Article 1: Completeness
These terms represent all obligations of the parties. The buyer is deemed to
accept without reservation all the provisions contained in these terms and
conditions. No general or specific in documents sent or given by the buyer may
be incorporated herein, since these documents are inconsistent with these terms
and conditions.
Article 2: Description
These terms are intended to define the rights and obligations of the parties
under the online sale of goods and services offered by the company Bombyx to
the buyer.
Article 3: Contractual Documents
This contract contains the following contractual documents, presented in
descending order: these terms, the purchase order. In case of conflict between
the provisions contained in the documents of different ranks, the provisions of
the document of a higher precedence.
Article 4: Validity
These conditions come into force on the date of signature of the order form.
These conditions are concluded for the duration necessary for the provision of
goods and services purchased, until the expiry of the guarantees owed by the
company Bombyx.
Article 5: Electronic Signature
The validation by the buyer of the purchase order constitutes an electronic
signature which has, between the parties, the same value as a handwritten
signature.
Article 6 : Confirm shipping
The information will be e -mailed to the buyer, giving the shipping and
tracking number of the package date when the shipment will be made, or failing
that, to the address specified by the customer on the order form.
Article 7: Price
Prices are indicated in Euros including VAT and are valid as of the date of
mailing of the order by the buyer. They do not include delivery charges,
charged extra, and indicated before the validation of the order. Payment of the
full price must be made when ordering. Payments cannot be considered deposits.
Article 8: Payment
To validate the order, the buyer uses Stripe. The buyer provides Bombyx it has
the required permission to use the method of payment chosen by him during the
validation of the order. Bombyx reserves the right to suspend any order and any
delivery in case of refusal to authorize payment by credit card the officially
accredited or in the event of nonpayment. Bombyx reserves the right to refuse
to deliver or to honor an order from a Bombyx who has not fully paid or a
previous order or with whom a payment dispute is currently existing.
Article 9: Availability of products
The order will be executed no later than within 2 days from the day after
the buyer placed his order. In case of unavailability of the ordered product,
the buyer will be informed at the earliest and will be able to cancel the
order. The buyer will then have the option of requesting either a refund of
amounts paid within 30 days before their payment, or exchange the product.
Article 10: Delivery
Products are shipped to the shipping address provided by the customer on the
order form. The shipping address must match the geographic area chosen by the
buyer at the time of order. In case of error the order will be canceled. The
buyer is responsible for checking the condition of the packaging of the goods
upon delivery and report any damage to the carrier on the delivery , and Bombyx
within a week. The buyer may, upon request, obtain sending an invoice to the
billing address and not the delivery address by validating provided for this
purpose on the order option. Regarding shipping in France, we work primarily
with Colissimo. When we do a mailing, you will immediately receive an email
informing you.
The shipping costs depend on the area of deliver
MAIL (France only)
All small and medium size products are shipped by Colissimo service of the Post or Letter Max with tracking number. The Colissimo service delivers in 48 hours across France . If you are absent the day of delivery, the postman will leave a notice in your mailbox, which will allow you to collect your parcel within 15 days at the post office serving the delivery address.
Article 11: Delivery problems due to carrier Any anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged package, broken product … ) must be indicated on the delivery form of “handwritten reserves” , accompanied by the signature of the customer. The buyer must confirm this problem by sending the carrier within two ( 2 ) business days following the date of delivery with acknowledgment of receipt stating such claims . The buyer must send a copy of this letter by mail to boutique@studiobombyx.com or by mail to our postal address as indicated on the Bombyx website.
Article 12: Delivery errors
12 -a: The buyer must report to Bombyx on same day delivery or later than the
first business day after delivery, any claim of error of delivery and / or
non-conformity of goods in kind or quality compared to the information on the
order form. Any claim made after this delay will be rejected.
12-b : The formulation of this claim with Bombyx may be made by mail to boutique@studiobombyx.com specifying the reference of the order.
12 -c: Any claim not made in the rules defined above and within the time limits could not be taken into account and release the company from all liability Bombyx to the buyer.
Article 13: Product Warranty
Pursuant to French Law Article 4 of Decree No. 78-464 of 24 March 1978, the
provisions hereof may not deprive the buyer of the legal guarantee which
obliges the seller to guarantee against all consequences of latent defects of
the thing sold.
In case of failure of elements on a product ordered from Bombyx, contact your boutique@studiobombyx.com to be aware of how to take care of your product.
Article 14: Cancellation Right
The buyer has a period of 10 days to return, at his expense , the products do
not suit him . This period starts from the date of delivery of the customer’s
order. If this period expires on a Saturday, Sunday or a holiday or holiday, it
is extended until the next business day. All returns must be reported to
Bombyx’ Customer Service: boutique@studiobombyx.com prior
to the actual return. This cancellation right does not bear penalties or costs,
except for return shipping costs. When exercising the right of withdrawal, the
buyer has the option of requesting either a refund of monies paid, or exchange
the product. In the case of an exchange, the re- shipment will be at the
expense of buyers.
Upon exercise of the right of withdrawal, Bombyx will make every effort to reimburse buyers within 15 days.
Article 15: Force Majeure
Neither party has breached its contractual obligations, insofar as their
execution is delayed hindered or prevented by a fortuitous event or force
majeure. Be considered fortuitous event or force majeure any compelling facts
or circumstances , outside parties , unpredictable , unpreventable, independent
of the will of the parties and cannot be prevented by them, despite all
reasonable efforts. The party affected by such circumstances shall notify the
other within ten working days of the date on which it becomes aware. Both
parties will then, within a month, unless unable due to force majeure, to
examine the impact of the event and agree the conditions under which the contract
will be continued. If the force majeure lasts longer than three months, these
terms may be terminated by the aggrieved party. Explicitly, are considered as
cases of force majeure or unforeseeable circumstances beyond those usually
retained by the jurisprudence of courts and tribunals French: blockage of means
of transportation or supplies, earthquakes , fires, storms , floods, lightning
cessation of telecommunications networks or specific to telecommunication
networks to external customers problems.
Article 16: Partial invalidity
If one or more provisions of these terms are held to be invalid or declared as
such under any law, regulation or following a final decision of a competent
court, other provisions shall remain in full force and scope.
Article 17: No Waiver
The fact that one party not to claim a breach by the other party of any of the
obligations contained in these Terms shall be construed in the future as a
waiver of the requirement in question .
Article 18: Applicable law
These terms and conditions are subject to French law. This is for the
substantive rules as to the rules of form. In case of dispute or claim, the
buyer should first contact Bombyx for an amicable solution.
Article 19: Personal Data Protection
The information requested from the buyer is required to process the order and
may be provided to contractors of Bombyx involved in the framework of the
execution of this order. The buyer can write to Bombyx whose details are shown
in the website , to oppose such disclosure or to exercise their rights of
access, rectification with respect to information concerning and contained in
the files Bombyx, as provided by the French law of January 6, 1978.