Conditions of sale

1. Seller Identification

These conditions of sale are those of the site www.beauséjourfrance.com and are published by the company BFCDA CORPORATION, a simplified joint stock company with a single shareholder and capital of 500 euros, registered in the Trade and Companies Register of Sens under number SENS B 819 514 944, whose intra-community VAT number is FR13819514944 and whose head office is located at 2 route de la fontaine saint-hubert 89 710 in Champvallon.

2. Scope and acceptance of the General 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 individual end consumers or non-professional legal entity customers (hereinafter the “Customers”), excluding all resellers or intermediaries acting on behalf of resellers. Consequently, the Customer affirms that he acts as an end consumer and that he does not intend to resell the Products for commercial purposes.

BEAUSÉJOUR may update these T&Cs at any time.

The Customer may consult the version of the General Terms and Conditions in force at any time by clicking on the link https://www.beausejour.com/fr/legals/conditions-generales. The General Terms and Conditions in force at the time of conclusion of the sales contract are those that are binding on the Customer.

In addition, with each purchase of Products on the Site, the Customer will be asked to confirm acceptance of these General Terms and Conditions in force on the date of placing the order. Said General Terms and Conditions are viewable at the time when the Customer is asked to confirm that they accept them. To materialize this acceptance, the Customer must check the box "I have read and accept the General Terms and Conditions of Sale of the site beausejour.com

3. Order Terms and Conditions

Any order placed on the Site constitutes express acceptance of the General Terms and Conditions and constitutes acceptance of the prices and Products available for sale on the Site.

* Order process

The Customer who wishes to place an order must follow the following procedure:

1. Product Selection: The Customer must select the Product they wish to order.
2. Verification of the contents of the Customer's selection: the Customer checks the contents of his basket while retaining the possibility of deleting the Products he has selected.
3. Identification: the Customer must create an account by completing the identification form made available to them and providing the requested information (mandatory information: title, surname, first name or company name, address, e-mail, password, telephone number for delivery).
4. Verification of the Customer's order: the customer checks the contents of his order, the total price, the delivery and billing addresses while retaining the possibility of deleting a Product or modifying the billing and delivery address. The Customer validates his delivery and payment method. The Customer must confirm his acceptance of these General Terms and Conditions by checking the corresponding box. Validation of the order is only possible after checking this box. After this step, the Customer can no longer modify and/or cancel his order.
5. Acknowledgment of receipt of the order: the Customer receives an e-mail summarizing the contents of his order, namely:

– its delivery and billing addresses

– the number of his order

– the date of the order

– the list of Products ordered and their amounts

– the delivery method (address provided by the Customer or “relay point”)

The Customer is advised to keep and print this document, official proof of his order. The order is then recorded and processed by BEAUSÉJOUR which checks the availability of the Product(s) ordered. Any order placed constitutes acceptance of the prices and descriptions of the Products available for sale.

6. Confirmation of sending the order: the Customer receives an e-mail summarizing the contents of his order and confirming the sending. The contract is deemed to be concluded on the date of sending this e-mail.

* Order tracking

A carrier tracking number is communicated to the Customer when their order is validated.
If the Customer wishes to obtain information concerning the tracking of his order, he can connect to the website of the carrier chosen by BEAUSÉJOUR, e.g. UPS, at www.ups.com, and follow the delivery of his package in real time. The Customer also receives information by e-mail concerning the different stages of the processing and preparation process of his order until its shipment.

4. Product Availability

BEAUSÉJOUR's Product offers and prices are valid as long as they are visible on the Site, within the limit of available stocks.

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

In the event that a Product is unavailable after an order has been placed, BEAUSÉJOUR will inform the Customer by email or telephone as soon as possible, offering them the option of either ordering another Product presented on the Site as a replacement, or cancelling their order free of charge.

BEAUSÉJOUR shall not incur any liability in the event of stock shortages 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 notice.

In order to ensure better quality of service and availability of its Products for all Customers of the Site, BRAUSÉJOUR reserves the right to limit the quantity of Products that can be purchased by a Customer, in accordance with the applicable provisions in this area and in particular 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, in particular due to technical limitations of color rendering on the Customer'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 Customer with whom it is in dispute for a previous order, or if BEAUSÉJOUR

reasonably believes that such Customer has breached these T&Cs or engaged in fraudulent activity, or for any other legitimate reason.

5. Price

The prices of the Products are indicated in Euros with also the possibility of a choice of payment in currencies US Dollar, Pound Sterling, Canadian Dollar, Australian Dollar, Yuan, Yen, Won, Russian Ruble (on the basis of 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 Customer. Except in cases of reimbursement made (i) within the framework of the exercise of the right of withdrawal or for (ii) lack of conformity and hidden defects, BEAUSÉJOUR will not reimburse the VAT applied on purchases made on the Site (even in the case where the buyer, after receipt, reships the Products to a country outside the European Union).

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

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

All orders are payable in Euros and must be paid immediately upon placing the order.

In the event of unavailability of certain Products ordered (see article 4 “Availability of Products”), only the price and transport costs relating to the available Products will be debited.

*Payment terms

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

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

This implies that no banking information concerning the Client passes through the beausejour.com site.

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

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

6. Retention of Title

The Products ordered remain the property of BEAUSÉJOUR until full payment of the price by BEAUSÉJOUR. However, the Customer assumes the risks (in particular of loss, theft or deterioration) concerning the Products delivered from the moment they are delivered to the address indicated when ordering.

7. Delivery terms

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

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

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

As an exception to the above-mentioned deadlines, “pre-order” operations may be subject to longer delivery times. In this case, the estimated deadlines for “pre-order” operations may be 6 to 9 months from the order as duly indicated in the purchasing process.

Exceeding the estimated delivery time indicated may not give rise to any cancellation of the order, any reduction in the price paid by the buyer and any payment in damages, it being specified that in certain special cases (e.g. products marketed as "pre-orders") the deadlines indicated above may be longer. However, in the event of non-delivery after 30 days from the maximum estimated deadline, the Customer will have the option to cancel the order free of charge. The sums paid will then be refunded. In cases where it is able to do so, BEAUSÉJOUR reserves the right to offer the Customer a Product of equivalent quality and price to the initial product.

If the order reaches a certain volume, BEAUSÉJOUR may send them to the Customer 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 copy, it will serve as proof of delivery.

The Customer must check the conformity of the Products delivered at the time of delivery and before signing the carrier's delivery note. He must indicate on this delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damaged Product, etc.). This verification is considered to have been carried out as soon as the Customer, or a person of his choice, has signed the delivery note. No claim on the condition of the package(s) delivered will then be admissible. In the event of reservations on the delivery, the Customer 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 the address hello@beausejourfrance.com

In the event of an incomplete address, incorrect address, refusal of the package by the recipient or lack of information resulting in an inability to deliver the Product to the recipient on time, BEAUSÉJOUR cannot be held responsible for the final quality of this delivery. If this lack of information results in a second presentation to the recipient, BEAUSÉJOUR will be entitled to ask the Customer for the costs corresponding to this second delivery. The Customer is subject to the general delivery conditions of the carrier which, in certain cases, if the Customer does not comply with them, may impact the quality of the delivery.

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

In the event that delivery is not possible and the product is then returned to BEAUSÉJOUR by the carrier, BEAUSÉJOUR will not make a new delivery.

Any claim regarding the delivery of the Products must be made within 14 working days following 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 according to the following shipping conditions. The Customer must first contact customer service via the email: hello@j in order to obtain a return number to be noted on the "Return slip" form attached to the order as well as any details relating to the shipment. No package will be accepted without a return number. This number must be written in marker in a legible manner on the package. The Product must be returned to Société BEAUSÉJOUR

8. Right of withdrawal

In accordance with Articles L. 121-16 et seq. of the Consumer Code, the Customer has a period of 14 days from the day of delivery of the product purchased on the Site to notify customer service of the wish to return the Product.

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

Packages for which the Customer cannot be identified (name, first name, address and return code) will be refused.

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

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

BEAUSÉJOUR, in the event of regular exercise of this right by the Customer, will reimburse the latter for the sums paid by him corresponding to the acquisition of the returned Product(s) (therefore excluding any customs charges), within a maximum period of fourteen days, by bank transfer to the account used with the payment card addressed in the name of the Customer.

BEAUSÉJOUR undertakes to reimburse the standard delivery costs including tracking of the package. To this end, it will be necessary to insert in the return package the delivery invoice indicating the tracking number of the package.

9. Legal guarantees

The Products sold by BEAUSÉJOUR are subject to the legal warranty conditions provided for 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 warranties:

BEAUSÉJOUR will refuse any claim relating to Products which have been used inappropriately.

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

*Legal guarantee of conformity:

BEAUSÉJOUR will deliver to the Customer a Product that complies with the contract and is free from defects of conformity upon delivery of said Product, in the sense that the Product will be suitable for the use usually expected of a similar good and that it will have the characteristics presented at the time of sale. BEAUSÉJOUR is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when this has been placed in its charge by the contract or has been carried out under its responsibility.

*Legal guarantee against hidden defects:

BEAUSÉJOUR will provide the Customer with a Product free from hidden defects which would make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have purchased it, or would have paid a lower price for it, if they had been aware of them.

These guarantees will only apply if the Customer makes the request within 24 months from delivery of the Product (for the legal guarantee of conformity) or from discovery of the defect (for the legal guarantee of hidden defects).

Any lack of conformity which appears within 24 months of delivery is presumed to have existed at the time of delivery, unless proven otherwise.

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

In the event of a hidden defect recognized in 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 refunded or of keeping the Product and having part of the price refunded.

In all cases, it will be up to the Customer to prove that he meets the conditions of the guarantee.

The return, replacement or refund of the Product will be free of charge for the Customer and will not prevent the possible allocation of damages if the Customer is entitled to them.

In the event of a lack of 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 – service client 2 route de la fontaine saint hubert 89710 champvallon / FRANCE. The Customer must have previously obtained from the customer service contacted via the email: hello@beausejourfrance.com a return number as well as any details relating to the shipment. No package will be accepted without a return number. This number must be written in marker in a legible manner 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 to 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

Under no circumstances may BEAUSÉJOUR be held liable for any damage which does not result from a failure by BEAUSÉJOUR to fulfill one of its obligations.

12. Personal data

When the Customer registers on the Website, BEAUSÉJOUR collects his personal information (personal data, email address, gender, etc.) through the registration form in order to offer him the services accessible in the restricted access areas of BEAUSÉJOUR. The provision of personal information concerning him is essential for the processing and delivery of his 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 that the Customer will choose. This information is strictly confidential and is intended for BEAUSÉJOUR exclusively. It will be processed in strict compliance with the provisions of the "Informatique et Libertés" Law No. 78-17 of January 6, 1978 and Regulation (EU) 2016/679, the general data protection regulation.

In this respect, BEAUSÉJOUR undertakes in particular to (i) guarantee the confidentiality of personal data processed within the framework of this document by implementing appropriate security measures in its field of activity, (ii) ensure that persons authorized to process personal data under this document undertake to respect confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data, and (iii) ensure that its potential subcontractors comply with legal obligations on behalf of and according to the instructions of BEAUSÉJOUR.

At any time, the Customer has the right to access, modify, rectify and delete data concerning him/her. To exercise this right, he/she may make a request to BEAUSÉJOUR by email to hello@beausejoufrance.com or by post to the following address: Société BEAUSÉJOUR – 2 route de la fontaine saint hubert 89710 Champvallon.

Subject to validation by an “opt-in” from the customer, 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 the needs of the Customer and the personalized ones, makes use of cookies. The cookie is intended to signal your passage on the Site.

BEAUSÉJOUR’s Personal Data Management Policy is accessible on the Site

13. Intellectual property

All documents, text information, graphics, images, photographs or any other content published on the Website www.beauj are the exclusive property of BEAUSÉJOUR. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever without the express permission of the publication director.

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

The Customer unreservedly acknowledges as such the intellectual property of BEAUSÉJOUR and undertakes not to infringe it in any way whatsoever. More specifically, the Customer expressly undertakes not to manufacture, sell, license or market in any way whatsoever, directly or through a third party, for its 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 brands belonging to BEAUSÉJOUR.

14. Force majeure

“Force Majeure” means any external, irresistible and unforeseeable circumstances beyond the reasonable control of the party experiencing a force majeure event.

In the event that BEAUSÉJOUR is prevented or delayed by a case of force majeure in the execution 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 execution of its obligations, but undertakes to use its best efforts to resume full execution without delay. In such a case of force majeure, BEAUSÉJOUR may, at its discretion, terminate the order or any part of it, without liability, subject however to reimbursing the Customer for the sums already paid. In no case may the Customer invoke a case of force majeure to release itself, even temporarily, from an obligation to pay a sum of money.

15. Applicable law – Disputes

These General 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, the French courts will have sole jurisdiction. However, pursuant to EC Regulation 593/2008 of 17 June 2008, these General Terms and Conditions do not prevent the application of a provision more favourable to the Customer, which cannot be waived by agreement, under the law of the country where the Customer has his habitual residence.

In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Customer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure. In accordance with Ordinance No. 2015-1033 of August 20, 2015 and Implementing Decree No. 2015-1382 of October 30, 2015, any dispute or litigation referred to as consumer dispute, subject to Article L.612-2 of the Consumer Code, may be subject to amicable settlement by mediation with the CMAP – Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the Customer may (i) complete the form on the CMAP website: www.cmap.fr tab "you are: a consumer" (ii) send his request by regular 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: his 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 12 December 2012:

- the Client may refer the matter either to the court of his domicile or to the French courts,

– BEAUSÉJOUR may refer the matter to the court of the Client’s place of residence.