1. PREAMBLE
www.bonnieandtess.com (hereinafter called the “Website”) is published by the company Bonnie & Tess (hereinafter called “Bonnie & Tess”), a SAS (French Simplified Joint Stock Company) with a share capital of 1.000 Euros, with a registered office situated 6 Cite Hermel – 75018 Paris, France, registered with the Paris Company and Trade register under no. 849 741 566, with an intra-community VAT no. FR11849741566.
The Website is hosted by Gandi SAS whose offices are located at 63-65 boulevard Massena – Paris 75013, France.
The director of the publication is Marina Ziolkowski.
The Website allows Bonnie & Tess to propose the sale of clothing items (the “Products”) to web users on the Website (hereinafter called the “Client”).
The present general conditions of sale govern the rights and obligations of the Parties resulting from the online sale of the Products proposed on the Website. They are applied with the exclusion of any other document.
An order of a Product proposed on the Website implies the agreement of the Client to the current Terms and Conditions.
Bonnie & Tess reserves the right to adapt or modify at any time the current Terms and Conditions. The Terms and Conditions are those in effect at the time of the Order.
2. SUBSCRIPTION TO THE WEBSITE
To place an order, the Client shall at first create a personal account by filling out the personal data (the “Account”) with his/her information.
By creating the Account, the Client ensures the accuracy and completeness of the data provided. Client shall update their personal data. If an error occurs relating to the recipient address, Bonnie & Tess shall not be held liable in case of any inability to deliver the products ordered.
Subscription by the Client shall be validated by Bonnie & Tess after checking the standard form filled by the Client. A confirmation of the subscription is sent to the Client by e-mail.
By subscribing to the Website, the Client declares and guarantees Bonnie & Tess that they are of legal age and capable of entering into contracts.
To place an Order, the Client who has an Account must identify themselves after clicked on “Sign In” in the Account space, entering their e-mail address and their password.
Furnishing personal information collected during sale by correspondence is obligatory. This information is necessary for the processing and delivery of the orders as well as establishing invoices. This information is strictly confidential.
Bonnie & Tess reserves the right to close an Account at its sole discretion.
3. PRODUCTS AND PRICES
Products:
Only those Products shown on the Website on the day of consultation by the Client are proposed for sale. Products and prices are valid within the limits of available stocks while they are visible on the Website. This information is updated in real time. However, an error in the update, whatever its origin, does not engage the responsibility of Bonnie & Tess. Therefore, Bonnie & Tess cannot be held responsible for the cancelling of an order of a product if it is out of stock.
Bonnie & Tess reserves the right to remove at any time any Product on the Website and to replace or modify any content or information figuring on the Website. Bonnie & Tess is not responsible to the Client or a third party for the adverse consequences of the removal of a Product from the Website or of the replacement or modification of content or information figuring on the Website.
It is possible that Client may receive an item previously returned by another person. Nevertheless, intact items that have not been worn are only accepted, after thorough check before being placed back in stock.
Prices:
Prices of Products are shown on the Website in Euros for France and French-speaking countries and in USD (US Dollars) for the United States and the rest of the world, VAT included, but not including customs duties and other taxes. Customs duties and other taxes must be paid by the Client directly to the transporter.
All prices shown are calculated and include Value Added Tax (VAT) applicable in France.
Bonnie & Tess reserves the right to modify its prices at any time, but Products will be invoiced on the basis of prices shown at the time of registering and payment of Order according to availability.
Shipping charges will be added to the price of Products and shown in a distinct manner at the time of finalizing the Order.
Products ordered remain the exclusive property of Bonnie & Tess until complete payment of the price and shipping charges.
4. ORDER AND PRE-ORDER
Place an order or pre-order:
The Client who wishes to place an Order chooses the Product or Products of their choice by clicking “Shop me!”.
In case of a Pre-Order, the Client can add those Products of their choice in the cart (the “Cart”) by clicking “Pre-order”.
The Cart summarizes the Products chosen by the Client as well as all prices and fees.
At any time, the Client can:
– Check the number of Products in their Cart and obtain detailed information for each item;
– Freely modify their selection of Products before validating the Order;
– Validate the Order by clicking on “Proceed to checkout”.
Confirmation of the order or pre-order:
A confirmation e-mail summing up the Order (Products, price, size, quantity…) will be sent to the Client by Bonnie & Tess. To this end, the Client accepts clearly the use of electronic mail for the confirmation by Bonnie & Tess of the contents of Order.
Confirmation of the Order implies the acceptation by the Client of the Terms and Conditions and of the basic characteristics of the Products.
Treatment of the order or the pre-order:
In case of a Pre-Order, the Client is informed of the estimated delivery date of the Product that is pre-ordered. Should the estimated delivery date announced during the Order not be able to be honored, mostly due to our furnishers, the Client will be informed as soon as possible via e-mail and a new delivery date will be given. However, the Client will have the possibility of asking for a refund of their Preorder at the reception of this notification by email within a delay of three (3) days. Absence of response from Client will be seen as tacit acceptance.
Refund will be processed at the latest in a delay of fourteen (14) days following the request for refund from Preorder.
If the Product is in stock, the Order will be processed at the latest in a delay of thirty (30) days following the day on which the Client placed the Order.
Refusal to process an order:
Despite the best efforts of Bonnie & Tess to satisfy the expectations of their customers, the company may be forced to refuse to process an Order after having sent the Client an e-mail confirming the Order. Bonnie & Tess is not to be held responsible towards the Client or a third party for the adverse consequences of the refusal to process an Order following the e-mail confirming the Order.
The Client will be informed as soon as possible and will have the possibility of canceling the Order. The Client will then have the possibility of exchanging the Product within the next fourteen (14) days at the latest after receiving this notification or choose a refund.
The refund will be sent at the latest within fourteen (14) days following Order cancellation.
Bonnie & Tess reserves the right to refuse or cancel an Order emanating from a Client with whom there is a dispute concerning payment of a previous Order.
5. TERMS OF PAYMENT
Payment:
Purchases shall be settled either via PayPal, or via the secure payment platform Monetico published by Euro-information.
PayPal (Europe) S.A.R.L. et CIE is registered at the RCS of Luxembourg under the following number B118349 and located at 22-24 Boulevard Royal – L-2249 Luxembourg. For all information, the Client can consult the following internet site: https://www.paypal.com.
Euro-Information is a SAS with a capital of 53 212 140 Euros. Located at 4 rue Frederic-Guillaume Raiffeisen – 67000 Strasbourg. Registered at the Strasbourg RCS number 312 730 674. Intracommunity VAT number FR 80 312 730 674. Telephone : 03 88 14 88 14. For further information, the Client can consult the following website : https://www.e-i.com.
The Client expressly acknowledges that disclosure of their bank card number to Bonnie & Tess gives the company authorization to debit their account to the amount of the products ordered.
Bonnie & Tess reserves the right to suspend or cancel any Order or Preorder and any delivery in case of refusal of payment authorization by credit card from officially accredited entities or in case of non-payment.
In this case, a notice of cancellation of the Order for lack of payment is sent to the Client by Bonnie & Tess at the e-mail address given by the Client as registered on the Website.
The data recorded and kept by Bonnie & Tess is proof of the Order and of past sales. Data recorded by Paypal or Monetico constitute proof of financial transactions between Client and Bonnie & Tess.
Discount code:
Applicable discount codes on all or certain orders processed on the Website can be offered at any time.
6. DELIVERY
Site of delivery:
Ordered products are delivered at any address throughout the world.
Delivery is made at delivery address shown by the Client. It is understood that this is the address of the residence of the Client, of a physical person of their choice or of a company (delivery to their company).
Deliveries cannot be made to hotels or postal boxes.
The information given by the Client during their order engages them. In case of error in the Client’s address, Bonnie & Tess cannot be held responsible for the impossibility of Product delivery.
Delivery delays:
Bonnie & Tess will process the Order at the latest within thirty (30) days from placement of order by the Client.
Orders registered via Internet on www.bonnieandtess.com on Friday afternoon, Saturday or Sunday will be processed on the following Monday. Orders placed on www.bonnieandtess.com on a holiday other than Friday, Saturday and Sunday will be processed the following day.
The Client agrees that, in case of a Preorder, the delivery delay will be longer. The estimated delivery date is shown on the product sheet at the time of purchase and in the e-mail confirming the Order. Delivery delay depends on the time necessary and on the volume of production of all pre-ordered products.
In the case of delayed delivery, the Client will be notified by e-mail. The Client can then:
– Confirm via e-mail the acceptation of the new delivery date within a delay of three (3) days. Absence of answer will be tacit agreement or;
– Refuse via e-mail and request the cancellation of the sale and refund of money paid at the time of Order.
Refund will take place at the latest within a delay of fourteen (14) days following the request for refund.
Notwithstanding what precedes, Bonnie & Tess will not be held responsible for adverse consequences due to a delay in delivery. Only the refund of the Product by Bonnie & Tess is possible at the exclusion of any other form of compensation.
Terms of delivery:
Deliveries will be made by Colissimo in Europe and by UPS for the rest of the world.
Shipping fees are paid by the Client in France and for the rest of the world.
If delivery is to be made in a country subject to customs duties, these duties are to be paid by the Client.
Reception of delivery:
Delivery is considered to have been made through the presentation of the Products to the Client by the deliverer, materialized by the system of control used by the latter.
At the reception of the Products, the Client is to verify the state of the boxing of the merchandise and to signal any damages to the deliverer on the shipping label, as well as to Bonnie & Tess in a delay of three (3) days by sending an e-mail to hello@bonnieandtess.com.
In all cases, return postage is paid by Bonnie & Tess if the Product delivered to the Client is different from the Product ordered or if it is received damaged.
7. RIGHT OF CANCELLATION
Pursuant to articles L.221-18 and others of the French Consumer Code, the Client has a delay of fourteen (14) business days from the date of delivery of the Order to cancel their order.
This delay runs from the reception of Products by the Client.
Only a Client identified as such with Bonnie & Tess can exercise this right at the exclusion of any other person, for example in case of the receiver of the delivery (i.e. a gift).
8. EXCHANGING AN ITEM
If after receiving the Order, the Client is not satisfied, Bonnie & Tess lets the Client exchange the size of the purchased item within fourteen (14) days from the date of receipt, provided that the garment is in its original state, brand new, unworn, unwashed.
We will not accept the exchange of one model for a different one; you can only exchange size. To exchange an item for another, it is necessary to proceed to its return and place a new order.
Bonnie & Tess will bear all the postage costs related to the exchange of size of the Product, that is the cost of returning the Product in the wrong size and shipping costs of the Product in the new size.
To exchange the size of one product for another, proceed as follows:
1. Send an e-mail to hello@bonnieandtess.com with the order number, the product concerned and the new desired size.
2. Subject to having the new size of the Product in stock, Bonnie & Tess will provide by email the Client with a prepaid return receipt. Otherwise, the Client will need to return the item (see 9. Return an item).
3. Return the Product with unsuitable and the exchange form with the prepaid return receipt to: Bonnie & Tess, 6 CitE Hermel – 75018 Paris FRANCE
The exchange will be carried out provided that Bonnie & Tess has been able to recover the Product subject of the size exchange.
9. RETURN AN ITEM
If after receiving the order, the Client is not satisfied, Bonnie & Tess allows him to return Product(s) within fourteen (14) days from the date of receipt.
The products shall be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it.
To return an item, Client need to:
– Log In to « My Account ».
– Go to « Orders » and select your order.
– Click on “Return this item” and complete the form.
Product(s) must be returned at the following address:
Bonnie & Tess
6 Cite Hermel
75018 Paris
FRANCE
The return costs are the responsibility of the Client.
10. REFUND POLICY
Pursuant to article L. 221-24 of the French Consumer Code, Bonnie & Tess will refund sums from Order or Preorder within a delay of fourteen (14) days insofar as Bonnie & Tess has been able to retrieve the Products of the return and the request for a refund.
The refund will be made via credit to the bank account of the Client that corresponds to the credit card used for the Order or Preorder. If and only if this account has expired Bonnie & Tess will contact the Client to find another method of refund insofar as this method or refund does not mean additional fees for Bonnie & Tess.
Should the order be lost or damaged during return of the product, the cost of damage is to be charged to the Client.
If the client does not adhere to these terms and conditions, including conditions of return or exchange, Bonnie & Tess cannot proceed to refund the products in question.
11. GUARANTEES
In order to implement the guarantees that the Client benefits from, the Product must be returned with its original packaging, with the original labels attached, brand new, without having used it or washed it with the references of the original Order at Bonnie & Tess office address. Lacking this, the Client cannot benefit from these guarantees and the Product will be returned to the Client at their own expense.
Pursuant to order 2005-136 of February 17, 2005, of the French Consumer Code / French Civil Code, the whole of the applicable texts are reproduced here:
Art. L. 217-4 of the French Consumer Code: “The seller is obliged to deliver a product conformant to the contract and to respond to defects of conformity which exist at the time of issuance. They must also respond to conformity defects resulting from the packaging, instructions for assembly or installation when these have been made their responsibility by the contract or have been produced under their responsibility.”
Art. L. 217-5. of the French Consumer Code: “To comply with the contract, the product must: 1) Be appropriate for the use normally expected for such a product and, where appropriate: a) correspond to the description given by the seller and have the qualities presented to the client in the form of a sample or model; b) have the qualities that a client might legitimately expect in view of public statements made by the seller, the manufacturer or their representative, particular in terms of advertising or labelling. 2) Or present the characteristics defined by mutual agreement by the parties or be appropriate for any special use sought by the client that has been brought to the notice of the seller and which the latter has accepted.”
Art. L217-9 of the French Consumer Code: “In case of lack of conformity, the buyer chooses between the repair and replacement of the property. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.”
Art. L217-10 of the French Consumer Code: “If the repair and replacement of the property are impossible, the buyer can return the property and be refund the price or keep the property and get a part of the price. The same option is open to him: 1) If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer’s claim; 2) Or if this solution cannot be without major inconvenience for this one taking into account the nature of the good and the use that it seeks. The resolution of the sale cannot however be pronounced if the lack of conformity is minor.”
Art. L217-11 of the French Consumer Code: “The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.”
Art. L. 217-12 of the French Consumer Code: “Action resulting from a lack of conformity is barred by limitation for two years from the delivery of the goods.”
Art. 1641 of the French Civil Code: “A seller is bound to a warranty on account of the latent defects of the product sold which render it unfit for the use for which it was intended, or which so impair that use that the client would not have purchased it, or would only have offered a lower price for it, had they known of them.”
Art.1642 of the French Civil Code: “The seller is not liable for obvious defects which the buyer was able to convince himself.”
Art. 1643 of the Civil Code: “He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.”
Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to be refunded the price, or to keep the thing and get a part of the price.”
Art. 1646 of the Civil Code: “If the seller was unaware of the defects of the thing, he will be held only to the return of the price, and to refund to the purchaser the costs incurred by the sale.”
Art. 1648, paragraph 1 of the Civil Code: “The action resulting from critical flaws must be brought by the buyer within a period of two years following the discovery of the critical flaw.”
12. COMPREHENSIVENESS OF CONTRACT
These Terms and Conditions and the summary of the order sent to the Client form a contractual whole that summarizes the entirety of the conventions between the two parties.
13. APPLICABLE LAW
In case of dispute, such dispute will be referred to French courts.
The current Terms and Conditions are subject to French law. In case of dispute or claim, the Client will first contact Bonnie & Tess to reach an amiable solution.
The Client is informed that any consumer can have free recourse to a consumer advocate mediator in view of an amiable resolution of a dispute with a professional. Consumer mediation applies to any national or transnational dispute between consumer and a professional within the execution of a sales contract or a performance of services.
Lacking recourse to mediation, courts based in the territory of the company shall be deemed competent.
14. PERSONAL DATA
In order to furnish services proposes on the Website, Bonnie & Tess can be brought to process personal data concerning you, including those that were collected during your registration on the site or during the ordering process.
The information and data concerning the Client are needed only to process orders and to the execution and follow up of commercial relationships and for internal statistical purposes.
In accordance with the provisions of the French Act No. 78-17 of 6 January 1978 relative to information technology, files and freedoms, the Client has a right to access to rectify and oppose all communication of personal data concerning them. To do this, please e-mail hello@bonnieandtess.com and the necessary steps will be taken immediately.
Bonnie & Tess is susceptible to send the Client commercial offers via mail, e-mail, SMS or via a host of social media in which Bonnie & Tess is active.
The Client can at all times oppose without charge in the future according to the modalities underlined in every message.
We invite you to consult our Confidentiality Policy for more information on the use of your personal data by Bonnie & Tess.
