GENERAL TERMS AND CONDITIONS OF SALE

Foreword

The headings of the articles of these General Conditions of Sale appear only for convenience and affect in no way the meaning of the provisions to which they refer.

Article 1 : Object

The General Conditions of Sale detailed below govern the contractual relationship between the commercial brand Le Sac du Berger (hereinafter referred to as the Sac du Berger), and between any user of the Sac du Berger website (hereinafter referred to as the Customer).

These General Conditions of Sale are intended to specify the rights and obligations of the Customer regarding the products sold by Sac du Berger, as part of a distance selling system.

Article 2 : Author of the offer

The author of the offer is the commercial brand Le Sac du Berger belonging to the company Romiguier Artisanat with a share capital of 71,500 EUROS, whose registered office is located at Layrolle - 12540 Latour-sur-Sorgue and registered with the trade and companies' register of Rodez under number SIRET 380 870 964 00018.

Article 3 : Scope of contract

These General Conditions of Sale are the only ones applicable and replace all other conditions, written or unwritten.

The Sac du Berger may be punctually brought to modify some of the provisions of these Terms and Conditions. These modifications are effective as of the time they are posted online and can not be applied to contracts previously concluded.

The order of products presented on the website of the Sac du Berger is subject to acceptance by the Customer and implies acceptance without any reservation by the latter, of the entirety of the General Terms and Conditions of Sale set out hereafter.

The acceptance of the Customer is materialized by a 'double click of validation'. This approach is equivalent to the Customer to admit that he has fully acknowledged and that he approves all the General Terms and Conditions of Sale indicated below. Failing to use the legal right of withdrawal, the Customer is irrevocably committed to the purchase order after having approved electronically, through the 'double click validation'.

Under these conditions, The Sac du Berger invites its Customers to read carefully the General Conditions of Sale before proceeding to any effective order of products appearing on the website.

Article 4 : Products

The products offered for sale are those appearing on the electronic catalog of the website of the Sac du Berger on the day of the consultation of the site by the Customer.

The pictures in the catalog are as faithful as possible but can not ensure a perfect similarity with the product sold, especially with regard to the colors due to the settings of the Customer's screen and the lighting during the shots.

The products offered for sale are described and presented with the greatest possible accuracy, however the indications of weight, size, color, as well as the peculiarities are only indicative and may vary given the craftsmanship 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.

The products are offered within the limits of available stocks, in case of stock disruption, the Customer will be informed of the delay of resupply and will have the opportunity to cancel the order.

Article 6 : Geographical area of the offer

Geographic area of ​​coverage of the offer: the offer referred to in these General Conditions of Sale is valid for the whole world.

Article 7 : Prices

The prices are presented in Euros All taxes included (VAT + other taxes), for Metropolitan France as well as the member countries of the European Union. In case of an order to Rest of the World (countries outside Metropolitan France and non-EU members), the payment is made without VAT. Any customs fees or local taxes will be borne by the Customer or the recipient designated in the order form, the latter paying upon delivery (customs clearance).

The prices indicated take into account the taxes applicable on the day of the order. If the rate of these taxes were to be modified, these changes could be reflected in the price of the items without the Customer being informed beforehand.

The Sac du Berger reserves itself the right to modify its prices at any time, provided however that the prices listed in the catalog on the day of the order will be the only ones applicable to the Customer, subject to availability.

Article 8 : Order

The placing of an order implies the full and irrevocable adhesion of the Customer to these General Terms and Conditions of Sale and the renunciation to ones own terms of purchase or other conditions.

Any order by the Customer constitutes an acceptance of the prices and description of the products available for sale.

All data provided and the "double click validation" (law of 13 March 2000 on electronic signature) will be worth proof of the transaction.

The Sac du Berger confirms the details of the Customer Order by email.

The Sac du Berger reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over the payment of a previous order or which would present to him any form of risk.

Article 9 : Payment

Payment Method

To pay for the order, the Customer is provided with all the payment methods proposed during the final validation of the order form.

By validating the purchase order, the Customer guarantees the Sac du Berger the necessary authorizations to use the chosen method of payment.

Payment Methods Proposed :

  • Bank Card (online payment) :
    Payments by credit card will be made through the secured system of the Crédit Agricole Paybox.

    The order will only be processed after validation of the online payment.

  • Bank or Postal Check :
    The check must be issued by a bank domiciled in metropolitan France.
    The order will only be processed upon receiving the check and after validation by the bank.
    The cashing is done upon receiving the check.
    The Customer's order will be booked for 7 days. Beyond this period, without having received the abovementioned check, the availability indicated at the time of the order will no longer be guaranteed and the order may be canceled.
    The check must be sent to the following address:
    Sac du Berger
    Layrolle
    12540 Latour-sur-Sorgue

    France
    The check must be made payable to "Le Sac du Berger".
    On the back of the check must be specified:

    • The e-mail address used when ordering

    • The number of the order

  • Bank Transfer :
    The order will only be processed upon receiving the transfer and after validation by the bank. The Customer's order will be booked for 7 days. Beyond this deadline, without receiving the aforementioned transfer, the availability indicated at the time of the order will no longer be guaranteed and the order may be canceled.

Currency of Payment

Any order placed on www.lesacduberger.com, whatever its origin, is payable in Euros.

Payment Default

The Sac du Berger reserves the right to refuse to make a delivery or to honor an order emanating from a Customer who has not totally or partially paid a previous order or with whom a payment dispute is in under administration process.

Online Payment - Security and Confidentiality

The security system put in place for credit card payment is the Crédit Agricole's Paybox system. Personal information and credit card numbers never travel in clear over the Internet, the data is encrypted and transmitted by SSL (SSL Certificate).

The Sac du Berger never has access to your credit card number.

Fight against Fraud

Before shipping the order and to prevent fraud relating to distance selling, the 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 addressed documents do not make it possible to ensure the identity of the author of the order and the reality of the registered address, the Sac du Berger would be compelled to cancel the order to guarantee the security of transactions.

Article 10 : Delivery

Processing time :

Our maximum time of departure of the parcel of your order is 7 working days as of your date of order. Usually, we deliver Internet orders within two business days.

You are informed by e-mail as soon as the order is shipped, with the tracking number corresponding to our shipment.

In case of unusual delay (out of stock for example), an e-mail will be sent to you.

Delivery delay :

The "Colissimo Suivi" system of the French national Post Service “La Poste” allows delivery within an average of forty-eight hours.

These deadlines are provided for information only.

For payments by check and bank transfer, the delivery times must be recalculated as of the date of registration of the payment.

Shipping costs:

Each order on the site causes a shipping fee for the delivery of the parcel. The total shipping costs varies according to the weight and value of the products ordered.

Shipping costs may be reduced or eliminated depending on current commercial operations.

The shipping costs are calculated before the validation of your order.

Carrier :

The carrier selected by the Sac du Berger is the French national Post service “La Poste”, which is why, unless express request from you, our deliveries will be made by “Colissimo Suivi”. The Sac du Berger also reserves the right to use the services of another carrier.

Delivery delay related to the carrier

In case of late delivery within eight working days, compared to the date initially fixed, the Sac du Berger suggests to the Customer to check with the post office or carrier if the parcel is not pending. If necessary, the Sac du Berger invites the Customer to report the delay. The Sac du Berger will then contact the carrier to open an investigation.

An investigation can take up to 21 working days. If during this period, the product is found, it will be immediately rerouted to the Customer's home or the recipient designated in the order form.

On the other hand, if the ordered product is not found at the end of this period of 21 days of investigation, you can ask to be refunded.

It is recalled that no refund or return of the product can be made before the closing of the investigation.

Delivery delay related to the Sac du Berger

We invite the Customer to regularly check the follow-up of his order on the website of the Sac du Berger (section: "My account"> "My orders") to know the progress of the order. Of course, the Sac du Berger will keep the Customer informed of any shipping delay of which he is aware.

In case of delay, if the product has not been sent yet, the Customer can cancel the order.

If several products are ordered at the same time and only some of them are late, the Sac du Berger reserves the right to split the deliveries. In that case:

  • only shipped products will be debited

  • shipping costs for late shipped products will be free

  • products that are late may be removed from the order and will be refunded.

Sold Out :

In case of unavailability of product after placing the order, the Customer will be informed of the items in disruption. The Customer may then request a cancellation, an exchange or a splitting of his order.

Damages during transport :

Upon delivery, the Customer is required to check the condition of the packaging and merchandise and report, within 48 hours, the damage to the carrier, as well as to our Customer Service. If this procedure is not respected, the Sac du Berger is released from any responsibility for any exchange or refund of products. In addition, as of delivery, the risks of the goods delivered are transferred to the Customer.

Data and locations of delivery :

The products will be delivered to the address indicated on the order form.

The Customer must verify the completeness and conformity of the information provided during the order, including the delivery address.

The Sac du Berger can not be held responsible for any errors in data entry and the resulting consequences (for example: delays or delivery errors). In this context, the costs incurred for the return of the order will be borne by the Customer.

International delivery :

The products we offer comply with the legislation and standards applicable in France.

For any purchase in the countries of the delivery area, for export, the Customer is required to check the specificity of the legislation in force in the country concerned, whether for taxes, declarations or prohibitions.

Our responsibility can not be committed in case of non-compliance with the legislation of the country where the product is delivered, it is up to the Customer to check with the local authorities the possibilities of importing or using the products.

Article 11 : Right to withdraw

Withdrawal period

In accordance with the Chatel law in application on 1 June 2008, Article L.121-18 paragraph 4, the Customer has a right of withdrawal of 14 working days as of the day of receiving the order.

This period runs as of the date of delivery of the parcel, the date of the signature of the proof of deposit (for Colissimo Suivi only) being authentic.

After this period has expired, the Customer has no longer this right of withdrawal, NO refund will be made. However, an exchange remains possible.

In case of exercise of the right of withdrawal, the Customer will have the choice to request either the refund of his order or the exchange of the product.

Repayment Terms :

The refund is made by the same means of payment used by the Customer on the website.

At the Sac du Berger, refund can also be in the form of credit, provided there is an agreement from the Customer.

In case of a refund, the Customer will be refunded all amounts incurred, shipping costs "TO" included. If the Customer has chosen an express delivery method, it will only be refunded on the basis of a standard delivery.

If a discount code is used when ordering, the amount reimbursed will take into account this reduction.

Exchange Terms :

If the new order is greater than the order subject to exchange, the Customer must enclose to the exchange request the payment of the balance.

Return Fees :

The Sac du Berger does not support the cost of return. Return shipping costs are entirely of the responsibility of the Customer and will not be reimbursed by the Sac du Berger, except in the case of a non-compliant product.

Refund or Exchange Deadlines :

The refund is made within 14 days after receiving the items returned by the Customer.

Beyond this period of 14 days, the Customer is entitled to collect the sums due with an 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, especially when the product requires a technical verification.

Implementation of the Product Return :

A notice of withdrawal must accompany the returned item (s) and the number of the invoice corresponding to the purchase of the returned item (s). The Sac du Berger ensures the repayment of all the sums collected under the articles concerned, as well as the delivery costs "TO".

For any right of withdrawal, the return is carried out according to the terms of Article 13.

The Sac du Berger again draws the Customer's attention to the need to attach a copy of the purchase order or the invoice.

Non-refundable Clause

The item (s) of the order returned by the Customer must be shipped in protective packaging and in new condition.

This right of return can only be accepted for products in their original state and complete (packaging, accessories, instructions, etc.). Items returned scratched, incomplete, damaged, stained or soiled by the Customer are not returned or refunded.

Gift certificates and vouchers are not monetary values, they can not be refunded or exchanged.

Attention: items made to measure, made according to consumer specifications or clearly personalized are not part of this law and do not have the right of withdrawal. These products are neither returned nor exchanged.

Products returned without physical protection or poorly protected will be refused; it is therefore the responsibility of the Customer to protect his article during transport.

In case of an error or non-compliance :

The return is to be borne by the Sac du Berger.

If a delivery error has been made in relation to the order or for any specific case of error or non-compliance, the Sac du Berger will bear 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. The Sac du Berger commits to reimburse the Customer or to exchange any defective products that are returned during this period. The warranty is limited to the value of the article and is valid only if the product is used for the purpose for which it is intended and under normal conditions of use.

This warranty does not include :

  • normal wear and tear due to regular use,

  • wear by friction,

  • exposure to extreme temperatures,

  • damages resulting from an external cause to the product (accident, shock, immersion, etc.),

  • exposure to unsuitable products or solvents

  • damages caused by poor maintenance, misuse or negligence,

  • replacement of consumables,

  • abnormal or improper use of the products,

  • damages due to the intervention of a repair technician not authorized by the Sac du Berger.

The Sac du Berger (Sac du Berger No. 1, Sac du Berger No. 2, Sac du Berger No. 3, Sac du Berger No. 4, Sac du Berger No. 5, Photo Bag or Photo Pack) are guaranteed without limit in time, within the limits of normal use and regular maintenance.

In the event that the commercial warranty is intended to be used, the Customer must inform the Sac du Berger, which commits to find a solution to the problem as soon as possible. If it is not possible to repair the item as part of the performance of the warranty, the product will be exchanged or refunded within 30 days of receipt by the Sac du Berger.

If the Customer opts for an exchange, it may only relate to a product strictly identical to that initially ordered by the Customer, unless the product concerned is no longer available on the date of implementation of the commercial warranty.

Legal Guarantees :

Independently of the commercial warranty, the Customer benefits from the legal guarantees relating to the lack of conformity of the product (articles L. 211-4 and following of the Consumer Code) and the latent vices (under the conditions envisaged in articles 1641 to 1649 of the Civil Code), as recalled below:

  • Article L. 211-4 of the Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It also responds to the lack of conformity resulting from the packaging, installation or installation instructions when the latter has been charged to it by the contract or has been carried out under its responsibility. "

  • Article L. 211-5 of the Consumer Code: "To be in conformity with the contract, the object must:

    • 1 ° Be fit for the usual expected use of a similar good and, where appropriate:

      • correspond to the description given by the seller and possess the qualities that he has presented to the Buyer in the form of a sample or a model

      • present the qualities that a Buyer may legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;

    • Or have the features defined by mutual agreement by the parties or be fit for any special purpose sought by the Buyer, made known to the seller and that the latter has accepted. "

  • Article L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the property."

  • Article 1641 of the Civil Code: "The seller is bound by the guarantee for reasons of hidden defects of the object sold which render it unfit for the use for which it is intended, or which diminish so much this use, that the Buyer would not have bought it, or would have given a lower price, if he had known them. "

  • Article 1648 paragraph 1 of the Civil Code: "The action resulting from latent defects must be brought by the purchaser, within two years from the discovery of the defect."

Warranties Concerning the WebSite :

The Sac du Berger does not give any guarantee on the website and / or the content. In particular, the Sac du Berger does not give any guarantee as to the conformity of any element of the site for special use.

The Sac du Berger does not guarantee that the operational functions of the website as well as the content or any other element appearing on the site, will be available at any time, uninterrupted or error-free.

In addition, the Sac du Berger does not guarantee that any defects or errors will be corrected immediately or that the site or its server will be free from viruses or other components that may cause damage at any time.

Article 13 : Product Return

The return process applies in case of commercial warranty or legal warranties as well as for the right of withdrawal. If the return procedure is not respected, the Sac du Berger will not be able to respond to the Customer's request.

Return Procedure :

Any return of goods requires the prior consent of the Sac du Berger. For this purpose, it is best to contact us by phone at 00(+33) 565993660. The returned item must be accompanied by a copy of the order form or invoice. The Customer is invited to indicate the reason for the return so that the Sac du Berger can improve its products and services.

The Customer is solely responsible for the package and its contents during the return, the Sac du Berger therefore invites the Customer to take all necessary measures to ensure the risk of loss, theft or damage.

The Sac du Berger advises the Customer to return the goods by registered or postage follow-up and possibly subscribe an insurance with the carrier that covers the market value of the products.

The package must be sent to the following address:

Le Sac du Berger
Layrolle
12540 Latour-sur-Sorgue

France

Reminder regarding Return Cost fees:

The Sac du Berger does not support the return costs. The return shipping costs are entirely of the responsibility of the Customer and will not be reimbursed by the Sac du Berger, except in case of a non-compliant product.

Article 14 : Nominative data - Provisions of the law «informatique et libertés» ("computer and freedoms")

In accordance with the law relating to data, files and freedoms of January 6, 1978, the personal information relating to Customers may be subject to automated processing. They will be used by our internal services for the processing of your order, for statistical analysis and for our customer file in order to personalize our communication and our product offer. In accordance with the French law "Informatique et Libertés" n ° 78-17 of January 6, 1978, the website www.lesacduberger.com has been the subject of a declaration to the National Commission Informatique et Libertés (CNIL) under No. 1569987 v 0.

At any time, the Customer has a right to access, modify, rectify and delete data concerning him (art 34 of the law "Informatique et Libertés" of January 6, 1978). To exercise this right, the Customer can either contact Le Sac du Berger by clicking here, or directly modify his information by accessing the "My Account" section.

To know the details of our Privacy Policy and the precautions taken to maintain the confidentiality of personal data, click here

The Customer is likely to receive offers from the Sac du Berger (Newsletter). If the Customer does not wish to receive these offers, he can at any time make the request by contacting the workshop or unsubscribe to the newsletter via the Customer area (section: "My account"> "Subscribe to the newsletter" ).

Article 15 : Responsability

Force majeure :

The Sac du Berger cannot be held responsible for any breach of its contractual obligations resulting from a case of force majeure or fortuitous.

Internet Network:

The responsibility of the Sac du Berger cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in service, external intrusion, the presence of computer viruses, data loss or other unintended problems.

It is the Customer's responsibility to verify or have his computer and / or telecommunications equipment adapted and compatible with the Sac du Berger's site prior to any use. It is also the responsibility of the Customer to put in place all reasonable and necessary protections against harmful programs, devices or communications, including anti-virus software.

Links to other sites :

On the website of the Sac du Berger, hypertext links can refer to other sites than that of the Sac du Berger.

In case of hypertext links pointing to other sites, Le Sac du Berger would not 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 non-compliance by these sites with the legal or regulatory provisions in force. For any problem, it is advisable to contact the persons in charge of the site in question.

Indirect Damages:

Under this contract, indirect damages do not qualify for repair by the Sac du Berger.

Article 16 : Applicable fees - Litigation

These General Conditions of Sale are subject to 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 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 case of dispute, the Customer agrees to contact in priority the Sac du Berger in order to agree on an amicable solution. In the case of an amicable solution, the fact of not exercising one of the rights conferred on it under the contract can not be interpreted for the future as a waiver of the right in question or as an obstacle to exercise any other right.

Article 17 : Comments, criticisms, communication :

All guest reviews are monitored and moderated by the Sac du Berger's team.

The Customer declares that he owns or holds the necessary rights to the content he transmits.

Where statements violate law and ethics or comments are out of context, the Sac du Berger reserves the right, in its sole discretion, to remove or modify any content.

Article 18 : Customer Service Contact

For any information or question, contact the workshop by filling out the contact form by clicking here. The Sac du Berger's team will handle any request as soon as possible.

It is also possible to contact Le Sac du Berger by phone on +(33) 5 65 99 36 60 or by mail to:


Le Sac du Berger
Layrolle
12540 Latour-sur-Sorgue

France

Article 19 : Customer Contact

The 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 address of the Customer registered in our files. The Customer acknowledges and accepts that either of these methods of notification is sufficient for its information.