Terms and Conditions

General conditions of sale (B2B)

Version as of March 18, 2020

 

THE CUSTOMER EXPRESSLY ACKNOWLEDGES HAVING FIRST READ THE PRESENT GENERAL TERMS AND CONDITIONS.
ANY ORDER MADE WITH THE BODYFRIEND COMPANY IMPLIES THE UNRESERVED ACCEPTANCE BY THE CUSTOMER OF THESE GENERAL TERMS AND CONDITIONS OF SALE.

 

ARTICLE 1. DEFINITIONS

For the purposes of these general conditions of sale, the following terms have the definition given below, other terms may also be defined in these general conditions of sale.

"Customer": means any professional user of the Site who places an Order as part of his professional activity with the Company.

"Ordered": means any request to purchase one or more Products by a Customer.

"Terms of Sales" or "GTCS»: means all the stipulations provided for herein which detail the rights and obligations of the Company and the Customer in connection with the purchase of the Products.

“Products”: means any product (including massage chairs) offered for sale by the Company.

"Company": means Bodyfriend Europe, a simplified joint-stock company with capital of €10.800.000,00 whose registered office is located at 91, rue du Faubourg-Saint-Honoré, 75008 Paris, registered with the Paris Trade and Companies Register under the unique identification number 845 191 923, represented by its president, Mr. Changjoo KIM.

"Site": refers to the website www.bodyfriend.fr from which the Company presents its Products.

ARTICLE 2. PURPOSE – SCOPE

The GCS apply to Product Orders for the provision of Products in the Territory described in Article 5.

The T&Cs are written in French in their original version which alone is authentic and prevails over any other version.

The GCS prevail over any contrary clause appearing on the documents or correspondence of the Customer, including its general conditions of purchase and the mentions appearing on its own order forms.

These T&Cs cancel and replace any other agreement and convention, prior or concurrent, between the Company and the Customer regarding the purchase of the Products referenced on the Site.

ARTICLE 3. CHARACTERISTICS OF THE PRODUCTS

The Products sold or rented by the Company are luxury massage chairs, the characteristics of which are described on the Site.

ARTICLE 4. ORDER

4.1 Order Process

Any Customer Order is placed directly with the Company at the latter's points of sale.

The Order process involves the Customer's choice of the Product(s), the choice of the delivery method and the acceptance of these GCS.

 

4.2 Means of payment

Unless otherwise agreed, payment is made net cash upon Order by the Customer directly to the Company at the point of sale.

 

4.3 Order Processing

The shipping times for Orders depend on the availability of the Products, indicated at the time of the Order:

  • for available Products (therefore “in stock”), Orders placed before midnight (Paris time, GMT+1h), from Sunday to Monday, excluding public holidays, are dispatched the following day. In other cases, the Products are dispatched on the evening of the working day. All of the Products ordered are dispatched in a single order;
  • for Products available within a certain period, Orders will be shipped within the number of days indicated, on average;
  • Products that are "sold out" or "unavailable" cannot be ordered.

 

4.4 Product availability and prices

Product offers and prices are valid within the limits of available stocks.

Consequently, and except validation of the final Order by the Company, the latter does not in any way guarantee the maintenance of the Products for purchase during a given period, nor their price.

Any claim by the Customer relating to the unsuccessful Order of a Product that is not available or whose price may have varied during the Order process or between two Orders will be considered unfounded.

The prices are indicated, in euros, all taxes included, excluding shipping costs. In addition, the Company reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the rates in force at the time of the Order, subject to availability.

ARTICLE 5. PROVISION OF PRODUCTS

 

5.1 Place of provision

La Société livre les Produits dans la zone EMEA (Europe, Moyen-Orient et Afrique), (ci- après, le «Territoire»).

Delivery to a country not included in the Territory will be subject to a Customer's request and will be subject, where applicable, to additional costs.

The provision will be made at the provision address validated by the Customer at the time of the Order as being the "provision address", this address may be different from the "billing address".

 

5.2 Modes of provision and deadlines

The possible delivery methods depend on the quantity of Products ordered and the country of delivery.

The Company reserves the right to choose the carrier.

The date of availability depends on the state of the stock, the date of dispatch of the Order and the period of availability induced by the mode of availability.

The estimated delivery times are ten (10) to fifteen (15) working days (excluding Saturdays, Sundays and public holidays) from the Order dispatch confirmation email.

The dates and deadlines for availability indicated by the Company are given for information only. The Company reserves the right to shift the dates previously announced.

 

5.3 Receipt of Products

Upon receipt of his Order, it is up to the Customer, or to the recipient of the Order, to check the conformity of the Product made available with the Order, before signing the delivery note.

In the event of a problem, the Customer must make his reservations to the carrier, on the delivery note and, within forty-eight (48) hours, by registered letter with acknowledgment of receipt, copying the Company with this letter.

No claim on the condition of the Products delivered will be admissible if the delivery slip has been signed, without reservation.

In addition, in accordance with article L.133.3 of the French Commercial Code, «Receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest".

The Customer has a period of four (4) months after being notified of the availability of his Order to collect it.

Failing this, the Order will be canceled and the sums paid previously will be retained by the Company as compensation. After this period, the Customer may not claim either a refund or a discount of the Product.

ARTICLE 6. LEGAL GUARANTEES

The Products sold by the Company are subject to the conditions of legal guarantees provided for by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees.

The Company will refuse any claim relating to Products that have been used inappropriately, in particular in violation of Article 6.2 or more generally due to use that does not comply with its intended purpose.

Any complaint concerning the Products as such and unrelated to the delivery must be made by e-mail to the address france@bodyfriend.com followed by written confirmation sent by registered letter with acknowledgment of receipt to customer service at the following address: 91, rue du Faubourg-Saint-Honoré, 75008 Paris.

These guarantees will only come into play on the condition that the Customer makes the request within twenty-four (24) months from the delivery of the Product (for the legal guarantee of conformity) or from the discovery of the defect (for the legal guarantee against hidden defects).

Conformity defects that appear within twenty-four (24) months of delivery are presumed to exist at the time of delivery, unless proven otherwise.

It is up to the Customer to prove that he fulfills the conditions of the guarantee.

In the event of a lack of conformity and/or hidden defects recognized by the Company, if it is decided to return the Product, the Customer must send it to the following address: 91, rue du Faubourg-Saint-Honoré, 75008 Paris.

ARTICLE 7. TRANSFER OF RISKS / RETENTION OF OWNERSHIP

The Company retains ownership of the Products sold until effective and complete payment of the price by the Customer.

The Customer assumes the risks concerning the Products as soon as they are delivered to the address indicated at the time of the Order.

ARTICLE 8. INTELLECTUAL PROPERTY

The Products constitute works protected in particular by copyright.

The Client unreservedly acknowledges the intellectual property of the Company and undertakes not to infringe it in any way whatsoever.

ARTICLE 9. RESPONSIBILITY

The Company declines all responsibility for any losses and any indirect, special or incidental damages resulting therefrom.

The Company's liability may be incurred in the event of proven fault or gross negligence and will in such a case be limited to direct and personal damages, to the exclusion of any indirect damages of any nature whatsoever.

In any event and under any circumstances, in the event that the Company is held liable, the amount of compensation paid by the Company may not exceed the amount excluding tax actually paid by the Customer for the purchase of the Product.

ARTICLE 10. FORCE MAJEURE

Pursuant to Article 1148 of the Civil Code, the Company cannot be held responsible or considered to have committed a fault in the processing of the Order, if any delay or non-performance results from a case of force majeure, as defined by the regulations in force, and by the case law of the French courts.

ARTICLE 11. APPLICABLE LAW

These T&Cs are governed by French law.

In the event that a dispute arises from this contractual relationship, and subject to the provisions of public order applicable in matters of jurisdiction, the courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction to hear any dispute. possible relating to these GCS.

General conditions of sale (B2C)

Version as of March 18, 2020

THE CUSTOMER EXPRESSLY ACKNOWLEDGES HAVING FIRST READ THE PRESENT GENERAL CONDITIONS. ANY ORDER MADE WITH BODYFRIEND COMPANY IMPLIES UNRESERVED ACCEPTANCE BY THE CUSTOMER OF THESE GENERAL CONDITIONS OF SALE.

ARTICLE 1. DEFINITIONS

For the purposes of these general conditions of sale, the following terms have the definition given below, other terms may also be defined in these general conditions of sale.

"Customer": refers to any non-professional consumer user of the Site who places an Order with the Company.

"Ordered": means any request to purchase one or more Products by a Customer from the Company.

"Terms of Sales" or "GTCS»: means all the stipulations provided for herein which detail the rights and obligations of the Company and the Customer in connection with the sale of the Products.

"Contract": means the summary of the Order sent by the Company to the Customer after validation of his Order, and the details of which also appear on the User Account.

“Products”: means any product offered for sale by the Company.

"Company": designates Bodyfriend Europe, a simplified joint stock company with capital of €10.800.000,00. The head office is located at 91, rue du Faubourg-Saint-Honoré, 75008 Paris, registered in the Paris Trade and Companies Register under the unique identification number 845 191 923 and represented by its president, Mr. Changjoo Kim.

"Site": refers to the website www.bodyfriend.fr from which the Company presents its Products.

"User": refers to any user of the Site.

ARTICLE 2. PURPOSE – SCOPE

The GCS apply to Product Orders for the delivery of Products in the Territory described in Article 5.1.

The T&Cs are written in French in their original version which alone is authentic and prevails over any other version.

The GCS prevail over any contrary clause appearing on the documents or correspondence of the Customer, including its general conditions of purchase and the mentions appearing on its own order forms.

These T&Cs cancel and replace any other agreement and convention, prior or concurrent, between the Company and the Customer regarding the sale of the Products referenced on the Site.

ARTICLE 3. CHARACTERISTICS OF THE PRODUCTS

The Products sold by the Company are luxury massage chairs, the characteristics of which are described on the Site.

ARTICLE 4. ORDER

4.1 Order Process

Any Customer Order is placed directly with the Company at the latter's points of sale.

The Order process involves the Customer's choice of the Product(s), the choice of the delivery method and the acceptance of these GCS.

 

4.2 Means of payment

Unless otherwise agreed, payment is made net cash upon Order by the Customer directly to the Company at the point of sale.

 

4.3 Order Processing

The shipping times for Orders depend on the availability of the Products, indicated at the time of the Order:

  • for available Products (therefore “in stock”), Orders placed before midnight (Paris time, GMT+1h), from Sunday to Monday, excluding public holidays, are dispatched the following day. In other cases, the Products are dispatched on the evening of the working day. All of the Products ordered are dispatched in a single order;
  • for Products available within a certain period, Orders will be shipped within the number of days indicated, on average;
  • Products that are "sold out" or "unavailable" cannot be ordered.

 

4.4 Product availability and prices

Product offers and prices are valid within the limits of available stocks. Consequently, and unless the Company confirms a definitive Order, the latter does not in any way guarantee the maintenance of the Products for sale during a given period, nor their price.

Any claim by the Customer relating to the unsuccessful Order of a Product that is not available or whose price may have varied during the Order process or between two Orders will be considered unfounded.

The prices are indicated, in euros, all taxes included, excluding shipping costs. In addition, the Company reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the rates in force at the time of the Order, subject to availability.

ARTICLE 5. DELIVERY OF PRODUCTS

5.1 Delivery address

La Société livre les Produits dans la zone EMEA (Europe, Moyen-Orient et Afrique), (ci- après, le «Territoire»).

Delivery to a country not included in the Territory will be subject to a Customer's request and will be subject, where applicable, to additional costs.

Delivery will be made to the delivery address validated by the Customer at the time of the Order as being

"the delivery address", this address may be different from the "invoicing address".

Sauf expressement spécifié lors de la commande, les envois de marchandises sont exprimé en incoterm DAP (Delivered at Place).

 

5.2 Delivery methods and deadlines

The possible delivery methods depend on the quantity of Products ordered and the country of delivery.

The Company reserves the right to choose the carrier.

The delivery date depends on the state of the stock, the date of shipment of the Order and the delivery time induced by the delivery method.

Estimated delivery times are ten (10) to fifteen (15) working days (excluding Saturdays, Sundays and public holidays) from the Order dispatch confirmation email.

The dates and delivery times indicated by the Company are given for information only. The Company reserves the right to shift the dates previously announced.

However, in accordance with article L.216-1 of the Consumer Code, the Product will be delivered no later than thirty

(30) days after validation of the Order.

 

5.3 Receipt of delivery

Upon receipt of his Order, it is up to the Customer, or the recipient of the Order, to check the conformity of the Product delivered with the Order, before signing the delivery note.

In the event of a problem, the Customer must make his reservations to the carrier, on the delivery note and, within forty-eight (48) hours, by registered letter with acknowledgment of receipt, copying the Company with this letter.

No claim on the condition of the Products delivered will be admissible if the delivery slip has been signed, without reservation.

In addition, in accordance with article L.133.3 of the French Commercial Code, «Receipt of the items transported extinguishes any action against the carrier for damage or partial loss if within three days, not including public holidays, which follow that of this receipt, the recipient has not notified the carrier, by extrajudicial act or by registered letter, his reasoned protest".

The Customer has a period of four (4) months after being notified of the availability of his Order to collect it.

Failing this, the Order will be canceled and the sums paid previously will be retained by the Company as compensation. After this period, the Customer may not claim either a refund or a discount of the Product.

ARTICLE 6. RIGHT OF WITHDRAWAL

In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Products to exercise his right of withdrawal.

To exercise his right of withdrawal, the Customer will contact, within the aforementioned period of fourteen (14) days, customer service, which will indicate the return address.

A model withdrawal form, which is not compulsory, is reproduced below: Model withdrawal form for the attention of: Bodyfriend Europe – 91, rue du Faubourg-Saint-Honoré, 75008 Paris | Phone: +33 1 42 72 05 05 | Mail: france@bodyfriend.com

I hereby notify you of my withdrawal from the contract relating to the sale of the property below: [To be described]

Ordered on

/received on

Name of consumer (s)

Address of consumer (s)

Reserve

The procedures for returning Products are described below:

  • If the Order was delivered by post (Colieco, Colissimo, Chronopost), the Customer may return his Order by post (return costs at your expense).
  • If the Order was delivered by a carrier, the latter will take over the This service will be invoiced to the Customer at the same price as the initial delivery costs.

The costs and risks related to the return of the Products are the responsibility of the Customer.

In order to be eligible for return, the Products must not have been altered in any way. In addition, Products returned without their original packaging or incomplete, damaged, damaged or soiled by the Customer are not taken back.

No package returned against reimbursement will be accepted, whatever the reason.

The Company will reimburse the Customer for the price of the returned Products as well as the initial shipping costs (the return costs remain the responsibility of the Customer) within fourteen (14) days of receipt of the returned Products. This refund will be made by crediting the bank account used for payment, according to the method of payment used when placing the Order.

ARTICLE 7. LEGAL GUARANTEES

7.1 Common provisions

The Products sold by the Company are subject to the conditions of legal guarantees provided for by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, excluding all other warranties.

The Company will refuse any claim relating to Products which have been used inappropriately.

Any complaint concerning the Products as such and unrelated to the delivery must be made by e-mail to the address france@bodyfriend.com followed by written confirmation sent by registered letter with acknowledgment of receipt to customer service at the following address: 91, rue du Faubourg-Saint-Honoré, 75008 Paris.

These guarantees will only come into play on the condition that the Customer makes the request within twenty-four (24) months from the delivery of the Product (for the legal guarantee of conformity) or from the discovery of the defect (for the legal guarantee against hidden defects).

Conformity defects that appear within twenty-four (24) months of delivery are presumed to exist at the time of delivery, unless proven otherwise.

It is up to the Customer to prove that he fulfills the conditions of the guarantee.

In the event of a lack of conformity and/or hidden defects recognized by the Company, if it is decided to return the Product, the Customer must send it to the following address: 91, rue du Faubourg-Saint-Honoré, 75008 Paris.

As part of the legal guarantee of conformity, the Customer: (i) has a period of two (2) years from the delivery of the goods to act; (ii) can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L.217-9 of the Consumer Code; and

(iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.

The legal guarantee of conformity applies regardless of the commercial guarantee that may be granted.

The Customer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the resolution of the sale or a reduction in the sale price in accordance with article 1644 of the Civil Code.

 

7.2 Legal guarantee of conformity

The Company will deliver to the Customer a Product that complies with the Order and is free from defects of conformity when the said Product is delivered, in the sense that the Product will be specific to the use usually expected of a similar good and that it will present the characteristics presented during the sale.

The Company is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to it by the Order or has been carried out under its responsibility.

In the event of recognized non-compliance on a Product sold by the Company, the Customer may choose between repairing and replacing the Product unless one of these choices entails a manifestly disproportionate cost for the Company.

If the repair or replacement of the Product is impossible, the Customer may be reimbursed the price paid and return the Product or keep the Product and be reimbursed part of the price, unless the lack of conformity is minor.

 

7.3 Legal warranty against hidden defects

The Company will provide the Customer with a Product free of hidden defects which would render it unsuitable for the use for which it is intended, or which so diminish this use, that he would not have acquired it, or would have given only one lower price, if he had known them.

In the event of a recognized hidden defect on a Product sold by the Company, the Customer will have the choice of returning the Product and being reimbursed the price and costs incurred by the sale or keeping the Product and being reimbursed part of the price. .

The return, replacement or reimbursement of the Product will take place at no cost to the Customer and does not preclude the possible allocation of damages in the event that he is entitled to them.

 

7.4 Reminder of the provisions of the Consumer Code and the Civil Code

The provisions of the applicable Consumer Code are as follows:

  • Article 217-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility”.
  • Article L.217-5 of the Consumer Code: “To comply with the contract, the good must: 1) Be suitable for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model; – present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted”.
  • Article L.217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods".
  • Article L.217-16 of the Consumer Code: "When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of movable property, a discount in a condition covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

The applicable provisions of the Civil Code are as follows:

  • Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have not acquired, or would have given only a lesser price, if he had known 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 8. RETENTION OF OWNERSHIP

The Company retains ownership of the Products sold until effective and complete payment of the price by the Customer. The Customer assumes the risks concerning the Products as soon as they are delivered to the address indicated at the time of the Order.

ARTICLE 9. INTELLECTUAL PROPERTY

The Products constitute works protected in particular by copyright.

The Client unreservedly acknowledges the intellectual property of the Company and undertakes not to infringe it in any way whatsoever.

ARTICLE 10. FORCE MAJEURE

Pursuant to Article 1148 of the Civil Code, the Company cannot be held responsible or considered to have committed a fault in the processing of the Order, if any delay or non-performance results from a case of force majeure, as defined by the regulations in force, and by the case law of the French courts.

ARTICLE 11. APPLICABLE LAW

These T&Cs are governed by French law.

In the event that a dispute arises from this contractual relationship, and subject to the provisions of public order applicable in matters of jurisdiction, the courts within the jurisdiction of the Paris Court of Appeal shall have sole jurisdiction to hear any dispute. possible relating to these GCS.

In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, the Company adheres to the Service du Médiateur du e-commerce de la Fevad (Fédération du e-commerce et de la vente à distance) whose contact details are as follows: 60 , rue La Boétie, 75008 Paris – http://www.mediateurfevad.fr.

After prior written action by the Customer vis-à-vis the Company, the Mediator's Service may be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click http://www.mediateurfevad.fr/index.php/espace-consommateur.