GENERAL TERMS AND CONDITIONS OF SALE

 

In effect as of 25/11/2025

 

 

ARTICLE 1 - Scope

 

These General Terms and Conditions of Sale (referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client") wishing to acquire the products offered for sale ("The Products") by the Seller on the site bowella.fr. The Products offered for sale on the site are as follows:

 

Hair accessories

 

The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity of the Products, are presented on the site bowella.fr, which the client is required to be aware of before ordering.

The choice and purchase of a Product are the sole responsibility of the Client.

The offers for Products are subject to availability, as specified at the time of placing the order.

 

These General Terms and Conditions are accessible at any time on the site bowella.fr and will prevail over any other document.

The Client declares that he has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site bowella.fr.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows:

Clara Masson

18 rue du Tenaison 38120 St Egreve

SIRET number: 903 062 271 00015

Email: contact.bowella@gmail.com

Phone: 0759908151

 

ARTICLE 2 - Prices

 

The Products are provided at the current rates listed on the site bowella.fr, at the time of the order being recorded by the Seller.

Prices are expressed in Euros, excluding VAT and including VAT.

The rates take into account any discounts that may be granted by the Seller on the site bowella.fr.

These rates are firm and non-revisable during their validity period, but the Seller reserves the right, outside the validity period, to change the prices at any time.

 

Prices do not include processing, shipping, transport, and delivery fees, which are charged additionally, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these fees.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

 

ARTICLE 3 – Orders

 

It is the Client's responsibility to select on the site bowella.fr  the Products he wishes to order, according to the following terms:

The Client chooses a Product that he puts in his cart, a Product that he can delete or modify before confirming his order and accepting these general terms and conditions of sale. He will then enter his details or log into his account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the Client according to the specified terms.

 

Product offers are valid as long as they are visible on the site, within the limits of available stock.

The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to report any errors immediately.

Any order placed on the site bowella.fr constitutes the formation of a contract concluded at a distance between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute regarding the payment of a previous order.

The Client can track the progress of their order on the site.

 

ARTICLE 4 - Payment conditions

 

The price is paid through secure payment, according to the following terms:

·        payment by credit card

 

The price is payable in full by the Client on the day the order is placed.

 

Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider involved for banking transactions made on the site bowella.fr.

 

Payments made by the Client will only be considered final after actual collection by the Seller of the amounts due.

The Seller will not be obliged to deliver the Products ordered by the Client if the Client does not pay the full price under the conditions indicated above.

 

ARTICLE 5 - Deliveries

 

The Products ordered by the Client will be delivered in metropolitan France or in the following area(s):

europe.

 

Deliveries occur within a preparation period of 7 working days and 2 to 6 working days for delivery to the address indicated by the Client when placing their order on the site.

Delivery consists of the transfer to the Client of physical possession or control of the Product. Unless in special cases or unavailability of one or more Products, the ordered Products will be delivered all at once.

The Seller agrees to make its best efforts to deliver the products ordered by the Client within the specified timeframes above.

 

If the ordered Products have not been delivered within 4 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be resolved at the written request of the Client under the conditions provided in articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded to them no later than fourteen days following the date of termination of the contract, excluding any compensation or retention.

 

Deliveries are carried out by an independent carrier, to the address provided by the Client at the time of the order and to which the carrier can easily access.

When the Client has taken it upon himself to call upon a carrier of his own choosing, delivery is deemed to have been made as soon as the ordered Products are handed over by the Seller to the carrier who has accepted them without reservations. The Client therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in case of failure to deliver the transported goods.

 

In case of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to a specific additional billing, based on a quote previously accepted in writing by the Client.

The Client is required to check the condition of the delivered products. He has a period of 30 days from the delivery to make claims by email to contact.bowella@gmail.com, accompanied by all relevant supporting documents (notably photos). After this period and failing to comply with these formalities, the Products will be deemed compliant and free from any apparent defect, and no claim can be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at his expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTC.

 

The transfer of the risks of loss and deterioration related to it will only take place at the moment the Client physically takes possession of the Products. The Products therefore travel at the Seller's risk and peril unless the Client has chosen the carrier himself. In this respect, the risks are transferred at the moment the good is handed over to the carrier.

 

ARTICLE 6 - Transfer of ownership

 

The transfer of ownership of the Seller's Products to the Client will only be completed after full payment of the price by the latter, regardless of the delivery date of said Products.

 

ARTICLE 7 - Right of withdrawal

 

According to the provisions of article L221-18 of the Consumer Code «
For contracts providing for the regular delivery of goods over a defined period, the period begins from the receipt of the first good. »

The right of withdrawal can be exercised online, using the attached withdrawal form also available on the site or any other unambiguous statement expressing the intention to withdraw, notably by postal mail addressed to the Seller at the postal or email coordinates indicated in ARTICLE 1 of the GTC.

Returns must be made in their original and complete condition (packaging, accessories, manual...) allowing for their resale as new, accompanied by the purchase invoice.

Damaged, soiled, or incomplete Products are not accepted for return.

Return shipping costs remain the responsibility of the Client.

The exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Client under the conditions provided in this article.

 

ARTICLE 8 - Seller's Liability - Guarantees

 

The Products supplied by the Seller benefit from:

·        of the legal conformity guarantee, for defective, damaged, or non-conforming Products,

·        of the legal guarantee against hidden defects resulting from a defect in material, design, or manufacturing affecting the delivered products and rendering them unfit for use,

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

« The seller is obliged to deliver a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions, or installation when the latter has been placed under their responsibility by the contract or has been carried out under their responsibility. »

Article L217-5 of the Consumer Code

« The good is in accordance with the contract:

1° If it is suitable for the usual expected use of a similar good and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in light of the public statements made by the seller, by the producer or by their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement of the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. »

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is subject to a two-year limitation period from the delivery of the good.”

Article 1641 of the Civil Code.

“The seller is liable for the warranty due to hidden defects of the sold item that render it unfit for the use for which it is intended, or that diminish this use so much that the buyer would not have acquired it, or would have given it a lower price, if he had known them.”

Article 1648 paragraph 1 of the Civil Code

“The action resulting from hidden defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the Consumer Code.

“When the buyer requests the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, a restoration covered by the warranty, any immobilization period of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the availability for repair of the good in question, if this availability is subsequent to the request for intervention.”

In order to assert its rights, the Client must inform the Seller, in writing (email or mail), of the non-compliance of the Products or the existence of hidden defects from the time of their discovery.

The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the charged rate and return costs will be refunded upon presentation of receipts.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and no later than 30 days following the Seller's discovery of the non-compliance or hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,

in case of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in the case of normal wear of the Product, accident or force majeure.

·        The photographs and graphics presented on the site are not contractual and cannot engage the Seller's liability.

The Seller's warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.

 

ARTICLE 9 - Personal data

 

The Client is informed that the collection of their personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the delivery of the Products. This personal data is collected solely for the execution of the sales contract.

 

9.1 Collection of personal data

The personal data collected on the site bowella.fr is as follows:

 

Order of Products:

When the Client orders Products:

Names, first names, postal address, phone number, and email address.

 

Payment

As part of the payment for the Products offered on the site bowella.fr, it records financial data related to the Client's bank account or credit card.

 

9.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the effectiveness of the sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are):

·        Transport service providers

·        Payment service providers

 

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and as of May 25, 2018, of Regulation 2016/679 on the protection of personal data.

 

9.4 limitation of processing

Unless the Client expresses their express consent, their personal data is not used for advertising or marketing purposes.

 

9.5 Data retention period

The Seller will retain the data collected for a period of 5 years, covering the duration of the statute of limitations for contractual civil liability applicable.

 

9.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

 

9.7 Implementation of the rights of Clients and users

In accordance with the regulations applicable to personal data, Clients and users of the site bowella.fr have the following rights:

·        They can update or delete the data concerning them in the following ways:

Contact the company.

·        They can delete their account by writing to the email address indicated in article 9.3 "Data Controller"

·        They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data Controller"

·        If the personal data held by the Seller is inaccurate, they may request the update of the information by writing to the address indicated in article 9.3 "Data Controller"

·        They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in article 9.3 "Data Controller"

·        They can also request the portability of the data held by the Seller to another provider

·        Finally, they can object to the processing of their data by the Seller

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by email to the Data Controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In case of refusal to grant the Client's request, it must be justified.

The Client is informed that in case of refusal, they can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or take legal action.

The Client may be asked to check a box indicating that they agree to receive informative and advertising emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

 

ARTICLE 10 - Intellectual property

 

The content of the site bowella.fr is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement.

 

ARTICLE 11 - Applicable law - Language

 

These General Terms and Conditions and the operations arising therefrom are governed by and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.

 

ARTICLE 12 - Disputes

 

For any claims, please contact customer service at the postal address or email of the Seller indicated in ARTICLE 1 of these General Terms and Conditions.

The Client is informed that they can in any case resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.

In this case, the designated mediator is

CNPM Consumer Mediation

3 rue J. Constant Milleret 42000 SAINT-ETIENNE

https://www.cnpm-mediation-consommation.eu/

E-mail: CECM-SECRETARIAT[@]dgccrf.finances.gouv.fr.

The Client is also informed that they can also resort to the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from the purchase and sale operations concluded under these GTC that have not been subject to an amicable settlement between the seller or through mediation will be submitted to the competent courts under common law conditions.

 

Created on https://www.legalplace.fr

 

ANNEX I

Withdrawal Form

 

 

Date ______________________

 

This form must be completed and returned only if the Client wishes to withdraw from the order placed on bowella.fr except for exclusions or limitations on the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

Attention: Clara Masson

26 chemin de ratier, 38760 St Paul de Varces, France

I hereby notify the withdrawal from the contract concerning the item below:

-  Order of (indicate the date)

-  Order Number: ...........................................................

-  Client's Name: ...........................................................................

-  Client's Address: .......................................................................

 

 

Client's Signature (only in case of notification of this form on paper)