Conditions of sale

1. Seller Identification

These terms of sale are for the website www.beauséjourfrance.com, published by BSJR GROUPE, a simplified joint-stock company with a sole shareholder, with capital of 500 euros, registered with the Trade and Companies Register of 933 982 662 R.C.S. Paris, whose intra-community VAT number is FR81933982662 and whose registered office is located at 31 rue de cotte 75012 Paris.

2. Scope and Acceptance of the General Terms and Conditions of Sale

The purchase of Products offered on the website www.beausejourfrance.com (hereinafter the "Site") is subject to these general terms and conditions of sale of the Site (hereinafter the "GTC").

BEAUSÉJOUR Products (hereinafter the "Products") are exclusively intended to be sold to end-consumer individuals or non-professional legal entity clients (hereinafter the "Clients"), excluding any resellers or intermediaries acting on behalf of resellers. Therefore, the Client affirms that they are acting as an end-consumer and do not intend to resell the Products for commercial purposes.

BEAUSÉJOUR may update these GTC at any time.

The Client can view the current version of the GTC at any time by clicking on the link https://www.beausejour.com/fr/legals/conditions-generales. The GTC in force at the time of the conclusion of the sales contract are those that are binding on the Client.

Furthermore, for each purchase of Products on the Site, the Client will be asked to confirm their acceptance of these GTC in force on the date of their order placement. These GTC are viewable at the moment they are asked to confirm their acceptance. To materialize this acceptance, the Client must check the box "I have read and accept the General Terms and Conditions of Sale of beausejour.com".

3. Ordering Process

Any order placed on the Site implies express acceptance of the GTC and acceptance of the prices and Products available for sale on the Site.

* Order Process

Clients wishing to place an order must follow the following procedure:

1. Product Selection: The Client must select the Product they wish to order.
2. Verification of Selected Items: The Client verifies the contents of their cart while retaining the ability to remove selected Products.
3. Identification: The Client must create an account by filling out the identification form provided and entering the requested information (mandatory information: title, last name, first name or company name, address, email, password, phone number for delivery).
4. Order Verification: The Client verifies the contents of their order, the total price, delivery and billing addresses while retaining the ability to remove a Product or modify the billing and delivery address. The Client validates their delivery and payment method. The Client must confirm their acceptance of these GTC by checking the corresponding box. Order validation is only possible after checking this box. After this step, the Client can no longer modify and/or cancel their order.
5. Order Acknowledgment: The Client receives an email summarizing the contents of their order, namely:

– their delivery and billing addresses

– their order number

– the order date

– the list of ordered Products and their amounts

– the delivery method (address provided by the Client or "pickup point")

The Client is advised to save and print this document, which serves as official proof of their order. The order is then registered and processed by BEAUSÉJOUR, which verifies the availability of the ordered Product(s). Any placed order implies acceptance of the prices and descriptions of the Products available for sale.

6. Order Shipment Confirmation: The Client receives an email summarizing the contents of their order and confirming shipment. The contract is deemed concluded on the date this email is sent.

* Order Tracking

A carrier tracking number is communicated to the Client when their order is validated.
If the Client wishes to obtain information regarding the tracking of their order, they can log in to the website of the carrier chosen by BEAUSÉJOUR, e.g., UPS, at www.ups.com, and directly track the delivery of their package. The Client also receives information by email regarding the different stages of their order's processing and preparation until its shipment.

4. Product Availability

BEAUSÉJOUR's product and price offers are valid as long as they are visible on the Site, within the limits of available stock.

Errors or modifications may exceptionally occur, particularly in the case of simultaneous orders of the same Product by several Clients.

In the event of product unavailability after placing an order, BEAUSÉJOUR will inform the Client by email or telephone as soon as possible, offering them either to order another Product presented on the Site as a replacement, or to cancel their order without charge.

BEAUSÉJOUR incurs no liability in the event of stockout or unavailability of Products for orders not yet accepted by BEAUSÉJOUR.

BEAUSÉJOUR reserves the right to change the Products offered on the Site at any time and without prior notice.

To ensure better quality of service and availability of its Products to all Site Clients, BEAUSÉJOUR reserves the right to limit the quantity of Products that can be purchased by a Client, in accordance with applicable provisions in this matter, particularly those of Article L.121-11 of the French Consumer Code.

While every effort is made to ensure that the color and pattern of the Products whose photos are displayed on the Site are faithful to the original Products, variations may occur, particularly due to technical limitations in color rendering on the Client's computer equipment. Consequently, BEAUSÉJOUR cannot be held responsible for non-substantial errors or inaccuracies in the photographs or graphic representations of the Products appearing on the Site.

BEAUSÉJOUR reserves the right not to accept an order from a Client with whom it is in dispute over a previous order, or if BEAUSÉJOUR

reasonably believes that this Client has violated these GTC or has engaged in fraudulent activity, or for any other legitimate reason.

5. Prices

Product prices are indicated in Euros, with also the possibility of choosing payment in US Dollars, British Pounds, Canadian Dollars, Australian Dollars, Yuan, Yen, Won, Russian Ruble (based on a daily conversion via the converter used for the Site), all taxes included and excluding any customs fees for orders outside the EU, which remain the responsibility of the Client. Except in cases of reimbursement made (i) within the framework of exercising the right of withdrawal or for (ii) lack of conformity and hidden defects, BEAUSÉJOUR will not refund the VAT applied to purchases made on the Site (even if the buyer, after receipt, reships the Products to a country outside the European Union).

BEAUSÉJOUR reserves the right to modify the prices of Products offered on the Site at any time and without prior notice.

Products are invoiced based on the prices displayed on the Site at the time the order is placed, subject to the availability of the ordered Products at that time.

All orders are payable in Euros and must be paid immediately at the time the order is placed.

In case of unavailability of certain ordered Products (see Article 4 "Product Availability"), only the price and transport costs related to the available Products will be debited.

*Payment Methods

By credit card (Visa, CB, Mastercard, American Express): Payment is made on the secure site of BEAUSÉJOUR's banking partner.

By payment application: via Paypal, Alipay, Apple Pay (mobile) and Android Pay (mobile).

This implies that no banking information concerning the Client transits via the beausejour.com website.

Payment is therefore secured by the partners responsible for managing financial transactions.

The order will thus be registered and validated upon acceptance of payment by the banking service.

6. Retention of Title

The ordered Products remain the property of BEAUSÉJOUR until full payment of the price is received by BEAUSÉJOUR. However, the Client assumes the risks (particularly loss, theft or damage) concerning the delivered Products from the moment they are delivered to the address indicated during the order.

7. Delivery Terms

The amount of preparation and shipping costs depends on the country and the total amount of the order. These will be detailed on the invoice.

BEAUSÉJOUR cannot be held responsible for any action and/or costs and/or taxes (which are the Client's responsibility) and/or delays due to customs services over which it has no control.

For all Products, the order is prepared for departure from BEAUSÉJOUR warehouses within a maximum of 3 working days (subject to stock availability and except for the specific case of Products sold "on pre-order" whose product sheet indicates the estimated specific delivery time) from the email confirmation of the order. The average time observed between placing an order and its delivery is 4 to 9 working days. This is an observed average time.

By exception to the times indicated above, "pre-order" operations may be subject to longer delivery times. In this case, the estimated times for "pre-order" operations can be 6 to 9 months from the order, as duly indicated in the purchase process.

Exceeding the estimated delivery time indicated cannot lead to any cancellation of the order, any reduction in the price paid by the buyer, or any payment as damages, it being specified that in certain particular cases (e.g., products marketed as "pre-order") the times indicated above may be longer. However, if delivery has not occurred after 30 days from the maximum estimated time, the Client will have the possibility to cancel the order free of charge. The sums they have paid will then be reimbursed. In cases where it has the capacity, BEAUSÉJOUR reserves the right to offer the Client a Product of equivalent quality and price to the original product.

If the order reaches a certain volume, BEAUSÉJOUR may send them to the Client in several deliveries and/or several packages.

Generally, all packages are shipped via UPS. A delivery note to be signed is attached to the package. It is advisable to keep a duplicate, which will serve as proof of delivery.

The Client must check the conformity of the delivered Products at the time of delivery and before signing the carrier's delivery note. They must indicate on this delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damaged Product...). This verification is considered to have been carried out once the Client, or a person of their choice, has signed the delivery note. No claim regarding the condition of the delivered package(s) will then be admissible. In the event of reservations about the delivery, the Client must also confirm them to the carrier no later than 3 working days following receipt of the item(s) and send a copy of this letter to BEAUSÉJOUR by email to hello@beausejourfrance.com

In the event of an incomplete address, a wrong address, refusal of the package by the recipient, or lack of information leading to an inability to deliver the Product to the recipient in due time, BEAUSÉJOUR cannot be held responsible for the final quality of this delivery. If this lack of information leads to a second presentation to the recipient, BEAUSÉJOUR will be entitled to ask the Client for the costs corresponding to this second delivery. The Client is subject to the general delivery conditions of the carrier which, in some cases, if not complied with, may impact the quality of the delivery.

Thus, in the absence of the recipient, according to the general delivery conditions of the carrier, the product may be presented again and/or deposited at an agreed relay point and/or in front of the Client's home and/or in a carrier's "sorting - waiting" center and/or returned to BEAUSÉJOUR, which cannot be held responsible for any theft, loss, damage to the Products related to their delivery and, in general, for the final quality of the delivery.

In the event of an impossibility of delivery and if the product were then returned to BEAUSÉJOUR by the carrier, BEAUSÉJOUR will not make a new delivery.

Any claim concerning the delivery of the Products must be made within 14 working days following the receipt of the item(s) under the same conditions as mentioned above. If it is decided that the product(s) must be returned to BEAUSÉJOUR, they must be returned in their original condition (packaging, accessories, etc.) and under the following shipping conditions. The Client must first contact customer service via email: hello@j to obtain a return number to be noted on the "Return Slip" form attached to the order, as well as any details regarding shipping. No package will be accepted without a return number. This number must be written clearly with a marker on the package. The Product must be returned to Société BEAUSÉJOUR.

8. Right of Withdrawal

In accordance with articles L. 121-16 and following of the Consumer Code, the Client has a period of 14 days from the day of delivery of the product purchased on the Site to notify customer service of their wish to return the Product.

BEAUSÉJOUR cannot be held responsible for cases of loss, theft, or damage to the package.

Packages for which the Client's identification (name, first name, address, and return code) is not possible will be refused.

All returns must be made by a trackable method (UPS, FEDEX, DHL, RAR, etc.) and the tracking number must be communicated to BEAUSÉJOUR.

Upon receipt of the Product returned by the Client, customer service will send an email confirming receipt of the Product.

BEAUSÉJOUR, in the event of regular exercise of this right by the Client, will reimburse the Client the sums they have paid corresponding to the acquisition of the returned Product(s) (thus excluding any customs fees), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed in the Client's name.

BEAUSÉJOUR undertakes to reimburse standard delivery costs including package tracking. For this purpose, the delivery invoice indicating the package tracking number should be inserted in the return package.

9. Legal Guarantees

Products sold by BEAUSÉJOUR are subject to the legal warranty conditions provided by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees:

BEAUSÉJOUR will refuse any claim concerning Products that have been used inappropriately.

Any claim regarding the Products themselves and unrelated to delivery must be made by email to beausejour.com followed by a written confirmation sent by registered letter with acknowledgment of receipt to customer service at the following address: Société BEAUSÉJOUR – 2 route de la fontaine saint hubert 89710 champvallon.

*Legal Conformity Guarantee:

BEAUSÉJOUR will deliver to the Client a Product that conforms to the contract and is free from defects in conformity at the time of delivery of said Product, in the sense that the Product will be fit for the purpose usually expected of a similar good and will have the characteristics presented during the sale. BEAUSÉJOUR is also responsible for defects in conformity resulting from packaging, assembly instructions or installation when the latter was carried out under its responsibility or was made its responsibility by the contract.

*Legal Warranty Against Hidden Defects:

BEAUSÉJOUR will provide the Client with a Product free from hidden defects that would render it unfit for its intended use, or that so diminish this use that the Client would not have acquired it, or would have paid a lower price for it, had they known about them.

These guarantees will only apply on condition that the Client makes the request within 24 months from the delivery of the Product (for the legal guarantee of conformity) or the discovery of the defect (for the legal guarantee against hidden defects).

Defects of conformity that appear within 24 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.

In the event of a recognized non-conformity on a Product sold by BEAUSÉJOUR, the Client may choose between repair and replacement of the Product unless one of these choices entails a manifestly disproportionate cost for BEAUSÉJOUR. If repair or replacement of the Product is impossible, the Client may have the price paid refunded and return the Product or keep the Product and have a part of the price refunded, unless the defect of conformity is minor.

In the event of a hidden defect recognized on a Product sold by BEAUSÉJOUR, the Customer will have the choice of returning the Product and having the price and costs incurred by the sale reimbursed, or keeping the Product and having part of the price reimbursed.

In all cases, it will be up to the Customer to prove that they meet the warranty conditions.

The return, replacement or reimbursement of the Product will be made free of charge to the Customer and does not preclude the possible allocation of damages in cases where they are due.

In the event of a non-conformity and/or hidden defects recognized by BEAUSÉJOUR, if it is decided to return the Product, the Customer must send it to the following address: Société BEAUSÉJOUR – customer service 2 route de la fontaine saint hubert 89710 Champvallon / FRANCE. The Customer must have previously obtained a return number from the customer service contacted via email: hello@beausejourfrance.com, as well as all details relating to the shipment. No package will be accepted without a return number. This number must be legibly written with a marker on the package.

10. After-sales service and availability of spare parts

In accordance with article L 111-3 al 1 of the Consumer Code, BEAUSÉJOUR confirms that no period of availability of spare parts essential for the use of the Products is guaranteed. BEAUSÉJOUR will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.

11. Limitation of Liability

In no event shall BEAUSÉJOUR be liable for any damage not resulting from a breach by BEAUSÉJOUR of any of its obligations.

12. Personal data

When the Customer registers on the BEAUSÉJOUR Website, BEAUSÉJOUR collects their personal information (personal data, email address, gender, etc.) via the registration form in order to offer them the services accessible in BEAUSÉJOUR's restricted access areas. The provision of personal information concerning them is essential for the processing and delivery of their orders.

The ordering process on the Website requires the creation of a Customer account in which their information is stored and protected by a password chosen by the Customer. This information is strictly confidential and is intended exclusively for BEAUSÉJOUR. It will be processed in strict compliance with the provisions of the "Informatique et Libertés" Law n°78-17 of January 6, 1978 and Regulation (EU) 2016/679, the General Data Protection Regulation.

As such, BEAUSÉJOUR notably undertakes to (i) guarantee the confidentiality of personal data processed within the scope of these presents by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorized to process personal data hereunder undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in personal data protection, and (iii) ensure that its eventual subcontractors comply with legal obligations on behalf of and according to BEAUSÉJOUR's instructions.

At any time, the Customer has a right to access, modify, rectify and delete data concerning them. To exercise this right, they can make a request to BEAUSÉJOUR by email at hello@beausejoufrance.com or by mail to the following address: Société BEAUSÉJOUR – 2 route de la fontaine saint hubert 89710 Champvallon.

Subject to validation by a customer's "opt-in", personal information (personal data, email address, gender, etc.) may also be used by BEAUSÉJOUR and/or its partners for commercial purposes such as sending newsletters or solicitations.

The Site, to better meet and personalize the Customer's needs, uses cookies. The purpose of the cookie is to indicate your visit to the Site.

BEAUSÉJOUR's Personal Data Management Policy is accessible on the Site.

13. Intellectual Property

All documents, information texts, graphics, images, photographs or any other content disseminated on the website www.beauj are the exclusive property of BEAUSÉJOUR. Consequently, they may not be reproduced, exploited, or used in any capacity whatsoever, without the express authorization of the publication director.

BEAUSÉJOUR holds all intellectual property rights (with the exception of authors' moral rights) relating to the Products and the trademarks and distinctive signs under which the Products are marketed.

The Customer unreservedly acknowledges BEAUSÉJOUR's intellectual property as such and undertakes not to infringe upon it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license, or market in any manner whatsoever, directly or through a third party, for their own benefit or for the benefit of a third party, the Products, imitations or reproductions of the Products, or the intellectual property rights relating to the Products and trademarks belonging to BEAUSÉJOUR.

14. Force Majeure

"Force majeure" refers to all external, irresistible and unforeseeable circumstances, beyond the reasonable control of the party experiencing a case of force majeure.

In the event that BEAUSÉJOUR is prevented or delayed by a case of force majeure in the performance of its commitments, BEAUSÉJOUR undertakes to inform the Customer within 96 hours, specifying the precise elements constituting the force majeure, the reasonably foreseeable duration of the delay or impediment. BEAUSÉJOUR will then be released from liability related to the non-performance or delay in the performance of its obligations, but undertakes to use its best efforts to resume full performance without delay. In such a case of force majeure, BEAUSÉJOUR may, at its discretion, cancel the order or any part thereof, without liability, provided however that it reimburses the Customer for sums already paid. In no way may the Customer invoke a case of force majeure to release itself, even temporarily, from an obligation to pay a sum of money.

15. Governing Law – Disputes

These General Terms and Conditions of Sale are governed by and interpreted in accordance with French law. The language of this contract is French.

In the event of a dispute, French courts shall have sole jurisdiction. However, in application of EC Regulation 593/2008 of June 17, 2008, these GTC do not prevent the application of a provision more favorable to the Customer, which cannot be derogated from by agreement, by virtue of the law of the country where the Customer has their habitual residence.

In the event of a dispute related to the application and/or interpretation of these general terms and conditions of sale, the Customer has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance n°2015-1033 of August 20, 2015 and implementing decree n°2015-1382 of October 30, 2015, any consumer dispute or litigation, subject to article L.612-2 of the Consumer Code, may be subject to an amicable settlement through mediation with the CMAP – Centre de Médiation et d’Arbitrage de Paris. To submit a dispute to the mediator, the Customer can (i) fill out the form on the CMAP website: www.cmap.fr under the tab "vous êtes : un consommateur" (you are: a consumer) (ii) send their request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. Regardless of the means used to contact the CMAP, the Customer's request must contain the following elements to be processed quickly: their postal, email and telephone contact details, as well as the full name and address of BEAUSÉJOUR, a brief statement of the facts, and proof of prior steps taken with BEAUSÉJOUR.

Notwithstanding the foregoing, in the event of a dispute, and in accordance with Regulation No. 1215/2012 of December 12, 2012:

- the Customer may bring proceedings either before the court of their domicile or before the French courts,

– BEAUSÉJOUR may bring proceedings before the court of the Customer's domicile.