Your terms and conditions of use

 

1. Purpose

The on-line shop available on the www.bollymarket.com site was produced and set up by the ECAN POPCORN company, which is the owner of the site.
It is agreed that the term "bollymarket.com" herein refers to ECAN POPCORN for the purposes of its ownership of the www.bollymarket.com internet website.
The purpose of the present Sales Terms and Conditions is, firstly, to inform any potential consumer, hereafter referred to as "the Customer", about the conditions and procedures surrounding the sale and delivery of products ordered from bollymarket.com, and, secondly, to define the rights and responsibilities of all parties involved in bollymarket.com product sales.
These Sales Terms and Conditions are applicable, without limitation or restriction, to all sales and products available on the "www.bollymarket.com" Internet site.
Accordingly, the act of placing any order for any bollymarket.com product implies full acceptance of the present Sales Terms and Conditions, with which the Customer thereby acknowledges prior acquaintanceship. Moreover, the Customer accepts that s/he has been clearly informed that his/her agreement to the present Terms and Conditions does not depend on any written signature, in that the Customer wishes to order online products made available through a website shop.
We now deliver all over the world. If you country is not in the list when you'll create your account, please contact us
Prior to ordering, the Customer declares that:
- the purchase of bollymarket.com products is in no way linked to his/her professional activity, and is strictly limited to his/her personal use; as a private consumer, the Customer therefore benefits from specific rights, which may be jeopardised should the products or services obtained have any connection with his/her professional activity.
The ECAN POPCORN company, which owns the bollymarket.com site, reserves the right to alter the present Sales Terms and Conditions at any time.

2. The owner of the bollymarket.com site

ECAN POPCORN
Auto-Entrepreneur
Registered Office: 87, Route de lisses - 91100 Corbeil-Essonnes
443 320 429 R.C.S. Evry

3. Entirety.

The present Sales Terms and Conditions document sets out the entire extent of the responsibilities of all parties. In view of that, the Customer is presumed to accept unreservedly all the provisions in these Terms and Conditions. No general or specific condition incompatible with the present Sales Terms and Conditions, appearing in any documentation sent or returned by the Customer, shall add to or modify the present Sales Terms and Conditions.

4. Site Access

Telecommunication and information technology arrangements enabling access to the www.bollymarket.com site are the concern of the Customer.
The Customer is accountable for telecommunication costs incurred when accessing and using the site.

5. Contracts and Orders

5.1 Prices
The sale prices of online products on the www.bollymarket.com site, shown in Euros, are valid at the time the Customer places his/her order. They do not include delivery rates, which are added to the price of purchased goods according to the weight of the order. Delivery rates will be stipulated before the Customer is asked to confirm the order.
Prices are exclusive of value added tax (V.A.T), VAT not applicable, Art. 293 B of The French General Tax Code.
Bollymarket.com reserves the right to alter prices at any time. The Customer will be notified of any such changes prior to ordering.

5.2 Product Description

In accordance with Article L111-1 of the Consumer Code, prior to placing a purchase order, the Customer may check the main features of any products s/he wishes to purchase by consulting the bollymarket.com site.
The Customer may choose one or more products from the different ranges carried by the bollymarket.com site.
Bollymarket.com reserves the right to alter its product range particularly where supply difficulties may arise.
Product and catalogue photographs and illustrations are only an indication and are non-contractual.
In the event that a supplier alters a product, the associated graphics are not the responsibility of bollymarket.com, nor can such graphics invalidate a sale.

5.3 Orders
Any order presupposes the full and unreserved acceptance of the present Sales Terms and Conditions.
After ticking the box marked "I agree with the terms of service and I adhere to them unconditionally" and clicking on the "Confirm" icon to register an order, the Customer is considered to have knowingly and unreservedly accepted the present Sales Terms and Conditions.
The Customer can order:
- by Internet: www.bollymarket.com
The Customer order must be confirmed by bollymarket.com, by email.
The sale will only be considered to be complete once the order confirmation has been sent to the Customer by bollymarket.com and the sale and delivery price has been paid in full to ECAN POPCORN
Bollymarket.com recommends that the Customer keep a record of these documents on paper or on computer.

6. Payment

Payment must be made in full at the time of ordering. At no point shall any amount paid be considered as a deposit or down payment.
All orders are payable in Euros.
The Customer may pay by any of the means featured on the order form : credit cards (debit card, MasterCard, Visa) and cheques (checks) and Girocheques. In the event of payment by cheque (check) or Girocheque made out in Euros but payable by an account held outside French territory, bank charges will be applicable. bollymarket.com will add any such charges to the total bill for the order. The Customer will be notified of this amount on the order screen when choosing a means of payment.
On registering the purchase, the Customer guarantees to bollymarket.com that s/he is authorised as necessary to use the chosen method of payment.
In the event of non-payment of any amount owed by the Customer, or of any adverse payment circumstances, bollymarket.com reserves the right to suspend or cancel any order and/or delivery, whatever their nature or state of progress.
Charges on any unpaid amount will be incurred at the legal interest rate plus 5 percent following a period of ten days from the invoice date, or immediately after notification of rejected bank payment for all other means of payment. Delivery of any new order may be suspended in the event of overdue payment for a previous order, notwithstanding the provisions of the present Terms and Conditions.
Bollymarket.com reserves the right to request a photocopy of the Customer's identity card, as well as proof of address, for all credit card payments. Proof of identity may also be requested in the event of the Customer making a payment by cheque (check).
As part of the fight against Internet fraud, bollymarket.com may pass on Customer order information to third parties for security purposes.

7. Product Choice

After exploring the various features of the products available for sale on bollymarket.com, the Customer takes full responsibility for ensuring that his/her choice of product corresponds to the criteria s/he has established prior to ordering. In addition, the Customer, as user of his/her current equipment, software, configurations and so forth, is the sole judge of their compatibility with any products ordered. It is entirely the Customer's responsibility to seek advice where s/he lacks the necessary expertise.

8. Deliveries and Receipt

8.1 General policy
Products and invoices will be delivered to the address specified by the Customer on the order form, within the geographical limits specified in Article 1 of the present Terms and Conditions.
Bollymarket.com aims to ensure swift delivery and has chosen two deliveries partners:
- "La Poste", using the "Colissimo Suivi" formula, which has the following features: products are delivered to the Customer's address by an employee of La Poste, who will ask the Customer to sign a delivery counterfoil to acknowledge receipt. In the event that the Customer or addressee is absent, s/he will receive a notice advising him/her that La Poste has called. This notice authorizes the Customer to collect his/her goods at his/her local post office, during the following 15 days.
- "CHRONOPOST", using standard and express saver services.

8.2 Delivery problems concerning the transporter
The Customer is responsible for checking, in the presence of the employee of the transporter, the packaging and contents of the order at the time of delivery. Should the Customer have any reservations about the condition or contents of the package, s/he is required to:
- follow the transporter procedure (in particular, to make a note of any damage, and put any remarks or demands for redress in writing) and to reject the merchandise by immediately lodging a statement of complaint with the employee of the transporter;
- inform bollymarket.com of the details of the complaint by recorded delivery letter, within seven days of the goods being rejected, using the address specified in Article 2 of the present Terms and Conditions.
Should the afore-mentioned procedure not be followed, the Customer's demands will be invalidated.

8.3 Receipt
In the event of receipt of goods that do not match the order criteria (faulty or substandard), the Customer must lodge a complaint on the day of receipt (the date on the delivery counterfoil), or on the next working day at the latest. Any claims made after this date will be void.
All claims must be made by recorded delivery letter, using the address specified in Article 2 of the present Terms and Conditions, and must include:
- the Customer's contact details and the date of purchase
- the order number and the invoice number
- the product reference
- the reason for the complaint
After receiving the claim and considering its validity, bollymarket.com will issue the Customer with an return number for the product(s) in question, either by email, fax, or telephone. Product exchange can only take place after the exchange number has been issued to the Customer, via this procedure.
Products returned by the Customer must be sent within seven working days of bollymarket.com's Customer Services issuing the return number.
Unless the above procedure is followed correctly, bollymarket.com will not carry out any exchange or refund of the goods in question.
Any faulty or substandard product intended for exchange or refund, must be returned to bollymarket.com in its original condition and packaging, and must consist of the complete product and all its accessories.
Transport costs will be met by bollymarket.com, except where the exchanged or refunded product does not match the original claim made by the Customer, which led bollymarket.com to issue a return number. bollymarket.com's refund of such transport costs will be limited to the "ColiPoste" tariff available at La Poste (see the www.laposte.fr website for details) and will be reimbursed within 30 days, either by cheque (check) or in the form of a purchase voucher, which can be used for up to 3 months on the www.bollymarket.com site. The form of the refund is entirely at the discretion of bollymarket.com.
Failure to comply with the above procedure and time limits, will invalidate any Customer claim concerning the delivery of faulty or substandard goods, such goods being therefore presumed sound.

8.4 Delivery period
La Poste's "Colissimo Suivi" system delivers from the bollymarket.com warehouse to Metropolitan France within 48 hours on average. This average delivery time may be extended to between 3 and 5 days for EEC countries (not including Greece), and about 7 working days for French Overseas and the rest of the world.
CHRONOPOST delivers in 1 working day to Metropolitan France. For other locations, you have to contact CHRONOPOST : www.chronopost.com
Products are released by bollymarket.com only after the order has been paid in full.
These delivery periods are intended as an indication only.
Delivery delays do not constitute a valid reason for compensation, stoppage or cancellation of Customer orders.
Whatever the case, and in accordance with the provisions of Article L121.20.3 of the Consumer Code, ordered goods must be delivered within 30 days of the date following the order, providing payment has been made in full.
Failure to deliver within this specified time, gives the Customer the right to cancel his/her order. At this time any payment made by the Purchaser will be immediately refunded, with no other compensation taken into consideration.
In the event of a delay in the expected delivery time, the Customer must notify bollymarket.com in writing (post, fax, or email), to assist bollymarket.com in providing the best possible service, and to allow them to make the necessary enquiries at La Poste.
"Colissimo Suivi" and/or CHRONOPOST are very reliable services. However, as in any consignment, there is a risk that delivery will be delayed or that goods may be lost. In the event that delivery exceeds the date indicated in bollymarket.com's email confirming the purchase order, the Customer is requested to notify bollymarket.com of the delay by sending an email to info@bollymarket.com. bollymarket.com will then initiate enquiries at La Poste or CHRONOPOST. A postal enquiry can take 21 days from the start of the procedure. If the product is located during such time, it will be automatically redirected to the delivery address specified by the Customer. If, however, the product is not recovered within 21 days, La Poste considers the item lost. It is only at this point in time that bollymarket.com can issue, at no expense to the Customer, any replacement goods. If the desired goods are no longer available, bollymarket.com will refund the cost of the goods in question. If the goods are still available but have undergone a change in price, bollymarket.com will put the new price into effect, either by refunding the Customer the difference, in the form of a cheque (check), or by requesting that the Customer provide a supplementary cheque (check) to cover the price gap. bollymarket.com accepts no liability concerning prolonged delivery periods due to the transporter, in particular in the event of product loss or strikes.

9. Product Availability

Bollymarket.com's offers in terms of products and prices are valid while visible on the site and while stocks last. For products that are not stocked in bollymarket.com depots, offers are valid while supplier stocks last. Information about product availability is given on the product information pages on the site. As this information comes directly from bollymarket.com's suppliers, any errors or unusual modifications are beyond bollymarket.com's control and bollymarket.com cannot be held responsible for them. In the event that an order is placed for an unavailable product, bollymarket.com will inform the Customer by email as soon as possible. The Customer may then request an order cancellation or exchange, by emailing: info@bollymarket.com
When payment has been made by cheque (check), and all or part of the order is unavailable, payment will be refunded, at bollymarket.com's discretion, either by crediting the Customer's bank account or by issuing a cheque (check), within 30 days of the original Customer payment.

10. Cooling Off Period

In accordance with Article L121-20 of the Consumer Code, the Customer has seven clear days starting from the delivery date, in which s/he may return the goods, at his/her own expense, for exchange or refund.
Such products must be returned to bollymarket.com in perfect condition, in their original state (packaging, accessories, instructions…), duly sealed.
In particular, the seal on products such as Blu-ray, DVDs and CDs, must not have been broken, otherwise the Customer will not be able to benefit from the cooling off period.
Any goods that are incomplete, spoilt, damaged or have been tampered with will not be exchanged or refunded.
Under no circumstances must the goods be returned before the return number has been issued by bollymarket.com Customer Services.
No charges will be incurred by the return of products during the cooling off period, other than the transport costs payable by the Customer.
In the event that the Customer avails him/herself of the cooling off period to return his/her goods, bollymarket.com will make all necessary efforts to refund the Customer within 15 days. However, the refund may take up to 30 days, particularly when technical inspection is entailed.
Such refunds will be credited to the Customer's bank account where initial payment was made by credit card, and in all other cases by cheque (check).

11. General refund policy

In accepting a refund from bollymarket.com, the Customer pledges not to obstruct or contest the transaction in question, through his/her bank or any other means. This pledge shall be binding for the period of a year following the date of reimbursement.
The Customer hereby acknowledges that any breach of this pledge will make him/her liable for repayment of the unlawfully obtained funds, without prejudice to any damages or interest, which may be claimed by bollymarket.com.

12. Property rights

All products remain the exclusive property of bollymarket.com until such a time as payment of sale price, delivery charges and taxes has been made in full.

13. Restrictions applicable to software

The Customer pledges to respect the licensed conditions of use in all software and software packages, as set out by the software and software package manufacturers.
The Customer is prohibited from engaging in any activity that may infringe the copyright of the software and the software packages, or the rights of bollymarket.com as a distributor.

14. Guarantee

In accordance with Article 4 of Statute n 78-464 of 24th March 1978, the provisions of the present Terms and Conditions in no way affect the Customer's legal warranty, which states that the retailer must guarantee the Customer against any latent product defect.
The Customer is hereby notified that the ECAN POPCORN company, owner of bollymarket.com, is not the manufacturer of the products available through the website, in the terms of Law n 98-389 of 19th May 1998, relating to liability for defective goods.
Thus, in the event of damage or injury to a person or object caused by a product defect, the Customer may seek redress from the legally responsible manufacturer only, on the basis of the information featured on the said product's packaging.


15. Liability

Bollymarket.com's products conform to current European legislation. bollymarket.com accepts no liability for non-fulfilment of contracts due to stock shortages or product unavailability, force majeure, disruption or partial or total strikes particularly in the postal, transport and/or communications sectors.
Bollymarket.com is not liable for any indirect damage or injury resulting from product purchase.
Bollymarket.com accepts no liability for any loss of data or files. It is the Customer's responsibility to undertake all necessary saves.
Total or partial inability to use any products, notably due to equipment incompatibility, is not the responsibility of bollymarket.com, nor does it constitute a valid reason for any compensation or refund.
Bollymarket.com's website also features third party content, and links to other sites. bollymarket.com is in no way liable for any damage or injury resulting from the use of, access to, or inability to use third party content.

16. Severability

In the event that any provision in the current General Terms and Conditions is found invalid or held to be such by any legal or regulatory body, or any court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and the other provisions shall remain valid and binding.

17. Waiver

The failure of a party to pursue any breach of any of the provisions of the Terms and Conditions hereof shall not be construed as a waiver either of such provisions or the
right thereafter to enforce each and every such provision.

18. Governing Law

Sales of ECAN POPCORN products on the bollymarket.com site shall be governed in accordance with the laws of France.

19. Information Technology and Rights

Information obtained by bollymarket.com during the course of Customer orders is necessary to the management of such orders by bollymarket.com and its commercial partners. In accordance with French law governing information technology and rights (n 78-17, January 6th 1978), the Customer retains the right to access, rectify, cancel and remove any personal data disclosed to bollymarket.com.
Customers may receive commercial offers from organisations and businesses via
bollymarket.com, or be informed of bollymarket.com deals. In the event that customers wish not to receive these promotions, they may inform bollymarket.com by post to ECAN POPCORN - 87, ROUTE DE LISSES - 91100 CORBEIL-ESSONNES, FRANCE, or by e-mail to info@bollymarket.com

20. Order Status and Customer Services

Customers can trace the progress of their order directly by connecting to www.bollymarket.com and consulting "My Orders" in the personal account section.
For any other information, customers are invited to contact Customer Services by emailing: info@bollymarket.com