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Terre-de-bougies.com is an online service offered by the company:
LAB SAS - 1 rue de la clef des champs - 68600 Volgelsheim - France
At the time of ordering, the customer acknowledges having read the general terms and conditions of sale stated below and declares to accept them without reservation.
The prices of our products are indicated in euros, inclusive of all taxes. LAB SAS reserves the right to modify its prices at any time. However, products will be billed based on the rates in effect at the time your order is validated. The products remain the property of LAB SAS until full payment of the price.
Our offers are valid while stocks last. The offer extends to mainland France and Corsica. You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. The validation of your order therefore constitutes acceptance of these General Terms and Conditions of Sale.
Unless proven otherwise, the data recorded by terre-de-bougies.com constitutes proof of all transactions made by LAB SAS and its customers. LAB SAS reserves the right to modify its prices at any time, but the products will be billed based on the rates in effect at the time the order is placed.
To benefit from a discount coupon/credit, the customer must enter and validate their "special code" in the designated field at the bottom of their completed cart.
Our product offers are valid as long as they are visible on the site, within the limits of available stock, except for promotional operations specifically mentioned on the sites. In the event of product unavailability after your order has been placed, we will inform the customer by email or phone. Their order will be automatically canceled, and no bank debit will be made.
Each order is registered once payment has been made.
Online payment on this site is secured using SSL protocol. Payments by credit card are fully secured through SSL protocol. We use the latest encryption technologies to ensure completely secure payments. Your bank details are neither stored nor visible on our servers.
Any order validated by the consumer implies an irrevocable acceptance of the general terms and conditions of sale, which cannot be challenged.
LAB SAS reserves the right to refuse delivery or to honor an order from a consumer who has not fully or partially settled a previous order or with whom a payment dispute is ongoing. The company reserves the right not to accept an order from a dubious or unidentifiable source.
You can print your invoice by going to "My Account," "My Orders," and then clicking on the reference of your order.
The products offered on terre-de-bougies.com are available, for the most part, in our warehouses. We have selected for our customers, from the largest manufacturers, models offering the best quality/price ratio. Some products are produced in limited quantities. If the product offered on the site is out of stock, the customer service will contact the customer to inform them, offer a new delivery time, or an equivalent replacement product. The customer will also have the option to request cancellation and a refund of their order.
Orders received before 12:00 PM are processed the same day and shipped within 48 hours. The announced delivery time is based on the shipping date of the goods. Saturdays, Sundays, and public holidays are to be added to the initial delivery time (local holidays in Alsace - Good Friday and December 26). Order and delivery tracking is available on the website.
Upon receipt of the parcel by the customer, it is imperative to check the general condition of the package. Any observation of an anomaly concerning the delivery (damage, damaged and/or opened package, broken products, etc.) must be obligatorily mentioned in writing as reservations on the delivery note, accompanied by your signature. You must immediately report the anomaly by phone or email to customer service so that a claim can be made with Colissimo, DHL, UPS, DPD. Any claim made more than 48 hours after receiving your parcel cannot be considered.
In case of a damaged parcel, we advise you to refuse the delivery. We will send you a new product as a replacement. The content of the order must be checked before opening the sealed bags. If you have not received the correct product or a product was missing, we will imperatively need photos of the package, as well as the products in sealed bags, for your claim to be considered.
The return of defective goods is carried out at the customer’s expense, risk, and peril. Any damage to the equipment resulting from insufficient packaging cannot engage the responsibility of LAB SAS. It is strongly advised to overwrap the returned products with bubble wrap and attach a copy of the purchase invoice. Incomplete, damaged, or soiled goods returned by the customer will not be accepted and will be returned at the customer's expense. Products returned with postage due will be systematically refused.
After intervention by the after-sales service, the return of goods to the customer is at our expense. If it turns out that the returned equipment was not subject to a return authorization and/or that no defect covered by the warranty is found, it will be returned to the customer with postage due. Damage due to shocks is not covered by the manufacturer’s warranty.
LAB SAS reserves the right at any time to request proof of identity and address for all orders to verify the provided details and prevent fraudulent use of various services.
Colissimo and DHL, UPS, DPD services are very reliable; however, delivery delays or a lost parcel can occur. In the event of a delivery delay of more than 7 days, the customer must inform customer service, who will pass the information to La Poste or DHL, UPS, DPD to initiate an investigation. This investigation can last up to 21 days from its opening. If during this period the parcel is found, it will be immediately redirected to the customer's home (in most cases). If, however, the parcel is not found at the end of the 21-day investigation period, Colissimo or DHL will consider the parcel lost. In this case, LAB SAS will resend a replacement parcel to the customer at our expense. In the event of the unavailability of one or more products lost at that time, LAB SAS will refund the customer the amount of these products.
In accordance with current legislation on distance selling, the customer has a withdrawal period of 30 days from the date of receipt of the parcel. In this case, the customer will be refunded, or the product will be exchanged. The products must be returned in their original packaging and in perfect, new condition with packaging, without scratches or signs of wear. Returns must be made in their original and complete packaging, accompanied by a copy of the purchase invoice. If the 30-day period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
In accordance with Article L121-21 of the Consumer Code, the customer has a right of withdrawal of thirty (30) days from the date of receipt of the ordered products except for the purchase of certain goods or services, notably under the provisions of Article L121-21-8 of the Consumer Code:
*The right of withdrawal cannot be exercised for contracts: (...) 1° For the provision of services fully performed before the end of the withdrawal period and whose execution began after the express prior agreement of the consumer and express waiver of their right of withdrawal; (...) 3° For the supply of goods made to the consumer's specifications or clearly personalized. (...) *
To exercise their right of withdrawal for other products, the customer must, within the period mentioned above, send to Terre-de-bougies, a registered letter with acknowledgment of receipt specifying their intention to use this right or return the standard withdrawal form to the address indicated in Article 13 of these General Terms and Conditions of Sale.
The customer must return the products to the address indicated in Article 13 of these General Terms and Conditions of Sale within thirty (30) days of communicating their decision to withdraw, in perfect condition and in their original packaging, without any marks or scratches, with all accessories (including instructions) and any gifts that may have been offered. They must return the product with a copy of the invoice and the duly completed "return form." Only the risks and costs of returning the products remain the responsibility of the customer.
If all the conditions required for the return of the products are not met, Terre-de-bougies may deduct from the refundable amounts, if any, a portion of the sale price corresponding to the sale price of the missing products, as well as the cost of repair, replacement, and/or restoration of the possibly damaged products.
Terre-de-bougies undertakes to reimburse the consumer customer within thirty (30) days from the receipt of the registered letter specifying the customer's intention to withdraw or the standard form. However, Terre-de-bougies is entitled to defer this refund until the actual receipt of the products.
The refund is made directly to the customer's bank account, following the same procedures used to make the payment for the products in question.
Any return must be reported in advance to Terre-de-bougies' Customer Service by sending the completed form by email or mail: download the retraction form.
This contract is subject to French law. TERRE-DE-BOUGIES cannot be held liable for damages of any kind, whether material, immaterial, or bodily, that could result from the improper use of the products sold.
In the event of difficulties in applying this contract, the customer has the option, before any legal action, to seek an amicable solution, notably with the help of a professional association in the field, a consumer association, or any other advisor of their choice.
Complaints or disputes will always be received with attentive goodwill, as good faith is always presumed in the one who takes the trouble to expose their situation. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
If no amicable agreement is reached between the Parties, the dispute will be submitted to the French courts unless otherwise required by law.
We would like to inform you that, under the amicable procedures to which any difficulty must be submitted before referring to the competent courts, we may, by mutual agreement, implement the means permitted by Directive 2013/11/EU of the European Parliament and the Council of May 21, 2013, on the alternative resolution of consumer disputes, as well as those provided by Regulation (EU) No 524/2013 of the European Parliament and the Council of May 21, 2013, on online dispute resolution for consumer disputes.
In the event of a claim not resolved amicably by our Customer Service, and in accordance with Article L612-1 of the Consumer Code, the customer may resort to the free mediation service CM2C, to which LAB SAS - TERRE-DE-BOUGIES is a member, electronically at https://cm2c.net. The mediator's service can be contacted for any consumer dispute that has not been resolved.
Unless otherwise required by law, any dispute not resolved through an amicable procedure is subject to the competent court of the Paris Court of Appeal, to which jurisdiction is granted, even in the case of summary proceedings, third-party claims, or multiple defendants.
In accordance with Law 78-17 of January 6, 1978, relating to individual freedoms and data processing, you have the right to access and rectify the computer data you have communicated to us. This information is for the exclusive use of LAB SAS.
Contractual information is presented in French, and the products offered for sale comply with French regulations. If applicable, it is up to the foreign customer to check with local authorities the possibility of using the product they intend to order. LAB SAS cannot be held liable in the event of non-compliance with the regulations of a foreign country.
These general terms and conditions of use and sale are subject to French law. In the event of a persistent disagreement over the application, interpretation, and execution of these terms, and in the absence of an amicable agreement, any dispute will be subject to the competent French courts.
The general terms and conditions of sale specify in a box the information related to the legal guarantees of conformity, such as:
The consumer has a period of two years from the delivery of the goods to act.
The consumer can choose between repairing or replacing the goods subject to the cost conditions provided for in Article L.211-9 of the Consumer Code.
The consumer is exempted from proving the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months as of March 18, 2016, except for second-hand goods.
The provisions of Articles L.217-4 and following govern the conditions related to the warranty rights.
Article L.217-4. The seller delivers a product in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. They are also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when these are part of the contract or have been carried out under their responsibility.
Article L.217-5. The product is in conformity with the contract if:
It is suitable for the use usually expected of a similar product and, where applicable:
If it matches the description given by the seller and possesses the qualities that they have presented to the buyer in the form of a sample or model;
If it presents the qualities that a buyer can legitimately expect in light of public statements made by the seller, by the producer, or by their representative, notably in advertising or labeling.
Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by them.
Article L.217-6. The seller is not bound by the public statements of the producer or their representative if it is established that they were not aware of them and were legitimately unable to know them.
Article L.217-7. Defects of conformity that appear within twenty-four months from the delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is incompatible with the nature of the goods or the claimed lack of conformity.
Article L.217-8. The buyer is entitled to demand conformity of the product with the contract. However, they cannot contest conformity by invoking a defect they knew or could not have been unaware of when they contracted. The same applies when the defect originates from materials they supplied themselves.
Article L.217-9. In case of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a manifestly disproportionate cost compared to the other method, considering the value of the goods or the importance of the defect. They are then obliged to proceed, unless impossible, according to the method not chosen by the buyer.
Article L.217-10. If the repair and replacement of the goods are impossible, the buyer may return the goods and obtain a refund or keep the goods and obtain a partial refund. The same option is available:
If the solution requested, proposed, or agreed upon in application of Article L.217-9 cannot be implemented within one month following the buyer's claim.
Or if this solution cannot be implemented without major inconvenience to the buyer, considering the nature of the goods and the use they seek. The cancellation of the sale cannot be pronounced if the lack of conformity is minor.
Article L.217-11. The application of the provisions of Articles L.217-9 and L.217-10 takes place without any cost to the buyer. These same provisions do not prevent the allocation of damages.
Article L.217-12. The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L.217-13. The provisions of this section do not deprive the buyer of the right to exercise the action resulting from hidden defects as provided by Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law.
Article L.217-14. The recourse action may be exercised by the final seller against the successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.