The BPS38 online store was set up by the company BPS38, ZI de Tire-Poix, 38660 Saint Vincent-de-Mercuze, holder of the rights and operator of the BPS38 and Osm'Ose commercial brand.
Any order taken for a product appearing in the BPS38 store implies the prior consultation of the present general conditions.
Consequently, the customer acknowledges that he/she is perfectly aware that his/her agreement concerning the content of the present general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the store of the website www.BPS38.com.
The customer has the option of saving or editing these general conditions, it being specified that both the saving and editing of this document are his sole responsibility.
The customer acknowledges having read the following information on the BPS38 website
- Legal notice allowing a precise identification of the brands BPS38 and Osm'Ose and of the company BPS38 operating this brand.
- Presentation of the essential characteristics of the products offered.
- Indication, in Euros, of the price of the products, as well as, if applicable, the delivery costs.
- Indication of the terms of payment, delivery or execution of the order.
- The existence of a right of withdrawal.
- All this information is presented in French.
The consumer declares to have the full legal capacity allowing him to engage under these general conditions.
ARTICLE 1 - COMPLETENESS :
The present general conditions express the entirety of the obligations of the parties. In this sense, the customer is deemed to accept without reservation the entirety of the provisions set out in these general conditions. No general or specific condition appearing in the documents sent or given by the customer will be able to be integrated into the present, since these documents would be incompatible with these general conditions.
ARTICLE 2 - PURPOSE :
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by BPS38 to its customers.
ARTICLE 3 - CONTRACTUAL DOCUMENTS :
This contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the order form. In case of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.
ARTICLE 4 - ENTRY INTO FORCE - DURATION :
The present general conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the online store of BPS38.
ARTICLE 5 - ELECTRONIC SIGNATURE :
The 'double click' of the consumer on the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
ARTICLE 6 - CONFIRMATION OF ORDER:
The contractual information will be the subject of a confirmation of order, by way of e-mail, at the latest at the time of the delivery or with the address indicated by the consumer within the purchase order.
Upon receipt of payment, under the conditions provided in Article 9, the Customer will receive an email confirmation of his order, mentioning the nature, quantity of products, and the total price of the order.
To this end, the user should take the necessary measures to ensure that the email address indicated at the time of the order is regularly used, and that the email sent by www.osmose@bps38.com is not blocked by a mail filtering device. BPS38 cannot be held responsible for the fact that this email is deleted by an "anti-SPAM" device.
It is recommended to the customer to keep this acknowledgement of receipt, which constitutes a proof of the order.
BPS38 reserves the right to refuse any order from a customer with whom there is a dispute regarding the payment of a previous order.
ARTICLE 7 - PROOF OF THE TRANSACTION:
The computerized registers, kept in the computer systems of the BPS38 online store, under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as proof.
ARTICLE 8 - PRODUCT INFORMATION:
BPS38, operator of the registered trademark Osm'Ose, manufactures and sells goods made to order. These goods are distributed by default, in random colors. The customer can decide to customize his product(s) by defining the color he wants for this product.
The BPS38 online store presents on its website the products to be sold with the necessary characteristics that allow to respect the Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order the essential characteristics of the products he/she wishes to buy.
The offers presented by the BPS38 online store are only valid while stocks last.
ARTICLE 9 - PRICES :
The prices are indicated in Euros. The prices of the items presented on the site may be modified without notice. The items are invoiced on the basis of the existing price list on the day the order is registered (the order form being proof of this). They do not take into account the possible expenses of delivery, invoiced in supplement, as indicated beforehand, before the validation of the order. The prices take into account the V.A.T. applicable on the day of the order and any change in the applicable rate of V.A.T. will automatically be reflected in the price of the products in the online store. The payment of the totality of the price must be realized at the time of the order. At no time, the paid sums could be regarded as deposits or installments.
9.1. Prices of the products
All the prices of the products are posted on our site in euros and including all taxes. In case of modification of the VAT rate, the price will be automatically modified at the date of the new rate. The final price of the order includes the price of the product(s), as well as the delivery charges.
9.2 Delivery charges
Delivery charges are due for each order placed. The exact amount depends on the place to which the order is to be sent, as well as the content, volume and weight of the products ordered.
The amount of the delivery charges is indicated in the "shopping cart" and is subject to the approval of the Customer, by the validation of the "shopping cart".
The Customer can proceed to a simulation of the global value of his order on the site. The amount indicated remains estimated and only the price retained at the time of the validation of the order has contractual value
ARTICLE 10 - METHOD OF PAYMENT:
The payment of the totality of the price is due as of the order taking.
To regulate its order, the consumer has, with its choice, of the whole of the modes of payment aimed within the purchase order. The customer guarantees to the BPS38 online store that he/she has the necessary authorizations to use the method of payment chosen by him/her, when validating the order form.
The online store BPS38 reserves the right to suspend any order and any delivery in case of refusal of authorization of payment by credit card from the officially accredited organizations or in case of non-payment.
The BPS38 online store reserves the right to refuse to make a delivery or to honor an order from a consumer who has not paid in full or in part for a previous order or with whom a payment dispute is being administered.
ARTICLE 11 - AVAILABILITY OF PRODUCTS:
If the products are in stock, the order will be executed at the latest within 3 working days from the day following the one when the seller validates the order.
If the products are not in stock, the order will be executed as soon as possible. The delivery times are indicative and are based on the generally observed delivery times. During certain periods of the year (such as the end of the year or the summer period for example), the lead times may be extended due to the saturation of our production line.
In case of unavailability of the ordered product, in particular because of our suppliers, the salesman will be able to send a product of equivalent quality and price. The consumer will be informed as soon as possible and will have the possibility to cancel his order. The consumer will then have the choice to ask either for the refund of the paid sums, or the exchange of product.
ARTICLE 12 - TERMS OF DELIVERY:
The products are delivered to the address indicated by the consumer on the purchase order. The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form. The company BPS38 managing the online store of BPS38 cannot be held responsible for the delay or non-delivery of a shipped order. Depending on the items ordered, the customer will be offered different delivery methods and carriers. It is also possible that the ordered product is sent directly by the supplier or commercial partner of BPS38.
As soon as we proceed with a shipment, you will immediately receive an email or a phone call informing you of this.
ARTICLE 13 - PRODUCT GUARANTEES AND LIABILITY :
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof shall not deprive the consumer of the legal guarantee which obliges the professional vendor to guarantee him/her against all the consequences of hidden defects in the thing sold.
The consumer is expressly informed that the online store of BPS38 is not the producer of all the products presented on the website, in the sense of the law n°98-389 of May 19th 1998 and relative to the responsibility for defective products.
The Company BPS38 is responsible for the defects of conformity existing at the time of delivery of the product. It is also responsible for defects in conformity resulting from the packaging or the assembly instructions.
In case of delivery of a non-conforming product or in case of delivery of a product revealing a hidden defect, the Company BPS38 undertakes either to reimburse the Buyer for the price of the product, or to exchange the product for another identical one depending on the available stocks, or to exchange it for a product of equivalent quality and price depending on the available stocks.
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
These provisions are not exclusive of the right of withdrawal defined in Article 8 hereof.
Products modified, repaired, integrated or added by the Buyer or any other person not authorized by the supplier of said product or service are excluded from the warranty.
The warranty shall not apply to apparent defects.
The warranty will not cover products or services damaged in transit or by misuse.
As a reminder, the responsibility of the Company BPS38 will not be retained in case of failure to fulfill its contractual obligations due to a fortuitous event or a case of force majeure, as defined by the jurisprudence.
ARTICLE 14 - RIGHT OF WITHDRAWAL:
The consumer has a period of 14 days to cancel his order or to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a holiday or day off, it is extended until the next business day. Any return must be reported in advance to the Customer Service of the company at the following address osmose@bps38.com.Pour more details on the procedure to follow, see the chapter 'Delivery - return'.
ARTICLE 15 - FORCE MAJEURE :
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or a force majeure. Will be considered as fortuitous event or force majeure all facts or circumstances irresistible, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which could not be prevented by these last ones, in spite of all the efforts reasonably possible. The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware of such circumstances. The two parties will then meet, within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will continue. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the courts and French tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, health crisis, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the customers.
ARTICLE 16 - PARTIAL NON-VALIDATION :
If one or more stipulations of the present general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
ARTICLE 17 - NON-WAIVER :
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions shall not be construed for the future as a waiver of the obligation in question.
ARTICLE 18 - TITLE :
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
ARTICLE 19 - APPLICABLE LAW:
The present general conditions are subject to French law. This is the case for the rules of substance as well as for the rules of form. In case of dispute or claim, the consumer will first contact the company BPS38 to obtain an amicable solution.
In the case of a sale between professionals, only the Commercial Court of Grenoble will have jurisdiction, even in the case of a warranty claim or multiple defendants.
Delivery and return
In spite of all the attention given to your order and the numerous controls carried out in the workshops of BPS38, a damage of transport, an error of preparation or a defective product can affect your order...
You may also have changed your mind and wish to exchange your product! BPS38 will do everything to give you complete satisfaction! We just ask you to respect the procedures defined below!
SHIPPING :
Unless otherwise agreed, the delivery is made to the address you indicated when you placed your order.
As soon as we receive your order, BPS38 will do its best to send you the goods as soon as possible. However, delivery times may vary beyond the control of BPS38.
In the case of a delivery to a relay point, you will define the relay point where you wish to receive your order when you validate it. If the relay point is unavailable at the time of delivery (annual closure for example), the nearest relay point will be automatically selected.
If you choose to pay by cheque, the order will be processed only after reception of the cheque and the delivery time will run accordingly.
In order to limit transportation and environmental impact, BPS38 will choose the most appropriate method for processing your order.
Whenever possible, we try to deliver all the items you have ordered at the same time. However, please note that due to the manufacture of the products, or the availability of the said products from our partners, an order for several products may result in separate deliveries.
We reserve the right to split the delivery of your order, for example if part of your order is delayed or unavailable. We will notify you of our intention to split a delivery by sending a message to the email address you provided when your order was placed. You will not be charged for any additional shipping costs.
For Professional Customers, possible delays do not give the Customer the right to cancel the order, to refuse the Product or to claim damages, except in the case of a particular and exceptional commitment, within the framework of a specific contract, and excluding cases of force majeure.
In accordance with the legal provisions, in case of delay of delivery, the Non-Professional Customers benefit from the possibility of solving the Contract in the conditions and modalities defined in the article L. 216-2 of the Code of the consumption.
PROBLEM OF DELIVERY:
In accordance with the laws of protection of the consumers the transfer of property is effective only as from the moment when the consumer takes physically possession of the good.
So that we can help you in case of difficulties, please respect the following procedure:
1. - Don't let yourself be impressed by a hurried carrier... TAKE TIME TO CHECK THE PACKAGE BEFORE SIGNING THE DELIVERY NOTE!
2. - Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products...) must be imperatively indicated on the delivery note in the form of 'handwritten reserves' and accompanied by your signature! It is also imperative to refuse the goods!
3. - Confirm these reservations by sending to the carrier, within two working days following the delivery date, a registered letter with acknowledgement of receipt exposing the said complaints.
4. - If possible, take a photo of the damaged package so that it can be sent to the carrier.
5. - Send a copy of this letter to BPS38 either by e-mail or osmose@BPS38.com, or by mail to
BPS38,
ZI de Tire-Poix,
38660 Saint Vincent-de-Mercuze.
France
RIGHT OF WITHDRAWAL:
You have 14 days to return, at your own expense, the product(s) that do not suit you. This period runs from the day of delivery of the order.
If this period expires on a Saturday, a Sunday or a holiday, it is extended until the next business day.
All returns must be reported to BPS38 by e-mail at r.balducci@BPS38.com.
The product must be returned to:
BPS38,
ZI de Tire-Poix,
38660 Saint Vincent-de-Mercuze.
France
Only products returned in perfect condition for resale will be accepted. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged. This right of withdrawal is exercised without penalty, with the exception of the return shipping costs.
BPS38 reserves the right to postpone the reimbursement until it has received and checked the condition of the Products or until it has received the proof of their shipment.
Exclusion of the right of withdrawal
In the following cases, you cannot revoke your contract:
- for contracts concerning the delivery of goods (e.g. Sockets) which are not manufactured in advance and whose manufacture required an individual selection or definition on your part
or
- for contracts unquestionably designed according to your personal requirements (e.g. Panels with specific cut-outs and/or colors).
ERROR OR DEFECTIVE PRODUCT:
BPS38 and its suppliers do their best to avoid any quality problems. However, in case of error or defective product, please follow the following procedure:
1. - Send an e-mail to osmose@BPS38.com, the same day of the delivery or at the latest the first working day following the delivery, any claim concerning a delivery or order error. Thank you to specify all the references of your order.
2. - Upon receipt of the claim, BPS38 will assign an exchange number for the product(s) concerned and will communicate it to you by e-mail.
3. - Return, with the exchange number, the product(s) concerned to BPS38, ZI de Tire-Poix, 38660 Saint Vincent-de-Mercuze.
The exchange of a product can only take place after the attribution of an exchange number according to the procedure presented above. Any claim that is not made in accordance with the above rules and within the time limits set will not be taken into account and will release BPS38 from all obligations. Except in case of abusive or unjustified claim, the return and exchange costs of the product(s) will be paid by BPS38.
In cases where the error is caused by BPS38, BPS38 will issue a credit note in your favor, to be used on a future order. No refund is possible if the buyer makes an error on the product he/she buys. In case of a refund request due to an error caused by BPS38 (photo only), BPS38 will make every effort to refund you by bank check or bank transfer within 15 days.
PERSONAL DATA
BPS38 is committed to respecting the confidentiality of the personal data communicated by the Buyer on the Website and to process them in accordance with the French law on Information Technology and Civil Liberties of January 6th 1978.
In accordance with the Data Protection Act of January 6, 1978, the Buyer may exercise his/her right of access to the file, his/her right of opposition and his/her right of rectification or deletion of information concerning him/her by sending a request by e-mail to osmose@bps38.com or by post to BPS38 -38660 Saint Vincent de Mercuze - France
INTELLECTUAL PROPERTY
All elements of the Website are protected by copyright, trademarks or patents.
They are the exclusive property of the Company