TERMS  & CONDITIONS
MY BOO - KASE
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www.mybookase.com (the "Website") is published by the company My Boo-Kase, a french “société par actions simplifiée” with a capital of €2,000, whose registered office is located at 17 rue Jules Verne 93400 - Saint-Ouen, registered with the Paris Company and Trade under number 891 736 308, including intra-community VAT number FR55891736308 (hereinafter
“My Boo-Kase”).
 
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
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The general Terms and Conditions of sale (the "T&C's") detailed below apply to all orders for products placed via the Website  (the "Products") with My Boo-Kase by any person (the "Customer").
 
The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the Website.
 
My Boo-Kase reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the www.mybookase.com site at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of the T&Cs by the Customer.
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II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
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www.mybookase.com is an e-commerce Website owned and operated by My Boo-Kase.
 
The Website is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by My Boo-Kase for the purposes of its maintenance and/or security or in the event of force majeure ( as defined below). My Boo-Kase cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
 
My Boo-Kase does not guarantee that the Website will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Website or its content. Nor can My Boo-Kase be held responsible for problems with data transmission, connection or unavailability of the network.
 
My Boo-Kase reserves the right to make the Website evolve, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.
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III. PRODUCTS
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The Products offered for sale are those described on the Website on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of My Boo-Kase. As such, My Boo-Kase cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.
 
My Boo-Kase takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts.
 
My Boo-Kase does not guarantee the accuracy or security of information transmitted or obtained through the Website.
 
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that My Boo-Kase only accepts the return of undamaged and unused Products, these two conditions being checked before returning the returned Products to stock.
 
IV. ORDERS
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Taking an Order on the Website is subject to compliance with the procedure set up by My Boo-Kase on the Website comprising successive stages leading to the validation of the Order.
 
The Customer can select as many Products as he wishes which will be added to the cart (the "Cart"). The Cart summarizes the Products chosen by the Customer as well as the prices and costs relating there to. The Customer may freely modify the Cart before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the T&C's, the Products purchased, their price as well as the associated costs. 
The price paid by the client doesn’t include customs and others taxes. Such additional costs shall be directly paid by the client to the carrier.
 
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by My Boo-Kase. To this end, the Customer formally accepts the use of e-mail for confirmation by My Boo-Kase of the content of his Order. Invoices are available in the "my account" section of the Site.

 
V. REFUSAL TO PROCESS AN ORDER
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My Boo-Kase reserves the right to withdraw any Product displayed on the Website at any time and to replace or modify any content or information appearing on the latter. Despite My Boo-Kase's best efforts to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
 
My Boo-Kase cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Website, or the replacement or modification of any content or information appearing on this Website, or even the refusal to process an Order after sending the confirmation email summarizing the Order.
 
My Boo-Kase also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
 
VI. PRICES AND TERMS OF PAYMENT
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The prices of the products are indicated on the Website in euros, all taxes included (VAT and other taxes applicable on the day of the order), unless otherwise indicated and excluding processing and shipping costs. 
In the event of an order to a country other than metropolitan France, you are an importer of the product(s) concerned, customs duties or other local taxes or import duties or state taxes may be payable. These rights and sums are not the responsibility of the company My Boo-Kase. They will be at your expense and are your sole responsibility, both in terms of declarations and payments to the competent authorities and bodies in your country. We advise you to inquire about these aspects with your local authorities. All orders, whatever their origin, are payable in euros.
My Boo-Kase reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
 
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Payment for purchases is made either via Paypal or via the secure platform of our payment provider STRIPE.
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The Customer expressly acknowledges that the communication of his bank card number to My Boo-Kase constitutes authorization to debit his Account up to the price of the Products ordered. If necessary, a notification of Order cancellation for non-payment is sent to the Customer by My Boo-Kase to the email address provided by the Customer when registering on the Website.
 
The data recorded and kept by My Boo-Kase constitutes proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and My Boo-Kase.
 
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VII. DELIVERY
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Deliveries are made via La Poste by International tracked priority letter from Monday to Friday.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
 
The Delivery costs applicable to the Order are those mentioned on the Website at the time of the Order in the “Delivery” section.
 
When My Boo-Kase takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
 
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by My Boo-Kase.
 
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.
 
If it is impossible to make the Delivery, due to an incorrect delivery address, no reshipment can be made and the Customer will be reimbursed within five (5) days of receipt of the Order by My Boo- Kase.
 
My Boo-Kase delivers Orders within a maximum period of twelve (12) working days for Delivery in Metropolitan France and twenty (20) working days for International Delivery, this period being counted from the first working day after validation of the Order.
 
 
My Boo-Kase cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
 
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, My Boo-Kase cannot be held responsible for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by My Boo-Kase being possible to the exclusion of any other form of compensation.
 
VIII. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
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8.1. Deadline and procedures for exercising the right of withdrawal
 
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from
My Boo-Kase, without having to justify its decision.
 
The exercise of the right of withdrawal can be done either by logging into your customer account in the "order" section, or by using and sending the model withdrawal form appearing in the appendix to the Terms and Conditions of Sale, by post, to the next address : 
My Boo-Kase – Returns Service – 17 rue Jules Verne – 93400 Saint-Ouen, France, or by email at hello@mybookase.com.
 
8.2. Terms of return of the Order under the right of withdrawal
 
The right of withdrawal is exercised without penalty.
 
The Customer returns the Order with the prepaid return voucher provided by My Boo - Kase without undue delay and, at the latest, within fourteen (14) days following the communication of its decision to withdraw in accordance with Article L. 221 -21 of the Consumer Code.
 
Beyond this period of fourteen (14) days, the sale is firm and definitive. The Product must be returned in its original packaging, in its original condition, new, unused, unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with his Order.
The return of the Products is the responsibility of the Customer and is at his own risk if the place of Delivery is not in the aforementioned countries.
 
8.3. Reimbursement of Products returned under the right of withdrawal
 
Reimbursement of the Order by My Boo-Kase is made no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
 
However, the refund is subject to My Boo-Kase being able to recover the Products subject to the return and the refund request.
 
My Boo-Kase makes the refund using the same means of payment as the one used to pay for the Order, unless the Customer expressly agrees to use another. If this means of payment and insofar as it has expired, the Customer must contact customer service to modify the method of reimbursement without incurring any costs for the consumer. My Boo-Kase cannot be responsible for reimbursement on an expired means of payment.
 
 
If the Customer fails to comply with these T&Cs, My Boo-Kase will not be able to reimburse the Products concerned. In all cases, the return costs are borne by My Boo-Kase if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
 
IX. WARRANTIES - LIMITATION OF LIABILITY
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9.1 Limitation of liability 
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My Boo-Kase's liability with respect to any Product purchased on the Website is strictly limited to the purchase price of the latter.
 
The documents, descriptions and information relating to the Products appearing on the Website are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
 
My Boo-Kase is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.

The products offered comply with the French legislation in force. The responsibility of the company My Boo-Kase cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is up to you to check with the local authorities the possibilities of importing or using the products or services that you plan to order.  
 
 
In addition, My Boo-Kase guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Website under the following conditions:
 
 
9. 2 Legal warranties
 
All products for sale on the Website benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered defective or non-compliant.
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Disclaimer of Warranties
 
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.
 
9.3 Methods of implementation of guarantees
 
As part of the legal guarantee of conformity, the Customer:
(i) has a period of two (2) years from delivery of the goods to act;
(ii) can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code;
(iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.
 
The legal guarantee of conformity applies independently of any commercial guarantee granted.
 
The Customer may 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 the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
 
For any request concerning the legal guarantees, the Customer must then contact the Customer Relations Department at hello@mybookase.com.
These provisions are not exclusive of the right of withdrawal defined in Article 8 above.
 
9.4 Consequences of the implementation of legal guarantees
 
As part of the legal guarantee of conformity, My Boo-Kase undertakes, at the Customer's choice:
- either to replace the Product with an identical product depending on available stocks,
- or to reimburse the price of the Product if the replacement of a Product proves impossible.
 
As part of the legal guarantee against hidden defects, My Boo-Kase, according to the Customer's choice, undertakes, after evaluation of the defect:
- either to reimburse the full price of the returned Product,
- or to reimburse part of the price of the Product if the Customer decides to keep the Product.
 
9.5 Force Majeure
 
In the event of the occurrence of an event of force majeure preventing the execution of these T&C's, My Boo-Kase shall inform the Customer thereof within fifteen (15) days of the occurrence of this event, by email or by letter. registered with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other industrial actions or disputes. business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of My Boo - Kase or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
 
 
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X. INTELLECTUAL PROPERTY
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All elements of the www.mybookase.com Website are and remain the exclusive intellectual property of My Boo-Kase. No one is authorized to reproduce, exploit, redistribute, or use for any reason whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of My Boo-Kase.  
 
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APPENDIX 1: MODEL WITHDRAWAL FORM
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(Complete and return this form as well as the order number only if you wish to withdraw from the contract. We advise you to also specify your order number)
 
To the attention of My Boo-Kase – 17 rue Jules Verne – 93400 Saint-Ouen, France
 
Email: hello@mybookase.com
 
I hereby notify you of my withdrawal from the contract relating to the sale of the property(ies) below:
Ordered on …………….. (order date) and/or received on …………….. (delivery date)
 
Name of Consumer Client:
 
Address of the Consumer Client:
 
Signature of the Consumer Client (only in the event of notification of this form on paper)
 
date:
 
For any information, you can contact Customer Service at hello@mybookase.com.
 
 
 
LEGAL INFORMATION
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It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.
 
I. PUBLISHER
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My Boo-Kase, a French "société par actions simplifiée" , with a capital of €2,000, registered with the Paris Company and Trade Register under number 891 736 308, whose registered office is at 17 rue Jules Verne - 93400 Saint-Ouen, France . 
 
The publication director is Fatoumata Soumaré, legal representative of My Boo-Kase.
 
Contact: hello@mybookase.com
 
II. HOST
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Wix
 
III. DESIGN AND PRODUCTION
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My Boo-Kase 
 
IV. PERSONAL DATA AND COOKIES
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In accordance with the provisions of law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the Website has been declared to the CNIL (Commission Nationale Informatique et Libertés) under the number 2039445.
All information in your Account is only used within the framework of your commercial relationship with www.mybookase.com. This information is never shared with third parties or resold. Finally, your banking information is never in our possession. Transactions are entirely processed by Paypal or by the secure payment module of our partner STRIPE. The Site uses cookies (cookies), which the user is informed of when arriving on the website, which allow information relating to the navigation of the computer on the website to be recorded. These cookies are installed only after acceptance by the user, the continuation of the navigation on the website being worth acceptance. The user can oppose the use of these cookies by configuring his browser, knowing that access to certain services may require the prior acceptance by the user of cookies.