BAKUGY
Registered trademark of the company BAKOUGIE
Head office: 4 Route des gardes, 92190 Meudon
Email: boutique@bakougie.fr
Applicable from 05/01/2023
These General Terms and Conditions of Sale (hereinafter "GTC") apply to BAKOUGIE brand products. They prevail over all other conditions, except those expressly accepted by BAKOUGIE.
Article 1: Purpose
The purpose of these General Terms and Conditions is to define the terms and conditions under which BAKOUGIE provides the Customer with the online sale and delivery of well-being products (in particular candles, boxes, etc.) marketed under the BAKOUGIE brand.
Article 2: Acceptance of the general conditions of sale
The placing of an order for BAKOUGIE Products by the Customer is carried out exclusively following the online subscription procedure offered on the website: www.bakougie.fr (hereinafter, the “Site” or the “Website”).
These General Terms and Conditions only apply to purchases made by Customers located in France (including Corsica) and Monaco and delivered exclusively within French territory. For any delivery outside France, please send a message to the following address:
Any order placed by the Customer on the Website implies prior and unreserved acceptance of these General Terms and Conditions.
The Customer declares that they have read these General Terms and Conditions, accessible on the website, in the "General Terms and Conditions" section, and have accepted them by clicking on the place indicated prior to confirming their online order. They are binding on them in accordance with the terms of Article 1119 of the Civil Code.
The applicable T&Cs are those in effect on the day the Customer's order is validated on the Site. BAKOUGIE reserves the right to unilaterally modify its T&Cs; in this case, they will be applicable as soon as they are posted online, which the Customer declares to have been fully informed of and accepts without reservation.
The Customer may print these General Terms and Conditions or save them to their computer in PDF format. A copy may also be sent to them by email or post upon simple request via the following email address: It is specified that they are available to the Customer whether or not they place an order on the Site.
Article 3: Description of Products
Each Product offered on the BAKOUGIE Site is the subject of a description which presents the essential characteristics of the selected product.
As the Products are manufactured by hand, the photographs or graphic representations used to illustrate the products have no contractual nature.
Consequently, the liability of the company BAKOUGIE cannot be incurred by the Client on this basis.
Article 4: Precautions for use with certain Products
Average burn time for 150g candles, 1 wick: 30h
Eco-friendly vegetable soy wax. Not tested on animals and pesticide-free, the wax emits no smoke or toxic or polluting substances during combustion. It is a renewable, biodegradable resource that cleans easily with warm water and without any solvents. The slow burning of soy wax guarantees excellent fragrance reproduction and a bright flame.
Cotton and linen fiber wick, waxed.
Parfums de Grasse, 100% made in France and meeting the recommendations of IFRA (International Fragrance Association), CLP CE N°1907/2006 and European cosmetic regulation 1223/2009/CEE.
For your safety, keep candles out of reach of children and pets.
Never leave a candle unattended, keep your candles away from any flammable objects (curtains, paper, books, etc.) and always remember to extinguish it before leaving your room.
Place your candles away from drafts to avoid any risk of fire.
Do not handle the lit candle and wait until it cools before touching it.
Use your candle in intervals of 3 to 4 hours maximum to avoid hollowing or intense liquefaction on the surface, you will thus optimize the lifespan of the wax and therefore of the candle.
Article 5: Availability of Products
The Products presented by BAKOUGIE on the Website are available while stocks last.
In the event of unavailability of one or more Products after placing the order, the Customer will be notified by email to the email address provided.
If the order is completely unavailable, the Customer will be notified by email to the address provided and will be fully reimbursed for the sums paid to BAKOUGIE for said order.
Article 6: Order taking
To order a product on the Site, the Customer must follow the following steps:
Select the products you wish to order and add them to your cart by clicking on “Add to cart”.
Access your shopping cart by clicking on “View cart” or on the “Shopping cart” item.
On the “Basket” page the Customer can:
Remove items from your cart
Enter your PROMO code (promotional code) if you have one
View the summary of your basket, including the promotions applied
Once in the basket, to move on to the next step, the Customer must click on “Confirm my order”.
The Customer is automatically redirected to a “Checkout” form which the Customer must complete.
This form contains "mandatory" information, necessary for the identification of the Customer and the delivery of their order (last name, first name, delivery and billing address, telephone number, email address, etc.). This information is indicated on the Site by an asterisk (*).
This form also includes “optional” information that the Customer is not required to complete in order to place an order on the Site (information not marked with an asterisk).
The information thus communicated must be, at all times, complete, accurate and up-to-date.
BAKOUGIE cannot be held responsible for the consequences of any errors in entering this information by the Customer. BAKOUGIE reserves the right, where applicable, to request confirmation from the Customer (by any means) of the information they provide and their identity.
To proceed to the next step, the Customer must then click on “I have read and accept the general conditions” and on “Payment with Mercanet”.
The Customer is then redirected to the payment provider's transaction platform where they choose their payment method, enter their banking information and confirm their payment.
Once the Customer has validated and paid for his order, (i) he is automatically redirected to a page of the Site on which the Company confirms his order, (ii) at the same time, the Customer receives an email from the Company acknowledging receipt of his order and providing him with an order number as well as a summary of his order.
The Customer must carefully check the contents of their basket before confirming their order because, after payment confirmation and unless they exercise their right of withdrawal as provided for in Article 11 below, no modification of the order, nor exchange, nor refund can be made by BAKOUGIE.
The Customer can follow the stages of processing and shipping of their order at any time in their Customer area “My Account”.
Article 7: Price
The applicable price for BAKOUGIE Products is the price in effect at the time the Customer's order is placed. Prices listed on the Website are in euros, inclusive of all taxes. Applicable duties and taxes are added at the rate in effect on the day of invoicing.
The prices indicated do not include delivery costs (calculated based on the weight of the Products and the packaging of the order, handling and postal costs), invoiced in addition, and indicated on the order form, before validation of the order.
The prices of the Products are subject to change by BAKOUGIE at any time; this change will be clearly indicated on the Website.
Article 8: Payment terms
The sale price of the Products is paid in full at the time of ordering. To pay for their order, the Customer has the choice of all the payment methods made available by BAKOUGIE, as listed on the Website, namely: ApplePay, Bank cards.
BAKOUGIE reserves the right to suspend any order processing and/or delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. BAKOUGIE reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress. BAKOUGIE has implemented an order verification procedure intended to ensure that no person uses another person's bank details without their knowledge.
As part of this verification, the Customer may be asked to send a copy of an identity document and proof of address to BAKOUGIE by email. The order will then only be validated after receipt and verification by BAKOUGIE of the documents sent.
Payments made by the Customer will only be considered final after actual collection of the sums due by BAKOUGIE.
Late payment or non-payment of the order by the Customer gives rise to the invoicing of a fixed compensation for recovery costs of 40 euros and late payment interest of an amount equal to three times the legal interest rate, automatically applicable to unpaid amounts from their due date.
Article 9: Delivery of Products
Delivery means the transfer of the Products to the delivery address indicated by the Customer. It is only carried out after confirmation of payment by the BAKOUGIE banking institution.
BAKOUGIE Products are delivered using the “Colissimo / relay point” shipping method, within an average of 7 working days, i.e.:
Any order placed on the site will be shipped within 7 working days (i.e. excluding weekends, public holidays, vacations and other exceptional leave)
Each candle being made by hand, BAKOUGIE does everything possible to respond to each of your requests as quickly as possible.
BAKOUGIE cannot be held responsible by the Customer in the event of a delivery problem which is not its responsibility.
BAKOUGIE will take special care with packages containing fragile products.
The Products are delivered to the address indicated by the Customer on the form completed when placing the Order. Any package returned to BAKOUGIE due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense.
During transport, the risks of destruction, loss or damage to the product(s) are borne by the Company (without prejudice to any possible recourse that the latter may have against the carrier responsible for carrying out the delivery).
The transfer of risks and ownership of the Products is made on the date of delivery of the Products to the delivery address indicated by the Customer. Delivery is understood to mean the handing over of the order to the Customer or their agent at the address indicated on the order form.
If at the time of delivery, the original packaging is damaged, torn, or open, the Customer must then check the condition of the items. If they have been damaged, the Customer must refuse the package and note, on the delivery slip, in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.). The verification is considered to have been carried out as soon as the Customer, or a person authorized by him, has signed the delivery slip without reservation.
If the products need to be returned to BAKOUGIE, they must be the subject of a return request (by email) to BAKOUGIE within two (2) working days following delivery, attaching photos establishing the Customer's claims. Any claim made after this deadline will not be accepted. The return of the product will only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Returns are made at the Customer's expense. As soon as BAKOUGIE notes the defect justifying the return, BAKOUGIE will reimburse the return costs by bank transfer upon presentation of proof of payment. BAKOUGIE hereby informs the Customer that reimbursement times depend on the processing times of files by La Poste.
Article 10: Right of withdrawal
In accordance with the provisions of the Consumer Code, the Customer has a period of fourteen (14) working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of return costs which remain the responsibility of the Customer.
The right of withdrawal may be exercised online, using the withdrawal form available on the Website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the Customer. Any other method of declaring withdrawal, in particular via the website's contact form, is accepted. It must be unambiguous and express the desire to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the order will be fully refunded based on the price of the product(s) purchased.
Returns are made at the Customer's expense, within 15 days of notifying BAKOUGIE of their decision to withdraw. The BAKOUGIE product(s) must be in their original condition (packaging, accessories, instructions, etc.) allowing them to be resold and be accompanied by the purchase invoice.
The refund will be made within 14 days of receipt by BAKOUGIE of the Products returned by the Customer under the conditions provided above.
Damaged, soiled or incomplete products will not be accepted.
In accordance with the provisions of Article L.221-28 of the Consumer Code, the Customer may not exercise his right of withdrawal for Products made according to his specifications or personalized.
Article 11: Guarantee of conformity – Guarantee of hidden defects
The Customer declares to be fully informed and accepts that he/she will not be able to return a Product free from defects, nor hold BAKOUGIE liable on the grounds, for example, that the texture, smell or appearance of the Product (Candles included) does not suit him/her.
BAKOUGIE guarantees the conformity of BAKOUGIE products. Consequently, the Customer may, where applicable, make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the item sold within the meaning of Articles 1641 et seq. of the Civil Code.
Article 12: Responsibilities
BAKOUGIE makes its best efforts to implement all means of supervision and intervention in order to ensure, in accordance with professional practices and the rules of the art, the supply of the Products.
BAKOUGIE can only be held liable in the event of proven fault. In any event, BAKOUGIE cannot be held liable for damages suffered by the Customer and related in particular to:
to non-compliant use of the Products by the Customer with the provisions hereof, applicable regulations or best practice;
to any incident or interruption in the delivery of the Products caused by an incident/breakdown occurring on the distribution networks and/or on the hardware and software of the Customer or a third party.
In the event that BAKOUGIE's liability is incurred as a result of a breach of one of its obligations under these terms, compensation will only apply to direct, personal and certain damages, namely the amount of the order, to the express exclusion of compensation for any consequential damages or losses, whether commercial losses, operating losses and turnover losses or loss of data or brand image.
In any event, the amount of compensation will be limited to the amount owed by the Customer under the Contract.
Article 13: Force majeure – Unforeseeable event
The Company's contractual obligations will be suspended automatically and its liability released in the event of the occurrence of a force majeure event (as this term is defined by Article 1218 of the Civil Code and by case law, as well as exceptional bad weather, natural disasters, floods, fires, general strikes on a national scale, attacks, legal restrictions on the provision of postal services and, generally speaking, decisions of an administrative authority) likely to prevent the production or delivery of the Order.
Furthermore, the Company cannot be held responsible for any interruption of connection, server failure, electrical or other problems related to the Internet computer network.
Article 15: Data Protection Act
Use of personal data
BAKOUGIE is the sole recipient of the personal data collected.
Transmission of personal data to a third party
BAKOUGIE only transmits a Customer's data to a third party in the following cases:
The Client has given prior consent to the sharing of information (for example for a special event);
BAKOUGIE must share this information with its distributors, service providers, and in particular its technical service providers for the service subscribed to by the Customer (for example for the Product delivery service);
BAKOUGIE receives a request from a judicial authority or any administrative authority authorized by law requesting the communication of this information in accordance with the legislative provisions in force.
BAKOUGIE makes every effort to ensure the confidentiality and security of personal data collected during their transmission to the aforementioned persons.
Retention of personal data
The Client's personal data is kept for 3 years from the last time they browse the Site.
Cookies and the Customer's electronic identification data are kept for a period of 13 months from their collection.
Security of personal data
BAKOUGIE makes its best efforts to protect the Client's personal data against damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.
BAKOUGIE's computer systems are equipped with a data encryption system and a software protection device. Physical and electronic backup procedures for data collected on the Website are implemented, in accordance with current legislation relating to the protection of personal data.
BAKOUGIE makes every effort to ensure that its employees who, due to their position, have access to personal data, undertake to maintain the utmost confidentiality in this regard.
However, BAKOUGIE does not control the risks associated with the operation of the Internet and draws the user's attention to the existence of possible risks in terms of occasional data losses or breaches of confidentiality of data transmitted via this network. The information provided on the Website may be interrupted due to cases of force majeure or beyond the control of BAKOUGIE or events beyond its responsibility.
Rights of individuals regarding personal data collected
In accordance with the applicable regulations in force on the protection of personal data, the Client has the following rights regarding his data:
A right of access, rectification, portability, limitation of processing and erasure;
A right to limit and object to processing for legitimate reasons;
The possibility of transmitting instructions in order to organize the fate of said data (retention, deletion, communication to third parties, etc.) in the event of death.
These rights can be exercised by a request by email or by post to the contact details below:
BAKUGY
Address
Email: boutique@bakougie.fr
In order for BAKOUGIE to satisfy this request, the user must send the elements necessary for their identification: surname, first name, e-mail, postal address as well as a copy of their identity card.
Article 15: Intellectual property
The content of the Website (technical documents, drawings, photographs, etc.) and the Products remains the property of BAKOUGIE, the sole holder of intellectual property rights to this content.
The Client undertakes not to make any use of this content other than for personal use; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of this right, of which the Client declares to be fully informed.
Article 16: Validity
If one or more provisions of this Agreement are declared null and void pursuant to a law, regulation or following a final decision of a competent court, this provision shall be deemed severable from this Agreement. The other provisions of the Agreement shall be deemed valid and shall remain in force, unless one of the parties demonstrates that the invalidated provision is of an essential and determining nature without which it would not have entered into the contract.
Article 17: Language of the contract
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 will be authentic in the event of a dispute.
Article 18: Applicable law
This contract is governed by French law.
Article 18: Disputes
In the event of a dispute relating to the formation, interpretation or execution of this contract, the parties will attempt in good faith to find an amicable solution. To this end, the most diligent party will notify the other party, by Registered Letter with Acknowledgment of Receipt, of the subject of the dispute. The parties will then undertake negotiations with a view to resolving their dispute amicably, if necessary with the assistance of a third party that they will designate by mutual agreement. Such an amicable solution, if successful, will take the form of a contract or an amendment to this contract.
If no solution is found within fifteen (15) days from receipt of the aforementioned Registered Letter with Acknowledgment of Receipt, the dispute will be brought by the most diligent party before the competent courts under the conditions of common law.
Article 19: Election of domicile
For the execution of this contract, the parties elect domicile at their respective addresses/head offices.
Any change of address of one of the Parties must be notified to the others by Registered Letter with Acknowledgment of Receipt. Failing this, the notification made to the address indicated at the top of this Contract shall be deemed to have been validly made.
