Terms and conditions
This site is operated by Bisous Maman Company (“Bisous Maman”).
The present general conditions of sale apply to all the orders placed with Bisous Maman for the whole of the articles and services proposed by the www.bisousmaman.com site by persons.
BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND AGREED TO BE BOUND BY THESE TERMS OF SALE. THESE TERMS OF SALE ARE SUBJECT TO MODIFICATION BY COMPANY WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME. YOU SHOULD PERIODICALLY REVIEW THESE TERMS OF SALE TO ENSURE THAT YOU REMAIN UP TO DATE ON ALL SUCH CHANGES.
Bisous Maman reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of Bisous Maman are those accepted by the Customer at the time of placing the order.
Every Customer of the Bisous Maman declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected by any government article.
Bisous Maman reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
All orders are subject to acceptance by us, and once accepted, an order cannot be cancelled, modified or rescheduled by you without our consent except to the limited extent set forth on the Website. We reserve the right to reject or cancel any order, or to limit the size of any order, at any time in our sole discretion.
2. ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly on the www.bisousmaman.com
The act of the Customer’s ticking the box “I accept the general sales conditions”, before proceeding to secure payment, constitutes an irrevocable acceptance The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone, text or email also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
3. CONFIRMATION OF ORDER
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to Bisous Maman. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer
4. CHARACTERISTICS OF THE PRODUCTS
The information, characteristics, photographs and graphics presented on the sites or in the emails sent by Bisous Maman are given only on a purely indicative basis and for the major part are given by the suppliers. In particular, the difference in perception of the forms and the colors between the photographs or graphics presented and the products cannot engage the responsibility of Bisous Maman. Bisous Maman will make its best efforts to ensure that the photographic representation of the products on the www.bisousmaman.com is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products.
Bisous Maman will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. Bisous Maman cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.
Availability of our products is subject to change without notice. If a product is not in stock when you place your order, we will do our best to advise you when the product will be available. The Company shall not be liable for any claims or damages arising in connection with products that are out of stock or otherwise unavailable. The Company reserves the right to discontinue the sale of any product or service at any time without notice to you or any other third party.
Bisous Maman cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires…
You are entitled to return any product purchased through the Website which is unopened, unaltered (which includes removing any tags or labels), undamaged and unused by you or any other third party, and which remains in its original packaging, so long as (i) you include any receipts or other purchase documentation with such return, and (ii) the product to be returned is delivered by courier with an applicable tracking number for shipping to us no later than 7 calendar days from the date you received the applicable product(s). You will be responsible for return shipping costs unless we shipped an incorrect or damaged product to you. You have 3 days as from the reception of the goods and based on the invoice date to tell us your intention to return a product to us and the reason for this return.
In case you want to return an item, send us an email within 3 days of receiving your goods or based on your invoice date. Returns or exchanges made without prior notification by email may not be processed, please send an email to email@example.com
Prices are indicated in VND and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. The price is systematically indicated in a clear way before the confirmation of the order.
Since the prices charged by Bisous Maman’s suppliers are in constant evolution, the prices posted on the site are also likely to be modified constantly.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the Vietnamese Value Added Tax (“VAT”) applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the website, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.bisousmaman.com website.
We always try to ensure that all information and prices displayed are accurate for each product, however, there may be occasional errors or omissions due to objective factors. We are not responsible for any errors on the Website. In the event a product is listed at an incorrect price due to typographical, photographic or technical error or error in pricing information received from our suppliers, we reserve the right to refuse or cancel any orders placed for that product listed at the incorrect price.
The Customer can pay his order online by credit card: Visa and Eurocard / MasterCard or “Cash on delivery”. Customer can choose one of the above payment methods.
The Customer guarantees Bisous Maman that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer’s account is done at the time of the processing of the order.
Bisous Maman reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment.
Bisous Maman notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.
9. TRANSMISSION OF RISK AND OWNERSHIP OF THE PRODUCTS
The products shall be under the Customer’s responsibility from the moment of delivery to the Customer as outlined in Clause “SHIPPING DELIVERY ZONES” below.
The Customer will take ownership of the products when we receive full payment of all amounts due, including delivery charges or at the moment of delivery
The geographical area: Vietnam
All products are shipped as described in the Shipping section on the Website. The terms of the Shipping section constitute part of the terms and conditions contained in this Terms of Sale, which you are hereby agreeing to. The Customer must check the exhaustiveness and the conformity of the information which he provides to Bisous Maman.
Bisous Maman cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
Shipping dates are approximate and shipping costs are as posted on the Website in connection with your order. It is your responsibility to provide accurate contact information that allows the shipper to contact you when shipment. Bisous Maman cannot be held responsible for delivery delays because of errors or disruptions due to transporters.
You will be responsible for all shipping and related charges in the event you refuse a shipment for any reason.
For the purpose of this Terms and Condition, the “delivery” shall be understood to have taken place or the order “delivered” as soon as you or a third party indicated by you acquires physical possession of the goods, which will be evidenced by the signing of the receipt of the order at the delivery address indicated by you.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
12. RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION
Bisous Maman reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as Bisous Maman Company of any anomaly (bumps, damage to the parcel …) within the same day as delivery. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by Bisous Maman.
13. DAMAGED PARCELS
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify Bisous Maman by email to take the necessary measures as quickly as possible.
14. NO RESELLING
You shall purchase products through the Website solely for your own use and not for resale to any other parties for any business purpose. You agree to indemnify and hold us harmless from any claims asserted by a third party, regardless of the theory under which such claim is asserted, arising out of the resale or distribution of any products or materials by you. Also, you are not authorized to use any of our trademarks or trade names or those of our manufacturers or suppliers without our or their consents, as the case may be.
15. USE OF PRODUCTS
Further to the disclaimer set forth above, Bisous Maman makes no representations or warranties whatsoever as to the results you may obtain by using any product purchased from the Website. You acknowledge that products purchased at the Website are used at your sole risk, and Company shall not be liable in any way on account of your dissatisfaction with the results achieved from any such use or any injuries resulting therefrom.
16. UNAUTHORIZED USE OF PRODUCTS
Bisous Maman shall not be liable for any claims, damages or injuries caused by your negligence, the misuse of any of our products by you or any third party to which you provide access to our products, or any other damages or injuries arising out of your use of any of the products sold through the Website.
Bisous Maman cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
18. INTELLECTUAL PROPERTY
Any intellectual property, the entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights (whether registered or unregistered) for the whole world. The entire content on the site is the property of Bisous Maman or its providers and is protected by copyright laws and related International Treaties. For this reason only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by Bisous Maman. Any total or partial reproduction of the Bisous Maman catalogue is strictly prohibited.
19. FORCE MAJEURE
Neither of us shall be liable for any failure to perform due to causes beyond our reasonable control, respectively, including but not limited to acts of God or nature, fire, earthquake, tidal wave, storm, flood or other acts of nature, accident, labor trouble or shortage, civil disturbance, plant shutdown, equipment failure, voluntary or involuntary compliance with any applicable governmental regulation, prohibition by the state authorities, riots, wars, national emergency, embargo, epidemic or order, or shortage or inability to obtain (on terms deemed practicable by the party affected) any raw materials (including energy), equipment or transportation. The Party affected by such events shall immediately notify to the other Party, and apply all the necessary measures to restrict the damages. The Parties shall agree on continuing the implementation, or termination, of the obligation for the interests of the Parties. The time for performance shall be extended by the period of the applicable force majeure event and comply with the law of Vietnam.
20. PERSONAL DATA
Visitors or Customers of the www.bisousmaman.com site have a constant right of access, modification, correction and suppression of the data which relate to them.
At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email. Bisous Maman is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
We’ll apply the necessary security measures to ensure protection of Customer’s personal and payment information in the most comprehensive manner. All customer information during the payment process is encrypted to ensure maximum protection. All transaction information is to be kept confidential, however, upon receiving request from authorised law enforcement agency, we will have to provide this information to such agency in accordance with regulations.
For commercial purposes, Bisous Maman can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the Bisous Maman site at any time.
21. GOVERNING LAW AND JURISDICTION
This Terms And Conditions shall be governed by and construed in accordance with the laws of Vietnam.
Any dispute arising out of or related to the transaction at www.bisousmaman.com site or this Terms And Conditions shall be prioritized by Parties for settlement through negotiations in a spirit of goodwill and cooperation. If the negotiation fails or a Party at any time deems the current dispute unable to be resolved through negotiations, each Party has the right to bring the case to Competent Court for settlement.