The offer of the present electronic store is proposed by the company Andromède, owner of the Barazzi.com website.
The store mentions the following information:
Identification of the company:
7 Mané Kerguezec
N°SIRET : 520 275 421 00011
Tel : 0-760-387-007
Presentation of the essential characteristics of the goods and services offered.
Indication of the total price to be paid for the goods and services offered in Euros, all taxes included for the countries of the European Union. For countries outside the European Union, the prices are indicated without taxes. The prices indicated do not include the participation to the shipping costs.
- Indication of the terms of payment, delivery or execution.
- Existence of a right of withdrawal.
- Period of validity of the offer and the price.
All the information contained in the site www.barazzi.com (hereafter called the Site) are in French language.
The customer acknowledges having, prior to placing the order, read all the above information and the general conditions of sale.
The customer, prior to ordering the product, declares that the acquisition of the said product is not directly related to his professional activity, their acquisition being reserved for a personal use on his part.
As a consumer, the customer thus has specific rights, which would be called into question in the hypothesis where the products acquired within the framework of the electronic store would have in reality a relationship with its professional activity.
He also declares to have the legal capacity to commit himself under these general conditions.
The present general conditions of sale have for object to define the rights and obligations of the parts within the framework of a remote sale of goods proposed in the present electronic store.
2-COVERAGE OF THE OFFER
The geographical area of coverage of the Barazzi store offer is as follows:
France and Belgium
For the following countries, please contact us
Outside Europe : Andorra, Australia, Bahamas, Cameroon, Canada, China, Ivory Coast, Egypt, Guadeloupe, French Guiana, Hong Kong, Hungary, Iceland, Indonesia, Israel, Japan, Jordan, Kuwait, Lebanon, Saudi Arabia, South Africa, United Arab Emirates, United States, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Saint Barthelemy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, United Arab Emirates, Venezuela.
The present contract is formed, in decreasing order of legal value, by the following documents:
the present general conditions of sale
the order form
The photographs illustrating the products on the Site are not part of the contract.
If errors or alterations resulting from the processing of these photographs are introduced, the responsibility of Andromède cannot, in any case, be engaged.
4- ORDER TAKING
Any order form signed by the validation click constitutes an irrevocable commitment by the customer which can only be challenged in the cases restrictively provided for in the present contract in the articles "Right of withdrawal" and "Execution of the order".
5-CONFIRMATION OF ORDER
The conclusion of the contract will only occur at the moment of the confirmation of the order by the company Andromède.
The customer will receive by mail or e-mail an acknowledgement of receipt confirming the order with all the elements of the contract (products ordered, price, delivery time, shipping costs, ...)
Andromède reserves the right not to confirm an order for any reason whatsoever, in particular due to a product supply problem or a problem concerning the order received.
6-DURATION OF THE OFFER
The offers contained in this site are valid as long as the products which are related to it remain on line and until stocks are exhausted.
7- PRICES - INVOICE
Prices are expressed in Euros. The amounts expressed in dollars or in other currencies are provided as an indication only. The exact amount will depend on the rate of the dollar or the currency concerned at the time of payment.
The price guaranteed to the buyer is the one displayed on the Site at the time of purchase.
The price fixed at the time of purchase is firm and definitive. It does not include the participation in the delivery costs charged in supplement and which will be indicated in the confirmation of order.
For a delivery within the European Union, the prices take into account the VAT applicable on the day of the order. They are therefore indicated including VAT.
No other customs duty or VAT will be payable for a delivery within the European Union. Any change in the applicable rate may be reflected in the selling price of the products in the catalog.
For a delivery outside the European Union, the customer will have to pay the customs duties, VAT or other taxes due at the time of the importation of the products in the country of the place of delivery.
The related formalities are also the exclusive responsibility of the customer, unless otherwise specified. The customer is solely responsible for verifying the possibility of importing the ordered products with regard to the laws of the country of delivery.
An invoice will be issued by Andromède. The customer must specify the address to which the invoice is to be sent.
The payment of the totality of the price is due upon placing the order.
The customer agrees to pay the price stipulated for the product ordered on the Site (price of the products and transport) as well as to pay or have paid, if necessary, directly to the forwarding agent or carrier, the customs duties, the VAT or other taxes due on the importation of the products into the country of the place of delivery.
The customer pays his order :
- by credit card as proposed on the Site.
The customer guarantees Andromède that he/she has the necessary authorizations to use this method of payment when placing the order.
- Or by check payable to : SARL Andromède.
If the check is not received within 10 days of the confirmation of the order by Andromède or if the check is rejected by the bank, Andromède reserves the right to cancel the order.
- Or by bank transfer to the order of : SARL Andromède.
If the bank transfer is not received within 10 days of the confirmation of the order by the company Andromède or if the bank rejects the transfer, the company Andromède reserves the right to cancel the order. The bank details are given to you at the time of the order.
- Or by Paypal.
The customer guarantees Andromède that he/she has the necessary authorizations to use the Paypal payment method when placing the order.
9-DEFAULT OF PAYMENT - RETENTION OF TITLE
The products ordered remain the property of Andromède until the final and complete payment of their price in accordance with the terms of the law n°80 335 of May 12, 1980. Andromède reserves the right to claim the products ordered in case of non-payment.
In this case, and upon the first request of Andromède, the customer agrees to return any unpaid product, at his own expense.
10-TRANSFER OF RISKS
The transfer of risks to the customer occurs as soon as the products are delivered by Andromède to the carrier. The products travel at the customer's risk. The same applies in the case of shipment or return of products made carriage paid.
During the withdrawal period mentioned in article 16 below, the customer is responsible for the goods as a guardian. In case of deterioration or destruction of the product during the custody of the customer, the latter will suffer all consequences.
11- EXECUTION OF THE ORDER
The order will be executed within the time specified on the Site and during the confirmation of the order by Andromède and in any case within 30 days following the confirmation of the order, subject to the availability of the product ordered and unless otherwise specifically agreed between the parties.
In case of stock shortage or unavailability of the ordered product, Andromède will inform the customer as soon as possible and will specify the availability period.
The customer will confirm by e-mail his choice either to wait for the availability of the product or to be refunded.
The geographical area of delivery corresponds to the geographical area of coverage of the offer.
The products are delivered to the address indicated by the customer on the order form.
The delivery is deemed to be carried out as soon as the product is given to the carrier.
The delivery slip given by the carrier, dated and signed by the customer upon delivery of the product will constitute proof of transport and delivery.
Upon delivery, the customer must verify the content, conformity and condition of the product(s).
In the event of delays, damage, total or partial loss, or any other problem, it is up to the customer to exercise any recourse with the carrier without the responsibility of the Andromède company ever being called into question.
Therefore, upon delivery, Andromède recommends that the customer check the condition of the products delivered before signing the acknowledgement of receipt of the package.
If he/she notices any anomalies, he/she must refuse the delivery of the products or issue handwritten, precise and dated reservations. These reservations must be confirmed with the carrier by registered letter with acknowledgment of receipt within three (3) working days following the delivery of the products. A copy will be sent to Andromède.
Deliveries are made from Monday to Friday (no delivery on Saturday and Sunday).
In addition to the usual cases of force majeure, the following are expressly considered as cases of force majeure by the French courts and tribunals
- total or partial strikes, internal or external to the company, blocking of means of transport or supply for any reason whatsoever, governmental or legal restrictions, computer breakdowns, blocking of telecommunications including networks and especially the Internet.
The occurrence of a case of force majeure will initially suspend the execution of the order by operation of law.
If beyond a period of three (3) months, the parties note the persistence of the case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.
14- WITHDRAWAL OF PRODUCTS IN CASE OF ABSENCE OF THE CUSTOMER
In case of absence of the recipient during the delivery, the carrier will leave a notice of passage at the delivery address indicated by the customer. The products will have to be withdrawn with the address and according to the methods indicated by the conveyor.
In the event of non withdrawal within the time limit set by the carrier, the products will be returned to Andromède who reserves the right to reimburse the price of the products, the shipping costs remaining the responsibility of the customer.
Claims for non-conformity of the delivered product(s) with the order must be made in writing directly to the Andromède company immediately upon receipt. The customer must keep the packaging and the delivery note.
In the event of an error on the product, the customer undertakes to return the product or products concerned within 7 days of their receipt to Andromède, provided that they are returned without opening their packaging, in their original condition and packaging with the accompanying documents.
Upon receipt of the product in due form, Andromède will return, at its own expense, the product initially ordered.
16-RIGHT OF WITHDRAWAL
The customer has, within 7 working days from the delivery of his order, the right to return, at his own expense, for exchange or refund, the products that do not suit him in accordance with Article L 121-16 of the Consumer Code.
If this period expires on a Saturday, a Sunday or a holiday or day off, it is extended until the next business day.
The returned product must be in its original condition and packaging. It must not have been used, nor have suffered any deterioration, however slight, and be in a perfect state of cleanliness.
This right of withdrawal is exercised without penalty. Within a maximum period of 30 days from the receipt of the product, the customer will be reimbursed for the sums paid. To this end, the customer must provide Andromède with his bank details.
In order to avoid any inconvenience, the products are checked by Andromède before being shipped. However, the customer benefits from a contractual guarantee against all defects that the delivered product could present for a period of 3 months from the delivery subject to a normal use and in accordance with the recommendations stated in the documents related to the products and the attached instructions for use.
In any case, the products sold benefit from the legal guarantee against hidden defects provided by articles 1641 and following of the Civil Code.
Finally, some products benefit from an extended warranty. In these cases, the terms and conditions and duration of the warranty are specified in the warranty card delivered with the product. This warranty does not cover damage, breakage or malfunctions due to failure to observe the precautions for use.
To implement the warranty, the customer must return the product to Andromède at his own expense, enclosing the original invoice.
The product will be exchanged for an identical product and sent to the customer at Andromède's expense, except in case of stock shortage or disappearance of the product from the range proposed by Andromède. In the latter case, Andromède will refund the price of the product to the customer.
The automated processing of information, including the management of users' e-mail addresses, is done in compliance with the provisions of law n°78-17 of January 6, 1978.
The personal information requested from the customer is essential for the processing and delivery of orders, the establishment of invoices and any warranty contracts. For these purposes, this information may be communicated to Andromède's contractual partners.
The customer may object to such communication and in accordance with the law "Informatique et libertés" (law of January 6, 1978), he/she has the right to access, modify, rectify and delete data concerning him/her by contacting the company Andromède.
For reasons of fraud limitation, Andromède may ask you to provide proof of identity or residence. We thank you for your understanding.
The "validation click" constitutes an electronic signature.
This electronic signature has the same value between the parties as a handwritten signature.
The computerized registers, kept in the computer systems of Andromède under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
The Andromède company holds the intellectual property rights on the site and the right to distribute the elements appearing in the catalog of the electronic store and in particular the photographs for which it has obtained the necessary authorizations from the persons concerned.
Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the site and the catalog, their use as well as their provision to third parties are strictly forbidden.
22- COMPLETENESS OF THE CONTRACT
The present general conditions of sale express the entirety of the obligations of the parties.
No other general or particular condition communicated by the customer will be able to integrate or derogate from the present general conditions.
The fact that Andromède does not avail itself of a breach by the customer of any of its obligations shall not be interpreted as a waiver of the obligation concerned and of the right to avail itself of this breach at a later date.
If one or more of the stipulations of these general conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their scope.
The present contract is subject to French law, both for the rules of substance and for the rules of form.
In the event of a dispute and in the absence of an amicable agreement between the parties, jurisdiction is expressly attributed to the courts of the jurisdiction of the registered office of Andromède, notwithstanding the introduction of third parties or the plurality of defendants, even for emergency procedures or protective procedures by reference or by petition.