Terms of sale

These Terms of Sale are entered into between:

Bhoomi
Simplified Joint-Stock Company with a Single Shareholder (SASU)
Registered office: 107 Rue Villiers de l'Isle Adam, 75020 Paris, France
Registered with the Paris Trade and Companies Register (RCS) under no. 917 671 786
Intra-Community VAT no.: FR73 917671786
Email: [email protected]

Hereinafter referred to as "The Seller"

OF THE ONE PART,

and:

Any person wishing to make a purchase via the Seller's website, at https://www.bhoomiparis.com, hereinafter referred to as "The Customer" or "The Buyer"

OF THE OTHER PART.

Article 1: PURPOSE

These Terms of Sale define the contractual relationship between the Seller and the Customer, and the terms applicable to any purchase made through the Seller's online store at https://www.bhoomiparis.com, hereinafter referred to as "the Site."

Under these Terms of Sale, the Customer agrees not to make any purchase for resale, within the meaning of Article L 110-1 of the French Commercial Code.

The Customer must be at least 18 years of age and have legal capacity, or hold parental authorization allowing them to place an order on the Site.

The purchase of a product through the Site implies the Customer's full and complete acceptance of these Terms of Sale, which shall prevail over any other general or specific terms of the Customer.

The Seller reserves the right to modify these Terms of Sale at any time. However, the Terms applicable to the Customer shall be those in effect on the date of their order on the Site.

These Terms of Sale are the exclusive property of the Seller. Any reproduction, even partial, is strictly prohibited.

Article 2: THE SITE

2.1 The website bhoomiparis.com (hereinafter the "Site") is an e-commerce site accessible via the Internet at https://www.bhoomiparis.com, open to all Internet users. It is published and operated by Bhoomi, a Simplified Joint-Stock Company with a Single Shareholder, whose registered office is located at 107 Rue Villiers de l'Isle Adam, 75020 Paris, France, registered with the Paris Trade and Companies Register under number 917 671 786.

2.2 The Site offers for sale clothing and accessories intended for women (hereinafter the "Product(s)") to Internet users browsing the Site (hereinafter the "User(s)"). For the purposes hereof, it is agreed that the User and Bhoomi shall collectively be referred to as the "Parties" and individually as a "Party," and that any User who has confirmed an order shall then be referred to as the "Buyer." The rights and obligations of the User necessarily apply to the Buyer.

2.3 Bhoomi reminds Users that the Products are intended exclusively for the Buyer's personal use, with no direct connection to any professional activity. Bhoomi reserves the right to refuse to fulfil an order.

2.4 Any order for a Product offered on the Site requires the User to review and expressly accept these Terms of Sale by checking the box provided for that purpose before placing the order. As a reminder, in accordance with Articles 1316 to 1316-4 of the French Civil Code, supplemented by Decree No. 2001-272 of 30 March 2001 on electronic signatures, Bhoomi specifies that confirming the order constitutes an electronic signature which, between the Parties, carries the same value as a handwritten signature.

2.5 These Terms of Sale set out the rights and obligations of the Parties arising from the online sale of Products offered on the Site.

2.6 The Products offered on the Site are sold under the Bhoomi brand as well as, where applicable, under other partner brands with which Bhoomi has distribution agreements. Unless otherwise stated on the relevant product page, the provisions of these Terms of Sale apply equally to all Products offered for sale on the Site, regardless of their brand of origin.

Article 3: PRODUCTS

a) Product Description

3.1 The Products offered by Bhoomi are those listed on the Site on the day the User consults it, subject to availability.

3.2 Products are described and presented as accurately as possible. Photographs illustrating the products, alongside the text, are not part of the contract. While Bhoomi makes every effort to represent the Products shown in photographs on the Site as faithfully as possible, colour variations may occur, in particular due to the technical limitations of colour rendering on computer equipment.

3.3 Most of the Products offered by Bhoomi are made to order by artisans, specifically for the Buyer following confirmation of their order. The indicative production time for each Product is stated on its product page and on the Site's Frequently Asked Questions page, and varies according to the complexity of the artisanal techniques involved. Certain Products, available in limited stock from Bhoomi's Paris studio, benefit from a shorter shipping timeframe, as specified on their product page.

b) Product Availability

3.4 Bhoomi undertakes to fulfil orders received only within the limits of available stock or production capacity. Should one or more Product(s) be unavailable, Bhoomi undertakes to inform the User as promptly as possible. Bhoomi shall bear no liability in the event of stock shortages or Product unavailability.

3.5 The unavailability of a Product may be notified to the User:

  • when placing their order, indicating that the desired product is temporarily unavailable; or
  • after the order has been confirmed, by email sent to the Buyer by Bhoomi.

3.6 Should payment already have been made, Bhoomi undertakes to contact its payment providers to deduct the price of the unavailable Product(s) from the amount charged to the Buyer's account.

c) Retention of Title

3.7 Ordered Products remain the property of Bhoomi until full payment of the price has been received.

Article 4: PRICE

4.1 Product prices are displayed on the Site in the currency corresponding to the Buyer's market or delivery region (in particular, Euros or US Dollars). For deliveries within the European Union, prices are shown inclusive of all taxes (VAT included), based on the VAT rate in effect on the date of the order. For deliveries outside the European Union, prices may be shown exclusive of French taxes; any applicable local taxes and duties remain the Buyer's responsibility, in accordance with Article 7.

4.2 The price charged to the Buyer is the price shown on the order confirmation sent by email by Bhoomi.

4.3 Bhoomi reserves the right to change its prices at any time without notice. Products will be invoiced based on the rates in effect at the time the order is registered, subject to Product availability. The rate in effect is the one shown on the Site, except in the case of an obvious typographical error, for which Bhoomi cannot be held responsible.

4.4 The price is payable in full, in a single payment, upon confirmation of the order.

PRODUCTS REMAIN THE ENTIRE PROPERTY OF BHOOMI UNTIL FULL PAYMENT OF THE PRICE HAS BEEN RECEIVED, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.

Article 5: PAYMENT

5.1 Payment for purchases on the Site can be made securely from France or abroad, 24 hours a day, 7 days a week, by the following means: credit/debit card (Visa, Mastercard, American Express), PayPal, iDeal, Sofort, and Klarna, which allows payment in 3 interest-free instalments.

5.2 The User will enter their card number, its expiry date, the cardholder's name, and the visual cryptogram on the back of the card, or will be redirected to the secure interface of the chosen payment provider.

5.3 Bhoomi reserves the right to refuse to fulfil any order from a User with whom it is in dispute of any kind.

5.4 Bhoomi uses the secure payment service Shopify Payments. The integrity of data exchanged between the Buyer and the secure Shopify Payments platform is protected against hacking attempts. Confidential data is transmitted directly, encrypted, to the Shopify Payments server, and never passes through Bhoomi's servers.

5.5 Shopify Payments relies on the encrypted SSL (Secure Socket Layer) exchange protocol and provides all necessary assurances for transactions made over the Internet.

5.6 Bhoomi reserves the right to cancel any order that presents a risk of fraudulent card use.

Article 6: ORDERS

a) Browsing the Site

6.1 The User may browse the Site freely, without being bound by an order as a result.

b) Placing an Order

6.2 To place an order, the User must click the "Add to cart" button. Each new addition to their cart will be confirmed by the appearance of a dedicated screen.

6.3 At any time before confirming their order, the User may:

  • obtain a summary of the Products selected and amend their order, by clicking the "Cart" link; or
  • complete their Product selection and confirm the purchase by clicking "Complete my order" and following the purchase flow presented to them.

6.4 The User must identify themselves by accurately completing the form provided for this purpose, in particular providing the information necessary for their identification: first name, last name, email address, delivery address, and billing address.

6.5 The User is informed and accepts that entering their details constitutes proof of their identity and evidences their consent.

c) Final Confirmation of an Order

6.6 The User will be invited to review, and where applicable correct, the contents of their order before finally confirming it, in accordance with Article 1127-2 of the French Civil Code.

6.7 The User will then be invited to pay for their order by entering their payment details.

d) Order Confirmation

6.8 When the Buyer confirms payment of their order, a summary is displayed showing the transaction number. This summary is also sent by order confirmation email.

6.9 A shipping confirmation email is sent to the Buyer on the day the Products are dispatched, containing the parcel tracking link.

6.10 In accordance with Article L. 134-2 of the French Consumer Code, where an order amounts to 120 euros or more, Bhoomi retains the written record evidencing the contract concluded electronically between Bhoomi and the Buyer for a period running from the conclusion of the contract until the date of delivery of the goods, and for ten years thereafter.

Article 7: DELIVERY

a) Delivery Terms and Timeframes

7.1 Ordered Products are, at the Buyer's choice, delivered to any address worldwide. Deliveries are made to the address provided by the Customer for this purpose.

7.2 Orders are shipped via Colissimo or DHL, depending on the destination and Bhoomi's choice.

7.3 The Buyer may track their order via the link provided in the shipping confirmation email. Bhoomi undertakes to use its best efforts to ensure the order is shipped within the timeframe indicated on the product page and on the Site's Frequently Asked Questions page, except in cases of force majeure as set out in Article 10.

7.4 Products ordered by the Buyer will be delivered to the address indicated by the Buyer on the order form. The delivery address must not be a PO box. The details provided by the Buyer when placing the order are binding on them; in the event of an error in the recipient's details, Bhoomi cannot be held liable for the resulting failure to deliver the Product, and any redelivery costs will be borne by the Buyer.

7.5 Shipping costs and thresholds (including free shipping above a certain order amount) are detailed on the Site's Shipping Policy page, which forms an integral part hereof.

7.6 For any delivery outside the European Union, the Buyer is solely responsible for customs duties, local taxes, and any other charges that may be levied by the authorities of the destination country. Bhoomi has no control over such charges and cannot be held liable for them; it is the Buyer's responsibility to check with local customs authorities before placing an order.

b) Delivery Issues

7.7 The delivery timeframes shown on the Site are provided for guidance only and correspond to the average time required to prepare and ship an order. Any delay shall not give rise to any damages, deduction, or cancellation of the order by the Buyer. However, if the ordered Products 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 Buyer's written request, and the amounts paid shall be refunded without delay, excluding any further compensation.

7.8 The Customer must check the condition of the packaging and the Products upon delivery, and raise any necessary objections with the carrier if a parcel is visibly damaged. In the event of non-conformity between the Products delivered and the order, the Customer must inform Bhoomi by email and return the Products to the address provided by Bhoomi.

c) Limitation of Liability

7.9 The Products offered comply with applicable French legislation. Bhoomi cannot be held liable for any failure to comply with the legislation of the country to which the Products are delivered. It is the Buyer's responsibility to check with local authorities regarding the possibility of importing or using the ordered Products.

7.10 Sole warranty granted: Bhoomi delivers Products in perfect condition to the carrier. In accordance with Article L. 217-4 of the French Consumer Code, Bhoomi is liable for any lack of conformity existing at the time of delivery.

Article 8: PRODUCT RETURNS

8.1 Without prejudice to the legal provisions applicable to made-to-order or personalised Products referred to in Article 8.5, and outside the exercise of any statutory right of withdrawal, Bhoomi offers the Buyer, as a commercial gesture, the option to return a Product under the following conditions.

8.2 The Buyer has 14 days from receipt of their order to request the return of a Product, for any reason, except for the excluded Products referred to in Article 8.5.

8.3 To be accepted, a returned Product must be in its original condition: unworn, unwashed, undamaged, and with all tags attached. Bhoomi reserves the right to refuse any return that does not meet these conditions; the Products concerned will then be sent back to the Buyer at their expense.

8.4 A return entitles the Buyer, at their choice, to:

  • store credit, valid for one (1) year from its date of issue; or
  • a size exchange for the same Product.

Bhoomi does not process any cash refunds, or refunds to the original payment method, for Products returned under this Article.

8.5 The following are not eligible for return or exchange:

  • gift cards;
  • earrings and scrunchies, for hygiene reasons;
  • made-to-order Products.

8.6 To make a return, the Buyer must submit a request via the returns portal accessible from the Site, providing their order number and email address. Once the request is approved, the Buyer will receive shipping instructions by email. Return shipping costs are borne by the Buyer. Bhoomi recommends sending the parcel with signature confirmation and insurance; Bhoomi cannot be held liable for loss of or damage to the return parcel in transit.

8.7 If the Buyer receives an incorrect, defective, or damaged Product, they must contact Bhoomi within 48 hours of receipt, with supporting photographs, at [email protected]. Bhoomi will advise the Buyer on how to return the Product — return shipping costs remaining the Buyer's responsibility — and will process the corresponding exchange or store credit once the Product has been received and inspected.

8.8 Once a returned Product has been received and inspected by Bhoomi, the Buyer will be notified by email, confirming whether the return has been accepted or refused. If accepted, store credit will be issued to the Buyer's account within 48 hours.

Article 9: DATA PROTECTION

Under these Terms of Sale, the Seller processes the Customer's personal data. This data is processed for the following purposes:

  • Management and administration of orders;
  • Preparation and shipping of Products;
  • Management of returns and complaints.

The Customer's personal data is processed, for all of the purposes listed above, on the basis of the performance of the contract between the Seller and the Customer.

By accepting these Terms of Sale, the Customer agrees that their personal data may be transferred to the Seller's partners, solely for the purposes set out above. It has been verified beforehand that the Seller's service providers comply with the obligations imposed by applicable data protection regulations. As part of this transfer, the Customer's data may be transferred outside the European Union; all appropriate precautions and safeguards have been taken by the Seller to ensure a level of protection consistent with applicable European standards.

The Seller's service providers include, in particular:

  • SHOPIFY (e-commerce platform and hosting)
  • SHOPIFY PAYMENTS, PAYPAL, KLARNA, SOFORT, IDEAL (payment)
  • COLISSIMO, DHL (shipping)
  • AFTERSHIP (returns management)

as well as, where applicable, other technical service providers (Site audience analytics, marketing communications, customer support), an up-to-date list of which can be obtained on request at the address below.

Personal data is retained until the purposes for which it was collected have been fulfilled. Once these purposes have been fulfilled, the data is deleted, except where the Seller is subject to a legal obligation to retain it.

In accordance with applicable regulations, the Customer has the following rights over their personal data: right of access, right of rectification, right to erasure, right to restriction of processing, right to data portability, and right to object.

To exercise these rights, the Customer must send their request by email to [email protected], enclosing a copy of proof of identity. The Seller undertakes to respond to the request within one month of receipt at the latest.

The Customer has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), the French supervisory authority for personal data protection.

Article 10: LIABILITY – FORCE MAJEURE

10.1 Bhoomi has a mere obligation of means (obligation de moyens) at every stage of access to and ordering on the Site (ordering process, production, delivery, customer service, etc.).

10.2 Bhoomi cannot be held liable for any inconvenience or damage inherent to the use of the Internet, a service interruption, an external intrusion, the presence of computer viruses, or any event qualified as force majeure under case law, including in particular: a strike affecting postal services or carriers, a shortage of raw materials at partner artisans' workshops, the destruction or total loss of a production workshop, or any other exceptional event beyond Bhoomi's reasonable control.

Article 11: INTELLECTUAL PROPERTY

All elements of the Site, whether visual or audio, are protected under copyright as well as intellectual and artistic property law, worldwide. Any full or partial reproduction of the Site is strictly prohibited without the Seller's prior written consent. Failure to comply with this obligation constitutes an infringement giving rise to civil and criminal liability on the part of the infringer. Likewise, any technique such as framing or deep-linking is strictly prohibited, unless expressly, specifically, and in writing authorised by the Seller.

The name "BHOOMI," as well as Bhoomi's trademarks and logos, are the exclusive property of Bhoomi. Accordingly, any reproduction of this trademark by the Customer, without authorisation from the Seller, constitutes an act of infringement liable to criminal and civil prosecution. The Customer therefore agrees not to infringe the "BHOOMI" trademark in any way, and agrees not to use or reproduce it in any capacity or on any medium whatsoever, without the Seller's prior written consent.

The trademarks, logos, and names of partner brands offered for sale on the Site, in accordance with Article 2.6, remain the exclusive property of their respective owners. Their presence on the Site does not transfer any rights to Bhoomi or to the Customer.

Article 12: COMMERCIAL OFFERS AND NEWSLETTERS

Bhoomi may send the Customer commercial offers by email, SMS, or via any web space operated by Bhoomi, including on social media, subject to the Customer's prior consent where required by applicable regulations. The Customer may unsubscribe from these communications at any time via the unsubscribe link included in each email, or by making a request to [email protected].

Article 13: CONTACT

By post:
Bhoomi
107 Rue Villiers de l'Isle Adam
75020 Paris, France

Please note that no returns will be accepted at this address. For returns, please use the returns portal accessible from the Site.

By email: [email protected]

Article 14: PARTIAL INVALIDITY

Should one or more provisions of these Terms of Sale be held invalid or declared as such pursuant to a law, a regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and effect.

Article 15: ENTIRE AGREEMENT

15.1 These Terms of Sale and the order summary sent to the Buyer together form a single contractual whole and constitute the entire agreement between the Parties.

15.2 In the event of any contradiction between these documents, the Terms of Sale shall prevail.

Article 16: GOVERNING LAW – JURISDICTION

These Terms of Sale and the contractual relationship between the Parties are governed by French law.

In accordance with the provisions of the French Consumer Code regarding the amicable settlement of disputes, Bhoomi is a member of the FEVAD Consumer Mediation Service (Fédération du e-commerce et de la vente à distance), whose contact details are as follows: Médiateur de la consommation FEVAD – BP 20015 – 75362 PARIS CEDEX 8 – https://www.mediateurfevad.fr. Following prior written contact between the Customer and Bhoomi, the Mediation Service may be referred any consumer dispute that has not been resolved.