CGV | Bim Bam Bloom

★ ARTICLE 1 - PREAMBLE:

The website https://bimbambloom.com/ (hereinafter the “Website”) is open to any user of the Internet network.

The Website is hosted by the company SHOPIFY COMMERCE FRANCE, a simplified joint stock company, registered with the Paris Trade and Companies Register under number 902 633 577, whose head office is located at 75, Rue de Rome in Paris (75008).

These General Terms and Conditions of Sale are concluded between BIM BAM BLOOM (hereinafter referred to as “we”, “our”, “us”) and any Consumer (hereinafter referred to as “you”, “your”, “yours”), wishing to place an Order for Products on the Website (hereinafter referred to as the “These”, “General Terms and Conditions of Sale” or “GTC”).

Online sales on the Website are not accessible to Professionals. These General Conditions of Sale are therefore not applicable to them.

Any professional is free to contact us by connecting to our Distribute Us page or by email at: hello@bimbambloom.com.

★ ARTICLE 2 - DEFINITIONS:

“General Conditions of Sale” or “GCS”: means the General Conditions of Sale, defining the rights and obligations of the Parties in the context of sales made and the Services offered on the Website https://bimbambloom.com/ ;

“Consumer”: means any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity;

“Professional”: means any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name of or on behalf of another professional;

“Product”: means all items offered for sale by BIM BAM BLOOM in the Seller’s catalog accessible on the following Website https://bimbambloom.com/ ;

“Order”: means the purchase of a Product on the Website https://bimbambloom.com/ ;

“Delivery Time” means the period between the date of Validation of the Order and the date of Delivery of the Order to the Customer. The delivery times appearing on the Website are given for information purposes only;

“Product Price”: the unit value of a good that appears in the Seller’s catalog. This value is inclusive of all taxes (except in the case of shipping outside the EU or to the French Overseas Territories) and excluding Delivery Costs;

“Delivery”: shipment of the Order to the Buyer;

“Delivery Costs” means the costs associated with the routing and delivery of the Order to the delivery address indicated by the Customer or to the selected relay point;

“Website” or “Site” means an online sales site accessible at the following URL: “ https://bimbambloom.com/ ”.

★ ARTICLE 3 - GENERAL PROVISIONS:

3.1. Scope of application

The purpose of these General Terms and Conditions is to define the terms of distance selling applicable to any purchase made through the Website.

They are only applicable to Products ordered, delivered and invoiced in France, Europe, the United States, Canada, the United Kingdom, Switzerland and the French Overseas Territories.

These General Terms and Conditions, written in French, specify in particular the various steps necessary for placing your Order, the payment and delivery methods as well as the tracking of your Order.

These Terms prevail, where applicable, over all declarations, prior negotiations, commitments of any nature, communications, oral or written, acceptances and prior agreements entered into and over your own conditions of purchase or other conditions.

3.2. Pre-contractual information

You acknowledge having received communication, prior to placing your Order, in a clear and comprehensible manner, of these General Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code. In particular the following information:

the essential characteristics of the Products;
the price of the Products and additional costs (delivery, for example);
the date or period by which the Seller undertakes to deliver the Product;
information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
information relating to legal guarantees and their methods of implementation;
the possibility of resorting to the consumer mediator;
the time limit and terms for exercising the right of withdrawal, in accordance with Articles L.221-18 and L.221-28 of the Consumer Code.

3.3. Acceptance of the General Conditions of Sale

You acknowledge that validation of the Order constitutes irrevocable acceptance, without restriction or reservation, of these General Terms and Conditions and obligation to pay for the Products ordered.

This acceptance is materialized by checking the box “By checking this box, I accept the General Conditions of Sale” when validating the Order.

3.4. Modification of the General Conditions of Sale

We reserve the right to modify these General Terms and Conditions at any time. It is agreed that in the event of modification, the version of the General Terms and Conditions applicable to any Order is that appearing on the Website on the day the Order is placed.

★ ARTICLE 4 - PRODUCTS:

The Products offered are those which appear on the Website at the following address: https://bimbambloom.com/ .

The Products and accessories offered on the Website are intended for your personal use.

Consequently, any resale, rental, provision for payment, partial or total, of the Product(s) to third parties, individuals or professionals is prohibited.

The main characteristics of the Products, bringing together all the substantial information required by the applicable regulations and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Website in the product sheets.

Prior to each Order, you are required to refer to the description of each Product in order to know its properties, essential features and delivery times.

The selection and purchase of a Product is your sole responsibility.

The photographs appearing on the Website are for information purposes only and do not constitute a contractual commitment on our part, guaranteeing perfect similarity between the Product ordered and the Product represented, in particular with regard to colours, materials and dimensions.

These differences cannot be interpreted as defects of conformity and result in the cancellation of the sale.

The Products are offered while stocks last.

In the exceptional event of unavailability after placing the order, we will inform you as soon as possible and offer you:

Either the provision of a substitutable model of equivalent quality and price, capable of replacing the Product ordered. To this end, we leave it to you to communicate the desired model to us by first checking its availability by selecting “Choose size”;

Either cancellation of the order and reimbursement within fourteen (14) working days from validation of the order.

★ ARTICLE 5 - ORDERS:

All Product Orders are made through the online catalog accessible on the Website.

It is expressly specified that any Product Order made on the Website is an order with payment obligation.

Any Order constitutes acceptance of the description of the Products and the prices in effect on the day the order is placed.

To order a Product, you must validate the various stages of placing the Order, namely:

Add the selected Product(s) to your shopping cart by clicking on “ADD TO CART”;
Select cart;
Confirm your Order by selecting the “PROCEED TO PAYMENT” tab;
Choose an express payment method or enter your email address;
Enter your delivery address;
Select the delivery method;
Choose the payment method and, if applicable, enter your payment details;
Accept these General Conditions of Sale;
Confirm your Order and payment by selecting the “PAY NOW” tab.

The Order will only be definitively registered upon final validation of the Order summary screen.

Registration of the Order entails recognition and acceptance of these General Conditions of Sale, and the waiver of your right to rely on your own conditions of purchase or other conditions.

You will be sent a summary email confirming your Product Order. You therefore formally accept the use of email for confirmation of the contents of the Order.

The sale will only be considered final after sending a summary email confirming the Order and after actual receipt of payment by our services.

We reserve the right to refuse any Order for legitimate reasons, in particular in the event of a dispute relating to the payment of a previous Order or if we have reason to suspect that the Order was made by a professional (reseller or distributor).

Our computerized records, stored in our computer systems under reasonable security conditions, will be considered as proof of the nature, content and date of the Order.

Once validated, the Order can no longer be modified.

★ ARTICLE 6 - PRICE:

6.1. Price of Products

The sale price of the Products is that which appears on the product sheet of the site https://bimbambloom.com/ on the day the Order is placed. It is payable upon Order.

Except for Products shipped outside the European Union and DROM-COM, the prices of the Products are indicated in Euros including all taxes (TTC).

The prices indicated do not include transport and delivery costs, in accordance with the provisions of article 6.2 below.

In the event that a problem occurs in the full payment of the price, the Order will be automatically cancelled and you will be notified by email.

Codes entitling you to a reduction in the purchase price on the Site may be offered to you, for a limited period, either in absolute value or as a percentage. These reduction codes cannot be combined with current promotional offers and may exclude certain Products.

In any event, promotional offers are only valid within the double limit of the validity period of the offer concerned and available stocks.

6.2. Costs

Transport, shipping and delivery costs will be calculated prior to placing the order and will remain your exclusive responsibility.

For deliveries outside mainland France, customs duties, import duties or any state taxes that may be payable under the laws of the country where the Order is received will be your responsibility and are your sole responsibility. They will be paid directly to the carrier upon delivery.

Telecommunications costs inherent to accessing the Website also remain your exclusive responsibility.

6.2. Payment terms

The price is payable in cash, in full on the day the Order is placed. At no time may the sums paid be considered as deposits or down payments.

Payments will be made online, when placing the Order:

Either by bank card (Visa, Mastercard, American Express, Maestro, CB) via the payment service provider SHOPIFY;
Either through the secure payment services Apple Pay , Google Pay , Meta Pay , Shop Pay or Paypal .

At the end of the payment procedure, an invoice will be issued. This invoice will be downloadable directly via your Customer account.

Payments made will only be considered final after actual collection of the amounts due by our services.

★ ARTICLE 7 - DELIVERY:

7.1. Place of delivery

Delivery will be made to the address provided when placing the Order, which can only be located in France, Europe, the United States, Canada, the United Kingdom, Switzerland and the French Overseas Territories.

Once the Order has been validated by our services, the delivery address will no longer be modifiable.

Accordingly, when providing your personal details, you must ensure that the information provided is accurate and complete.

In the event of an error in the wording of the recipient's contact details, we cannot be held responsible for the impossibility of delivering the Product(s). It is therefore your responsibility to check all the information before confirming the payment.

Delivery is carried out via Colissimo, Mondial Relay, Chronopost, Colis Privé, UPS, B2C-Maersk, Delivengo.

7.2. Delivery times

The average delivery time includes the time taken to process orders by our services from Monday to Friday (except public holidays) as well as the transport times used by carriers.

Preparation times:

We process Orders Monday through Friday (except public holidays), within an average of 48 hours.
The order is prepared and sent to the carrier subject to payment.

The processing time may be extended at certain times (particularly during sales periods), due to the greater number of orders.

Transport times:

Transport times depend on the chosen delivery method, the quantity of Products and the place of delivery:

General Conditions of Sale - Responsibilities

Delivery Time Table

Delivery Service	France	Europe	World	DROM-COM (DOM-TOM)
Chronopost	1-2 days	2-4 days
Colissimo	1-4 days	2-8 days	5-13 days	7-10 days
Private Package	1-3 days
World Relay	3-5 days	3-5 days
UPS	1-3 days	1-3 days	2-5 days
B2C-Maersk			4-9 days
Delivengo	3-6 days	3-6 days	7-13 days

The delivery times shown in the table above are indicated in working days and start from the time the package is taken over by the carrier.

In any case, you will automatically receive an email informing you of the shipment and tracking of your Order.

The aforementioned delivery times correspond to the average processing and delivery times. They run from the date of confirmation of the Order.

We undertake to make our best efforts to respect the delivery times mentioned when placing the Order.

However, failure to comply with delivery times may not give rise to the payment of compensation of any nature whatsoever, nor engage our liability, when the delay does not exceed thirty (30) days from the Placing of the Order.

Finally, we cannot be held responsible for the consequences of a delay in delivery by the transport provider you have chosen or of a late collection on your part following the deposit of a delivery notice in your mailbox by the carrier.

7.2. Delivery costs

The delivery costs of the Products will be calculated when the Order is placed and before its validation, depending on the place of delivery, the delivery method you have chosen and the quantity of Products ordered.

★ ARTICLE 8 - TRANSFER OF OWNERSHIP AND TRANSFER OF RISKS:

Ownership of the Products will only be transferred to you after full payment of the price, regardless of the date of delivery of said Products.
The Products travel at our own risk.

Consequently, the risk of loss and deterioration of the Product(s) will be transferred to you once you have taken physical possession of the Products and in the event of absence, upon the first presentation of the carrier and the deposit of the delivery notice in your mailbox.

★ ARTICLE 9 - RECEIPT OF PRODUCTS:

Delivery is deemed to have been made upon delivery of the Products by the carrier, as evidenced by the control system used by the carrier.

Upon receipt of the Product, you are required to check the condition of the packaging as well as the condition of the Product received and to report to the carrier – or even refuse – any possible damage and/or deterioration noted (anomaly, damaged Product, damaged package, missing Product, open package, etc.) by issuing reservations to the carrier in writing within 3 working days.

Within the same period, it is your responsibility to contact us by email at hello@bimbambloom.com, providing us with your Order number, a copy of the written reservation and any justification as to the reality of the non-conformities, damage or defects noted (in particular photographs of the package and/or damaged Product).

In the event of a lost package, it is also your responsibility to contact us by email at hello@bimbambloom.com, providing us with your contact details, your Order number and proof from the transport service confirming that the package has been lost.

After verification and confirmation of the validity of the reasons for refusal by our services, the lost or damaged Product(s) will be replaced, or, in the event of unavailability, you will be reimbursed within fourteen (14) days.

In the absence of reservations made within the aforementioned time period and conditions, the Products delivered will be deemed accepted by the Customer and the delivery deemed compliant, unless legal guarantees are implemented.

If you have opted for delivery to a relay point and have not collected your Order within the allotted time, it will be returned to us. In this case, you will be reimbursed for the amount of your Order, less the delivery costs which will remain your exclusive responsibility.

★ ARTICLE 10 - LEGAL GUARANTEES:

10.1. Legal guarantee of conformity of the Products

We are responsible for any lack of conformity existing upon delivery of the Product, in accordance with the application of Articles L. 217-4 et seq. of the Consumer Code.

As part of the legal guarantee of conformity, you have a period of two (2) years from delivery of the Product to inform us of any lack of conformity of the Product(s) ordered by email to the address hello@bimbambloom.com.

Subject to confirmation of support by our services under this guarantee, you will receive an email confirming the return.

You must, within the same period, return the Product(s) to us at the postal address indicated to you in the return confirmation email.

You will then be able to choose between reimbursement or bringing the Product into conformity (replacement), provided that the latter is possible and does not entail disproportionate costs in accordance with Article L.217-12 of the Consumer Code.

Compliance must take place within a reasonable period of time which may not exceed thirty (30) days following the consumer's request.

In the event of a refund, this will be made no later than fourteen days following receipt of the goods.

10.2. Hidden defects

We are also bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which so reduce its use that you would not have purchased it, or would have paid a lower price for it, if you had been aware of them.

In accordance with Articles 1641 et seq. of the Civil Code, you have a period of two (2) years from the discovery of the defect to inform us of any possible hidden defect.

All claims, requests for exchange or refund must be made within the required time frame by email to hello@bimbambloom.com.

Subject to confirmation of support by our services under this guarantee and provided that you produce the purchase invoice for the Product, we will proceed, at your choice, either to reimburse the sale price or to reduce the sale price.

If you opt for a refund, you will be required, within the same period, to return the Product(s) to us by following the procedure detailed in the Returns Portal.

The following are not covered by the aforementioned legal guarantees:

Normal wear and tear of the Product;
Damage caused by improper use of the Product and in particular negligence and lack of maintenance of the Product or part of the Product;
Damage caused by the use of abrasive, corrosive or chlorinated products for cleaning the Product;
Alterations or any modifications made to the Product.

★ ARTICLE 11 - RIGHT OF WITHDRAWAL - RETURN OF PRODUCTS:

11.1. Exercising the right of withdrawal

In accordance with article L.221-18 of the Consumer Code, you benefit from a legal withdrawal period of fourteen (14) days from receipt of the Order.

Within this period, you are required to inform us of your intention to withdraw by going to the Returns Portal.

You must also return the Product(s) to us, accompanied by the delivery note, in accordance with the terms and conditions set out in article 11.2 of these General Terms and Conditions of Sale.

In accordance with article L.221-28 3° of the Consumer Code, this right of withdrawal does not apply to Orders which concern personalized Products.

11.2. Product return procedures

As part of exercising your right of withdrawal, you may return the Product(s) to us within fourteen (14) days of delivery to obtain an exchange or refund.

To make a return, you must:

Submit a request via the Return Form;
Choose to have your order refunded or to have a voucher issued for a value corresponding to the Product(s) to be returned, valid on the entire Website;
Return the Product(s) by post, accompanied by the delivery note and your contact details to the address given on the return form, following the procedure indicated.

To be validly returned, the Products must be returned in their original packaging, in perfect condition (new, undamaged, unwashed, unworn), accompanied by their labels and any accessories.

In any event, products purchased on second-hand sites or outside our official distribution network cannot be returned, exchanged or refunded.

For returns made in mainland France, we will provide you with a Mondial Relay return label worth 5.90 euros.

If you have opted for a voucher, we will cover the return costs;

If you have opted for a refund, we will deduct the value of the return label (5.90 euros) from the refunded amount.

For returns made outside mainland France, return costs are your sole responsibility. We do not provide a return label.

In any case, the package travels at your own risk. Thus, in the event of loss of the package by the carrier, we will not proceed with the exchange or refund.

It is your responsibility to provide proof of this return (sending by registered or tracked letter).

In the event of a return of a Product from a “limited series”, we do not guarantee that we will be able to supply the same Product. In this case, a refund will be preferred.

Any returned Product that does not comply with the aforementioned return conditions will be refused by our services. In the event of refusal, the Product will be returned to you at your expense and risk.

11.3. Exchanges and refunds

In accordance with Article L. 221-24 of the Consumer Code, we undertake to exchange (by issuing an exchange voucher only) or reimburse the Product(s) within fourteen (14) days from receipt of the Product(s) by our services, except for Products excluded from the right of withdrawal.

Any refund will be made to the original payment method used at the time of the Order. If you have changed bank accounts, remember to provide your new bank details to your old bank.

If you opt for an exchange, you will receive by email at the address provided when requesting the return a voucher for the amount of the returned Product(s), valid for 1 year on the entire Website.

★ ARTICLE 12 - RESPONSIBILITIES:

We cannot be held responsible for accidental damage of any kind, whether material, immaterial or physical, due to use of the Product not in accordance with its intended purpose or to failure to comply with the information provided on the product sheets and labels.

Nor shall we be liable in the event of non-performance or poor performance of these terms and conditions due either to the Customer, to a third party, or to a case of force majeure. In particular, the following are considered to be cases of force majeure, without being limited to: risks related to war, disasters, fires, strikes, riots, internal or external failures or breakdowns making supply impossible.

The photographs illustrating the Products and appearing on the Site are given for information purposes only and do not constitute a contractual commitment by HELLO HOSSY® guaranteeing perfect similarity between the product ordered and the product represented, in particular with regard to colors and dimensions. Consequently, we cannot be held liable in the event of an error in one of these photographs.

The hypertext links set up within the framework of this Website towards other resources present on the Internet network cannot engage our responsibility either. Indeed, we have no technical means to control the sites connected to the Site, of which you are expressly informed by virtue of the present. Consequently, the risks linked to this use are your responsibility and you must comply with the conditions of use specific to each site.

Furthermore, the use and navigation of the Website is at your own risk. We cannot be held responsible for any damage or viruses that may affect computer equipment or any other material when accessing the Website, using the Website or browsing the Website, or downloading any content, data, text, images or files from the Website.

★ ARTICLE 13 - PROCESSING OF PERSONAL DATA:

Certain information provided when placing the Order is personal data.

The information collected is subject to computer processing for which BIM BAM BLOOM SARL is responsible.

For more information regarding the collection, processing and protection of your personal data, we invite you to consult our Privacy Policy.

★ ARTICLE 14 - INTELLECTUAL PROPERTY:

All brands, illustrations, images, designs, models, logos, registered or not, appearing on the Products, their accessories and their packaging, are and remain our exclusive property.

Consequently, any use, in any form and on any medium whatsoever, of the name “BIM BAM BLOOM” in a verbal or figurative form, and more generally of all other brands, illustrations, images, designs, models, logos appearing on the Products, their accessories and their packaging, whether registered or not, by you is strictly prohibited.

Furthermore, the content and structure of the Site, this Site and all the elements that compose it, such as texts, images, graphics, photographs, sounds, videos, animations, programs, graphic charter, databases, software, and other underlying technology but also brands, designs, models, logos, etc. found in this Site as well as their compilation are our exclusive property and are protected under copyright law, for the entire world.

As such, and in accordance with the provisions of the Intellectual Property Code, only use for private purposes is authorized.

Consequently, any reproduction or representation, in whole or in part, by you of an element of the Website for any purpose and on any medium is strictly prohibited.

Failure to comply with this prohibition constitutes an infringement which may incur your civil and criminal liability, pursuant to Articles L.122-4 and L.335-3 of the Intellectual Property Code.

Furthermore, all technical documents and any information support (user instructions, manufacturing methods, maintenance methods, etc.) which will be given to you remain our exclusive property and cannot be used without our express prior consent.

None of the provisions of these General Conditions of Sale may be interpreted as granting you a license to any intellectual property right.

★ ARTICLE 15 - COMPLAINTS AND MEDIATION:

In the event of a complaint, we leave it to you to contact us as a priority by email at the following address: hello@bimbambloom in order to seek an amicable solution to your problem together.

In the event of a complaint not resolved amicably or in the absence of a response from our services within fifteen (15) days, you may resort to any conventional mediation procedure or alternative dispute resolution method.

In particular, you are entitled to contact, free of charge, within one year of your complaint, the competent consumer mediator in accordance with the provisions of Articles L.612-1 et seq. of the Consumer Code.

The contact details of the Consumer Mediator are as follows:

Mediator of the Professional Federation of e-commerce and distance selling (FEVAD)
60 rue de la Boétie – 75008 PARIS
mediateurduecommerce@fevad.com
https://www.mediateurfevad.fr

You also have access to the European online dispute resolution platform provided for by Regulation (EU) No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes, in particular cross-border disputes, accessible at the following address http://ec.europa.eu/consumers/odr/ .

If this mediation fails, or if you refuse to resort to it, you will be entitled to refer the matter to the competent Court, in accordance with article 17 of these General Conditions of Sale.

★ ARTICLE 16 - APPLICABLE LAW AND LANGUAGE OF THE CONTRACT:

These Online Sales Conditions are subject to French law.

The language of the contract is French.

★ ARTICLE 17 - DISPUTES:

Any difficulty arising from the execution, interpretation or termination of these General Conditions of Sale and the Orders resulting therefrom, or more generally any dispute arising from the commercial relationship between the Parties and not resolved amicably, will be submitted to the competent French courts.

Last modified date: D December 2024