General Conditions of Sale
1. Introduction
The company "SOCIETE D'EXPLOITATION TARRERIAS-BONJEAN", hereinafter referred to as the "company", produces and sells tableware products, 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 shall only bind the "company" after written confirmation from it. The mere fact of placing an order or accepting an offer from the "company" implies unreserved acceptance of these general conditions. The client declares having read the following provisions before ordering the Products. By choosing to purchase the Products, the client expressly and irrevocably accepts the terms set forth below.
2. Capacity
The client declares that they have the capacity to enter into this contract, the general terms and conditions of sale of which are presented below.
2.1 Sale of regulated products
The client declares to be at least eighteen (18) years old at the time of placing the order.
Products sold on the site, particularly knives, cannot be sold to minors in accordance with current regulations.
By validating their order, the client acknowledges having the legal capacity to acquire this type of product and undertakes to provide accurate information concerning their identity and age.
The company reserves the right to request any proof to verify the client's age and to cancel any order in case of legitimate doubt.
3. Purpose
These general terms and conditions of sale aim to define the contractual relations between the seller, "the company", and the buyer, "the client", and the conditions applicable to any purchase made through the seller's e-commerce 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 client with the most accurate information possible. However, they cannot be in perfect similitude with the product, especially concerning colors. The dimensions of our products, boxes, and instructions are given with tolerances depending on the manufacturing processes, specified in our internal documents.
5. Obligation to inform
The "company" fulfills its duty of advice and pre-contractual 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 rate number).
6. Order registration and confirmation
To allow the client to review their order before definitively validating it, "the company" has created validation and acceptance screens. The order will only be definitively registered upon the last validation of the order summary screen. Once the order has been validated, and the online payment validated (cf. article 8 of these GTC), the "company" will send the client an order confirmation email. By keeping this email and/or printing it, the client holds proof of their order, which "the company" recommends keeping. However, this email confirms that the client's order has been taken into account by "the company".
Orders equal to or greater than 120 euros are registered for a period of 10 years from the delivery date and can be freely consulted by the client who must first have logged in to the site.
Order details are recorded in the client's "My Account" section. They simply need to click on "My Orders" then "View my order" for the one of their choice.
7. Stock
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 therefore have never been used previously. When placing their order, the client is informed of the availability of the products they wish to purchase. Nevertheless, if despite the "company"'s vigilance, certain products prove to be temporarily or definitively unavailable, the "company" will inform the client by any useful means. The client may then either proceed with an exchange, request a credit note for another order, or request a refund of their order, which will be sent to them as soon as possible.
8. Price, payment and invoicing
Product prices are indicated in euros, inclusive of all taxes, excluding delivery costs. The "company" reserves the right to change prices at any time. Only the prices indicated at the time of the order will be applicable to the client. Any change in VAT rates will be automatically reflected in the price of the "Products". Accepted payment methods are credit card - via the secure online payment site PayPlug and the PAYPAL system. To optimize the security of online transactions, an online payment system is offered to the client which encrypts the client's credit card number. However, the guarantees granted by "the company" for transaction security are identical to those obtained by "the company" from software manufacturers. Warning: to benefit from the secure payment method, the client must use browsers compatible with the system. The possibility of payment by check implies that the order will only be processed upon receipt and clearance of this payment method. The company reserves the right to refuse to deliver 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 definitively judged, with a client. The "Product" invoice will be inserted in the package containing the ordered Product.
9. Delivery
Delivery is made, at the client's choice, by post to the address provided by the client when placing their order or to one of the delivery points proposed by the website and selected during the order.
Deliveries are made according to three coverage zones:
1/ Metropolitan France, and Corsica
2/ EU member countries
3/ Non-EU member countries
The details of the countries covered in zones 2 and 3 are accessible before validating the order and depend on the carrier's shipping 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. Nevertheless, the estimated delivery date - depending on the internal processing time of the order and its shipment by a carrier - will be indicated upstream of the order and on the order form. These are delivery times based on the destination, shipping method, and nature of the item. In the case of items deliverable on different dates due to their availability, the delivery time is based on the longest delay.
The client 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 chosen delivery point when placing your order. For international deliveries, times can range from 4 to 10 working days depending on the destination.
For personalized products, from the receipt of the order, its payment and the marking of the product (approximately seven working days), delivery will be within three (3) working days, i.e. a total of approximately thirteen (13) working days.
The delay may be slightly longer when products must be delivered to hard-to-reach areas. The company will make every effort to deliver the ordered products within the period indicated above. For deliveries to delivery points, an email or SMS will be sent to the client as soon as the package arrives at the delivery point of their choice. From the day of delivery, the client can pick up the package within fifteen days upon presentation of an identity document. After this period, unclaimed packages will be returned to the company.
Even if the company makes every effort to deliver the products to the client within the deadlines defined above, 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 initially planned delivery deadline stated in the delivery email, the company will inform the client as soon as possible, indicating at the same time a new estimated delivery deadline, without incurring liability towards the client, it being specified however that the client may cancel their order if the total delivery time exceeds thirty (30) days. To cancel their order, the client must send an email to the company at contacttb@tb-groupe.fr. We will then re-credit the credit card or PayPal account used to place the order within fourteen (14) days of receiving the email notifying its cancellation.
9.2. Delivery methods
The client ensures that the indicated address allows for delivery on working days. The company refuses post office boxes as a delivery location. Delivery will be made by direct hand-over of the product to the client, or by notification of availability. The product is delivered to the address indicated when the order was placed; this address appears on the client's order form as well as on the delivery note. The "company" cannot be held responsible for delivery problems resulting from difficulties of access to the delivery location. The carrier alone is authorized to judge the difficulty of access and reserves the right not to access the indicated address, or even to bring the package up to an upper floor... this in order to safeguard the physical integrity of the persons present at the delivery location.
If the client has not received their order within the indicated time, the company kindly asks them to first check with post office agents to ensure that they do not have the package. If they confirm that they do not have the products, the company kindly asks the client to contact the company, which will do its best to assist them. All delivery times may be subject to delays due to seasonal or peak activity periods, weather conditions or unforeseen circumstances, but the company will do its utmost to send the client their order within the indicated times. During these exceptional periods of peak activity (e.g. Christmas) or particularly unfavorable weather conditions, the company would be grateful if the client would allow one more day before contacting them. The company asks the client to note that the carrier will require their signature upon delivery and will not hand over the products without a signature.
Orders can be delivered to a workplace, which is generally simpler and helps prevent products from being returned to the company as undelivered by the carrier.
If the client orders many products, the company may be obliged to deliver the products in several installments. If more than one delivery is necessary, the client will be informed in advance.
9.3. Delivery Verification
Upon receipt of their order, the client must check the conformity of the delivered goods before signing the delivery note. The client must indicate on the delivery note, in the form of handwritten or digital reservations, accompanied by their signature, any anomaly concerning the delivery (non-conformity, damaged product...). This verification is deemed to have been carried out once the client, or a person authorized by them, has signed the delivery note without reservation. If, at the time of delivery, the original packaging is open, damaged, torn, the client must then check the condition of the items. If it has been damaged, the client must imperatively 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". Reservations must be unequivocal (expressions such as "subject to unpacking", "non-compliant" are insufficient to prove the existence of a defect and even less of prejudice). The absence of claims, the non-issuance of reservations by the client within 72 hours signifies acceptance of the order in question.
The client is responsible for the products once they have been handed over to them.
Their order will be sent to the delivery address indicated when placing the order. The company cannot be held responsible if this delivery address is incorrect or incomplete.
10. Complaints and After-Sales Service
For any complaint, the client is invited to contact the "company"'s services by logging on to its website in the contact section. All complaints relating to a defect in the delivered goods, an inaccuracy in quantities or their erroneous reference compared to the accepted offer or the order confirmation by the "company", must be made to the "company" by registered mail within 14 days of receipt of the goods, without neglecting, if necessary and in accordance with article 9.1, recourse against the carrier, failing which the client's right to complain will cease to be acquired.
10.1 Processing Returns
Returns are made by post only, unless otherwise specified. Any return of goods requires the "product return" form attached to your package by the "company" and accessible on the site in the "Process a return" section.
In accordance with article L 121-16 of the Consumer Code, the client will have the option of returning ordered items within 14 clear days after receipt of the package. They will have to pay the return costs, the products being returned at the client's expense and risk. The client is therefore advised to declare the value of the goods and take out transport insurance.
Depending on their request, an exchange or refund will take place provided that the item has not been used and is returned with its tags in its original packaging.
The following information is requested: precise contact details, designation of the item(s) concerned, the defect observed and the invoice or delivery note number corresponding to the described items. Goods must be returned with a copy of the invoice and the return number appearing on the package within a maximum of 14 days, to the address indicated in article 17.
10.2 Necessity of original packaging
Any defective product must be returned in its original packaging, which alone ensures the transport of the product in good conditions, with warranty labels, include the entire product and its accessories, and be accompanied by proof of acceptance of its return. Any incomplete, damaged, or impaired 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 incl. VAT to cover the costs of reconditioning parts whose original packaging would have disappeared or been damaged. The customer must therefore take care of the packaging and conditioning of the equipment they send.
10.3 Refund
Any refund request will only be considered after the returned products have arrived at the "company", according to the return procedure indicated above. In case of a compliant return and a refund request, the refund will be made as soon as possible and no later than 14 days, using a payment method that 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 the 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 mere delivery of a payment instrument 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 delivered material. The costs that may be incurred for this return will be borne by the customer.
12. Warranty against hidden defects and liability
The "company" cannot be held responsible for the non-performance of the concluded contract in the event of force majeure. The "company" incurs no liability if the purchase of the products has financial implications for the customer's assets. In any event, the customer benefits from the warranty against hidden defects: thus, in the event of a manufacturing defect of the Product rendering it unusable or unfit for use, the customer may contact "the company"'s after-sales service, either by sending an email to serviceclienttb@tb-groupe.fr, or by sending a registered letter with acknowledgment of receipt to "the company" (cf. article 17 of these GTC). In the case of a warranty 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 choice between repair, identical replacement, 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 delivery cost. The products offered comply with French and European legislation, regulations, and standards.
Defects of conformity
The seller is liable for conformity defects of the sold goods under the conditions of articles L. 211-4 et seq. of the Consumer Code and for hidden defects of 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 the delivery of the goods to act;
- can choose between repair or replacement of the goods;
- is exempt from proving the existence of the conformity defect of the goods during the 6 months following their delivery. This period will be extended to 2 years from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial warranty that may be granted. Consumers can implement the warranty against hidden defects of the sold goods provided for in article 1641 of the Civil Code and that in this case, they can choose between the resolution of the sale or a reduction in price.
13. Contractual warranty
"The company" grants all its products, excluding knife blades, a contractual warranty of 2 years, starting from the order date, under normal use of the "Product". "The company" grants all its knife blades a contractual warranty of 10 years, starting from the order date, under normal use of the "Product".
14. Withdrawal period
The withdrawal period granted to the consumer, as defined by law, for the purchase of goods, under the law, is fourteen (14) clear days, starting from the date of receipt of their order. During this period, the customer has a product return form available via their customer account on the site or can return, by registered letter with acknowledgment of receipt, at their own expense, without other penalties, the Product(s) that do not suit them. The customer can then choose between, on the one hand, the refund of the sums paid in exchange for the "Product(s)", and on the other hand, the exchange of the ordered "Product(s)". 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 for 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 blade marking) are subject to special processing as they are created specifically for you. We therefore cannot accept returns, except in the case of a manufacturing defect evidenced under the conditions of Article 12 hereof.
Order cancellation
Since we process your order upon receipt, it is impossible to cancel it.
15. Personal information
(CNIL declaration n° 1328140) In application of law no. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, the information requested from the customer is necessary for processing their order and is intended for "the company"'s services. The customer has a right of access to information concerning them. Upon request, it can be communicated to them and, in case of error or modification, be rectified. The customer can also object to it being communicated to third parties by sending a letter to "the company" (cf. article 17 of these GTC).
16. Liability
"The company" disclaims its liability for any breach of its contractual obligations in the event of force majeure or fortuitous event, including, but not limited to, catastrophes, 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 a capital of 3,240,000 euros, whose registered office is located at ZAC de Pommier Chansonniere - 63650 La Monnerie de Montel, registered with 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 all the rights and obligations of the parties concerning Product orders on the Internet. No general or specific condition communicated by the customer can be incorporated into these general terms and conditions of sale.
19. Intellectual Property
All elements present on the www.tb-1648.com website (trade names, trademarks, denominations, photos, texts, videos) are and remain the exclusive intellectual property of "the company". No one is authorized to reproduce, exploit, redistribute or use in any capacity whatsoever, even partially, elements of the site.
20. Blade marking and customization
"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 remarks, etc., may be refused.