Terms of Sales
1. Introduction
The company “SOCIETE D’EXPLOITATION TARRERIAS-BONJEAN”, hereinafter referred to as the “company”, is engaged 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 conditions of sale apply exclusively to all sales concluded by the "company" both for its own account and for that of its principals, with consumers. All other conditions 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 customer declares to have read the following provisions before placing an order for 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 conclude this contract, the general conditions of sale of which are presented below.
3. Purpose
These general 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 ensure that the customer's information is as accurate as possible. However, they cannot be perfectly similar to the product, particularly regarding colors. The dimensions of our products, boxes, instructions are given with tolerances depending on the manufacturing processes, specified in our internal documents.
5. Information obligation
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. Registration and confirmation of the order
In order to allow the customer to reconsider their order before definitively validating it, "the company" has created validation and acceptance screens. The order will only be definitively recorded at the last validation of the order summary screen. Once the order has been validated, and the online payment has been validated (see article 8 of these General Terms and Conditions), the “company” will send the customer an email confirming the order. By keeping this email and/or printing it, the customer has proof of his order, which "the company" recommends that he keep. However, this email confirms that the customer's order has been taken into account by "the company".
Orders of an amount greater than or equal to 120 euros are recorded for a period of 10 years from the delivery date and can be consulted freely by the customer who must first have identified themselves on the site.
Order details are recorded in the customer's "My Account" section. All he has to do is click on “My Orders” then “View my order” on the one of his choice.
7. Stocks
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 their 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 can then either make an exchange, request a credit on another order, or request a refund of 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 tax, excluding delivery costs. The “company” reserves the right to change prices at any time. Only the prices indicated when ordering will be applicable to the customer. Any change in VAT rate will be automatically reflected in the price of the “Products”. The accepted payment methods are credit 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 be able to benefit from the secure payment method, the customer must 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 still reserves this possibility in the event of a dispute, not definitively adjudicated, with a customer. The invoice for the "Product" will be inserted in the package containing the Product ordered.
9.Delivery
Delivery is made, as desired, 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 that are not members of the European community
The details of the countries covered in zones 2 and 3 are accessible before validation of the order and depend on the transport capabilities of the carrier.
9.1. Delivery delay
Prior to any order, it is indicated that the company has a maximum legal delivery time of 30 days from the placing of the order. However, the estimated delivery date — depending on the internal processing time of the order and its delivery by a carrier — will be indicated before the order and on the order form. These are delivery times depending on the destination, shipping method and the nature of the item. In the case of items deliverable on different dates taking into account 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 sending the delivery email or text message for express delivery and three (3) to five (5) working days from sending the email or text message delivery for delivery to the delivery point chosen when ordering. For abroad, delays can range from 4 to 10 working days depending on the destinations.
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). ) open days.
The lead time may be slightly longer when products must be delivered to areas with difficult access. The company will make every effort to deliver the ordered products within the time frame 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 will be able to 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 of the society. 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 appearing 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 costs. responsibility towards the customer, it being however specified that the customer may cancel his order if the total delivery time exceeds thirty (30) days. To cancel their order, the customer must send the company an email to contacttb@tb-groupe.fr. We will then recredit 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 post office 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 is solely authorized to judge the difficulty of access and reserves the right not to access the address indicated, or to take the package to a higher floor... this with the aim of safeguarding the physical integrity of people present at the place of delivery.
If the customer has not received his order within the time indicated, the company asks him to first check with the post office agents that they are not holding the package. If they confirm that they do not have the products, the company thanks the customer for contacting the company who will do its best to assist them. All delivery times may be subject to delays due to seasonal or busy periods, weather conditions or unforeseen circumstances, but the company will do its utmost to send the customer their order within the deadlines indicated. During these exceptional periods of full activity (e.g. Christmas) or particularly unfavorable weather conditions, the company would be grateful to the customer to allow it one more day before contacting it. The company thanks the customer for noting that the carrier will require his signature upon delivery and will not hand over the products without signature.
Orders can be delivered to a workplace, which is generally simpler and avoids products being returned to the company as undelivered by the carrier.
If the customer orders numerous products, the company may be obliged to deliver the products in several installments. If it is necessary to make more than one delivery, the customer will be informed in advance.
9.3. Delivery Verification
Upon receipt of his order, the customer must check the conformity of the goods delivered, 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-compliance, damaged product, etc.). This verification is deemed to have been carried out once 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 opened, 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 following 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, the non-emission of reservations on the part of the customer within the 72-hour period means acceptance of the order in question.
The customer is responsible for the products once they have been delivered to him.
Their 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, an inaccuracy in the quantities or their incorrect reference in relation to the accepted offer or the confirmation of the order 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., recourses against the carrier, failing which the customer's right to claim will cease to be acquired.
10.1 Processing of returns
The return of goods can only be made 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. He 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 as long as 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 noted 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 returns number appearing on the package within a maximum of 14 days, to the address indicated in article 17.
10.2 Need 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 warranty labels, include the entire product and its accessories and be accompanied by a proof of acceptance of his return. Any product that is incomplete, damaged, damaged and/or whose original packaging has been damaged will not be returned, exchanged or refunded and the customer will have to pay the sum of €35 including tax to cover the costs of repackaging the products. parts whose original packaging has disappeared or been damaged. The customer must therefore ensure the packaging and packaging of the material he sends.
10.3 Reimbursement
Any refund request can only be taken into account after the arrival of the products returned to the “company”, according to the return procedure indicated above. In the event of a compliant return and request for reimbursement, the latter will be made as soon as possible and within 14 days at the latest, using 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 document 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 equipment. The costs that may be incurred for this return will be the responsibility of the customer.
12. Guarantee against hidden defects and liability
The “company” cannot be held responsible for non-performance of the contract concluded in the event of force majeure. The "company" incurs no responsibility if the purchase of the products has financial implications on the customer's assets. In any case, 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 can 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 case of a guarantee for 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 value replacement, 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 laws, regulations and standards.
Compliance defects
The seller is liable for defects in the 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 as a legal guarantee of conformity, the consumer:
- benefits from a period of 2 years from the delivery of the property to take action;
- can choose between repairing or replacing the property;
- is exempt from providing proof of the existence of the lack of conformity of the goods 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 granted. Consumers can implement the guarantee against hidden defects in the goods sold provided for in article 1641 of the Civil Code and in this case, they can choose between the cancellation 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 their 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 own expense, without other penalties, the Product(s) that do not suit him. The customer will then be able to choose between, on the one hand, the reimbursement of the sums paid in return for the "Product(s)" and the delivery cost, 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 in the conditions of article 12 hereof.
Order cancellation
Since we process your order upon receipt, 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 data processing, files and freedoms, the information requested from the customer is necessary to process his order and is intended for 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 may also object to their being communicated to third parties by sending a letter to “the company” (see article 17 of these General Terms and Conditions).
16. Liability
"The company" disclaims its liability for any failure to fulfill its contractual obligations in the event of force majeure or fortuitous circumstances, including, but not limited to, catastrophes, fires, internal or external strikes, internal or external failures or breakdowns. and any major event that does not allow the proper execution of orders.
17. Company identification
“COMPANY D'EXPLOITATION TARRERIAS-BONJEAN” - Simplified joint stock company with capital of 3,240,000 euros, whose head office is located at ZAC de Pommier Chansonniere - 63650 La Monnerie de Montel, Registered in the trade and companies register of THIERS 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. Completeness
These general conditions and the related sections (security, payment, delivery, guarantee) represent the entire rights and obligations of the parties concerning orders of Products on the Internet. No general or specific conditions communicated by the customer can be integrated into these general conditions of sale.
19. Intellectual Property
All elements present on the site www.tb-outdoor.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, redistribute or use for any reason whatsoever, even partially, elements of the site.
20. Marking and personalization of blades
The “company” reserves the right to refuse blade customizations. The company verifies all blade marking requests. Thus, personalizations that conflict with the ethics of the brand, incite hatred, or present hateful, racist, homophobic, anti-Semitic remarks, etc. may be refused.