Terms & Conditions
Preamble
The headings of the articles in these General Terms and Conditions of Sale are for convenience only and in no way affect the meaning of the provisions to which they refer.
Article 1: Purpose
The General Terms and Conditions of Sale detailed below govern the contractual relationship between Le Sac du Berger (hereinafter referred to as Sac du Berger), and any user of the Sac du Berger website (hereinafter referred to as the Customer).
The purpose of these General Terms and Conditions of Sale is to specify the rights and obligations of the Customer with regard to the products sold by Sac du Berger, within the framework of a distance selling system.
Article 2: Offeror
The author of the offer is the commercial brand Le Sac du Berger belonging to the company Romiguier Artisanat with a capital of 71 500 EUROS, headquartered at 4100 route de Layrolle, 12540 Marnhagues-et-Latour and registered in the Rodez Trade and Companies Register under SIRET number 380 870 964 00018.
Article 3: Scope of the Contract
These General Terms and Conditions of Sale are the only ones applicable and replace all other conditions, written or unwritten.
Le Sac du Berger may from time to time modify some of the provisions of these General Terms and Conditions of Sale. These modifications are opposable as from their on-line publishing and cannot apply to the contracts concluded previously.
The order of products presented on the Sac du Berger website is subject to acceptance by the Customer and implies unreserved acceptance by the latter of the entirety of the General Terms and Conditions of Sale set out below.
The Customer's acceptance is evidenced by a 'double-click validation'. By doing so, the Customer acknowledges that he/she has fully understood and agrees to all the General Terms and Conditions of Sale set out below. If the Customer does not exercise the legal right of withdrawal, he/she is irrevocably bound by the order form once he/she has electronically approved it, by means of the 'double validation click'.
Under these conditions, Le Sac du Berger invites its customers to carefully read the General Terms and Conditions of Sale before proceeding with any actual order for products appearing on the website.
Article 4: Products
The products offered for sale are those listed in the electronic catalog of the Sac du Berger site on the day the Customer consults the site.
The photographs in the catalog are as accurate as possible, but cannot guarantee a perfect similarity with the product sold, particularly with regard to colors due to the settings on the customer's screen and the lighting when the photos were taken.
The products offered for sale are described and presented as accurately as possible. However, indications of weight, size, color and special features are given for information only and may vary due to the handcrafted nature of our products.
Article 5: Duration of the offer
Our product offers and prices are valid as long as they are visible on the site.
Products are offered subject to availability. In the event of stock shortage, the Customer will be informed of the replenishment period and will have the option of cancelling the order.
Article 6: Geographical area of the offer
Geographical coverage of the offer: the offer referred to in these General Terms and Conditions of Sale is valid worldwide.
Article 7: Rates
Prices are given in Euros, inclusive of all taxes (VAT + other taxes), for Metropolitan France and member countries of the European Union. In the case of orders to the Rest of the World (countries outside mainland France and non-EU countries), payment is made exclusive of VAT. Any customs duties or local taxes will be borne by the customer or the recipient named on the order form, who will pay them on delivery (customs clearance).
The prices indicated take into account the taxes applicable on the day of the order. If the rate of these taxes is modified, these changes may be reflected in the price of the articles without the customer being informed in advance.
Le Sac du Berger reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the Customer, subject to availability.
Article 8: Ordering
Placing an order implies the Customer's full and irrevocable acceptance of the present General Terms and Conditions of Sale, and the waiver of any right to invoke the Customer's own terms and conditions of purchase or any other terms and conditions.
Any order by the Customer constitutes acceptance of the prices and description of the products available for sale.
All the data provided and the "double click of validation" (French law of March 13, 2000 on electronic signatures) will constitute proof of the transaction.
Le Sac du Berger confirms the details of the Customer's order by e-mail.
Le Sac du Berger reserves the right to cancel or refuse any order from a customer with whom there is a dispute relating to the payment of a previous order or who, in its opinion, presents any form of risk.
Article 9: Payment
Method of payment
To pay for an order, the Customer may use any of the payment methods offered at the time of final validation of the order form.
By validating the order form, the Customer guarantees that Sac du Berger has the necessary authorizations to use the chosen method of payment.
Payment methods :
- Credit card (online payment) :
Credit card payments will be made via the secure Crédit Agricole Paybox system.
The order will be processed only after validation of the online payment. - Bank or postal cheque :
The cheque must be issued by a bank domiciled in mainland France.
The order will only be processed once the cheque has been received and validated by the bank.
The check is cashed upon receipt.
The customer's order will then be reserved for 7 days. After this period, without receipt of the aforementioned cheque, the availability indicated at the time of the order will no longer be guaranteed and the order may be cancelled.
The cheque should be sent to the following address:
Shepherd's bag
4100 route de Layrolle
12540 Marnhagues-et-Latour
Cheques should be made payable to "Le Sac du Berger".
Please write on the back of the cheque :- The e-mail address used to place the order
- Order number
- Bank transfer :
The order will be processed upon receipt of the bank transfer and validation by the bank.
The customer's order will then be reserved for 7 days. After this period, without receipt of the aforementioned transfer, the availability indicated at the time of the order will no longer be guaranteed and the order may be cancelled.
Payment currency
All orders placed on www.lesacduberger.com, whatever their origin, are payable in Euros.
Payment default
Le Sac du Berger reserves the right to refuse to make a delivery or to honor an order from a customer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
Online payment - Security and privacy
The security system used for credit card payments is the Paybox system from Crédit Agricole. Personal information and credit card numbers are never transmitted unencrypted over the Internet. Data is encrypted and transmitted using SSL protocol (SSL Certificate).
Le Sac du Berger never has access to your credit card number.
Fighting fraud
Before sending the order and in order to prevent fraud relating to distance selling, Le Sac du Berger reserves the right to ask the Customer for proof of address and/or identity. In the absence of proof or if the documents sent do not allow us to verify the identity of the person placing the order and the reality of the address, Le Sac du Berger will be obliged to cancel the order in order to guarantee the security of transactions.
Article 10: Shipping and delivery
Shipping time :
Our maximum dispatch time for your order is 5 working days from your order date if the item is in stock. We usually dispatch Internet orders within 3 working days.
You will be informed by e-mail as soon as your order is dispatched, with a tracking number corresponding to our shipment.
In the event of unusual delays (e.g. stock shortages), we will send you an e-mail.
Delivery times :
La Poste's "Colissimo Suivi" system enables delivery within an average of 48 to 72 hours.
These times are given for information only.
For payments by bank transfer, delivery times are recalculated from the date on which the payment is recorded
Postage and packing :
Each order placed on the site incurs shipping costs for delivery of the parcel. Delivery charges vary according to the weight and value of the products ordered.
Shipping costs may be reduced or waived depending on current business operations.
Shipping costs are calculated before your order is validated.
Carrier :
The carrier selected by Le Sac du Berger is La Poste, which is why, unless you expressly request it, our deliveries will be made by Colissimo Suivi. Le Sac du Berger also reserves the right to use the services of another carrier.
Delayed delivery by the carrier
In the event of late delivery within eight working days, compared to the date initially set, Le Sac du Berger suggests that the Customer check with the post office or carrier if the package is not pending. If necessary, Le Sac du Berger invites the Customer to report this delay. Le Sac du Berger will then contact the carrier to open an investigation.
An investigation may take up to 21 working days. If the product is found during this period, it will be immediately redirected to the Customer's address or to the address indicated on the order form.
However, if the product ordered is not found within this 21-day investigation period, you may request a refund.
It is reminded that no refund or return of the product can be made before the end of the investigation.
Delivery delays linked to Sac du Berger
We invite the Customer to regularly check the status of his order on the Sac du Berger website (section: "My account" > "My orders") to know the progress of the order. Of course, Le Sac du Berger will keep the Customer informed of any delay in shipment of which it is aware.
In the event of delay, if the product has not yet been dispatched, the Customer may cancel the order.
If several products are ordered at the same time and only some of them are delayed, Le Sac du Berger reserves the right to split deliveries. In this case :
- only products shipped will be debited
- shipping costs for products shipped late will be free of charge;
- Products that are delayed may be removed from the order and will be reimbursed.
Out of stock :
If a product is unavailable after the order has been placed, the customer will be informed of the items that are out of stock. The customer may then request cancellation, exchange or splitting of the order.
Damage in transit:
On delivery, we advise the customer to check the condition of the packaging and the goods, and to report any defects within a period of 48 hoursPlease report any damage to the carrier and to Customer Service. If this procedure is not followed, Le Sac du Berger will not be held responsible for any exchange or refund of products. Moreover, from the moment of delivery, the risks of the goods delivered are transferred to the Customer.
Delivery address and location :
Products will be delivered to the address indicated on the order form.
It is the Customer's responsibility to check the completeness and accuracy of the information provided at the time of ordering, particularly concerning the delivery address.
Le Sac du Berger cannot be held responsible for any data entry errors and their consequences (for example: delays or delivery errors). In this context, the costs incurred for the reshipment of the order will be charged to the Customer.
International delivery :
The products we offer comply with French legislation and standards.
For any purchase in the countries of the delivery zone, with a view to export, the Customer is required to check the specific legislation in force in the country concerned, whether this concerns taxes, declarations or prohibitions.
Our responsibility cannot be engaged in the event of non-compliance with the legislation of the country where the product is delivered. It is the Customer's responsibility to check with the local authorities the possibilities of importing or using the products.
Article 11: Right of withdrawal
Cooling-off period
In accordance with the Chatel law in force on June 1st 2008, article L.121-18 paragraph 4, the Customer has a right of withdrawal of 14 calendar days from the date of receipt of the order without giving any reason.
This period begins on the date of delivery of the parcel, the date of signature on the proof of delivery (for Colissimo Suivi only) being taken as proof.
Once this period has expired, the Customer no longer has this right of withdrawal, and NO refund will be made. However, an exchange remains possible.
In the event of exercising the right of withdrawal, the Customer will have the choice of requesting either a refund of the order or an exchange of the product.
Repayment terms :
The refund is made by the same means of payment used by the Customer on the website.
At Le Sac du Berger, refunds can also be made in the form of a credit note, subject to the customer's agreement.
In the event of a refund, the Customer will be reimbursed for the total amount paid, including the cost of "GO" delivery. If the Customer has chosen express delivery, they will only be reimbursed on the basis of standard delivery.
If a discount code is used when ordering, the amount refunded will take this discount into account.
Terms of exchange :
If the new order is for an amount greater than the order giving rise to the exchange, the Customer must enclose payment for the balance with the exchange request.
Return shipping :
Le Sac du Berger does not cover return shipping costs. Return shipping costs are the responsibility of the Customer and will not be reimbursed by Le Sac du Berger, except in the case of a non-conforming product.
Refund or exchange periods
Refunds will be made within 14 days of receipt of the returned items by the Customer.
Beyond this 14-day period, the Customer is entitled to collect the sums due with additional interest equal to the legal rate in force.
However, given the specific nature of the products sold, this period may be extended to 30 days, in particular when the product requires technical verification.
Product return implementation :
A notice of retraction must accompany the returned item(s), as well as the invoice number corresponding to the purchase of the returned item(s). Le Sac du Berger will reimburse all sums received for the item(s) concerned, as well as the "GO" delivery costs.
For any right of retraction, the return is carried out according to the terms of article 13.
Le Sac du Berger once again draws the Customer's attention to the need to attach a copy of the purchase order or invoice.
Non-refund clause
The item(s) of the order returned by the Customer must be sent in protective packaging and in new condition.
The present right of return will only be accepted for products in their original condition and complete (packaging, accessories, instructions, etc.). Items returned scratched, incomplete, damaged or soiled by the customer will not be accepted for return or refund.
Please note: custom-made items, made to the consumer's specifications or clearly personalized items do not fall within the scope of this law and do not benefit from the right of withdrawal. These products cannot be returned or exchanged.
Products returned without physical protection or poorly protected will be refused; it is therefore the Customer's responsibility to protect the item during transport.
In the event of error or non-conformity: the return is at our expense.
If a delivery error has been made in relation to the order or for any specific case of error or non-conformity, Le Sac du Berger will cover the cost of return.
Article 12: Warranty
Commercial warranty :
Without prejudice to the legal warranty, the customer benefits from a commercial warranty. The products available on www.lesacduberger.com are guaranteed against any manufacturing defect for a period of one year. Le Sac du Berger undertakes to reimburse the customer or exchange any defective products returned during this period. The warranty is limited to the value of the item and is valid only if the product is used for its intended purpose and under normal conditions of use.
This warranty does not cover :
- normal wear and tear due to regular use,
- wear due to friction,
- exposure to extreme temperatures,
- damage resulting from a cause external to the product (accident, shock, immersion, etc.),
- Exposure to unsuitable products or solvents
- damage caused by poor maintenance, misuse or negligence,
- replacement of consumables,
- abnormal or improper use of the products,
- damage caused by a repairer not approved by Sac du Berger.
Shepherd's Bags (Sac du Berger n°1, Sac du Berger n°2, Sac du Berger n°3, Sac du Berger n°4, Sac du Berger n°5, Photo Bag or Photo Pack) are guaranteed indefinitely, subject to normal use and regular maintenance.
In the event that the commercial warranty comes into play, the customer must inform Le Sac du Berger, which undertakes to remedy the problem as soon as possible. If it is not possible to repair the item under the warranty, the product will be exchanged or refunded in the form of a credit note within 30 days of receipt by Le Sac du Berger.
If the Customer opts for an exchange, this can only involve a product strictly identical to the one initially ordered by the Customer, unless the product in question is no longer available at the date of implementation of the commercial warranty.
Legal warranties :
Independently of the commercial warranty, the Customer benefits from the legal warranties relating to product conformity defects (articles L. 211-4 et seq. of the French Consumer Code) and redhibitory defects (under the conditions set out in articles 1641 to 1649 of the French Civil Code), as described below:
- Article L. 211-4 of the French Consumer Code: "The seller is required to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility."
- Article L. 211-5 of the French Consumer Code: "To conform to the contract, the goods must :
- 1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the Buyer in the form of a sample or model;
- have the qualities that a Buyer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
- 2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter."
- 1° Be fit for the use ordinarily expected of similar goods and, where applicable :
- Article L. 211-12 of the French Consumer Code: "Action resulting from a lack of conformity is barred after two years from delivery of the goods.
- Article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish that use that the Buyer would not have purchased it, or would have paid a lesser price for it, had he been aware of them".
- Article 1648 paragraph 1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Guarantees concerning the Site :
Le Sac du Berger makes no warranties about the website and/or its content. In particular, Le Sac du Berger makes no warranty as to the suitability of any element of the site for any particular purpose.
Le Sac du Berger does not guarantee that the operational functions of the site, as well as the content or any other element appearing on the site, will at all times be available, uninterrupted or error-free.
Furthermore, Le Sac du Berger does not warrant that defects or errors will be corrected immediately or that the site or its server will be free of viruses or other components that may cause damage.
Article 13: Product returns
The return process applies in the case of the commercial guarantee or legal guarantees as well as for the right of retraction. If the return procedure is not followed, Le Sac du Berger will not be able to respond to the customer's request.
Return procedure :
All returns require the prior agreement of Sac du Berger. For this purpose, it is preferable to contact us by telephone at 0565993660. The returned item must be accompanied by a copy of the purchase order or invoice. The customer is invited to indicate the reason for the return so that Sac du Berger can improve its products and services.
The Customer is solely responsible for the parcel and its contents during the return journey. Le Sac du Berger therefore invites the Customer to take all necessary steps to insure against the risks of loss, theft or damage.
Le Sac du Berger advises the Customer to return the merchandise by registered mail or postal tracking, and to take out insurance with the carrier to cover the market value of the products.
The parcel must be sent to the following address:
Le Sac du Berger
4100 route de Layrolle
12540 Marnhagues-et-Latour
Special case of personalized products: products with personalized markings (e.g. first name or last name) are neither exchangeable nor refundable.
Reminder of return shipping costs:
Le Sac du Berger does not cover return shipping costs. Return shipping costs are the responsibility of the Customer and will not be reimbursed by Le Sac du Berger, except in the case of a non-conforming product.
Article 14: Personal data - Provisions of the French Data Protection Act
In accordance with the French Data Protection Act of January 6, 1978, personal data relating to customers may be processed automatically. It will be used by our internal departments to process your order, for statistical analysis and for our customer database, in order to personalize our communication and product offering. In accordance with the French Data Protection Act no. 78-17 of January 6, 1978, the www.lesacduberger.com website has been registered with the Commission Nationale de l'Informatique et des Libertés (CNIL) under no. 1569987 v 0.
At any time, the Customer has the right to access, modify, rectify and delete data concerning him/her (art 34 of the French law "Informatiques et Libertés" of January 6, 1978). To exercise this right, the Customer may either contact Le Sac du Berger by click hereor modify your information directly by accessing the "My account" section.
For details of our Privacy Policy and the precautions taken to maintain the confidentiality of personal data, click here.
The customer may receive offers from Sac du Berger (Newsletter). If the customer no longer wishes to receive these offers, he/she may request them at any time by contacting the workshop, or unsubscribe to the newsletter via the customer area (heading: "My account" > "Newsletter subscription").
Article 15: Liability
Force majeure :
Le Sac du Berger cannot be held responsible for any failure to meet its contractual obligations due to force majeure or unforeseen circumstances.
Internet :
Le Sac du Berger cannot be held responsible for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion, the presence of computer viruses, loss of data or other involuntary problems.
It is the Customer's responsibility to check or have checked that their computer and/or telecommunications equipment is suitable and compatible with the Sac du Berger site prior to any use. It is also the Customer's responsibility to implement all reasonable and necessary protection against damaging programs, devices or communications, in particular by means of anti-virus software.
Links to other sites :
On the Sac du Berger site, hypertext links may lead to sites other than the Sac du Berger site.
In the event of hypertext links pointing to other sites, Le Sac du Berger cannot be held responsible for the content of the information provided on these sites after activation of these links.
Le Sac du Berger is not responsible for any failure by these sites to comply with the legal or regulatory provisions in force. In the event of any problems, we recommend that you contact the site in question.
Pursuant to Article 14, para. 1 of European Regulation No. 524/2013 of May 21, 2013 on the
RELC, the European Commission makes
An online dispute resolution platform is available to consumers at the following address: http://ec.europa.eu/consumers/odr/
Consequential damages :
Under the terms of this contract, Le Sac du Berger will not be liable for indirect damages.
Article 16: Applicable law - Disputes
These General Terms and Conditions of Sale are governed by French law, regardless of the country of delivery.
The language of this contract is French.
If for any reason, one or more clauses of these General Terms and Conditions of Sale are deemed inapplicable or invalid, the other clauses will retain their full force and scope. The clause(s) deemed inapplicable will then be replaced by the closest possible provision.
In the event of a dispute, the Customer undertakes to contact Sac du Berger in order to reach an amicable solution. In the event of an amicable solution, the fact of not exercising one of the rights conferred to him under the contract cannot be interpreted for the future as a renunciation of the right in question nor as an obstacle to the exercise of any other right.
Article 17: Comments, criticism, communication :
All customer reviews are monitored and moderated by the Sac du Berger team.
The Customer declares that he is the owner or holder of the necessary rights to the content he transmits.
In the event that comments violate the law or ethics or are out of context, Le Sac du Berger reserves the right, at its sole discretion, to remove or edit any content.
Article 18: Customer service contact details
For further information or questions, please contact the workshop by filling in the contact form in click here. The Sac du Berger team will deal with all requests as quickly as possible.
You can also contact Le Sac du Berger by telephone on 05 65 99 36 60 or by post at the following address:
Le Sac du Berger
4100 route de Layrolle
12540 Marnhagues-et-Latour
Article 19: Customer contact details
Le Sac du Berger may send any notice provided for in the contract, either in the form of a publication on the site, or by e-mail, or by post, to the Customer's address recorded in our files. The Customer acknowledges and accepts that either of these methods of notification is sufficient for his or her information.
