1. Scope of application
The present general conditions of sale (GCS) apply to all services offered by Bibou'tic Sàrl (hereinafter referred to as "Bibou'tic"). By using Bibou'tic's services, you accept the conditions below without any modification and in their entirety.
"Lessee" means the party who leases the relevant Goods under this Agreement.
"Buyer" means the Party who purchases the relevant Property at the end of this Agreement.
"Customer": Lessee or Buyer.
" Property " : Object rented or sold as described in article 4.
You declare that you have read and accepted the present general conditions of sale before placing your order. The validation of your order is thus worth acceptance of these Terms and Conditions of Sale.
Unless proven otherwise, the data recorded on www.biboutic.ch constitutes proof of all transactions between Bibou'tic and its clients via the www.biboutic.ch site.
The client has the right to notify Bibou'tic that he renounces the provision of service, without penalties and without giving any reason, within seven (7) calendar days.
For the exercise of this right, the delay runs from the day following the day after the day on which he receives by e-mail the confirmation of his order.
The customer who renounces the provision of service must notify it, before the expiration of the 7-day period, to the customer service of Bibou'tic located at Route de Romont 11, 1670 Ursy via the e-mail address: firstname.lastname@example.org and simultaneously return the products delivered in their original packaging with the label (for new products) and in good condition. The Customer shall bear the direct costs incurred by the return of the Goods. Upon receipt, Bibou'tic will return the amount paid through the means of payment used at the time of the order.
Rental : Bibou'tic rents to the Tenant who accepts the following Property:
- a box of clothing as defined by the type and description of the pack chosen by the Tenant at the time of the order ;
- a box of clothing as defined by the subscription taken out by the Tenant (box) ;
- One/several "special event" garments as defined by the type and description of the product chosen by the Tenant at the time of the order;
Sale : Bibou'tic offers for sale to the Buyer who accepts the following Property:
- one or more items as defined in the type and description of the product chosen by the Buyer.
5. State of the Property
The Rented Goods are second-hand clothes. Bibou'tic undertakes to offer only selected items in order to guarantee good or very good condition, sometimes close to new. Bibou'tic cannot guarantee possible defects inherent to the previous use of the products, the buyer therefore acknowledges accepting the product in a second-hand state, not guaranteed, as described.
The same is true for Goods sold second-hand.
Any defective Good (for rent or for sale, new or second-hand) can be returned for exchange or refund in accordance with the procedures indicated in articles 3 and 14.
6. Destination - Assignment - Subletting
The Tenant will not be able to transfer or sublet the rented object without a written and express authorization of Bibou'tic.
The prices of the products are indicated in Swiss francs, net amounts, including VAT, excluding processing and delivery costs or other indirect contributions that would be due under Swiss or foreign legislation, as well as the services to be paid in addition by the Client (unless otherwise agreed).
Bibou'tic reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time of the registration of the orders.
Rented objects remain the property of Bibou'tic.
The products and services sold on Bibou'tic are reserved for individuals.
No discounts or rebates are made outside of promotional offers or discount vouchers issued by Bibou'tic.
Delivery charges vary according to the amount and weight of the order and are expressly indicated to the Customer before final acceptance of the order.
Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks.
In this context, information on the availability of products is provided to you when you place your order. Errors or modifications may exceptionally exist. In the event of unavailability of a product after placing your order, we will inform you by e-mail or by post as soon as we receive the information received by the suppliers. You will be offered an exchange with a similar product in stock. If this does not suit you, your order will be cancelled and you will be refunded if your card or bank account has been debited.
9. Methods of payment
The payment of the totality of the price of the basket is made at the time of the order. Several payment methods are available: credit card (Visa, MasterCard) and Postcard via Klik & pay and Paypal, bank transfer.
All payments will be processed through a secure data encryption procedure so that no information transmitted by the buyer is intercepted by third parties.
For any further information, please contact Bibou'tic using the email address: email@example.com.
The contract comes into effect when the client has placed his order and when this order has been accepted electronically by Bibou'tic.
When the customer confirms his order by clicking on the icon "Validate your payment", he is considered to have accepted with full knowledge of the contents and conditions of the order in question and in particular the present General Terms and Conditions of Sale, the prices, characteristics, quantities and delivery times of the articles rented by the customer.
In addition, Bibou'tic reserves the right to suspend or cancel any execution of an Order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum due by the client, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Bibou'tic website, including on the occasion of previous Orders.
11. Gift voucher
The gift voucher is a voucher for a prepaid amount. It can be purchased directly from our online shop.
The gift voucher is not nominative, it is therefore transferable and must therefore be treated as cash. Bibou'tic declines all responsibility in case of loss or theft and does not replace it. A claim can only be made on presentation of the gift voucher.
A gift voucher purchased cannot be returned or exchanged for cash. It can, at Bibou'tic's discretion, be exchanged for another gift voucher, valid on a different product available on our online shop.
Orders are processed from Monday to Friday, excluding public holidays.
Available items are sent by post within approximately 8 to 10 working days.
The delivery times indicated when ordering are the usual average times and correspond to the shipping processing times plus the delivery time.
A contribution of Fr. 7.00 (for orders up to CHF 99.95) and CHF 9.70 (for orders from CHF 100.00) is requested once per order. We also invite you to regularly check your order status and contact us by email at firstname.lastname@example.org for any questions or in case of problems.
Bibou'tic cannot be held responsible for the consequences due to a delay in delivery attributable to one of the sub-contracted delivery men.
Bibou'tic will be released from its obligation to deliver in case of force majeure.
PLEASE NOTE : Bibou'tic does not deliver its parcels to post office boxes and does not deliver any goods to minors or under guardianship, unless written authorization from the parents or guardian.
13. Maintenance, damage, loss and theft
The Tenant will use, maintain and take care of the rented object.
In particular, he shall try to wash clothes only with similar colours and at max. 40°C (baby) and max. 30°C (maternity). The rented objects must be returned washed (baby and maternity ward) and ironed (maternity ward).
The Tenant will be held responsible in the event of loss or theft of clothing and must report this. Bibou'tic will proceed to an analysis of the circumstances and a discussion will be started.
The customer's liability cannot exceed the new value of the item (according to the price list below) concerned.
In the case of damage (burn, snag, stain), the customer undertakes not to carry out repairs by himself or a third party. Only Bibou'tic is authorised to deal with the damage done.
Any damage must be reported by the client.
Irreparable damage :
- On rented baby articles: within the framework of normal wear and tear, nothing happens. Stain and hole insurance is included in the price per box.
- On rented maternity items: Bibou'tic reserves the right to collect, after notification of the damage to the client, the price of the article corresponding to the new value of the item (according to the price list below).
According to the conditions and procedure mentioned above, the client consents and authorises Bibou'tic to debit on his bank card/invoice 100% of the amount corresponding to the new value of the object (according to the price list below) of the rented items that have become non-conforming to the rental.
14. Trade-in of second-hand clothes
Bibou'tic offers its customers the trade-in of second-hand clothing in the form of batches to supply mainly its rental stock. These trade-ins are entirely subject to Bibou'tic's good will according to its needs. The amount of the consideration is evaluated on a case-by-case basis, according to the condition of the clothing and is paid to the client selling his clothing in the form of a purchase voucher.
15. Warranty and Liability
The customer is obliged to check the condition of the delivered goods without delay to exclude obvious defects in material and workmanship as well as transport damage. He must inform Bibou'tic of any defect or anomaly affecting the delivered goods to allow us to remedy it.
Our delivery commitment is null and void in case of failure or non-respect of the supply deadlines from our own suppliers, and insofar as this unavailability is not attributable to Bibou'tic. In case of unavailability of a product, we will inform you as soon as possible.
We commit ourselves to exchange you the apparently defective products according to the hypotheses stipulated in article 5 or not corresponding to your order (size, season, sex).
The Lessee declares and is deemed to have all the information and skills necessary for the proper and prudent use of the Property. It is up to him to complete his information if necessary.
The Tenant is the sole custodian of the Property made available during the rental period, he undertakes to exercise effective and exclusive control over the Property.
The Lessee expressly acknowledges that it is the custodian of the Property throughout the entire contract and, where applicable, beyond, until the effective return of the Property.
The Tenant undertakes to return to Bibou'tic all the rented objects. The rental period is specified in the offer and the date of return of the rented objects is mentioned with the pack (by email or in writing). Except in the case of contact by the client 10 days before the end of the rental period and subsequent discussion with Bibou'tic, any rental overrun will give rise to an indemnity in favour of Bibou'tic in the amount of CHF10.00/day late for the baby box and CHF15.00/day late for the maternity packs from the 3rd working day. The client consents and expressly authorises Bibou'tic to debit on his/her bank card/invoice the compensation for late payment due.
If the delay of return exceeds 7 working days, Bibou'tic will send an email of formal notice to return the rented items. Within 3 working days from the date of sending the formal notice, if the client has not returned the articles (or proof of return), the client expressly agrees and authorises Bibou'tic to charge on his credit card/invoice an amount of CHF 200.00 for baby clothes and CHF 300.00 for maternity clothes. This authorisation to debit/bill serves as a guarantee.
In case of partial non-restitution of the rented objects, Bibou'tic will take or invoice an amount corresponding to the new value of the object (according to the price list, below Appendix 1) of the objects not returned.
Bibou'tic does not assume any responsibility because of the rented object, in particular because of its improper, imprudent or illegal use.
16. Voluntary extension of the rental period
The rental period can be extended at the request of the customer within a minimum of 10 days before the end of the rental period. The rates are as follows:
- box baby standard: CHF 10.00 per additional week from the 3rd working day after the end of the rental period
- box baby comfort: CHF 13.00 per additional week from the 3rd working day after the end of the planned rental period
- box 4 pieces maternity ward: CHF 10.00 per additional week from the 3rd working day after the end of the rental period
- box 6 pieces maternity: CHF 15.00 per additional week from the 3rd working day after the end of the rental period
17. Customer service
For any information or question, our Customer Service is at your disposal by email on email@example.com.
18. Data protection
The information and data concerning you collected when creating your account are necessary for the management of your order and our commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable us to improve and personalise the services we offer you and the information we send you.
You can access and modify all your data at any time in your customer account on the www.biboutic.ch website.
Depending on the choices you make when creating or consulting your account, you may receive offers from our company. If you no longer wish to do so, you can request this at any time.
19. Final provisions
The place of performance for Bibou'tic's services is at Bibou'tic's head office.
Bibou'tic reserves the right to modify the present GCS at any time. The modifications are communicated on Bibou'tic's website and come into force when they are put online.
Only Swiss law is applicable to the present GCS and to any disputes resulting from or related to the relationship between Bibou'tic and the Client.
The exclusive jurisdiction for all disputes between Bibou'tic and the Client is at the registered office of Bibou'tic. However, Bibou'tic is entitled to act against the Client at his domicile.
Appendix 1: Maternity clothing price list