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Legal information
Company owner of the Site
Predimark
9 Way of Rebel
31180 Castelmaurou
Tel: 09.52.99.75.91
Mail: [email protected]
Accommodation
The accommodation of the site is realized by the company Profileo.
Profileo Group
Seat : Chemin Petit Cabri - Le Tholonet - 13100 Aix-en-Provence
Siren: 481998730
Copyright
In accordance with the French Code of Intellectual Property and, more generally, international treaties and agreements containing provisions relating to the protection of copyright, you will prohibit yourself from reproducing for a non-private use, but also from selling, distributing, broadcasting, adapting, modifying, publishing, communicating in whole or in part, in any form, the data, presentation or organization of the site without our prior written permission.
French legislation on the right of access to the computerised file
In accordance with the French law N· 78-17 of 6 January 1978 on computer science, files and freedoms (CNIL), any user who has deposited directly or indirectly nominative information on this site may request the communication of the nominative information concerning him by contacting us and have them corrected if necessary.
Disclaimer
While we have made all the steps to ensure the reliability of the information contained on this website, We cannot incur any liability for errors, omissions, or results that could be obtained through the use of this information.
We can only be bound by an obligation of means concerning the information it makes available to persons who access its website.
Furthermore, the use of hyperlinks can lead your visit to our site to other servers, on which we have no control.
Access to the website
Access to the Site is possible 24 hours a day, 7 days a week, except in case of force majeure or an event outside the control of our control and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the Site and related equipment.
Access to the service is from a microcomputer connected to a telecommunications network allowing access to the Site according to the communication protocols used on the Internet network.
Last update : 22/01/2018
GENERAL CONDITIONS
These general terms and conditions shall be deemed to have been accepted in their entirety, without reservation, by the buyer at the time the latter validates his order, as well as the special conditions contained in the offers and quotations of the seller "Tea Barista".
The seller and the buyer agree that these general terms and conditions shall cancel, make unenforceable, and replace any other contractual terms, including the buyer, unless the seller expressly and in writing agrees. They thus exclusively govern their relationship.
The seller reserves the right to modify, without notice, the said general conditions which are applicable as soon as they are posted online. However, only the general conditions in force at the time the order is validated by the buyer are enforceable against him.
If a condition of sale were to be lacking, it would be considered to be governed by the existing practices in the distance selling sector of which the companies are based in France.
Article 1 – Purpose
1.1The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the online sale of the goods, materials and services offered by the seller to the buyer on this site ( Brasero Artisan ).
1.2 The buyer defines himself as a food, catering, bar or hotel professionalAlso, by its order, the buyer recognizes that he has full legal capacity to engage inquality of professional within the meaning of the introductory article of the Consumer CodeUnder these terms and conditions of sale.
The buyer expressly acknowledges, and in any event, that the subject matter of the contract falls within the scope of its main activity.
1.3Products financed by a financial lease are governed by separate and specific contracts and these terms and conditions are not applicable.
Article 2 – User account and Order
2.1The buyer, after creating a user account, sends the seller his order, essentially online, from the online catalogue and using the form on the website.
2.2For the purpose of creating a user account, the buyer must provide all the mandatory information requested. The seller reserves the right to prevent the use of the user account, in the event that he discovers that the buyer provides incomplete, inaccurate or non-compliant information.
The buyer declares and certifies that he undertakes to use the user account in his professional capacity and in the course of his main business. In the event of a false declaration, the buyer is solely responsible for the consequences that may ensue (penals, taxes, etc.) and undertakes to guarantee the seller all the consequences that the seller might suffer as a result.
The buyer is solely responsible for his or her username and password and for any fraudulent use thereof. It is up to the buyer to make every effort to preserve the security of his account and to notify the seller without delay if he liked that it was compromised.
2.3The order is validated by the buyer, after the buyer has been able to visualize the details of the latter and in particular its total price and has had the opportunity to correct any errors, and once all the information required on the site has been completed and/or confirmed and/or validated by the buyer, including the address, the method of delivery, payment, and acceptance of these general conditions. All orders are valid for acceptance of prices and descriptions of products available for sale.
2.4When the order is so confirmed by the buyer or ; where, exceptionally, it has passed through any other means (fax, e-mail, telephone, in particular following the establishment of a quotation), the purchaser then expressly acknowledging that he has read, confirmed and/or validated the required particulars, including the address, method of delivery, payment, and acceptance of these general conditionsthe order is considered firm and definitive.
Any dispute on this point will arise in the context of a possible exchange and guarantees mentioned below.
2.5In some cases, in particular during the waiting period or in the event of total or partial default of payment (e.g. in the case of payment by cheque or bank transfer), erroneous address or other problem in the account of the financial institution of the buyer, the seller reserves the right to block the execution of the order until the problem is resolved.
In the absence of resolution, within a reasonable time, the seller is entitled not to honour the order. The seller is also entitled to refuse to execute the buyer's order, in particular if it is abnormal or suspicious (in terms of quantity, for example), in case of manifest price error, in case of failure of the buyer to fulfil his obligations, in case of insufficient information enabling the seller to fulfil the order. In all these circumstances (of this paragraph), the seller cannot be held liable.
2.6In case of unavailability of a product ordered, the buyer will be informed of this at the earliest by e-mail. The buyer will then have the choice to request either the refund of the product, or to request an exchange (by choosing another available product) or, with the agreement of the seller, to possibly wait for the product to be available again, within the foreseeable and purely indicative period, given by the seller. If, at the end of this period, the product in question is still not available, the same choice shall be open to the buyer, who may in no case seek redress from the seller.
The cancellation of the order for this product and its possible refund, by cheque or by transfer within 15 (five) days of the validation of the order, will then be carried out in the event that the buyer requests it; the rest of the order remains firm and final.
2.7For any question concerning the follow-up of an order, the buyer can call 09 74 35 04 34 (Monday to Friday from 9am to 12.30pm and from 2pm to 6pm (cost of a local call), or can send an e-mail to:
Article 3 – Order confirmation
3Contractual information shall be confirmed by e-mail at the latest at the time of delivery or, failing that, at the address indicated by the buyer in the order form.
Article 4 – Proof of transaction
4Computerised records, kept in the seller's computer systems under reasonable security conditions, will be considered evidence of communications, 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 evidence.
Article 5 – Product information
5.1 Product characteristics
5.1.1The products governed by these Terms and Conditions are those on the seller's website and are indicated as sold and shipped by the seller. They are available within the limits of available stocks. The seller cannot be held liable by the buyer in the event of unavailability of the product.
5.1.2The products are described and presented as accurately as possible. However, if errors or omissions have occurred with respect to this presentation, the seller could not be held liable.
5.1.3The photographs of the products are not contractual.
5.1.4In addition, it is up to the buyer, prior to the validation of his order, to inform the seller of the particular quality or use of the product he would like. It is up to the purchaser to read carefully the product description and its technical characteristics and detailed conditions of use on the site and to verify that the product he wishes to order meets his needs and expectations.
5.1.5In no case shall the seller's liability be incurred by the buyer when the buyer has ordered a product which does not meet the seller's needs and expectations, which the seller would not have known of.
The buyer's attention is, for example, drawn to the fact that if certain products are described as intended for non-intensive common use, the buyer cannot blame the seller for any non-conformity or claim the benefit of a guarantee, provided that the seller has nevertheless purchased it for professional use.
5.2 Compliance of products with the regulations applicable in France
5.2.1The products proposed by the seller comply with the regulations applicable in metropolitan France. It is up to the purchaser who would use, or export, those products purchased from the seller to verify the compatibility and conformity of the products with the legislation of the country of destination.
5.2.2The seller's liability cannot be incurred by the buyer, or any third party, in the event of the use, or exportation of products not compatible or not in conformity with any legislation not applicable in France, which the buyer expressly acknowledges and accepts.
5.3 Waste Treatment of Electrical and Electronic Equipment (WEEE) and Furnishings Waste (DEA)
5.3.1In order to finance the collection and recycling of waste electrical and electronic equipment (WEEE) and waste furniture (DEA), the seller, in his capacity as distributor, is obliged to collect eco-participation from purchasers and transfer it to various state-approved eco-organisations.
The amount of eco-participation is indicated on the website, on the product sheet of the items covered by this obligation and on the invoice.
5.3.2It is stated that the seller does not ensure the takeover of the electrical and electronic equipment of the purchasers only for the purchasers who use the products purchased for their professional activity (as opposed to the purchasers having the status of reseller of the purchased products). The seller informs the buyer having the status of reseller of the purchased products that any consumer may enjoy a free right to take over his used electrical and electronic equipment, in accordance with articles L. 541-10-2 and R. 543-180 of the Environmental Code. It is therefore up to the buyer to inform his own customers of the cost of waste disposal under the conditions laid down in the applicable regulation and to ensure that used equipment is taken over from consumers who request it.
Article 6 – Prices
6.1Due to variations in the prices of its suppliers, the seller reserves the right to change its prices at any time, but undertakes to apply the rates in force indicated at the time of the validation of the order, subject to the availability of the products ordered on that date. It is therefore up to the buyer to consult on the website the prices in force prior to any order being placed.
In no case may the buyer invoke any right against the seller for the purpose of benefiting from a price previously or subsequently offered by the seller on the website
6.2The prices of the products are shown in euros. They do not take into account the shipping costs, invoiced in addition, and indicated before the validation of the order. Prices are also expressed excluding VAT (applicable on the day of order). The price of the products therefore means in euros (including ecotax), excluding VAT (of 20% ; any change in the applicable VAT rate will be automatically passed on) and excluding delivery costs which are charged, in addition, to the order.
6.3If one or more taxes or contributions, including environmental taxes, are created or modified, up or down, this change may be reflected in the selling price of the products.
Article 7 – Payment
7.1This is an order with payment obligation, which means that placing the order involves a buyer's settlementInvoices are therefore payable in cash, at the time of placing the order, before shipment of the products.
7.2At no time shall the sums paid be regarded as deposit or advance payments. No advance or cash discount is granted. However, the seller may grant payment periods to the buyer by express and written agreement between the parties.
7.3 The settlement is deemed to be made at the time the funds are actually available to the seller on his bank account.
7.4Payment is made by credit card (VISA, MASTER CARD, CB), bank transfer, Paypal, or cheque.
The seller may, in order to ensure that a person does not use the bank details of another person without his knowledge, request the buyer to send him, inter alia, a copy of an identity document, together with a proof of domicile and Kbis extract. The order will then be validated only after receipt and verification by the seller of the parts sent.
7.5In the event of fraudulent use of the bank details, the buyer is invited, immediately upon finding this use, to contact his bank, the judicial authorities, and any other competent person as well as to inform the seller of this fraudulent use on 09 74 35 04 34 (Monday to Friday from 9am to 12.30pm and from 2pm to 6pm (cost of a local call) and, to send an e-mail to:
7.6 In case of payment by credit card, or by Paypal:
7.6.1The buyer may be required to provide the sixteen digits and the expiry date of his credit card and, if applicable, the numbers of the visual cryptogram. The secure payment service used by this site incorporates the SSL security standard, so that bank details attached to the card remain confidential, including for the seller.
7.6.2By providing information about his credit card, the buyer allows the seller to debit his credit card the amount corresponding to the price. To this end, the buyer confirms that he is the holder of the credit card to be debited and that he is entitled to use the credit card.
7.6.3The on-line supply of the buyer's bank details and the order addressed by the buyer shall be deemed proof of the buyer's agreement in accordance with the provisions of the Act of 13 March 2000 and shall be deemed liable for the sums due in respect of the order placed, and signature and express acceptance of all transactions carried out.
7.6.4The transaction is immediately debited to the buyer's credit card after verification of the buyer's data, upon receipt of the debit authorization from the company issuing the credit card used by the buyer.
7.6.5In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
7.6.6In the event that the price could not be debited, the sale would be immediately terminated automatically and the order cancelled.
7.7 In the event of payment by cheque(s) or bank transfer(s):
It is recalled that the order will only be dispatched after verification of the perfect cashing of the cheque or cheques, or receipt of the bank transfer(s); and that the funds are at the seller's actual disposal on his account.
7.8 Reservation of title clause, regardless of the method of payment provided for:
If by extraordinary, or by express and written agreement between the parties, regardless of the method of payment provided for, the order was to be sent to the buyer, before the actual disposal of the funds, corresponding to the entire claim due to the seller, to the bank account of the seller, it is expressly agreed that the seller reserves full ownership of the goods delivered until full payment of the principal price of the goods, interest and any incidental costs. The implementation of this retention-of-title clause is detailed below.
7.9Any amount not paid at the due date appearing on the invoice (or on any other contractual document between the parties), regardless of the method of payment provided for, shall automatically, in addition to the chargeability of any remaining sums due; from the day following the settlement date on the invoice (or on any other contractual document between the parties), apply penalties for delay. They are calculated on the amount of the outstanding amounts, including the amount of the outstanding amounts: by applying a rate equal to three times the legal interest rate.
To the payment of these sums, an allowance for recovery costs of EUR 40 is automatically added.
Where the recovery costs incurred exceed the amount of the lump sum award, the seller may claim additional compensation on evidence.
7.1In any event, the payments received are charged on the oldest deliveries (or services) made to the buyer.
7.11In addition, the seller will also be able to notify the resolution of the relevant sales contracts, and the buyer will then have to return the unpaid goods, the subject matter of a retention-of-title clause (above), which would have already been delivered at his own expense and risk.
The seller may also claim compensation for the damage suffered.
It is recalled that the seller will also be entitled to refuse any new order or suspend the execution of the current orders until the payment of the full amount due or until the buyer establishes a payment guarantee for the seller.
7.12Compensation will automatically be paid between the amounts owed by the buyer to the seller and those due by the seller to the buyer and in the manner provided for in Article L 442-6, I, 8° of the Commercial Code. The buyer therefore expressly agrees that such compensation under the sales contract(s) between the buyer and the seller should be automatic and immediate.
Article 8 – Implementation of the retention-of-title clause
8.1The seller retains ownership of the products delivered until full payment of the price and any late payment or lump sum payments, and other amounts and expenses in addition thereto.
8.2The buyer shall at any time permit the identification and claim of the goods delivered. It prohibits making the products in question immovable by destination (notably by fixing them irremediably).
By express agreement, goods in stock at the buyer are deemed to be those whose invoices are not fully paid.
8.3The buyer undertakes, where appropriate, to assign to the seller the debt held against its sub-buyers, up to the amount outstanding. The buyer is also obliged to inform the seller immediately of any seizure, for the benefit of a third party, of the products delivered and the property of which is reserved for the seller.
In addition, the buyer shall prohibit the pledge or transfer as security of ownership of the goods.
8.4In the event of total or partial non-payment of any of the agreed deadlines, and fifteen (15) days after the first submission of a notice by registered letter, which remains, in whole or in part, unsuccessful, the seller reserves the right to pursue the enforced execution of the sale or the resolution of the sale.
In the latter case, the product will have to be made available immediately to the seller, unless the seller requires, by any means (recommended letter, fax, press order, contradictory inventory, etc.), the return of the products to the risks, perils and costs of the buyer.
Any sums already paid by the buyer will remain acquired as damages, without prejudice to the seller, to claim additional damages.
8.5This retention-of-title clause shall not preclude the transfer to the purchaser of the risk of loss and deterioration of the products sold.
Article 9 – Delivery
9.1 Delivery times
9.1.1The buyer chooses one of the methods of delivery offered on the site at the time of placing the order, or if necessary, validates it in view of the terms and time of shipment communicated by quotation (in particular in case of shipment outside metropolitan France).
9.1.2The products ordered are delivered, in principle, after full payment of the sums due by the buyer to the seller.
9.1.3Except in the event of force majeure or during the periods of closure clearly announced on the home page of the site, the shipping times are, within the limits of the stocks available, those indicated on the site, in particular on the "delivery" page which appears before confirmation of the order.
9.1.4These time limits, which in principle vary from two (2) to eight (8) working days (if the product is available), for delivery in metropolitan France are given in good faith, and for information only.
9.2 Delay in delivery
9.2.1In case of delay, the seller cannot be held liable for any reason whatsoever. Therefore, the complaint of a delay raised by the buyer cannot result in any penalty or compensation to the seller.
9.2.2In case of late delivery, the order is not automatically cancelled.
If, after a period of fifteen (15) working days (for a delivery in metropolitan France) from the day following the day on which the settlement is made (the funds are at the seller's actual disposal), the shipment of the product has not yet taken place, the seller informs the buyer (by all means and in particular by e-mail) that the delivery will take place with delay. The seller must indicate whether the expected delay will be more than or less than seven (7) working days beyond the date recalled above (or the agreed delivery date, including delivery outside metropolitan France).
If the delay is greater than seven (7) working days, the buyer will then be able to decide to cancel his order and will send an order cancellation notice to the seller by e-mail. The e-mail should be sent within 48 hours of receipt of the seller's e-mail indicating the expected delay. After this period, the order will be considered confirmed.
In the event that the order has not yet been dispatched upon receipt by the seller of the buyer's notice of cancellation, the delivery shall be blocked and the latter shall be reimbursed for any sums debited within fifteen (15) days of receipt of the notice of cancellation.
In the event that the order has already been shipped upon receipt by the seller of the buyer's notice of cancellation, the buyer may still cancel the order by refusing the parcel (according to the terms described below). The seller will then refund the sums debited and the return costs paid by the buyer within fifteen (15) days of receipt of the return of the complete rejected package and in its original condition.
9.3 Delivery modalities and risk transfer
9.3.1Notwithstanding the application of the retention-of-title clause, the transfer of risk occurs at the place and at the time agreed in the order, at the time of the first presentation of the carrier in the premises indicated by the buyer.
9.3.2The unloading of the Products shall in any event be carried out under the sole responsibility of the purchaser. All operations of unloading of the products must be carried out on covered docks and at street level, unless otherwise expressly provided by the parties.
9.3.3The products are delivered to the address indicated by the buyer on the purchase order, the buyer will have to ensure its accuracy. Any parcel returned to the seller because of an incorrect or incomplete delivery address will be sent back at the buyer's expense. The buyer may, upon request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for that purpose on the order form.
9.3.4If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the parcel to be removed at the place and for the time indicated.
9.3.5If the buyer proceeds directly to the removal of the product within the seller's premises, the transfer of the seller's risks to the buyer shall take place as soon as the seller has made the product available to the buyer, in a space accessible to him.
All transport, loading and unloading operations are carried out at the risk, at the expense and under the supervision of the purchaser.
In the absence of any reservation made by the buyer to the knowledge of the seller at the time of the removal of the product, the latter is deemed to be in perfect condition, without any anomaly, and in conformity with the order.
9.4 Reservations to carriers
9.4.1In case of damage, delay, missing, it is up to the purchaser to record the protests and reservations with the carrier, on the receipt document which he must necessarily date, sign, and have contradicted by the carrier or his attendant, driver. Thus, if at the time of delivery, especially the original packaging is damaged, torn, opened, the buyer must check the condition of the items with the utmost care.
If they have been damaged, the buyer must refuse the parcel and note a handwritten reservation specifying the anomaly noted, on the delivery slip (e.g.: package refused because opened or damaged) which he signs and makes countersign.
The buyer's attention is also drawn to the fact that he must confirm by registered letter with notice of receipt, within three (3) days, not including holidays, which follow that of receipt, in accordance with the provisions of article L133-3 of the Commercial Code, his protests and reasoned reservations to the carrier (and 48 hours after delivery in case of international carriage).
9.4.2The buyer undertakes, in addition, toinform the seller without delay and no later than 48 hours from the time of delivery, by any written means (but against proof of receipt: notice of receipt of registered letter, fax, e-mail ...) a copy of this mail to the address indicated in the legal notices of the site.
9.4.3 Compliance with this formalism is necessary to engage the liability of the transport provider in the event of damage or partial loss, as well as, where appropriate, the liability of the manufacturer and/or supplier (in the light of their own General Conditions). Otherwise, the buyer will have to bear the exclusive burden of the possible consequences of this non-compliance.
9.4.4The verification of the package shall be deemed to be carried out when the buyer, or the person receiving the package, then deemed to be acting on behalf and in the interest of the buyer, and/or authorized by him, has signed the delivery note.
Article 10 – Receipt and conformity of products
10.1The seller undertakes to deliver a product in accordance with the order addressed by the buyer. It is recalled that the latter is solely responsible for the suitability of this product to its needs and expectations and for the use to which the buyer intends the product.
10.2Without prejudice to the reservations to be made by the buyer to the carrier (see above), any claim relating to an error of delivery and/or conformity of the product (in kind, in quality or in quantity in relation to the order) shall be brought to the attention of the seller, subject to inadmissibility, in writing, as soon as possible and no later than three (3) calendar days after receipt of the product by the buyer.
10.3The complaint may be made, at the option of the buyer, by any written means (but against proof of receipt: notice of receipt of registered letter, fax, e-mail, etc.) at the following coordinates, for reminder: 09 74 35 04 34 (Monday to Friday from 9am to 12.30pm and from 2pm to 6pm (cost of a local call) and, to send an e-mail to: [email protected]
10.4To be valid, this claim must state the references and dates of the order and delivery documents.
10.5It is up to the buyer to provide any justification as to the reality of the non-conformities found. The buyer shall, where appropriate, reserve to the seller any facility to identify the product(s) concerned and to establish the alleged facts, including the right to make any finding, verification or examination directly or through any intermediary at the buyer's premises.
10.6The return of non-compliant products shall be authorised and accepted only after prior written agreement of the seller. No unjustified return may be required by the buyer. The product must be returned to the seller by the buyer, without any modification, as a whole and in its original condition (package, accessories, notice, etc.), within fifteen (15) calendar days from the seller's recognition of the non-compliance and, at the address indicated by the seller.
10.7Return costs are borne by the seller.
10.8The seller's liability is strictly limited to the replacement of the non-compliant product or its refund, at its billing price, excluding any damages.
10.9Any claim not made in accordance with the rules laid down in these Articles, in the conditions and within the time limits laid down, shall not be taken into account. The product delivered will be deemed compliant. The seller will be relieved of any liability to the buyer.
10.1In accordance with article L 442-6 of the Code of Commerce, any unjustified refusal by the buyer to receive all or part of the goods or to return them will give rise to the invoicing of the transport costs, other costs incurred and the award of any damages to the seller.
Article 11 – Legal guarantee of hidden defects and liability for defective products
11.1In the event of a subsequent defect, hidden at the time of sale, rendering the product unfit for its normal purpose, the buyer is required to justify and notify the seller, the existence of the seller within thirty (30) calendar days of its discovery. This notification must include all references allowing the seller to identify the order and delivery of the product.
11.2The buyer shall, where appropriate, reserve to the seller any facility to identify the product(s) concerned and to establish the alleged facts, including the right to make any finding, verification or examination directly or through any intermediary at the buyer's premises.
11.3Where the defect rendering the product unfit for its destination has been established by the buyer and recognised by the seller, the seller undertakes either to return the sale price of the product in return for the refund of the product by the buyer, or to replace it, or to repair it (parts, labour and transport) at the exclusive costs of the seller, excluding any damages.
11.4In addition, the seller may recall a product. The withdrawal/recall procedure will take place in cooperation between the seller and the buyer who undertakes, if necessary, to take any necessary steps with its own customers or third parties.
Article 12 – Vendor Responsibility & Commercial Product Guarantee
12.1 Limited seller liability conditions:
12.1.1. The purchaser is required to read carefully the technical specifications of the products supplied by the manufacturer and/or supplier and to comply strictly with the prescribed conditions of use. The buyer will be solely responsible for the consequences of non-compliance with the conditions of installation, use, storage and/or environment of the product.
The seller's liability cannot in any way be incurred by the buyer in any way in the event of non-compliance with these obligations, which the buyer expressly acknowledges and accepts.
12.1.2. Under no circumstances shall the seller be liable for non-compliance of the products with the standards and regulations which would come into force after delivery or in the event of deterioration or damage affecting the products not attributable to the seller.
12.1.3. The seller's liability can only be validly incurred if the buyer proves the existence of fault attributable to the seller, injury and a direct causal link between the fault and injury.
In any event, the seller's liability will be strictly limited to direct, certain and foreseeable injury, excluding any other damage (indirect ...) and in any event will be limited to the amount received by the seller in respect of the order placed by the buyer.
12.2 Commercial Product Guarantee
12.2.1The buyer enjoys a commercial guarantee offered by the seller against any defect in the manufacture of new products sold on this site which applies only in metropolitan France, including Corsica (DOM TOM, European countries and other continents are excluded from the guarantee)
12.2.2A time-limited warranty applies to the equipment and construction of all BRASERO ARTISAN cooking units for original buyers or owners
Cooking plate 5 years
Steel tank 2 years
Corten steel base 5 years
Black lacquered steel elements 2 years
Wooden work plans 2 years
The warranty applies under the following conditions:
- The buyer must inform in writing, and as soon as possible, the seller, who will remind him of the procedure for intervention and, if necessary, return of the product to the address of "SAS Brasero Artisan 1 rue Romy Schneider, 49000 Ecouflant, France.
- Any defective parts must be returned to "SAS Brasero Artisan» for expertise before a possible warranty. The defective parts will be shipped in paid port to the shipper.
12.2.8As part of the commercial product guarantee, no replacement machine can be put on loan during the repair period.
12.2.9In no case shall the seller be held liable for any other damage, such as loss of income, loss of customers, loss of goods or other loss, which would be caused by the defective product or any other cause.
12.2.10In addition, the manufacturer and/or supplier of the product sold may offer a special after-sales service and/or trade guarantees relating to the product. The seller shall be at the disposal of the buyer to inform him, as such, of the arrangements for taking over the product and the conditions may vary from one manufacturer or supplier to another.
Article 13 – Absence of right of withdrawal
13In order to exercise its right of withdrawal, the consumer must, according to Article L221-21 of the Consumer Code, send to the seller the standard form provided with the contract, before the expiry of the fourteen-day period. He may also send any other writing expressing his will to retract
Article 14 – Major Force
14.1Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, shall be considered as causes of exemption from the obligations of the parties and shall result in their suspension.
14.2The party invoking the above circumstances shall immediately notify the other party of their occurrence and of their disappearance.
14.3A case of force majeure includes any event beyond the control of the seller (or supplier) which could not reasonably be expected at the time of the conclusion of the contract and whose effects cannot be avoided by appropriate measures and which prevents the performance of the obligation of the seller (or provider).
14.4The parties will come closer to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure has a duration of more than three (3) months, each of the parties will be able to terminate the order suspended, without any compensation, provided that they notify this termination by any written means (but against proof of receipt: notice of receipt of registered letter, fax, e-mail...).
Article 15 – Partial non-validation of a stipulation
15If one or more provisions of these General Conditions are held invalid or declared to be invalid by law, regulation or by a final decision of a competent court, the other provisions shall remain in full force and scope.
Article 16 – Non-renunciation of right
16The failure of one of the parties to avail itself of a breach by the other party of any of the obligations referred to in these terms and conditions cannot be interpreted in the future as a waiver of the obligation in question.
Article 17 – Title
17In case of difficulty in interpreting any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 18 – Miscellaneous Stipulations
18.1The buyer acknowledges that the purchase of the products on the site does not lead to any transfer or concession of any intellectual property rights.
18.2The parties recognise that the information exchanged between them is confidential. At any time, one of the parties may request that confidential information held by the other be returned or destroyed within seven (7) working days.
18.3However, it is recalled that the seller may transmit all or part of this information to suppliers, suppliers, manufacturers for the purpose of processing orders and warranties.
Article 19 – Applicable law & Time limit for action & Jurisdiction
19.1The contract concluded between the parties and these general conditions is subject to the application of French law.
19.2The parties undertake to seek an amicable solution to any dispute arising from the interpretation or performance of the contract.
19.3The Parties expressly agree that, by way of derogation from the applicable legal provisions, any dispute between them shall be prescribed within one (1) year of its operative act.
19.4 THE PARTIES, DECLARING TRADE, RECOGNISES THAT ONLY THE DANGERAL TRADE TRIBUNAL (49) IS COMPETENT FOR
KNOWLEDGE OF ALL TRAINING LITIGES,
INTERPRETATION, EXECUTION, RESOLUTION/RESILIATION OF
PRESENT GENERAL CONDITIONS AND/ OR A CONTRACT
AND/OR ACCESSORY AND/OR RELATED AND/OR LIABILITIES (CONTRACTUAL AND/OR TORT) WHICH MAY BE SOUGHT IN THIS FRAMEWORK OR ARISING THEREFROM.