General conditions of sale and use
The BORDERY company sells objects and products derived from the barrel.
The company BORDERY ensures in particular the marketing of the aforementioned goods through the site borderyfrenchbarrelart.fr. The list of goods offered for sale online by the seller can be consulted on the site available at the address " www.borderyfrenchbarrelart.fr »
The Parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the seller's website.
BORDERY reserves the right to modify these general conditions of sale at any time by publishing a new version on the site. The general conditions of sale are those in force on the date of validation of the order. The parties agree that the photos of the goods for sale on the borderyfrenchbarrelart.fr site have no contractual value.
Article 1. - Definitions
The terms and expressions referred to below mean, when they are preceded by a capital letter, for the purposes of the interpretation and execution hereof:
" Item »: The Property (s) covered by the Order;
" Well »: Any product offered for sale on the Site;
" Ordered »: Request for Goods made by the Customer to the company BORDERY;
" Terms of Sales »: The general conditions of sale which are the subject of these presents;
" Contract »: This act, including its preamble and its annexes as well as any amendment, substitution, extension or renewal made herein by virtue of the Convention of the Parties;
" Delivery time »: Period between the date of Validation of the Order and the date of the Delivery of the Order to the Customer;
" Shipping cost »: Cost of the costs incurred by the company BORDERY to deliver the Order to the Delivery address indicated by the Customer;
" Delivery »: Shipment of the Item to the Customer;
" Delivery method »: Refers to any standard or express delivery method available on the Site at the time of the Order;
" Price »: The unit value of a good; this value is understood to include all taxes and excluding Delivery Costs;
" Total price »: The total amount of the cumulative Prices of the Goods which are the subject of the Order; this amount is inclusive of all taxes;
" All Inclusive Price »: The Total Price to which is added the price of the Delivery Costs; this amount is inclusive of all taxes;
" Service »: Any service offered for sale on the Site;
" Site " : online shopping website " www.borderyfrenchbarrelart.fr »Used by the company BORDERY for the marketing of its Goods;
" Territory »: Has the meaning given to this term in Article 3;
" Confirmation of the order ": Has the meaning given in Article 5;
" Sold online »: Marketing of BORDERY Company Goods via the Site;
Article 2. - Object
The purpose of this Contract is to govern the contractual relations between the company BORDERY, a simplified joint-stock company with a capital of 2,000 euros whose registered office is located at 6 Rue Pierre Loti 33160 Saint Médard en Jalles (tel: 06 67 32 53 17) and registered with the Bordeaux RCS under number 880 935 028, and any user of the borderyfrenchbarrelart.fr site in the context of the Online Sale of Goods offered for sale by the company BORDERY.
Article 3. - Scope
These General Conditions of Sale are reserved for consumers only, within the meaning of the law and case law, acting exclusively for their own account.
In accordance with Articles L. 111-1 and L. 111-3 of the Consumer Code, the essential characteristics and prices of Goods sold electronically are available on the Site.
In addition, the Customer receives the information provided for in Articles L. 121-8 and L. 121-19 of the Consumer Code, before and after the conclusion of the sale and in particular by means of these General Conditions of Sale.
These General Conditions of Sale are applicable to all sales of Goods by the company BORDERY made through the Site.
The Customer declares to have taken cognizance of these General Conditions of Sale before the Validation of the Order within the meaning of Article 5. The Validation of the Order therefore constitutes acceptance without restriction or reservation of these General Conditions of Sale.
These General Conditions of Sale are applicable to Orders made with a view to Delivery in the following countries: Metropolitan France.
For any delivery to be made in a country other than those previously referred to, it is the Customer's responsibility to contact BORDERY by email at the following address: email@example.com in order to determine the specific conditions.
Article 4. - Entry into force and Duration
This Contract comes into force on the date of Validation of the Order as defined in Article 5.
The Contract is concluded for the period necessary for the supply of the Goods, until the expiry of the guarantees and obligations owed by the company BORDERY.
Article 5. - Order of Goods and Conclusion of the Sale Online
In order to complete the Order, the Customer must follow the following steps:
Enter the address of the Site;
Follow the instructions of the Site and in particular, the instructions necessary to open a customer account;
Fill out the order form. In the event of prolonged inactivity during the connection, it is possible that the selection of the Goods chosen by the Customer before this inactivity is no longer guaranteed. The Client is then invited to resume his selection of Goods from the beginning;
Check the elements of the Order and, if necessary, identify and correct errors;
Confirm the Order, the Total Price as well as the All-Inclusive Price (the " Confirmation of the order ");
Follow the instructions of the online payment server to pay the All Inclusive Price.
The Customer then receives electronically and without delay a confirmation of acceptance of payment for the Order.
The Customer also receives electronically and without delay an acknowledgment of receipt confirming the Order (the " Order confirmation ").
The Customer receives electronic confirmation of the shipment of the Order.
Delivery will take place at the delivery address indicated by the Customer when ordering.
When carrying out the various stages of the aforementioned Order, the Customer undertakes to comply with these contractual conditions by application of article 1316-1 of the Civil Code.
The BORDERY company undertakes to honor the Order only within the limit of the available stocks of the Goods. In the absence of availability of the Goods, BORDERY undertakes to inform the Customer thereof.
However, in accordance with Article L. 122-1 of the Consumer Code, BORDERY reserves the right to refuse the Order if it is abnormal, made in bad faith or for any other legitimate reason, and in particular, when 'there is a dispute with the Customer concerning the payment of a previous order.
Article 6. - Price of Goods and Conditions of Validity
The Price of the Goods sold on the Site is indicated respectively by article and reference.
At the time of Confirmation of the Order, the price to be paid is the All-Inclusive Price.
Telecommunications costs inherent in accessing the Site remain the sole responsibility of the Customer.
The period of validity of the offers and prices is determined by the updating of the Site.
Only payments in euros are accepted.
In cases where the shipment of the articles would entail customs duties, local taxes, import duty or other State taxes, their declaration as well as their payment to the competent authorities, will be the responsibility of the Customer.
Article 7. - Payment Terms
Payment of the All Inclusive Price by the Customer is made through one of the following payment methods:
credit card, blue e-card, Visa Mastercard, AmEx
The transaction is immediately debited from the Customer's bank card after verification of its data, upon receipt of the debit authorization from the company issuing the bank card used by the Customer.
In accordance with article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable. By providing the information relating to his bank card, the Customer authorizes BORDERY to debit his bank card for the amount corresponding to the All Inclusive Price.
To this end, the Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his. The Customer communicates the sixteen digits and the expiry date of his credit card as well as, if applicable, the numbers of the visual cryptogram.
In the event that the flow of the All-Inclusive Price is impossible, the Online Sale will be immediately terminated as of right and the Order will be canceled.
The BORDERY company implements all means to ensure the confidentiality and security of data transmitted on the Site.
For payments by credit card, the transaction is carried out by Strype. The Customer's bank details are encrypted (SSL technology, Secure Socket Layer). They do not circulate in clear on the Internet and cannot be intercepted. The Customer's bank details (card number, expiration date, etc.) are not communicated to the company BORDERY.
Article 8. - Order delivery
8.1. Delivery method
The Customer chooses one of the Delivery Methods offered on the Site when placing the Order. Compliance with delivery times depends on the carrier. Consequently, no claim for compensation of any kind whatsoever can be claimed by the customer.
8.2. Delivery address
The Customer chooses a Delivery address necessarily located in the territory of the delivery countries previously referred to, on pain of refusal of the Order, unless previously agreed between the company BORDERY and the Customer. The Customer is solely responsible for a delivery defect due to a lack of indication during the Order.
8.3. Delivery Fee Amount
The amount of the Delivery Costs depends on the amount of the Order and the delivery method chosen by the Customer. In any case, the amount of the Delivery Costs is indicated to the Customer before the Validation of the Order.
Prior to ordering, the Customer should refer to the Shipping Information.
8.4. Delivery delay
The Delivery Times are available on the Site and may vary depending on the availability of the Goods which have been the subject of the Order.
The Delivery Times are understood in working days and correspond to the average preparation and delivery times of the Order in the Territory.
The Delivery Times run from the date of Confirmation of the Order by the Seller.
8.5. Late delivery
In the event of late Delivery, the Order is not canceled.
The BORDERY company informs the Customer by email that the Delivery will be delayed. The Customer may then decide to cancel the Order and will send by registered letter with acknowledgment of receipt to the company BORDERY a notice of cancellation of the Order.
In the event that the Order has not yet been shipped upon receipt by the company BORDERY of the Customer's cancellation notice, the Delivery is blocked and the Customer is refunded any sums possibly debited within fifteen days. following receipt of the cancellation notice. In the event that the Order has already been shipped upon receipt by the company BORDERY of the Customer's cancellation notice, the Customer may still cancel the Order by refusing the package. The BORDERY company will then reimburse the sums debited and the return costs paid by the Customer within fifteen days of receipt of the return of the refused package, complete and in its original condition.
8.6. Delivery tracking
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Site.
8.7. Verification of the Order upon arrival
The transfer of the property of the articles takes place at the provision of the carrier of the ordered good.
The Customer is required to check the condition of the packaging as well as the Articles upon Delivery.
It is the Customer's responsibility to make the reservations and complaints he considers necessary, or even to refuse the package, when the package is clearly damaged on Delivery.
Said reservations and complaints must be sent to the carrier by registered letter with acknowledgment of receipt within three working days, not including public holidays, which follow the date of Delivery of the Goods. The Customer must also send a copy of this letter to the company BORDERY. Failure to make a complaint within the aforementioned period extinguishes any action against the carrier in accordance with Article L. 133-3 of the Commercial Code.
The Customer must ensure that the Goods delivered to him correspond to the Order. In the event of non-compliance of the Goods in kind or in quality with the specifications mentioned in the Delivery slip, the Customer must inform the company BORDERY by e-mail to the following address:
SAS Bordery French Barrel Art
6 Rue Pierre Loti
33 160 SAINT MEDARD EN JALLES - France
and return the Goods to this address. BORDERY will exchange the damaged item within the limits of available stocks. In the event that an item is no longer available, the BORDERY company will offer to choose another item of an equivalent amount. The costs of return and new sending will then be borne by the company BORDERY.
Article 9. - Evidence
The data recorded by the Site constitutes proof of all transactions between the Site and its customers.
The data recorded by the Stripe payment system constitutes proof of financial transactions.
Article 10. - Right to retract
The Customer has a right of withdrawal which he can exercise within 7 calendar days of the date of receipt or withdrawal of the Order. In the event that this period expires on a Saturday, Sunday or a public holiday, it is extended until the next working day.
The Customer who wishes to exercise his right of withdrawal must return the Articles within the aforementioned period, in their original packaging, complete, new.
Article 11. - Complaints
The Customer must address any complaints to the " customer service »From BORDERY by post to the following address:
SAS Bordery French Barrel Art
6 Rue Pierre Loti
33 160 SAINT MEDARD EN JALLES - France
or electronic by recalling the reference and the date of the Order.
Only complaints relating to the Online Sale of Items will be taken into account.
Article 12. - Guarantee
BORDERY is subject to the legal warranty conditions provided for in Articles L. 211-4, L. 211-5 and L. 211-12 of the Consumer Code and Articles 1641 and 1648 of the Civil Code:
Article L 211.4 of the Consumer Code: “The seller is required to deliver goods in accordance with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility. "
Article L 211.5 of the Consumer Code: “To comply with the contract, the goods must:
1 ° Be suitable for the use usually expected of a similar good and, where applicable:
correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. "
Article L 211.4 of the Consumer Code: “The action resulting from the lack of conformity lapses two years after delivery of the goods. "
Article 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. not acquired, or would have given a lower price, if he had known them. "
Article 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within one year of the date on which the seller can be released from apparent defects or lack of conformity. "
Article 13. - Intellectual property rights
The BORDERY company brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on the Goods, their accessories and their packaging, whether registered or not, are and will remain the exclusive property of the company BORDERY. Any total or partial reproduction, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of BORDERY, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo and more generally any distinctive sign intended to form a composite logo. It is the same for all copyright, design, model and patent which are the property of the company BORDERY.
Likewise, the photographs remain the exclusive property of the photographers who took them.
Article 14. - Data confidentiality
The information requested from the Customer is necessary for processing the Order.
In the event that the Customer consents to communicate individual personal data, he has an individual right of access, withdrawal and rectification of this data under the conditions provided for by law n ° 78-17 of 6 January 1978 relating to data processing, files and freedoms. The Customer must send any written request to the following address:
SAS Bordery French Barrel Art
6 Rue Pierre Loti
33 160 SAINT MEDARD EN JALLES - France
When creating their customer account on the Site, the Customer will be able to choose whether they wish to receive offers from the company BORDERY and its partners.
Article 15. - Force Majeure
The execution by the company BORDERY of its obligations under the terms of this Contract will be suspended in the event of the occurrence of a fortuitous event or of force majeure which would hamper or delay its execution.
BORDERY will notify the Customer of the occurrence of such a fortuitous event or force majeure within 10 days from the date of occurrence of the event by registered letter with acknowledgment of receipt or by electronic mail.
When the suspension of the execution of the obligations of the company BORDERY continues for a period exceeding 30 days, the Customer has the possibility of terminating the current Order and the company BORDERY will then proceed to the reimbursement of the Order, without this termination. cannot give rise to the payment of any compensation.
Article 16. - Responsibility
The company BORDERY declines all responsibility for any interruption of the site, any occurrence of computer bugs, any inaccuracy or omission in the information available on the site, any damage resulting from a fraudulent intrusion by a third party resulting in a modification of the information provided. available on site.
The BORDERY company will in no way be responsible for malfunctions attributable to software, whether or not these are incorporated into the Site or supplied with it.
As the articles presented on the Site comply with the requirements of French law, the BORDERY company cannot be held responsible for the violation of the legislation specific to the country of delivery of the article.
Article 17. - Nullity of a Contract Clause
If any of the provisions of this Contract were canceled, this nullity would not entail the nullity of the other provisions of the Contract which will remain in force between the Parties.
Article 18. - Modification of the Contract
Any amendment, termination or abandonment of any of the clauses of this Contract will only be valid after written and signed agreement between the Parties.
Article 19. - Independence of the Parties
Neither party can make a commitment in the name and / or on behalf of the other party. Furthermore, each of the Parties remains solely responsible for its claims, commitments, services, products and personnel.
Article 20. - No waiver
The fact that one of the Parties does not avail itself of a commitment by the other Party to any of the obligations referred to herein, cannot be interpreted for the future as a waiver of the obligation in cause.
Article 21. - Applicable law
This Contract will be governed by French law.
Article 22. - Attribution of jurisdiction
Any dispute resulting from the formation, interpretation or execution of this Contract will fall under the exclusive jurisdiction of the courts within the jurisdiction of Bordeaux notwithstanding the number of defendants or call in warranty.