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 terms and conditions govern their relationship exclusively. The seller reserves the right to modify its general terms and conditions from time to time. They will be applicable as soon as they are posted online. Any modification to these general terms and conditions of sale cannot apply to orders placed prior to the modification being posted online.
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 present general conditions of sale of the company BTM, brand Bdreams, aim to define the rights and obligations of the parties within the framework of the online sale of products offered by the site www.bdreams.fr to the site's customers, from the order to the services, including payment and delivery in mainland France.
These conditions only apply to purchases made by buyers located in France and delivered exclusively within French territory. For any delivery outside France, please send a message to the following email address : contact@bdreams.eu
This website is owned and operated by:
BTM,
SAS with capital of 20,000 euros,
3 Avenue Thomas Edison, 35340 LIFFRE
807 740 048 RCS RENNES
Tel: 07.60.20.28.08
Email: contact@bdreams.eu
Article 3 – The order
The buyer has the option of placing his order online, from the online catalog and using the form provided there.
To confirm the order, the buyer must accept these general terms and conditions by clicking on the appropriate button. The buyer must also select the delivery address and method, and finally confirm the payment method.
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be subject to a possible exchange and the guarantees mentioned below.
In certain cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
In the event of unavailability of an ordered product, the buyer will be informed by email or 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 questions regarding order tracking, the buyer should call 07.60.20.28.08 or send their request to the following email address contact@bdreams.eu
Article 4 – Electronic signature
The online provision of the buyer's bank card number and the final validation of the order will constitute proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000 and will be worth:
- due date 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 buyer's agreement, on another durable medium, confirming the express commitment of the parties.
Article 6 – Proof of the transaction
The computerized records, stored in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The 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 listed on the seller's website and indicated as sold and shipped by the seller. They are offered while stocks last or, where applicable, on pre-order.
Products marketed in collaboration with the Dormeur® brand are subject to the general conditions of sale specific to this brand. Each product is described and presented with the greatest care in order to guarantee the most accurate information.
as faithful as possible. However, errors or omissions may occur. In this case, we invite you to contact us so that we can make the necessary corrections and continuously improve our customer experience.
The photographs and visuals 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.
Prices are quoted in euros, with the understanding that delivery, which is free for purchases over €35, is entrusted by the seller to its usual partner. However, if the buyer wishes transport and delivery to be carried out by a transport company other than the one usually chosen by the seller, the buyer will have to bear the transport and delivery costs alone.
Prices include 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, particularly environmental ones, were to be created or modified, either upwards or downwards, this change could be reflected in the selling price of the products.
Article 9 – Payment conditions
The customer must pay a deposit of 100% of the price including tax when placing the order.
Only the actual collection 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 implies payment by the buyer.
To pay for their order, the buyer has the choice of payment methods made available by the seller and listed on the seller's website, namely: Bank card (Visa, Mastercard, etc.) and Paypal.
The buyer guarantees to the seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The seller reserves in particular 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 being administered. The seller has implemented an order verification procedure intended to ensure that no person 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 the seller has received and verified the documents sent.
For payments in installments , refer to the eponymous page.
Article 11 – Availability of products - Reimbursement
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the website's homepage, shipping times will be, subject to available stocks, those indicated below. Shipping times run from the date the order is registered, as indicated in the order confirmation email.
For deliveries in Metropolitan France, the delivery time is 2 working days from the day following the day on which the buyer placed their order.
In the event of non-compliance with the contractual deadlines, the buyer may terminate the contract by registered letter with acknowledgement of receipt, after having ordered the seller to make the delivery or provide the service within a reasonable additional period. However, if he so wishes, the buyer may 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 sums paid, at the latest within 14 days following the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel the 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 an exchange of the product.
Article 12 – Delivery terms
Delivery of the products only takes place after confirmation of payment by the seller's banking institution.
Orders are shipped by the seller's partner carrier and delivered to the address provided by the buyer when ordering. The buyer is responsible for the accuracy of the information provided. Any package returned due to an incorrect or incomplete address may be reshipped at the buyer's sole expense.
If you are not there at the time of delivery, the carrier will leave a delivery notice specifying the location and time of collection of the package. Deliveries are made exclusively to the doorstep of the home; no installation, assembly or commissioning is provided by the carrier.
Upon receipt, it is the buyer's responsibility to check the condition of the package and the products in the presence of the delivery person:
• If the packaging is damaged, open or torn, the buyer must refuse the package and indicate the precise reason on the delivery slip (e.g.: “package refused because damaged”).
• Any anomaly (damage, missing product, broken item, damaged package, etc.) must be noted in the form of detailed, dated and signed handwritten reservations.
Reservations must be confirmed by the buyer to the carrier within a maximum period of ten (10) days following receipt of the items, with a copy sent to the seller.
In the event of a return due to damage noted upon delivery, the buyer must inform the seller within 48 hours of receipt. Returns will only be accepted if the products are complete and returned in their original condition (packaging, accessories, instructions, etc.).
Article 13 – Delivery errors
The buyer must notify any delivery error or non-conformity of the products (quantity, nature, or quality) on the day of delivery or at the latest 48 hours after receipt. Claims made after this deadline cannot be taken into account for errors visible at the time of delivery.
The complaint must be sent by email to the following address: contact@bdreams.eu , specifying the order number and the exact nature of the problem observed.
Important: This period only concerns anomalies visible upon receipt.
Article 14 – Right of withdrawal
The buyer has a period of 100 days for mattresses, 14 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 the return of a box spring or an error in the size of the product where the return costs are the responsibility of the buyer .
The customer who purchases from the Bdreams® showroom located in Liffré 35340 can exercise his right of withdrawal for a period of 14 days from the date of receipt of the item(s). To exercise his right of withdrawal, the customer must contact the Bdreams® company (see contact details on the website www.bdreams.fr)
Article 15 – Return procedure - Conditions for return and condition of items - Reimbursement
After having communicated his decision to withdraw, the buyer then has 14 days to return or restore the goods.
The product must be returned to the seller, whole, undismantled and in its original packaging, by carrier, to the following address: BTM, 3 Avenue Thomas Edison, 35340 LIFFRE.
Returned products must, however, only show signs of normal use and must not be damaged. Products with significant stains or abnormal wear, for example, cannot be returned and therefore refunded. Failure to comply with this condition will result in the return being refused.
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 product size 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. Note that the return costs of a headboard or a box spring will be the responsibility of the buyer, in addition to a product defect discovered within 24 hours after delivery (see article 12 of the General Terms and Conditions).
The seller shall reimburse the buyer for all sums paid, without undue delay and at the latest within 14 days following the date on which he is informed of the consumer's decision to withdraw. The seller may, however, defer reimbursement until the goods have been recovered or until the buyer has provided proof of shipment of the goods, whichever is the earliest.
Article 16 – Cookies Policy
The Client expressly authorizes Bdreams to place a file called a “cookie” on the client’s hard drive.
The purpose of this "cookie" is to facilitate the collection of statistics, customer recognition and identification in the "my account" area of the Bdreams website. A cookie does not allow us to identify you by name. Generally, it records information relating to your browsing on our site, which we can read during your subsequent visits.
This data is strictly intended for internal use by Bdreams and is not communicated to third parties.
You can object to the use of cookies by configuring your browser.
Some cookies are advertising cookies that allow us to record the products viewed in order to present you with advertising banners in line with your interests within a maximum period of 90 days.
Article 17 – Product warranty
The consumer has a period of two years from delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without any major inconvenience to them.
If the product is repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the immediate reduction in price or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the consumer code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the item is kept or to a full refund upon return of the item.
Article 17 bis - Commercial guarantee
This warranty covers any material or manufacturing defect, with the exception of damage linked to abnormal or faulty use or resulting from a cause external to the intrinsic qualities of the product.
The duration of the commercial warranty varies depending on the product category:
• Mattress: 5 years
• Bed base and headboard: 5 years
• Mattress toppers, pillows and duvets: 2 years
This warranty takes effect from the date of delivery and requires presentation of the original invoice.
Additional information: legal and commercial guarantees are cumulative and one does not exclude the other.
Article 18 – Force majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered grounds for exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, shall be considered as cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown 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 execution of the contract will be continued. If the force majeure event lasts for more than three months, these general conditions may be terminated by the injured party.
Article 19 – Partial non-validation
If one or more provisions of these general conditions are held to be invalid or declared as such pursuant to a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 20 – Non-waiver
The fact that one of the parties does not 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 the event of any difficulty of interpretation between any of the headings appearing at the head of the clauses, and any of the clauses, the headings shall be declared non-existent.
Article 22 – Applicable law
These general terms and conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to both substantive and formal rules. In the event of a dispute or claim, the buyer will first contact the seller to obtain an amicable solution. Failing this, the buyer may initiate proceedings before the court of their 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 it with the unique Eco-Mobilier identifier: FR035519_103P74.
Article 23 - Disputes - disputes - Free mediation procedure
- Complaints
Any complaints relating to the products or services provided should be addressed
directly to the seller in writing, either:
• By post, to the address indicated in the legal notices of the site,
• By email, to contact@bdreams.eu .
2. Use of mediation
In the event of any dispute or litigation arising from the application, validity,
the interpretation or execution of these general conditions, the parties
may, if they wish, resort to a mediator or any other alternative method
dispute resolution in an attempt to resolve the dispute amicably.
The seller informs the customer that the contact details of the mediator to whom he reports are:
following:
AMBO
–
Jean Le Coutaller Association House
5 Pl Louis Bonneaud
56100 LORIENT Tel: 06 46 26 62 81
Email: mediation.conso@ambo.bzh
Website: www.mediation-consommation.ambo.bzh
Use of this mediator is free for the client.
3. Legal recourse
If the dispute persists after mediation or if no amicable solution is found, the
The dispute will be brought before the competent courts in accordance with the rules of common law.
4. Additional information
This procedure applies without prejudice to the consumer's statutory rights, including
including those provided for by the Consumer Code and the Civil Code.