General Conditions of Use and Sale
These General Conditions of Use and Sale (hereinafter the “ CGUV ") are offered by the company BoGeSi, a simplified joint stock company with capital of 3,000 euros, registered in the Paris Trade and Companies Register under number 979 681 616 whose head office is located at 47 rue Blanche in Paris (75009), and whose individual VAT identification number is FR53979681616 (hereinafter “ BoGeSi ").
BoGeSi’s contact details are as follows:
- Address: 47 Rue Blanche, 75009 Paris;
- Telephone: +33 (0)7 56 88 42 45;
- E-mail : contact@lapaletteai.com ;
BoGeSi sells, through its website https://lapaletteai.com/ which she operates
(hereinafter the “Site”) clothing (hereinafter the “ Products ").
By issuing an order for Products, each customer acknowledges and declares having read, in a readable and understandable manner, these General Terms and Conditions as well as all the information necessary for the execution of these, in accordance in particular with articles L. 111-1 to L. 111-8 of the Consumer Code, prior to placing your order and before any conclusion of a contract with BoGeSi.
ARTICLE 1 – APPLICATION AND ENFORCEMENT OF THE CGUV
These General Terms and Conditions apply to any use of the Site as well as to any Product order by any customer, who by issuing an order for Products declares to be a natural person acting for purposes which do not fall within the scope of their activity. professional and consequently act as a consumer within the meaning of the Consumer Code (hereinafter the “ Customer ), carried out on the Site, from October 5, 2023.
The purpose of these General Terms and Conditions is to define the conditions for ordering the Products as well as the respective rights and obligations of each party in the context of the supply of the Products.
Unless agreed in writing by the parties, these General Terms and Conditions take precedence over any contrary clauses from general conditions of sale previously drawn up and published on the Site. These General Terms and Conditions constitute, with the order, the contract concluded between BoGeSi and the Customer.
The General Terms and Conditions are systematically notified to the Customer when placing their order on the Site. Acceptance of the CGUV consists of checking the box corresponding to the sentence of acceptance of these CGUV. Checking this box will be deemed to have the same value as a handwritten signature from the Customer. The Customer's order cannot be completed and validated without the latter checking said box.
BoGeSi reserves the right to modify and/or adapt the terms of its services as well as these General Terms and Conditions at any time. In any event, only the version in force on the day of the Customer's order on the Site and notified to the latter when placing their order will be validly applicable. However, BoGeSi undertakes to inform the Client of such modifications, upon subsequent connection to the Site, by a notification published on the Site. In any case, any use of the Site and any order placed after such modifications implies that the Customer accepts the new version of the General Terms and Conditions.
The fact that BoGeSi does not avail itself, at a given moment, of any of the provisions of these CGUV cannot be interpreted as a waiver of its right to avail itself subsequently.
BoGeSi invites each of its Customers to carefully read the content of these General Terms and Conditions, to print them and/or save them on any durable medium, before ordering any Product offered on the BoGeSi Site. The General Terms and Conditions in their current version are published on the Site and accessible by the Customer directly there.
ARTICLE 2 – ACCESS, USE AND AVAILABILITY OF THE SITE
BoGeSi offers free access to the Site, the Customer remaining solely responsible for their computer equipment and their connection to the Internet network, the costs of which are their responsibility.
Access to the Site can be achieved:
- from a computer or an equivalent terminal with access to one or more telecommunications networks allowing access to the Internet network and Internet navigation software (such as Chrome, Mozilla Firefox, etc.);
- from a telephone terminal with access to a telecommunications network allowing access to the Internet network (3G, 4G, Edge, wifi connection, etc.).
BoGeSi uses its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which the Site is hosted or cases of force majeure (such as a malfunction affecting communication networks and Internet).
The Customer is informed of the technical hazards inherent to the Internet and the access interruptions that may result. Consequently, BoGeSi cannot be held responsible for any unavailability or slowdowns or malfunctions of the Site.
Any breach by a Customer of these General Terms and Conditions may result in the prohibition of their right of access to the Site, either temporarily or permanently.
ARTICLE 3 – CREATION / HOLDING A PERSONAL USER ACCOUNT
The creation and/or holding of a personal user account (hereinafter the “ Account ") is not a necessary prerequisite for ordering Products on the Site.
However, in the event of creation of a User Account, the Customer will have full responsibility for managing and securing the identifiers and password of his Account. It is the Customer's responsibility to inform BoGeSi immediately in the event of loss, fraudulent use or suspicion of fraudulent use of their account login credentials, to change them and, if necessary, to ask BOGESI to deactivate the relevant login credentials.
The Customer creates his User Account by providing a certain amount of information concerning him. To this end, he must indicate his first name, his last name, as well as his email address and a sufficiently complex password to guarantee security.
ARTICLE 4 – TERMS OF CONCLUSION OF THE CONTRACT
All orders for Products must necessarily be made through the Site.
The Customer chooses directly on the BOGESI Site the Product(s) he wishes to order as well as the number of items to order.
BoGeSi strives to provide photographs and descriptions that are faithful to the Products presented on the Site. However, as these photographs and illustrative texts are not contractual, they do not constitute a commitment by BoGeSi.
The Customer chooses alone, and under his responsibility, the size of the Products ordered, using the size guide provided for this purpose by BoGeSi on its Site.
The Customer is also required to provide a certain amount of additional information concerning him in order to validate his order. This information is strictly necessary for the execution of the order.
The Customer will be able to access the “Basket” page in order to view the Products ordered and validate the order. In any case, the Customer may make changes, corrections, additions or even cancel his order, until it is validated on the order summary page, before payment.
Before proceeding with the validation of his order, the Customer must read these General Terms and Conditions and accept them in their entirety and without reservation by checking the box provided for this purpose.
If their order is validated, the Customer is directed to the secure payment tool to enter their bank details in the space reserved for this purpose, then validate the payment, according to the terms described in article 5 below. .
Any validation of the order by the Customer is final and binds the latter, in particular to the payment of the corresponding price, of which the Customer is expressly informed by BoGeSi when he validates his order.
The contract is definitively concluded between BoGeSi and the Customer as soon as the latter has received the order confirmation issued by BoGeSi, which will only take place after confirmation of payment. This confirmation is sent to the Customer by email to the address indicated by the latter when ordering and/or creating their Account, after payment and finalization of the order.
Any request relating to an order must be sent to BoGeSi by email to contact@lapaletteai.com.
ARTICLE 5 – PRICE AND PAYMENT TERMS
Product Prices
Access to the Site as well as the presentation of the Products is free for the Customer. Only the order of one or more Products will be subject to payment by the latter.
The prices of the Products are mentioned on the Site in euros and all taxes included, delivery costs being offered by BoGeSi, excluding any additional costs. The applicable prices are those valid on the day of the order on the Site by the Customer.
The prices of the Products, delivery costs and any additional costs linked to the order are indicated, in a clear and understandable manner, on the order summary. Before placing the order, the Customer is required to confirm this summary.
Payment terms
Prices will be invoiced based on the rates in effect at the time of the order. An invoice summarizing all the Products ordered by the Customer as well as their respective cost and the delivery costs and any additional costs linked to the order, will be systematically sent to the latter.
The Customer will pay the price, directly on the Site, and imperatively before any execution by BoGeSi, in accordance with the process provided for this purpose.
Payment by the Customer is a necessary prerequisite for validation of his order.
ARTICLE 6 – DELIVERY OF PRODUCTS
Delivery costs are offered by BoGeSi, the price indicated when placing the order therefore means the price net of delivery costs.
As an indication, the average delivery time for Products in the European Union is between 4 days and 7 days, depending on the delivery address.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, BoGeSi undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract.
In accordance with articles L. 216-1 et seq. of the Consumer Code, the delivery of a Product means the transfer to the Customer of its physical possession or control. Any risk of loss or damage to a Product is transferred to the Customer at the moment when the latter, or the third party designated by him for this purpose, takes physical possession of it.
BoGeSi is entitled to make partial deliveries for each order, which the Customer expressly accepts and acknowledges.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing in relation to the delivery note, damaged package, broken or damaged Products, etc.).
If the Customer's package, once refused by the latter, is returned to BoGeSi by the Post Office or by other postal service providers, BoGeSi will contact the Customer upon receipt of the returned package to ask him what action to take on his order, in particular in the event of the legal guarantee of conformity being called into play. If the Customer has mistakenly refused the package, he or she may request its return by first paying the postal costs for the new shipment. Postal costs will have to be paid even though shipping costs were offered when ordering.
In the event of late delivery compared to the date or time indicated to the Customer when ordering or, in the absence of indication of date or time when ordering, more than thirty (30) days from the conclusion of the contract, the consumer may terminate the contract if, after having given BoGeSi formal notice to carry out delivery within an additional period of fifteen (15) days, BoGeSi has not complied within this period.
The contract is considered terminated upon receipt by BoGeSi of a written notification of termination of the contract sent by the Client by registered letter with acknowledgment of receipt, unless BoGeSi has complied in the meantime.
The Customer may, however, immediately terminate the contract under the conditions of article L. 216-6,II of the Consumer Code, in particular if BoGeSi does not fulfill its delivery obligation on the date or within the aforementioned period and that this -this constitutes for the Customer an essential condition of the contract.
In the event of termination of the contract, the Customer will then be reimbursed by BoGeSi, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid.
This clause is not intended to apply if the delivery delay is due to a case of force majeure.
ARTICLE 7 – RIGHT OF WITHDRAWAL
The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the site or any other declaration, unambiguous, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated above in article 1 of these General Terms and Conditions.
Products purchased from https://lapaletteai.com/ and for which the Customer wishes to exercise his right of withdrawal, must be returned in perfect condition, without having been used, without deterioration, without stains, without odor or any other condition which would prevent them from being resold as new. The items must also be returned in their original packaging, including all labels and any elements included in the packaging, in order to allow their re-marketing in new condition.
All direct return fees and costs are the responsibility of the Customer.
Any return must be made within 14 days of receipt of the Products by the Customer, in order to receive a refund.
Products on sale, damaged, soiled or incomplete will not be returned.
Once the Products are received by BoGeSi, they will be inspected to confirm that they have not been worn, that they have not been damaged and that the labels are intact. The refund procedure will be initiated upon confirmation that the Products meet the conditions defined in this article.
A confirmation email will be sent to the Customer as soon as this procedure is completed and the refund has been made.
The refund will be made within 14 days of receipt, by BoGeSi, of the Products returned by the Customer under the conditions provided for in this article.
It is not possible to change the Product, model or size. To make an exchange, the Customer must return the purchased Product and make a new purchase of the desired Product on the Site.
ARTICLE 8 – PRODUCT WARRANTIES
The Customer has the possibility, depending on the cases and under the terms and conditions provided for by law in addition to those expressed below, to invoke either the legal guarantee of conformity, or the legal guarantee of hidden defects, or the commercial guarantee granted by BoGeSi.
The consumer has a period of two years from delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of its appearance.
The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience for them.
If the item is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair of the good, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or end the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of substitution ;
4° The non-compliance of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer also has the right to a reduction in the price of the good or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in the price or the termination of the contract being immediate. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer does not have the right to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the item for repair or replacement suspends the warranty which remained to run until delivery of the restored item.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover (article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee gives the right to a price reduction if the item is kept or to a full refund against return of the item.
In the event of the legal guarantee of conformity or the legal guarantee of hidden defects being called into play, the Customer informs BoGeSi by email at the address contact@lapaletteai.com or by post to the postal address indicated in Article 1 of these CGUV or by means of the contact form accessible on the Site, specifying the subject and nature of the request.
ARTICLE 9 – INTELLECTUAL PROPERTY
The Site, as well as the databases, texts, documents, information, images, photographs, graphics, logos, or any other data remain the exclusive property of BoGeSi or, where applicable, of their respective owners from whom BoGeSi has obtained authorizations. operating.
In the event that there is a clear infringement of the intellectual property rights relating to the Site or the BoGeSi brand by a third party, the Customer is invited to notify BoGeSi of any infringement via the site's contact page.
ARTICLE 10 – LIABILITY
Each party assumes responsibility for the consequences resulting from its faults, errors or omissions and causing direct damage to the other party.
Responsibility of BOGESI
BoGeSi makes its best efforts to ensure that the Customer is supplied, under optimal conditions, with quality Products. It assumes full responsibility for any defects in the Products that it sells to Customers through the Site under the terms of the aforementioned legal and conventional guarantees and will only deal with potential complaints relating to said Products.
BoGeSi declines all responsibility for the fraudulent use of Products sold on its site.
BoGeSi cannot, however, be held responsible for any damage attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party outside the contract, or to a case of force majeure.
BoGeSi cannot be held responsible for the non-functioning, impossibility of access or malfunctions of the services of the Customers' access provider, or those of the Internet network.
Customer Responsibility
The Customer is solely responsible for the choice, size and number of Products ordered through the Site.
The Client is solely responsible towards BoGeSi and, where applicable, third parties, for any damage, of whatever nature, caused by information or any other publication communicated, transmitted or disseminated on the occasion of the present, as well as any breach on its part of these contractual stipulations.
ARTICLE 11 – FORCE MAJEURE
“Force majeure” is defined under the terms of article 1218 of the Civil Code as any event beyond the control of one of the parties and which could not be reasonably foreseen when accepting these CGUV and whose effects cannot be avoided by appropriate measures, which prevents the performance of its obligation by that party. In particular, blockages or difficulties linked to telecommunications, blockages or difficulties linked to the Internet, breakdown of equipment broadcasting the service, fire, water damage, blockage of means of communication are considered to constitute cases of force majeure. transport or supply, total or partial strike, breakdowns of industrial equipment, difficulties linked to postal, transport and delivery services, etc. Such an event will be characterized as soon as the party, victim of such an event, would be prevented from properly performing its contractual obligations, despite the implementation of adequate and appropriate measures intended to limit the effects.
Neither party will be held responsible towards the other for the non-execution or delays in the execution of an obligation arising from these CGUV which would be due in whole or in part following the occurrence of a case of force majeure, as recognized and defined by French law and jurisprudence.
The case of force majeure suspends the obligations arising from these CGUV for the entire duration of its existence, and neither party may, during this period, validly rely on the existence of such a case of force majeure within the meaning of the Article 1218 of the Civil Code in order to justify the end of its contractual relationship with the other party or to claim any compensation in this regard. However, if the case of force majeure were definitive, it would give rise to the right to the automatic termination of these CGUV by one or the other of the parties, eight (8) days after sending a registered letter with notice receipt notifying this decision, each party retaining its responsibility for the costs incurred by it.
ARTICLE 12 – PROTECTION OF PERSONAL DATA
The Customer is informed that the creation of his personal account as well as the placing of his orders for Products on the Site and their execution, as well as the visit of the Site by an Internet user, gives rise to the collection and automated processing of personal data. personal data concerning it by BoGeSi, the use of which is subject to the provisions of law n°78-17 of January 6, 1978 relating to Computing, Files and Liberties, as modified by law n°2016-1321 of October 7, 2016, Law No. 2018-493 of June 20, 2018 relating to the protection of personal data and European Regulation 2016/679 of April 27, 2016 relating to the protection of individuals with regard to the processing of personal data personal and the free circulation of these data (hereinafter “ GDPR » and, together with the aforementioned legislative provisions and all those which may apply, the “ Data Protection Regulations ”).
In application of law 78-17 of January 6, 1978 modified by law n°2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer are necessary, in particular for the processing of his order and the establishment bills.
This data may be communicated to any partners of the Seller responsible for the execution, processing, management and payment of orders.
Processing of information communicated via the website https://lapaletteai.com/ meets legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Customer has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition to portability and limitation of processing with regard to information concerning him.
This right can be exercised under the conditions and according to the terms defined on the website. https://lapaletteai.com/ .
The Client, noting that a violation of the general regulations on the protection of personal data has been committed, has the possibility of mandating an association or an organization mentioned in IV of article 43 ter of the IT and freedom law of 1978, in order to to obtain compensation against the data controller or subcontractor before a civil or administrative court or before the National Commission for Information Technology and Liberties.
ARTICLE 13 – HYPERTEXT LINKS
The Site may include hypertext links to other sites.
BoGeSi cannot, under any circumstances, be held responsible for the technical availability of websites or mobile applications operated by third parties which the Client accesses via the Site. In addition, BoGeSi cannot therefore bear any responsibility for the content, advertising, products and services available on or from these sites, mobile applications or external sources.
If, despite the efforts of BoGeSi, one of the hypertext links present on the Site pointed to a site or an internet source whose content was or appeared not to comply with the requirements of French law to a Client, the latter undertakes to immediately contact the publication director of the Site, whose contact details appear in the legal notices published on the Site, in order to communicate to him the address of the pages of the third-party site in question. BoGeSi will then do what is necessary after verification to delete the hyperlink concerned.
Each Customer is informed and expressly accepts that BoGeSi may use posts and/or photographs from Instagram accounts containing the hashtag “La Palette AI”, or any other similar formulation clearly referring to one of the Products marketed by BoGeSi, by reproducing them on its Site.
ARTICLE 14 – BOGESI CUSTOMER SERVICE
Any complaint must be sent by post or email to the following contact details:
BoGeSi
Customer service
47 Rue Blanche
75009 Paris
Such. : +33 (0) 7 56 88 42 45
Email: contact@lapaletteai.com
ARTICLE 15 – APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions are governed by French law.
In the event of a dispute to which these CGUV (or one of their clauses) and/or the relations between BoGeSi and a Customer could give rise, the Consumer Customer may take recourse at his choice, in addition to one of the territorially competent courts under of the Code of Civil Procedure, the jurisdiction of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
According to article L. 612-1 of the Consumer Code, it is recalled that “ every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute between them and a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system. ".
In accordance in particular with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, as well as Ordinance No. 2016-301 of March 14, 2016, any dispute or so-called consumer dispute, subject to article L. 612-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with the CMAP – Paris Mediation and Arbitration Center.
To submit his dispute to the mediator, the Customer can:
(i) complete the form on the CMAP website: https://www.cmap.fr/consommateurs/ ; Or,
(ii) send your request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS; Or,
(iii) send an email to consumption@cmap.fr .
Please note that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.