Terms of sale

Date of last update: 13/02/2025

ARTICLE 1 - GENERAL PROVISIONS

These General Terms and Conditions of Sale (hereinafter referred to as the ‘GTCS’) govern transactions carried out on the Operator's site, also referred to as the ‘Site Operator’. These GCS are permanently available on the site for consultation and can be given to customers by various means on request.

For any order placed, acceptance of the GTCS is obligatory. Customers confirm their acceptance by ticking a specific box or clicking on a dedicated button, thereby confirming that they have read and accepted the GTCS before finalising their purchase.

Confirmation of the order by the purchaser signifies their agreement with the GTC in force on the date of the order. The Operator undertakes to archive and allow the reproduction of these GCS for future reference.

ARTICLE 2 - DESCRIPTION OF PRODUCTS

The site offers online sales of the following products: Bone conduction audio headphones referred to as ‘Product(s)’. These products are available to any user, whether an individual or an entity, hereinafter referred to as the ‘Customer’.

Each Product is presented with a detailed description either supplied directly by the supplier or accessible via an external link to the manufacturer's website. This description highlights the essential characteristics of the product. It is important to note that the images of the products on the site are not contractual. Instructions for use, if required, are available on the site or are supplied at the time of delivery. All Products sold comply with the legal standards in force in France.

The Customer assumes full responsibility for the conditions and consequences of accessing the site, including any costs imposed by third parties such as Internet service providers, which are at the Customer's expense. It is also the Customer's responsibility to ensure that they have the necessary equipment to access the site and that this equipment is secure and suitable for the intended use. The Customer must ensure that their computer configuration does not pose any security risks and is suitable for browsing the site.

ARTICLE 3 - ORDERS PLACED ON THE SITE

The Site Operator undertakes to ensure the availability of its products, but the latter are offered within the limits of existing stocks. If a product ordered by the customer becomes unavailable after the order has been placed, despite the efforts of the Operator, the latter will inform the customer by e-mail as soon as possible.

The customer will then have the choice between two options:

Receive a product of equivalent quality and price to the one initially ordered, or
Obtain a refund of the amount of the product ordered made no later than thirty (30) days after payment.
Apart from the reimbursement of the unavailable product if the customer opts for this solution, the Operator is not obliged to pay any cancellation compensation.

Unless otherwise indicated in these GCS and without affecting the right of withdrawal provided for by the legislation in force, orders placed by the customer are considered firm and definitive.

ARTICLE 4 - PAYMENT TERMS

The Customer acknowledges that any order placed on the Site constitutes a financial commitment and that he/she must make a payment in return for the Product requested.

The Site Operator reserves the right to check the authenticity of the payment before dispatching the order, using all necessary methods.

With regard to transactions, the Site Operator accepts the various payment solutions listed on the site.

ARTICLE 5 - PAYMENT OF THE PRICE

The price of the Products at the time of the order is presented in euros and is inclusive of all taxes (TTC) with the exception of delivery and transport costs (unless otherwise indicated).

In the event of a promotion, the Operator guarantees that the promotional price will apply to all orders placed during the promotional period announced.

Payment must be made in euros (€) only. The total amount becomes payable upon confirmation of the order. The prices displayed take into account any discounts and rebates that the Operator may offer. Any additional delivery or transport costs will be added to the price of the Products and clearly specified before the Customer confirms the order.

The total to be paid by the Customer and the details of this amount will be clearly indicated on the order confirmation page.

ARTICLE 6 - FORMATION OF THE CONTRACT

The contract between the Site Operator and the Customer is established as soon as the Customer sends confirmation of his/her order. This confirmation is carried out by a process known as ‘double-clicking’: the Customer selects his products, checks them in his basket, accepts the General Terms and Conditions of Sale (GTCS) and proceeds to payment by entering his bank details.

This ‘double-click’ process constitutes an electronic signature which has the same legal value as a handwritten signature and definitively seals the Customer's order.

The Site Operator undertakes to keep secure records of orders and invoices as reliable proof of the contract. In the absence of proof to the contrary, these records are recognised as valid proof of the transactions carried out between the Site Operator and its Customers.

The Customer has the right to cancel the order in writing for reasons such as non-conformity of the product, a significant delay in delivery or an unjustified price increase, in which case the Customer may claim reimbursement of the deposit with interest. For its part, the Site Operator may cancel the order if the Customer refuses delivery or does not complete payment at the time of delivery.

ARTICLE 7 - RETENTION OF TITLE

The Site Operator remains the sole owner of the Products ordered on the Site until full payment has been received, including any delivery charges.

ARTICLE 8 - SHIPPING AND DELIVERY

The online sales offers presented on the Site are reserved for consumers residing in France or, where applicable, in a member country of the European Union and for delivery in these same geographical areas.

Delivery means the transfer to the Customer of physical possession or control of the Product.

The delivery costs are those specified when the order is finalised and are accepted when the order is validated.

The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of the order.

Delivery times are announced in working days on the Site when the order is placed. These times include the preparation and dispatch of the order as well as the time allowed by the carrier.

The Operator undertakes to dispatch the Products in accordance with the delivery times announced on each Product sheet and in the shopping basket, provided that payment for the order has not previously been refused.

However, if one or more Products cannot be delivered within the period initially announced, the Operator shall send an e-mail indicating the new delivery date to the Customer.

The Products shall be delivered to the address indicated by the Customer when placing the order. It is therefore the Customer's responsibility to check that this address does not contain any errors. The Operator may not be held liable if the address provided by the Customer is incorrect, thereby preventing or delaying delivery.

On delivery, the Customer may be asked to sign a delivery note.

On delivery, it is the Customer's responsibility to check that the Products delivered comply with the order and that the package is sealed and undamaged. If this is not the case, the Customer must indicate this on the delivery note. No complaint regarding the quantity or condition of the Product will be accepted if the complaint has not been indicated on the delivery slip.

ARTICLE 9 - RIGHT OF WITHDRAWAL

If a Product delivered is not to the Customer's complete satisfaction, the Customer may return it to the Operator. The Customer shall have fourteen (14) days to do so from the date of receipt of the order.

In accordance with article L.221-21 of the Consumer Code and in order to exercise this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code, the Customer is invited to complete the following standard withdrawal form:

Letter to be sent by recorded delivery with acknowledgement of receipt :

First name and surname of the consumer
Address
Postal code - Town
Addressee: First name and surname of the seller
Address of the addressee (seller)
Postal code - Town
At ... on ... (date of letter)
Dear Sir/Madam
On ... (indicate the date on the order form) I ordered ... (description of the item: e.g. DVD collection, armchair, etc.) which you delivered (or which I received) on ... (date).
In accordance with article L. 221-18 of the French Consumer Code, I am exercising my right of withdrawal.
Consequently, I would ask you to return the sum of ... euros that I paid when I placed my order, as soon as possible and within 14 days of receipt of this letter at the latest, in accordance with the provisions of article L. 221-24 of the French Consumer Code.
Please find enclosed (indicate the item returned) which I am returning to you.
Yours faithfully
Signature
The Operator will send an acknowledgement of receipt of the Customer's request for withdrawal by e-mail.

Where applicable, the Customer may exercise his right of withdrawal by notifying the following information to the Operator:

name geographical address telephone number and e-mail address ;
decision to withdraw by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail, provided that these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form, but is not obliged to do so.
The cost of returning the goods is borne by the Consumer.

The exceptions set out in Article L.221-28 of the Consumer Code apply and prevent the right of withdrawal being exercised, particularly if the order consists of a contract:

the supply of services which are fully performed before the end of the withdrawal period and where performance has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal;
the supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and which may occur during the withdrawal period;
the supply of goods made to the consumer's specifications or clearly personalised;
the supply of goods likely to deteriorate or expire rapidly;
the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
the supply of goods which, after delivery and by their nature, are indissociably mixed with other items;
the supply of alcoholic beverages the delivery of which is deferred beyond thirty (30) days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;       the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
the supply of a newspaper, periodical or magazine, except for contracts for subscriptions to these publications;
concluded at a public auction;
the provision of accommodation services other than residential accommodation, transport services, goods, car hire, catering or leisure activities that are to be provided on a specific date or at a specific time;
the supply of digital content not supplied on a tangible medium, where performance has begun after the consumer has given their express prior consent and expressly waived their right of withdrawal.
The Product must be returned in its original packaging in perfect condition for resale unused and with all accessories.

In addition to the Product returned, the return package must also contain a letter specifying the Customer's exact and complete contact details (surname, first name, address), as well as the order number and the original purchase invoice.

The Operator shall reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and of all the information required to implement the reimbursement of the Customer. This refund may be made by the same means of payment as that used for the Customer. In this respect, Customers who have paid for their order in the form of credit notes/gift vouchers may be reimbursed by credit notes/gift vouchers at the Operator's discretion.

By accepting these General Terms and Conditions of Sale, the Customer expressly acknowledges that he/she has been informed of the cancellation procedure.

ARTICLE 10 - CUSTOMER SERVICE

The Customer may contact the Operator's customer service department:

at the following number +33972159094 on the following days and during the following opening hours Monday to Saturday from 09:00 to 19:00.
by email to support@bonexwave.com indicating your name, telephone number, the subject of your request and the number of the order concerned.

ARTICLE 11 - INTELLECTUAL PROPERTY AND LICENCE TO USE THE SITE

The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, images, whether animated or not, photographs, videos, logos, designs, models, software, brands, visual identity, databases, the structure of the Site and all other elements of intellectual property and other data or information (hereinafter referred to as the ‘Elements’) which are protected by French and international laws and regulations relating in particular to intellectual property.

Consequently, none of the Elements of the Site may, in whole or in part, be modified, reproduced, copied, duplicated, sold, transmitted, published, communicated, distributed, broadcast, represented, stored, used, rented or exploited in any other way, whether free of charge or in return for payment, by a Customer or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the express prior written authorisation of the Operator on a case-by-case basis, and the Customer shall be solely liable for any unauthorised use and/or exploitation.

Furthermore, it is specified that the Operator is not the owner of the content put online by the Customers, for which the latter remain fully responsible and guarantee the Company against any recourse in this respect. Customers grant the Operator a non-exclusive, free, worldwide, transferable, sub-licensable licence to use the intellectual property content that they publish on the Site for as long as such content remains protected.

The Operator reserves the right to take legal action against any persons who fail to comply with the prohibitions contained in this article.

ARTICLE 12 - LIABILITY AND LEGAL GUARANTEE OF CONFORMITY

12.1 Liability

The Operator may not be held liable for non-performance of the contract due to the Customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party to the present contract.

The Operator may not be held responsible for imported information stored and/or published on the Site by Customers. The Operator may not be held liable for any information published by a Customer on the Site and for any direct or indirect damage that such use may cause to a third party, with the Customer at the origin of the publication remaining solely liable in this respect.

The Customer acknowledges that the characteristics and constraints of the Internet make it impossible to guarantee the security, availability and integrity of data transmissions over the Internet. The Operator therefore does not guarantee that the Site and its services will function without interruption or operating error. In particular, their operation may be temporarily interrupted due to maintenance, updates or technical improvements or in order to change their content and/or presentation.

The Operator may not be held liable for any use made of the Site and its services by Customers in breach of these General Terms and Conditions or for any direct or indirect damage that such use may cause to a Customer or a third party. In particular, the Operator may not be held liable for any false declarations made by a Customer or for the Customer's behaviour towards third parties. In the event that the Operator's liability is sought as a result of such behaviour on the part of one of its Customers, the latter undertakes to indemnify the Operator against any judgement handed down against it and to reimburse the Operator for all costs, in particular lawyers' fees, incurred in its defence.

The Customer shall be solely responsible for all of the content that he/she places online on the Site, for which he/she expressly declares that he/she holds all rights, and in this respect guarantees the Operator that he/she shall not place online any content that violates third-party rights, in particular intellectual property rights, or that constitutes an attack on persons (in particular defamation, insults, etc.), respect for privacy, an attack on public order or public decency (in particular, condoning crimes against humanity, incitement to racial hatred, child pornography, etc.). In the event of an infringement of the laws in force, public decency or these General Terms and Conditions, the Operator may automatically exclude Customers who are guilty of such infringements and remove information and links to such contentious content. The Operator qualifies as a host with regard to content placed online by third parties. In this respect, it should be noted that the Operator has no general obligation to monitor the content transmitted or stored via the Site. In the event that the Operator's liability is sought as a result of content placed online by the Customer, the Customer undertakes to hold the Operator harmless against any judgment against it and to reimburse the Operator for all costs, in particular legal fees, incurred in its defence.

Independently of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code) and the guarantee against hidden defects provided for in articles 1641 to 1649 of the French Civil Code.

12.2 Legal guarantee of conformity

When you are acting under the legal guarantee of conformity (if the product(s) are subject to it) :

• you have a period of two (2) years from the date of delivery of the goods in which to take action;
• you may choose between repairing or replacing the product, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
• you are exempt from having to prove the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods (except for second-hand goods).

12.3 Returns procedure

Returns procedure : After notification the Customer will receive return instructions including the address to which the product should be returned. Products must be returned in their original packaging, complete (accessories, instructions, etc.) and accompanied, if possible, by a copy of the purchase invoice (which can be sent by e-mail).

Return costs : Except in the case of a defective product or proven non-conformity, the cost of returning the product shall be borne by the Customer. If the product is recognised as defective or non-conforming by the Operator, all return costs shall be reimbursed to the Customer.

Processing of returns: On receipt of the returned products, the Operator undertakes to examine the products promptly and to inform the Customer that the return has been processed. If the return is validated, the Operator will exchange the product or refund the sums paid, according to the Customer's wishes, within 30 days. This period may be extended if additional investigations are required.

Exceptions: Except in the case of a defective product or proven non-conformity, products returned incomplete or damaged by the Customer will not be accepted. The Operator reserves the right to refuse the return if the aforementioned conditions are not met.

12.4 Guarantee against hidden defects

You may decide to implement the guarantee against hidden defects in the item sold within the meaning of Article 1641 of the Civil Code. In this case, you may choose between rescinding the sale or reducing the sale price in accordance with article 1644 of the French Civil Code.

Reproduction of articles L. 217-4 L. 217-5 L. 217-7 L. 217-9 and L. 217-12 of the French Consumer Code, article 1641 1644 and the first paragraph of article 1648 of the French Civil Code as in force on the date of these General Terms and Conditions:

Art. L.217-4 of the French Consumer Code: ‘The seller shall deliver goods in conformity with the contract and shall be liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility’.

Art. L.217-5 of the French Consumer Code: ‘The goods conform to the contract:

Whether it is fit for the purpose ordinarily expected of similar goods and, where applicable :
if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the purchaser of which the seller has been informed and which the latter has accepted’.

Article L.217-7 of the French Consumer Code: ‘Defects in conformity that appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery unless proven otherwise.

For goods sold second-hand, this period is set at six months.
The seller may rebut this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity’.

Article L.217-9 of the French Consumer Code: ‘In the event of a lack of conformity, the buyer may choose between repairing or replacing the goods. However, the seller may not proceed according to the buyer's choice if this choice would result in a cost that is clearly disproportionate to the other option, given the value of the goods or the significance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer’.

Art. L.217-12 of the French Consumer Code: ‘Action resulting from a lack of conformity shall be barred after two years from delivery of the goods’.

Art. 1641 of the French Civil Code: ‘The seller is liable for any hidden defects in the item sold that render it unfit for its intended use or that impair that use to such an extent that the buyer would not have purchased it or would only have paid a lower price for it if he had been aware of them’.

Art. 1644 of the Civil Code: ‘In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price returned to him or keeping the thing and having part of the price returned to him’.

Art. 1648 paragraph 1 of the French Civil Code: ‘Any action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect’.

It should be noted that the search for amicable solutions prior to any legal action does not interrupt the legal warranty periods or the duration of any contractual warranty.

ARTICLE 13 - PERSONAL DATA

For more information about the use of personal data by the Operator, please read the Privacy Policy (the ‘Privacy Policy’) carefully. You may consult this Privacy Policy on the Site at any time.

ARTICLE 14 - HYPERTEXT LINKS

The hypertext links available on the Site may lead to third-party sites not published by the Operator. They are provided solely for the Customer's convenience in order to facilitate use of the resources available on the Internet. If the Customer uses these links, he will be leaving the Site and agreeing to use the third-party sites at his own risk or, where applicable, in accordance with the conditions governing them.

The Customer acknowledges that the Operator neither controls nor contributes in any way to the drafting of the conditions of use and/or the content applying to or appearing on these third-party sites.

Consequently, the Operator may not be held responsible in any way whatsoever for these hypertext links.

Furthermore, the Customer acknowledges that the Operator cannot guarantee or take over all or part of the conditions of use and/or content of these third-party sites.

The Site may also contain promotional hypertext links and/or advertising banners referring to third-party sites not published by the Operator.

The Operator invites the Customer to inform it of any hypertext link present on the Site that would allow access to a third-party site offering content that is contrary to the law and/or morality.

The Customer may not use and/or insert a hypertext link to the Site without the prior written consent of the Operator on a case-by-case basis.

ARTICLE 15 - REFERENCES

Unless expressly refused, the Customer authorises the Operator to mention the Customer's first name and surname in its communication media (display of notices on the website, etc.).

ARTICLE 16 - GENERAL PROVISION

ENTIRE AGREEMENT OF THE PARTIES

These General Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their subject matter. If one or more stipulations of these General Terms and Conditions are declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain all their force and scope. Furthermore, the fact that one of the parties to these General Terms and Conditions does not take advantage of a breach by the other party of any of the provisions of these General Terms and Conditions shall not be interpreted as a waiver on its part to take advantage of such a breach in the future.

NOTICE VERIFICATION PROCEDURE

Purpose of verification: The Operator undertakes to maintain the integrity and authenticity of the reviews published on its site. This procedure aims to verify the veracity and relevance of the reviews submitted by Customers in order to provide reliable and transparent information to future buyers.

Publication criteria: All reviews submitted by Customers will be assessed before publication. Criteria include the relevance of the review to the product, the absence of inappropriate, discriminatory or offensive language and compliance with applicable legal and ethical guidelines.

Verification method :

• Verification of purchase: Only Customers who have made a verified purchase may submit a review. The Operator verifies that each review is associated with an actual purchase on the site.
• Moderation by the team: Reviews are moderated by the Operator to ensure that contributions comply with the established criteria. The Operator may contact the author of the review to request clarification or additional evidence if necessary.

Right of reply: The Operator reserves the right to reply to any notice published in order to clarify a situation or rectify inaccurate information. The right to reply is exercised in a respectful and constructive manner.

Refusal and deletion of notices: Notices that do not comply with the publication criteria may be refused or deleted after publication if new information indicates that a notice no longer complies with the verification standards.

Transparency: The Operator undertakes to maintain transparency by displaying all reviews, whether positive or negative, provided that they comply with the publication criteria.

This procedure makes it possible to protect both the interests of Customers and the integrity of the Operator by ensuring that only reliable and authentic opinions influence the reputation of the products offered.

BLOCTEL

The Customer has the option of subscribing to the Bloctel services in order to avoid being canvassed by the Operator once the sales contract has been completed (order received). To do so, they must visit the following site: https://www.bloctel.gouv.fr/

MODIFICATIONS TO THE CONDITIONS

The Operator reserves the right to modify at any time and without notice the content of the Site or the services available therein and/or to cease temporarily or permanently to operate all or part of the Site.

In addition, the Operator reserves the right to modify the location of the Site on the Internet and these General Terms and Conditions at any time and without prior notice. The Customer must therefore refer to these General Terms and Conditions before using the Site.

The Customer acknowledges that the Operator may not be held liable in any way whatsoever to it or to any third party as a result of such modifications, suspensions or cessations.

The Operator advises the Customer to save and/or print out these General Terms and Conditions so that they can be kept securely and durably and so that they can be invoked at any time during the performance of the contract if necessary.

COMPLAINTS - MEDIATION

In the event of a dispute, you must first contact the company's customer service department at the following address: support@bonexwave.com +33972159094.

In the event that a complaint to the customer service department is unsuccessful, or in the absence of a response from this department within ten (10) days, the Customer may submit the dispute relating to the order form or these GTS between the Customer and the Operator to the following mediator:

CM2C.

The mediator will attempt, independently and impartially, to bring the parties together with a view to finding an amicable solution. The parties remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.

Customers are also informed that they may have recourse to the Online Dispute Resolution (ODR) platform. https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

APPLICABLE LAW

These General Terms and Conditions are governed, interpreted and applied in accordance with French law.

ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS BY THE CUSTOMER

The Customer acknowledges having carefully read these General Terms and Conditions.

By registering on the Site, the Customer confirms that he/she has read the General Terms and Conditions and accepts them, thereby becoming contractually bound by the terms of these General Terms and Conditions.

The General Terms and Conditions applicable to the Customer are those available on the date of the order, a copy of which dated to that date may be given to the Customer on request. It is therefore specified that any modification of the General Terms and Conditions made by the Operator will not apply to any order made previously, except with the express agreement of the Customer at the origin of a given order.