Article 1: The company

The website www.bien-fait-paris.com (hereinafter the "Site") is published by the company Brumaire, (hereinafter " Bien Fait "), located at 23, rue Saint Paul - in PARIS 4th, whose registration number in the Trade Register is 808 049 738 and which has a store at the same address.

The company, under its trade name Bien Fait, offers a range of decoration products, decorations and wallpapers on its website.

These general terms and conditions of sale (hereinafter the "GCS") exclusively govern distance orders placed by e-mail or on the Site with Bien Fait by any non-trading individual with the legal capacity to contract (hereinafter the "Customer") for any product offered for sale on the Site.

The GTC are subject to change and updating. They are permanently accessible from the Site home page. Each order placed on the Site is subject to the GCS in force on the day the order is placed.

Validating an order for a product offered on the www.bien-fait-paris.com website implies the customer's express acceptance of these General Terms and Conditions of Sale, without this acceptance requiring a handwritten signature.

In the case of sales by e-mail, receipt of the quotation implies acceptance of the General Terms and Conditions, which are appended to the quotation.

Should one or more clauses of the GTC become null and void, in particular due to a change in legislation, this will not affect the validity of the other clauses, which will remain in full force and effect.

 

Article 2: Products

The products presented on the Site are in the wallpaper category. Each product is presented with its technical specifications and under a unique reference number.

Bien Fait offers "ready-to-install" packs of each of its models.

Bien Fait also offers its customers customized paper sizes to fit the dimensions of their room, if these don't fit into the standard dimensions covered by the "ready-to-install" packs.

Bien Fait makes every effort to respect the colors of the products on its Site. However, color shades may vary significantly depending on the Customer's computer screen, and the colors of the photos on the Site are not contractually binding. Bien Fait is not responsible for the accuracy of product colors, and cannot be held liable for differences due to the quality of screens and/or their technical settings. 

Similarly, paper colors may vary slightly depending on the printing bath. Sample colors are therefore not contractual. The rendering and scale of motifs on the paper catalog, intended to give an overview of the references and their setting, are not contractual either.

Custom orders

For custom orders requiring a made-to-measure visual, the customer undertakes to provide all the information required for a simulation. The visual may only be modified to respect the structural elements of the part. Bien Fait provides a print visual for validation. For more than two modification requests, additional invoicing may be considered.

ENVIRONMENT

Bien Fait is registered with the Registre national des metteurs sur le marché d'éléments d'ameublement under number FR332411_04MWKO. This number guarantees that Bien Fait, by joining Ecomaison, complies with its regulatory obligations under article L541-10-1 10° of the French Environment Code.

 

Article 3: Prices

For delivery in France or Europe, the prices shown on the Site are expressed in euros and include all French taxes (French VAT and any other taxes such as eco-taxes).

The price indicated on the product sheets does not include delivery charges, which will be invoiced to the Customer in addition. The delivery rates applicable to the order will be specified to the Customer before the order is validated.

Bien Fait reserves the right to modify its prices at any time. In the event of a modification, the price invoiced to the Customer is the one indicated on the order form or in the shopping basket and accepted by the Customer at the time of order validation.

The total price of the order (including all taxes, handling, packaging and transport costs) is that indicated in the shopping basket or on the quotation, before the order is validated by the Customer. 

The VAT applicable is that in force on the day of the order in France. Any change in the rate may be reflected in the price of the products. Bien Fait does not sell tax-free. 

Upon confirmation of the order, the Customer will receive an invoice by e-mail.

 

Article 4: Availability

Bien Fait undertakes to honour orders received within the limits of available product stocks. Should the product(s) not be available, Bien Fait undertakes to inform the customer by telephone or e-mail as soon as possible.

If Bien Fait is unable to supply a product ordered, the company will notify the customer of the expected delay by e-mail. The customer may then request either a refund of the sums paid within 30 days of their payment, or the exchange of the unavailable product for another product, or the cancellation of the order. No cancellation penalty will be applied to such an order cancellation. No compensation for cancellation (other than full reimbursement of the order) may also be claimed, such unavailability resulting from the delay in updating such unavailability.

 

Article 5: Terms and conditions for taking an order

5.1 Orders placed on the Site

To place an order on the Site, the Customer must follow the purchase process provided by the Site.

When ordering for the first time, the Customer must create a customer account (hereinafter the "Account") by filling in the appropriate form. This Account is strictly personal and enables the Customer to identify him/herself before validating each order. 

The customer expressly undertakes to provide complete and accurate information. Bien Fait cannot be held responsible for any error in the delivery address, or for any incomplete or erroneous information, making delivery of an order impossible.

The Customer will only be able to validate his order after having read the GCS and having accepted them by ticking the appropriate box. Consequently, any order placed on the Site implies the Customer's express and unreserved acceptance of the GCS.

Once the order has been validated and paid for, a confirmation e-mail summarizing the order and enclosing the corresponding invoice will be sent to the Customer by Bien Fait to the e-mail address indicated by the Customer.

The order date is the validation date. All orders will be processed within 10 working days of the validation date.

5.2 Remote control or e-mail commands

The customer can place an order by e-mail to Bien Fait. 

The remote order will be the subject of a summary e-mail (hereinafter referred to as the "Summary E-mail") containing a summary of the order (references of the product ordered, quantity, price, delivery charges) to which the GTCS will again be attached.

To validate the order, the Customer must confirm, by return e-mail, the order summary.

The order will only be validated by Bien Fait once it has been paid for by the appropriate means of payment, all bank charges being at the customer's expense.

All orders will be processed within 10 working days from the date of validation.

 

Article 6: Payment

Bien Fait accepts payment by credit card for all orders placed on the site. For remote orders, bank transfers and Visa and Mastercard bank cards are accepted. It is the purchaser's responsibility to record and print his/her payment slip if he/she wishes to retain the details of the banking operation relating to the transaction. Products remain the property of Bien Fait until full payment has been received by Bien Fait. 

In exceptional cases, Bien Fait reserves the right to accept other means of payment.

 

Article 7: Delivery of products

Products ordered are delivered to the address indicated by the Customer. The Customer expressly undertakes to provide complete and accurate information. Bien Fait cannot be held responsible for any error in the delivery address, or for incomplete or erroneous information, making delivery of an order impossible.

In the event of an incomplete or false delivery address preventing delivery, and in the absence of a demonstration by the Customer, Bien Fait will put the products back on sale and retain payment, after a period of 3 months.

Bien fait undertakes to make its best efforts to deliver the products ordered within the time indicated in the order confirmation.

The Customer will be informed of any delay in delivery by e-mail to the address indicated by the Customer. In such a case, the Customer will also be informed by e-mail of the new delivery times. 

Products sold on the Site can be delivered anywhere in the world, subject to the delivery conditions of the chosen carrier. 

Deliveries are made by DHL for Express delivery and Mondial Relay for Point Relay delivery, unless the specific nature of the delivery requires the use of another carrier. The cost of delivery is borne by the Customer, and is invoiced together with the processing fees at a flat rate specified before the order is placed and validated by the Customer.

Delivery times vary according to the availability of the products ordered, the place of delivery and the delivery method chosen. In all cases, delivery takes a maximum of 30 days from order confirmation, with the exception of personalized orders, for which the delivery period runs from the date of manufacture of the personalized product.

If delivery cannot be made for reasons of accessibility or the absence of a person to receive the order at the address indicated by the Customer for delivery, Bien Fait cannot be held responsible. 

On receipt of delivery, the customer or his representative must inspect the goods in the presence of the duly authorized carrier. In the event of damage(s) due to transport, the Customer, in his capacity as consignee, must expressly notify the carrier of any reservations deemed necessary within the allotted time, and send a copy to Bien Fait, which reserves the right to refuse the return, refund or replacement of the products.

Article 8: Right of withdrawal

8.1 Withdrawal

In the event of cancellation after payment of an order for a good at the customer's request before production has begun, an indemnity equal to 50% will be retained by Bien Fait, and the balance will be reimbursed within 30 days of the date of acceptance of the cancellation by Bien Fait. The cancellation indemnity will be 100% of the price once the products have already been put into production. To cancel an order, the customer should send an email to Bien Fait at the following address: [email protected] indicating the order number. The date of cancellation will be the date of dispatch of the cancellation letter by the Customer.

The right of withdrawal does not apply to personalized orders, as described in article 1. In accordance with article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in the case of goods made to customer specifications or clearly personalized.

8.2 Procedure

If the Customer wishes to exercise his/her right of withdrawal, he/she must follow the procedure described below:

• The products concerned must be returned in their original packaging and in perfect condition, i.e. perfectly packaged, with no marks on the printed surface or back, and in particular no traces of glue, and the paper must not have been laid down.
• The Customer must enclose with his parcel (i) the previously completed and printed withdrawal form or any other unambiguous written statement expressing his wish to withdraw, as well as (ii) the invoice (accessible from the order confirmation email) or the delivery note: 

Standard withdrawal form

(if you wish to withdraw from the contract, please complete this form and return it).

• To: Bien Fait - Société Brumaire - 23, rue Saint Paul - 75004 Paris.
• I/We (*) hereby revoke the contract entered into for the purchase of the following goods (*).
• For the following reason (please specify) :
• Ordered on (*) / received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (for written messages only)
• Date

(* Strike out what does not apply)

• Products must be returned, at the customer's expense, to the following address:
  Bien Fait - Société Brumaire
  23 rue Saint Paul
  75004 Paris
  France
  Or brought back to the same address during opening hours.

 

8.3 Repayment period

Subject to compliance with the aforementioned procedure, Bien Fait undertakes to reimburse the Customer for the price of the products in question, inclusive of VAT and exclusive of return costs, within a maximum of 14 (fourteen) days from the date of receipt of the products by Bien Fait, and confirmation by Bien Fait that the goods are in perfect condition. The amount of the refund will be credited directly to the Customer's bank account used for the order, or by any other appropriate means of payment, at Bien Fait's discretion.

 

Article 9: Guarantees

9.1. Legal guarantees

Customers benefit from the legal guarantee of conformity as well as the guarantee against hidden defects in accordance with the provisions of articles L217-4 et seq. of the French Consumer Code and articles 1641 to 1649 of the French Civil Code.

All claims for lack of conformity, requests for exchange or refund must be made by mail to the following address: [email protected].

9.2 Legal guarantee of conformity

If the products delivered do not conform (if they have obvious printing defects or if they do not correspond to the dimensions ordered), customers are invited to return them to Bien Fait as soon as possible, at Bien Fait's expense. Bien Fait undertakes to return a conforming product as soon as possible.

Any action resulting from a lack of conformity shall be barred after 2 (two) years from the date of delivery of the products, subject to compliance with storage conditions.

9.3. Legal guarantee against hidden defects

Any action arising from latent defects must be brought by the purchaser within 2 (two) years of discovery of the defect.

Article 10: Limitation - Exemption from liability

Bien Fait declines all responsibility for the misuse or abuse of products ordered by the Customer.

Bien Fait is in no way responsible for any consequences resulting from : storage of products in abnormal conditions or conditions incompatible with their nature, their transformation, non-compliance with installation instructions (installation instructions are available on the website, and are attached to the invoice), abnormal wear resulting from poor maintenance, choice of glue unsuitable for installation, or imperfect installation, deterioration of products due to water infiltration, impact or inappropriate use, temperature or humidity levels.

Article 11: Protection of personal data

In order to meet the needs of its customers and to ensure optimal remote service, Bien Fait and the Site collect certain personal data.

Personal data collected by the Site and by Bien Fait are processed for the exclusive purpose of managing customer relations. "Personal data (name, address, email and telephone number) may be transmitted to third parties in order to ensure proper delivery of the order. Bien Fait is responsible for processing such data. Bien Fait certifies the confidentiality of the personal data collected.

In accordance with the provisions of the French Data Protection Act no. 78-17 of January 6, 1978, as amended by Act no. 2004-801 of August 6, 2004, the processing of information collected by Bien Fait has been declared to the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL) under number 1852064.

The Customer has the right to access, rectify and object to data concerning him/her collected by the Site. To exercise this right, the Customer must send an e-mail to the following address [email protected]. All mailings sent by Bien Fait include an unsubscribe link at the bottom of the e-mail, enabling customers to unsubscribe with a single click.

The Customer and more generally any user of the Site acknowledges that by accepting the GTC, they authorize Bien Fait to install cookies on their computer's hard disk in order to identify each of their connections, to enable them to access their Account without having to re-identify themselves and to adapt the Site's functionalities to their needs.

Bien Fait reserves the right for its customers and all Site users to refuse the installation of cookies by modifying their computer's configuration parameters, it being specified however that such a modification is likely to alter the Site's functionalities.

Article 12: Intellectual Property

All elements of the www.bien-fait-paris.com website are and remain the exclusive intellectual property of Bien Fait.

No one is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site whether software, visual or sound. 

Any simple link or hypertext link is strictly forbidden without the express consent of Bien Fait.

Article 13: Applicable law

The present General Terms and Conditions of online and distance sales for private individuals are governed by French law. The French courts have exclusive jurisdiction over any disputes.