Terms of Sales

These General Terms and Conditions of Sale aim to define the contractual relations between the Seller and the Customer as well as the conditions applicable in the context of the use of the site and the sale of products on the site. They apply, without restriction or reservation, to all sales of products offered by the company Buci on its site.

Introduction

Last updated: June 26, 2022

The website www.buci-paris.com is the exclusive property of the company Buci Sas. Buci is a simplified joint stock company registered in the Paris Trade and Companies Register under number B 898 996 426 with its registered office at 101 RUE DE SEVRES in the sixth arrondissement of Paris.
She can be contacted by email (bonjour@buci-paris.fr).

These General Conditions of Sale shall take precedence over any other document, any other general or specific conditions, unless otherwise agreed in writing by Buci.

In accordance with the regulations in force, the Seller reserves the right to deviate from certain clauses of these General Conditions of Sale, depending on the negotiations conducted with the Customer, by establishing Specific Conditions of Sale.

The Seller may, in addition, be required to establish General Conditions of Sale by Category, derogating from these General Conditions of Sale, depending on the type of clientele considered, determined from objective criteria. In this case, the General Conditions of Sale by Category apply to all operators meeting these criteria.

Any order for Products placed on the site implies acceptance of all of these General Conditions of Sale, which the Customer acknowledges having read, understood and accepted with full knowledge of the facts.

Article 1 — Scope of application

These General Conditions of Sale apply to all sales concluded with professional buyers in the context of their activity and non-professional buyers, with a delivery address in mainland France and Corsica but also abroad (European Union, Switzerland, Great Britain, United States), regardless of the clauses that may appear on the Customer's documents, and in particular its General Conditions of Purchase.
It is specified that the sale of Products outside the geographical perimeter is possible but is done at the discretion of the Seller. In this case, contact from the Seller by email is necessary, the ordering procedure on the website not being possible outside the geographical perimeter.

By placing an order on the site, the Customer declares that they are of legal age and fully capable of entering into a contract.

By these General Conditions of Sale, the Customer prohibits any purchase for resale, within the meaning of article L 110-1 of the Commercial Code.

The Seller reserves the right to modify these General Conditions of Sale at any time, without notice; such modifications will be inapplicable to orders previously accepted and confirmed by the Customer. It is, however, agreed that the Conditions applicable to the Customer will be those in force on the date of his order on the site.

Article 2 — Definitions

The terms used, both in the plural and the singular, in these General Conditions of Sale have the following meaning:

• “Customer” means any adult natural or legal person, individual or professional, with the capacity to contract, ordering on the Seller’s website.

• “General Conditions of Sale” means these General Conditions of Sale, the purpose and conditions of application of which are defined in the preamble and in article 1.

• “Order” means any acceptance by the Customer of the offers of Products made by the Seller via the website. It is usefully demonstrated by the online payment of the Products chosen by the Customer.

• “Order Confirmation” means the confirmation by the Seller, sent by email and including the summary of the sale.

• “Party(ies)” means individually or collectively the Seller and the Customer.

• “Product(s)” means the Products offered for sale on the website.

• “Seller” means the company Buci, identified in the preamble.

• “Sale”, “Purchase” or “Contract” means each contract for the sale of Products resulting from the placing of an order by the Customer, accepted by the Seller through the website.

• “Website” means the online sales site accessible at the address www.buci-paris.fr published by the Seller.

Article 3 — Information on the site and accessibility of the site

The site is open to all users of the Internet network in principle accessible 24/24h, 7/7d, except interruption, scheduled or not, by the company Buci or its service providers, for the needs of its maintenance or in cases of force majeure. Buci cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the site.

Buci does not guarantee that the site will be free of anomalies, errors or bugs, nor that the site will operate without breakdown or interruption. In this regard, it may freely determine at its sole discretion any period of unavailability of the site or its content. Buci cannot be held responsible for data transmission problems, connection or network unavailability.

Article 4 — Products

The Products offered for sale are presented on the Seller's website in the dedicated section, on the day the Customer consults the website, within the limit of available stocks. These details are automatically updated in real time. Under no circumstances is a product displayed in a photograph necessarily marketed on the Seller's website. In accordance with Article L111-1 of the Consumer Code, the Seller is required to inform the Customer and enable them to know the essential characteristics of the Product.

The Customer placing an order declares to have read the details of the Products indicated on the product page or, failing that, to have contacted customer service. It is specified that the photographs, graphics and descriptions of the Products offered on the site are for information purposes only and do not fall within the contractual scope. The Seller undertakes to ensure that the photographic representation of the Products on the website is as faithful as possible to the Products themselves. However, given the digital presentation method of the Products on the internet, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the Product itself, which the Customer admits and acknowledges.
If errors or omissions were found concerning the presentation or description of the Products, the Seller cannot be held liable. The Products comply with current French and European regulations, in particular those relating to the composition of the Products, in that they comply with the health and safety of consumers.

The Seller reserves the right to modify the offer proposed on its website at any time. It is therefore likely to modify the Products offered for sale on its website at any time without informing the Customer in advance and without prejudice to orders placed by the Customer. The Seller reserves the right to modify the design, manufacture, materials or any other element of its Products at any time and to notify the Customer by updating its website. The information on the website on the day of the order is the authentic information. Any order constitutes acceptance of the characteristics of the Products offered for sale.

Article 5 — Orders

Placing an Order on the site is subject to compliance with the procedure set up by Buci on its website, comprising successive stages leading to validation of the Order.

To be able to place an Order, the Customer must confirm the choice of model and provide their delivery and payment information.

The Customer makes his selection by browsing the site. The selections are added to the basket by clicking on "Add this product to the basket". At any time while browsing the site, the Customer can validate his order by clicking on "Validate my order". The registration of an order on the website is carried out when the Customer accepts these General Conditions of Sale and validates his order by clicking on the "Validate my order" icon. This validation constitutes proof of the sales contract.
It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the website constitutes the formation of a contract concluded remotely between the Customer and the Seller.
Sales are only complete after express acceptance in writing of the Customer's Order by the Seller, who will ensure in particular the availability of the Products requested, materialized by sending an email to the Customer. In the event of receipt of an order for which a Product is unavailable at the time of delivery, the Seller undertakes to notify the Customer as quickly as possible and to offer them a new delivery date or a refund within a maximum of 14 days after the order. Any changes requested by the Customer, which must be notified in writing to the Seller, may be taken into account, within the limits of the Seller's possibilities and at its sole discretion.

In the event of non-payment or partial payment of any amount owed by the Customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site, including in the event of previous orders, the Seller reserves the right to suspend or cancel any order execution. The Seller also reserves the right to cancel an order or suspend it for internal reasons (out of stock, withdrawal of products, disruption of the logistics service, etc.). It also reserves the right to refuse an order that is abnormal (for example on the quantities ordered). The Customer will be reimbursed for the costs incurred on this order but will not be able to claim any compensation.

When ordering, it is the Customer's responsibility to ensure the accuracy of the information provided to the Seller on the site, in particular the accuracy of the email address used to receive the order confirmation email, for which he is solely responsible. The Customer is required to update this information in the event of a change.
The Seller will archive orders and order confirmations on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1379 of the Civil Code.

Article 6 — Prices

Prices are displayed in Euros excluding and including all taxes, at the VAT rate applicable in France, on the day of payment. The sale price is due upon ordering. The Products will be invoiced at the price and rate in effect when the order is finally registered. The prices indicated include the order processing costs. The Customer declares that they have read the price indicated on the site and mentioned in their basket when ordering and accepts the charge. The Seller reserves the right to modify its prices at any time, without informing the Customer in advance, it being understood, however, that the prices presented on the Seller's site on the day of the order will be the only ones applicable to the Customer.

The transport and delivery costs applied are those indicated on the site at the time of the order. The delivery costs are borne by the Customer. The transport costs will be invoiced in addition to the price of the Products purchased, depending on the options chosen by the Customer, and will be indicated before the order is registered by the Customer.

In the case of a shipment outside the European Union, taxes may be charged upon receipt of your package. These taxes, which depend on the country, remain your responsibility. We cannot inform you of their exact amount. The price does not include any customs fees due when the package arrives at its destination or insurance costs which remain the responsibility of the Customer and are his responsibility.

Article 7 — Payment

7.1 Payment terms

The price is payable in full and in a single payment on the day the order is placed by the Customer.

The order can be paid by all means available and offered on the site, in particular:

• By credit card (Carte Bleue, VisaCard and Mastercard). It is specified that the Seller has signed a distance selling contract with his banking institution. The banking transaction is secure, the Seller will not keep any of the Customer's banking information. The Seller offers online payment, which is completely secure. Payment data is exchanged in encrypted mode using the protocol: Stripe protocol certified PCI Service Provider Level 1

The Seller reserves the right not to offer certain payment methods depending on the delivery address.
The Customer guarantees to the company that he has the necessary authorizations to use the chosen payment method for the payment of his order and that these means of payment legally give access to sufficient funds to cover all costs resulting from his order on the site. The Seller cannot be held responsible for any fraudulent use of the means of payment used.
In any event, if payment for the order has not reached the Seller within 24 hours of the order being placed, the Seller reserves the right to cancel the order.
The Seller reserves the right to suspend the execution of the order or to cancel it (resolution) in the event of refusal by the banking institution holding the Customer's bank account to validate or execute the payment corresponding to this order or if it proves to be or is suspected of being fraudulent. Any attempt to pay by a means other than those offered on the site when ordering and the loss of this means of payment (check or cash for example) does not engage the liability of the Seller.

The Seller does not assume any costs attributable to a monetary transaction.

The Customer agrees to receive the invoice for his order only in electronic form at the address he has provided, upon receipt of payment by the Seller.

In the event of late payment and payment of the amounts due by the Customer beyond a period of 24 hours after the payment date appearing on the invoice sent to the latter, late payment penalties are applicable to the unpaid amount including tax appearing on the invoices:

For non-professional Customers, late payment penalties of an amount equal to the legal interest rate are applicable to the unpaid amount including tax appearing on invoices after formal notice.

For professional Customers, late payment penalties of an amount equal to the legal interest rate increased by ten points are applicable automatically, without formalities or formal notice, to the unpaid amount including tax appearing on the invoices.
Furthermore, pursuant to Law No. 2012-387 of March 22, 2012, it is specified that for the Professional Client, in a situation of late payment, he will be automatically liable for a fixed recovery indemnity, the minimum amount of which is 40 euros.

Furthermore, in the event of non-compliance with the payment conditions established by the Seller above, the latter reserves the right to suspend or cancel the delivery of current orders.

7.2 Retention of title clause

In accordance with Articles 2367 et seq. of the Civil Code, the Products are sold subject to retention of title. The Seller retains ownership of the Products until full and effective payment of the price by the Customer. This right of ownership allows the Seller to repossess said Products.

Any deposit paid by the Customer will remain acquired by the Seller as fixed compensation, without prejudice to any other actions which it would be entitled to bring against the Customer as a result.

Article 8 — Codes and promotions

The Seller may issue promotional codes and offers, subject to possible specific conditions of amount, expiration date and availability, for purchases made on the French website.
These codes and offers are valid when issued and for the duration of the promotion or offer. The Seller is not responsible for the validity of codes republished without its permission by third-party sites.

Article 9 — Delivery

9.1 Delivery terms

The different delivery methods are offered in the Customer's basket when placing their Order.

The delivery of the Products will take place, after registration of the payment of the order, to the delivery address indicated by the Customer during the placing of the order in Metropolitan France and Corsica as well as in the countries of the European Union, Switzerland, Great Britain and the United States. An email will be sent to the Customer to announce the shipment of the Products.

The Customer undertakes to provide accurate information on his personal data when ordering. The Customer acknowledges and accepts that only a physical delivery address is valid, excluding any PO box.
Any Product delivered to the delivery address indicated in the order (or any other address confirmed in writing by the Seller) will be considered as delivered and cannot therefore be the subject of a claim for non-delivery. It is not the Seller's responsibility to ensure that the person who received the delivery at the address indicated is indeed the Customer (or a person authorized by the Customer to receive the Product).
By default, the Products are delivered to the Customer's home at the doorstep or at the bottom of the building.

Delivery is provided in France and abroad by an independent carrier chosen by the Seller.

The Customer will bear the delivery costs that he has chosen at the time of his order. Once the package has entered the possession of the carrier, it is no longer possible to request a delay in delivery or any other changes whatsoever concerning the delivery to our customer service.

The Seller reserves the right to send the Products in several deliveries.

Delivery will be made to the address indicated by the Customer. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. The Seller assumes the risks of transport and is required to reimburse the Customer or send him a new Product in the event of damage caused during transport.

The Customer (or, if applicable, the recipient) will formalize his acceptance of the delivery by signing the delivery receipt issued by the carrier. The Customer is required to check the apparent condition of the Products upon delivery. If, upon delivery, the external appearance of the package is not perfect, the Customer or the recipient of the Products will open the package in the presence of the carrier in order to check the condition of the Products. In the event of damage resulting from transport, the Customer must refuse the damaged Products and indicate "refusal due to damage" on the return slip.
In the event of an apparent defect in the package, the Customer must make any reservations and complaints that appear justified by mentioning them on the delivery note presented to him.
It will be up to the Customer, if necessary, to refuse the package.

In the event of a complaint regarding the delivery of the Product, the Customer undertakes to inform the Seller within 10 days, at the following address: BUCI 101 RUE DE SEVRES LOT 1665 75272 PARIS CEDEX 06, E-Mail: bonjour@buci-paris.com

In the event of refusal of delivery or return of the Product for the reasons listed above, the Customer may request a new delivery or cancellation of his order under the conditions provided for in respect of the conformity of the Products.

In the absence of reservations expressly formulated in writing by the Customer within 10 days of delivery, the Products delivered by the Seller will be deemed to comply in quantity and quality with the order.

No claim may be validly accepted in the event of non-compliance with these formalities by the Client.

The Seller will replace as soon as possible and at its own expense, the Products delivered whose lack of conformity has been duly proven by the Customer.
The refund of all sums paid will be ensured by the Seller, according to the payment method of its choice, within a maximum period of 14 days following the date on which the contract was terminated, if and only if the goods returned to the Seller are made in good conditions.

9.2 Delivery times

The delivery time will be indicated to the Customer during the ordering procedure, prior to validation of the order and before payment.
In any event, the maximum delivery time is 15 working days in France and 30 working days abroad from the order of the Product unless otherwise indicated to the Customer before placing the order; this period being counted from the day after validation of the Order. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, this period does not constitute a strict deadline, it is purely indicative and the Seller cannot be held liable in the event of a delay in delivery not exceeding 15 days for deliveries in France and 30 days for deliveries abroad. The Seller cannot be held liable under any circumstances in the event of a delay or suspension of delivery attributable to the Customer or in the event of force majeure.
Under the conditions provided for in Article L216-2 of the Consumer Code, the Customer may cancel the sale in the event of a delay in delivery not attributable to the Customer, exceeding 15 working days for delivery in France and 30 working days for delivery abroad.

In order to meet the deadlines, the Customer must ensure that they have provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

9.3 Delivery costs

The delivery costs of the Products are indicated prior to validation of the order.
The “standard” delivery costs are the responsibility of the Customer, including any (applicable customs) taxes that may be required from the Customer by customs services in the event of a cross-border or international purchase. The delivery costs are also the responsibility of the Customer if he chooses a delayed standard delivery.

Customs or import taxes may be requested upon arrival of an order in its destination country. It is the recipient's responsibility to pay customs clearance fees, customs duties and other local taxes of the destination country.
In the case of delivery outside the European Union or to the French Overseas Territories, the Customer is considered the official importer and is required to comply with the regulations of the country where the goods are received.
Since the Seller has no control over these taxes, the recipient may not under any circumstances request any compensation or reimbursement from the Seller relating to costs incurred in the destination country.

Article 10 — Transfer of ownership & transfer of risks

The transfer of ownership of the Products will only be made after full payment of the price by the Customer in accordance with Article 2367 of the Civil Code. In the event of non-payment on the due date, the Seller may claim the Products and terminate the sale at the Customer's expense and risk in accordance with the provisions of Article 7.2.

Regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only be carried out at the time when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.

Article 11 — Right of Withdrawal

In accordance with the provisions of Articles L.221-5 et seq. of the Consumer Code, the Customer has a period of 14 calendar days to exercise his right of withdrawal, without having to provide a reason or incur penalties. This period begins to run from the receipt of the Product by the Customer.

Returns must be made according to the Seller's instructions below in their original condition (in their original box and packaging) and complete (accessories, instructions, etc.), in perfect condition allowing them to be put back on the market in new condition, accompanied by the purchase invoice. The bracelets must not have been worn, otherwise the leather will be damaged and they will not be suitable for sale.
Products returned incomplete, damaged, spoiled or soiled by the Customer will not be accepted.

The right of withdrawal may be exercised in advance by email to the following address: bonjour@buci-paris.com A withdrawal form will then be sent to the Customer. It must be returned to Buci. In this event, Buci will immediately send the Customer an acknowledgement of receipt on a durable medium. Where applicable, any other unambiguous statement expressing the desire to withdraw may be accepted.

In the event of exercising the right of withdrawal within the aforementioned period, only the price of the Product(s) purchased will be refunded; the return costs will be borne by the Customer.
The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Customer under the conditions set out in this article.

Article 12 — Limited Edition/Pre-orders

The sale of these limited editions will be subject to specific treatment compared to other Products which will be marketed on the site.

Delivery times for its editions and series will be longer than the usual delivery times specified in Article 9. These specific times will be indicated to the Customer during the ordering or pre-ordering procedure, prior to validation of the order and before payment.

As part of the launch of the first “Garde-temps” series, delivery times will be exceptionally extended and should occur no later than 12/31/2022. The Customer declares to have read the delivery time for the “Garde-temps” series and accepts its conditions.
Orders and Pre-orders in this context may be settled according to the payment terms stipulated in article 7 hereof.
Except for the specific delivery time stipulated above, the other general conditions of sale stipulated herein also apply to “limited edition series” Products.

Article 13 — Return

The Customer is required to contact the Seller at the following address: bonjour@buci-paris before the withdrawal period expires.

The Seller provides the Customer with a form to complete by email.
The Customer sends 4 photos of the Product to the address mentioned above so that the Seller can certify the good condition of the Product. It is specified that in the event of a defect, the Customer is required to send the Seller photos of the product showing the defect by email. The request is processed by the Seller within 5 working days from the sending of the photos and the written return request by email.
The return of the Product is accepted by the Seller on the condition that the Product is returned in its original condition, in its original box and packaging, and complete (accessories, instructions, etc.), in perfect condition, without damage, allowing them to be put back on the market in new condition, accompanied by the purchase invoice. Products returned incomplete, damaged, spoiled, soiled by the Customer are not accepted.

To protect the item during transport, the Customer will carefully place the product in its original box and its original packaging or in suitable cardboard packaging (do not use a paper envelope) and send it to the company Buci 101 RUE DE SEVRES LOT 1665 75272 PARIS CEDEX 06, complete (accessories, etc.), accompanied by the warranty certificate, the instructions for use and the invoice with the return slip. The Seller reserves the right to refuse the return in the event of non-compliance with the instructions above. The Customer is responsible for preparing the Product for which he is requesting a return.

As the costs and risks of transport are the responsibility of the sender, it is reminded that the items can only be returned by registered parcel or by declared value shipment, in accordance with the regulations.

The return of the Product will be at the Customer's expense.
The return costs will be borne by the Seller if they are related to a defect in the Product, except for areas located outside Metropolitan France and Corsica. On the other hand, in the event of a return related to a decision or personal reasons of the Customer (problem of size, color, aesthetics, etc.) the return costs remain the responsibility of the Customer.

Article 14 — Reimbursement

The Customer will be refunded when the Seller confirms receipt of the Product and the Seller notes that there is no damage to the Product.
Subject to the perfect condition of the returned Product, the refund of all sums paid will be made by the Seller using the same means of payment used by the Customer when ordering, unless the Customer expressly agrees to use another means of payment provided that the refund does not incur any costs for the Customer (within a maximum period of 15 working days from the date on which the Customer informs the Seller of his decision).

Article 15 — After-sales service

Buci is also available to the Customer to carry out a revision or repair. Buci takes care of repairs of watches sold only on its website.

To benefit from the service, the Customer must send, by post only, the Product with its certificate or invoice, specifying the nature of the repair. The cost of sending the item is the responsibility of the Customer.
A free estimate may be sent to the Customer upon receipt by Buci of the Product. The Customer will then have one month from the date of issue to return their agreement. A 20% deposit may be requested. The work will be carried out after receipt of the accepted estimate within the time specified on the estimate. The Product will be returned to the Customer's address, at the Customer's expense, if the intervention is not feasible or in the event of refusal of the estimate.

Interventions are guaranteed for one year (parts and labor) within the limit of normal use.
In the event of repairs carried out outside of warranty, the cost of returning the repaired item will be borne by the Customer.
For any information relating to a repair outside of warranty, the Customer can send an e-mail to Buci: bonjour@buci-paris.com

In accordance with the law, the Customer has a period of 14 days from the date of signing the “After-Sales Service” quote to withdraw via the withdrawal form.
In the event of withdrawal within this period, Buci will reimburse the Customer for any deposit of 20%, no later than 15 days after receipt of the Customer's decision to withdraw, using the same method of payment as that used for payment, unless otherwise agreed by the Customer. The cost of returning the item will be borne by the Customer.
Beyond the 14-day withdrawal period, any deposit paid by the Customer will remain acquired by the Seller as fixed compensation, without prejudice to any other actions that it would be entitled to bring against the Customer as a result.
In the event of execution, at the request of the Customer, of a repair before the end of the legal withdrawal period, the Customer must pay the amount corresponding to the service provided until the communication of the Customer's decision to withdraw. This amount is proportionate to the total price of the service agreed in the estimate.

Article 16 — Liability

The Seller only has an obligation of means in all stages of access to the site, visit, entry of forms, placing, preparation, delivery of orders, returns of Products and refunds of orders.

The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet and external to the precautions taken by the Seller (computer bug linked to the Customer's connection, force majeure, external intrusion, computer virus, etc.).
The Customer is required to maintain the security of their online transactions by not communicating their username and/or password to anyone, which password must be changed regularly. The Seller cannot therefore be held responsible for the disclosure of information concerning the Customer to any individual who has used their username and/or password, nor for the fraudulent use of this information. It is specified that the Customer's username and password constitute proof of their identity and the payment of the corresponding amounts upon validation of the order.
The Seller may be exonerated from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable to the Customer or to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

Under Article 1218 of the Civil Code, a case of force majeure is considered to be "any event beyond the control of the debtor of a contractual obligation, which could not reasonably have been foreseen at the time of conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing his obligation".
In the event of force majeure, the affected Party shall inform the other Party of the duration and foreseeable consequences, and shall do everything to limit its scope.
To the extent that such circumstances persist beyond 15 days, the Parties will come together to organize the continuation of their commitment. If the Parties are unable to overcome this event and no commitment can be fulfilled, these commitments will then be terminated by either Party by written notification by registered letter with acknowledgement of receipt, without damages.

The Seller shall not be held liable by the professional Customer in the event of improper or abnormal use of the products, use not in accordance with the rules of the art or the assembly and storage instructions.
It is specified that the amount of damages payable by the Seller will be limited to the amount of the sums actually paid by the professional Customer, at the time of the order and the Seller cannot be held liable for any indirect damage.

Article 17 — Warranty

All products sold by the Seller benefit by right, without additional payment, regardless of the right of withdrawal, in accordance with the legal provisions:

the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code, for Products that are apparently defective, damaged or damaged or do not correspond to the order
the legal guarantee against hidden defects, provided for in Articles 1641 et seq. of the Civil Code, arising from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use.

It is recalled that within the framework of the legal guarantee of conformity, the Customer:
– has a period of two years from delivery of the goods to take action against the Seller;
– may choose between repair or replacement of the Product ordered, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code;
– is exempt from providing proof of the existence of the lack of conformity of the Product for 24 months following delivery of the Product.

The legal guarantee of conformity applies independently of the commercial guarantee which may possibly cover the Product.
The Customer may decide to implement the warranty against hidden defects in the Product in accordance with Article 1641 of the Civil Code; in this case, he may choose between the resolution of the sale or a reduction in the sale price in accordance with 1644 of the Civil Code.

The application of the warranty for non-conformity of the Product will take place at no cost to the Customer.

On the other hand, the warranty against hidden defects is excluded in the event of misuse, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the goods or force majeure. This warranty is also excluded in the event of replacement of undamaged parts or in the event of improper handling or abnormal or non-compliant use of the products, namely:

• in the event of deterioration resulting from accidents

• in case of deterioration resulting from lack of care

• in the event of interventions outside Buci services

• in case of deterioration related to water (non-compliance with waterproofing rules -3ATM or 30 meters)

• Please note that this list is not exhaustive.

In order to assert his rights, the Customer must, under penalty of forfeiture of any action relating thereto, inform the Seller, in writing, of the existence of the defects within a maximum period of 15 days from their discovery. The Customer must also send the Seller a sworn statement accompanied by one or more photos of the product.

Buci may replace, repair or refund the Product or parts under warranty deemed non-compliant or defective. If replacement is not possible within one month of the complaint or if the Customer makes a reasoned request, the Customer may request reimbursement of the price of the Product.
The replacement of defective Products or parts will not have the effect of extending the duration of the warranty set out above.

Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's discovery of the lack of conformity or hidden defect. The refund will be made by crediting the Customer's bank account.

Provisions relating to legal guarantees – extracts:

• Article L217-4 of the Consumer Code:
  The seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.

• Article L217-5 of the Consumer Code:
  To comply with the contract, the property must:
  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 in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling
  Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

• Article L217-12 of the Consumer Code:
  The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

• Article L217-16 of the Consumer Code:
  When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a repair 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 from the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

• Article 1641 of the Civil Code
  The seller is liable for the warranty against hidden defects in the item sold which render 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.

• Article 1648 paragraph 1 of the Civil Code
  The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

Article 18 — Written communications

The Customer expressly accepts that contacts with the Seller will be made mainly by electronic means and acknowledges that all contracts, notes, information and other communications provided electronically are in compliance with the legal requirements requiring communications in writing.

Article 19 — Intellectual Property

All elements published on the site (images, photos, texts, videos, presentation, etc.) are the full and entire property of the Seller.

All reproductions and representations of the site, any process, in particular relating to the framing or deep-linking technique, are subject to the express and prior agreement of the Seller. Failure to comply with this obligation constitutes an infringement engaging the civil and criminal liability of its author.
Furthermore, any link, even tacitly authorized, referring to the Buci site or one of its satellite sites, must be removed upon simple request from the company.

The name "Buci" has been registered as a trademark with the European Union Intellectual Property Office. Consequently, any use or reproduction of this trademark by the Customer, for any reason whatsoever, and on any medium whatsoever, not previously authorized by the Seller, constitutes an act of counterfeiting liable to criminal and civil prosecution.

Article 20 — Unforeseen circumstances

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeable circumstances provided for in Article 1195 of the Civil Code for all sales transactions of the Seller's Products to the Customer. The Seller and the Customer therefore each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseeable circumstances provided for therein, undertaking to assume their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their execution proves excessively onerous and to bear all the economic and financial consequences thereof.

Article 21 — Specific execution

By way of derogation from the provisions of Article 1221 of the Civil Code, the Parties agree that in the event of failure by either Party to fulfil its obligations, the Party suffering the failure may not request forced execution.

Article 22 — Exception of non-performance

The Parties expressly declare that they waive the right to rely on the provisions of Articles 1219 and 1220 of the Civil Code and the regime of the exception of non-performance provided for therein. Consequently, they undertake to fully and completely execute these presents even in the event of a breach on the part of one or the other.

Article 23 — Entirety

These General Terms and Conditions of Sale express the entirety of the obligations of the Parties. No indication, document or prior correspondence may give rise to obligations under these General Terms and Conditions if they have not been the subject of an amendment signed by both Parties.

Article 24 — Partial invalidity

If one or more provisions of this document are declared invalid, or declared as such by a competent court, the other provisions will retain their full force and scope.

Article 25 — Applicable law/Language of the contract

By express agreement between the Parties, these General Terms and Conditions of Sale and the purchase and sale transactions resulting therefrom are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text shall be authentic in the event of a dispute.

Article 26 — Disputes

All disputes that may arise between the Parties concerning this contract, its validity, its interpretation, its execution or its termination, their consequences and their consequences will be subject to the jurisdiction of the French courts according to the nature of the dispute.

Furthermore, in accordance with the provisions of Articles L 616-1 et seq. of the Consumer Code, the Consumer Customer has the right to use a consumer mediator, with a view to the amicable resolution of the dispute between him and the Seller. The contact details of one of the competent consumer mediators in this matter are as follows:

FEVAD
60 rue la Boétie, 75008 Paris
www.mediateurFevad.fr

In addition, the Customer has the possibility of using the European Online Dispute Resolution platform, accessible at the following address: http://ec.europa.eu/consumers/odr/.
It is specified that the Client's request for mediation will only be admissible if:

• the Customer first attempted to resolve his dispute directly with the Seller by means of a written complaint;

• the Customer's request is not manifestly unfounded or abusive;

• the Customer's request is submitted within a period of less than one year from the Customer's written complaint;

• the dispute has not previously been considered by another mediator or by a court.

Article 27 — Pre-contractual information and acceptance by the Client

The Customer acknowledges having received, prior to placing his order and concluding the contract, in a legible and comprehensible manner, these General Conditions of Sale and all the information listed in Article L 221-5 of the Consumer Code and in particular the following information:

• the essential characteristics of the Product, taking into account the communication medium used and the Product concerned;

• the price of the Products and additional costs (delivery, for example);

• in the absence of immediate execution of the contract, the date or period by which the Seller undertakes to deliver the Product;

• information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they do not emerge from the context,

• information relating to legal and contractual guarantees and their methods of implementation;

• the functionalities of the digital content and, where applicable, its interoperability;

• the possibility of resorting to conventional mediation in the event of a dispute;

• information relating to the right of withdrawal (existence, conditions, deadline, methods of exercising this right and standard withdrawal form), the costs of returning the Products, the terms of termination and other important contractual conditions;

• the accepted payment methods.

The fact for a natural person (or legal entity) to order on the Seller's website implies full adherence and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against the Seller.