The translation below is provided for informational purposes only. In case of difference, inconsistency or conflict between this translation and the French version (notably due to translation delays), the French version will prevail.
1. About us
BOXBO, SAS, with a share capital of 225 euros, whose registered office is located in TOURCOING (59200) 34 rue saint jacques, registered in the LILLE Trade and Companies Register under number 812 171 197 represented by Mr david DELGORGUE (hereinafter the "Company"). BOXBO sells the following products to its Customers via its Website: rain boots, sandals, socks and stockings, shoes.
2. Preamble
BOXBO invites Users to carefully read these General Terms and Conditions of Sale and Use (hereinafter referred to as the "GTC/GTCU"). The placing of an Order implies the acceptance of the GTC/CGU. The characteristics of the Products are indicated on the Website. It is the Customer's responsibility to take this into account before making a purchase. The photographs or graphics presented on the Website are not contractual.
The Customer acknowledges having read and accepted them by checking the box provided for this purpose before placing his Order online.
The GTC/GTCU govern the conditions under which BOXBO sells its Products to its Consumer Customers via its Website. This refers to any non-trader wishing to make a purchase on the website.
They apply to all sales concluded by BOXBO and are binding on all contradictory documents, in particular the Client's general terms and conditions of purchase.
They are systematically communicated to the Client upon request. In the event of a subsequent modification of the GTC/CGU, the Customer is subject to the version in force at the time of his Order.
3. Definitions of the terms
"Customer" refers to the Consumer who has placed an Order for a Product sold on the Website.
"Order" means any order placed by the User registered on this Site.
"General Terms and Conditions of Sale and Use" or "GTC/GTCU" refers to these general terms and conditions of use and online sale.
"Consumer" refers to the buyer who is a natural person and who does not act for professional needs and/or outside his professional activity.
"Products" refers to the material things that can be appropriated and that are offered for sale on this Site.
"Site" refers to this site, i. e. shop.boxbo.fr
"Company" means BOXBO, more fully described in Article I hereof; and
"User" means any person who uses the Site.
4. Registration process
Registration on the Site is open to all adults who are of full age and have full legal personality and capacity.
The use of the Site does not require the registration of a User. Registration is free of charge.
To proceed with registration (optional), the User must complete all mandatory fields; otherwise registration cannot be completed.
Users guarantee and declare on their honour that all information communicated on the Site, in particular during registration, is accurate and compliant. They undertake to update their personal information from the page dedicated to them and available in their account.
All registered users have a username and password. The latter are strictly personal and confidential and must not be communicated to third parties under any circumstances, otherwise the account of the offending Registered User will be deleted. Each Registered User is personally responsible for maintaining the confidentiality of their username and password. BOXBO will under no circumstances be held responsible for the usurpation of a User's identity. If a User suspects fraud at any time, he/she should contact BOXBO as soon as possible, so that BOXBO can take the necessary measures and regularize the situation.
In the event of non-compliance with the GTC/GTCU, BOXBO reserves the right to temporarily or permanently delete all accounts created by the offending User.
The deletion of the account results in the permanent loss of all benefits and services acquired on the Site. However, any Order made and invoiced by the Site before the account is deleted will be executed under normal conditions. In the event that an account is deleted by BOXBO for failure to comply with the duties and obligations set out in the GTC/CGU, the offending User is strictly prohibited from re-registering on the Site directly, by means of another e-mail address or by an intermediary without the express authorisation of BOXBO.
5. Ordering information
Any Order can be placed without creating an account, but the user will not be able to access the order history but only to his current order via a link provided via the "Order Confirmation" email.
Or if the user decides to create an account, when logged in, he can access his order history, and can easily access and modify his data.
To order, he must provide a valid address, delivery method and payment method in order to finalize the Order and effectively form the sales contract between him and BOXBO. The finalization of the Order implies the acceptance of the prices of the Products sold, as well as the terms and delivery times indicated on the Site.
The placing of an order on the Site constitutes a sales contract between the Customer and BOXBO, subject to the availability of the Products ordered and the validity of the means of payment used by the Customer, and implies acceptance of the GTC/CGU.
You will automatically receive an email confirming receipt and details of your order (hereinafter the "Order Confirmation Email"). We recommend that you print and save the Order Confirmation Email. The Order Confirmation Email does not constitute confirmation of the availability of the Products; it is an automatic acknowledgement of receipt that confirms that we have received your order.
We will send you a second "Payment Confirmation Email", which will confirm your payment and we also recommend that you print and save it
We will send you a third email "Shipping your order" which will confirm the shipment of your order.
If none of the ordered Products are available, your order will be cancelled, and you will be refunded. The refund will be made by the same method of payment as the one used at the time of purchase.
The Customer who has placed an order will have the possibility of printing his available invoice as soon as his order is shipped, by going to the "My Account" section of the Site.
BOXBO reserves the right not to validate the order in the event of:
- Abnormal or abusive claims,
- Orders abnormal with regard to the quantities ordered,
- Abnormal or abusive exchanges and returns,
- Existing dispute(s) with the Client.
BOXBO customer service is at the Customer's disposal for any questions relating to his order. Customer service is available by email. (contact[at]boxbo.fr)
It is the Customer's responsibility to keep a copy of the documents concerning his order (Order Confirmation Email, GTC and any other useful document). In addition, if the amount of the order exceeds 120 euros, BOXBO will keep a copy of the order in its files, for the duration provided for by law.
6. Products and prices
The Products covered by the GTC/CGU are those appearing on the Site and which are sold and shipped directly by BOXBO.
The Products are described on the corresponding page within the Site and all their essential characteristics are mentioned. The sale is made within the limits of BOXBO's available stocks. The latter cannot be held responsible for stock shortages or the impossibility of selling a Product whose stock is non-existent.
When a User wishes to acquire a Product sold by BOXBO through the Site, the price indicated on the Product page corresponds to the price in euros, all taxes included (VAT included), excluding shipping costs and takes into account the applicable discounts in effect on the day of the Order. The price indicated does not include shipping costs, which will be detailed in the summary, if any, before placing the Order. If the total cost of the Products cannot be calculated in advance, BOXBO will send the Customer a detailed quotation setting out the formula for calculating the price.
Under no circumstances may a User require the application of discounts no longer in effect on the day of the Order.
7. Payment terms and conditions
Unless otherwise specified, all sales are paid in cash at the time of placing the Order.
Payment can be made by: Credit card via a secure connection.
The Client confirms that the credit card used is his own. All bank card holders are subject to validation checks and authorization by the card issuer. If the Client's card issuer refuses to authorize payment, BOXBO shall be entitled to refuse to deliver the order and shall not be liable for any delay or non-delivery. BOXBO will send an email to the Client to inform him of the refusal.
In the event of a default in payment, an incorrect address or any other problem on the Customer's account, BOXBO reserves the right to block the Customer's order until the problem is resolved.
In the event of fraudulent use of his credit card on the Site, the Customer is invited to contact BOXBO by email at the following address: contact[at]boxbo.fr
Transactions carried out on the Site are secured by the payment system of BOXBO's partner, PAYPLUG, PAYPLUG SAS, a payment institution approved on 7 December 2015 by the Prudential and Resolution Control Authority ("ACPR") under number 16778. PAYPLUG, whose registered office is located at 23-25 rue Jean- Page 19 sur 30 Jacques Rousseau, 75001 Paris.
All information exchanged to process the payment is encrypted using SSL (Secure Socket Layer) protocol. This data may not be detected, intercepted or used by third parties. At no time does the Client's financial data transit on BOXBO's computer system.
PAYPLUG checks that the connection with the Client's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.
As PAYPLUG is a technical service provider, it does not handle disputes related to orders, which are processed directly by BOXBO as specified above or, where applicable, by the Customer's bank.
8. Delivery The Products
The following are delivered exclusively to the following geographical areas: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain (metropolitan), Sweden, United Kingdom.
BOXBO undertakes to make every material and human effort to ensure that the Products are delivered as quickly as possible. These may vary according to the Customer's geographical area, the delivery method chosen or the Product ordered. Delivery times are indicated at the time of ordering when choosing the delivery method. Usually between 1 to 3 days in France, and between 2 to 8 days for the rest of Europe. In addition, there is an order preparation time of 1 to 3 days.
In the event of exceeding the 20-day delivery deadline, except in cases of force majeure, the Client may request the termination of the contract by using the Site's contact form, after having instructed BOXBO, according to the same terms and conditions, to make the delivery within a reasonable additional period, and if BOXBO has not fulfilled its obligations.
In this case, the Customer will be refunded within 30 days if a payment has already been made. In the event that delivery is impossible, due to an error on the address indicated by the Client, BOXBO will contact the Client as soon as possible in order to obtain a new delivery address and any additional delivery costs will be borne by the Client.
In addition, BOXBO cannot be held liable for reasons related to the exceeding of delivery deadlines:
- In periods of high demand, such as the holiday season,
- For delays caused by reasons of force majeure, i.e. due to the occurrence of an unforeseeable, irresistible event beyond its control,
- For facts attributable exclusively to the carrier responsible for the delivery.
Delivery is made, according to the Customer's choice and according to the prices indicated on the Site:
- To the address indicated by the Customer when placing his Order by ordinary mail.
- At one of our partner points as indicated on the Site. For the collection of the Products within the framework of a delivery in relay parcel, an identity document in force will be required. Failing this, the Products ordered may not be returned to the Customer.
9. Complaint
For all Orders placed on this Site, the Customer has a right of complaint of 20 days from the delivery of the Product. It is his responsibility to check the apparent condition of the Products upon delivery. In the absence of any reservations expressly made at the time of delivery, the Products are deemed to be in conformity with the Order.
To exercise this right of complaint, the Customer must send BOXBO, at the address contact[at]boxbo.fr, a declaration in which he expresses his reservations and complaints, together with the relevant supporting documents (receipt slip countersigned by the carrier, photographs...)
A complaint that does not comply with the conditions described above will not be accepted. BOXBO will repair, replace or refund the Product or its components as soon as possible and at its own expense, subject to the material possibility of repairing the Product or its availability in stock.
10. Consumer's right of withdrawal
The Consumer has a right of withdrawal of 30 days from the placing of the Order, except for the products mentioned in Article L.221-28 of the Consumer Code.
To exercise this right of withdrawal, the Consumer uses the "Withdrawal Form" form provided for this purpose on the Site (contact page). Or directly from his customer account, in his order history.
The Products must be returned in their original packaging and in perfect condition.
The direct costs of return remain the responsibility of the Consumer. He will be refunded the full amount of the fees paid for placing the Order within 14 days of receipt of the returned products. The refund will be made by the same method of payment as the one used at the time of purchase.
Items returned incomplete, damaged, soiled or unfit for resale will not be taken back.
11. Transfer of risk and ownership
BOXBO retains ownership of the Products sold until the Customer has paid the full price. It may therefore repossess the Products in the event of non-payment. In this case, the instalments paid will remain the property of BOXBO as compensation.
Any risk of loss or damage to the goods is transferred to you at the moment when you, or a third party other than the carrier proposed by Our Company and designated by you, physically takes possession of these goods (article 216-4 of the Consumer Code). It is recommended to refuse delivery if the package has been damaged, opened or reconditioned and if no precise and detailed reservations are entered on the delivery note. We invite you to immediately check the contents of the package and contact Our Company immediately if a product is damaged or missing from the list on the order form. We recommend that you reiterate your protests and reservations by registered letter to the carrier within three days of receipt, in order to allow the retention of claims against the latter (Article L133-3 of the French Commercial Code).
12. Legal guarantees
All our products benefit from the legal guarantee of conformity (articles L 211-4 and following of the Consumer Code) and the legal guarantee against hidden defects provided by articles 1641 and following of the Civil Code.
- Article L217-4 of the French Consumer Code: The seller delivers a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
- Article L217-5 of the French Consumer Code: The good is in conformity with the contract:
1. If it is specific to the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model
- if it has the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling.
2. Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. - Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods.
- Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable property, for a repair covered by the guarantee, any immobilisation period of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
- Article 1641 of the Civil Code: The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much, that the buyer would not have acquired it, or would have given only a lower price, if he had known them.
- Article 1648 al 1 of the Civil Code: The action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect.
In the event of non-compliance of a product sold, it may be returned, exchanged or refunded. This warranty is non-transferable (only the first buyer is the sole beneficiary) and from the date of purchase of the product.
Any resold Product altered, modified or transformed is not covered by the warranty.
This is limited to the replacement or refund of non-conforming or defective Products. The warranty does not cover damage caused by improper use of the equipment, improper maintenance, or breakage, damage resulting from an accident or fall, cosmetic alterations of internal and external surfaces that do not interfere with the use of the product (stains, scratches, scratches, discoloration, silkscreen printing)The warranty does not cover normal wear and tear on textiles (fabrics worn by regular use, discoloration, tears, holes), seams, zippers. The coverage also excludes loss, theft or any alteration related to an external event.
The Customer must inform BOXBO of the existence of the defects within two years. BOXBO will rectify the Products deemed defective as far as possible. If BOXBO's liability is retained, the guarantee is limited to the amount paid by the Consumer for the supply of the Products.
The replacement of the Products does not extend the duration of the warranty.
We can offer a refund only for products purchased through our shop.boxbo.fr website. For all products purchased from one of our authorized resellers, you will need to refer to the reseller, as the sales contract is concluded with them. In this case, please contact the place of purchase for assistance. A complete list of our authorized resellers can be found here.
Our information section on care tips explains how to take care of your product; you can see this page here.
13. Amendments to the Regulations
BOXBO reserves the right to modify the Site, the GTC/CGU as well as any delivery procedure or other element constituting the services provided by BOXBO through this Site.
When an Order is placed, the User is subject to the provisions of the GTC/CGU in force at the time the Order is placed.
14. Responsibility
The Company cannot under any circumstances be held liable for the unavailability, whether temporary or permanent, of the Website and although it uses all its means to ensure the service at all times, it may be interrupted at any time. In addition, the Company reserves the right, by a voluntary act, to make the Site unavailable in order to carry out any update, improvement or maintenance operation.
As previously mentioned herein, BOXBO shall in no event be held liable for delays in delivery for reasons beyond its control, beyond its control, unpredictable and irresistible or for which it cannot be held responsible.
15. Jurisdiction clause
The law governing the GTC/GTCU is French law. Any dispute that may arise between the Company and a User during the execution of the present contract shall be the subject of an attempt to resolve it amicably. Failing this, disputes will be brought to the attention of the competent courts of general law.
The General Terms and Conditions are subject to French law. The competent court in the event of a dispute shall be that of the defendant's place of residence or, at the plaintiff's choice, the place of actual delivery of the Product.
The Website complies with French legislation, and under no circumstances does BOXBO give any guarantee of compliance with the local legislation that would be applicable to you, as soon as You access the Website from other countries.
16. Acceptance of the General Terms and Conditions of Business
The Customer or User expressly accepts the GTC/CGU.
The Customer declares that he is aware of this and waives the right to rely on any other document, in particular his own general terms and conditions of purchase.
The Consumer acknowledges that he/she has been informed of the information and data provided for in Articles L. 111-1 to L. 111-7 of the Consumer Code, and in particular:
- The essential characteristics of the Product.
- The price of the Products.
- The date or time period by which the Company undertakes to provide the Service.
- Information relating to the Company's identity. (postal, telephone, electronic contact details)
- Information on legal and contractual guarantees and their implementation.
- The possibility of using conventional mediation in the event of a dispute.
- Information relating to the right of withdrawal (deadline, exercise methods) which is included in our legal notices and privacy policy.
17. Contact details of the mediator
In accordance with Article L. 612-1 of the Consumer Code, you can use the MEDICYS mediation service for free: electronically: medicys-consommation.fr, or by post: MEDICYS - 73, Boulevard de Clichy 75009 Paris