General Terms and Conditions of Sale

GENERAL TERMS AND CONDITIONS OF SALE OF BOPIZY.COM

In effect as of 03/02/2025
Annul and replace the previous ones if applicable.

ARTICLE 1 - Champ d'application

Bopizy provides an online commerce platform that allows Merchants to build and customize online Stores (hereinafter "Online Store(s)"), sell online, and promote their products to individual Buyers, manage products, product availability, payments, order processing, in-store pickup, or possibly delivery, and communicate with existing and potential Buyers.
For all matters concerning the services offered by the Bopizy platform, please refer to the General Terms of Use and Service of the Bopizy platform accessible here:
https://www.bopizy.com/pages/conditions-generales-d-utilisation-et-de-service-de-bopizy

These General Terms and Conditions of Sale (hereinafter "GTC") apply exclusively to the sale of products marketed on the site bopizy.com and not to the services offered by the Bopizy platform. These GTC apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Buyers or the Buyer"), wishing to acquire the products offered for sale ("The Products") by the Seller on the site www.bopizy.com. The Products offered for sale on the site are as follows: communication supports, some of which are customizable, accessories for creating an online store, as well as consumables and spare parts associated with the equipment provided as part of the services offered by the Bopizy platform.

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the website www.bopizy.com, which the Buyer is required to review before placing an order.
The choice and purchase of a Product are the sole responsibility of the Buyer.
Product offers are within the limits of available stocks, as specified when placing the order.

The site www.bopizy.com is accessible:
• To any natural person with full legal capacity to engage under these general conditions. A natural person who does not have full legal capacity may only access the Site with the consent of their legal representative.
• To any legal entity acting through a natural person with the legal capacity to contract on behalf of and for the account of the legal entity.

These T&Cs are accessible at any time on the website www.bopizy.com and will prevail over any other document concerning the purchase of the aforementioned Products.
The Buyer declares having read these General Terms and Conditions and having accepted them before the implementation of the online ordering procedure on the site www.bopizy.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Buyer.

The Seller's contact details are as follows:
Bopizy, SAS
Share capital of 237,000 euros
Registered with the Lille Métropole Trade and Companies Register, under number 978 531 903
3 François Mitterrand Avenue in Wasquehal

Email : contact@bopizy.com
Phone: 07 45 18 58 07
Intracommunity VAT Number FR40978531903
The products presented on the site www.bopizy.com are offered for sale in the following territories: Metropolitan France and Corsica.

In the case of an order to a country other than mainland France, the Buyer is the importer of the concerned Product(s).
For all Products shipped outside the European Union and DOM-TOM, the price will be automatically calculated excluding taxes on the invoice.
"Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of the Buyer and are solely their responsibility."

ARTICLE 2 - Product Characteristics

Before any online order and in application in particular of the provisions of article L111-1 of the Consumer Code, the Buyer can read, on the Site, the characteristics of each Product that he wishes to order.

The Products are offered for sale online within the limits of available stock, or subject to the possibility of ordering them if applicable.
In case of unavailability of the Product after the order has been placed, the Seller will inform the Buyer by email: their order will be automatically canceled and no charge will be made.

The photographs and descriptions of the Products offered for sale online are as accurate as possible. They only bind the Seller to what is specifically stated. The Buyer is however informed and accepts that certain characteristics of the Products, particularly their color, weight, and dimensions may not exactly match the photographs presented on the Site, given the very nature of the processes used, specific to artisanal manufacturing.
These variations in no way affect the quality of the Products offered for sale and confirm their unique character.

For the sale of customizable communication materials, the Seller agrees to transcribe the messages desired by the Buyer exactly as they are on the biscuits and to make no corrections, even spelling ones. It is the Buyer's responsibility to verify the requested text at the time of placing the order.
The allowed characters for text type customizations are as follows:
ABCDEFGHIJKLMNOPQRSTUVWXYZ1234567890

The Seller does not carry out any systematic control or moderation of the personalization messages determined by the buyers. The Seller cannot be held responsible in any way for the personalization messages chosen by its Buyers and therefore cannot be held liable for their use in any case.
However, the Seller reserves the right and at its sole discretion to refuse or cancel any order for personalized and customizable items whose personalization would include a message that is illegal, obscene, defamatory, insulting, anti-Semitic, inciting violence or the commission of a crime, infringing on human dignity or privacy.

Please note that we are working with partners for the on-demand printing of the various personalized communication materials offered on our site.

"We do not guarantee that the quality of the products, services, information, or other materials that you purchase or obtain will meet your expectations, nor that any errors in the Service will be corrected."

ARTICLE 3 - Prices

The Products are provided at the current rates listed on the website www.bopizy.com, at the time of the order being placed by the Seller.
Prices are expressed in Euros, excluding tax and including tax.
The prices take into account any discounts that may be granted by the Seller on the website www.bopizy.com.
These prices are firm and cannot be revised during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

The prices do not include processing, shipping, transport and delivery costs, which are invoiced additionally, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Buyer corresponds to the total amount of the purchase, including these fees.
Purchase invoices will be sent to the Buyer by any useful means.

 

ARTICLE 4 – Orders

"It is up to the Buyer to select on the website www.bopizy.com the Products they wish to order, according to the following terms:"
The Buyer selects a Product to put in their cart. If applicable, they can customize the product before adding it to the cart. They will be able to delete or modify the Product before confirming their order and accepting these general terms and conditions of sale. They will then enter their details or log into their account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the Buyer according to the specified terms.

Product offers are valid as long as they are visible on the site, while stocks last.
The sale will only be considered valid after full payment of the price. It is the Buyer's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website www.bopizy.com constitutes the formation of a contract concluded at a distance between the Buyer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Buyer with whom there is a dispute regarding the payment of a previous order.
The Buyer will be able to track the progress of their order on the site.

Any cancellation of the order by the Buyer after its acceptance by the Seller will only be possible within 2 hours at the latest after the acceptance of the order by the Seller and as long as the shipment has not taken place (regardless of the provisions relating to the application or not of the legal right of withdrawal).
In the case of customized items, cancellation will be impossible once we have forwarded the order to our partner printer.

 

ARTICLE 5 - Payment Conditions

Payment can be made online by credit card, through the secure online payment service indicated on the Site, or by any other means that will be offered on the Site at the time of the order.

The price is payable in full by the Buyer, on the day the order is placed.

Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved in the banking transactions carried out on the site www.bopizy.com.

Payments made by the Buyer will only be considered final after actual collection by the Seller of the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Buyer if the latter does not pay the full price in accordance with the conditions indicated above.

 

ARTICLE 6 - Deliveries

The products ordered by the Buyer will be delivered in mainland France and Corsica.

Deliveries occur within a period of 7 working days at the address indicated by the Buyer when placing their order on the site.
Delivery consists of the transfer to the Buyer of physical possession or control of the Product. Unless in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.
The Seller agrees to make its best efforts to deliver the products ordered by the Buyer within the timeframes specified above.

Different delivery methods may be possible, depending on the categories of Products and their weight.
The Buyer is informed before validating their order of the possible delivery methods for the ordered Product as well as the corresponding deadlines and costs for each of these methods.
The Buyer must select the desired delivery method and provide all the information necessary for the effective delivery of the Product according to this method.

If the ordered Products have not been delivered within 14 working days after the indicative delivery date, for any reason other than force majeure or the fault of the Buyer, the sale may be resolved at the written request of the Buyer under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The amounts paid by the Buyer will then be refunded to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

Deliveries are carried out by an independent carrier, to the address specified by the Buyer at the time of the order and to which the carrier can easily access.
When the Buyer has taken it upon himself to call upon a carrier of his own choosing, delivery is deemed to have been made as soon as the ordered Products are handed over by the Seller to the carrier who has accepted them without reservations. The Buyer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of a failure to deliver the transported goods.

In the event of a specific request from the Buyer regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional invoice, based on a quote previously accepted in writing by the Buyer.
The Buyer is required to check the condition of the delivered products. They have a period of 3 days from the date of delivery to submit claims by email: contact@bopizy.com, accompanied by all relevant supporting documents (notably photos). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defects, and no claims will be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at their own expense, the delivered Products for which defects of conformity or apparent or hidden defects have been duly proven by the Buyer, under the conditions set forth in articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions.

The transfer of the risks of loss and deterioration related thereto will only take place at the moment when the Buyer physically takes possession of the Products. The Products therefore travel at the Seller's risk and peril unless the Buyer has chosen the carrier themselves. In this respect, the risks are transferred at the moment the goods are handed over to the carrier.

 

ARTICLE 7 - Transfer of Ownership

The transfer of ownership of the Seller's Products to the Buyer will only be completed after full payment of the price by the latter, including delivery charges, regardless of the delivery date of said Products.

 

ARTICLE 8 - Right of Withdrawal

According to the provisions of Article L221-18 of the Consumer Code "
"For contracts providing for the regular delivery of goods over a defined period, the period begins from the receipt of the first good."
The right of withdrawal can be exercised by contacting the Company in the following way: by email or phone, via the contact page of the website.
Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing for their resale as new, accompanied by the purchase invoice.
Damaged, soiled, or incomplete products are not accepted.
The return costs remain the responsibility of the Buyer.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the Seller of the Products returned by the Buyer under the conditions set forth in this article.

Given their perishable nature, the 14 (fourteen) day right of withdrawal does not apply to food ingredients and culinary preparations sold by the Seller.
An unprocessed order may nevertheless be modified or canceled, after obtaining the prior and express agreement of the seller. No refund will be made, but a credit note for the amount of the order may be issued to the Buyer.

 

ARTICLE 9 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from:
• of the legal warranty of conformity, for defective, damaged, or impaired Products or those not corresponding to the order,
• of the legal warranty against hidden defects arising from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use,

Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
“The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
Article L217-5 of the Consumer Code
“The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L217-12 of the Consumer Code
“The action resulting from the lack of conformity is prescribed two years from the delivery of the goods. »
Article 1641 of the Civil Code.
“The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or He would have given only a lower price if he had known about them. »
Article 1648 paragraph 1 of the Civil Code
“The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »
Article L217-16 of the Consumer Code.
“When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention. »
In order to assert its rights, the Buyer must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from the moment of their discovery.
The Seller will reimburse, replace or repair Products or parts under warranty deemed non-compliant or defective.
The Seller will arrange with the carrier of their choice the terms of the return, of which they will inform the Buyer by any useful means. The Seller will bear the costs of this return.
Products must be returned to the Seller in their original packaging. They must be accompanied by a copy of the corresponding purchase invoice.
Returns of Products not complying with the terms described above cannot be taken into account.
"Refunds, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 14 working days following the Seller's acknowledgment of the non-compliance or hidden defect. This refund may be made by bank transfer or bank check."
The Seller cannot be held liable in the following cases:
• non-compliance with the legislation of the country in which the products are delivered, which it is the Buyer's responsibility to verify,
• in case of misuse, use for professional purposes, negligence or lack of maintenance by the Buyer, as well as in the case of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the Seller's liability.
The seller cannot be held responsible for the non-performance or delay in the execution of sales contracts due to circumstances beyond their control or a case of force majeure, it being expressly stated that the following are considered as cases of force majeure, in addition to those usually recognized by the case law of French courts: exceptional weather conditions, natural disasters, fires and floods, lightning, terrorist attacks, cases of disruption or blockage of telecommunications networks, means of transport or postal services including due to strikes, damages caused by viruses for which existing security measures on the market do not allow for their eradication, as well as any legal or regulatory obligation or public order imposed by the competent authorities that would have the effect of substantially modifying these general conditions.

The Seller's guarantee is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.

 

ARTICLE 10 - Obligations of the buyer

10.1. The Buyers are solely responsible for the use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs prior to the purchase of said Products.

10.2. It is also the responsibility of the Buyers to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any infringement.

10.3. The Buyers are solely responsible for the content of the messages they choose to inscribe on the Products (hereinafter referred to as: "the Contents").
They guarantee the Seller that they have all the necessary rights and permissions to distribute this Content.

The Buyer is solely responsible if they ask the Seller to include on the ordered Products a sign protected by copyright or an intellectual property title for which they do not have any rights or authorization.

In this case, the Buyer agrees to use it exclusively in the private sphere, and not to disseminate photographs or videos of said Product to the public, particularly through social media, and guarantees the Seller in this regard.
In any case, the Seller shall not be held liable in this regard.

10.4. The Buyers undertake that the said Contents are lawful, do not infringe public order, good morals, or the rights of third parties, do not violate any legislative or regulatory provisions, and more generally, are not in any way likely to engage the civil or criminal liability of the Seller.

Buyers are thus prohibited from listing on the Products, including but not limited to the following:
• pornographic, obscene, indecent, shocking or inappropriate for a family audience, defamatory, insulting, violent, racist, xenophobic or revisionist content,
• counterfeit content,
• content that is harmful to the image of a third party,
• misleading, deceptive content or proposing or promoting illegal, fraudulent, or deceptive activities,
• and more generally Content that may infringe the rights of third parties or be harmful to third parties, in any way and in any form whatsoever.

Any commercial exploitation of the Products by the Buyer, without prior agreement from the Seller, is prohibited, including any resale or distribution for a fee.

Finally, the Seller's liability cannot be engaged in the event of the Products being refurbished by the Buyer after their purchase.

 

ARTICLE 11 - Personal Data

Bopizy practices a personal data protection policy whose characteristics are explained in the Privacy Policy, which the Buyer is expressly invited to review.

 

ARTICLE 12 - Intellectual Property

The content of the site www.bopizy.com is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

 

ARTICLE 13 - Advertising

The Seller reserves the right to insert on any page of the Site and in any communication directed to Buyers any advertising or promotional messages in a form and under conditions that the Seller will solely determine.

"Unless otherwise stated by him, the Buyer expressly authorizes the Seller to use its corporate name if it is a company, its brand, its logo, as well as references to its website, as commercial references, on any medium, including on its website and social media, and in any form whatsoever."

 

ARTICLE 14 - Modifications

The Seller reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the Buyer’s order.

 

ARTICLE 15 - Applicable Law - Language

These General Terms and Conditions and the operations resulting from them are governed and subject to French law.
These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.

 

ARTICLE 16 – Disputes, applicable law and jurisdiction

In accordance with the provisions of Articles L611-1 and following and R152-1 and following of the Consumer Code, the Buyer has the right to resort free of charge to the mediation service to which the Seller is subject in order to amicably resolve any dispute concerning the execution of these terms that may arise between the Buyer and the Seller.

These terms are governed by French law and any dispute or litigation that may arise from the interpretation or execution of these shall be under the exclusive jurisdiction of the courts where the Seller's registered office is located. The reference language for the resolution of any disputes is French.