Terms of Sales
Article 1 – Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions from time to time. They will be applicable as soon as they are put online. Any modification of these general conditions of sale cannot apply to orders placed prior to the posting of the modification.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
Article 2 – Purpose
The purpose of these general conditions of sale of the company BTM, Bdreams brand, is to define the rights and obligations of the parties in the context of the online sale of products offered by the site www.bdreams.fr to customers of the site, to the order to the services, through the payment and the delivery in metropolitan France.
These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory. For any delivery outside France, please send a message to the following email address firstname.lastname@example.org
This website is owned and operated by:
SAS with a capital of 20,000 euros,
3 Avenue Thomas Edison, 35340 LIFFRE
807 740 048 RCS RENNES
Article 3 – The order
The buyer has the option of placing his order online, from the online catalog and using the form therein.
For the order to be validated, the buyer must accept, by clicking where indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In some cases, including non-payment, incorrect address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In case of unavailability of a product ordered, the buyer will be informed by e-mail or by telephone.
The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, the buyer must call 07.60.20.28.08 or make his request to the following email address email@example.com
Article 4 – Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will be worth proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
- payment of the sums due under the purchase order,
- signature and express acceptance of all operations carried out.
Article 5 – Order confirmation
The seller provides the buyer with a copy of the contract/invoice, or, with the agreement of the buyer, on another durable medium, confirming the express commitment of the parties.
Article 6 – Proof of the transaction
The computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of the communications, orders and payments made between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 7 – Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and dispatched by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the seller cannot be held liable.
The photographs of the products are not contractual.
Article 8 – Price
The seller reserves the right to modify its prices at any time but undertakes to apply the current prices indicated at the time of the order, subject to availability on that date.
The prices are indicated in euros, it being specified that the delivery which is free beyond 35€ of purchase is entrusted by the seller to his usual partner. However, if the buyer wishes that the transport and delivery be carried out by a transport company other than that usually chosen by the seller, the buyer must bear the transport and delivery costs alone.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the products.
Article 9 – Terms of payment
The customer must pay when placing the order a deposit of 100% of the amount including tax of the price.
Only the effective receipt of all sums credited to the seller's bank account constitutes payment within the meaning of this article.
Article 10 – Method of payment
This is an order with payment obligation, which means that placing the order involves payment by the buyer.
To pay for his order, the buyer has, at his option, the payment methods made available to him by the seller and listed on the seller's site, namely: Credit card (Visa, Mastercard, etc.) and Paypal.
The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any management of the order and any delivery in the event of refusal of authorization of payment by bank card on the part of officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. . The seller has implemented an order verification procedure intended to ensure that no one uses the bank details of another person without their knowledge.
As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by email. The order will then only be validated after receipt and verification by the seller of the documents sent.
Article 11 - Availability of products - Reimbursement
Except in cases of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France, the deadline is 2 working days from the day following that on which the buyer placed his order.
In the event of non-compliance with the contractual deadlines, the buyer may terminate the contract, by registered letter with acknowledgment of receipt, after having ordered the seller to make the delivery or provide the service within a reasonable additional period. However, if he wishes, the buyer can immediately terminate the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, at the latest within 14 days following the date on which the contract was terminated.
In case of unavailability of the product ordered, the buyer will be informed as soon as possible and will have the possibility of canceling his order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment at the latest, or the exchange of the product.
Article 12 – Terms of delivery
Delivery is made only after confirmation of payment by the seller's bank.
The products ordered are delivered by the seller's partner carrier.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense.
If the buyer is absent on the day of delivery, the deliverer will leave a notice in the mailbox, which will allow the package to be collected from the place and during the period indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out when the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations by registered mail to the carrier no later than two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the site legal.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 24 hours of delivery. Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer must formulate with the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of error of delivery and/or non-conformity of the products in kind or in quality with respect to the instructions on the order form. Any complaint made after this period will be rejected.
The complaint must be made by email to the following email address firstname.lastname@example.org
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any liability vis-à-vis the buyer.
Article 14 – Right of withdrawal
The buyer has a period of 100 working days for mattresses, 14 working days for any other product, from the date of delivery of his order, to return the item that does not suit him and request an exchange or refund without penalty, in addition to product size error where the return costs are the responsibility of the buyer .
The customer who buys at the showroom of the company Bdreams® located in Liffré 35340 can exercise his right of withdrawal for a period of 14 days from the date of receipt of the article(s). To exercise his right of withdrawal, the customer must contact the company Bdreams® (see contact details on the website www.bdreams.fr)
Article 15 - Return procedure - Conditions of return and condition of items - Refund
After communicating his decision to withdraw, the buyer then has 14 days to return or return the goods.
The product must be returned to the seller, whole, not disassembled and in its original packaging, by carrier, to the following address: BTM, 3 Avenue Thomas Edison, 35340 LIFFRE.
However, returned products must only show signs of normal use and be undamaged. Products with, for example, excessive stains or abnormal wear and tear cannot be taken back and therefore refunded. Failure to comply with this condition will result in the refusal of the return.
This right of withdrawal is exercised without penalty, it being understood that the return costs are the responsibility of the seller, in addition to the error in the size of the product where the return costs are the responsibility of the buyer . In the case of an exchange for a product other than the one ordered, the reshipment will be at the seller's expense.
The seller must reimburse the buyer for all sums paid, without undue delay and at the latest within 14 days of the date on which he is informed of the consumer's decision to withdraw. The seller may, however, defer reimbursement until recovery of the goods or until the buyer has provided proof of the shipment of these goods, the date chosen being that of the first of these facts.
Article 16 – Cookies policy
The Customer expressly authorizes the Bdreams company to deposit a so-called "cookie" file on the customer's hard drive.
This "cookie" is intended to facilitate the collection of statistics, the recognition of the customer and his identification in the "my account" space of the Bdreams company website. A cookie does not allow us to identify you by name. In general, it records information relating to your browsing on our site, which we can read during your subsequent visits.
These data are strictly intended for internal use by Bdreams and are not communicated to third parties.
Some cookies are advertising cookies that allow us to record the products consulted to present advertising banners to you in accordance with your interest within a maximum period of 90 days.
Article 17 – Product warranty
The BTM company, Bdreams sign, seller, is the guarantor of the conformity of the goods to the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 211-4 and following of the code of the consumption or the guarantee of defects of the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- The buyer has a period of 2 years from the delivery of the property to act;
- The buyer can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 211-9 of the consumer code;
- The buyer is exempted from providing proof of the existence of the lack of conformity of the good during the 24 months following the delivery of the good.
In addition, it is recalled that:
- the legal guarantee of conformity applies independently of the commercial guarantee indicated below;
- The buyer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, he can choose between rescinding the sale or reducing the price in accordance with article 1644 of the civil code.
The products sold are also covered by a commercial guarantee aimed at guaranteeing their conformity and ensuring the reimbursement of the purchase price, the replacement or repair of the goods. It does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products.
This 10-year commercial warranty applies to the mattress and covers any material or manufacturing defect. This warranty takes effect from the date of delivery. The presentation of the original invoice will be strictly required when the warranty is invoked.
The preceding provisions are not exclusive of the application of the legal guarantee of conformity of article L. 211-4 of the consumer code and the guarantee of defects of the thing sold of articles 1641 and following of the civil code. .
The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of law n° 98-389 of May 19, 1998 relating to liability for defective products.
Article 18 – Force majeure
All circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Will be considered as cases of force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
Article 19 – Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 20 – Non-waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Article 21 – Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 – Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for the rules of substance as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution. Failing this, the buyer may initiate proceedings before the court of his choice.
Since January 1, 2022, the anti-waste law (AGEC law) for a circular economy, adopted in February 2020, has become mandatory. The Bdreams company contributes to this with the unique Eco-Mobilier identifier: FR035519_103P74.
Article 23 - Disputes - disputes - Free mediation procedure
Complaints are sent directly in writing to the seller, either by post or by e-mail.
In the event of a dispute or dispute arising from the application of these general conditions, their validity, their interpretation, their execution and more generally any dispute relating to the provision of services, the parties may, to put an end to their dispute and if they wish, resort to a mediator or any other alternative dispute resolution method.
The seller informs the customer that the contact details of the mediator to whom he reports are as follows:
Boulevard de Clichy 750009 PARIS
Recourse to this mediator is a free procedure for the client.
In the event of persistent disagreement, the dispute will be brought before the competent courts under the conditions of common law.