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Terms and conditions of sale

Preamble

These general terms and conditions of sale govern the contractual relationship between :

  • BOTISUM, whose head office is located at 21000 Dijon, 16 rue de l'Hôpital, hereinafter referred to as "The Vendor".
  • And, any natural or legal person who places an order on the Vendor's website, hereinafter referred to as the "Buyer".

These general terms and conditions of sale apply to the online sale of products and services offered by the Vendor. The present terms and conditions of sale detail all the obligations of the parties.

The Buyer is deemed to accept them without reservation.

  • The Seller and the Buyer agree that the present general terms and conditions of sale exclusively govern their relationship.
  • The Seller reserves the right to modify the general terms and conditions of sale, subject to prior notice to the Buyer.
  • The present terms and conditions of sale will be applicable as soon as they are put online.
  • These general terms and conditions of sale apply to all orders placed by the Buyer on the https://botisum.fr/ website, hereinafter referred to as the "Site".

Definitions

  • Buyer: The term "Buyer" refers to any individual or legal entity placing an order on the https://botisum.fr/ website.
  • Site: The term Site refers to the https://botisum.fr/ website operated by BOTISUM.
  • Subcontractors (or Service Providers): The term Sub-Contractor (or Service Provider) refers to any natural or legal person who processes data on behalf of the Data Controller. We may use the services of several Service Providers in order to process your data more efficiently.

Conditions

Article 1 - Entirety

These general terms and conditions express the entirety of the obligations of the parties. The Buyer is deemed to accept them without reservation. In the absence of a condition of sale, it shall be deemed to be governed by the practices in force in the distance selling sector whose companies are based in France.

Article 2 - Purpose

The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of products and services offered by the Seller to the Buyer.

Any order placed online implies full acceptance of these terms and conditions of sale.

Article 3 - The order

The Buyer may place an order online, via the Site.

The Buyer must choose the offer that suits him/her and then click on the order button. Any order implies acceptance of the prices and descriptions of the services available for sale, as well as these general terms and conditions of sale.

In certain cases, notably non-payment, incorrect address or other problem with the Buyer's account, the Vendor reserves the right to block the Buyer's order until the problem has been resolved.

For any question relating to the follow-up of an order, the Buyer must contact the Vendor by e-mail at the following address: contact@botisum.fr

Article 4 - Electronic signature

All orders validated by the Buyer on the Site are considered definitive. Payment of the order via one of our Service Providers (see our Confidentiality Policy) shall constitute proof of the Buyer's agreement and shall be deemed :

  • payment of sums due under the purchase order
  • signature and express acceptance of all operations carried out

In the event of fraudulent use of his bank card, the Buyer is invited, as soon as he notices such use, to contact the Vendor by e-mail at the following address: contact@botisum.fr

Article 5 - Proof of transaction

The order form(s) received by e-mail constitute(s) an electronic signature, in the same way as a handwritten signature, between the Seller and the Buyer.

Article 6 - Service information

The products and services governed by these terms and conditions are those which appear on the Seller's website and which are indicated as sold and delivered by the Seller.

The services are described and presented as accurately as possible. However, the Vendor cannot be held responsible for any errors or omissions in this presentation.

The Vendor cannot be held responsible for any problems arising from or in connection with the interpretation of the products and services sold on the Site. The Seller reserves the right to withdraw products and services from sale at any time.

Article 7 - Prices

The seller reserves the right to modify its prices at any time, but undertakes to apply the prices in force at the time of the order.

Prices include French and European VAT applicable on the day of the order, and any change in the applicable VAT rate will automatically be reflected in the price of the services offered.

Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.

If one or more taxes or contributions, in particular environmental taxes, are introduced or modified, either upwards or downwards, this change may be reflected in the sales price.

Article 8 - Method of payment

The Buyer places an order online. Payment is due on the order date. After clicking on the offer of his choice, the Buyer must pay for his order via one of our Service Providers (see our Privacy Policy). The Buyer can therefore order in complete security.

The Buyer guarantees the Vendor that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the order form. The Vendor reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment.

In particular, the Vendor reserves the right to refuse to make a delivery or to honour an order from a Buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

Article 9 - Delivery terms

Once the Stripe service has received confirmation of payment from the Seller's bank, the Buyer will be automatically redirected to the private site.

The Buyer will also receive an email summarizing his order.

Article 10 - Right of withdrawal and returns

In accordance with article 9 of consumer rights, the Buyer has a right of withdrawal of 14 clear days from the validation of his order to notify the Seller by email, without penalty, his withdrawal and obtain reimbursement of sums paid.

Upon receipt of this email, the Vendor undertakes to reimburse the Purchaser by any means within 14 days.

The Vendor also offers to reimburse the Purchaser for products purchased within 30 days upon simple request sent by e-mail to the following address: contact@botisum.fr

Article 11 - Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exoneration from the parties' obligations and shall result in their suspension.

The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence, as well as of their disappearance.

Force majeure is defined as any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, independent of the parties' will, and which cannot be prevented by the parties, despite all reasonable efforts. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

The parties will meet to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the force majeure event lasts longer than three months, the present terms and conditions may be terminated by the injured party.

Article 12 - Partial non-validation

If one or more stipulations of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain their full force and scope.

Article 13 - Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

Article 14 - Title

In the event of any difficulty of interpretation between any of the titles appearing at the head of the clauses and any of the clauses, the titles will be declared non-existent.

Article 15 - Applicable law

The present terms and conditions are subject to French law, and in particular to the French Consumer Code. This applies to both substantive and formal rules. In the event of a dispute or claim, the Buyer should first contact the Vendor for an amicable solution.

Failure to do so may result in the buyer taking legal action against the Seller.