The company “operating company TARRERIAS-BONJEAN” hereinafter referred to as “the company” manufactures and sells products linked to tableware and offers distant selling of products hereinafter referred to as “products” via the Internet. The present general sales conditions apply exclusively to all sales made through the “company” both for its own account and from the principal, with consumers. Any other terms and conditions not referenced by the company are valid only upon a written confirmation. The only fact of placing an order or accepting an offer involves acceptance without limitation or qualification of these terms and conditions. The customer declares that he/she is aware of the following conditions before placing an order for “Products”. By ordering “Products”, the Customer expressly and irrevocably accepts the terms as detailed below.
The Customer declares to have the capacity to conclude this contract, the general terms of which are presented hereafter.
The general terms and conditions of sale presented herein aim to define the contractual relationship between the seller, “the company” and the buyer “the Customer”, and the conditions applicable to all purchases completed through the website of the seller. The regulation applying to the sale is the one of distance selling, which is in effect in France on the date on which the order is placed. They apply as soon as the order is confirmed.
The products offered for sale are those displayed on the website. The pictures accompanying the description of the product are there to show correct information to the customer. However, they can be not totally similar to the products especially in terms of colours. The dimensions of our products, sets and manuals are given with tolerances depending on manufacturing process, defined in our internal documents.
5. Obligation to provide information
The “company” meets its obligation to advise and inform all information available directly on the website, by visiting the detailed description of the selected product or by calling 00 33 4 73 51 52 44.
6. Placing and validating an order
In order to allow the buyer to reconsider his order on line, the “company” created screens of validation and acceptance. The order will be definitively recorded only with the last validation of the summary screen of order. Once the order is confirmed, the online payment is also confirmed (article 8 of terms and conditions), the “company” will send a confirmation message of the order. By saving or printing this mail, the Customer holds a proof of his order, which the “company” recommends to keep. However, this e-mail confirms that the “company” has taken the Customer order into account.
Orders amounting or exceeding 120€ are recorded for 10 years from the date of delivery and can be freely accessible by the customer once he has been identified on the website. Orders details are recorded in the customer’s “my account” page. He just has to click “my orders” then “view my order” and select the right order.
Offers and products are valid until they are displayed on the website. All the products are new in accordance with current legislation, and therefore, have never been used before. When placing his order, the customer is informed of the availability of the products that he wishes to acquire. Nevertheless, despite the “Company”'s vigilance, an item ordered may no longer be available, the “Company” shall inform the customer by all means. The “Customer” will then be able to request an exchange, a credit note on another order or the refund of his order, which shall be addressed as soon as possible.
8. Price, payment and invoice
The product prices are indicated in Euros and inclusive VAT except delivery cost. The “company” reserves the right to change prices at any time. Only prices indicated when placing the order can be applied to the customer. Any change in the rate of VAT will automatically be applied to the price of the “products”. Payments can be done by credit card – via a secure online payment of our bank Société Générale, Paypal and by checks. In order to optimise transaction security over the Internet, an SSL (secure socket layer) on-line payment system is proposed to the Customer, which enables the customer’s credit card to be encrypted. For all that, the guarantees given by the “company” in the context of transaction security are identical to those obtained by the “company” from software manufacturers. Warning: in order to benefit from the SSL secured online payment method, the customer must be using browsers compatible with the SSL system. If the Customer wishes to pay by check, the order will be processed only on receipt and acceptance of the payment. The “company” reserves the right to refuse to deliver the Customer in case of failing or partial payment. The “company” reserves this possibility in case of a dispute with a “Customer”. The invoice of the “Product” will be inserted in the package containing the ordered product.
Products can be delivered either by mail given by the customer when placing the order, by a standard parcel mail or in one of the delivery points offered by the website and selected when placing the order.
Deliveries are made according 3-coverage area:
1/ Metropolitan France and Corsica
2/ Members countries of the European Community
3/ Non members countries of the European Community
Details concerning countries situated in area 2 and 3 are accessible before confirming the order and depend on carrier haulage capacity.
9.1 Delivery costs:
The terms and conditions of preparation remain the same as French delivery but the delivery lead time can be different according to the final destination. You can obtain the precise list of the countries when you validate your order. You may have customs fees, according to the destination, which cannot be input to us.
The delivery cost is indicated in the order and will be charged to customer.
Delivery with Colissimo
For Europe : 29€
Worldwide : 49€
Delivery with TNT :
Area 1 : 18 € TNT with tracking
Area 2 : 22 € TNT with tracking
Switzerland : 25 € TNT with tracking
Area 3 : 35 € TNT with tracking
Norway: 44 € TNT with tracking
Area 4 : 52 € TNT with tracking
Area 5 : 54 € TNT with tracking
Spain - Canary
Spain - Ceuta, Melilla
9.2. Delivery lead times
Please note that the company shall be allowed a legal maximum period of delivery of 30 days following the order. Nevertheless, the estimated date of delivery – depending on the processing time of the order and its delivery by a carrier – will be indicated when placing the order and on the purchase order. This delivery times may vary according to the destination, the shipping method and the ordered product. In case you have articles with different delivery times according to their availabilities, the delivery time is based on the longest one.
The customer will be informed on the estimate delivery time in an email or a text message. This standard delivery date will usually be 2-3 working days (except Saturdays, Sundays and bank holidays) after the sending of the email or text message on delivery information, 1-2 days for express delivery and 3-5 working days for delivery at collection point chosen when placing your order. For international shipments, the delivery times can be from 4 to 10 working days according to the destination. For personalised products, from the receipt of the order, its payment and the engraving (about 7 working days), it will then take 3 working days i.e. a total of 13 working days.
Delivery lead times can be superior when products shall be delivered in areas where the access is difficult. The “Company” makes every effort to deliver goods within the estimated timescales indicated above. For deliveries at collection points, an email or a text message will be send to the “Customer” as soon as the product has arrived to the collection point of its choice. From the day of delivery the “Customer” will then have 15 days to collect the parcel with an ID. After this deadline, the parcels that have not been picked up will directly return to the “Company”. Even if the “Company” makes every effort to deliver goods within the estimated timescales indicated above, delivery lead time are just an estimation and cannot be guaranteed. The “Company “shall be under no liability for any delay or failure to deliver the products within estimated timescales. However, the maximum delivery time of 30 days from the receipt of the delivery mail is guaranteed.
If the company is not able to comply with expected shipment timeframe that is indicated in the delivery information mail, the “Company” shall inform the customer as soon as possible indicating at the same time another new estimated delivery time without any liability to the “Customer”. The “Customer” can however cancel his order if the total delivery time exceeds 30 days. To cancel his order, the customer will have to send an email to [email protected] The credit/debit card or pay pal account will be re credited within 14 days of receipt by email notifying the cancellation.
9.3. Delivery terms
The customer must be sure that the indicated address allows a delivery during working days. The “Company” refuses delivery to PO boxes. Delivery shall be made by providing the goods directly to the “Customer” or by sending notice for the customer's attention that the goods are available. The product is delivered to the address given when placing the order; this address will appear on the purchase order and the despatch note. The “Company” cannot be held responsible for any delivery problems due to difficult delivery areas. The carrier is the only one able to judge the access difficulty and reserves the right not to access to the given address, or to climb stairs with a parcel, to preserve delivery men physical well-being.
If the “Customer” has not received his order within the specified delivery time, the “Company” thanks him for verifying first the post office to check whether they have the parcel or not. If they confirm that they do not have the parcel, then the “Company” thanks him for warning them and they will do their best to help him. All delivery terms may be delay due to seasonal period or seasons of peak activity, due to bad weather conditions or unforeseen circumstances, however the “Company” will do its best to deliver the order in the given delivery times. During this period of peak activity (i.e. Christmas time) or very bad weather conditions, the “Company” kindly ask the “Customer” to give it one more day to contact them. The “Company” thanks the “Customer” to note that the carrier needs his signature and that the products won’t be given without any signature.
Orders may be delivered on a work place, which is generally easier and avoid products to be returned to the “Company” as non delivered by the carrier.
If the Customer orders several products, the company may need time to deliver the products separately. If more than one delivery is necessary, the “Customer” will be informed in advance.
9.4. Checking the delivery
When receiving his order, the “Customer” must check the goods delivered before signing the delivery note. The “Customer” must indicate on the delivery order and under forms of handwritten reserves accompanied with his signature any abnormality or mistake in the delivery. Please, note that it is considered the inspection of the condition of the product has been done once the bill of lading is signed without any reserve. If your parcel is torn, damaged or opened on delivery, you have to check the condition of the products. If it has been damaged, the “Customer” must refuse the parcel and handwrite on the delivery bill “parcel refused as opened or damaged during the delivery” he shall then confirm these same remarks by registered letter with acknowledgment of delivery within 72 hours which follow the delivery to the carrier and to the “Company”. These remarks must be unequivocal (remarks such as “subject to unpacking or inspection or non-compliant” have no value in the event of a dispute. The absence of complaints and lack of reservations on the part of “Buyer” within 72 hours from the delivery, means that the product delivered is deemed satisfactory. The “Customer” is then responsible for the products that have been delivered.
His order will be sent to the given address when placing the order. The “Company” could not be held responsible if the given address is incorrect or incomplete.
10. Complaints and Customer Service
For any complaint, the “Customer” is invited to contact the “Company” by connecting to its website in the contact page. All complaints related to a defect of delivered goods, an inaccuracy in the quantities or their erroneous reference compared to the accepted offer or to the confirmation of order by the “Company” shall be addressed to the “Company” by registered letter within 14 days from the receipt of the goods, without neglecting if necessary and according to article 9.1, the recourse against the carrier, in the absence of what, the right to complaint will cease being acquired.
Returns of goods can only be made by mail, except when indicated otherwise. All good returns need the approval of TB Groupe first, which can be obtained by filling the "product returns"form that you can find in your parcel but also available on the website in the: Return products page. The “Customer” will receive by the means considered to be most convenient by the “Company” an agreement of return. Failing an agreement concerning the return of the goods, any goods returned will be held available for the purchaser at his expense, risks, and perils, any transport, storage, and handling of goods being at the expense of the “Customer”. In the absence of prepaid label sent by the “Company”, products are returned to the “Customer” at his expense and risks. It is therefore advised to declare the value of the goods and to subscribe transport insurance. After obtaining the return agreement the “Customer” has 14 days to carry out the return of faulty goods to the “Company”. The following information are requested: accurate address and phone number, designation of the product (s) concerned, the default noticed, the invoice number or the despatch note corresponding to the related products. The goods must be returned with a copy of the invoice and the return number written on the parcel within 14 days after the agreement of the “Company” to the address given in article 17.
10.2 Original packaging needed
Any faulty or damaged returned product(s) must be returned in its original packaging, which allow the transport of the product under good conditions, with guarantee labels, complete and include any accessories provided to the Customer with the product and must be accompanied by a proof of agreement of the return. Any damaged, incomplete, or damaged original packaging, will neither be exchanged nor refunded and the “Customer” will have to pay 35€ to pay for the costs of repacking of products which original packaging is damaged or lost. The “Customer” must make sure that the product is well packed.
Any refund request will be taken into account only after the products have arrived at the “Company”; according to the return procedure indicated above. In case of a compliant return and refund claim, the payment will be made as soon as possible and no later than within 14 days, delivery costs and return will be determined in advance with the “Customer”.
11. Risk transfers and reservation of ownership
As soon as the product is delivered, the risk is immediately transferred to the “Customer”. The “Company” expressly reserves ownership of delivered “Products” until full payment of their prices in principal and interests. The mere issuance of a payment order does not constitute any payment. The aforementioned provisions do not prevent the transfer to the customer of risks of loss or deterioration of the “Products”. Should the “Customer” fail to pay the full price, including charges and taxes, the “Company” shall be entitled to demand the return of the goods delivered. The “Customer” will pay fees that might be incurred for restitution of the goods.
12. Guarantee against hidden defects and liability
The “Company” will not be held responsible for the non-execution of the contract in case of force majeure. The “Company” does not incur any liability if the purchase of the products has consequences on the customer’s financial situation.
In any case, the “Customer” benefits from the guarantee against hidden defects: thus, in the case in which a “Product” has a manufacturing defect that makes it unfit for use, the “Customer” can contact the Customer Service of the “Company”, by sending an e-mail to [email protected] or by sending a registered letter with acknowledgement of delivery to the “Company” (article 17). In case of guarantee against hidden defects, the product shall be returned to the “Company” with a copy of the invoice within the legal time of 24 months. The “Company” reserves the right to repair, identically replace or identically value replace if the product is no longer manufactured. In all cases, the “Company” liability is limited to the price paid when placing the order plus the delivery cost. The products offered are in compliance with the French legislation and European standard.
Lack of conformity
The seller is given the lack of conformity goods under the conditions of article L211-4 and following the « code of consumption and hidden defects » article 1641 of the civil code.
According to the legal guarantee of conformity, the consumer:
- Has 2 years as from the delivery of goods to act
- Can choose between repair and replacement of the good
- Has no obligation to prove the default of conformity of the goods within 2 years from the delivery
The legal guarantee of conformity is applied regardless the commercial guarantee that may be applied. Consumers may implement the guarantee of the hidden defects of the sold good according to article 1641 of the Civil code and may choose between the breaking of the sale or a discount.
13. Contractual guarantee
The “Company” offers to all its products, except knife blades, a contractual guarantee of 2 years from the placement of the order, in a normal use of the “Product”. The “Company” offers a 10 year-guarantee on knife blades from the placement of the order and in a normal use of the product.
14. Withdrawal period
The legal withdrawal period proposed to the consumer for a good purchase is 14 days from the receipt of the order. During this period, the “Customer” has a “return goods” form which can be found on the website under his account page and may return, by registered letter with acknowledgment of delivery, to his expenses, without any other penalty, the good (s) which does not suit him. The “Customer” will then be able to choose between the refund of the “Product” (except delivery costs) and the exchange of the product. Of course, the returned “Product” shall be returned to the “Customer’s” expenses and in good state as delivered by the “Company”. An acknowledgment of receipt of the return will be given by the more appropriate and fastest mean according to the “Company”.
Returns of personalised products
Please note that the personalised products (such as blade engraving) are entitled a special treatment as they have been specially made for you. We thus cannot accept the return except in case of manufacturing defect identified in conditions of article 12.
As your order is prepared as soon as it is received, you therefore cannot cancel your order.
In compliance with the stipulations of the Law of January 6th 1978, referred to as the "Law on Information Technology and Civil Liberties", the information you are providing are only used for the purpose of the order and are strictly intended for use by the company. You have a right on your data that means if you have supplied any personal data to us, you can request access to and correct them. TB Groupe will not sell or disclose any personal information to any third party. If you wish you can refuse these data to be shared to third party by writing a request to the “Company” (article 17 of conditions of use and sale). TB have been declared to the National Commission for Information Technology and Civil Liberties (CNIL) N° 1328140.
"La société" dégage sa responsabilité pour tout manquement à ses obligations contractuelles dans l'hypothèse d'une force majeure ou fortuite, y compris, mais sans y être limitées, catastrophes, incendies, grève interne ou externe, défaillance ou pannes internes ou externes et tout événement majeur ne permettant pas la bonne exécution des commandes.
17. Identification de la société
Operating company TARRERIAS BONJEAN, simplified joint-stock company with share capital of 3 240 000 Euros and which head office is situated in ZAC de Pommier Chansonniere - 63650 La Monnerie de Montel, registered in the Commercial and Companies of Thiers Under number B 397 879 909. Phone number: 00 33 4 73 51 52 44. Fax number: 00 33 4 73 51 72 73 e-mail: [email protected]
These general terms and conditions and the headings relating hereto constitute the entire rights and obligations of the parties, concerning product orders on the Internet. No general or specific term or condition communicated by the customer may be incorporated herein.
19. Intellectual property
All elements that appear on the website www.tb-groupe.fr (commercial names, trademarks, photo, videos, texts) are and remain the exclusive intellectual property of the “Company”. Nobody is allowed to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the website.
20. Final aspect
The French law governs this contract. Application of the Vienna Convention on international sales of goods is excluded. The “Company” will archive orders forms and bills on a reliable and sustainable media as a true copy in accordance with the article 1348 of the Civil code. The computerised record stored in our computer systems and those of our partners in reasonable security conditions will be considered as proof of the transaction orders and payments between the parties. If one or more provisions of these General Terms and Conditions should prove to be illegal or inapplicable for any reason, the validity and application of all other provisions will not in any case be affected by it. For the “Company” refraining from invoking any of the clauses herein at any given time shall not constitute a waiver of its right to invoke these same clauses at a later date.