GENERAL TERMS AND CONDITIONS OF SALE AND LEGAL NOTICES
– On the one hand,
The Bohemian Bazar Manufacture Company
A private company with a capital of €10,200 registered with RCS Manosque under the number
500 343 553, whose registered office is located at Z.A des croues, 04170, Saint André les Alpes represented by its manager, Stéphan Moronval,
Hereinafter the ‘Seller’
– On the other hand, the ‘Client’
In view of the foregoing, the Parties have agreed to the following:
The Seller is in the business of retailing perfumery and beauty products.
In particular, the Seller sells Goods to the Customer via the Website
www.madetlen.com (hereinafter the ‘Website’). The list of goods offered for sale online by the Seller can be consulted on the Website available at www.madetlen.com. The Parties agree that their relations will be governed exclusively by this agreement, with the exclusion of all conditions previously set out on the Seller’s website. The Seller reserves the right to modify at any time the present terms and conditions of sale by publishing a new version on the Website. The terms and conditions of sale are those in force on the date of validation of the order. The Parties agree that the photos of the Goods for sale on the www.madetlen.com website have no contractual value.
Article 1 – Definitions
The terms and expressions referred to below will, when preceded by a capital letter, mean for the purposes of the interpretation and performance hereof:
– ‘Item’ means the Goods which are the subject of the Order;
– ‘Good’: any product offered for sale on the Website;
– ‘Order’ means a request for Goods or Services made by the Customer to the Seller;
– ‘General Terms and Conditions of Sale’ means the terms and conditions of sale which are the subject hereof;
– ‘Agreement’ means the present act, including its preamble and annexes and any amendments,
substitution, extension or renewal hereunder by virtue of the agreement of the
– ‘Delivery Time’ means the period between the date of Order Validation and the date of Delivery of the
Order to the Customer;
– ‘Delivery Costs’ means the costs incurred by the Seller to deliver the Order to the Delivery address specified by the Customer;
– ‘Delivery’: shipment of the Item to the Customer;
– ‘Delivery Method’: means any standard or express delivery method available on the Website at the
time of the Order;
– ‘Price’: the unit value of a Good or Service; this value includes all taxes and excludes
– ‘Total Price’ means the total amount of accumulated costs of Goods and Services which are the subject of the Order;
this amount includes all taxes;
– ‘All-Inclusive Price’ means the Total Price plus the price of the Delivery Costs; this amount includes all taxes;
– ‘Website’: the website ‘www.madetlen.com’ used by the Seller to market its Goods/Services to the Customer;
– ‘Territory’ has the meaning given to that term in Article 3;
– ‘Order Validation’ has the meaning given to it in Article 5;
- ‘Online Sale’: marketing of the Seller’s Goods and Services via the Website;
References to Articles are references to the articles of this Agreement, unless otherwise stated. Any reference to the singular includes the plural and vice versa. .
Article 2 – Aim
The purpose of this Agreement is to define the rights and obligations of the Parties in the context of the Online Sale of Goods and Services offered for sale by the Seller to the Customer.
Article 3 – Scope
These General Terms and Conditions of Sale are reserved for consumers only, as defined by law and jurisprudence, acting exclusively on their own behalf, for strictly personal purposes and not directly related to a professional activity, i.e. not within the scope of a commercial, industrial, craft or liberal activity.
In accordance with Articles L. 111-1 and L. 111-3 of the French Consumer Code, the essential characteristics
and prices of Goods and Services sold electronically are available on the Website.
In addition, the Customer receives the information provided for in articles L. 121-8 and L. 121-19 of the French Consumer
Code, before and after the completion of the sale and in particular by means of the present General Terms and Conditions of Sale.
These General Terms and Conditions of Sale are applicable to all sales of Goods by the Seller through the Website to the Customer.
The Customer declares that they have read and understood these General Terms and Conditions of Sale before the Order Validation, as defined in Article 5. Order Validation thus implies unconditional acceptance of these General Terms and Conditions of Sale.
These General Terms and Conditions of Sale are applicable to Orders made for delivery in France and internationally.
Article 4 – Entry into Force and Duration
This Agreement will come into force on the date of Order Validation as defined in Article 5.
The Agreement is concluded for the duration necessary for the supply of the Goods and Services, until the guarantees and obligations of the Seller are terminated.
Article 5 – Ordering Goods and Services and Conclusion of Online Sales
In order to complete the Order, the Customer must complete the following steps:
1. Visit the Website;
2. Follow the instructions on the Website and, in particular, any instructions that may be necessary for
opening a customer account;
3. Fill in the order form. In the event of prolonged inactivity whilst the Customer is logged in, it is
possible that any Goods chosen by the Customer before this inactivity are no longer be available.
The Customer is then asked to start their selection of Goods and Services from the beginning;
4. Check the items of the Order and, if necessary, identify and correct errors;
5. Validate the Order, the Total Price and the All-Inclusive Price (the ‘Order
6. Follow the instructions on the online payment server to pay the All-Inclusive Price.
The Customer then receives:
– by electronic means and without delay a confirmation of payment acceptance of the Order;
- by electronic means and without delay an acknowledgement of receipt as confirmation of the Order (the
- by electronic means the confirmation of the shipment of the Order.
When carrying out the various stages of the Order mentioned above, the Customer undertakes to comply with these contractual conditions in application of Article 1316-1 of the French Civil Code.
The Seller undertakes to fulfil the Order only if the Goods are available. If the Goods are not available, the Seller undertakes to inform the Customer. However, in accordance with article L. 122-1 of the French Consumer Code, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, when there is a dispute with the Customer concerning the payment of a previous order, or in the event of unavailability of the product MAD et LEN also reserves the right to refuse the order.
Article 6 – Prices of Goods and Services and Conditions of Validity
The Price of the Goods sold on the Website is indicated respectively by article and reference. At the time of Order Validation, the price to be paid is the All-Inclusive Price. The Customer is exclusively responsible for paying the telecommunication costs when accessing the Website.
The validity period of the offers and prices is determined by updating the Website.
Article 7 – Payment Terms
The payment of the All-Inclusive Price by the Customer is made by payment card only. Payment cards belonging to the Carte Bleue, Visa, Eurocard/Mastercard networks are accepted.
The amount is immediately debited from the Client’s payment card after checking the card details, and upon receipt of the debit authorization from the company issuing the payment card used by the Customer.
In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing their payment card details, the Customer authorises the Seller to debit their payment card for the amount corresponding to the All-Inclusive Price.
To this end, the Customer confirms that they are the holder of the payment card to be debited and that the name on the payment card is indeed their own. The Customer will provide the sixteen digits and the expiry date of their payment card as well as, if applicable, the 3-digit security code.
If the debit of the All-Inclusive Price is not possible, the Online Sale will be immediately terminated as of right and the Order will be cancelled.
The Seller will use all means to ensure the confidentiality and security of the data
transmitted on the www.madetlen.com Website, whose payments are fully secured.
Article 8 – Order Delivery
8.1. Delivery Method
The Customer chooses one of the Delivery Methods offered on the Website when making the
8.2. Delivery Address
The Customer chooses a delivery address. Delivery will take place at the delivery address indicated by the Customer at the time of the Order.
The Customer is solely responsible for any failure to deliver due to a lack of information at the time of the Order.
8.3. Amount of the Delivery Costs
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Costs will be indicated to the Customer before the Order Validation.
8.4. Delivery Times
MAD et LEN is not responsible for delays in customs processing of orders and no refunds will be made for delays caused by customs.
Delivery Times are available on the Website and may vary depending on the availability of the Goods ordered.
Delivery Times are given in working days and correspond to the average time required to prepare and deliver the Order in the Territory.
The Delivery Times run from the date of the Order Confirmation by the Seller.
8.5. Delivery Delay
In the event of a Delivery delay, the Order is not cancelled.
The Seller will inform the Customer by e-mail that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send an e-mail to the following address:
email@example.com to the Seller with a notice of cancellation of the Order.
If the Order has not yet been dispatched when the Seller receives the Customer’s cancellation notice, the Delivery will be blocked and the Customer will be reimbursed for any sums debited within fifteen days of receiving the cancellation notice. If the Order has already been dispatched when the Seller receives the Customer’s cancellation notice, the Customer may still cancel the Order by refusing to accept the parcel. The Seller will then proceed to reimburse the sums debited and the return costs paid by the Customer within fifteen days following receipt of the return of the refused parcel, complete and in its original state.
8.6. Delivery Tracking
The Customer may track the status of the Order in the area reserved for this purpose on the Website.
8.7. Checking the Order on arrival
The Customer will check the condition of the packaging and the Items on Delivery.
It is the Customer’s responsibility to express any reservations and complaints deemed necessary, or to refuse the parcel if it is clearly damaged upon Delivery. Such reservations and complaints must be addressed to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Seller. Absence of a complaint within the above-mentioned period will extinguish any action against the carrier in accordance with Article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered to them correspond to the Order. In case of non-conformity of the Goods in kind or in quality with the specifications mentioned in the delivery slip, the Customer must inform Customer Service by e-mail and send the Goods to the address indicated in the conditions of Article 8.
Article 9 – Right of Withdrawal
In accordance with the provisions of article L.121-21-8 of the French Consumer Code, the opening of beauty products (cosmetics and make-up) renders these products unfit for resale, the Customer has no right of withdrawal and any cosmetic product that has been opened, damaged or whose original packaging has been unsealed will not be reimbursed, taken back or exchanged, for reasons of hygiene and health protection.
Subject to the exceptions defined in article L.121-21-8 of the French Consumer Code, and in particular the exception mentioned in the previous paragraph, the Customer has, in accordance with article L.121-21 of the French Consumer Code, a period of fourteen days from the date of receipt of the Product to exercise their right of withdrawal. Where the fourteen-day period expires on a Saturday, Sunday or public holiday, it will be extended to the next working day.
The Customer may inform the Seller of the exercise of their right of withdrawal at: firstname.lastname@example.org
The Customer who wishes to exercise their right of withdrawal must return the Items within the above-mentioned period, in their original packaging, complete and as new, within 14 days of having informed the Seller of their decision to withdraw.
Article 10 – Complaints
The Customer should address any complaints, mentioning the Order reference and date, to the Customer Service department by:
– by post to the following address: Z A des croues, 04170 Saint André des Alpes
– or electronically at the following address: email@example.com
Only complaints relating to the Online Sale of Items will be taken into account.
Article 11 – Warranty
The Seller is subject to the legal conditions of warranty set out in articles L. 211-4, L. 211-5 and L. 211-6
L. 211-12 of the French Consumer Code and articles 1641 and 1648 of the French Civil Code:
– Article L. 211-4 of the French Consumer Code: ‘The Seller will deliver goods that comply with the contract and is liable for any compliance defects in existence at the time of delivery. It is also liable for any non-conformities resulting from the packaging, assembly instructions or installation where it is responsible for these under the contract or they have been performed under its responsibility’.
– Article L. 211-5 of the French Consumer Code: ‘In order to comply with the contract, the goods must:
1) Be fit for the purpose usually expected of such goods and, where applicable:
– correspond to the description provided by the seller and possess the qualities that it has presented to the buyer in the form of a sample or model;
– possess the qualities that a buyer may legitimately expect vis-à-vis the public statements
made by the seller, producer or its representative,
notably in advertising or on the labelling;
2) Or exhibit the characteristics jointly defined by the parties or be fit for any special purposes sought by the buyer and made known to the seller and which the latter has accepted’.
– Article L. 211-12 of the French Consumer Code: ‘Action resulting from the lack of conformity is limited to two years from delivery of the goods’.
– Article 1641 of the French Civil Code: ’The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if they had known of the defects.
– Article 1648 of the French Civil Code: “Action resulting from hidden defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the buyer must bring the action, under pain of being barred, within the year which follows the date on which the seller can be discharged from apparent flaws or non-compliance.
Article 12 – Intellectual Property Rights
The Seller’s trademark, ‘MAD et LEN’, as well as all the pictorial or non-pictorial trademarks and more
generally all other trademarks, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the Seller.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without express prior consent of the Seller, is strictly forbidden. The same applies to any combination or association with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs, models and patents which are the property of the Seller.
Article 13 – Data Privacy
The information requested from the Customer is required to process the Order.
In the event that the Customer agrees to communicate individual personal data, they have an individual right of access, withdrawal and rectification of this data under the conditions provided for by Law No. 78-17 of 6 January 1978 relating to data protection. The Customer should send any written request to the following address: firstname.lastname@example.org
When creating a customer account on the Website, the Customer will be able to choose whether they wish to receive offers from the Seller and its partners.
Article 14 – Force Majeure
The Seller’s performance of its obligations under this Agreement will be suspended in the event of unforeseen circumstances or force majeure which hinders or delays the performance thereof.
The Seller will notify the Customer of unforeseeable circumstances or force majeure events within 15 days from the date of occurrence of the event. When the suspension of the performance of the Seller’s obligations continues for a period of more than 30 days, the Customer will have the possibility of terminating the current Order and the Seller will then refund
the Order under the conditions set out in Article 7.
Article 15 – Invalidity of an Agreement Clause
If any of the provisions of this Agreement are invalidated, this will not invalidate the other provisions of the Agreement which will remain in force between the Parties.
Article 16 – Amendment of the Agreement
Any amendment, termination or relinquishment of any of the provisions of this Agreement will be valid only upon written and signed agreement between the Parties.
Article 17 – Independence of the Parties
Neither party may enter into any commitment in the name of and/or on behalf of the other party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.
Article 18 – Non-Waiver
The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein will not be interpreted for the future as a waiver of the obligation in question.
Article 19 – Notices
All notices to be given under this Agreement will be deemed to have been effective if they are given by registered letter with acknowledgement of receipt to the following addresses:
– To the Seller: “Bohemian Bazar Manufacture”, Z A des croues, 04170 Saint André des Alpes.
– To the Client: Address specified by the Customer
Article 20 – Applicable law – Disputes
This Agreement will be governed by French law. Any dispute arising from the formation, interpretation or execution of this Agreement will be subject to the exclusive jurisdiction of the courts of Paris, France, notwithstanding multiple defendants or third party claims.
Article 21 – Accessibility of the General Terms and Conditions of Sale
The latest version of the Seller’s General Terms and Conditions of Sale is always accessible to the Customer online.