La Bigoudène Box terms and conditions of sale
PREAMBLE
SPL Destination Pays Bigouden Sud is registered with the RCS under no. 82443399900011. Its registered office is located at 17 rue
Raymonde Folgoas Guillou 29120 PONT-L’ABBE. It is the holder of a certificate of registration with the register of
of travel and holiday operators n° IM029170002. Financial guarantee: GROUPAMA 29000 QUIMPER.
These General Terms and Conditions of Sale (hereinafter referred to as “GTCS”) govern the contractual relationship between :
On the one hand, individuals or legal entities wishing to purchase the Bigoudène Box®, hereinafter referred to as “the Buyer”.
hereinafter referred to as “the Buyer”,
And, on the other hand, SPL Destination Pays Bigouden Sud, through its Bigoudène
Box®, hereinafter referred to as “Bigoudène Box®”.
The GTC exclusively govern the relationship between Bigoudène Box® and the Purchaser. With respect to the relationship between
Bigoudène Box® and the User of a Bigoudène Box® gift box, it is advisable to take note of the
Bigoudène Box® General Terms and Conditions of Use (hereinafter “GTCU”), available on the website
www.destination-paysbigouden.com and inside the catalogue available in the box.
The GCU apply without restriction or reservation to all sales of products offered on the site
www.destination-paysbigouden.com or in the various points of sale. The GTC are accessible at any time
on the www.destination-paysbigouden.com website. Any order placed on the
www.destination-paysbigouden.com necessarily assumes that the Buyer has read and understood these
these GTC, prior to placing the order, and the Buyer’s unreserved acceptance of their entire content.
by the latter. Acceptance of these GCS takes effect when the order is validated or when the purchase is made at a
point of sale. The applicable GCS are those in force on the day the order is validated by the Buyer
or at the time of purchase in a sales outlet. Bigoudène Box® reserves the right to modify the GTC at any time and without
without prior notice. The modifications of these GTC are opposable to the users of the site from the moment they are put
online and cannot be applied to transactions concluded previously. The GCS are applicable in France
France and Corsica.
ARTICLE 1: PRODUCTS
The products marketed are 3 gift boxes offering 176 leisure offers, local products, accommodation or
or restaurants. The gift packs come in the form of a Bigouden-style box, labelled with
with: a cardboard sleeve presenting the product, a booklet with GENCOD (barcode). Each offer has its own
booklet: blue “discovery”, yellow “escape” or red “passion”. Each booklet presents the offer in its range and is
accompanied by a numbered and stamped voucher. The photos on the site have no contractual
contractual value. The products sold online on the www.destination-paysbigouden.com website are delivered in
France (including Corsica) and Monaco.
ARTICLE 2: PRICES
The prices of the Bigoudène Box® gift boxes indicated on all the communication media of the Office de
Office de Tourisme Destination Pays Bigouden Sud at the various points of sale are public prices, expressed in euros including
French taxes included, and are firm and definitive. They do not include shipping costs or any other processing
related to the Buyer’s order, which are invoiced in addition and indicated before the
validation of the Buyer’s order. Bigoudène Box® reserves the right to modify its prices at any time
without prior notice. Products will be invoiced to the Buyer on the basis of the prices recorded at the time of validation of the order.
of the order. The total amount of the order (price of the box including VAT and shipping costs) is indicated before
final validation of the order form.
ARTICLE 3: STOCK AND AVAILABILITY
The gift boxes offered on the www.destination-paysbigouden.com website are available in Bigoudène Box®’s own stocks.
of Bigoudène Box®. However, the actual availability of a product may vary rapidly depending on sales made on the site
on the site, in our points of sale or with companies. In the event of unavailability of a product
product after the order has been placed, Bigoudène Box® undertakes to contact the Buyer as soon as possible,
by telephone or email. The Buyer may choose to maintain his/her order or cancel it. Bigoudène Box® will
will make the reimbursement by crediting the bank account at the latest within thirty (30) days of the Buyer’s payment.
payment. In case of stock shortage, Bigoudène Box® reserves the right to refuse the sale or to postpone it.
ARTICLE 4: ORDERING ON SITE OR BY EMAIL
The Buyer declares on his/her honour to be legally of age or an emancipated minor. In the event of shipment, the Buyer will
provides Bigoudène Box® with a valid postal and e-mail address and ensures that they are valid over time. At the time of
of the order, the Buyer must fill in the information mentioned as being obligatory. The Buyer
places their order on the Internet via www.destination-paysbigouden.com. It is the Customer’s responsibility to select the
the gift box(es) they wish to order. They choose their delivery address. The order will be
dispatched upon payment by the Buyer. The data communicated by the Buyer and recorded by Bigoudène
Box® at the time of the order constitutes proof of the transactions between Bigoudène Box® and the Buyer. The validation
of the order form constitutes the confirmation of the Buyer’s order, and constitutes an electronic signature
electronic signature with the same value as a handwritten signature. It constitutes irrevocable acceptance of the GCS.
The sale will be considered final once Bigoudène Box® has sent the order to the Buyer.
In the event of a problem, the Buyer may contact the Bigoudène Box® Service on 02 21 62 00 40 or 02 98 82 37 99 or
by email at box.otpbs@gmail.com. Bigoudène Box® reserves the right to refuse to deliver or to honour an order
order in cases where the Buyer has not paid in full or in part a previous order, or in the case
in the event of an outstanding payment dispute. Any changes to the order made by the Purchaser cannot be
will only be taken into account by Bigoudène Box® within the limits of its possibilities and as long as they are
notified by email to box.otpbs@gmail.com before the box is sent. In the event that these modifications
accepted by Bigoudène Box®, the sums paid by the Buyer will be reimbursed within a maximum period of thirty
maximum of thirty (30) days from the notification of the impossibility of accepting the modifications requested
requested by the Buyer.
ARTICLE 5: DELIVERY AFTER THE ORDER HAS BEEN PLACED
Products are delivered to the delivery address given by the Buyer when placing the order on the website
in the destinations referred to in article 1 of the GTCS and within a maximum period of one week when the
ordered are in stock. If the product(s) is (are) not in stock, this will be indicated to the
the Buyer at the time of his/her order at the same time as the maximum delivery time by the supplier,
Bigoudène Box® undertakes to deliver the product(s) to the Buyer within a maximum of 6 days of receipt.
However, this is only an indicative timeframe and any delay will not give rise to any damages, withholding or cancellation.
damages, withholding or cancellation of the order by the Buyer. However, if the products
ordered have not been delivered within thirty (30) days of the indicative delivery date, for any reason other than
force majeure, the sale may be cancelled at the written request of the Buyer or Bigoudène Box®.
Box®. The sums paid by the Buyer will then be returned to him/her without delay, to the exclusion of any compensation or retention.
withholding. In the event of an error in the delivery details provided by the Buyer, Bigoudène Box
be held responsible for the impossibility of delivery. In this case, the costs incurred for a new delivery
delivery will be charged to the Buyer and invoiced at their actual cost. Bigoudène Box® undertakes to carry out the
delivery of the items ordered as soon as possible depending on the delivery method chosen and the
availability of the items. Delivery is made by La Poste, using Lettre Suivie or Colissimo®. Delivery is deemed to have taken place
as soon as Bigoudène Box® hands over the ordered product to La Poste. The Buyer therefore acknowledges that it is the responsibility of La Poste to make the delivery.
The Buyer therefore acknowledges that it is the responsibility of La Poste to make the delivery and has no recourse in warranty against the shipper, be it Bigoudène Box®, in the event that the product is not delivered.
Bigoudène Box®, in the event of non-delivery of the goods transported.
Checking the condition of the parcel on delivery:
The Buyer must check the contents, conformity and condition of the parcel(s) upon delivery. In the event that
the Buyer has any doubts whatsoever as to the condition or content of his/her package, he/she must
check the condition of the goods received and make precise handwritten, dated and signed reservations. The
verification of the package delivered is deemed to have been carried out and may no longer be contested, once the Buyer or
any person authorised to receive the parcel has signed the delivery note. It is the responsibility of the Buyer to exercise any
recourse with La Poste by registered letter with acknowledgement of receipt within three (3) working days
following receipt and to send a copy to Bigoudène Box®. Bigoudène Box® will not be held responsible under any circumstances.
in any case be called into question.
Late delivery:
All delivery times are considered to be working days (i.e. Monday to Friday). In case of delay, damage,
total or partial loss, or any other problem, it is the responsibility of the Buyer to exercise any recourse with La Poste
without Bigoudène Box® ever being held responsible. The Buyer will have to
notify Bigoudène Box® by email within ten (10) days of receiving the order confirmation by email.
order confirmation. In case of a strike of La Poste, Bigoudène Box® will inform the Buyer by email of the possible delay of delivery if the parcel has been sent to the post office.
delivery if the parcel has already been dispatched, or will find another means of delivery if the parcel is in the process of being dispatched.
Collection in the event of absence:
If the recipient is absent at the time of delivery, La Poste will leave a calling card at the delivery address indicated by the Buyer.
indicated by the Buyer. The order must be collected from the address and in the manner indicated by La Poste.
If the order is not collected within the time limit set by the Post Office, the order will be returned to Bigoudène Box®, which reserves the right to reimburse the Buyer.
Bigoudène Box® reserves the right to reimburse the price of the order, with shipping costs remaining the responsibility of the Buyer.
Return of goods:
The transfer of ownership of the products from Bigoudène Box® and the correlative transfer of the risks of loss and deterioration relating to them will be made by the Buyer.
of loss and deterioration relating thereto will be made upon acceptance of the order by Bigoudène Box®, materialising
The transfer of ownership of Bigoudène Box® products and the correlative transfer of the risks of loss and deterioration relating thereto will take place upon acceptance of the order by Bigoudène Box®, materialising the agreement of the parties on the item and the price, regardless of the date of payment and delivery. The products
travel at the risk of the Buyer who may, in the event of damage, file a claim with the carrier under the legal and
carrier under the legal and regulatory conditions in force.
ARTICLE 6: PAYMENT
Payment must be made in cash when the order is placed or at the point of sale by cheque, cash, Visa and Mastercard.
Visa and Mastercard. The card is debited when the order is sent by
Bigoudène Box®. Bigoudène Box® reserves the right to request a photocopy of your identity card and proof of
proof of address for any payment.
ARTICLE 7: RIGHT OF RETRACTION
In accordance with article L121-20-12 of the Consumer Code, the Buyer has a period of fourteen (14) working days from the date of receipt of the order to cancel the order.
(14) working days from the delivery of his/her order to exercise his/her right of withdrawal, without having to justify
to justify their decision. The cost of returning the goods shall be borne exclusively by the Buyer. The product must be
returned intact, correctly protected in its original packaging and in its original condition. The product must
be complete, not have been used, not have undergone any deterioration, however slight, and be in a perfectly clean condition.
clean. The Buyer must inform the Bigoudène Box® Service before returning the goods (to the following address
to the following address Destination Pays Bigouden Sud – Service Bigoudène Box® – 11 Place Gambetta – 29120
PONT-L’ABBE) together with the order form or a copy of the sales invoice. All risks relating to the return
of the order is the responsibility of the Buyer. Bigoudène Box® will exchange (subject to availability) or reimburse the
reimburse the Purchaser as soon as possible and no later than thirty (30) days following the date of withdrawal.
withdrawal date. The reimbursement will be made to the billing address registered when the order was placed by the Purchaser.
order by the Buyer.
This right of withdrawal does not apply to the purchase of the Bigoudène Box® in one of our points of sale.
ARTICLE 8: DATA PROTECTION ACT
The nominative information requested by Bigoudène Box® is indispensable for the management of the Buyer’s order and for the processing of the Buyer’s order.
the Buyer’s order and to establish his/her invoice. The Buyer has at all times the right to access, modify, rectify and
modification, rectification and deletion of data concerning him/her with Bigoudène Box®. He/she can
by sending a request by email to pbs@destination-paysbigouden.bzh Depending on the selection made by the
by the Buyer at the time of his/her order, he/she is likely to receive information and commercial offers from
Bigoudène Box® and other Destination Pays Bigouden Sud services. The Buyer may at any time decide to
no longer to receive such information and commercial offers from Bigoudène Box® by specifying his/her request by email to
pbs@destination-paysbigouden.bzh
ARTICLE 11: INTELLECTUAL PROPERTY
The Buyer acknowledges that all textual data, photos, graphics, videos, images, comments,
present on the site and in Destination Pays Bigouden Sud publications is protected by copyright,
trademark law or any other rights and laws relating to intellectual property. The Buyer acknowledges that he/she is only
authorised to use these elements and information only within the limits expressly set out herein.
Any reproduction of all or part of the www.destination-paysbigouden.com site for any purpose other than the
consultation of the site or the placing of an order is forbidden without the authorisation of Bigoudène Box®.
ARTICLE 12: BIGOUDENE BOX® LIABILITY
Bigoudène Box® products comply with current French legislation and standards. Bigoudène Box
Bigoudène Box® cannot be held responsible for the non-execution of the contract following a stock shortage, a case of force majeure,
total or partial strike of the postal services or carriers, a computer breakdown, a deficiency of the telecommunications
including networks and in particular the Internet. The www.destination-paysbigouden.com website
be held responsible for any interruption in the site’s service, the occurrence of bugs, inaccuracies or omissions
omissions relating to information available on the site or for any damage resulting from fraudulent intrusion by a
fraudulent intrusion by a third party that has altered the information on the site. Bigoudène Box® cannot be held responsible for
Bigoudène Box® cannot be held responsible for any indirect damage which could occur because of the purchase of the products. Bigoudène Box
Bigoudène Box® is not responsible for the content of sites to which hypertext links may be made from its own site.
from its own site, as it has no control over their content. Bigoudène Box® cannot be held responsible for
any loss of data or files. It is the responsibility of the Buyer to make the necessary backups. The
photographs, graphics and descriptions of the products offered for sale are indicative only and are not
contractual and are not binding on Bigoudène Box®.
ARTICLE 13: APPLICABLE LAW – DISPUTE RESOLUTION
By express agreement between the parties, the present contract is governed by and subject to French law. It is written in
French language. In the event of a dispute, the parties will seek to reach an amicable agreement. If this is not possible, and for all disputes
to which this contract may give rise concerning its validity, interpretation, performance, termination
termination, their consequences and their consequences will be submitted to the competent courts under the conditions of
law. In the event of a dispute with professionals and/or traders, the courts of Quimper will have jurisdiction.
competent.
ARTICLE 14: ACCEPTANCE BY THE BUYER
The fact that an individual or legal entity purchases directly from one of the sales outlets or places an order
(by e-mail or post) implies full acceptance of these General Terms and Conditions of Sale, which is expressly
Terms and Conditions of Sale, which is expressly recognised by the Buyer, who waives, in particular, the right to rely on any document
which Bigoudène Box® may not be held liable for.
