General Conditions of Sale
1. Introduction
The company "SOCIETE D'EXPLOITATION TARRERIAS-BONJEAN", hereinafter referred to as the "company", is active in the production and sale of products related to tableware, and offers a distance selling service for the aforementioned Products (hereinafter referred to as "Product(s)"), via the Internet. These general terms and conditions of sale apply exclusively to all sales concluded by the "company" both on its own behalf and on behalf of its principals, with consumers. All other conditions are only binding on the "company" after written confirmation from it. The mere fact of placing an order or accepting an offer from the "company" implies unconditional acceptance of these general terms and conditions. The customer declares that they have read the following provisions before ordering the Products. By choosing to purchase the Products, the customer expressly and irrevocably accepts the terms set out below.
2. Capacity
The customer declares that he has the capacity to enter into this contract, the general conditions of sale of which are presented below.
3. Purpose
These general terms and conditions of sale aim to define the contractual relations between the seller, "the company", and the buyer, "the customer", and the conditions applicable to any purchase made through the seller's merchant site. The regulations applicable to the proposed sale are those of distance selling in force in France on the day of the order. They apply from the moment the order is validated.
4. Products
The products offered for sale are those present on the website. The photos accompanying the product description aim to provide the customer with the most accurate information possible. However, they cannot be perfectly similar to the product, particularly concerning the colors. The dimensions of our products, boxes, instructions are given with tolerances depending on the manufacturing processes, specified in our internal documents.
5. Obligation to provide information
The "company" fulfills its duty of pre-contractual advice and information, all information being available directly on the site, by consulting the detailed description of the selected product, or by calling 04.73.51.52.44 (non-premium number).
6. Registration and confirmation of the order
In order to allow the customer to review their order before finally confirming it, "the company" has created validation and acceptance screens. The order will only be definitively recorded upon the final validation of the order summary screen. Once the order has been validated and the online payment validated (see article 8 of these General Terms and Conditions), the "company" will send the customer an order confirmation email. By keeping this email and/or printing it, the customer has proof of their order, which "the company" recommends that they keep. However, this email confirms that the customer's order has been taken into account by "the company".
Orders for an amount greater than or equal to 120 euros are recorded for a period of 10 years from the delivery date and may be consulted freely by the customer who must first have identified himself on the site.
Order details are recorded in the customer's "My Account" section. All they have to do is click on "My Orders" then "View my order" on the one of their choice.
7. Stocks
The offers and products are valid as long as they are visible on the site. All products are guaranteed new in accordance with current legislation, and have therefore never been used before. When placing an order, the customer is informed of the availability of the products they wish to purchase. However, if despite the vigilance of the "company", certain products prove to be temporarily or permanently unavailable, the "company" will inform the customer by any useful means. The customer may then either make an exchange, request a credit on another order, or request a refund for their order, which will be sent to them as soon as possible.
8. Price, payment and invoicing
The prices of the Products are indicated in euros including VAT, excluding delivery costs. The "company" reserves the right to change the prices at any time. Only the prices indicated when ordering will be applicable to the customer. Any change in the VAT rate will be automatically reflected in the price of the "Products". The accepted payment methods are bank card - via the secure online payment site PayPlug and the PAYPAL system. In order to optimize the security of transactions, on the Internet, an online payment system is offered to the customer which allows the customer's bank card number to be encrypted. However, the guarantees granted by "the company" for the security of transactions are identical to those obtained by "the company" from software manufacturers. Please note: to benefit from the secure payment method, the customer must imperatively use browsers compatible with the system. The possibility of payment by check implies that the processing of the order will only be effective upon receipt and collection of this method of payment. The company reserves the right to refuse to make a delivery in the absence of payment or in the event of partial payment. The company also reserves this right in the event of a dispute, not finally judged, with a customer. The invoice for the "Product" will be included in the package containing the Product ordered.
9.Delivery
Delivery is made, at your choice, by post to the address provided by the customer when ordering or to one of the delivery points offered by the website and selected when ordering.
Deliveries are made according to three coverage areas:
1/ the Territory of metropolitan France, and Corsica
2/ member countries of the European community
3/ countries not members of the European Community
Details of the countries covered in zones 2 and 3 are available before confirming the order and depend on the carrier's delivery capabilities.
9.1. Delivery times
Prior to any order, it is indicated that the company has a maximum legal delivery period of 30 days from the placing of the order. However, the estimated delivery date - based on the internal processing time of the order and its delivery by a carrier - will be indicated upstream of the order and on the order form. These are delivery times depending on the destination, the shipping method and the nature of the item. In the case of items deliverable on different dates given their availability, the delivery time is based on the longest time.
The customer will be informed of the estimated delivery time of the products in a delivery email or SMS. This delivery date will normally be two (2) to three (3) working days (excluding Saturdays, Sundays and public holidays) from the sending of the delivery email or SMS for standard delivery, one (1) to two (2) working days from the sending of the delivery email or SMS for express delivery and three (3) to five (5) working days from the sending of the delivery email or SMS for delivery to the delivery point chosen when placing your order. For abroad, delivery times can range from 4 to 10 working days depending on the destination.
For personalized products, from receipt of the order, payment and marking of the product (approximately seven working days), delivery will be made within three (3) working days, for a total of approximately thirteen (13) working days.
The delivery time may be slightly longer when the products have to be delivered to areas with difficult access. The company will make every effort to deliver the products ordered within the time indicated above. For deliveries to delivery points, an email or text message will be sent to the customer as soon as the package arrives at the delivery point of their choice. From the day of delivery, the customer can collect the package within fifteen days upon presentation of an identity document. At the end of this period, unclaimed packages will be returned to the company.
Even if the company makes every effort to deliver the products to the customer within the deadlines defined above, the delivery dates are only estimates, they are not guaranteed, and they cannot be invoked against the company. However, the maximum period of thirty (30) days from the date of receipt of the delivery email is guaranteed.
In the event that the company is unable to meet the delivery time initially planned and stated in the delivery email, the company will inform the customer as soon as possible, indicating at the same time a new estimated delivery time, without incurring any liability towards the customer, it being specified however that the customer may cancel his order if the total delivery time exceeds thirty (30) days. To cancel his order, the customer must send the company an email to contacttb@tb-groupe.fr. We will then re-credit the bank card or PayPal account used to place the order, within fourteen (14) days of receipt of the email notifying its cancellation.
9.2. Delivery terms
The customer ensures that the address indicated allows delivery within working days. The company refuses PO boxes as a delivery location. Delivery will be made by direct delivery of the product to the customer, or by notice of availability. The product is delivered to the address indicated when placing the order, this appears on the customer's order form as well as on the delivery note. The "company" cannot be held responsible for delivery problems resulting from difficulties in accessing the delivery location. The carrier alone is authorized to judge the difficulty of access and reserves the right not to access the address indicated, or to take the package up a floor... this in order to safeguard the physical integrity of the people present at the delivery location.
If the customer has not received his order within the indicated time frame, the company would like to ask the customer to first check with the post office agents that they are not holding the package. If they confirm that they are not holding the products, the company would like to ask the customer to contact the company who will do their best to assist them. All delivery times may be subject to delays due to seasonal or peak periods, weather conditions or unforeseen circumstances, but the company will do its utmost to send the customer his order within the indicated time frame. During these exceptional periods of peak activity (e.g. Christmas) or particularly unfavourable weather conditions, the company would be grateful if the customer could allow an extra day before contacting the company. The company would like to ask the customer to note that the carrier will require his signature upon delivery and will not hand over the products without a signature.
Orders can be delivered to a workplace, which is usually simpler and avoids products being returned to the company as undeliverable by the carrier.
If the customer orders multiple products, the company may be required to deliver the products in several installments. If more than one delivery is necessary, the customer will be informed in advance.
9.3. Delivery verification
Upon receipt of the order, the customer must check the conformity of the delivered goods before signing the delivery note. The customer must indicate on the delivery note, in the form of handwritten or electronic reservations, accompanied by his signature, any anomaly concerning the delivery (non-conformity, damaged product, etc.). This verification is deemed to have been carried out as soon as the customer, or a person authorized by him, has signed the delivery note without reservation. If at the time of delivery, the original packaging is open, damaged, torn, the customer must then check the condition of the items. If it has been damaged, the customer must refuse the package and note a reservation on the delivery slip ("package refused because open or damaged"), and send these same reservations, by registered letter with acknowledgment of receipt, within 72 hours of delivery, to the carrier and to the "company". The reservations must be unequivocal (the expressions "subject to unpacking", "non-compliant" are insufficient to prove the existence of a defect and even less of damage). The absence of complaints or the non-issuance of reservations by the customer within 72 hours signifies acceptance of the order in question.
The customer is responsible for the products once they have been delivered to him.
Your order will be sent to the delivery address indicated when ordering. The company cannot be held responsible if this delivery address is incorrect or incomplete.
10. Complaints and After-Sales Service
For any complaints, the customer is invited to contact the services of the "company" by connecting to its site in the contact section. All complaints relating to a defect in the goods delivered, to an inaccuracy in the quantities or to their erroneous reference in relation to the offer accepted or to the confirmation of the order by the "company", must be made to the "company" by registered mail within 14 days from receipt of the goods, without neglecting, if necessary and in accordance with article 9.1., recourse against the carrier, failing which the customer's right to complaint will cease to be acquired.
10.1 Processing of returns
The return of goods is only done by post, unless otherwise stated. Any return of goods requires the "product return" form attached to your package by the "company" and accessible on the site in the "Proceed with a return" area.
In accordance with Article L 121-16 of the Consumer Code, the customer will have the option to return the items ordered within 14 clear days after receipt of the package. The customer will have to pay the return costs, the products are returned at the customer's expense and at his own risk. The customer is therefore advised to declare the value of the goods and take out transport insurance.
Depending on your request, an exchange or refund will take place provided that the item has not been used and will be returned with its stickers in its original packaging.
The following information is requested: precise contact details, designation of the item(s) concerned, the defect found and the invoice or delivery note number corresponding to the parts described. The goods must be returned with a copy of the invoice and the return number on the package within a maximum of 14 days, to the address indicated in Article 17.
10.2 Requirement for original packaging
Any defective product must be returned in its original packaging, which alone ensures the transport of the product in good conditions, with the warranty labels, include the entire product and its accessories and be accompanied by proof of acceptance of its return. Any incomplete, damaged, damaged product and/or whose original packaging has been damaged, will not be taken back, exchanged or refunded and the customer will have to pay the sum of €35 including tax to cover the cost of repackaging parts whose original packaging has disappeared or has been damaged. The customer must therefore ensure the packaging and conditioning of the equipment they send.
10.3 Reimbursement
Any request for reimbursement can only be taken into account after the arrival of the returned products at the "company", according to the return procedure indicated above. In the event of a compliant return and a request for reimbursement, the latter will be made as soon as possible and at the latest within 14 days, according to a means of payment which will be determined in advance and in agreement with the customer.
11. Transfer of risks and retention of title
The transfer of risks to the customer occurs upon actual delivery of the Product. "The company" expressly reserves ownership of the "Products" delivered until full payment of their price in principal and interest. The simple delivery of a payment voucher does not constitute payment. The above provisions do not prevent the transfer to the customer of the risks of loss or deterioration. In the absence of full payment, "the company" will be entitled to demand the return of the equipment delivered. Any costs that may be incurred for this return will be borne by the customer.
12. Warranty for hidden defects and liability
The "company" cannot be held responsible for the non-performance of the contract concluded in the event of force majeure. The "company" shall not incur any liability if the purchase of the products has financial implications on the customer's assets. In any event, the customer benefits from the guarantee against hidden defects: thus, in the event of a manufacturing defect in the Product rendering it unusable or unfit for use, the customer may contact the after-sales service of "the company", either by sending an email to serviceclienttb@tb-groupe.fr, or by sending a registered letter with acknowledgment of receipt to "the company" (see article 17 of these General Terms and Conditions). In the event of a guarantee against hidden defects, the product must be returned to the company with a copy of the invoice within the maximum legal period of 24 months. The company reserves the right to choose between repair, replacement with an identical product or replacement in value, if the product is no longer manufactured. In all cases, the company's liability is limited to the price of the product paid when ordering, plus the cost of delivery. The products offered comply with French and European legislation, regulations and standards.
Non-conformities
The seller is liable for defects in conformity of the goods sold under the conditions of Articles L. 211-4 et seq. of the Consumer Code and for hidden defects in the goods under the conditions provided for in Articles 1641 et seq. of the Civil Code.
When acting under the legal guarantee of conformity, the consumer:
- benefits from a period of 2 years from delivery of the goods to take action;
- can choose between repair or replacement of the goods;
- is exempt from providing proof of the existence of the lack of conformity of the good during the 6 months following its delivery. This period will increase to 2 years from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. Consumers may implement the guarantee against hidden defects in the goods sold provided for in Article 1641 of the Civil Code and that in this case, they may choose between the resolution of the sale or a price reduction.
13. Contractual guarantee
The "company" grants all its products, excluding knife blades, a contractual guarantee of 2 years, from the order, within the framework of normal use of the "Product". The "company" grants all its knife blades a contractual guarantee of 10 years, from the order, within the framework of normal use of the "Product".
14. Withdrawal period
The withdrawal period granted to the consumer, as defined by law, on the purchase of goods, within the framework of the law, is fourteen (14) clear days, from the date of receipt of his order. During this period, the customer has a product return form via his customer account on the site or can return, by registered letter with acknowledgment of receipt, at his expense, without other penalties, the Product(s) that do not suit him. The customer can then choose between, on the one hand, the reimbursement of the sums paid in return for the "Product(s), and on the other hand, the exchange of the "Product(s)" ordered. It is understood that the Product(s) returned at the customer's expense must be in good condition, as delivered by "the company". An acknowledgment of receipt of the return will be provided by the means deemed most appropriate and rapid by the "company".
Return of personalized products:
Please note that personalized Products (including marking on blades) are subject to special treatment as they are created especially for you. We cannot therefore accept returns, except in the event of a manufacturing defect highlighted under the conditions of article 12 hereof.
Cancellation of order
Since we process your order as soon as we receive it, it is not possible to cancel it.
15. Personal information
(CNIL Declaration No. 1328140) In application of law no. 78-17 of January 6, 1978 relating to information technology, files and freedoms, the information requested from the customer is necessary for processing his order and is intended for the services of "the company". The customer has a right of access to information concerning him. On request, they can be communicated to him and, in the event of an error or modification, be rectified. The customer can also object to them being communicated to third parties by sending a letter to "the company" (see article 17 of these T&Cs).
16. Liability
"The Company" disclaims any liability for any failure to fulfill its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns and any major event preventing the proper execution of orders.
17. Company Identification
"SOCIETE D'EXPLOITATION TARRERIAS-BONJEAN" - Simplified joint stock company with capital of 3,240,000 euros, whose registered office is located at ZAC de Pommier Chansonniere - 63650 La Monnerie de Montel, Registered in the THIERS trade and companies register under number B 397 879 909. Telephone number: 04.73.51.52.44 Fax number: 04.73.51.72.73 Email address: contacttb@tb-groupe.fr
18. Entirety
These general conditions and the related sections (security, payment, delivery, warranty) represent the entirety of the rights and obligations of the parties concerning orders of Products on the Internet. No general or specific conditions communicated by the customer may be integrated into these general conditions of sale.
19. Intellectual Property
All elements present on the site www.tb-1648.com (trade names, trademarks, names, photos, texts, videos) are and remain the intellectual and exclusive property of "the company". No one is authorized to reproduce, exploit, rebroadcast or use for any purpose whatsoever, even partially, elements of the site.
20. Marking and customization of blades
The "company" reserves the right to refuse blade customizations. The company verifies all blade marking requests. Thus, customizations that conflict with the brand's ethics, incite hatred, or present hateful, racist, homophobic, anti-Semitic, etc. remarks may be refused.