Terms and Conditions of Sale
GENERAL TERMS AND CONDITIONS OF SALE
Preliminary article
Baurocher markets Baurocher items in France and internationally.
Eager to always better meet its customers' expectations, Baurocher decided to set up a distance selling network via electronic means (Internet) for its products, in order to guarantee its customers optimum service. The list of items offered for distance selling can be consulted on the website www.baurocher.com
The system thus put in place, which requires active participation from the customer, fully complies with the requirements for distance selling, and, in particular, with articles L. 111-1, L. 113-3 and L. 121-18 et seq. of the Consumer Code.
The use of the distance selling process described in these general terms and conditions of sale is reserved exclusively for consumers, as defined by law and case law, acting exclusively on their own behalf and domiciled in metropolitan France (including Corsica).
Article 1: Scope of application
These general terms and conditions of sale apply to all sales of Baurocher items concluded via the merchant site accessible from the French version of the website www.baurocher.com, for delivery in metropolitan France (including Corsica) and internationally.
The customer declares having read these general terms and conditions of sale before placing their order. The validation of their order therefore implies unreserved acceptance of these general terms and conditions of sale.
In accordance with the provisions of article 1369-1 of the Civil Code, these general terms and conditions of sale can be kept by anyone visiting the website www.baurocher.com, by means of a computer recording, and can also be reproduced by the customer by printing them; these general terms and conditions of sale will be applicable as long as they appear on the website www.baurocher.com. Should these general terms and conditions of sale remain accessible to the public via other websites or by any other means after their removal from the website www.baurocher.com, they would nevertheless no longer be enforceable against Baurocher.
Article 2. Products
The descriptions and photographs of the Products sold on the Site are as accurate and faithful to reality as possible. However, the colors, dimensions, textures and other characteristics of the products may be altered by the screens or internet browsers used to view them.
As these are handmade jewels, some indicated lengths may vary by plus or minus 10%. Similarly, some materials used may present irregularities inherent to their natural character or to this artisanal manufacturing method.
The Customer thus acknowledges that the photographs, descriptions or graphics accompanying and illustrating the products offered for sale on the Site are indicative and non-contractual and cannot engage the responsibility of Baurocher in case of error, omission or modification.
Article 3: Ordering items online
Orders can be placed online on the merchant site accessible from the French version of the website www.baurocher.com. The customer remains responsible for telecommunication costs when accessing the Internet and using the www.baurocher.com site. The photographs, graphics and descriptions of the products offered for sale are only indicative and do not in any way bind Baurocher.
In the event of a manifest error between the characteristics of the items and their representation, Baurocher cannot be held liable.
To purchase a product during their first order, the customer must open a customer account and fill out an order form specifying certain mandatory fields so that their selection can be taken into account by Baurocher.
In the event of prolonged inactivity during the connection, it is possible that the selection of items chosen before this inactivity is no longer guaranteed. The customer will be invited to restart their product selection from the beginning.
All necessary steps for the sale will be specified on the website www.baurocher.com in accordance with the provisions of article 1369-1 of the Civil Code.
In application of the provisions of article 1369-2 of the Civil Code, the customer will have the possibility, before definitively validating their order, to check the details of their order and its total price, and to correct any errors, before confirming it to express their acceptance. From the moment the customer has validated their order, Baurocher will acknowledge receipt of it without delay and by electronic means.
However, the sale will only be considered effective after Baurocher sends the customer the order confirmation, specifying the shipment of the items. Only the shipped items will be debited along with the shipping costs.
Orders are accepted within the limits of available stock. The definitive or temporary unavailability of a product cannot in any case engage the responsibility of Baurocher and cannot give the Customer the right to compensation or damages. After validation of the order by Baurocher, the customer receives an email confirmation.
- Refusal of orders
In accordance with the provisions of article L.122-1 of the Consumer Code, Baurocher will be entitled to refuse any abnormal order or order placed in bad faith.
Furthermore, Baurocher will be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order.
Article 5: Price of items
The price of items is understood to include all taxes, with delivery costs extra.
The all-inclusive price of each item the customer wishes to purchase, as well as the amount of the associated shipping costs for their delivery, will be communicated to them upon connection to the website
In accordance with the provisions of Article L.121 19 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the price paid detailing the price of the items and the delivery costs charged to them.
Article 6: Payment conditions
Customer purchases are paid for by credit card only: "CB" network, Visa, Eurocard/Mastercard cards are accepted.
The customer's credit card is debited at the time the order is prepared.
To this end, the customer guarantees Baurocher that they are the holder of the credit card and that the name appearing on this credit card to be debited is indeed their own, and then communicates in a secure online environment the sixteen-digit number and the expiry date, appearing on the front of their credit card, as well as, where applicable, the visual cryptogram numbers appearing on the back of their credit card.
In the context of online payments, and to combat online fraud, control will be carried out online with the competent banking establishments and organizations, questioned via the STRIPE group system. It will be responsible for the storage and automated processing of information relating to each order, including credit card details, in a secure environment.
Non-transmission of data related to an order prevents the completion and analysis of the corresponding transaction.
The information and especially the prices displayed on the site may be incorrect due to system errors or typographical input. While we make every effort to avoid such errors, they may occur. We do not honor orders based on incorrect information or prices. If the displayed price is lower than the actual price of the product, we will contact you by email to either cancel the order or provide instructions for paying the price difference. We apologize for the inconvenience; please do not hesitate to contact us with any questions on this matter.
Article 7: Delivery
Subject to the provisions of the paragraph below, delivery of items can only be made to the customer's permanent address in metropolitan France (including Corsica) and internationally.
The customer also has the option of having the items delivered to a physical person of their choice whose permanent address is located in metropolitan France (including Corsica) and internationally, as part of the Gift service set up by Baurocher.
It is understood that no deliveries can be made to hotels, professional addresses, or post office boxes.
Delivery of items will occur, after the payment of the order amount has been registered, to the customer's address. In accordance with the provisions of Article L.121-20-3 of the Consumer Code, delivery of ordered items will occur at the latest within 30 days from the day following the order, subject to full payment of the price.
Baurocher will deliver ordered items by express transport. Any deadlines communicated by Baurocher are for informational purposes only.
If, upon delivery, the external appearance of the package is not perfect, the customer will open it in the presence of the carrier to check the condition of the item. In the event of damage to the item, the customer will detail it precisely on the delivery note, the provisions of Article 11 below remaining applicable.
Any delivery outside of France may entail taxes and legal obligations due to the country of delivery, which would be at the customer's expense.
Items are delivered subject to stock availability. In case of unavailability of the ordered product, Baurocher will honor the order for the other products; the Customer will only be billed for the products actually shipped.
ARTICLE 11. COUNTRIES OF DELIVERY
On the website http://www.baurocher.com/, Baurocher ships its pieces to the following countries:
France
Article 8: Satisfied or refunded - right of withdrawal and return of items
Customers who are not satisfied with the ordered items may exercise the right of withdrawal provided for in Article L.121-1 of the Consumer Code under the best conditions.
From the receipt of the merchandise, the customer has 14 days to withdraw. Before the expiry of this period, the customer must send a declaration of withdrawal by email to contact@baurocher.com.
Form in Annex.
The customer must then return the items within 14 days of the date of withdrawal, in their original packaging, in their original condition (new), complete (accessories, instructions...)
It will be up to the customer to provide proof of this return, which means that the items must be returned by registered mail, or by any other means providing a certain date, with the return costs and risks remaining at the customer's expense.
Reimbursement for returned items at the invoiced price will be made, according to the payment method for the items, by credit to the customer's bank account corresponding to the credit card used for payment, within thirty days following receipt, by Baurocher, of the returned items.
It is specified that in the case of a gift, the right of withdrawal remains for the exclusive benefit of the customer and can in no circumstances be exercised by the recipient of the gift.
Items returned incomplete, damaged, deteriorated, or soiled by the customer will not be refunded.
Article 9: Exchange
Baurocher wishes to offer its customers the possibility to exchange delivered items under the conditions described below.
It will be up to the customer to provide proof of this return, which implies that the items must be returned by registered mail, or by any other means providing a certain date, with the return costs remaining at the customer's expense.
Any new delivery can only take place upon receipt by Baurocher of the items returned by the customer.
In the event of an exchange of items with different amounts, the initial sale will be cancelled. Payment for the new sale will be made by offsetting it against the amount of the previous sale, it being understood that any overpayment will be subject either to a credit note in favor of the customer, or to a re-credit to the customer's bank card or bank account, provided that the customer contacts Customer Relations.
In the event of an item exchange via the Customer Relations Department, the new sale will be subject to these general terms and conditions of sale.
In the event of an exchange of an item's size for another of the same amount and model. It will be up to the customer to provide proof of this return, which means that the items must be returned by registered mail, or by any other means giving a certain date, the return costs remaining at the customer's expense.
Any new delivery can only occur upon receipt by Baurocher of the items returned by the customer. The customer must contact customer service within 14 days of receiving the item at contact@baurocher.com.
The customer must then return the items within 14 days of the date of withdrawal, in their original packaging, in their original condition (new), complete (accessories, instructions...)
After receipt of the item by Baurocher, it will proceed to send the new item in the requested size; this exchange will be subject to these general terms and conditions of sale.
Article 10: Conformity – Warranty
The customer must ensure that the items delivered to them correspond to their order. Should the delivered items not conform to their order, the customer must inform Baurocher's Customer Service and return the items in question under the conditions set out in Article 8 of these general terms and conditions of sale.
Notwithstanding the specific warranty conditions given to the customer with the delivered item, Baurocher items are subject to the warranty conditions provided by law according to articles L.211-4, L.211-5 and L.211-12 of the Consumer Code, and articles 1641 and 1648, first paragraph, of the Civil Code.
The warranty will not apply, in particular, for:
Defects or deterioration caused by an accident or intervention carried out by an unauthorized third party
Normal wear and tear of the item and aging
Losses or breakages resulting from an accidental circumstance
Defective maintenance of the item
The stones used in our creations are natural stones. They are hand-cut in an artisanal manner in our workshop in France. Each stone is unique due to its specific characteristics (color, size, inclusion, etc.); these criteria can in no way constitute a hidden defect or fault.
The stones we select undergo quality control before any use in one of our creations.
In all cases, the warranty does not apply to alteration, abnormal wear, breakage, and other deteriorations clearly resulting from:
Improper use or poor maintenance.
Intervention by an operator not authorized by Baurocher to repair, renovate, or modify the item.
Reasonable wear, oxidation, or change in patina consequent to the use of certain materials known to be naturally alterable or fragile.
10.1 Repair or restoration of your jewelry
If your piece of jewelry requires a repair or restoration that is not due to a hidden defect or flaw (a shock, a scratch, etc.), this, if possible, will be charged according to a quote established by our workshop.
To have your jewelry repaired, even several years after your purchase, simply contact us and we will tell you how to send us the jewelry.
Upon receipt, we will have it appraised and draw up a quote to establish the cost of repairs. If you approve this quote, our workshops will then repair your jewelry and it will be sent back to you as soon as possible.
Article 11: Complaints – information
For any information, complaint or question relating to the online sales conditions set up by Baurocher or to the items themselves, customers should contact the E-commerce Service by email: contact@baurocher.com, stating their order number if applicable.
Article 12: Electronic files - privacy protection
Baurocher has created an electronic file that lists certain personal data relating to its customers. When a new customer places an order online on the website www.baurocher.com, this database will be enriched with information concerning them, which will then make it possible to better meet their expectations and facilitate the assistance services provided by the E-commerce service. This database has been declared in accordance with the requirements of the "Informatique et libertés" law n°78-17 of January 6, 1978, as amended by law n°2004-801 of August 6, 2004.
In the event that the customer agrees to communicate individual personal data, they will then have the individual right of access, withdrawal, and rectification provided for by law and may, in this regard, have any information concerning them that is no longer relevant deleted, by making a written request to Baurocher, at the address mentioned in the previous article.
Based on the choices made when creating or viewing their online accounts, customers will be able to choose whether they wish to receive offers from Baurocher, or be informed of specific operations via email. If a customer no longer wishes to receive these offers, they can at any time request to opt-out by clicking on an electronic link available in the emails provided for this purpose, or by modifying their account directly on the website www.baurocher.com
Article 13: Intellectual Property Rights
The Baurocher brand, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images, and logos appearing on Baurocher items, their accessories, or their packaging, whether registered or not, are and shall remain the exclusive property of Baurocher. Any total or partial reproduction, modification, or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior agreement of Baurocher, is strictly prohibited. The same applies to any combination or conjunction with any other brand, symbol, logo, and more generally any distinctive sign intended to form a composite logo. The same will apply to all copyrights, designs and models, and patents owned by Baurocher.
Article 14: Force Majeure
The performance by Baurocher of all or part of its obligations will be suspended in the event of an unforeseen circumstance or force majeure event that hinders or delays its performance. Such events include, but are not limited to, war, riots, insurrection, social unrest, strikes of all kinds, and supply problems for Baurocher.
Baurocher will inform the customer of such an unforeseen circumstance or force majeure event within seven days of its occurrence. Should this suspension continue beyond a period of fifteen days, the customer will then have the option to cancel the current order, and a refund will be processed under the conditions set out in Article 8 of these general terms and conditions of sale.
Appendix: Model withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of:
Baurocher
24 rue Lamartine
38320 Eybens
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the following product(s):
...
Ordered on:
Received on:
Consumer's name:
Consumer's address:
Date:
(*) Delete as appropriate
