 To exercise the right to cancel, You must inform the Seller at the address specified in the Order Confirmation of your decision to cancel this Contract by an unequivocal statement (e.g., by an email sent to the following email address: firstname.lastname@example.org. You may use the model cancellation form below, but it is not mandatory. Upon receipt of Your notice of cancellation, the Seller will communicate to You an acknowledgement of receipt of such a cancellation on a durable medium (e.g., by email) without delay.
8.1.4 To meet the cancellation deadline, it is sufficient for You to send the communication concerning your exercise of the right to cancel before the cancellation period has expired.
8.2 Effects of cancellation
8.2.1 If you cancel the Contract, subject to the provisions of the article 8.2.2,the Seller will reimburse to You all payment received from You, including the potential cost of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by the Seller), without undue delay and in any event no later than 14 days from the day the Seller is informed about your decision to cancel the Contract. The Seller will provide such reimbursement using the same method of payment You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of such reimbursement. The Seller may withhold reimbursement until it has received the products back or You have supplied evidence of having sent back the products, whichever is the earliest.
8.2.2 If you cancel the Contract and if you decide to bring back the product to the Seller’s store, at the address indicated in the Order Confirmation, the Seller will issue You a credit note of an amount equal to all the payments received from You.
8.2.3 You shall send back the product to the Seller or bring the product back to the Seller’s boutique, at the address indicated in the Order Confirmation, without undue delay and in any event not later than 14 days from the day You send your notice of cancellation of the Contract to the Seller. The deadline is met if You send back the products before the period of 14 days has expired.
You will have to bear the direct cost of returning the products.
8.2.4 You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.
9.2 You have the right to register on the relevant national phone solicitation opt-out list.
10.1 In accordance with Article L. 213-1 of the French Consumer Code, the Seller will retain and archive, for 10 years, the Contracts entered into with You for a value of 120 EUR or above, and will grant You access thereto at any time.
10.2 You may exercise your access right by contacting the Customer Service (see Clause 7).
11.1 These Terms are governed by French law, except in cases where the law of your country of residence requires a higher level of protection that cannot be derogated from by agreement, in which case such law shall apply.
11.2 For the avoidance of doubt, the Convention on the International Sale of Goods shall not apply.
11.3 In case of dispute, the Seller invites You to contact the Customer Service (see Clause 7), in order to find an amicable solution. If You are an EU resident and if no amicable solution is found after You sent the Seller a claim in writing, You are informed that You can resort, free of charge, to mediation. If You finalize your purchase online, You can also submit your claims on the online dispute resolution website (http://ec.europa.eu/consumers/odr/) of the European Commission, which will transmit your claim to the relevant mediator.
11.4 In any case, in the event of a dispute, the French Courts will have jurisdiction.
(Complete and return this form only if You wish to withdraw from the Contract)
To (see contact information in the Order Confirmation):
I/We(1) hereby give notice that I/We(1) withdraw from my/our (1) contract of sale of the following goods(1)/for the provision of the following service(1),
Ordered on(1)/received on(1), Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate