Société propriétaire du Site
SARL Tea Barista / Brasero Artisan
19 rue Denis Papin
ZA de la Vilnière
49070 Saint Lambert de la Potherie
Tel : 09.52.99.75.91
Mail : email@example.com
The Management, Maintenance and Monitoring of the hosting are conducted by the company Studioplune. The hosting of the site is realized by the company OVH.
Address: 140, quai du Sartel - 59100 ROUBAIX| FRANCE
Phone: 0 899 701 761 - Fax : 03 20 20 09 58
According to the French Code of Intellectual Property and international treaties and agreements on copyright protection, you may not reproduce for any other use than private, nor sell, distribute, diffuse, adapt, modify, publish, or communicate, in whole or in part, in any form whatever, the data, the layout, or the organization of the site without our prior written authorization.
French legislation related to the access rights to the automated file
In compliance with the French law N- 78-17 of January 6, 1978 on IT, files and freedoms (CNIL), any user who has submitted directly or indirectly nominative information to this site may request the communication of nominative information concerning him/her by contacting us and rectify it if necessary.
Release of responsibility
While we have made every effort to ensure the reliability of the information contained in this website, we cannot be responsible for any errors, omissions, or for the results that might be expected from the use of such information.
We can only be responsible for an obligation of means concerning the information that it makes available to people who enter its website.
Furthermore, the use of hypertext links may lead your visit to our site to other servers, servers over 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 beyond our control and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site and related materials.
Access to the service is made from a microcomputer connected to a telecommunication network allowing access to the Site according to the communication protocols used on the Internet network.
Last update : 22/01/2018
The following general conditions are deemed to have been accepted in their entirety, without reservation, by the buyer when he confirms his order, as well as the particular conditions included in the offers and quotes of the seller "Tea Barista".
The seller and the buyer agree that the current general conditions cancel, make impossible to enforce, and replace all other contractual stipulations, in particular of the buyer, except express and written agreement of the seller. They regulate their relationship exclusively.
The seller reserves the right to modify, without prior notice, the aforesaid conditions which are applicable as soon as they are published online. Nevertheless, only the general conditions in force at the time the order is approved by the buyer are applicable.
If a condition of sale is missing, it will be considered to be ruled by the practices in force in the remote sales sector whose companies have their headquarters in France.
Article 1 - Purpose
1.1 The purpose of these terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods, materials and services offered by the seller to the buyer on this website ("Brasero Artisan").
1.2 The buyer is defined as a professional in the food, restaurant, bar or hotel industry ... Also, by his order, the buyer acknowledges having full legal capacity to engage as a professional within the meaning of the preliminary article of the Consumer Code under these general conditions of sale.
The buyer expressly acknowledges, and in any case that the subject of the contract falls within the scope of his main activity.
1.3 Products acquired by means of financial leasing are governed by separate and distinct contracts and these general terms and conditions do not apply to them.
Article 2 - User account and Order
2.1 After creating a user account, the buyer sends the seller his order, essentially online, from the online catalog and using the form on the site.
2.2 In order to create a user account, the buyer must provide all mandatory information requested. The seller reserves the right to prevent the buyer from using the user account if it is discovered that the buyer has provided incomplete, incorrect or non-conforming information.
The buyer declares and certifies that he/she undertakes to use the user account in his/her capacity as a professional and within the framework of his/her main activity. In case of false declaration, the buyer is solely responsible for any consequences that may arise (criminal, tax, etc.) and undertakes to guarantee the seller of all consequences that the seller may suffer as a result.
The buyer is solely responsible for his login and password and any illegal use of the latter. It is up to the buyer to do everything possible to preserve the security of his account and to warn the seller without delay if he feels that it has been compromised.
2.3 The order is approved after the buyer has been able to view the details of the order and in particular its total price, as well as correct any errors, and once all the required information on the site has been completed and/or confirmed and/or approved by the buyer, in particular the address, the delivery method, the payment method, and the acceptance of these general conditions. Any order implies acceptance of the prices and descriptions of the products available for sale.
2.4 When the order is confirmed by the buyer or, exceptionally, when it is placed by any other means (fax, e-mail, telephone, particularly following the establishment of a quote), the buyer expressly acknowledges having read, confirmed and/or validated the required information, particularly the address, the method of delivery and payment, and the acceptance of these terms and conditions; the order is considered firm and final.
Any dispute on this point will intervene within the framework of a possible exchange and the guarantees mentioned below.
2.5 In certain 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), incorrect address or other problem on the account of the buyer's financial institution, the seller reserves the right to block the execution of the order until the problem is resolved.
If the problem is not resolved within a certain period of time, the seller has the right to refuse to fulfill 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 the event of an obvious price error, in the event of the buyer's failure to meet his obligations, or in the event of insufficient information enabling the seller to honor the said order. In all these hypotheses (of this paragraph), the salesman cannot see his responsibility engaged.
2.6 In case of unavailability of an ordered product, the buyer will be informed as soon as possible by e-mail. The buyer will then have the choice of requesting either a refund of the product, or requesting an exchange (by choosing another available product) or, with the agreement of the seller, possibly waiting for the product to become 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 is open to the purchaser, who may not, under any circumstances, request compensation from the seller for this fact.
The cancellation of the order of this product and its possible refunding, by check or transfer in the 15 (fifteen) days as from the validation of the order, will then be carried out in the assumption that the purchaser would make the request; the remainder of the order remaining firm and definitive.
2.7 For any question relating to the follow-up of an order, the purchaser can call 09 74 35 04 34 (from Monday to Friday from 9 am to 12:30 pm and from 2 pm to 6 pm (cost of a local call), or can address an e-mail to :
Article 3 - Order Confirmation
3. The contractual information is confirmed by e-mail no later than the time of delivery or, failing that, at the address indicated by the buyer in the order form.
Article 4 - Proof of the transaction
4. The digital records, kept in the computer systems of the seller in safe and reasonable conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as evidence.
Article 5 – Products’ information
5.1 Characteristics of the products
5.1.1 The products governed by the present terms and conditions are those that appear on the seller's website and that are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The responsibility of the salesman could not be committed by the purchaser in the event of unavailability of the product.
5.1.2 The products are described and presented with the greatest possible accuracy. However if errors or omissions could occur as for this presentation, the responsibility of the salesman could not be committed.
5.1.3 The photographs of the products are not contractual.
5.1.4 It is moreover up to the purchaser, before the validation of his order, possibly to make share with the salesman, of the quality or the particular use of the product which it would wish. It is up to the buyer to read carefully the description of the product and its technical characteristics and its conditions of use detailed on the site and to check that the product he wishes to order corresponds to his needs and expectations.
5.1.5 In no case, the responsibility of the salesman could not be committed by the purchaser when this last will have ordered a product which would not correspond to its needs and waitings of which the salesman would not have had knowledge.
The buyer's attention is, for example, drawn to the fact that if certain products are described as being intended for everyday, non-intensive use, the buyer cannot reproach the seller for any non-conformity or invoke the benefit of a guarantee when the latter has nevertheless purchased the product for professional use.
5.2 Compliance of the products with the regulations applicable in France
5.2.1 The products offered by the seller comply with the regulations applicable in metropolitan France. It is up to the buyer who would use or export these products purchased from the seller to check the compatibility and compliance of the products with the legislation of the destination country.
5.2.2 The responsibility of the salesman could not be committed by the purchaser, or any third party, in the event of use, or of export of products not compatible or not in conformity with any legislation not applicable in France, what the purchaser recognizes and accepts expressly.
5.3 Treatment of Waste Electrical and Electronic Equipment (WEEE) and Waste Furniture Items (WFE)
5.3.1 In order to finance the collection and recycling of waste electrical and electronic equipment (WEEE) and waste furniture elements (WFE), the seller, in its capacity as distributor, is responsible for collecting an eco-participation from buyers and transferring it to various eco-organizations approved by the State.
The amount of the eco-participation is indicated on the site, on the product sheet of the articles concerned by this obligation and on the invoice.
5.3.2 It is specified that the salesman does not ensure the resumption of the electric and electronic equipment of the purchasers that for the purchasers who use the bought products for their professional activity, (by opposition to the purchasers having the quality of retailer of the bought products). The seller informs the buyer who is a reseller of the purchased products that any consumer can benefit from a right to take back used electrical and electronic equipment free of charge, 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 provided for in the applicable regulations and to ensure the return of used equipment to consumers who request it.
Article 6 - Price
6.1 Due to the price variation of its suppliers, the seller has the right to modify its prices at any time, but agrees to apply the current prices indicated at the time of the validation of the order, depending on the availability of the ordered products at this date. It is therefore the responsibility of the buyer to consult the prices on the website prior to any order placement.
In any case, the buyer cannot invoke any right against the seller in order to benefit from a price previously or subsequently proposed by the seller on the site.
6.2 The prices of the products are indicated in euro. They do not take into account the delivery costs, charged in addition, and indicated before the validation of the order. The prices are also expressed without VAT (applicable on the day of the order). The prices of the products are therefore in euro (including ecotax), excluding VAT (20%; any change in the applicable VAT rate will be automatically reflected) and excluding delivery costs which are invoiced in addition to the order.
6.3 If one or more taxes or contributions, in particular environmental, were to be created or modified, in rise as in fall, this change could be reflected on the selling price of the products.
Article 7 - Payment
7.1 It is an order with obligation of payment, which means that the ordering implies a payment of the buyer. The invoices are thus paid with cash, at the time of the order, before forwarding of the products.
7.2 At no time, the sums paid can be considered as deposits or down payments. No discount for early payment or for cash payment is allowed. Nevertheless, the seller may allow the buyer to pay within a certain period of time by express written agreement between the parties.
7.3 Payment shall be considered to have been made when the funds are effectively available to the seller in his bank account.
7.4 Payment is made by credit card (VISA, MASTER CARD, DEBIT CARD), bank transfer, Paypal, or check.
The seller may, in order to ensure that a person does not use the bank details of another person without his knowledge, ask the buyer to send him a copy of an identity document, as well as a proof of address and a Kbis extract. The order will then be validated only after reception and verification by the salesman of the sent documents.
7.5 In the event of any misuse of bank details, the purchaser is encouraged, as soon as this misuse is noted, to contact his bank, the legal authorities, and any other competent person, as well as to inform the seller of this misuse 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 PayPal:
7.6.1 The buyer may be asked to communicate the sixteen figures and the expiry date of his bank card as well as, if necessary, the numbers of the visual cryptogram. The secure payment service used by this site integrates the SSL security standard, so that the bank details attached to the card remain confidential, including for the seller.
7.6.2 By communicating his credit card information, the buyer authorizes the seller to debit his credit card for 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 this credit card.
7.6.3 The online provision of the bank details of the buyer and the order sent by the latter are proof of the agreement of the buyer in accordance with the provisions of the Act of March 13, 2000 and are worth due sums under the order made, as well as signing and accepting expressly all operations performed.
7.6.4 The transaction is immediately charged to the buyer's credit card after verification of its data, on receipt of the debit authorization from the company issuing the credit card used by the buyer.
7.6.5 In accordance with Article L. 132-2 of the French Monetary and Financial Code, the payment commitment given by means of a payment card is irrevocable.
7.6.6 In the case where the debit of the price would be impossible, the sale would be immediately dissolved by right and the order would be cancelled.
7.7 In case of payment by check(s), or bank transfer(s):
It is recalled that the order will be shipped only after verification of the perfect cashing of the check or checks, or the reception of the bank transfer(s); and that the funds are effectively available to the seller on his account.
7.8 Retention of title clause, regardless of the method of payment:
If by extraordinary circumstances, or by express written agreement between the parties, whatever the method of payment provided for, the order should nevertheless be shipped to the buyer, before the funds are effectively made available, corresponding to the total amount of the debt owed to the seller, in the latter's bank account, it is expressly agreed that the seller reserves full ownership of the products delivered until full payment of the principal price of the products, interest and all incidental costs. The implementation of this retention of title clause is detailed below.
7.9 Any sum not paid at the due date appearing on the invoice (or on any other contractual document between the parties), whatever the mode of payment envisaged, automatically entails, in addition to the pay ability of all remaining sums due; as of the day following the date of payment carried on the invoice (or on any other contractual document between the parties), the application of late penalties. They are calculated on the amount including all taxes of the unpaid sums: by applying a rate equal to three times the legal interest rate.
To the payment of these sums is added by right an indemnity for recovery costs of 40 euro.
When the collection costs incurred are higher than the amount of this fixed indemnity, the seller may request additional compensation with proof of payment.
7.10 In any event, payments received shall be set off against the oldest deliveries (or services) made to the buyer.
7.11 In addition, the seller shall also have the right to notify the cancellation of the relevant sales contracts, in which case the buyer shall return the unpaid products, which are the subject of a reservation of title clause (as referred to above), which have already been delivered, at its expense and risk.
The seller may also claim compensation for the damage suffered.
It is reminded that the seller will also be entitled to refuse any new order or to suspend the execution of the orders in progress until the payment of the totality of the sums due or until the constitution by the purchaser of guarantee of payment to the profit of the seller.
7.12 A compensation will automatically take place between the sums due by the purchaser to the seller and those due by the seller to the purchaser and in the modalities envisaged by the article L 442-6, I, 8° of the Commercial code. The buyer therefore expressly agrees that this compensation, under the sales contract(s) concluded between the buyer and the seller, shall be automatic and immediate.
Article 8 - Implementation of the retention of title clause
8.1 The seller retains ownership of the products delivered until full payment of the price and any late payment or lump sum compensation, and other sums and costs in addition thereto.
8.2 The buyer is responsible for allowing the identification and reclamation of the delivered products at any time. He shall not make the products immovable by destination (in particular by fixing them irremediably).
By express agreement, the products in stock at the buyer's are considered to be those for which the invoices have not been paid in full.
8.3 The buyer undertakes, if necessary, to assign to the seller by right the claim held against his sub-purchasers, up to the amount of the outstanding amounts. The buyer is also responsible for immediately informing the seller of any seizure, for the benefit of a third party, of the products delivered and whose ownership is reserved for the benefit of the seller.
The buyer is also prohibited from pledging or transferring the ownership of the said products by way of security.
8.4 In the event of total or partial non-payment of any of the agreed due dates, and fifteen (15) days after the first presentation of a formal notice by registered letter remained, in whole or in part, unsuccessful, the seller reserves the right to pursue the forced execution of the sale or the resolution of the sale.
In this last case, the product will have to be put at the immediate disposal of the salesman, unless the latter requires, by any means (registered letter, fax, bailiff's warning, contradictory inventory, etc.), the return of the products at the risks, dangers and expenses of the purchaser.
All sums already paid by the buyer will be retained as damages, without prejudice for the seller to claim additional damages.
8.5 This retention of title clause does not prevent the transfer to the buyer of the risks of loss and deterioration of the products sold.
Article 9 – Delivery
9.1 Delivery times
9.1.1 The buyer chooses one of the delivery methods proposed on the site when ordering, or if necessary, validates this one in view of the conditions and delivery time communicated by estimate (in particular in the event of forwarding outside Metropolitan France).
9.1.2 The ordered products are delivered, in principle, after complete payment of the sums due by the purchaser to the salesman.
9.1.3 Except in cases of force majeure or during periods of closure clearly announced on the homepage of the site, the shipping times are, within the limits of available stocks, those indicated on the site, particularly on the "delivery" page which appears before confirmation of the order.
9.1.4 These times, which in principle vary from two (2) to eight (8) working days (if the product is available), for a delivery in metropolitan France are given in good faith, and are purely indicative.
9.2 Delay in delivery
9.2.1 In the event of delay, the responsibility of the seller cannot be engaged, and this, for any cause whatsoever. Consequently, the complaint of a delay raised by the buyer will not lead to any penalty or indemnity payable by the seller.
9.2.2 In case of delay in delivery, the order is not automatically cancelled.
If, after a period of fifteen (15) working days (for a delivery in metropolitan France) as from the day after the day on which the payment is made (the funds being at the effective disposal of the salesman), the forwarding of the product still did not take place, the salesman informs the purchaser (by all means and in particular by electronic mail) that the delivery will intervene with delay. The seller must indicate whether the foreseeable delay will be greater or less than seven (7) working days beyond the date mentioned above (or the agreed delivery date, in particular for deliveries outside metropolitan France).
In the event that the delay is greater than seven (7) working days, the buyer may decide to cancel the order and will send an e-mail to the seller with a notice of cancellation of the order. The e-mail must be sent no later than 48 hours after receipt of the e-mail from the seller indicating the foreseeable delay. After this period, the order will be considered confirmed.
If the order has not yet been shipped when the seller receives the buyer's cancellation notice, the delivery will be blocked and the buyer will be reimbursed for any sums debited within fifteen (15) days of receiving the cancellation notice.
If the order has already been shipped when the seller receives the buyer's cancellation notice, the buyer may still cancel the order by refusing the package (in accordance with the procedures described below). The seller will then proceed to the reimbursement of the sums debited and the return costs paid by the buyer within fifteen (15) days following the receipt of the return of the package refused complete and in its original condition.
9.3 Terms of delivery and transfer of risk
9.3.1 Despite the application of the retention of title clause, the transfer of risks occurs at the place and time agreed upon in the order, at the time of the first presentation of the carrier in the premises indicated by the buyer.
9.3.2 The unloading of the products is in any case carried out under the exclusive responsibility of the buyer. All unloading operations of the products must be, unless otherwise expressly stipulated by the parties, carried out on covered docks and at street level.
9.3.3 The products are delivered to the address indicated by the buyer on the order form, the buyer will have to take care of its exactitude. Any package returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided to this effect on the order form.
9.3.4 If the purchaser is absent on the day of delivery, the deliveryman will leave a notice of passage in the letter box, which will allow the purchaser to withdraw the package at the place and during the time indicated.
9.3.5 If the buyer collects the product directly from the seller's premises, the transfer of risk from the seller to the buyer occurs 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 buyer.
In the absence of any reservation made by the buyer to the seller at the time of collection of the product, the latter is deemed to be in perfect condition, without any anomaly, and in conformity with the order.
9.4 Carriers' reservations
9.4.1 In case of damage, delay, missing items, the buyer must record the protests and claims to the carrier on the receipt document that must be dated, signed and countersigned by the carrier or his representative, driver. Thus, if at the time of delivery, especially the original packaging is damaged, torn, open, the buyer must check with the greatest attention the condition of the items.
If they have been damaged, the buyer must refuse the package and note a handwritten reservation specifying the anomaly noted on the delivery slip (e.g.: package refused because open or damaged) that he/she signs and has countersigned.
The buyer's attention is also drawn to the fact that he must confirm by registered letter with acknowledgement of receipt, within three (3) days, not including holidays, following the day of receipt, in accordance with the provisions of Article L133-3 of the Commercial Code, his protests and reservations to the carrier (and 48 hours following delivery in case of international transport).
9.4.2 The purchaser commits himself, in addition, to inform the salesman by addressing to him, without delay and at the latest in the 48 hours as from the moment of the delivery, by all written means (but against proof of reception: notice of reception of registered letter, fax, e-mail...) a copy of this mail to the address indicated in the legal mentions of the site.
9.4.3 The respect of this formalism is necessary to engage the responsibility of the transport provider, in case of damage or partial loss, as well as, if necessary, the responsibility of the manufacturer and/or the supplier (according to their own General Conditions). Otherwise, the buyer shall bear the sole responsibility for the possible consequences of such non-compliance.
9.4.4 The verification of the parcel is considered to have been carried out as soon as the buyer, or the person receiving the parcel, who is then deemed to be acting on the buyer's behalf and in the buyer's interest, and/or authorized by him, has signed the delivery note.
Article 10 - Reception and conformity of the products
10.1 The seller undertakes to deliver a product in conformity with the order sent by the buyer. It is recalled that the latter is solely responsible for the adequacy of this product with its needs and expectations and the use for which the buyer intends the product.
10.2 Without prejudice to the reservations to be made by the buyer to the carrier (see above), any claim relating to an error in delivery and/or conformity of the product (in kind, quality or quantity compared to the order) must be brought to the attention of the seller, under penalty of inadmissibility, in writing, as soon as possible and no later than three (3) calendar days from the receipt of the product by the buyer.
10.3 The complaint could be made, at the choice of the purchaser by any written means (but against proof of reception: notice of reception of registered letter, fax, e-mail...) to the following coordinates, for recall: 09 74 35 04 34 (from Monday to Friday from 9 am to 12:30 pm and from 2 pm to 6 pm (cost of a local call) and, to address an e-mail to: firstname.lastname@example.org
10.4 To be valid, this complaint must mention the references and dates of the order and delivery documents.
10.5 It is up to the purchaser to provide any justification as for the reality of the noticed non-conformities. The buyer shall reserve, if necessary, to the seller, all facilities to identify the product(s) concerned and to proceed to the ascertainment of the alleged facts, including the right to proceed directly or through any intermediary to any observation, verification and examination in the buyer's premises.
10.6 The return of non-conforming products is only authorized and accepted after prior written agreement from the seller. No unjustified return can be demanded by the buyer. The product must be returned to the seller by the buyer, without having undergone any modification, in its entirety and in its original condition (packaging, accessories, instructions, etc.), within fifteen (15) calendar days of the seller's recognition of the non-conformity and at the address indicated by the latter.
10.7 The return costs are at the seller's expense.
10.8 The responsibility of the seller is strictly limited to the replacement of the non-conforming product or to its refund, at its invoicing price, excluding all damages.
10.9 Any complaint not made in the rules defined in the present articles, in the conditions and within the time limits, cannot be taken into account. The delivered product will be considered as conforming. The seller will be released from any responsibility towards the buyer.
10.10 In accordance with Article L 442-6 of the French Commercial Code, any unjustified refusal by the buyer to accept all or part of the products or to return them will give rise to the invoicing of transport costs, other costs caused and the allocation of possible damages to the benefit of the seller.
Article 11 - Legal guarantee against hidden defects and liability for defective products
11.1 In case of subsequent occurrence of a defect, hidden at the time of the sale, making the product unfit for its normal purpose, the buyer is required to justify and notify the seller of the existence of the defect within thirty (30) calendar days of its discovery. This notification must mention all references allowing the seller to identify the order and the delivery of the product.
11.2 The buyer shall reserve, if necessary, to the seller, all facilities to identify the product(s) concerned and to proceed to the establishment of the alleged facts, including the right to proceed directly or through any intermediary to any observation, verification and any examination on the buyer's premises.
11.3 When the defect rendering the product unfit for its purpose has been established by the buyer and recognized by the seller, the latter undertakes either to refund the sale price of the product in exchange for the buyer's return of the product, or to repair it (parts, labor and transport) at the seller's exclusive expense, to the exclusion of any damages.
11.4 In addition, the seller may have to recall a product. The withdrawal/recall procedure will be carried out in collaboration between the seller and the buyer, who undertakes, if necessary, to take all necessary steps with his own customers or third parties.
Article 12 - Seller's liability & Commercial warranty of the products
12.1 Conditions of limited liability of the seller:
12.1.1. The purchaser is required to read carefully the notices relating to the technical characteristics of the products provided by the manufacturer and/or the supplier and to strictly respect the prescribed conditions of use. The buyer shall be solely responsible for the consequences of failure to comply with the conditions of installation, use, storage, and/or environment of the product.
The seller shall not be held liable by the buyer, in any capacity whatever, in the event of non-compliance with these obligations, which the buyer expressly acknowledges and accepts.
12.1.2. The responsibility of the salesman could not in no case be committed in the event of nonconformity of the products to the standards and regulations which would enter into force after their delivery or in the event of deteriorations or damage affecting the products not ascribable to the salesman.
12.1.3. The seller's liability may only be validly incurred if the buyer demonstrates the existence of a fault attributable to the seller, of a loss and of a direct causal link between the fault and the loss.
The liability of the seller shall in any event be strictly limited to the direct, certain and foreseeable loss, to the exclusion of any other loss (indirect...) and, in any event, shall be limited to the amount received by the seller for the order placed by the buyer.
12.2 Commercial guarantee of the products
12.2.1 The buyer benefits from a commercial warranty offered by the seller against any manufacturing defect of the 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 warranty)
12.2.2 The warranty does not cover anomalies (damage, partial loss...), nor apparent defects, nor non-conformities, present at the time of delivery, nor hidden defects (see above).
12.2. 3 The warranty does not cover any defect or failure resulting directly or indirectly from improper installation, defective maintenance (lack of and/or insufficient descaling, dust removal, etc.), abnormal use of the product, or the failure of the product to perform its intended function. ), abnormal or inappropriate use of the product, storage conditions and/or environment, not in conformity with its good functioning (under voltage, over voltage, lack of power of the meter...), or in a general way not in conformity with the instructions and/or prescriptions indicated by the manufacturer (in particular on the note of assembly and use).
12.2.4 The warranty does not apply to wearing parts, glass, hinges, seals, electrical or electronic components, indicator lights, light bulbs and electric motors not protected by a circuit breaker.
12.2.5 The installation of the product by a professional is, if necessary (cooking range, laundry, electric material, gas...), necessary to usefully claim the implementation of the guarantee. Thus, if the buyer cannot prove that the product was installed by a professional, the warranty is excluded.
Any modification of the product by an unauthorized person excludes the implementation of the warranty.
12.2.7 The other products benefit from a one (1) year warranty, part(s). The costs of labor, travel, shipping, reshipment and all related costs are at the expense of the purchaser.
The warranty applies under the following conditions:
The buyer must inform in writing, and as soon as possible, the seller, who will remind him the modalities of intervention and, of possible return of the product to the address of "Tea Barista": 19 rue Denis Papin, ZA de la Vilnière, 49070 Saint Lambert de la Potherie, France.
Any defective part will have to be returned to “Tea Barista” for expertise before a possible taking in charge under guarantee. The defective parts will be sent carriage paid at the expense of the sender.
The spare parts will be sent and invoiced in against refunding and a credit note will be established in the case where the expertise factory confirms a manufacturing defect.
12.2.8 Within the framework of the commercial warranty of the products, no replacement machine can be loaned during the repair period.
12.2.9 In no event shall the seller be liable for any other damages such as loss of income, loss of customers, loss of goods or other damages due to product defect or any other cause.
12.2.10 In addition, the manufacturer and/or supplier of the product sold may offer after-sales service and/or special commercial guarantees relating to the product. The seller is at the disposal of the buyer to indicate the modalities of taking charge of the product, the conditions being able to vary from one manufacturer or supplier to another.
Article 13 - No right of withdrawal
13. It is recalled that the buyer acts in the context of the present, as a professional of the food, catering, bar or hotel ... and that, in any case, the subject of the contract falls within the scope of its main activity.
Thus, as a professional, within the meaning of the preliminary article of the Code of consumption, contracting in the field of its principal activity, the purchaser does not profit from any right of retraction to his profit.
Article 14 - Force majeure
14.1 All circumstances beyond the control of the parties, preventing the performance under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
14.2 The party invoking the above-mentioned circumstances shall immediately notify the other party of their occurrence and of their disappearance.
14.3 Force majeure is, in particular, any event beyond the control of the seller (or the provider) which could not reasonably be foreseen at the time of the conclusion of the agreement and the effects of which cannot be avoided by appropriate measures and which prevents the seller (or the provider) from fulfilling its obligations.
14.4 The parties shall approach each other to examine the impact of the event and to agree on the conditions under which the performance of the Agreement shall be continued. If the case of force majeure lasts longer than three (3) months, each party will have the right to cancel the suspended order, without any compensation, provided that it notifies this cancellation 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
15. If one or more stipulations of the present general conditions are held to be invalid or declared to be invalid in application of a law, a regulation or following a definitive decision of a competent court, the other stipulations shall retain all their force and scope.
Article 16 - Non-waiver of a right
16. The fact that one of the parties does not claim a breach by the other party of any of the obligations specified in these terms and conditions shall not be considered as a waiver of the obligation for the future.
Article 17 - Title
17. In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 18 - Various stipulations
18.1 The buyer acknowledges that the purchase of products on the site does not entail to his profit, neither transfer, nor concession, of any intellectual property right.
18.2 The parties recognize that the information exchanged between them is confidential. At any time, either party may request that the confidential information held by the other be returned or destroyed within seven (7) working days.
18.3 It is nevertheless reminded that the seller may transmit all or part of this information to service providers, suppliers, manufacturers, for the purpose of processing orders and warranties.
Article 19 - Applicable law & Time limits for action & Attribution of jurisdiction
19.1 The contract concluded between the parties and these terms and conditions are subject to the application of French law.
19.2 The parties agree to seek an amicable solution to any dispute that may arise from the interpretation or execution of the contract.
19.3 The parties expressly agree that, in derogation of the applicable legal provisions, any dispute that may arise between them shall be time-barred within one (1) year from the date of its occurrence.
19.4 THE PARTIES, DECLARING THEMSELVES TO BE MERCHANTS, ACKNOWLEDGE THAT ONLY THE COMMERCIAL COURT OF ANGERS (49) IS COMPETENT TO KNOW ALL DISPUTES RELATING TO THE FORMATION,