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Between the Company La Bombilla,
149 Avenue du Maine, 75014 Paris, with a Share Capital of €5,626, registered with the Paris Trade and Companies Register under the number SIRET 85037485100028, represented by Mr. Antoine Callier as manager, duly authorized for the purposes hereof. The company can be contacted by email by clicking on the form accessible via the contact page of the site.
Hereinafter referred to as the “Seller” or the “Company.”
On one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as the “Buyer” or the “Client”
On the other hand,
It has been exposed and agreed as follows:
The Seller is a supplier of Products intended for consumers, marketed through its website (http://labombilla.fr). The list and description of the goods and services offered by the Company can be consulted on the aforementioned site.
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (CGV) govern the sales of Products made through the Company's website and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who accepted them before placing an order. The Seller reserves the right to modify these at any time by publishing a new version on its website. The applicable CGV are those in effect on the date of payment of the order. These CGV can be consulted on the Company's website at the following address: https://labombilla.fr/pages/cgv. The Company also ensures that their acceptance is clear and unconditional by implementing a checkbox and a validation click. The Client declares to have taken note of all these General Terms and Conditions of Sale, and if applicable, the Specific Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure the adequacy of the offer to their needs. The Client declares to be able to contract legally under French law or validly represent the individual or legal entity for which they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
The prices of products sold through the website are indicated in Euros (€) all taxes included (TTC) and are precisely determined on the product description pages. They are also indicated in Euros (€) all taxes included on the product order page, excluding specific shipping costs. For all products shipped outside the European Union and/or DOM-TOM, the price is automatically calculated excluding taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be applicable in certain cases. These duties and amounts are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time for the future. The telecommunication costs necessary for accessing the Company's websites are the responsibility of the Client. If applicable, so are the delivery costs. Delivery costs are detailed on the following page: https://labombilla.fr/pages/livraisons-et-retours.
In accordance with the provisions of Article 1127-1 of the Civil Code, the Client must follow a series of steps to conclude the contract electronically in order to place their order. However, the steps described below are systematic:
- Information on the essential characteristics of the Product;
- Choice of the Product, if applicable its options and indication of the essential data of the Client (identification, address…);
- Acceptance of these General Terms and Conditions of Sale.
- Verification of the elements of the order and, if applicable, correction of errors.
- Following the instructions for payment, and payment for the products.
- Delivery of the products. The Client will then receive confirmation by email of the payment of the order, as well as an acknowledgment of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Client.
The client will have the opportunity during the ordering process to identify any errors made in data entry and to correct them. The language proposed for the conclusion of the contract is French.
For the proper execution of the order, and in accordance with Article 1316-1 of the Civil Code, the Client agrees to provide truthful identification elements. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
The archiving of communications, the order, the order details, as well as invoices is carried out on a reliable and durable medium to constitute a true and lasting copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as evidence of the contract.
The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company's website, as well as, if applicable, the mode of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labeling, display, or any other appropriate method, of the prices and specific conditions of the sale and execution of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The selling price of the product is the one in effect indicated on the day of the order, which does not include the shipping costs charged additionally. These potential costs are indicated to the Buyer during the sales process, and in any case at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the supply of products is not executed immediately, clear information is provided on the product presentation page regarding the delivery dates of the products or services. The customer certifies that they have received a breakdown of delivery costs as well as the terms of payment, delivery, and execution of the contract, as well as detailed information regarding the identity of the seller, their postal, telephone, and electronic contact details, and their activities in the context of this sale. The Seller commits to fulfilling the Customer's order only within the limits of available Product stocks. If not, the Seller informs the Customer; if the order has been placed, and in the absence of an agreement with the Customer on a new delivery date, the Seller refunds the customer.
The contractual information is presented in detail and in French. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The validity period of the offer of Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when they concern a continuous or periodic supply of products or services. Unless otherwise specified, the rights granted under these terms are only granted to the individual signing the order (or the person holding the provided email address).
In accordance with article L.411-1 of the Consumer Code, the products offered for sale through these General Terms and Conditions comply with the current regulations regarding the safety and health of individuals, the fairness of commercial transactions, and the protection of consumers. Regardless of any commercial guarantee, the Seller remains liable for conformity defects and hidden defects of the product.
In accordance with article L.217-4, the seller delivers a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been made their responsibility by the contract.
In accordance with legal provisions regarding conformity and hidden defects (art. 1641 c.civ.), the Seller refunds or exchanges defective products or those not corresponding to the order. The refund can be requested via the contact page of the site.
The products remain the property of the Company until full payment of the price.
The products are delivered to the delivery address that was indicated at the time of the order and within the indicated timeframes. These timeframes do not take into account the preparation time of the order.
In case of delivery delay, the Client has the option to terminate the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then proceed to refund the product and the 'outbound' costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a contact telephone point (cost of a local call from a landline) indicated in the order confirmation email to ensure order follow-up. The Seller reminds that at the moment the Client physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Client's responsibility to notify the carrier of any reservations regarding the delivered product.
In case of unavailability of an item, you will be immediately informed of the expected delivery times and the order for that item can be canceled upon simple request. The Client can then request a credit note for the amount of the item or a full refund and the cancellation of the order.
Payment is due immediately upon ordering, including for pre-ordered products. The Client can make the payment by credit card or Apple Pay. Cards issued by banks located outside of France must necessarily be international bank cards (Mastercard or Visa). Online secure payment by credit card is processed by our payment service provider (Stripe). Once the payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By providing their banking information during the sale, the Client authorizes the Seller to debit their card for the amount related to the indicated price. The Client confirms that they are indeed the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or inability to debit the card, the Sale is immediately resolved by operation of law and the order is canceled.
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within a period of fourteen (14) days from the date of receipt of their order.
The right of withdrawal can be exercised by contacting the Company via the contact page of the site. We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for food products that have already been partially or totally consumed (e.g.: opened packets of mate). In case of exercising the right of withdrawal within the aforementioned period, the price of the purchased product(s) and shipping costs will be refunded, with return costs remaining the responsibility of the Customer. Returns of products must be made in their original and complete condition.
In accordance with the law, the Seller assumes two guarantees: conformity and related to hidden defects of the products. The Seller refunds the buyer or exchanges apparently defective products or those not corresponding to the order placed. The refund request must be made via the contact page of the website. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the good to act against the Seller - that they can choose between replacement and repair of the good subject to the conditions provided by the aforementioned provisions. apparently defective or not corresponding - that they are exempt from providing proof of the existence of the conformity defect of the good during the six months following the delivery of the good. - that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016 - that the consumer can also assert the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code and, in this case, they can choose between the resolution of the sale or a reduction of the sale price (provisions of Articles 1644 of the Civil Code).
If applicable, the Buyer can submit any complaint by contacting the company via the contact page of the website.
In accordance with the provisions of articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they can resort to a consumer mediator under the conditions provided for in Title I of Book VI of the Consumer Code.
Trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these general terms and conditions. Any total or partial reproduction, modification, or use of these goods for any reason whatsoever is strictly prohibited.
The execution of the seller's obligations under these terms is suspended in the event of a fortuitous event or force majeure that would prevent its execution. The seller will inform the customer of the occurrence of such an event as soon as possible.
If one of the provisions of this contract were to be annulled, this nullity would not lead to the nullity of the other provisions which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement from the parties.
In accordance with Regulation 2016/679 of April 27, 2016, concerning the protection of natural persons with regard to the processing of personal data and the free movement of such data, the Seller implements a personal data processing that aims at the sale and delivery of products and services defined in this contract.
All clauses contained in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
For the purpose of informing consumers, the provisions of the civil code and the consumer code are reproduced below:
Article 1641 of the Civil Code: The seller is liable for the warranty due to hidden defects of the sold item that render it unsuitable for the intended use, or that diminish this use so much that the buyer would not have acquired it, or would have given only a lower price, had he known them.
Article 1648 of the Civil Code: The action resulting from hidden defects must be brought by the purchaser within a period of two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be introduced, under penalty of foreclosure, within the year following the date on which the seller can be discharged from the defects or apparent conformity defects.
Article L. 217-4 of the Consumer Code: The seller delivers a good that conforms to the contract and is liable for any defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from packaging, assembly instructions, or installation when the latter has been placed under his charge by the contract or has been carried out under his responsibility.
Article L. 217-5 of the Consumer Code: The good is in conformity with the contract:
1° If it is suitable for the usual expected use of a similar good and, if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller 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 the public statements made by the seller, the producer, or their representative, notably in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by him.
Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is limited to two years from the delivery of the good.
Article L. 217-16 of the Consumer Code: When the buyer requests the seller, during the course of the commercial warranty granted to him at the time of acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the good in question, if this availability is subsequent to the request for intervention.
