Terms and conditions of sale
Preamble.
The online store www.Bobbidisell.com is managed by the company SOUVIGNET Maxime (Individual company) trading name: BOBBIDI SELL whose head office is located at: 11 rue droite 77120 Coulommiers, registered in the SIREN register under number 891 966 756.
Intra-community VAT: FR 80891966756
It is previously specified that these conditions govern the sales of its products by BOBBIDI SELL to any natural or legal person making a purchase via the website www.Bobbidisell.com, hereinafter referred to as “the CUSTOMER”.
These General Conditions of Sale, as well as the order form and the order confirmation constitute the sales contract between BOBBIDI SELL and the CUSTOMER relating to the sale of the products ordered.
Any order placed on the www.Bobbidisell.com store requires that the CUSTOMER accepts in advance and without reservation the General Conditions of Sale in their entirety including the following: Terms and conditions, privacy policy, return conditions and letter followed by post.
In the event of disagreement with the terms and conditions of the General Conditions of Sale, the CUSTOMER must not purchase items from the www.Bobbidisell.com store.
BOBBIDI SELL reserves the right to adapt or modify its General Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all orders subsequent to the adaptations or modifications.
In the event of modification, the General Conditions of Sale applicable to the CUSTOMER's order are those that were online, and that the CUSTOMER accepted on the day the order was placed.
In accordance with current legislation, our general conditions of sale (GCS) are the sole and unique basis for commercial negotiation with our buyers. In the absence of a written agreement, any order received implies unconditional acceptance of our general terms and conditions of sale, notwithstanding any contrary stipulations that may appear on the buyer's purchase orders.
Article 1 – Definitions
The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the meaning indicated below (whether they are used in the singular or plural).
· General Terms and Conditions of Sale: designate this document, i.e. the terms and conditions applicable in the relations between BOBBIDI SELL and the CUSTOMER.
· Order: refers to the CUSTOMER's purchase order for one or more Product(s) or Service(s) placed on the www.Bobbidisell.com store
· Product: refers to a product or Service offered for sale on the www.Bobbidisell.com store
· CUSTOMER: refers to a natural or legal person, consumer, who acquires one or more Product(s), for their personal needs, having previously adhered to the General Terms and Conditions of Sale.
Article 2. Purpose
These General Terms and Conditions of Sale aim to define the contractual relations between BOBBIDI SELL and the CUSTOMER and the conditions applicable to any purchase made through the www.Bobbidisell.com store
By accepting these General Terms and Conditions of Sale, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to purchase on this online sales site.
The use of our products for any illegal or unauthorized purpose is prohibited.
The company BOBBIDI SELL reserves the right to modify these General Conditions of Sale at any time, in order to comply with any new regulations or in order to improve them. As a result, the applicable conditions will be those in force on the date of the order by the CUSTOMER.
Article 3. Prices
The prices appearing on the product sheets of the online catalog are prices in Euros (€) including all taxes (TTC) taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products.
For CUSTOMERS outside the European Union and DOM-TOM, orders are not subject to VAT and are therefore displayed excluding tax. However, they may be subject to local taxes and customs duties in force in the country of receipt. These rights and sums are not the responsibility of BOBBIDI SELL and therefore cannot be attributed to it. Please make sure to contact the competent authorities in your country for more information on your tax situation.
The company BOBBIDI SELL reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the CUSTOMER.
The products remain the property of BOBBIDI SELL until full payment of the price by BOBBIDI SELL.
For CUSTOMERS outside Metropolitan France, BOBBIDI SELL ist obliged, in accordance with the law in force, to charge the VAT in force on orders shipped to most countries of the European Union.
Processing and shipping costs are charged in addition to the price of the Products purchased according to the total amount of the order.
Article 4. Order
4.1 Orders are made exclusively on the store www.Bobbidisell.com.
4.2 To order Products on the Website www.Bobbidisell.com the CUSTOMER must create an account by providing the exact information required on the registration form.
4.3 When you validate your order, you declare that you accept this order, its process as well as all of these General Conditions of Sale fully and without reservation.
4.4 BOBBIDI SELL reserves the right to cancel any order for any reason.
4.5 No refunds will be made on products pre-ordered outside the legal withdrawal period of 14 days after the order, unless a cancellation is requested during this period.
4.6 In the event of a return request, the shipping costs will be borne by the customer except in the event of a proven defect.
4.7 For sales to foreign countries (outside the EU), the transfer of risks and costs will be carried out according to the Incoterm DAP (Delivered At Place) provided for in the contract, the latest version in force at the time the offer is established.
Article 5. Pre-Order
5.1 All pre-orders are firm and final. No refunds will be made on products pre-ordered outside the legal withdrawal period of 14 days after the order.
5.2 If the customer's order contains items in stock as well as PRE-ORDER products, the entire order may be sent and shipped to the customer at once when all the products have arrived in stock.
5.3 If the customer wants to guarantee receipt of the products in stock before their pre-order products, we advise them to place the orders separately.
5.4 The estimated delivery date indicated on the detailed product sheet is given for information purposes by the manufacturer and cannot be guaranteed by BOBBIDI SELL.
The site reserves the right to postpone the estimated delivery date once for an additional period of 6 months maximum from the date initially planned by the Manufacturer and this without any possibility of cancellation of the pre-order by the customer.
5.5 The site will notify the customer as soon as possible, by email or specific note on their order, of any change in the expected delivery date of the order.
If after this first postponement of 6 months maximum in the delivery date initially planned by the manufacturer, the product is still not in stock, the customer can then ask the site to cancel his PRE-ORDER and refund the undelivered items. To do this, he can use the means of contact made available on the site.
5.6 The refund after agreement and validation by the site will take place within 30 days maximum following the agreement email sent by the site, via the means made available by www.Bobbidisell.com.
5.7 Any pre-order on the www.Bobbidisell.com store constitutes acceptance of its general conditions of sale and this specific annex without exception.
Article 6. Payment
The price of the Products and the costs of logistical preparation and delivery are payable in full by the CUSTOMER at the time of placing the Order.
The means of payment made available to the CUSTOMER are those available on the www.Bobbidisell.com site.
Either by credit card (Stripe):
After choosing the credit card payment method, the Customer is redirected to the secure interface of the payment system in order to securely enter their personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed. Payment by credit card is irrevocable.
Payments by credit card are made using secure transactions provided by Stripe.
With respect to credit card payments, the publisher of this site does not have access to any data relating to the user's means of payment. Payment is made directly to the banking institution.
Or by bank transfer using Ideal by Stripe:
After choosing the bank transfer payment method, the Customer is redirected to the secure interface of the payment system (Ideal by Stripe) in order to securely enter their personal credit card details. If the payment is accepted, the order is registered and the contract is definitively formed.
Either by PayPal in 1 installment:
After choosing the PayPal payment method, the Customer is redirected to the PayPal website to make the payment.
Or PayPal in several installments:
(see PayPal condition: Payment in 4 installments : practical solution | PayPal FR)
BOBBIDI SELL reserves the right to refuse payment in installments to any customer who has already paid one or more orders in installments with an outstanding amount exceeding €300.
In all cases of non-payment, the remaining installments are cancelled and the amount requested for recovery is equal to the entire amount remaining due by the Customer plus the costs incurred for the recovery of the debt(s).
Article 7. "SATISFIED OR REFUNDED" GUARANTEE Right of withdrawal
7.1 You have, within 14 (fourteen) clear days from the delivery of your order, a right of return, exchange or refund without penalties except for return costs, of products that do not suit you. (Contact us)
7.2 Only the price of the product(s) purchased will be refunded to you, if a cancellation is requested during the 14-day period
7.3 Returns must be made to: BOBBIDI SELL - 11 rue droite – 77120 Coulommiers.
7.4 Items returned incomplete, opened, damaged, damaged or soiled by the customer or the post office will not be accepted. The colors of the images of the items on the www.Bobbidisell.com store may vary from one screen to another depending on the display setting used by the Internet user. These variations do not constitute a hidden defect or a fault in the item delivered and therefore cannot give rise to a refund or exchange under product warranty. Many items offered on this site are hand painted. The few irregularities are the guarantee of an authentic product. These irregularities and imperfections do not constitute a hidden defect or a fault in the delivered item and therefore cannot give rise to a refund or exchange under the product warranty.
7.5 The refund will be made via the payment method used.
The refund (excluding shipping costs) will take place as soon as possible and at the latest within thirty days following the date of withdrawal and in accordance with Article L.121-20-1 of the Consumer Code.
NB: Items returned incomplete, damaged or damaged (product, or its packaging and original brand labels) cannot be taken back or exchanged.
Reminder: To exercise your right of withdrawal, you must return the complete order (or the desired item) in its original packaging still sealed with the instructions, inside a sturdy cardboard box suitable for shipping.
To avoid any problems, we advise you to send your package with a traceability system (Colissimo type). Please note, no trace of use must appear on the product you are returning.
*DIRECTIVE 2011/83/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council.
For information: Article L. 121-20 states: "The consumer has a period of 14 clear days to exercise his right of withdrawal without having to provide reasons or pay penalties, with the exception, where applicable, of return costs."
Article 8. Delivery
8.1 All of our shipments are made with tracking which will be communicated by email when sending the order.
8.2 The products are delivered to the delivery address that you indicated during the order process. In the case of items deliverable on different dates given their availability, the delivery time is based on the longest time.
8.3 However, BOBBIDI SELL reserves the right to split deliveries. Participation in processing and shipping costs (if any) will only be invoiced for a single shipment. BOBBIDI SELL cannot be held responsible for the consequences due to a delay in delivery. In the event of an unusual delay, an email will be sent to you.
8.4 Delivery costs are calculated when confirming the order. During this confirmation, if these do not suit you, you can refuse to validate the order.
8.5 When placing the order, you may be asked to choose the delivery method. The choice of delivery method implies acceptance of the constraints and characteristics of this method.
8.6 When the product is in Stock: Your order will be shipped within 7 days after receipt of your payment.
8.7 When the product is in "Pre-Order": Your order will be shipped upon receipt of the pre-ordered product(s). The deadline is indicated on each product sheet. Suppliers reserve the right to modify this deadline with a deadline ranging from 1 to 6 months.
8.8 Delivery times are given for information purposes only and do not entail any obligation on the part of BOBBIDI SELL. Delivery times are given for information purposes only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer reimbursed in full.
8.9 For sales to foreign countries (outside the EU), the transfer of risks and costs will be carried out according to the Incoterm DAP (Delivered At Place) provided for in the contract, the latest version in force at the time the offer is established.
8.10 The carriers used are as follows:
- La Poste
- Colissimo
- Mondial Relais
- Chronopost (Shop2Shop)
- Happy post
NB: Regardless of the place or country of destination, the confirmation of delivery from the Post Office or the carrier excludes any disputes with www.Bobbidisell.com concerning the delivery. The customer may, however, file a complaint with the carrier.
8.11 Tracked letter LA POSTE
Only small shipments are possible by this delivery method (e.g. Pins, Books, Patches, etc.).
In the event that a customer has made a mistake when selecting the delivery method and has chosen the delivery method "La Poste Tracked Letter" when it is not suitable for the selected items in the basket, BOBBIDI SELL will send an additional payment request including the difference between the price of sending by tracked letter and the equivalent package offer in terms of weight.
Without payment of the additional request, the order will not be sent. The additional payment request must be honored within 3 working days in order to allow the order to be sent to the customer, otherwise the order will be canceled and the customer refunded.
9. Legal Guarantee
The supplier remains liable for defects in conformity of the goods to the contract under the conditions provided for in Articles L.211-1 of the following Consumer Code and for latent defects under the conditions provided for in Articles 1641 to 1649 of the Civil Code.
9.1. Contractual guarantee
The conditions of the contractual guarantee applicable to the Products, in addition where applicable to the legal guarantee, are those granted by the manufacturer(s), supplier(s) of BOBBIDI SELL, as they appear in the documentation relating to the Product given to the Customer upon delivery.
9a: Guarantee of products purchased on this site
At the time of delivery (Apparent defects).
According to Article 1642 of the Civil Code, "The seller is not liable for apparent defects of which the buyer was able to convince himself.".
Your product arrives damaged or is it not compliant? Refuse to sign the delivery note, unless you state your reservations, and refuse the goods. Indeed, "as soon as the consumer takes possession of the goods, the risks (...) are transferred to him", warns the DGCCRF. "Consequently, it is important not to sign the delivery note before having checked the contents of the packages and the condition of the goods." You must note the defects in the order upon receipt by opening the package in front of the carrier. In the event of an incident, simply refuse delivery by specifying a precise and concise comment. For example: "Package refused because item broken during transport", "package re-taped", "package opened", "package wet", "package with hole", "package damaged", "box crushed", "box with a dent". If in doubt, note "refusal due to breakage".
IMPORTANT TO READ CAREFULLY: Your order arrives damaged, broken, with defect(s), missing items...
In the event of an anomaly, the Commission for Unfair Clauses recommends writing all possible reservations on the delivery note, in the presence of the carrier, or even refusing the package if you consider it non-compliant. Subsequently, you have 3 days to inform our CUSTOMER SERVICE of the damage suffered and inform the carrier (article L. 133-3 of the French Commercial Code) in the event of damage suffered by the package and your items);
REMINDER: immediately contact our Customer Service by email: Contact@bobbidisell.com or via the form on the site: Contact .
NB: ALWAYS RESPECT THE MAXIMUM TIME LIMIT OF 3 DAYS TO INFORM US, NO COMPLAINTS WILL BE ACCEPTED BEYOND THIS TIME LIMIT.
For your information, any paint imperfections due to the "hand-painted" nature of the items are not covered by the warranty.
In both cases:
1 Take photos of the damaged packaging (clearly showing the shipping label with your contact details) and the contents clearly showing the damage observed and send them to our Customer Service.
2 Respect the 3-day period following receipt of the package. Respecting these deadlines allows us to turn against the carrier and could favor your action under the legal guarantee of conformity.
PLEASE NOTE: the mention "subject to unpacking" has no value. You should also avoid mentions such as "Damaged package in intact packaging" often offered by drivers who use it to avoid a refund.
(When the consumer personally takes delivery of the transported objects and when the carrier does not provide proof of having given him the opportunity to actually check their good condition, the period mentioned in Article L. 133-3 of the French Commercial Code is extended to 10 days).
In the event of a defect in a product purchased on this site, customers have, in accordance with the provisions of the Civil Code regarding the legal guarantee of hidden defects, a short period of 3 days to request the exchange or refund of the product (after expert appraisal by our Quality Department - verification of the defect and, to avoid abuse, the identification codes of the item) and according to the conditions indicated below in paragraph 9b, in application of Article L211-5 of the French Consumer Code, in the event that the delivered good is not compliant, within the meaning given to this word by the aforementioned article.
In order to exercise one of these rights, it is their responsibility to return the package, according to the following procedure:
1 Contact our Customer Service by email or contact form and provide information on the nature of the defect found.
They will give you the instructions to follow and, depending on the case, will send you a reshipping label for the return of the item.
2 Upon receipt of the postal label, stick it on the package that will contain the defective item in its original packaging, the address of our company will already be indicated on the label (BOBBIDI SELL - 11 rue droite - 77120 Coulommiers - FRANCE), accompanied by a letter explaining the defect as well as a copy of the invoice or delivery note.
3 Drop off the package at the nearest Post Office and keep the right part that the Post Office will have stamped/dated.
However, if the warranty is not applicable (e.g. abnormal conditions of use of the product) the costs of returning the product are also the responsibility of the customer.
Any defects (tears, folds, etc.) present on and in the original manufacturer's box or case containing the item, do not constitute a hidden defect or a defect in the delivered item and therefore cannot give rise to a refund or exchange under product warranty.
NB: ALWAYS RESPECT THE MAXIMUM TIME LIMIT OF 3 DAYS TO INFORM US, NO COMPLAINTS WILL BE ACCEPTED BEYOND THIS TIME LIMIT.
Good conformity
The objects acquired on this site benefit, in addition to the guarantee of hidden defects defined by the civil code as well as the guarantee of good conformity* imposed by article L211-1 to L212-14 of the consumer code which are, where applicable, always applicable to them and which is defined above, from a conventional guarantee offered by the seller, the duration of which may vary depending on the product, and will be detailed on the sheet of each item.
*The legal guarantee of conformity applies provided that the product has a lack of conformity. The lack of conformity which appears within 6 months following the sale is presumed to exist upon delivery of the good and therefore to be the responsibility of the seller.
The lack of conformity which appears beyond 6 months after the purchase and before 2 years is not presumed to exist upon delivery of the good, this must be proven by the buyer for the seller to be responsible for it (by way of expertise, for example).
The majority of figurines for sale on this site are hand-painted items and/or made with techniques that enhance the slightly "raw" and woody side. These production techniques reveal "imperfections" on all the ranges for sale.
It is possible that certain series of the same item have more or less this type of imperfection and each item may have differences with the others in the painting, black spots (eg typical of the Traditions collection), in the details of the molding (eg small holes), finishes, etc.
These 'imperfections' are not considered as defects under warranty imposed by article L211-1 to L212-14 of the consumer code.
9b: Important
Depending on the case, we may be required to refund the product instead of replacing it*
*Court of Justice of the European Union: The costs cannot be disproportionate.
Article L211-9 of the Consumer Code: When only one method of resolution (repair or exchange) is possible and this method results in disproportionate costs, the seller may limit its intervention in these costs. These costs must be proportional to the value of the good to be replaced. However, this limitation cannot constitute a major inconvenience for the consumer that would lead him to waive his right to the guarantee. If the seller limits its participation in the case of costs deemed disproportionate, the consumer must have the choice between covering part of these costs and canceling his contract (or a reduction in the purchase price).
If you have used a voucher obtained with the conversion of points, it will be reassigned to you upon reimbursement. If you have used another voucher (for example obtained during a one-off promotion) it will be lost if its validity has expired.
If a returned item is not/no longer available at the time of its receipt in our warehouses and the defect is noted by our quality managers, only the refund of its net value will be possible.
We cannot guarantee the same purchase price that you benefited from during your first order if you decide to buy back the returned and refunded item.
NB: The colors of the images of the items on this site may vary from one screen to another depending on the display setting used by the Internet user. These variations do not constitute a hidden defect or a fault in the item delivered and therefore cannot give rise to a refund or exchange under product warranty.
Many items offered on this site are hand painted. The few irregularities are the guarantee of an authentic product.
These irregularities and imperfections do not constitute a hidden defect or a fault in the item delivered and therefore cannot give rise to a refund or exchange under product warranty.
The refund period provided for by the consumer law (Hamon law) is 14 days. BOBBIDI SELL strives to process returns within 2 to 5 working days from receipt of the package.
9.2. Warranty Exclusion
The following are excluded from any warranty: (I) defects and deterioration caused by natural wear and tear and/or (II) defects or faults caused by a third party or any external incident; (III) defects or faults caused by abnormal use and/or non-compliance with the manufacturer's instructions for use and operation; (IV) defects or faults resulting from a modification of the Product by the Customer that was neither foreseen nor authorized by the manufacturer; (V) exposure of the Product to conditions exceeding the current safety and/or environmental instructions; and (VI) more generally, any improper or abusive use of the Product.
BOBBIDI SELL also excludes any liability in the event of possible modifications made by manufacturers and/or suppliers in the composition of the articles.
Article 10. Liability
The company BOBBIDI SELL has, for all stages of access to the site www.Bobbidisell.com, the ordering process, delivery, customer service or subsequent services, only an obligation of means.
Article 11. Force majeure
The execution by BOBBIDI SELL of all or part of its obligations, in particular delivery, will be suspended in the event of the occurrence of a fortuitous event or force majeure which would hinder or delay its execution. The following are considered as such, in particular, but not limited to, war, riots, insurrection, social unrest, strikes of all kinds. BOBBIDI SELL will inform CUSTOMERS of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. In the event that this suspension continues beyond a period of fifteen days, the CUSTOMER will have the option to cancel the current order, and the price of the Products ordered and the delivery costs paid will then be reimbursed.
Article 12. Applicable laws and competent jurisdictions (EU)
The General Terms and Conditions of Sale are subject to French law.
Only the French version of these General Terms and Conditions of Sale is authentic.
In the event of a difficulty arising during the Order, the delivery of the Products and more generally the execution of the sale, the CUSTOMER will have the option, before any legal action, to seek an amicable solution, in particular with the help of a consumer association or free of charge by using a consumer mediator or any other advisor of his choice.
Furthermore, the customer, for any national or cross-border (EU) consumer disputes, may contact the European Commission's online dispute resolution platform at the following address :
https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.show&lng=FR
in accordance with the European regulation of 21 May 2013 on the out-of-court settlement of disputes.
Article 13. Applicable laws and competent jurisdictions (Outside the EU)
Any disputes arising from or in connection with this contract shall be settled definitively in accordance with the Arbitration Rules of the International Chamber of Commerce, by one or more arbitrators in accordance with these Rules.
If both parties decide not to resort to arbitration, the dispute shall be brought first before the commercial court of MEAUX (77100) and the applicable law shall be French law. However, the seller reserves the right to bring the dispute before a court in the buyer's country, the applicable law possibly being the law of the debtor's country, or a neutral law, Swiss law for example.