BAKOUGIE
Registered trademark of the company BAKOUGIE
Head office: 4 Route des gardes, 92190 Meudon
Email: boutique@bakougie.fr
Applicable from 01/05/2023
These General Conditions of Sale (hereinafter “CGV”) apply to BAKOUGIE brand products. They prevail over all other conditions, with the exception of those expressly accepted by BAKOUGIE.
Article 1: object
The purpose of these General Terms and Conditions is to define the conditions and terms 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 Customer places an order for BAKOUGIE Products 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 concern purchases made by Customers located in France (including Corsica) and Monaco and delivered exclusively on French territory. For any delivery outside France, you should 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 to have read these T&Cs, accessible on the website, in the “T&Cs” section, and to have accepted them by clicking in the place indicated prior to validating their online order. They are enforceable against him in accordance with the terms of article 1119 of the Civil Code.
The applicable General Terms and Conditions are those in force on the day the Customer's order is validated on the Site. BAKOUGIE reserves the right to unilaterally modify its General Terms and Conditions; in this case, they will be applicable as soon as they are posted online, of which the Customer declares to have been fully informed and which he accepts without reservation.
The Customer has the option of printing these General Terms and Conditions or saving them on their computer in PDF format. A copy can also be sent to him 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 he places an order on the Site.
Article 3: Description of the Products
Each Product offered on the BAKOUGIE Site is the subject of a description which presents the essential characteristics of the selected product.
The Products being manufactured in an artisanal manner, the photographs or graphic representations used to illustrate the products have no contractual nature.
Consequently, the liability of the BAKOUGIE company cannot be incurred by the Customer on this basis.
Article 4: Precautions for use with certain Products
Average burning time for 120ml candles, 1 wick: 30h
Average burning time for 500ml candles, 3 wicks: 70h
Eco-responsible vegetable soy wax. Not tested on animals and without pesticides, the wax does not emit any smoke or toxic or polluting substances during combustion. It is a renewable, biodegradable resource, which is easily cleaned with hot water and without any solvent. The slow consumption of soy wax guarantees excellent restitution of scents and a luminous flame.
Cotton wick, waxed, with untreated paper core.
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. They contain CMRs whose presence is regulated.
For your safety, keep candles out of reach of children and animals.
Never leave a candle unattended, keep your candles away from any flammable object (curtain, paper, book, etc.) and remember to always 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 for it to cool before touching it.
Use your candle in increments of 3 to 4 hours maximum to avoid digging or intense liquefaction on the surface, you will thus optimize the life 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 they have provided.
If the order is completely unavailable, the Customer will be notified by email to the address they provided and will be fully reimbursed for the amounts 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 the basket by clicking on “Add to basket”.
Access your basket by clicking on “View basket” or on the “Basket” item.
On the “Basket” page the Customer can:
Remove items from your cart
Enter your PROMO code (promotional code) if you have one
See the summary of your basket, including the promotions applied
Once in their basket, to move on to the next step, the Customer must click on “Confirm my order”.
The Customer is automatically sent 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 (surname, first name, delivery and billing address, telephone number, email address, etc.). This information is indicated on the Site by a star (*).
This form also includes “optional” information that the Customer is not required to complete to place an order on the Site (information not marked with a star).
The information thus communicated must be, at all times, complete, accurate and up to date.
BAKOUGIE cannot be held responsible for the consequences of possible errors in entering this information by the Customer. BAKOUGIE reserves the right, where applicable, to ask the Customer for confirmation (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 he chooses his payment method, indicates his banking information and confirms his 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. order and providing him with an order number as well as a summary of his order.
The Customer must carefully check the contents of his basket before validating his order because, after validation of payment and unless he exercises his right of withdrawal as provided for in article 11 below, no modification of the order, nor exchange, no refund can be made by BAKOUGIE.
The Customer can follow the stages of processing and shipping their order at any time in their “My Account” Customer area.
Article 7: Price
The applicable price of BAKOUGIE Products is that in effect at the time the Customer's order is registered. The prices appearing on the Website are indicated in euros, all taxes included. Applicable duties and taxes are added to the rate in effect on the day of billing.
The prices indicated do not take into account delivery costs (calculated according to 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 may be modified by BAKOUGIE at any time; this modification 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 the order. To pay for his order, the Customer has, at his choice, all the payment methods made available to him by BAKOUGIE, as they appear on the Website, namely: ApplePay, Bank cards.
BAKOUGIE reserves the right to suspend any order management and/or any delivery in the event of refusal of authorization for 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 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 the bank details of another person without their knowledge.
As part of this verification, the Customer may be asked to send by email to BAKOUGIE a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by BAKOUGIE of the parts 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 billing of a lump sum compensation for recovery costs of 40 euros and late payment interest in an amount equal to three times the rate. of legal interest, 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 organization.
BAKOUGIE Products are delivered using the “Colissimo / relay point” shipping method, within an average time 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 holidays)
As each candle is 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 the occurrence of a delivery problem which is not the responsibility of the Customer.
Particular care will be taken by BAKOUGIE to the package containing fragile products.
The Products are delivered to the address indicated by the Customer on the form completed during 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 recourse that the latter may have against the carrier responsible for making the delivery).
The transfer of risks and ownership of the Products occurs on the date of delivery of the Products to the delivery address indicated by the Customer. Delivery means the delivery of the order into the hands of the Customer or his agent at the address indicated on the order form.
If at the time of delivery, the original packaging is damaged, torn or opened, 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 note, in the form of handwritten reservations accompanied by his signature, any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.). The verification is considered to have been carried out when the Customer, or a person authorized by him, has signed the delivery note 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 complaint made after this deadline cannot be accepted. The return of the product can 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 detects the defect justifying the return, BAKOUGIE will, upon presentation of proof of payment, reimburse the return costs by bank transfer. BAKOUGIE already informs the Customer that the reimbursement times depend on the processing times of the 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 their order to return any item that does not suit them 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 can 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 contact form on the website, is accepted. It must be unambiguous and express the desire to retract.
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 following notification to BAKOUGIE of its decision to withdraw. The BAKOUGIE product(s) must be in their original condition (packaging, accessories, instructions, etc.) allowing re-marketing 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 for above.
Damaged, soiled or incomplete products will not be returned.
In accordance with the provisions of article L.221-28 of the Consumer Code, the Customer cannot 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 cannot return a Product free of defects, nor hold BAKOUGIE liable on the grounds, for example, that the texture, odor or visual appearance of the Product (Candles included) does not would not suit him.
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 with a view to ensuring, in accordance with professional practices and the rules of the art, the supply of the Products.
BAKOUGIE can only be held liable in the case of proven fault. In any event, BAKOUGIE cannot be held responsible for damage suffered by the Customer and linked in particular to:
non-compliant use of the Products by the Customer with the provisions hereof, the applicable regulations or the rules of the art;
any incident or interruption in the delivery of Products caused by an incident/failure 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 following a failure to fulfill one of its obligations hereunder, compensation will only apply to direct, personal and certain damages, namely the amount of the order, with the express exclusion of compensation for any consequential damages or losses, whether commercial losses, operating losses and turnover or loss of data or brand image.
In all cases, the amount of the repair will be limited to the amount owed by the Customer under the Contract.
Article 13: Force majeure – Fortuitous event
The Company's contractual obligations will be automatically suspended 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, national general strikes, attacks, legal restrictions on the provision of postal services and, in general, decisions of an administrative authority) likely to prevent the production or delivery of the Order.
In addition, the Company cannot be held responsible for a connection interruption, server failure, electrical or other problems linked to the Internet computer network.
Article 15: IT law and freedoms
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 for 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 delivery service of the Products);
BAKOUGIE receives the 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 the best efforts to ensure the confidentiality and security of personal data collected during their transmission to the aforementioned persons.
Retention of personal data
The Customer's personal data is kept for 3 years from their last navigation on the Site.
Cookies and the Customer's electronic identification data are retained for a period of 13 months from their collection.
Security of personal data
BAKOUGIE makes its best efforts to protect the Customer's personal data against damage, loss, misappropriation, intrusion, disclosure, alteration or destruction.
BAKOUGIE's computer systems are notably equipped with a data encryption system and a software protection system. 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 its best efforts to ensure that its employees who, due to their role, have access to personal data, commit to the greatest confidentiality in this regard.
However, BAKOUGIE does not control the risks linked to the operation of the Internet and draws the user's attention to the existence of possible risks in terms of occasional loss of data or breaches of the confidentiality of data transiting via this network. The information offered on the Website may be interrupted for cases of force majeure or beyond the control of BAKOUGIE or for facts not falling within its responsibility.
Rights of individuals regarding personal data collected
In accordance with the applicable regulations in force on the protection of personal data, the Customer has access to his data:
A right of access, rectification, portability, limitation of processing and erasure;
A right of limitation and opposition for legitimate reasons to the processing;
The possibility of transmitting directives in order to organize the fate of said data (conservation, erasure, communication to third parties, etc.) in the event of death.
These rights can be exercised by request by email or by post to the contact details below:
BAKOUGIE
Address
Email: boutique@bakougie.fr
In order for BAKOUGIE to satisfy this request, the user must send the elements necessary for their identification: name, 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 owner of the intellectual property rights to this content.
The Client undertakes not to make any use other than personal of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting, of which the Customer declares to be fully informed.
Article 16: Validity
If one or more provisions of this Contract is declared void in application of a law of a regulation or following a final decision of a competent court, this provision is considered severable from this Contract. The other provisions of the Contract are considered valid and remain in force, unless one of the parties demonstrates that the canceled provision has an essential and decisive character 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 help of a third party whom 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 right.
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 is deemed validly made.
