Terms and Conditions of Sale

Version of 9 October 2026

This English version is provided for the convenience of international customers. In the event of any discrepancy, the French version prevails (Article 25).

These Terms and Conditions of Sale govern the sales made on the website koinoborihouse.com.

Article 1 – Seller identity

The website koinoborihouse.com, hereinafter referred to as “the Site”, is operated by:

Alain HERBINIÈRE, sole trader (entrepreneur individuel)
BCDG shop
34 quater rue de la Marine
29730 Le Guilvinec
France

SIREN: 945 241 545 (RCS Quimper)
SIRET: 945 241 545 00017

Email: contact@koinoborihouse.com

VAT not applicable, Article 293 B of the French General Tax Code.

BCDG is the seller’s brand and the name of the seller’s shop in Le Guilvinec. In these Terms, “BCDG” or “the Seller” means Alain HERBINIÈRE, sole trader (entrepreneur individuel).

Koinobori House is the name of the Site, available at koinoborihouse.com: it is neither a company nor a shop name.

Article 2 – Purpose and scope

These Terms and Conditions of Sale, hereinafter “the Terms”, define the rights and obligations of BCDG and its consumer customers in the context of the distance selling of products offered on the Site.

They mainly concern the sale of koinobori, decorative objects, textile creations and accessories offered by BCDG.

A consumer is any natural person acting for purposes that are outside their trade, business, craft, liberal profession or agricultural activity.

These Terms are accessible at any time on the Site.

The Customer acknowledges having read them before confirming their order and accepts them without reservation.

The applicable version is the one in force at the time of the order.

Professional customers

Requests made by companies, local authorities, institutions or other professionals through the Business or Institutions pages do not automatically constitute orders subject to these B2C Terms.

Specific creations, customised orders and professional projects that are the subject of a quotation or a specific contract are governed by the conditions set out in the quotation, purchase order or contract accepted by the parties.

Article 3 – Products

The essential characteristics of the products are presented on their respective product pages.

Depending on the product, the following may in particular be indicated:

  • the design;
  • the dimensions;
  • the materials;
  • the colours;
  • the available variants;
  • the usage characteristics;
  • the accessories included;
  • installation or care advice.

The Customer must read this information before ordering.

Photographs and staged settings are intended to represent the products as faithfully as possible.

Minor differences in colour rendering may result in particular from screen settings, lighting conditions or photography.

However, such differences cannot have the effect of depriving the consumer of their rights where the product delivered does not correspond to the essential characteristics announced.

Products identified by the mention “by BCDG” are creations or designs signed BCDG.

Article 4 – Availability

Products are offered subject to available stock.

The availability displayed on the Site is updated as regularly as possible.

If a product were to become exceptionally unavailable after an order has been confirmed, BCDG would inform the Customer as soon as possible.

Depending on the situation and with the Customer’s agreement, the following could then be offered:

  • waiting for the product to be restocked;
  • choosing another product;
  • cancelling all or part of the order concerned.

In the event of cancellation due to unavailability, the sums paid for the cancelled items are refunded.

No replacement product will be imposed on the Customer.

Article 5 – Prices

Prices are indicated in euros.

BCDG currently benefits from the French VAT exemption scheme (franchise en base de TVA).

VAT not applicable, Article 293 B of the French General Tax Code.

Product prices do not include shipping costs, unless otherwise indicated.

The applicable shipping costs are indicated to the Customer before the final confirmation of their order.

For mainland France, delivery is currently free, whatever the method chosen, for purchases of 55 € or more, under the conditions indicated on the Site.

BCDG may change its prices at any time.

However, a product is invoiced at the price displayed and accepted by the Customer at the time the order is confirmed.

For certain deliveries outside the European Union, customs duties, import taxes or other charges may be levied by the authorities of the destination country. Unless expressly indicated otherwise before the order, these sums are not collected by BCDG and may remain payable by the recipient.

Article 6 – Ordering process

The Customer selects the products they wish to purchase and adds them to their cart.

Before the final confirmation of the order, the Customer may in particular:

  • review the selected products;
  • change the quantities;
  • remove a product;
  • check the chosen variants;
  • check the total price;
  • see the shipping costs;
  • correct their contact details;
  • choose their delivery method where a choice is offered;
  • choose their payment method;
  • read and accept these Terms.

The Customer is responsible for the accuracy of the information provided, in particular their name, email address, telephone number and delivery address.

Before placing the order, the Customer is clearly informed that it entails an obligation to pay.

The final confirmation of the order and of the payment formalises the Customer’s commitment.

An order confirmation is sent by email and sets out the essential information of the transaction.

The Customer is invited to keep this confirmation.

Article 7 – Payment

Payment is due at the time of the order, unless a specific condition is expressly offered on the Site.

The available payment methods are indicated at checkout.

They may in particular include:

  • major payment cards via Stripe;
  • PayPal.

The availability of a payment method may change.

Payment is processed by specialised providers using their own security systems.

BCDG does not store the Customer’s full payment card details.

The order can only be considered definitively paid once the payment has been confirmed by the provider concerned.

If the payment is refused or fails, the order cannot be completed.

Article 8 – Delivery

8.1 Destinations

The destinations to which an order can be placed directly are those offered to the Customer at checkout.

Some destinations may require a prior request to BCDG.

Up-to-date information on the areas served and the shipping methods can be found on the Shipping page of the Site.

8.2 Delivery methods

Depending on the destination, the format of the product and the available options, different carrier services may be offered.

The delivery method actually chosen and its cost are indicated before the final confirmation of the order.

8.3 Delivery address

The Customer must provide a complete and accurate address.

In the event of an address error attributable to the Customer resulting in the return or reshipment of a parcel, the additional costs actually incurred may be charged to the Customer before a new shipment.

8.4 Delivery times

The applicable delivery time or date is indicated to the Customer before the order is concluded.

Orders are prepared and shipped within 2 to 3 working days. Indicative transit times, from dispatch, are as follows:

  • Metropolitan France and Monaco: 2 to 3 working days;
  • French overseas territories: 4 to 10 working days;
  • European Union, Switzerland, Andorra, Liechtenstein, San Marino and Vatican City: 3 to 8 working days depending on the country;
  • other countries: 5 to 15 working days, excluding customs processing time;
  • United States and United Kingdom: on prior request.

Delivery times announced by carriers after shipment are estimates where they do not depend directly on BCDG.

In the absence of an agreed date or time, BCDG delivers the order without undue delay and no later than thirty days after the conclusion of the contract, in accordance with Article L. 216-1 of the French Consumer Code.

8.5 Late delivery

In the event of a significant delay, the Customer is invited to contact BCDG.

The consumer’s rights in the event of late delivery or non-delivery remain those provided for by the French Consumer Code.

8.6 Transfer of risk

The risk of loss of or damage to the product passes to the consumer when they take physical possession of the goods, or when a third party designated by them, other than the carrier, takes possession of them.

Article 9 – Receipt of the order

The Customer is invited to check the condition of their parcel and of the products upon receipt.

If a product is:

  • damaged;
  • incomplete;
  • incorrect;
  • or manifestly non-conforming,

the Customer is invited to contact BCDG promptly at:

contact@koinoborihouse.com

It is advisable to include:

  • the order number;
  • a description of the problem;
  • and, where useful, photographs to facilitate its handling.

The absence of reservations made to the carrier upon receipt does not deprive the consumer of their legal rights and guarantees.

Article 10 – Right of withdrawal

10.1 Principle

Subject to the exceptions provided for by law, the consumer has a period of 14 days to exercise their right of withdrawal without having to give reasons for their decision.

For a contract for the sale of goods, this period runs from the day on which the Customer, or a third party designated by them other than the carrier, takes physical possession of the goods.

Where several goods from the same order are delivered separately, the applicable period is determined in accordance with the rules set out in the French Consumer Code.

10.2 How to exercise the right of withdrawal

The Customer may notify their decision to withdraw:

The request may in particular be sent to:

BCDG
Alain Herbinière EI
34 quater rue de la Marine
29730 Le Guilvinec
France

Email: contact@koinoborihouse.com

Simply returning the product, without a prior statement clearly expressing the wish to withdraw, is not sufficient to exercise the right of withdrawal.

10.3 Online withdrawal feature

For orders concluded online and benefiting from the right of withdrawal, the Site provides a free, visible and easily accessible feature allowing this right to be exercised directly online.

This feature makes it possible in particular to identify:

  • the Customer;
  • the order concerned;
  • the product(s) concerned;
  • the decision to withdraw.

A step allows the Customer to explicitly confirm their request.

Once it has been sent, BCDG promptly sends the Customer an acknowledgement of receipt on a durable medium.

Article 11 – Return after withdrawal

After notifying their decision to withdraw, the Customer has 14 days to return the product.

To ensure that the return is handled properly, BCDG informs the Customer, when acknowledging receipt of their request or immediately afterwards, of the return address applicable to their order.

Depending on the circumstances, returns are handled at one of the following two addresses:

Possible return address 1

BCDG
34 quater rue de la Marine
29730 Le Guilvinec
France

Possible return address 2

BCDG
46 ruelle de l’Église
69620 Ternand
France

The Customer is invited to wait until the applicable address has been communicated before shipping their parcel, in order to avoid misrouting or a processing delay.

The communication of this address does not in any way constitute a prior authorisation for the exercise of the right of withdrawal.

The decision to withdraw is validly exercised as soon as it has been communicated within the period and in accordance with the legal procedures.

The direct costs of returning the product are borne by the Customer, except in particular where:

  • BCDG agrees to bear them;
  • BCDG made an error in preparing the order;
  • the product is defective;
  • the product does not conform to the order;
  • or the regulations require the seller to bear them.

The Customer must package the product appropriately so that it can be transported in good conditions.

Article 12 – Condition of returned products

The right of withdrawal allows the consumer to examine the product to an extent comparable to what would reasonably be necessary to establish its nature, characteristics and proper functioning.

The Customer may therefore open the packaging and reasonably examine the product.

However, the Customer may be held liable for any diminished value resulting from handling beyond what is necessary for this verification.

It is recommended to return the product:

  • complete;
  • with any accessories;
  • properly protected;
  • and, where reasonably possible, in its original packaging.

The absence of the original packaging cannot, on its own, remove a right of withdrawal that has been legally exercised.

Article 13 – Refund after withdrawal

Where the right of withdrawal is validly exercised, BCDG refunds the sums due to the Customer under the conditions provided for by law.

The refund includes in particular the sums paid for the products concerned and, under the legal conditions, the initial shipping costs corresponding to the least expensive delivery method offered.

If the Customer expressly chose a delivery method more expensive than the least expensive delivery method offered, the corresponding additional cost is not refunded.

The refund is made no later than within the legal period of 14 days from the date on which BCDG is informed of the decision to withdraw.

In the context of a sale of goods, BCDG may defer the refund until:

  • the product has been recovered;
  • or BCDG has received proof that it has been shipped,

whichever is the earlier.

The refund is made using the same payment method as the one used for the order, unless the Customer expressly agrees to another method that does not incur any additional cost for them.

Customs duties, import taxes or administrative charges levied by local authorities or carriers on deliveries outside the European Union are not refunded by BCDG, except where those charges result from an error attributable to it. Where such duties and taxes have been prepaid by BCDG and passed on to the Customer within the shipping costs, they do not constitute refundable delivery costs within the meaning of this article, since they cannot be recovered from the authorities concerned.

Article 14 – Exceptions to the right of withdrawal

The right of withdrawal does not apply in the cases provided for by the French Consumer Code.

For the activity of BCDG, this exception may in particular concern products:

  • made to the Customer’s specifications;
  • or clearly personalised.

This may be, for example, a koinobori designed specially for the Customer based on:

  • a specific drawing;
  • a text;
  • a logo;
  • particular dimensions;
  • specially chosen colours;
  • or any combination of characteristics making the product clearly personalised and difficult to resell to another customer.

On the other hand, the fact that a standard product is prepared or made after receipt of an order is not sufficient, on its own, to remove the right of withdrawal.

Where a product is actually excluded from the right of withdrawal because of its personalisation, this information is clearly indicated to the Customer before they confirm their order.

14.1 Visual approval of personalised products

A personalised order is preceded by an exchange. BCDG sends the Customer a quotation and, where the project warrants it, one or more visual proposals.

The scope of the order is defined by the accepted quotation and by the last visual proposal approved in writing by the Customer, hereinafter the proof.

Production of the product begins only after the Customer has confirmed the proof in writing. That confirmation constitutes acceptance of the visual, the dimensions, the colours and the wording it contains.

Any change requested after confirmation of the proof may give rise to a new quotation and a new lead time.

It is from the confirmation of the proof that the product is deemed clearly personalised within the meaning of Article 14, and therefore excluded from the right of withdrawal. This consequence is restated to the Customer at the moment of confirmation.

Article 15 – Legal guarantee of conformity

BCDG is liable for any lack of conformity of the products under the conditions provided for by Articles L.217-3 and following of the French Consumer Code.

For new goods sold on the Site, the consumer has in particular a period of two years from the delivery of the goods to invoke the legal guarantee of conformity.

Where the legal conditions are met, the consumer may request that the product be brought into conformity, in particular by repair or replacement.

Where repair or replacement is impossible or cannot be carried out under the conditions provided for by law, the consumer may benefit from the other remedies provided for by the French Consumer Code, in particular a price reduction or, in the situations provided for by law, the termination of the contract.

The implementation of the legal guarantee of conformity is free of charge for the consumer.

The trader liable under this guarantee is:

Alain Herbinière EI – BCDG
34 quater rue de la Marine
29730 Le Guilvinec
France

Email: contact@koinoborihouse.com

Mandatory legal notice box

Box required by Article D. 211-2 of the French Consumer Code. The text below is an informative English translation of the statutory model annexed to that article (version in force since 1 October 2022); the official French wording applies.

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee applies to that digital content or digital service throughout the intended supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.

The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to the repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.

If the consumer requests the repair of the goods but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.

The consumer may obtain a reduction of the purchase price while keeping the goods, or terminate the contract and obtain a full refund in exchange for returning the goods, if:

1° The trader refuses to repair or replace the goods;

2° The repair or replacement of the goods takes place after a period of thirty days;

3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-conforming goods, or bears the costs of installing the repaired or replacement goods;

4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction of the price of the goods or to the termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In that case, the consumer is not required to request the repair or replacement of the goods beforehand.

The consumer is not entitled to the termination of the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for the purpose of repair or replacement suspends the remaining guarantee period until the delivery of the repaired goods.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund in exchange for returning the goods.

This statutory box forms an integral part of these Terms.

Article 16 – Guarantee against hidden defects

Independently of the legal guarantee of conformity, the Customer benefits from the legal guarantee against hidden defects provided for by Articles 1641 and following of the French Civil Code.

This guarantee concerns a hidden defect existing at the time of sale and serious enough to make the product unfit for its intended use or to greatly reduce that use.

Where the legal conditions are met, the Customer benefits from the remedies provided for by the French Civil Code.

The legal guarantee against hidden defects applies independently of any commercial guarantee.

For any request:

contact@koinoborihouse.com

Article 17 – Use of the products

Koinobori are decorative objects. Unless otherwise stated, they are not toys.

Koinobori are objects designed to be hung and, depending on the models and uses indicated, exposed to the movement of the air.

The Customer is invited to follow the information and instructions provided with the product or presented on its product page.

It is in particular the Customer’s responsibility to choose:

  • an appropriate attachment point;
  • a sufficiently sturdy installation;
  • a location compatible with the characteristics of the product;
  • and reasonable conditions of use with regard to the weather and the environment.

The Customer must take appropriate precautions in the event of weather conditions likely to damage the product or its attachment system.

BCDG cannot be held liable for damage resulting exclusively from:

  • a manifestly unsuitable installation;
  • a use contrary to the intended purpose of the product;
  • an alteration of the product by the Customer;
  • or a failure to follow a clearly communicated safety instruction.

Nothing in this Article limits the consumer’s legal guarantees or the seller’s liability where it cannot legally be excluded.

Article 18 – Liability

BCDG is liable for the proper performance of its obligations in accordance with the applicable legal provisions.

However, it cannot be held liable where the non-performance or improper performance of the contract results from:

  • an act attributable to the Customer;
  • the unforeseeable and insurmountable act of a third party to the contract;
  • or an event of force majeure meeting the legal criteria.

No clause of these Terms has the effect of excluding or limiting the mandatory rights granted to the consumer.

Article 19 – Force majeure

A party cannot be held liable where the non-performance of its obligation results from an event meeting the legal criteria of force majeure.

Where the impediment is temporary, the performance of the obligation may be suspended for its duration, unless the resulting delay justifies the termination of the contract under the conditions provided for by law.

Article 20 – Intellectual property

The Site, its art direction, texts, photographs, illustrations, drawings, graphics, logos, visual creations and other protected elements remain subject to the intellectual property rights of their respective holders.

Creations and designs identified as signed BCDG remain protected by the applicable intellectual property rights.

The purchase of a physical product does not entail any transfer of the intellectual property rights relating to its design.

In particular, the purchase of a koinobori does not authorise the Customer to:

  • reproduce its design for commercial purposes;
  • have it reproduced;
  • commercially exploit its illustrations or patterns;
  • use the BCDG brand or the Koinobori House name as their own.

Uses permitted by law naturally remain reserved.

Article 21 – Personal data

Personal data collected during an order are used in particular to:

  • process the order;
  • collect the payment;
  • arrange the delivery;
  • provide after-sales service;
  • respond to the Customer’s requests;
  • comply with accounting, tax and legal obligations.

The detailed arrangements for the processing of personal data are set out in the Site’s Privacy Policy.

This policy specifies in particular:

  • the purposes of the processing;
  • their legal bases;
  • the recipients;
  • the retention periods;
  • the Customer’s rights;
  • how to exercise them.

Payment, delivery or technical service providers receive only the information necessary to perform the services they provide.

Article 22 – Complaints

For any question or complaint relating to a product or an order, the Customer may contact BCDG:

BCDG – Alain Herbinière EI
34 quater rue de la Marine
29730 Le Guilvinec
France

Email: contact@koinoborihouse.com

BCDG will endeavour to find an amicable solution.

Article 23 – Consumer mediation

In the event of a dispute, the consumer must first submit a complaint to BCDG in order to try to resolve the dispute directly.

If this approach does not lead to an acceptable solution, and subject to the applicable admissibility conditions, the consumer may refer the matter free of charge to the consumer mediator to which BCDG belongs:

CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice

49 rue de Ponthieu
75008 Paris
France

Telephone: 01 89 47 00 14

Email to declare a dispute:
declarer-un-litige@cm2c.net

Online referral:
www.cm2c.net/declarer-un-litige.php

Recourse to mediation is free of charge for the consumer under the conditions provided for by the regulations and the mediator’s rules of procedure.

Article 24 – Governing law and disputes

These Terms are governed by French law.

For a consumer residing in another State, this choice cannot have the effect of depriving them of the protection afforded by any mandatory provisions applicable in their country of residence.

In the event of a dispute, the parties are invited to seek an amicable solution first.

The consumer may then, where they meet the applicable conditions, refer the matter to the consumer mediator indicated in the previous Article.

In the absence of an amicable resolution, the competent courts are those determined by the applicable legal rules.

Nothing in these Terms requires the consumer to bring proceedings exclusively before a court located at the Seller’s registered office where the law grants them other options.

Article 25 – Language

The Site is available in French and English.

An English translation of these Terms may be provided to make them easier for international customers to understand.

The French version is the reference version.

However, this rule cannot deprive a consumer residing in another country of the mandatory protections they enjoy under the legislation applicable to them.

Article 26 – Changes to these Terms

BCDG may amend these Terms to take account in particular of:

  • a change in legislation or regulations;
  • a change in its services;
  • a change in its delivery or payment methods;
  • a change in its commercial organisation.

Amendments do not apply retroactively to orders already concluded.

The version applicable to an order is the one accepted by the Customer at the time of that order.

Each published version is dated.

ANNEX 1 – MODEL WITHDRAWAL FORM

This form may be used to exercise the right of withdrawal where it applies.

Using this form is not mandatory: any clear statement unambiguously expressing the wish to withdraw may also be used.

Addressee

BCDG
Alain Herbinière EI
34 quater rue de la Marine
29730 Le Guilvinec
France

Email: contact@koinoborihouse.com

I hereby notify you of my decision to withdraw from the contract for the sale of the following product(s):

Product(s) concerned:

…………………………………………………………………………..

…………………………………………………………………………..

Order number:

…………………………………………………………………………..

Ordered on:

…………………………………………………………………………..

Received on:

…………………………………………………………………………..

Name and first name of the consumer(s):

…………………………………………………………………………..

Address of the consumer(s):

…………………………………………………………………………..

…………………………………………………………………………..

Email:

…………………………………………………………………………..

Date:

…………………………………………………………………………..

Signature:

…………………………………………………………………………..

Signature only if this form is sent on paper.

Physical return of the product

After receiving the withdrawal request, BCDG informs the Customer of the return address to be used for the order concerned.

Depending on the circumstances, this address will be:

34 quater rue de la Marine, 29730 Le Guilvinec, France

or

46 ruelle de l’Église, 69620 Ternand, France.

The choice of return address does not condition the exercise of the right of withdrawal.

The Customer is simply invited to wait until it has been communicated before shipping the product, so that the return is handled at the right place.

The online withdrawal feature available on koinoborihouse.com may also be used.