Terms & Conditions
ARTICLE 1 – GENERAL PROVISIONS
1-1 – Scope
These Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by ERIC BOMPARD SA, a French public limited company (société anonyme) with a share capital of 297,984 Euros, whose head office is located at 13 bis rue de Chartres, 92200, Neuilly-sur-Seine, France, registered in the Nanterre Trade and Companies Register (RCS) under number 338 375 454 and whose VAT number is FR34 338 375 454 (hereinafter referred to as “ERIC BOMPARD”), with end consumers wishing to purchase products marketed on the website eric-bompard.com exclusively for their personal needs and not directly or indirectly related to a commercial, intermediary or resale activity (hereinafter referred to as the “Customer”).
The Customer affirms that they are acting as a consumer and that they do not intend to resell the ERIC BOMPARD items for commercial purposes. The Customer also certifies that they have the legal capacity to enter into the commitments provided for in these Terms and Conditions of Sale and that they are at least 16 years of age.
These Terms and Conditions of Sale for online sales state, in particular, the conditions that govern orders, payments, deliveries and the management of any returns of Products that are ordered by Customers for the following ERIC BOMPARD sites:
United Kingdom: www.eric-bompard.com/en_gb
Other Member States of the European Union (Euro zone): www.eric-bompard.com/en_eu
An international partner, an agent, called Global-e, is responsible for facilitating the execution of orders for international markets outside the European Union/Euro zone (with the exception of the United Kingdom) via the Eric Bompard websites www.eric-bompard.com/en_ww and www.eric-bompard.com/fr_ch.
In particular, Global-e is responsible for the reception of the order, for payment and for who operates returns via their agreed transporters. All orders whose destination is the above-mentioned markets are subject to the Global-e Terms and Conditions of Sale.
The company Global-e France, a simplified joint-stock company, is a company registered with the Paris Register of Commerce and Companies, under number 818 358 459, whose registered office is situated at 320, Rue Saint Honoré - 75 001 Paris - France (Hereafter referred to as “Global-e”).
To see the Terms and Conditions of Sale of Global-e, use the following links:
Global-e Terms and Conditions of Sale (https://service.global-e.com/fr)
Data protection policy (https://service.global-e.com/fr)
Global-e shall be responsible for the following tasks:
Affixing the price in the local currency of the Customer;
Returns of Customers’ orders.
In addition, the Customer benefits from the possibility of obtaining complementary information about the above-mentioned tasks at the following address: service@Global-e.com.
1-2 - Acceptance of the Terms and Conditions of Sale
These Terms and Conditions of Sale apply to the exclusion of any other terms and conditions and, in particular, those applicable to other distribution and marketing networks.
These Terms and Conditions of Sale are accessible at any time on the website eric-bompard.com and prevail over, if necessary, over any other contradictory version or document.
The Customer declares having read and understood these Terms and Conditions of Sale and accepted them before finalising their order. Validation of their order by the Customer has the effect of acceptance without restriction or reserve of these Terms and Conditions of Sale.
These Terms and Conditions of Sale may be the object of ulterior modification, the version applicable to the purchase by the Customer is that in force on the website at the date the order is made. Modifications to these Terms and Conditions of Sale are enforceable against users of the website eric-bompard.com from the date they are placed online and do not apply to any prior transactions.
Except where there exists evidence to the contrary, data recorded in the ERIC BOMPARD computer system constitutes evidence of the whole of the transactions concluded with the Customer.
In compliance with the Data Protection Act of 6 January 1978, strengthened and completed by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the Customer has at all times a right to access, rectify, oppose and erase, and to the portability of, their personal data by writing with proof of identity to:
ERIC BOMPARD SA
Data Protection Officer
22 rue Louis Blanc
93585 Saint-Ouen Cedex - FRANCE
Tel: +33 (0)1 40 12 00 40 - email: firstname.lastname@example.org
The Customer affirms that they have the capacity necessary to contract and acquire the articles proposed on the ERIC BOMPARD website.
Where an order is made for a country other than Metropolitan France the Customer is the importer of the article or articles concerned.
ARTICLE 2 - INFORMATION ABOUT THE ERIC BOMPARD ARTICLES PRESENTED OF FOR SALE ON THE WEBSITE
Articles for sale on the website eric-bompard.com are articles of textiles and fashion accessories for Women, Men, Children and Babies; as well as articles for the maintenance of the above articles.
The main characteristics of these articles and, in particular, the specifications, illustrations and information about dimensions or materials, are presented on the website eric-bompard.com.
The Customer must acquaint themselves with this information before placing any order.
The choice and purchase of a Product is the sole responsibility of the Customer.
The photography, graphics and descriptions presented on the website eric-bompard.com are indicative only and not contractually binding: every effort is made by ERIC BOMPARD to ensure that the colours, patterns and materials of online articles are accurately represented in photos and videos. However, variations may arise particularly due to technical limitations in rendering colours. These errors or non-substantive inaccuracies do not engage any liability on the part of ERIC BOMPARD.
The Customer is obliged to refer to the description of each Product to ascertain its essential properties and features. The Customer benefits, furthermore, from the possibility of obtaining complementary information by visiting ERIC BOMPARD stores to ask questions or by contacting ERIC BOMPARD customer services:
By email: email@example.com
By telephone: +33 (0)1 40 12 00 40 from Monday to Friday 9:00 a.m. to 6:00 p.m and on Saturday from 9:00 a.m. to 5:00 p.m. (GMT +1). Not a premium rate call.
By post: Eric Bompard SA, Service client, 22 rue Louis Blanc 93585 Saint-Ouen Cedex - FRANCE
Articles are offered for sale subject to the limit of available stocks, as specified when the order is placed.
The website contains a commercial proposition for the sale of products, which is not exhaustive of the products sold by the company ERIC BOMPARD SA.
ARTICLE 3 - Orders
Offers are valid whilst visible on the website and subject to the limits of available stocks. ERIC BOMPARD may alter which articles are offered for sale on the website without prior notice or information. These modifications have no effect on orders already placed.
The Customer is informed, during their navigation of the website eric-bompard.com and during constitution of their cart, about the availability of online articles. However, if it transpires that an article that has been ordered is no longer available, ERIC BOMPARD will inform the Customer by any means and within the shortest possible time. Such unavailability of an article on its website does not give rise to any liability on the part of ERIC BOMPARD.
It is up to the Customer to select on the website eric-bompard.com the Products they wish to order, in the following manner:
3-1 - Selection of Articles by the Customer
The Customer, during navigation of the website eric-bompard.com, selects the references and quantities of articles they wish to acquire by clicking “Add to cart”. The Customer may then decide to continue with their purchases or to order the article(s) selected by clicking “Order”.
Once the Customer has finished selecting, they may choose to modify the order (deleting or adding an article, modifying quantities or sizes). Once the composition of the cart is definitive, the Customer may click on “Validate my order” to begin the process of placing the order.
3-2 - Identification
In order to pursue the order, Customers are asked to identify themselves by providing an email address, unless they have chosen to do so before filling the cart.
If the Customer already has a customer account, they simply need to identify themselves with their email address and password.
If the Customer does not already have a customer account, they must create a customer account so that their order may be processed.
Customer account identification is with a password and user name determined by the Customer and personal to them. The Customer engages to keep this information strictly confidential and not to reveal it to third parties. The Customer also engages to notify ERIC BOMPARD forthwith in the event of any loss or theft of this information as well as, more generally, any fraudulent use of their customer account.
3-3 - Validation of the order by the Customer
In order to allow effective processing of an order, a Customer must choose a delivery method from among those proposed and enter a delivery address.
The Customer must also enter a billing address. If this address is identical to the delivery address, they need only tick the box to this effect.
At each stage, a summary of the order is presented to the Customer so that they may verify its accuracy (particularly articles, price, colours and sizes) and immediately report any error.
The Customer must then choose a method of payment and enter the information necessary for implementation of the chosen payment method by following the instructions given by the secure payment server.
3-4 - Formalisation of a sale contract
The sale is considered definitive only after the Customer has been sent, to the customer account email address, confirmation of acceptance of the order by ERIC BOMPARD by electronic mail and after full payment has been received by them. If the Customer does not receive a message from ERIC BOMPARD after having placed an order, they are invited to contact customer services: email: firstname.lastname@example.org – telephone: +33 (0)1 40 12 00 40.
Any order placed on the website eric-bompard.com (excepting www.eric-bompard.com/en_ww and www.eric-bompard.com/fr_ch) constitutes the formation of a distance contract between the Customer and ERIC BOMPARD. The Customer recognises, by accepting these Terms and Conditions of Sale, that electronic mail and the automatic registrations used by customer services or the website eric-bompard.com, in particular as regards the nature and date of the order, are authoritative in their dealings with ERIC BOMPARD.
3-5 - Following your orders
The summary of the Customer order as well as previous orders by the same Customer are available under the heading “my orders” in the Customer’s account.
The Customer may follow the progress of their order on the website eric-bompard.com.
3-6 - The right to refuse an order
ERIC BOMPARD reserves the right to cancel any order made where there exists prior dispute(s) with the Purchaser or in the event of total or partial non-payment of a previous order by the Customer or where a technical problem has led to the affixing of a “derisory” price to a product when compared to its reference price (the reference price of a model is the catalogue price for the current collection).
ERIC BOMPARD is not in the business of selling its articles via the website eric-bompard.com to professionals, but only to consumers or non-professionals for their personal use.
ERIC BOMPARD thus reserves the right to refuse any unusual order for the same article(s) in large quantities, which is not consistent with the pursuit of non-commercial objectives.
ARTICLE 4 - PRICES
The price of Products on the site www.eric-bompard.com (except www.eric-bompard.com/en_ww and www.eric-bompard.com/fr_ch) are indicated in Euros or GBP according to the Customer’s country and excluding delivery costs (shipping, packaging and making a package according to current prices - see Article 5). The amount of these charges will be specified in the cart, before confirmation of the order.
For deliveries within the European Union (except DROMS and COMS):The price is shown inclusive of taxes. These prices take account of French Value Added Tax or, as appropriate, that of the destination country, at the rate in force on the date of the order.
If one or more taxes or contributions, particularly environmental, comes to be created or modified, whether raised or lowered, this modification may be passed on to the sale price of the Products presented on the website and different sales platforms.
The prices of products given on the website are valid for the duration of the period for which the products are online.
ARTICLE 5 - PAYMENT
The price shown on the website www.eric-bompard.com (excepting www.eric-bompard.com/en_ww and www.eric-bompard.com/fr_ch) is payable in total on the day the Customer places the order, by secure payment method, in the following manner:
credit cards: Visa, MasterCard, American Express, other credit cards
Payment information is exchanged in encrypted form using the SSL protocol certified by a certification authority.
The transaction is thus effected by the Customer according to banking security standards and verification of the payment is made according to the bank’s own procedure. It is expressly agreed between the Customer and ERIC BOMPARD that the Customer, in communicating their bank details and card number, authorises their bank to debit their account for the payment of invoices transmitted by ERIC BOMPARD.
Where the Customer’s bank refuses to make the payment, the order cannot be completed and the sale cannot be concluded.
ARTICLE 6 - DELIVERY
The delivery time varies according to the delivery method chosen by the Customer and the country of delivery and an indicative delivery time will be transmitted to them. This delivery time includes the processing time of the order as well as the travel time to the address given by the Customer at the time of their order on the website eric-bompard.com.
Except in special cases or where one or more articles are unavailable, the articles ordered will be delivered in a single delivery.
The articles ordered will be delivered with proof of delivery in person according to the choice made by the Customer at the time the order was made.
ERIC BOMPARD undertakes to do its very best to deliver the articles ordered by the Customer within the indicative delivery times transmitted to the Customer. However, if the articles ordered are not delivered within a period of 30 days after the date of the order, for any reason other than force majeure or action by the Customer, the sale may be terminated at the written request of the Customer within the conditions set out by Articles L216-2, L216-3, L241-4 of the French Consumer Code. The sums transmitted by the Customer will therefore be reimbursed no later than 14 days after the date of renunciation of the contract, with the exclusion of any indemnity or deduction.
The Customer is obliged to verify the condition of the articles delivered. If an article is defective and not in conformity, the Customer must follow the procedure set out in Article 8 of these Terms and Conditions of Sale to return, no later than 30 days after the delivery, these articles to ERIC BOMPARD, then to obtain the reimbursement for these articles and the costs of delivery.
(1) Article L211-4 of the French Consumer Code: The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in existence at the time of delivery. It is also liable for defects resulting from the packaging, assembly instructions or installation when that was made its responsibility under the contract or was carried out under its responsibility.
Article L211-5 of the French Consumer Code: In order to conform to the contract, the goods must:
1) Be fit for the normal use intended for such goods and, as appropriate: - correspond to the description given by the seller and possess the qualities presented to the purchaser in the form of a sample of model; - present the qualities a purchaser may legitimately expect taking into account the public statements made by the seller, producer or his representative, particularly in publicity or labelling;
2) Or present the characteristics defined by common agreement between the parties or be fit for any special use sought by the purchaser that has been made known to and accepted by the seller.
Article L211-12 of the French Consumer Code: Any action resulting from lack of conformity is limited to two years from the date of delivery of the goods.
Article 1641 of the French Civil Code: The seller is bound to a warranty in respect of latent defects of the item sold that render it unfit for the use for which it is intended, or which diminishes that use to such an extent that the purchaser would not have acquired it, or would have paid a lower price for it, had he known about them.
Article 1648(1) of the French Civil Code: Any action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.
Beyond this time limit and in default of respect for these formalities, the articles are deemed to be in conformity and free from defect and no claim may be validly accepted by ERIC BOMPARD, subject to the provisions of article 9 of these Terms and Conditions of Sale.
ERIC BOMPARD will reimburse or replace, within the shortest possible time and at its own cost, the articles delivered whose lack of conformity, defects or latent defects have been duly proven by the Customer, under the provisions set out by Articles L217-4 et seq. of the French Consumer Code and those set out by these Terms and Conditions of Sale (see, in particular, guarantees).
ARTICLE 7 – Transfer of ownership - Transfer of risk
The transfer of the ownership in ERIC BOMPARD article(s) via the site www.eric-bompard.com (excepting www.eric-bompard.com/en_ww and www.eric-bompard.com/fr_ch), for the benefit of the Customer, only takes place after payment of the total price by the Customer, regardless of the delivery date of the aforementioned article(s).
Whatever the date of transfer of ownership of the article(s), the transfer of the risks of loss and deterioration related to them only takes place at the time the Customer takes physical possession of the article(s). Articles travel, therefore, at the risk and peril of ERIC BOMPARD.
ARTICLE 8 – CANCELLATIONS AND RETURNS
8.1 - Definition of the right of retraction:
The Customer has a right of retraction, during a period of 30 calendar days from the date of reception of the order, to cancel the order and return all or part of their article(s).
The return of articles is free of charge exclusively in Europe and when carried out with respect to these Terms and Conditions of Sale.
ERIC BOMPARD reserves the right to refuse a Customer order in the case of a dispute with that Customer and until the resolution of that dispute. The Customer will be informed of any such decision by email and will, if appropriate, receive reimbursement of any sums that may have been paid.
This right of retraction applies only to certain articles, in particular but not limited to:
Products made according to Customer specifications or manifestly personalised (alterations, personalised orders, fitted with a monogram);
Products which, for reasons of hygiene or preservation, are sealed, as soon as they have been unsealed;
Services, if they have begun to be provided before the end of the 30 day retraction period.
8.2 - Time limit for return of articles:
To exercise the right of retraction, a Customer must return the article(s) within a delay of 30 calendar days from reception of the product(s) ordered, the date featuring on the delivery receipt being authoritative.
8.3 - Means of return:
Returns are free of charge exclusively within Europe when made in accordance with the returns procedure provided for by these Terms and Conditions of Sale: ERIC BOMPARD includes a prepaid return slip in each order.
The Customer must send the article(s) unused and undamaged, with the labels, accessories, parts as well as all original branded packaging and protections, in order that the article(s) may be resubmitted for sale. When possible the Customer must also return the unbranded packaging and protections that may be delivered with the article(s).
Articles not returned or returned incomplete, damaged, altered, stained or in any other condition that may lead reasonably to the assumption that they have been worn or used, will not be refunded. They may be returned in such condition to the Customer at his request.
The Customer must send the article(s) to the following address, together with their shipping declaration:
Eric Bompard SA
Mail order Department
22 rue Louis Blanc
93585 Saint-Ouen Cedex France
8.4 - Effect of return: reimbursement:
In the case of return, the Customer is reimbursed for the whole of the order as well as the costs of return they may have incurred. The reimbursement will be made within 14 working days from the date of reception of the return by ERIC BOMPARD or, in default, from the transmission of the proof of dispatch of the product(s) returned.
The reimbursement will be made by the same method of payment that was used by the Customer for the original transaction, except if the Customer and ERIC BOMPARD expressly agree to a different method.
The reimbursement will not incur costs to the Customer. However, in application of article L221-24 of the French Consumer Code, the additional costs incurred by the Customer by reason of their choice of a more costly delivery method than that proposed by ERIC BOMPARD will remain at their charge and will not be reimbursed.
The reimbursement is conditional on receipt of the product(s) returned.
8.5 - Liability:
The Customer is liable only in respect of the depreciation of the goods that is the result of manipulations other than those necessary to establish the nature, characteristics and proper functioning of the goods.
For the retraction period to be respected, the Customer need simply transmit their communication about the exercise of the right of retraction and return the product(s) concerned before the expiry of the 30 day retraction and returns period.
8.6 - Exchange
If the Customer wishes to order another product or a similar product with different characteristics (colours, size etc.) they must return the article(s) in accordance with the return provisions of Article 8.3, complete the returns slip with the motive for the return and give bank details where the purchase price is different.
In the case of unavailability, reimbursement will be made under the provisions of Article 8.4.
ARTICLE 9 - SELLER'S LIABILITY - GUARANTEE
The articles sold on the website eric-bompard.com comply with current French regulations and their performance is consistent with the normal use expected for such articles.
The articles supplied by ERIC BOMPARD automatically benefit, without additional payment, independently of the right of retraction and in compliance with legal provisions, from a legal guarantee as to conformity and hidden defects.
To obtain full enjoyment of their rights, the Customer must inform ERIC BOMPARD, in writing:
of the non-conformity of the article(s) within a delay of 24 months from the date of delivery
of the existence of hidden defects within a maximum delay of 24 months from the discovery of the defect. The Customer must show and proof that they have fulfilled the conditions for enjoyment of the guarantee against hidden defects.
The Customer must return or take to the store the defective article(s) in the state in which they were received and including all elements (accessories, packaging, notice etc.).
The Customer may choose between repair or replacement of the Product ordered, subject to one of their choices does not incur manifestly disproportionate costs to ERIC BOMPARD. If such is the case, the Customer may choose between returning the damaged article(s) and being reimbursed for the total purchase price or keeping the damaged article(s) and being reimbursed only a part of the purchase price, except where the lack of conformity is insignificant or minor.
Shipping costs will be reimbursed based on the invoice and costs of return are reimbursed on presentation of evidence.
The reimbursement will be made by credit to the Customer’s bank account or by cheque addressed to the Customer.
ERIC BOMPARD is not liable in the following cases:
failure to respect the laws of the country to which the product(s) are delivered, which is for the Customer to verify,
where there is poor usage, usage for professional purposes, negligence or failure to maintain on the part of the Customer, as in cases of normal wear and tear of the Product(s), accident or force majeure.
The Seller’s guarantee is, in any event, limited to the replacement or reimbursement for the Product(s) that lack conformity or defective.
ARTICLE 10 - TECHNOLOGY AND FREEDOM
In application of Act 78-17 of 6 January 1978, as amended by Act n°2018-493 of 20 June 2018, it is remembered that the personal data requested of Customers is necessary for processing the order and the establishment of invoices, in particular.
This data may be communicated to such partners of ERIC BOMPARD as are responsible for the execution, treatment, management and payment of orders.
The treatment of information communicated by the website eric-bompard.com responds to legal requirements about protection of personal data, the information system used ensuring maximum protection of such data.
The Customer has, in accordance with national and European regulations in force, a permanent right of access, modification, rectification, opposition and portability and of limitation of treatment of information concerning them.
This right may be exercised in the conditions and according to the terms defined in our data protection policy.
ARTICLE 11 - INTELLECTUAL PROPERTY
The content of the website eric-bompard.com is the property of ERIC BOMPARD and partners and is protected by French and international intellectual property laws.
Any reproduction, direct or indirect, total or partial of the content is strictly prohibited and may constitute an infringement of intellectual property rights.
Furthermore, ERIC BOMPARD remains owner of all intellectual property rights of any videos, logos, photography, presentations, studies, drawings, models, prototypes etc. presented on the website or made at the request of the Customer with a view to the provision of Services to the Customer.
Any reproduction or exploitation, total or partial, is therefore prohibited, whatever the motive or medium, of the above-mentioned studies, drawings, models and prototypes etc., in the absence of express, written prior authorisation by ERIC BOMPARD which may conditional on receipt of financial compensation.
The creation of hyper-links to one of the pages or elements of the website eric-bompard.com is also prohibited, as is any use of the site that is not in conformity and in particular any use having a commercial or professional end, whether direct or indirect.
ARTICLE 12 - FORCE MAJEURE
The Parties are not liable if the non-execution or delay in execution of one or other of their obligations, as described in these Terms and Conditions of Sale, is the result of force majeure within the meaning of Article 1218 of the French Civil Code.
The Party finding the event must, as soon as possible, inform the other party of the impossibility of executing their obligation(s) and provide evidence of this. The suspension of the obligations may in no case be a cause of liability for non-execution of the obligation in question, nor incur the payment of damages or interest or penalties.
It is expressly agreed that the Parties may automatically dissolve the agreement for force majeure, without warning or formality, if the suspension of execution of the contract due to this force majeure lasts longer than 20 days. In that case the order will be cancelled and the Customer reimbursed.
ARTICLE 13 - JURISDICTION - LANGUAGE
These Terms and Conditions of Sale and the operations arising from them are governed by and subject to French law.
These Terms and Conditions of Sale are written in French. Where they are translated into one or several foreign languages, only the French text is authoritative in the case of a dispute.
ARTICLE 14 - DISPUTES
Any dispute that may arise about purchases and sales concluded in application of these Terms and Conditions of Sale, as concerns their validity, interpretation, execution, termination, consequences and repercussions and which cannot be resolved between the seller and customer will be submitted to the competent tribunal under the provisions of the ordinary law.
The Customer is informed that they may in any case have recourse to conventional mediation prior to any court proceedings, to seek an amicable solution with ERIC BOMPARD, by going to CMAP (The Centre for Mediation and Arbitration of Paris), the Consumer Mediator with jurisdiction over ERIC BOMPARD.
To submit a dispute to the Mediator, the Customer must complete the form on the CMAP website: www.cmap.fr, tab “Vous êtes un consommateur (you are a consumer)” or send an email to this address: email@example.com. In order that CMAP may treat the Customer’s request efficiently, the Customer must give their address, the difficulties encountered and the steps taken with ERIC BOMPARD to resolve them.
The Customer is free to accept or refuse recourse to Mediation and to accept or refuse the solution proposed by the Mediator. Where the solution proposed by the Mediator is refused, or where recourse to Mediation is refused, the Customer may seize the competent tribunal in application of the French Code of Procedure and French Consumer Code.
ARTICLE 15 - PRE-CONTRACTUAL INFORMATION - ACCEPTANCE BY THE CUSTOMER
The fact of a physical or legal person ordering on the website eric-bompard.com implies adherence to and full and complete acceptance of these Terms and Conditions of Sale and the obligation of payment for the Products ordered, which is expressly recognised by the Customer, who waives, in particular, assertion of any contradictory document which will not be enforceable against ERIC BOMPARD.