GENERAL TERMS AND CONDITIONS OF THE ONLINE STORE FOR FRANCE (GTC)
1. SCOPE OF APPLICATION AND CONTRACTUAL PARTNER
1.1. With regard to the commercial relations between BUCHERER France S.A.S., with address at 12, boulevard des Capucines, 75009 Paris, France (hereinafter referred to as the “seller”) and the customer (hereinafter referred to as the “customer”) in the context of any orders placed in the online store for France (https://www.bucherer.com/fr/en) (hereinafter referred to as the “online store”) the following General Terms and Conditions shall apply in their version which is valid at the time of the order (hereinafter referred to as the “GTC”).
1.2. The product offer in the online store is directed exclusively at adult consumers or consumers who at least have the legal capacity to enter into a contract, who have their normal place of residence in France and who are able to provide a delivery address in France. Within the meaning of the provisions herein, consumers are deemed to be natural persons who are acting in any capacity other than in the context of their commercial, industrial, small skilled-trade or self-employed activities. The online store may not be used for the aforementioned purposes. It is strictly forbidden to professionally resell and distribute any products ordered from the online store.
1.3. Contractual derogations, in particular those indicated by the customer when the order is placed, are only valid to the extent that they are expressly accepted in writing by the seller.
1.4. Subject to the foregoing and any orders already placed, the seller reserves the right to amend these GTC at any time.
2. CUSTOMER SERVICES DEPARTMENT
If the customer has any queries, requests or complaints, he may contact the seller's customer services department: By post: BUCHERER SA, Online Service, Langensandstrasse 27, CH-6005 Lucerne, Telephone: +33 (0)1 7099 1887, e-mail: firstname.lastname@example.org
3.1. The online store is an invitation for the customer to make an offer to conclude a purchase contract for the goods on display.
3.2. An order only becomes final when the customer has entered all the data required to conclude and execute the contract, when the customer has duly confirmed that he has read and understood these general terms and conditions and when he clicks the “Order with obligation to effect payment” button (“order”). Until this option is activated, the customer, who is under no obligation, may select the seller's products and add them to the shopping cart by clicking the “Add to shopping cart” button. Before placing the order, the customer has the opportunity to enter and change the details of the order. When an order has been placed, it is deemed to be a binding offer to the seller for the conclusion of the contract.
3.3. After the order is placed, the customer receives an e-mail confirming that the order has been received and presenting the content of the customer's order. This order receipt confirmation does not yet imply the acceptance of the customer's offer, but merely confirms that the seller has safely received the customer's order.
3.4. An order may be rejected for a legitimate reason if the customer has breached or is suspected to have breached these General Terms and Conditions. A breach arises when, during a previous order, the customer has failed to pay or even when his credit card is found to have insufficient coverage. It is also possible to cancel the order and reject future orders when the return rate of products, which duly comply with requirements, is unusually high for a particular customer and does not improve in spite of the relevant information being issued. Moreover, the cancellation of orders is also justified when the customer is suspected of being a commercial distributor and the customer has not been able to legitimately allay this suspicion based on appropriate supporting documents. It is possible to reject future orders in this context if it is proven or if it had to be legitimately proven that the customer professionally distributes the ordered goods. The customer receives an e-mail notifying the cancellation or rejection of the order.
3.5. The contract is only established by the express declaration of acceptance of the order by the seller. The seller, under no obligation as established above, is entitled to accept the customer's order within a period of seven days following receipt of this order in view of the periods required to process orders and stocks. Acceptance of the order is confirmed by an e-mail sent to the stated e-mail address.
3.6. The foregoing is applicable even if the customer has already paid the purchase price on account of the selected payment method or if he has already arranged the payment. In this case, if the contract is not concluded for any reason whatsoever, the seller shall inform the customer and refund the advance payment. If the contract is concluded, at least with regard to part of the ordered products, the customer is informed via the confirmation of acceptance, i.e. the e-mail with the invoice and order confirmation. In this context, the refund is applicable to all products, which are unable to be delivered.
3.7. To the extent that the order includes several products, the contract is only concluded for the products expressly indicated on the invoice and the order confirmation sent by e-mail.
3.8. A single order may not contain more than two items of each product, whatever the product may be.
3.9. The registered customer may track the status of his order in his personal customer area.
4. PRICE, SHIPMENT AND DELIVERY
4.1. All prices indicated in the online store are expressed in Euros and inclusive of tax. Value Added Tax (VAT) is at the rate applicable in France on the order date. Any adjustment to the applicable rate may be passed on to the prices of goods and services. The seller informs the customer of any forwarding fees and any additional fees, for instance for an express order or gift box, on the order form immediately before the order is placed.
4.2. The seller reserves the right to change the prices of the proposed items at any time. The price displayed at the time of the order applies to this order.
4.3. Unless otherwise agreed, the goods are delivered to the delivery address indicated by the customer, on the understanding that this address may be different from the billing address. Deliveries are only dispatched and received within France. The seller informs the customer of the delivery time during the order process and/or in the e-mail containing the invoice and order confirmation. Unless otherwise agreed, the delivery time for a standard delivery is 2 to 5 business days as of the e-mail containing the invoice and order confirmation. The delivery free of charge unless otherwise specified during the online order process (in the event of an additional delivery option). More specific information on delivery options, the transport company and the shipment process is available on the information pages of the online store.
4.4. After the goods are handed over to the transport company, it sends an e-mail to the customer confirming shipment; this e-mail includes a tracking code, which allows the customer to track the delivery.
4.5. All orders placed via the online store are final, subject to the right of revocation pursuant to Clause 6 and the terms of Clause 11 hereunder on statutory guarantees.
4.6. When the goods are delivered to the address indicated by the customer, the customer is required to check that the products received are not visibly different from those ordered. The customer must report any anomaly related to the delivery, especially in the case of damaged packages or missing or damaged products, to the customer services department of the seller in writing, within five (5) days of receipt of the goods (see Clause 2 Customer Service Department). Subject to the provisions on the right of revocation (see Clause 6 below) and the statutory guarantee of conformity (Clause 11 below), any complaint reported more than five (5) days after the goods are received shall be rejected and the seller may not, under any circumstances, be held responsible in this capacity.
4.7. Despite confirmation of shipment by the transport company, if a delivery does not reach the address of the customer or if the customer is not kept abreast of the situation by the transport company within two days of the confirmation of delivery, the customer must immediately contact the customer services department of the seller (see Clause 2 above).
5. PRESENTATION OF GOODS, DELIVERY TIME, AVAILABILITY
5.1. Only those goods featured in the online store on the day of the order, and identified as being available, may be sold to the customer. The product offer and prices remain valid until such time as the goods are no longer available in the online store.
5.2. All representations of goods in advertising materials, leaflets, the online store, etc. are merely illustrative and have no contractual value. The manufacturer's warranties and certificates of authenticity benefit the customer to the extent that they are applicable in France. We reserve the right to alter the products presented in the online store at any time and without notice, and to limit the number of items which may be purchased by the customer.
5.3. Some products presented in the online store may not be ordered or purchased directly in the online store. The relevant details are specified under the corresponding product information. In relation to these goods, the customer has access to a request form in the online store.
If the seller is unable to observe a delivery time for any reason beyond its control (unavailability of the product in a case of force majeure, for instance), the seller then immediately informs the customer and indicates a newly scheduled delivery time, if applicable. If the delivery time is not convenient for the customer or if the goods are not available in part or in full during the new delivery time, both parties to the contract are entitled to cancel the order of the product concerned; any payment already made for the unavailable product shall, in this case, be immediately refunded by the seller to the customer.
5.4. The goods are delivered on the condition that the seller procures supplies from the supplier in a timely manner and in the correct and proper form. A delivery delay is not deemed to exist in the event of a strike or other industrial disputes, riots, war, natural disasters and in the event of a delivery block of the manufacturer or the supplier or (any other) case of force majeure. The seller may not be held responsible for any delivery delays caused by manufacturers or third parties.
5.5. Products are available until stocks run out. In exceptional cases, mistakes and rectifications may occur, especially when several customers order the same goods at the same time. The seller is not responsible for stock shortages or the unavailability of goods.
5.6. If all ordered products are not in stock, the seller is entitled to make partial deliveries. If it emerges, following the conclusion of the contract, that all or part of the products are unable to be delivered for reasons beyond the control of the seller, the customer is entitled to cancel his order as indicated above.
6.1. The customer has a right of revocation subject to the conditions outlined below.
6.2. The right of revocation must be exercised within a period of 14 calendar days of the date on which the customer receives delivery of his order. The customer shall then send back or return the products to the seller within a maximum period of 14 calendar days following notification of his revocation decision.
6.3. The right of revocation (but not any recourse under warranty) excludes any products which are not pre-manufactured and for whose production an individual choice or customer instructions are essential, or which are objectively tailored to the personal needs of the customer. This particularly applies to any individual engravings or changes to goods.
6.4. In order to exercise his right of revocation, the customer may use, at his discretion:
- the withdrawal form (attached herewith and received with the package by post) returned to the following address: BUCHERER France S.A.S., 12, Boulevard des Capucines, 75009 Paris, France;
- the online withdrawal form (available by logging into your account and going to the “my returns/exchanges” section);
- an unambiguous statement (e.g. by letter sent by post, fax or e-mail). The paper statement shall be sent to the following address: BUCHERER France S.A.S., 12, Boulevard des Capucines, 75009 Paris, France.
6.5. If the customer uses the electronic format, the seller shall immediately send an acknowledgement of receipt of the revocation in a sustainable format (e.g. by e-mail).
6.6. The goods must be returned in their brand-new condition and unused. They must be returned in their original packaging with all protections, labels and stickers on the products and with all accessories and replacement parts. If the return does not take place in accordance with these instructions, the seller is entitled to offset the value of any products, which have not been returned by the amount to be repaid to the customer. Offsetting also takes place when the products are damaged during the return due to a fault of the customer.
6.7. The seller bears the return cost of the goods provided that the customer uses the return postage label of the transport company attached to the delivery. Otherwise, the customer bears the direct costs of returning the goods and the liability/insurance for the package. The return postage label must also be used for reasons of insurance and liability. If the customer does not use the return postage label, he assumes liability for the returned goods at their total value. In this situation, the seller is not liable for any loss, damage, misdelivery or return delivery delays. If he does not use the return label, the customer is personally responsible for the insurance and transport of the goods.
6.8. In the event that the right of revocation is exercised, the seller shall refund all payments received from the customer, including delivery charges (excluding additional fees based on the customer's selection of any delivery method other than the cheapest “standard delivery” procedure proposed by the seller) without any unreasonable delay and, at any rate, no later than 14 days from the date on which the seller is informed of the customer's revocation decision. The seller may defer the refund until the goods are recovered or the customer has submitted proof that these goods have been shipped. For this purpose, the date on which the first of these events occurs shall be valid. The refund is made by the same payment method used by the customer in the order, unless otherwise agreed with the customer. The refund is the only obligation of the seller in the context of any such return. Any exchange of goods is excluded.
REVOCATION FORM TEMPLATE
(Please complete and return this form only if you wish to revoke from the contract. You are also advised to indicate your order number)
For the attention of BUCHERER France S.A.S., 12, boulevard des Capucines, 75009 Paris, France,
I do hereby notify that I wish to exercise my right of revocation from the contract relating to the sale of the goods below:
Ordered on: […] (*) / Order received on: […] (*)
Signature (only if the present form is submitted in paper form):
(*) Delete as appropriate
7. RETENTION OF TITLE
The ownership of the delivered goods is retained by the seller until payment of the delivery invoice amount is received in full (final and unreserved collection of the total purchase price).
8. PAYMENT METHODS
In relation to orders via the online store, the customer may use the payment methods indicated in the online store in accordance with the provisions of applicable law. You will find further information via the following link: https://www.bucherer.com/fr/en/payment
9. TRANSFER OF RISKS
Any risk of loss of or damage to the goods is transferred to the consumer at the time when possession of these goods is physically taken by the consumer or any third party designated by the latter other than the transport company proposed by the professional.
When the consumer entrusts the delivery of the goods to any transport company other than the one proposed by the professional, the risk of loss of or damage to the goods is transferred to the consumer when the goods are handed over to the transport company.
10.1. All our products benefit from the statutory guarantee, provided that they have been subjected to normal use and that the maintenance instructions have been followed.
10.2. In the case of the statutory guarantee of conformity, the customer:
- may act within two years of delivery of the goods if they are not consistent with the specifications of the contract and he was unaware of this non-conformity upon conclusion of the contract;
- may choose either to have the product repaired or replaced, provided that the customer's choice does not result in a clearly disproportionate cost with the regard to the other procedure, in view of the product value or the importance of the fault. The return and delivery charges associated with the replacement product shall be borne by the seller;
- is excused from furnishing proof of the non-conformity of the goods within twenty-four (24) months of delivery of the product.
10.3. The customer may decide to activate the warranty against hidden defects in the good sold within the meaning of Article 1641 of the French Civil Code if the product fault renders it unfit for its intended purpose.
In this event, the customer may choose either to cancel the sale or receive a sale price reduction in accordance with Article 1644 of the French Civil Code.
10.4. Any request relating to either of these warranties must be sent to the customer services department (see Clause 2 above). The return charges shall be paid in advance by the customer and shall only be reimbursed if the seller is held responsible under the warranty.
10.5. It should be noted that, in the event of a purchase in a professional capacity, while the customer is informed of his stated capacity as a consumer, the seller may not be held responsible for any damage which may occur on account of the purchase or use of the products in a context of a professional use.
10.6. Some provisions of French law are reproduced in Appendix 1.
11. DAMAGE CAUSED BY TRANSPORT
If products are delivered with clear damage caused by transport, the customer must immediately report it to the transport company and make immediate contact with the customer services department of the seller (see Clause 2 above). Failure to submit a complaint or make contact has no bearing on the legal rights and their exercise, especially the rights under warranty. However, the customer assists the seller to assert its rights vis-à-vis the transport company or the transport insurance if applicable.
12. SELLER'S LIABILITY
The seller is not liable for any damage caused by any of the following: (i) any storage, adjustment or use that is improper, unlawful or contrary to the contract, (ii) use of incompatible parts or accessories, (iii) lack of maintenance and/or inappropriate alterations or repairs to the goods by the customer or a third party, (iv) force majeure, including basic damage caused by moisture, falls or knocks, etc., that cannot be attributed to the seller and court or administrative orders.
13. PROTECTION OF PERSONAL DATA
By accepting these General Terms and Conditions, the customer states that he has read and understood the terms on the protection of personal data.
In accordance with Article L. 213-1 of the French Consumer Code, the seller undertakes to store and archive on all media, for a period of 10 years, any contracts concluded between the customer and the seller whose value is equal to or greater than € 120 and to provide the customer with access at any time.
This right of access may be exercised by contacting the following address: BUCHERER France S.A.S., 12, Boulevard des Capucines, 75009 Paris, France
15. APPLICABLE LAW AND RESOLUTION OF DISPUTES
15.1. Applicable Law
These GTC are subject to French law by the seller.
They shall apply to any deliveries to consumers whose address is exclusively based in France.
If the customer has submitted a complaint to the customer services department but has not received satisfaction, the customer may, in accordance with the provisions of the French Consumer Code on the amicable resolution of disputes, refer the matter to:
- Medicys, whose contact details are as follows: Medicys-Centre for Mediation and Amiable Resolution. Bailiffs-73 Boulevard de Clichy-75009 PARIS. email@example.com
After the consumers have completed the formality to inform the seller in writing, any consumer dispute, which is unable to be resolved, may be referred to the Mediation Service.
Moreover, the European Commission has implemented an Online Dispute Resolution platform in order to facilitate the extra-judicial resolution of online disputes between consumers and professionals of the European Union.
This platform is accessible via the following link: https://webgate.ec.europa.eu/odr/
In the absence of mediation or if it fails to produce a resolution, the consumer may refer the matter either to the territorially competent courts by virtue of the French Code of Civil Procedure, or to the court of the place in which he is based upon conclusion of the contract or occurrence of the harmful event.
(Last update: 29/04/2019)
APPENDIX 1: WARRANTY (Translation)
Article L. 217-4 of the French Consumer Code
The seller is required to deliver a product in accordance with the contract and guarantees any faults of conformity existing during delivery. It also guarantees any defects of conformity caused by the packaging, assembly or installation instructions whenever they are considered in the contract or performed under its responsibility.
Article L. 217-5 of the French Consumer Code
The product is consistent with the contract:
1. If it is appropriate for the use normally expected for such an article and, if necessary:
- if it is consistent with the description provided by the seller and characterised by the qualities presented by the seller to the buyer in the form of a sample or model;
- if it is characterised by the qualities that a buyer may reasonably expect in view of the public statements made by the seller, by the producer or by its representative, especially in terms of advertising or labelling;
2. Or if it has the characterises defined by mutual agreement between the parties or is suitable for any special use sought by the buyer and known to and accepted by the seller.
Article L. 217-12 of the French Consumer Code
Any action based on a non-conformity shall be barred after two years from delivery of the goods.
Article L. 217-16 of the French Consumer Code:
When the buyer asks the seller, during the commercial guarantee period which is granted upon purchase or repair of movable property, to restore the item in question under the guarantee, any period of inactivity of at least seven days is added to the period of the guarantee that is yet to elapse. This period begins to elapse as of the buyer's request or the availability of the item in question for repair, provided that this availability is subsequent to the request for action.
Article 1641 of the French Civil Code
The seller is bound by a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 paragraph 1 of the French Civil Code.
An action resulting from fundamental defects must be brought by the buyer within two years of the discovery of the defect.