Terms of service
OVERVIEW
This website is operated by BORNEO PARIS SAS. Throughout the site, the terms “we”, “us” and “our” refer to Borneo Paris. Borneo Paris offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of sale", Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 -
SCOPE OF TERMS AND CONDITIONS
The Websites are reserved for retail sales to private individuals acting for personal purposes (the "Customer”). The Customer represents and guarantees that he/she is acting as the final consumer of the products ordered.
The terms and conditions of sale (the “Terms") set forth below apply to and are fully part of all orders and sales of products and services placed via the Websites (the "Products”) with Borneo Paris by the Customer.
The Customer must read the Terms and Conditions of Sale prior to placing any order (the “Order”), the Terms and Conditions of Sale being available on the Websites. Consequently, placing an Order shall entail the Customer’s full prior and unreserved acceptance of the Terms.
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
SECTION 2 - WEBSITE INFORMATION AND AVAILABILTY
The Websites are accessible to all users of the Internet network as a principle 24 hours a day, 7 days a week, except in the event of interruption, whether scheduled or not, by Borneo Paris or its service providers, for the purposes of its maintenance and/or security or in an event of force majeure (as defined below). Borneo Paris shall not be held liable for any loss whatsoever resulting from the unavailability of the Websites.
Borneo Paris does not guarantee that the Websites will be free of anomalies, errors or bugs, nor that the Websites will function without breakdown or interruption. In this respect, Borneo Paris may freely determine, at its sole discretion, any period of unavailability of the Websites or their content. Furthermore,
Borneo Paris shall not be held responsible for any data transmission, connection or network unavailability issues.
Borneo Paris
reserves the right to modify the Websites for technical or commercial reasons. Where these modifications do not alter the terms of the provision of services in a material and unfavourable manner, the Customer may be informed of the modifications made, but his/her acceptance shall not be required.
SECTION 3 - REFUSAL TO PROCESS AN ORDER
Borneo Paris reserves the right to withdraw at any time any Product displayed on the Websites and to replace or modify any content or information appearing thereon. Despite
Borneo Paris’ best efforts to satisfy its customers’ expectations,
Borneo Paris may refuse to process an Order after having sent the Customer the confirmation e-mail summarising such Order.
Borneo Paris shall not be liable to the Customer or any third party for the consequences of the removal of a Product from the Websites, or the replacement or modification of any content or information appearing on these Websites, or the refusal to process an Order after the confirmation email summarising the Order has been sent.
Borneo Paris 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 who has acted in breach of these Terms, or in the event of objective suspicion of fraud.
Borneo Paris formally prohibits the use of its Websites for professional purposes, in particular with a view to purchase for resale on a professional basis. Consequently,
Borneo Paris reserves the right to refuse an order placed by a professional or by a person clearly acting for professional purposes, in particular if the quantity of items ordered unusually exceeds the needs of a consumer.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy:
www.borneo-paris.com/policies/refund-policy
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - PRICES AND PAYMENT
The prices of the Products are indicated on the Websites in euros for Europe including VAT, but excluding customs duties and other taxes. Customs duties and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include value added tax (VAT) applicable in France or in the country of delivery located in the European Union.
Borneo Paris 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.
Payment for purchases shall be made either via Paypal, or via the secure platform of our payment service provider, or by gift card.
Paypal (Europe) S.à.r.l. et Cie is a Luxembourg partnership limited by shares (société en commandite par actions), registered with the Trade and Commercial Register of Luxembourg under number B118349, having its registered office at 22-24, Boulevard Royal - L-2449 Luxembourg. For further information, the Customer may refer to the following website: https://www.paypal.com.
Borneo Paris does not have access to its Customers’ payment data, which is transmitted directly to the relevant provider.
Customers may pay for their Orders using physical gift cards or e-cards issued in advance by Borneo Paris. These gift cards are valid for one (1) year from the date of purchase and can be used for one (1) or more purchases. If the balance on the gift card is not sufficient to pay for the Order, the Customer may complete the Order by making an additional payment via Paypal or via the secure platform of our payment service provider. If the balance on the gift card is greater than the amount of the Order, the outstanding amount shall be retained on the gift card for the duration of its validity.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: www.borneo-paris.com/policies/refund-policy
The Products offered for sale shall be those described on the Websites on the day the Customer consults the Websites, subject to availability. This information is updated automatically in real time. However, Borneo Paris shall not be held liable for any update error, regardless of its cause. In this respect,
Borneo Paris shall not be held liable for the cancellation of an Order for a Product due to it being out of stock.
Borneo Parisi takes the utmost care in the presentation and description of its Products in order to provide Customers with the best possible information. However, it is possible that errors may appear on the Websites, which the Customer acknowledges and accepts.
Borneo Paris does not guarantee the accuracy or security of information transmitted or obtained via the Websites. Thus, the photographs, graphics and descriptions of the products offered for sale are only indicative and in shall in no way be binding for
Borneo Paris. In particular, the photographs illustrating the Products may differ slightly from reality due to the settings on the Customer’s screen or the lighting when the photographs were made.
It is possible that the Customer may receive, following an Order, an item previously returned by another person. It is specified that
Borneo Paris only accepts the return of Products that are intact and unworn, these two conditions being verified before the returned Products are put back into stock.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - DELIVERY
Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery”).
Delivery takes place
by receiving the Products at the specified postal address, it being specified that this must be the Customer’s home address, that of a natural person of his choice or that of a legal entity (delivery to his company).
Delivery cannot be made to hotels or post office boxes.
The countries in which the Customer may place an order and have it delivered are those listed on the Websites.
Delivery charges applicable to the Order shall be as indicated on the Websites at the time of the Order in the “Shipping and returns” section.
Transport is provided by Colissimo, Chronopost, DPD, Fedex, UPS or DHL, Monday to Saturday, depending on the option chosen by the Customer when validating their Order.
Abandoned Packages: Please note that if a package is abandoned by the recipient, meaning it is not claimed or picked up within the designated timeframe. Abandoned packages are not eligible for a refund or reimbursement, regardless of the reason for abandonment.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://www.borneo-paris.com/policies/privacy-policy
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Borneo Paris, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Borneo Paris and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - RETENTION OF TITLE
Borneo Paris retains full ownership of the Products sold until full payment has been received, in principal, charges, taxes and compulsory contributions included.
SECTION 21 - MEMBERSHIP OF ECO-ORGANISATIONS
In accordance with the provisions of Articles L. 541-10 to L. 541-10-17 of the French Environmental Code, Borneo Paris hereby informs the Customer that it has joined several eco-organisations in order to fulfil its obligations. To this end,
Borneo Paris has unique identification numbers (UIN) which certify that it is registered with the following eco-organisations and that it is up-to-date with its eco-contributions:
-
UIN for the “household packaging” industry:
FR369621_01HPSI. This
UIN is valid for one (1) year and is renewed each year.
-
UIN for the “
textile products clothing, footwear, household linen and new textile products for the home” industry: FR369621_11VAYD. This
UIN is valid for one (1) year and is renewed each year.
SECTION 22 - PARTIAL INVALIDITY
Should one or more of the provisions of these Terms be held invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the remaining provisions shall retain their full force and scope.
SECTION 23 - NO WAIVER
No tolerance, lack of action or reaction on the part of Borneo Paris shall be construed as a waiver of its rights under these
Terms.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms should be sent to us at contact@borneo-paris.com.
Our contact information is posted below:
BORNEO PARIS SAS
contact@borneo-paris.com