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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 BOLLYMARKET company, which is the owner of the site.
It is agreed that the term "bollymarket.com" herein refers to BOLLYMARKET 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 BOLLYMARKET 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
BOLLYMARKET
Registered Office: 62 Rue Oberkampf - 91100 Corbeil-Essonnes - France
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.
5.3 Order confirmation
Customers receive an order confirmation email, which summarises the details of the items ordered.
Orders will only be accepted after payment has been processed.
BOLLYMARKET reserves the right to cancel or refuse an order from a Customer in the following instances:
- in the event of a payment irregularity with the order;
- in the event of a payment dispute relating to a previous order placed on the Website;
- in the event of suspected fraud, based primarily on frequent complaints and/or returns by the Customer relating to previous orders;
- in the event of repeated infringement of the right to exercise withdrawal conditions relating to previous orders (products worn, washed and/or damaged);
- in the event of an obvious error in the price displayed on the product and/or in one of the product features;
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
Customers are responsible for checking that the delivery matches their order and immediately notifying us of any errors. Customers are also responsible for checking the condition of the Products delivered. Any package with obvious irregularities (damage, product on the purchase order missing, damaged or open package, faulty product, etc.) at the time of its delivery or collection by the Customer must be the subject of a complaint sent to the customer service team within three (3) days of the delivery or collection date, using this form: https://www.bollymarket.com/en/contact-us
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.
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.
If one or more Products are not available after an order has been placed, BOLLYMARKET will notify the Customer by email as soon as possible with details on when the Product(s) will be available again or with confirmation that they are not available. If a Product is unavailable or if the Customer abandons the purchase, the order for that Product will automatically be cancelled and the corresponding amount refunded using the same method of payment as that used for placing the order.
10. Cooling Off Period
In accordance with Article L.221-18 of the Consumer Code, the Customer has fourteen 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 14 days.
To exercise your right to withdraw, you must inform BOLLYMARKET of your decision to withdraw using the downloadable form HERE or in a clear, unambiguous statement posted to 62 Rue Oberkampf, 91100 Corbeil-Essonnes, France, or emailed to info@bollymarket.com.
You may also complete and send the online form directly to our customer service team via this link
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
All Products are covered by the legal guarantee of conformity (Articles L217-4 et seq of the French Consumer Code) and guarantee against hidden defects (Articles 1641 et seq of the French Civil Code), which allow Customers to return defective and non-compliant delivered Products free of charge.
14.1 Legal guarantee of conformity
Article L 217-4 of the French Consumer Code:
"The seller is obliged to deliver goods that conform to the contract and is liable for any non-conformity existing at the time of delivery. The seller is also liable for any non-conformity resulting from the packaging, assembly instructions or installation when this is imposed by the contract or has been carried out under its responsibility."
Article L 217-5 of the French Consumer Code:
"In order to comply with the contract, goods must:
1. Be fit for the normal use expected for such goods and, where applicable:
- match the description given by the seller and possess the qualities the seller presented to the purchaser in the form of samples or designs;
- offer qualities that a purchaser may legitimately expect given the public declarations made by the seller, producer or representative, particularly in advertising and on labels;
2. Or offer the characteristics established by common accord between the parties or be fit for any special use sought by the purchaser which is communicated to the seller and which the latter has accepted."
Article L 217-12 of the French Consumer Code:
Any action resulting from non-conformity must occur within two (2) years of the date the goods were delivered.
With regard to the legal guarantee of conformity, Customers:
- have a two-year period from delivery of the Product to take action against BOLLYMARKET, the seller;
- can choose between repair or replacement of the Product, subject to the cost conditions set out in Article L 217-9 of the French Consumer Code;
- are exempted from providing proof of the Product's non-conformity during the two (2) years following delivery of the Product.
The legal guarantee of conformity applies independently of any commercial guarantees granted. The Customer may decide to invoke the guarantee against hidden defects in the Product sold pursuant to Article 1641 of the French Civil Code. In this instance, the Customer may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
Under the legal guarantee of conformity, BOLLYMARKET undertakes, in accordance with the Customer's choice:
- either to repair the Product;
- or to replace the Product with an identical product subject to stock availability;However, pursuant to Article L 217-9 of the French Consumer Code, the Company may not proceed in accordance with the Customer's choice if this choice has a demonstrably higher cost than the other method, taking into account the value of the goods or the extent of the defect. The Company is then obliged to proceed in accordance with the method not chosen by the Customer, unless this proves impossible.
Moreover, pursuant to Article 217-10 of the French Consumer Code, if it proves impossible to repair or replace the Product or if the requested, proposed or agreed solution pursuant to the above paragraph cannot be delivered within one month of the complaint date, the Company may:
- either refund the price of the Product along with any shipping and return costs if a replacement proves impossible;
- or provide the Customer with the details of the Product manufacturer or distributor.
14.2 Guarantee against hidden defects
Article 1641 of the French Civil Code:
"The seller is liable for the warranty of any product sold with hidden defects that make it unsuitable for the use for which it was intended or which affect this use to such an extent that the purchaser would not have bought it or would not have paid that price had he/she been aware of them."
Article 1648, paragraph 1 of the French Civil Code:
"The action resulting from an insurmountable defect must be initiated by the purchaser within two (2) years of the date the defect is discovered."
15. Liability
Bollymarket.com's products conform to current European legislation.
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 BOLLYMARKET products on the bollymarket.com site shall be governed in accordance with the laws of France.
19. Personal Data
BOLLYMARKET collects personal data about their Customers on the Website, including via cookies. The Customers can deactivate the cookies by following the instructions provided by the navigator.
The data collected by BOLLYMARKET are used to process orders placed on the WEBSITE, to manage the Customer’s account, to analyse orders and, if the Customer has chosen this option, to send them marketing emails, newsletters, promotional offers and/or information about sales, unless the Customer no longer wishes to receive these messages from BOLLYMARKET.
The Customer’s data are stored confidentially by BOLLYMARKET, which covers the contract and its execution and is in accordance with the law.
The Customers may unsubscribe at any time by logging in to their account or by clicking on the hyperlink provided at the bottom of each offer received by email.
The data may be shared, in whole or in part, with the BOLLYMARKET service providers that intervene in the order process. For commercial reasons, BOLLYMARKET can send their trading partners the names and contact details of their Customers, providing that the latter have given their prior consent when signing up to the WEBSITE.
BOLLYMARKET will specifically ask the Customers if they wish for their personal data to be shared. The Customers may change their minds at any time by contacting BOLLYMARKET. BOLLYMARKET may also ask their Customers if they wish to receive commercial offers from their partners.
In compliance with French law no. 78-17 of 6th January 1978 regarding data protection, the Customer has the right to access, to correct, to oppose (for legitimate reasons) and to delete their personal data. They may exercise this right by sending an email to the following address: info@bollymarket.com or by sending a letter to BOLLYMARKET - 62 RUE OBERKAMPF - 91100 CORBEIL-ESSONNES - FRANCE.
It is specified that the Customer must be able to prove their identity, either by scanning a proof of identity document, or by sending a photocopy of their proof of identity document to BOLLYMARKET.
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
21. Mediation
In accordance with the provisions of Article L.616-1 and R.616-1 of the French Consumer Code, the Customer is advised that in the event of a complaint not being settled amicably with the BOLLYMARKET customer service team, and with the Customer having started written proceedings less than a year ago without a satisfactory outcome, he/she may access a mediation service free of charge.
To this end, CNPM - MEDIATION - CONSOMMATION is the entity retained, whose contact details are: 23 rue Terrenoire, 42100 SAINT ETIENNE - http://cnpm-mediation-consommation.eu.
To view the Mediator terms of referral, Customers are invited to visit https://www.cnpm-mediation-consommation.eu/processus-de-saisie-du-mediateur-de-consommation.php.
In accordance with European Regulation no. 524/2013, Customers may also use the online dispute resolution platform at: https://ec.europa.eu/consumers/odr/.