Terms of sale
The company BOOME ("BOOME"), whose legal notices are available on the Site ("Site"), is an e-commerce website, accessible at www.boomeparis.com, which provides the following services and products:
● the sale of food supplements
● subscriptions ("Subscription") allowing monthly receipt of food supplements
● access to a directory of healthcare professionals ("Directory")
● access to workshops
● access to a personal Account ("Personal Account") to find all personal information and Subscription content
● access to Content on the Site, the term "Content" referring to any document, guide, article, or information accessible on the Site.
These general terms and conditions of sale and use ("GTC/GTU") are applied in accordance with Articles L.111-1 et seq. of the French Consumer Code. They determine the rights and obligations of the parties.
By validating the order, the user undertakes to have read, understood and unconditionally accepted these general terms and conditions of sale and use as well as their order.
No product purchased on the BOOME Site may be sold professionally by the buyer. Only personal use by the buyer is authorised.
Article 1 – Legal notices
These GTC/GTU define the conditions, legal obligations and terms of use of the website www.boomeparis.com. This site is published by the company BOOME.
BOOME is a simplified joint-stock company with a share capital of €3,000, registered with the Paris Trade and Companies Register under number 900 368 275, whose registered office is located at 60, cours de Vincennes, Paris, and represented by its President, Ms Laureline Reygner. The use of the Site and Services is exclusively reserved for persons of legal age who are capable of entering into contracts under French law.
Company contact: hello@boomeparis.com
The website is hosted by OVH, a simplified joint-stock company, registered with the Lille Trade and Companies Register under number 424 761 419 00045, whose registered office is located at 2 rue Kellermann, 59100 Roubaix, France (intra-community VAT number FR 22 424 761 419), whose general terms and conditions of services are available here.
Article 2 – Definitions
"Subscriber": any legal or natural person who has subscribed to a BOOME Subscription;
"Subscription": service aimed at receiving food supplements each month;
"Customer": any person who has placed an order for a product or taken out a Subscription sold on the Site;
"Order": any order placed by the buyer on this Site;
"General Terms and Conditions of Sale" or "GTC/GTU": these general terms and conditions of online use and sale;
"Parties": the Seller and the Customer;
"Products": products offered for sale on this Site;
"Site" refers to this website, namely www.boomeparis.com;
"Company" refers to the company BOOME;
"User": any legal or natural person who uses and browses this Site.
Article 3 – Purpose
These General Terms and Conditions of Sale aim to define the rights and obligations of the Parties following the online sale of Products offered on the Site.
These GTC/GTU apply:
● worldwide,
● and exclusively to sales made on the Site.
The GTC/GTU govern the conditions of Order, payment, delivery and any returns of Products ordered by Customers. Each User and Customer is required to read the GTC/GTU before placing any Order. They will be presumed to have read, understood and accepted them without reservation. The GTC/GTU are accessible at all times on the Site, sent with the invoice by email after each purchase, and are systematically communicated to any Customer who requests them. In the event of subsequent modification of the General Terms and Conditions of Sale, the version applicable to the Customer's purchase is the one in force on the Site at the date the Order is placed.
Article 4 – Legal capacity
It is mandatory that each Customer be:
● of legal age
● and capable of entering into a contract.
Article 5 – Health conditions
The Products sold on the Site are in no way a substitute for drug treatment. The workshops and information on the Site, however precise, scientific and modern they may be, are intended to improve and not replace the relationship between the Site visitor and their doctor. They are in no way a substitute for a consultation with a healthcare professional. Each product sold has been carefully designed and complies with all applicable legal obligations. The User/Customer will find information, dosages, compositions and advice on each product. It is the Customer's responsibility to read carefully, inform themselves, pay attention to their pathologies and drug treatments before purchasing and consuming the Products sold on the Site. In the event of discomfort or illness, the Customer acknowledges that no medical diagnosis or treatment can be made on or through this site. The Company shall also not be held liable for physical, psychological or psychiatric damages resulting from the use of advice published on the site.
Article 6 – Site Content
BOOME makes available on its site content related to its area of expertise, notably in the form of articles. The Company shall not be held liable for omissions, inaccuracies and deficiencies in articles or updates, whether due to its own actions or those of third-party partners who provide it with this information. All information indicated on the Site is given for information purposes only, is not exhaustive and is subject to change.
Article 7 – Account
The use of your personal space (with the exception of articles and informational content) is conditional on the creation of a BOOME Account (the "Account"). The creation of the Account implies acceptance of these General Terms and Conditions of Sale ("GTC/GTU"). Account creation is open to any natural person (aged at least 18 years and enjoying full legal capacity) or legally constituted legal entity acting through a duly authorised representative.
Account creation requires several pieces of information:
● your email address
● a personal and confidential password
● your first and last name
The accuracy and updating of the information you provide is your responsibility. You must immediately notify BOOME of any changes to this information. You can access and modify your information at any time in your "My Account" area. You are responsible for your Account, its use and its confidentiality; therefore do not share your Account username and password with third parties. If you think or know that your password is known to a third party, or that it is (potentially) being used in an unauthorised manner, BOOME must be immediately notified by sending an email to: hello@boomeparis.com and you must change the password immediately. You must have access to the email address you enter in your Account so that BOOME can send you personalised emails, for example to notify you of delivery tracking.
Article 8 – Subscription
The Customer may also subscribe to Subscriptions. This consists of the monthly dispatch of food supplements. Taking out a Subscription implies that the Subscriber accepts the GTC/GTU. They acknowledge having read, understood and accepted the GTC/GTU without reservation.
Article 9 – Organisation of workshops
Paid or free workshops may be organised by BOOME, possibly with healthcare professionals. BOOME reserves the right to organise these workshops on Instagram via live sessions or any other means of communication (ZOOM for example).
Article 10 – Geographic area
The Products are available for Europe and the French overseas territories and communities (DROM-COM) on the Site in French in accordance with the terms provided for in Article 18 of these General Terms and Conditions of Sale.
Article 11 – Access to the service
The Site is in principle accessible to the Subscriber 7 days a week, 24 hours a day, on a permanent basis. Access may be limited in the event of voluntary or involuntary interruption, in particular for maintenance or force majeure requirements. BOOME is subject to a best-efforts obligation. As such, it shall not be held liable for any damage resulting from unavailability of the Site.
Article 12 – Unsubscribing
The Subscriber may terminate their Subscription at any time in their "My Account" area on the Site.
In the event of cancellation after the automatic direct debit corresponding to the current month, no refund will be possible. The Order is deemed concluded for the month concerned; however, the unsubscription is taken into account for the following month. Unsubscribing may also result from a decision by BOOME and its teams in accordance with the terms of Article 11 "Deactivation of Customer Account" of the GTC/GTU, for example in the event of offensive behaviour on the part of the User. Unsubscribing results in the loss of a lower Subscription price for a future Subscription.
BOOME cannot be held liable in the event of stock shortage. In the event of a subscription to a product that is out of stock, no direct debit will be made for the months during which the product could not have been delivered. BOOME will inform the Customer of the stock shortage by email.
Article 13 – Account closure at your initiative
You may permanently close your Account at any time, as of right and without formality, by sending an email to: hello@boomeparis.com. BOOME reserves the right to recover costs and charges incurred before the closure of your Account, in the event of non-payment or an ongoing Subscription. The closure of your Account will take effect within one week of receipt of your request by BOOME's Customer Service. It will then be your responsibility to save all documents from your Account on your computer before the closure of your Account.
Article 14 – Deactivation of Customer Account and cancellation of a sale
BOOME and its teams reserve the right to terminate a Subscription at any time, block a personal Account or cancel a sale in the event of:
● non-compliance with the obligations of the GTC/GTU
● non-payment of the price of an Order or Subscription
● the communication of incorrect information during Account creation or in cases of identity theft of a third party. Furthermore, in cases of identity theft, BOOME reserves the right to notify the competent authorities
● acts offensive to the Company or likely to harm its interests
● payment incidents
● fraud or attempted fraud relating to the use of the Site or with which there is a dispute relating to the payment of a previous Order.
In the event of closure of your Account for non-compliance with the GTC/GTU, you are strictly prohibited from opening a new Account and taking out a new Subscription, with the same or a different email address or through an intermediary, without prior written authorisation from BOOME.
Article 15 – Retention of exchanges and evidence
All transmitted data is archived by Shopify International Limited, a private limited company incorporated in Ireland under registration number 560279, whose registered office is located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH, and whose privacy policy is accessible at: https://www.shopify.fr/legal/condition. This platform presents numerous security standards and compliance certifications, including the EU data protection directive. Transmitted data is not exported to non-European Union member states. BOOME reserves the right to archive communications, files, contracts, purchase orders and invoices on a reliable and durable medium in order to retain a copy and use it as proof of contract. Unless proven otherwise, the data recorded by BOOME constitutes proof of all transactions made between BOOME and yourself.
Article 16 – Orders
The Customer adds Products to their basket by clicking the "order" button. The Customer can access their basket by clicking "view basket". To confirm their Order, the Customer clicks "validate order". The Order can be placed whilst logged into their personal Account or as a guest.
Placing an Order requires providing a series of mandatory information:
● an address
● a first and last name
● a telephone number
● a delivery method
● a payment method
The Customer can check the details of their Order, its total price and make corrections before confirming their acceptance. The Customer also undertakes to read the GTC/GTU before validation. Validation constitutes proof of this reading. The "double click" constitutes an electronic signature and is equivalent to a handwritten signature. It constitutes your irrevocable and unreserved acceptance of the Order. The sales contract will then be formed. In the event of input errors by the Customer, the company BOOME shall not be held liable for consequences such as delays or errors in delivery. Once the Order has been placed, the Customer receives confirmation by email accompanied by a summary, relevant delivery information, an invoice and these GTC/GTU.
Placing an Order constitutes the conclusion of a distance sales contract between the Seller and the Customer. The sending to the Customer of the confirmation of acceptance of the Order by BOOME by email constitutes the conclusion of the contract, provided that the price has been duly paid. With the exception of any contrary statement in these General Terms and Conditions of Sale and without prejudice to the right of withdrawal provided for by applicable law, the Customer's orders are firm and final.
Article 17 – Products/services and prices
17.1 Products
The Products and Services offered for sale by the Company are those appearing on the Site, on the day of consultation of the Site by the User, within the limits of available stocks. BOOME cannot be held liable for stock shortages of Products. Due to the nature of the Products, variations in colour/texture/taste may exist. Consequently, photographs and graphics on the Site cannot be considered contractual and cannot under any circumstances engage BOOME's liability.
17.2 Prices
The Products and Services are provided at the prices in force appearing on the Site at the time of registration of the Order by BOOME. Prices are indicated in euros inclusive of all taxes. The indicated prices do not include delivery charges. The delivery price is charged in addition depending on various criteria (geographical location, order weight). The delivery price is always indicated before placing the Order. Products are invoiced to the Customer at the price displayed at the time of Order validation, regardless of whether the price may have changed after the Order was placed.
Article 18 – Payment conditions
Credit card
Payment is made by credit card (Carte Bleue, Visa or Mastercard) via the secure Stripe payment server. Payment therefore takes place directly between the Customer and Stripe; the information transmitted by the Customer from their computer does not travel unencrypted on the internet and is not accessible to BOOME.
Apple Pay
The Customer may also make their payment using the secure Apple Pay system, which links our site and our bank, without your banking data passing through our site. We draw your attention to the fact that for Apple Pay payments, use will be subject to this provider's terms and conditions, available at: https://www.apple.com/fr/legal/privacy/data/fr/apple-pay/
PayPal
The Customer may also make their payment using the secure PayPal system, which links our site and our bank, without your banking data passing through our site. We draw your attention to the fact that for PayPal payments, use will be subject to this provider's terms and conditions, available at: https://www.paypal.com/fr/webapps/mpp/ua/legalhub-full
Alma (payment in 2 or 3 interest-free instalments)
Boome offers payment for your purchases via Alma's credit service. This is conditional on the Customer's acceptance of the terms and conditions or credit agreement proposed by Alma. Any refusal of credit by Alma for an order may result in its cancellation. Alma is a remote payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 et seq. of the Civil Code.
Amount and charges : From €50 of purchase, the customer may pay in two or three interest-free instalments, the latter being borne by BOOME.
Customer payments are only considered final after receipt. No additional charge, exceeding the costs borne by the Seller for the use of a payment method, may be invoiced to the Customer. BOOME undertakes to secure payments through data encryption. The Customer undertakes to be fully authorised to use the chosen payment method.
The Company shall not be held liable in the event of fraudulent use of the payment methods used. Within three (3) days following receipt of the Subscription request, a request to debit the bank Account will be sent to the paying organisation. The Subscription contract will be concluded upon receipt of the debit authorisation from the paying organisation. In accordance with applicable regulations, Customers' bank details are not retained by the Company. The Subscription price will be invoiced each month on the anniversary date with the invoice available in your secure "My Account" area.
In the event of total or partial non-payment of the Products, a late payment penalty will be owed to BOOME and requested from the Customer. The rate of this late payment penalty is equal to three times the legal interest rate and is calculated on the VAT-inclusive amount of the sum remaining due. Penalties begin to accrue from the due date of the price. In the event of non-compliance with the payment conditions set out herein, BOOME reserves the right to suspend or cancel any Orders in progress made by the Customer.
Article 19 – Delivery of Products and dispatch of services
Products are delivered exclusively within the geographic area determined in Article 10 "geographic area" herein, namely Europe and the DROM-COM. Products will be delivered to Subscribers each month to the address entered in the "My Account" information form completed by the Subscriber upon registration. In the event of a change of address, it is the Subscriber's responsibility to notify this five (5) days before the renewal of their Subscription by modifying their details in the "My Account" information form. For any Order outside a Subscription, Products will be delivered to the address indicated by the Customer when placing the Order.
The delivery charges applied to the Order depend on the Order and the transport costs specific to each delivery and carrier. They will be specified on the Site, inclusive of all taxes, during the Order process and must be accepted by the Customer at the time of Order validation. They will appear on a specific line, separate from the one specifying the price of the Products.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays. In application of Article L. 216-1 of the Consumer Code, the Parties agree that Products will be delivered within the timeframes specified during the Product Order process and before validation of said Order. Delivery times are also specified in the Order confirmation email sent to the Customer. Delivery times include the preparation and dispatch of the Order, as well as the time for Products to reach the delivery point (Customer's postal address or collection point).
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer as quickly as possible, these times being given for information purposes only. However, if the ordered Products have not been delivered within thirty (30) days of placing the Order, for any reason other than force majeure or the Customer's fault, the sale may be cancelled at the written request of the Customer under the conditions provided for in Articles L. 216-2, L. 216-3 and L. 241-4 of the Consumer Code. The sums paid by the Customer will then be returned no later than fourteen (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.
In the event of non-collection of Products by the Customer within the time allowed by the collection point, the following provisions apply:
- The Customer will be informed of the return of the Order to the Company by the carrier
- The Order will be returned to the Company.
- A refund of the Order amount will be made, after deduction of the return charges applied by the collection point and invoiced to the Company.
In the event that the parcel is returned to the Company, a second delivery may be made at the Customer's expense.
The Company shall not be held liable for delivery delays and the consequences that may result therefrom.
Article 20 – Newsletter subscription
By entering their email address and postcode or by ticking the box provided for this purpose, the Customer accepts that BOOME may send them, at a frequency and in a format it will determine, a newsletter which may contain information relating to its activities. The Customer will become a subscriber to BOOME's email and SMS communications and may unsubscribe by clicking on a link provided for this purpose, present in each newsletter, or by sending an SMS to STOP SMS, present in each SMS.
Article 21 – Claims
The Customer is required to check the condition of the Products delivered upon receipt. They have a period of fourteen (14) days from delivery to make any reservation or claim concerning an apparent defect, non-conformity or damaged Product, accompanied by any useful supporting documentation.
The Customer must contact the Company at hello@boomeparis.com so that the claim processing procedures can be communicated to them.
The provisions of this article do not deprive the Customer of the benefit of the legal guarantees provided for by the Consumer Code and the Civil Code, notably the legal guarantee of conformity and the guarantee against hidden defects.
The Seller will refund or replace, as quickly as possible and at its own expense, Products delivered whose conformity defects or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L. 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions of Sale. In certain cases, the Company may request the return of the Product to the following address:
Boome c/o GREENLOG
32 rue du Champ de l'Aire
ZI Les Brunelleries
49080 Bouchemaine
Return costs will then be borne by the Company.
Article 22 – Transfer of ownership – Transfer of risks
The transfer of ownership of Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the delivery date of said Products. In accordance with Article L. 216-4 of the Consumer Code, regardless of the date of transfer of ownership of the Products, the transfer of risks of loss and deterioration relating thereto will only take place when the Customer physically takes possession of the Products, i.e. upon delivery. Products therefore travel at the Seller's risk.
Article 23 – Use of the Site and rules of conduct
The Site is accessible and functions with the latest versions (1) of the following browsers: Google Chrome, Mozilla Firefox, Safari and Internet Explorer and (2) the following operating systems: Microsoft Windows (Windows Vista, 7, 8), Android, Mac OS and Apple iOS, Linux. Please note: you may encounter certain difficulties when using older versions of these browsers and operating systems. In this case, we invite you to update them in order to fully benefit from our services.
The Content is intended for personal use only and you must not make commercial use of it. You are prohibited from selling, renting or commercialising it. You also undertake not to arrange, modify, decompile, disassemble, reverse engineer, translate, adapt, reproduce, distribute, broadcast or transfer any information, software, Product or in general, any element of the Content. Reposting, automated use or high-volume use of Content or the transfer of any Content to any other computer or mobile device are expressly prohibited. You undertake to comply at all times when using the Site and Content with applicable national and international laws and regulations and these GTC/GTU.
YOU GUARANTEE THAT YOU WILL NOT USE THE SITE, SERVICES, DOCUMENTS AND CONTENTS FOR UNLAWFUL OR IMMORAL PURPOSES OR CONTRARY TO THE INTENDED USE OF THE SITE, SERVICES, DOCUMENTS, CONTENT AND/OR THEIR PURPOSE.
Article 24 – Consumer's right of withdrawal
In accordance with applicable legal provisions, the Customer has a period of fourteen (14) clear days from receipt of the Product (for Orders outside a Subscription) or receipt of the first Product (in the context of a Subscription) to exercise their right of withdrawal with the Seller, without having to justify reasons or pay a penalty, for the purpose of exchange or refund, provided that the Products are returned in their original packaging, with their security seal intact and in perfect condition within the fourteen (14) days following the communication of their decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions...) allowing their remarketing in new condition. Damaged, soiled or incomplete Products will not be accepted back.
The Customer has a right of withdrawal, except for contracts mentioned in Article L. 221-28 of the Consumer Code.
To exercise this right of withdrawal, the Customer has until fourteen (14) days after receipt of their Order to inform the Seller of their decision to withdraw by post or email sent to hello@boomeparis.com. The Customer must then return, at their own expense, the Product(s) in their original packaging, no later than fourteen (14) days following the communication of their decision to withdraw, to the following address:
Boome c/o GREENLOG
32 rue du Champ de l'Aire
ZI Les Brunelleries
49080 Bouchemaine
When the fourteen (14) day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day. In the absence of return of the Products within the fourteen (14) day period, the Order is deemed final and no refund may be made, except in cases provided for in these GTC/GTU.
If the aforementioned conditions are met, the Seller will refund the Customer the total sums paid by the Customer, as quickly as possible and no later than fourteen (14) days following the date on which the Company was informed of the Customer's decision to withdraw. The Company reserves the right to defer the refund until the earlier of these two dates: the date of recovery of the Product(s) or the date on which the Customer provides proof of dispatch of the Products. Initial delivery charges are included, with the exception of return charges which remain the Customer's responsibility. The burden of proof of the effective exercise of the right of withdrawal lies with the Customer.
Article 25 – Seller's liability – Legal guarantees
The Products sold on the Site comply with the regulations in force in France and have performances compatible with non-professional uses. By virtue of Article L. 217-4 of the Consumer Code, the Seller is obliged to deliver goods conforming to the contract and is liable for conformity defects existing at the time of delivery. It is also liable for conformity defects resulting from packaging, assembly instructions or installation when the latter has been placed under its responsibility by the contract or has been carried out under its responsibility. In accordance with Article L. 217-5 of the Consumer Code, to conform to the contract, the Product must (i) be suitable for the use normally expected of a similar product and, where applicable, correspond to the description given by the Seller and possess the qualities that the Seller presented to the buyer in the form of a sample or model and present the qualities that a buyer may legitimately expect given the public statements made by the Seller, notably in advertising or labelling or (ii) present the characteristics jointly agreed upon by the Parties or be suitable for any special use sought by the Customer, brought to the Seller's attention and accepted by the latter.
The Products provided by the Seller benefit by operation of law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions (i) from the legal guarantee of conformity, for apparently defective, damaged or deteriorated Products or Products not corresponding to the Order and (ii) from the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use, under the conditions and according to the terms referred to in the box below and defined in the appendix hereto.
It is recalled that within the framework of the legal guarantee of conformity, the Customer:
● benefits from a period of two (2) years from delivery of the Product to take action against the Seller;
● may choose between repair or replacement of the ordered Product, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
● is exempt from providing proof of the existence of the Product's conformity defect during the six (6) months following delivery of the Product. This period is extended to twenty-four (24) months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that may cover the Product. The Customer may decide to implement the guarantee against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, they may choose between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert their rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of twenty-four (24) months from delivery of the Products or the existence of hidden defects within the above-mentioned timeframes and return the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions...).
The Seller will refund, replace or repair the Products or parts under guarantee deemed non-conforming or defective. Dispatch costs will be refunded on the basis of the invoiced rate and return costs will be refunded upon presentation of supporting documentation. Refunds for Products deemed non-conforming or defective will be made as quickly as possible and no later than fourteen (14) days following the Seller's finding of the conformity defect or hidden defect.
The hidden defect being a defect in the item which, under normal conditions of use, renders it unfit for the purpose for which it is intended, and the conformity obligation being understood as the delivery of the contractually agreed item, the publisher of this Site is notably not responsible, even within the framework of the conventional guarantee, for normal wear of the Products, accidental damage or damage resulting from abnormal use of the Products. The refund will be made by credit to the Customer's bank account. The Seller's liability shall not be engaged in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is the Customer's responsibility to verify, or in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear of the Product, accident or force majeure. The Seller's guarantee is, in any event, limited to the replacement or refund of non-conforming Products or Products affected by a defect. The replacement of Products does not have the effect of extending the duration of the guarantee.
Article 26 – Force majeure
The Seller and the Customer shall not be held liable if the non-performance or delay in performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
Article 27 – Intellectual property
All visual, audio, textual, illustrative, photographic, graphic and computer coding elements of the website www.boomeparis.com are protected by copyright (Articles L.122-4 and L.122-5 of the Intellectual Property Code) and possibly by trademark, design and patent law if registrations have been made. Any total or partial reproduction of these same elements is strictly prohibited. BOOME reserves the right to take civil and criminal action, using either intellectual property law, competition law, or both. All intellectual property rights of the Site belong exclusively to BOOME.
Article 28 – Protection of personal data
The provision of nominative and personal information relating to the Customer is necessary for the proper functioning of the website. The Customer transmits to the Company the following information: first and last name, postal address, email address and telephone number. This information constitutes personal data which is processed by BOOME, which is the data controller. As such, BOOME applies the General Data Protection Regulation of 27 April 2016 No. 2016/679. The data processing carried out by BOOME is mandatory to ensure orders for Products and services on the Site, for example for registration, identification, management of the Customer Account and tracking of their Orders.
The Customer is informed that all or part of the personal data concerning them may be communicated by the Company to the following third party, considered as a subcontractor:
Shopify International Limited, a private limited company incorporated in Ireland under registration number 560279, whose registered office is located at 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland, VAT number IE 3347697KH, and whose privacy policy is accessible at: https://www.shopify.fr/legal/condition.
In accordance with applicable legal and regulatory provisions, the Customer benefits from an individual right of access, rectification, erasure ("right to be forgotten"), limitation, objection to processing and portability relating to personal information concerning them. The Customer may request the rectification of their information if inaccurate or incomplete. With the exception of personal information necessary for the performance of the service and compliance with the obligations to which the Company may be subject, the Customer may request the deletion of personal information concerning them in one of the cases referred to in Article 17 of Regulation (EU) 2016/679 of 27 April 2016 ("General Data Protection Regulation"). The Company may, in the presence of legitimate and compelling reasons, use the data despite the objection, notably for the defence of rights in court.
The Customer may exercise their rights by email or by post to the following addresses, indicating their first name, last name and address:
● hello@boomeparis.com
● BOOME - 60 cours de Vincennes, 75012 Paris
● A copy of the Customer's proof of identity must be attached to the request.
The data retention period is equivalent to the duration of the contractual relationship between the Customer and the Company and a reasonable period after the end of this relationship. The Customer may lodge any complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL).
Article 29 – Cookies
When browsing the Site, information relating to the Customer's navigation on the Site may be recorded in "cookie" files installed on the Customer's computer or mobile device, subject to the choices expressed regarding cookies and modifiable at any time. Cookies are alphanumeric identifiers that are transferred to the Customer's hard drive via the Internet browser, in order to allow the system to recognise the Customer's browser and offer them adapted Services. Cookies are used by the Company to remember the Customer's preferences, to optimise and improve the Customer's use of the website by providing content that is more precisely adapted to their needs. Some cookies are installed until the Customer's browser is closed, others are retained for longer. Cookies are retained for a maximum period of 12 months. The Help section of the toolbar of most browsers indicates how to refuse new "cookies", obtain a message notifying their receipt, or disable all "cookies". The Customer may at any time choose to express and modify their preferences regarding cookies, by the means described below and/or by expressing their refusal directly on the Site's homepage via the pop-up provided for this purpose.
Article 30 – Liability and unforeseen circumstances
Whilst BOOME undertakes to implement the necessary means to ensure the accessibility of the Site, it cannot under any circumstances be held liable for temporary or permanent unavailability of the Site. BOOME remains fully liable to the Customer for the proper performance of the obligations arising from the distance contract concluded, in accordance with the provisions of Article L.221-15 of the Consumer Code. However, BOOME may be exonerated from all or part of its liability by providing proof that the non-performance or improper performance of the contract is attributable to a case of force majeure.
Article 31 – Nullity and independence of clauses
The nullity of one or more clauses of the GTC/GTU does not affect the other clauses, as provided for by the French Civil Code.
Article 32 – Transfer of rights and obligations in the event of Subscription
In the event of total or partial transfer of the Company's business, contracts between the Subscriber and the Company retain their binding force between the Parties without the need to seek the Subscriber's authorisation.
Article 33 – Advertising on the Site
BOOME reserves the right to advertise on its Site but shall not be held liable for the content of said advertisements.
Article 34 – Amendments to the General Terms and Conditions of Sale
The Company reserves the right to modify the Site, the GTC/GTU as well as any delivery procedure or other constituent elements of the services provided by the Company through this Site. The modification of the GTC/GTU will take effect from the date indicated on the Site. Orders placed prior to this change are not affected by the change. The absence of explicit refusal indicates the Customer's acceptance. In the event of refusal of the new GTC/GTU by a Customer, the latter must cancel their Subscription or Account by recorded delivery letter with acknowledgement of receipt before the new provisions come into force if they have been made aware of them within a reasonable period, or within 10 days of their coming into force at the latest.
Article 35 – Applicable law
These General Terms and Conditions of Sale and the transactions arising therefrom are subject to French law. These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 36 – Disputes, Mediation and Competent jurisdiction
In the event of a dispute arising from the purchase of a Product, Subscription or service, the Customer is invited to contact BOOME's customer service in the first instance at hello@boomeparis.com in order to seek an amicable solution.
In the absence of an amicable resolution, the Customer is informed that they may have free recourse to consumer mediation, in accordance with Article L.612-1 of the Consumer Code, notably with the Centre de Médiation et d'Arbitrage de Paris (CMAP):
- By email: consommation@cmap.fr
- By post: CMAP: 39 av. Franklin D. Roosevelt, 75008 PARIS
In the absence of agreement following mediation, and in accordance with the mandatory rules applicable to contracts concluded with consumers, any dispute will be submitted to the competent courts in accordance with the provisions of the Code of Civil Procedure, notably the court of the consumer's place of residence.
Appendix 1 – Withdrawal form
This form must be completed and returned only if the Customer wishes to withdraw from the Order placed on the website, except for exclusions or limitations on the exercise of the right of withdrawal pursuant to the applicable General Terms and Conditions of Sale.
To the attention of:
BOOME
60 cours de Vincennes
75012 PARIS
I hereby notify my withdrawal from the contract relating to the sale of the item below:
● ordered on:
● Order number:
● Customer name:
● Customer address:
● date:
Customer signature (only in the event of notification of this form on paper)
