Terms of sale

Terms and Conditions of Sale

Last updated: February 27, 2024

These Terms and Conditions of Sale govern all relationships between:

ZUUKOU MAYZIE EMPIRE 
SAS, société par actions simplifiée
Share capital: €1,000.00
SIRET : 89278469500017
Registered office: 
8 rue du parc
95360 Montmagny, France

And any person placing an order for one or more products on bgboysclub.com, hereinafter referred to as the “Customer” or “You.”

1. Purpose

These Terms and Conditions of Sale, hereinafter referred to as the “Terms”, define the conditions under which products are sold remotely through the website bgboysclub.com, hereinafter referred to as the “Site”, between the Seller and the Customer.

They set out the full rights and obligations of both parties. The Customer may print these Terms.

These Terms apply, without restriction or reservation, to all sales of products offered by the Seller on the Site.

By placing an order for a product offered for sale on the Site, regardless of the device or medium used, the Customer fully and unconditionally accepts these Terms and acknowledges having read them before placing the order.

2. General Provisions

For the purposes of these Terms, a Customer is any individual who is at least 18 years old or has the authorization of a legally authorized person at the time of confirming the order.

The Customer is a consumer, meaning that they are acting for purposes outside their commercial, industrial, craft, self-employed or professional activity.

For home deliveries, the Customer must reside in one of the delivery areas offered by the Seller, including Metropolitan France, Monaco, Switzerland, Belgium, Luxembourg, Canada, Martinique, Guadeloupe, Réunion, Mayotte, Saint Barthélemy, Saint Martin, and Saint Pierre and Miquelon, subject to availability at checkout.

The Customer acknowledges having full legal capacity to enter into these Terms.

The Seller reserves the right to modify and update these Terms at any time. The applicable Terms are those in force at the time the order is placed.

If one or more provisions of these Terms are held to be invalid or declared as such under a law, regulation or final decision of a competent court, the remaining provisions shall remain fully valid and enforceable.

Failure by either party to enforce any obligation under these Terms shall not be interpreted as a waiver of that obligation in the future.

3. Product Features and Prices

The Seller presents the products available on the Site together with detailed descriptions allowing the Customer to know their essential characteristics before placing a final order.

The Customer acknowledges that, at the time of placing the order, they have read and accepted the specific sales conditions displayed on the Site, including product name, price, composition, weight, quantity, color, product features and any applicable service costs.

Product offers and prices displayed on the Site are valid as long as they are visible and available. A product that is no longer available will be indicated as such.

Adding a product to the cart does not constitute confirmation of the order. A product may become unavailable between the time it is added to the cart and the final confirmation of the order.

Prices displayed on the Site are indicated in euros, all taxes included. Prices do not include any communication costs related to use of the Site.

Prices are subject to French VAT, and any change in the applicable VAT rate may be reflected in the price of the products.

In the event of an input, printing or calculation error resulting in a price that is clearly lower than the normally charged price, the Customer will be charged the lower price unless that price is clearly derisory and unrelated to the real value of the product ordered.

In such a case, the order may be cancelled, even if it has already been automatically confirmed by the Seller. The Customer will be informed as soon as possible and may place a new order at the correct price.

4. Order Confirmation

The Customer places an order in accordance with the instructions displayed on the Site and these Terms.

Each item must be added to the cart. A summary showing all items in the cart is displayed when the Customer proceeds to checkout. At this stage, the Customer may check, modify or remove the selected products.

The Customer confirms the cart by clicking the relevant checkout or order confirmation button. Any order that has not been confirmed cannot be processed. Adding a product to the cart alone does not constitute confirmation of the order.

After confirming the order, the Customer selects the available delivery method and enters the required payment information. The Customer acknowledges that placing an order creates an obligation to pay.

The Seller recommends that the Customer keep a copy of the order details on paper or another reliable medium.

The Seller confirms receipt of the Customer’s order by sending an automatic email summarizing the essential characteristics of the products ordered, the total price including tax and, where applicable, any issues or reservations relating to the order.

The Seller may request proof of identity from the Customer. In such a case, the order will only be confirmed after the requested documents have been received and validated.

The Seller reserves the right not to confirm an order, particularly in the event of refusal of payment authorization, non-payment of a previous order, ongoing payment dispute, incomplete order, issue relating to the order received, foreseeable supply issue, or recall procedure concerning one or more ordered products.

The Customer will be informed by email where applicable. Lack of confirmation by the Seller shall not be considered acceptance of the order.

5. Payment

The Customer expressly acknowledges that placing an order requires payment.

The Customer may pay for the order using the payment methods offered on the Site, including where available:

* Mastercard;
* Visa;
* PayPal;
* Apple Pay;
* Shop Pay.

All banking transactions are carried out securely. Payment details entered when placing an order are not stored on the Site’s servers. For security reasons, the Customer may be required to enter payment information for each new order.

Payment by cheque is not accepted.

The Customer guarantees that the payment method used is valid and has not been obtained through fraudulent means.

If an order has not been fully or partially paid, the Seller may inform the Customer by email and request payment. Failing a response or resolution, the Seller reserves the right to refuse to process the order, cancel current orders or suspend the Customer’s account.

The Seller may also suspend any order in the event of payment authorization refusal by financial institutions.

6. Delivery and Receipt

The Seller may offer different delivery options for the Customer’s order. Available delivery methods and costs are indicated before the order is confirmed.

Home delivery is made to the delivery address provided by the Customer, provided that the address is within the Seller’s delivery area. Delivery means the transfer to the Customer of physical possession or control of the goods.

The Customer is responsible for verifying the accuracy of all information entered before confirming the order, including building number, floor, intercom name, access code, street name, postcode, city, phone number and email address.

In the event of an error in the delivery details provided by the Customer, neither the Seller nor the carrier may be held responsible if delivery cannot be completed.

Delivery is made to the doorstep of the address provided by the Customer and in the presence of the Customer or any person authorized to receive the goods. Carriers are not required to enter the Customer’s home.

The Seller reserves the right not to process an order from a Customer who cannot justify their delivery address upon request from customer service or the carrier.

The Customer may be required to prove their identity upon delivery by presenting valid official identification and, if necessary, the order number assigned by the system and communicated in the order confirmation email.

If the Customer cannot receive the order personally, they must appoint a third party to receive it on their behalf.

The Seller cannot be held responsible for delivery of the order to a third party present at the delivery address provided by the Customer.

Once the order has been delivered to the address provided by the Customer and, where applicable, signed for, the delivery obligation shall be considered fulfilled. The Seller disclaims any liability for subsequent loss or theft.

Delivery fees may apply depending on the products and the Customer’s address. Delivery fees are calculated automatically and displayed before the order is confirmed.

The delivery date will be communicated to the Customer. The Seller will use its best efforts to meet the announced delivery times. If delivery times cannot be met, the Customer will be informed by any appropriate means, including email, SMS or telephone.

In the event of a delivery delay, the Customer is invited to contact customer service so that an appropriate solution can be found.

If the Customer does not receive the order, if the carrier is unable to deliver it due to an incorrect or incomplete address, or if the Customer does not collect the order from the location indicated by the carrier, the Seller may contact the Customer to arrange a new delivery.

If the Seller is unable to contact the Customer or if a new delivery is impossible within four (4) months from the original delivery date, the Seller may cancel the order and issue a refund, less delivery costs, which shall remain retained by the Seller.

7. Right of Withdrawal

In accordance with Article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days to exercise their right of withdrawal from the order.

The withdrawal period expires fourteen (14) days after the day on which the Customer, or a third party designated by the Customer, physically receives the products.

To exercise the right of withdrawal, the Customer must notify the Seller in writing before the expiry of the 14-day period by contacting customer service.

Once the Customer has notified the Seller of their decision to withdraw, the Customer must return the product or products without undue delay and, in any event, within fourteen (14) days of notifying the withdrawal.

Returns must be sent to the following address:

BGBC Bold House
104 rue du Faubourg Saint Antoine
75012 PARIS
France

Products must be returned in their original packaging, in good condition, with all accessories and documentation where applicable.

Products must be in perfect resale condition. Any product that is incomplete, damaged, or has been handled beyond what is necessary to establish its nature, characteristics and proper functioning may not be refunded, or may result in a reduced refund as permitted by law.

Return shipping costs are the responsibility of the Customer.

Refunds will be issued within a maximum period of fourteen (14) days from the date on which the Customer informed the Seller of the decision to withdraw. The Seller reserves the right to defer the refund until the returned products have been received.

The Seller will refund the Customer using the same payment method used for the initial transaction, unless the Customer expressly agrees to another payment method.

If a product was purchased with a commercial discount or promotion, the refund will be based on the amount actually paid by the Customer, not the original undiscounted price.

8. Exclusions from the Right of Withdrawal

The Customer is reminded that the right of withdrawal cannot be exercised for certain contracts, including:

* The supply of goods made to the Customer’s specifications or clearly personalized;
* The supply of goods liable to deteriorate or expire rapidly;
* The supply of sealed goods which have been unsealed after delivery and cannot be returned for health protection or hygiene reasons;
* The supply of audio or video recordings or computer software when unsealed by the Customer after delivery;
* The supply of digital content not supplied on a tangible medium where performance has begun after the Customer’s prior express consent and express waiver of the right of withdrawal.

9. Legal Guarantees

9.1 Legal Guarantee of Conformity

The Seller undertakes to deliver goods that conform to the Customer’s order.

For tangible goods, the Customer may rely on the legal guarantee of conformity provided by the French Consumer Code.

The Seller is liable for any lack of conformity existing at the time of delivery, as well as any lack of conformity resulting from packaging, assembly instructions or installation where such installation was the Seller’s responsibility under the contract or was carried out under the Seller’s responsibility.

A product is deemed to conform to the contract if it is fit for the usual purpose expected of similar goods, corresponds to the description given by the Seller, and has the qualities presented to the Customer in the form of a sample or model, where applicable.

It must also present the qualities that a buyer may legitimately expect in light of public statements made by the Seller, producer or representative, particularly in advertising or labeling.

The Customer may also rely on any characteristics agreed between the parties or any special use sought by the Customer, brought to the Seller’s attention and accepted by the Seller.

Actions arising from lack of conformity are subject to the limitation periods provided by applicable law.

9.2 Warranty Against Hidden Defects

The Seller is also bound by the warranty against hidden defects under Articles 1641 to 1649 of the French Civil Code.

The Seller is liable for hidden defects in the goods sold that make them unfit for their intended use, or that so impair their use that the Customer would not have purchased them, or would have paid a lower price, had the Customer known of them.

Any action resulting from hidden defects must be brought within the time limits provided by applicable law.

10. Customer Service

For any question, information request or complaint, Customer Service can be contacted by email at:

667@bgboysclub.com

The detailed product page is the only contractual source regarding the product.

Products may evolve over time, and manufacturers may modify product packaging, technical composition or product characteristics without prior notice.

The Seller may be released from all or part of its liability by proving that the non-performance or improper performance of the contract is attributable either to the Customer, to an unforeseeable and unavoidable act of a third party to the contract, or to an event of force majeure as defined by applicable law.

11. Personal Data

In accordance with applicable personal data protection regulations, the Customer is informed that the Seller, as data controller, processes personal data.

For more information about this processing and the Customer’s rights, Customers are invited to review the Privacy Policy available on the Site.

For any request relating to the exercise of rights over personal data processed through the Site, the Customer may submit a request by providing their surname, first name, email address and, where possible, customer reference.

Privacy Policy:
https://99bf24-2.myshopify.com/policies/privacy-policy

Requests may also be sent by email to:

667@bgboysclub.com

Or by postal mail to:

ZUUKOU MAYZIE EMPIRE
8 rue du parc
95360 Montmagny, France

In accordance with applicable regulations, the request may need to be signed and accompanied by a copy of an identity document bearing the Customer’s signature, and must specify the address to which the response should be sent. A response will be provided as soon as possible.

12. Applicable Law and Jurisdiction

Products sold by the Seller are governed by French law, regardless of the Customer’s country or region of residence and regardless of the place where the order is placed.

Any dispute relating to the existence, interpretation, performance or termination of the contract concluded between the Seller and the Customer shall, failing an amicable agreement, fall under the jurisdiction of the competent French courts, in accordance with the rules laid down by the French Code of Civil Procedure.