GTCS, Shipping and Returns

Version in effect as of January 1, 2025

BOSCOIER GENERAL TERMS AND CONDITIONS OF ONLINE SALE

i. Scope of Application

These General Terms and Conditions of Sale (hereinafter, «the GTCS») govern the contractual relations between the simplified joint stock company TOPAKETA (hereinafter, «the company TOPAKETA» or «TOPAKETA»), with share capital of 10,000 €, registered in the Paris Trade and Companies Register under number 934 308 867, whose head office is located at 41 Avenue du Général Leclerc, 75014 Paris, subject to VAT under number FR63 934 308 867 and the Customer, acting as a consumer (hereinafter, «the Customer» or «you»), within the framework of a distance and electronic sales agreement relating to the fashion products offered by the company TOPAKETA on the site www.boscoier.com.

TOPAKETA reserves the right to modify or adapt these General Terms and Conditions of Sale at any time in order to take into account legislative and regulatory developments applicable to distance and electronic sales contracts, or in the event of a change in its activity or commercial offer.

The applicable GTCS are those in force on the date of validation of the order by the Customer and are valid for deliveries made in the territory in which BOSCOIER operates.

ii. Acceptance and Communication of the GTCS

The Customer is required to read and accept without reservation these General Terms and Conditions of Sale (GTCS) before finalizing each order, by checking the box provided for this purpose: «I have read and accept the General Conditions of Sale of TOPAKETA».

In accordance with applicable regulations, these General Terms and Conditions of Sale will be communicated to you on a durable medium.

iii. BOSCOIER Products

In accordance with Article L.111-1 of the Consumer Code, TOPAKETA ensures that it provides you, before the conclusion of any contract, with a detailed presentation of the fashion products offered for sale, accompanied by their essential characteristics, including the fiber composition, in accordance with the requirements of the applicable European legislation.

Please note that slight variations may occur between the products delivered and their representation on the site www.boscoier.com. These differences may arise from the photographs used, the settings of the electronic devices used to view the site www.boscoier.com, or even particularities inherent to the texture and unique color used for manufacturing, among others.

The products are marketed on the site www.boscoier.com subject to available stocks.

In the event that an ordered product is unavailable, TOPAKETA undertakes to inform you as soon as possible. In such a situation, you will be offered two options: replacing the unavailable product with an equivalent item or a full refund of your order. The refund will be made within a maximum of eight (8) days following your choice.

iv. Prices

The prices of the products available for sale on the site www.boscoier.com are indicated in euros, all taxes included. Regarding delivery costs, please refer to the provisions indicated in the description of each item.

They do not include any customs fees, import taxes or other local taxes applicable to orders intended for international delivery, which remain entirely the responsibility of the Customer.

The VAT applied corresponds to the rate in force in mainland France at the time of validation of the order.

The prices displayed on the site at the time of ordering are valid. However, they are subject to change at any time.

v. Order Process

It is not necessary to register or create a customer account to place an order on the site www.boscoier.com.

Ordering on the site www.boscoier.com is carried out in accordance with the procedure defined by BOSCOIER, comprising the following steps: (i) Selection of items and addition to the basket; (ii) Validation of the contents of the basket; (iii) Entry of personal details, as well as delivery and billing addresses; (iv) Choice of shipping method; (v) Selection of payment method; (vi) Verification of order information; (vii) Acceptance of the General Conditions of Sale; (viii) Validation and payment of the order.

In accordance with Article L.221-13 of the Consumer Code, a summary confirmation of your order, including the corresponding invoice, will be sent to you electronically to the email address you provided.

vi. Payment Terms

Payment for products is made in cash at the time of ordering, once it has been confirmed.

BOSCOIER accepts, among others, the following payment methods: Visa, Mastercard, American Express and Apple Pay.

Payment is made via the secure payment platform provided by our partners, SHOPIFY and SOG-E-COMMERCE.

BOSCOIER reserves the right to suspend or cancel any order in the event of refusal of authorization of payment by credit card or in the event of non-payment.

Furthermore, BOSCOIER reserves the right to refuse or cancel an order from a Customer involved in a payment dispute, past or ongoing, or in the context of a wellfounded suspicion of fraud.

VII. General Delivery Conditions

1. Delivery conditions:

Deliveries are handled by carriers with whom we maintain regular collaboration. They are made to the postal address you provided when placing your order. This address must correspond to your residence, that of a third party or a professional address. Deliveries can be made to hotels, provided that a reception is available.

It is your responsibility to provide BOSCOIER with accurate and complete information regarding the delivery address and the persons responsible for receiving the items. In the event of an error or omission, BOSCOIER cannot be held responsible for the inability to deliver the package.

2. Delivery times:

For standard delivery in France, your products will be taken care of by our carrier, with parcel tracking, within two (2) to three (3) working days following confirmation of payment of the order.

For express delivery in France, your products will be shipped within one (1) to two (2) working days after confirmation of payment of the order.

Delivery will be made against signature of the customer or any person duly authorized by the customer.

For international deliveries, the delivery time varies between two (2) and eight (8) working days, depending on the destination country.

Orders are processed within forty-eight (48) to seventy-two (72) business hours. A shipping confirmation email will be sent to you, with a tracking number to follow the progress of your package.

3. Receipt of products and transfer of risks:

In accordance with Articles L.216-3 et seq of the Consumer Code, the transfer of risks of loss or deterioration of the goods occurs at the time when the Customer, or a third party designated by him other than the carrier proposed by BOSCOIER, takes physical possession of said goods.

Delivery is considered complete as soon as the product is handed over to the Customer by the carrier, which is certified by the tracking system used by the latter.

Upon receipt of the products, you are recommended to check the apparent condition of the packaging and contents, and to report any anomaly or damage to the carrier on the delivery slip as well as to BOSCOIER as soon as possible.

By way of exception, if the Customer chooses to entrust delivery to a carrier other than that proposed by BOSCOIER, the transfer of risks occurs upon delivery of the product to this carrier.

4. Countries of delivery:

Albania, Andorra, Argentina, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Canada, China, Colombia, Croatia, Czech Republic (Czechia), Denmark, Estonia, Faroe Islands, Finland, France, Georgia, Germany, Gibraltar, Greece, Guernsey, Hungary, Iceland, Ireland, Isle of Man, Åland Islands, Italy, Jersey, Kosovo, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Moldova, Monaco, Montenegro, Netherlands, North Macedonia, Peru, Poland, Portugal, Romania, San Marino, Saudi Arabia, Serbia, Slovakia, Slovenia, South Korea, Spain, Svalbard and Jan Mayen, Sweden, Switzerland, Taiwan, Turkey, Ukraine, United Arab Emirates, United Kingdom, United States.

5. Customs duties, taxes and duties:

For all orders shipped outside the European Union, the products are sent under the DDU regime (delivered duty unpaid). Customs duties, taxes and charges are not included in the price of the items or in the delivery costs.

Unfortunately, we are unable to calculate these fees before your order is validated, nor are we able to cover them for our customers. These additional costs will be payable directly to the carrier upon delivery.

We recommend that you check with your country's customs authorities before finalizing your purchase to find out about any fees that may apply.

VIII. Right of Withdrawal

In accordance with Article L.221-18 of the Consumer Code, you have a period of fourteen (14) days, starting from the day after receipt of your BOSCOIER product, to exercise your right of withdrawal without having to provide any justification or reason.

To do this, you can use the standard withdrawal form with the contentindicated below, by sending it by email to the following address: [email protected].

'In accordance with Article L.221-18 of the Consumer Code, I hereby notify you of my decision to exercise my right of withdrawal concerning order no. [insert order number], placed on [insert order date], and received on [insert receipt date]. I will return the item(s) to you within 14 days.

Sincerely,
[Insert Name, First Name]
[Insert Address]
[Insert Date]
[Insert Signature]'.

It is your responsibility to keep proof of exercising your right of withdrawal within the time limits and in accordance with the procedures provided for by the regulations in force.

Upon receipt of your withdrawal request, BOSCOIER will immediately confirm, electronically, that your request has been taken into account and will send you a prepaid return voucher.

The product must be returned within a maximum of fourteen (14) days from the sending of your withdrawal notification. The prepaid return slip must be attached to your package, which must be sent to the following address:

TOPAKETA
41 Avenue du Général Leclerc
75014 Paris

The product must preferably be returned in its original packaging or, failing that, in suitable packaging that guarantees its protection. It must be in perfect condition, unworn, unwashed, accompanied by its case and the label containing the barcode with which it was delivered. The return costs are covered by BOSCOIER.

In accordance with Article L.221-24 of the Consumer Code, BOSCOIER will proceed to the full refund of the amount of your order, including the initial delivery costs (with the exception of any customs duties and taxes, which remain the responsibility of the customer). This refund will be made upon receipt of the returned product or upon presentation of proof of shipment, the date retained being that of the first of these events.

The refund will be made via the same payment method used to pay for the order.

Pursuant to Article L.221-23 of the Consumer Code, you may be liable in the event of deterioration or depreciation of the returned product.

IX. Returns, Exchanges and Refunds

Regardless of the provisions relating to the right of withdrawal, you have the possibility to return or exchange your BOSCOIER products within fourteen (14) days of receiving your order. To do so, please send a return request to the following address: [email protected].

Once your request has been received, BOSCOIER will send you a prepaid return voucher.

You will then have fourteen (14) working days to return the product, making sure to include in your package the return slip provided as well as the label with the barcode delivered with your product. The shipment must be made to the following address:

TOPAKETA
41 Avenue du Général Leclerc
75014 Paris

The product must be returned by tracked parcel, in its original packaging, in its initial condition, unused, unwashed, accompanied by its pouch and the label with the barcode that accompanied it upon delivery, so that an exchange or refund can be made. Returns are free.

The exchange is subject to stock availability. In case of unavailability, we will proceed to the total refund of your order, with the exception of the initial delivery costs, unless the product received is not compliant, as well as any customs duties and taxes, which remain the responsibility of the customer.

Refund will be made within seven (7) days of receipt of your returned product.

The exchanged product will be sent to you within five (5) days after receipt of the returned product by BOSCOIER.

X. Limitations of Liability and Legal Guarantees

Products offered for sale on the site www.boscoier.com are covered by the legal guarantee of conformity in accordance with articles L.217-3 et seq. of the Consumer Code, as well as by the guarantee against hidden defects provided for in articles 1641 et seq. of the Civil Code.

For any questions or requests relating to the application of legal guarantees, we invite you to contact us by email at the following address: [email protected].

As part of the legal guarantee of conformity, you are informed that in application of articles L.217-7 and following of the Consumer Code: (i) Defects of conformity appearing within twenty-four (24) months following delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise or incompatibility with the nature of the goods or the defect found; (ii) In the event of non-conformity, the consumer may demand that the product be brought into conformity, either by repair or replacement, or, failing that, obtain a reduction in the price or termination of the contract, under the conditions provided for in Articles L.217-8 to L.217-17 of the Consumer Code; (iii) Termination of the sale is not possible if the lack of conformity is minor; (iv) The legal guarantee of conformity applies without any cost to the consumer.

With regard to guarantees against hidden defects, Article 1641 of the Civil Code is applicable: «The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them».

According to articles 1642 and following of the Civil Code: (i) The action related to hidden defects must be brought within two (2) years from the discovery of the defect; (ii) BOSCOIER is not responsible for apparent defects that the buyer could have noticed for himself; (iii) On the other hand, BOSCOIER is responsible for hidden defects that it could reasonably have known at the time of sale; (iv) After assessment of the defect, you can choose to return the product and obtain a refund of the price, or to keep the product in exchange for a price reduction.

In relation to the limitations of liability, L.221-15 of the Consumer Code is applicable. In this sense, BOSCOIER may be released from all or part of its liability by demonstrating that the non-compliance or poor execution of the contract results either from the consumer's actions, or from an unforeseeable and irresistible event attributable to a third party to the contract, or from a case of force majeure.

XI. Applicable Law and Disputes

These General Terms and Conditions of Sale are governed by French law. Any dispute relating to their interpretation, execution or validity will be submitted to the competent French courts, both materially and territorially.

In accordance with Articles L.612-1 et seq. Of the Consumer Code, and after having previously sent a written complaint to BOSCOIER to try to resolve the dispute amicably, you have the possibility of using a consumer mediator free of charge to facilitate the resolution of this dispute.

This initial complaint can be sent by mail to the following address: BOSCOIER, 41 Avenue du Géneral Leclerc, 75014 Paris, or by email to: [email protected]. Then, you can request the following mediator free of charge: 'In the process of membership'.

However, in accordance with Article L.612-2 of the Consumer Code, your request for mediation cannot be accepted in the following cases: (i) If you have not made a prior written complaint to BOSCOIER; (ii) If your request is manifestly unfounded or abusive; (iii) If the dispute has already been examined or is currently being examined by another mediator or by a judicial body; (iv) If your request was submitted after a period of one year from your written complaint to BOSCOIER; (v) If the dispute does not fall within the scope of the mediator concerned.

In these situations, the mediator will inform you, within three (3) weeks of receipt of your file, of the rejection of your request.

In addition, you can consult the European online dispute resolution platform, accessible here.

XII. BOSCOIER CONDITIONS AND REFUND POLICY

In accordance with Article L.221-18 of the Consumer Code, you have a period of fourteen (14) days from the day after receipt of your product to exercise your right of withdrawal, without having to justify your decision or provide a specific reason.

To do this, you can fill out the standard withdrawal form with the content indicated below and send it to us by post or email to the following address: [email protected].

Sincerely,
[Name, First Name]
[Address]
[Date]
[Signature]'.

It is necessary to be able to prove the exercise of your right of withdrawal within the time limits and in accordance with the legal procedures in force.

Once we have received your withdrawal request, we will immediately send you a confirmation by email accompanied by a prepaid return voucher.

You must return the product within a maximum of fourteen (14) days following the sending of your declaration of withdrawal, including the return slip provided as well as the barcode label associated with the product, to the following address:

TOPAKETA
41 Avenue du Général Leclerc
75014 Paris

The product must be returned in its original packaging or other suitable packaging, and in an undamaged, new, unworn and unwashed condition. Returns are free.

In accordance with Article L.221-24 of the Consumer Code, we will refund your order in full, including the initial delivery costs, excluding any customs duties and taxes remaining at your expense, upon receipt of the returned products or upon your providing us with proof of shipment, whichever is the earliest.

The refund will be made via the same payment method used when placing your order.

Finally, in application of article L.221-23 of the Consumer Code, you may be liable in the event of deterioration or depreciation of the returned product.