Terms & Conditions of sale – Barrie France Last updated on 29/01/2021

Last updated on: 29/01/2021

 

 

1 – Subject and Scope

 

 

The Seller delivers Items to the following countries: Austria, Belgium, Bulgaria, Cyprus, Croatia, Czech Republic, Denmark, Estonia, Finland, metropolitan France (including Corsica), Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden the United Kingdom, and the continental United States (other than Kansas) (hereafter the “Territory“).

 

Purchases of Items on the Site are exclusively reserved for adult non-trade consumers having full legal capacity (hereafter the “Customer“). Our sales are retail sales for strictly personal use. Consequently, sold Items can on no account be resold as new by the Customer in commercial firsthand sales circuits. The Seller reserves the right to limit the quantity of Items purchased by the same Customer if the quantity appears incompatible with personal use.

 

By placing an order on the Site , Customer accepts all the provisions of this TCS. The TCS may be modified by the Seller at any time. The applicable TCS are those in force on the Site when the Customer places an order under the conditions set forth below, which will be provided in paper format in the parcel.

 

Customers who do not agree to the new version of the TCS applying to any new orders must not place orders on the Site from the effective date of the new version thereof.

 

These TCS can be saved and/or printed and can be accessed on all the pages of the Site. They are provided in French and English.

 

 

2 – Ordering process

 

To order an Item, Customers shall select the Item on the Site and add it to their shopping basket by clicking the “Order” button. Customers can then continue purchasing Items by clicking the “Back” button. Customers can at any point modify or remove selected items on the shopping basket page by clicking the “Basket” icon displayed in the top right-hand corner of all the Site’s pages.

 

When their selection is complete, Customers will check their shopping basket by clicking the “Basket” icon. At that point they can then make, modifications concerning the nature of the Items in particular, by clicking “Modify” or “Remove“. After checking the details of their orders, Customers must confirm their orders by clicking “Confirm“.

 

Customers are hereby informed that all items selected in their shopping basket that are not paid for remain available for sale for other buyers and that the Seller cannot guarantee the price applying on the day the items are selected if the order is not confirmed, as the applicable price is the one applying on the day the Customer pays.

 

After confirming the order by clicking the “Confirm” button, Customers have 3 options:

  • order as guest (without creating a customer account);
  • order using their customer account and logging in with their user name and current password (hereinafter “Secure Login Details“);
  • order by creating a customer account.

 

A customer account grants Customers access to their personal “My Account” area, in which among other things they can track their orders and view their ordering history.

 

The Seller cannot accept liability for any inaccurate information provided by Customers when they create their customer account and/or place an order.

 

Customers are required to ensure the security of their Secure Login Details. Accordingly, any purchase made using their Secure Login Details is deemed to have been made by themselves. If Customers lose or forget their Secure Login Details, they can recover them by clicking “Forgot Password” under “My account” (by clicking the button in the top left-hand corner). The Secure Login Details will then be e-mailed to the address provided when the customer account was created.

 

To finalise an order, a Customer must:

  • indicate or confirm their address of delivery and billing,
  • select the delivery method from among those offered (delivery times and costs vary according to delivery method and are stated at this point),
  • check the summary of their order (and modify it in case of error), and
  • confirm that they have read and understood these TCS by ticking the box labelled “I have read and I accept these terms and conditions of sale” (a link to the TCS is displayed at this stage).

 

A Customer must then accept their order and pay by clicking the “Proceed to checkout” button which brings up the secure payment page.

 

The sale is only deemed complete after receipt of full payment by the Seller, which is confirmed by the Seller e-mailing the Customer confirmation of acceptance of the order at the e-mail address provided by the Customer, who formally accepts use of e-mail for the Seller’s confirmation of the order.

 

Customers can track their order on the Site and contact the Seller’s customer service (hereafter the “Customer Service“) by telephone at the number stated under “Contact” or by e-mail at [email protected]

 

The Seller reserves the right to refuse to honour a Customer’s order if the order appears to be abnormal, excessive or in breach of the provisions of the TCS. The Seller shall not be liable if the administrative and/or technical processing of an order on the Site is disrupted for any reason, including by a virus, computer bug, unauthorised human intervention or any other cause beyond the Seller’s control, or if there is a presumption of fraud, or in case of any form of fraud, committed in particular by computer, in which case the Seller reserves the right to interrupt or cancel the outstanding order.

 

 

3 – Information on the Items

 

3.1. – Characteristics of the Items

 

The Seller has paid the utmost attention to the characteristics, descriptions, colours, photographs and representations of the Items on the Site, which are presented as precisely and accurately as possible (specifications, illustrations, size, composition, etc.). Seller presents the Site content “as it” and make no claims as to its accuracy, either expressed or implied. Seller reserves the right to amend errors, or to update product information at any time, without prior notice.

 

Customers are invited to refer to the description of each Item to take cognisance of its properties and distinctive features, more particularly with regard to the desired characteristics and size, as the Customer alone is responsible for the choice and purchase of an Item. Customers can also at the Customer Service any time contact by e-mail at [email protected] or by telephone on the number stated under “Contact”.

 

Seller endeavors to present accurate information on the Site at all times.  However, there may be occasions when information on the Site may contain pricing and or other errors.  Seller reserves the right to revise pricing and other errors and to cancel any order a Customer may have placed if there was an error concerning the price or availability of any item Customer ordered when Customer placed an order, even if Customer has received an order confirmation.  Any such errors are wholly unintentional and Seller apologizes if the erroneous information in any way affects Customer’s individual order.

 

 

3.2. – Availability of the Items

 

The Items presented on the Site are available for sale while stocks last. Details of availability are provided on the Site when the order is placed and the Seller makes every effort to update these Item availability details on a regular basis. If an ordered Item is not in stock despite the Seller’s best efforts, the latter will so inform the Customer by any means (phone call or e-mail) as soon as possible. The order concerned will be cancelled and the Customer will be reimbursed for the price paid for the Item concerned within no more than fourteen (14) calendar days of the cancellation.

 

The Seller shall have no liability for stock shortages or unavailability of Items.

 

4 – Price and Terms of Payment:

 

4.1. – Prices

 

If the Customer is located in Europe, the prices of Items in euros are stated inclusive of tax.

For Customer with a delivery address in Europe, prices in euros in the Site include delivery charges, customs duty and tax.

 

If the Customer is located in the continental United States, the prices of Items in dollars are stated exclusive of applicable sales tax.

For Customer with a delivery address in the continental United States, prices in dollars in the Site include customs duty but not delivery charges of fifteen (15) dollars and not applicable sales tax.

 

The Seller reserves the right to modify its prices without notice at any time. However, Items are billed to the Customer on the basis of the prices applying on the Site at the time of ordering and the Seller will not modify them when payment for the order has been made.

 

4.2. – Payment terms and methods

 

The total amount due by the Customer is indicated before final confirmation of the order on the Site.

 

Payment for the order is made solely on the Site by the following credit and debit cards Carte Bleu bank card, Visa, Mastercard or American Express. Discover and Diners credit and debit cards are accepted only for payment for the order in the Continental United States. To make a payment, the Customer must enter the card’s details, including the name of the cardholder, the card number, its expiry date and its 3-digit security code. Payments are handled by the secure Ayden payment solution.

 

Payment is deemed final after confirmation thereof is sent by the issuer. Should the bank reject the payment, the order will be automatically refused and the Seller shall have no obligation or liability to the Customer.

 

 

5 – Delivery – Transfer of risk

 

5.1. – Delivery arrangements

 

The Seller delivers its Items only in the Territory.

 

The conditions, prices and delivery lead times stated on the Site can be accessed on the Site at any time by clicking the “delivery and payment” link.

 

The conditions, prices and delivery lead times applying to the order are those indicated to the Customer when the latter selects a delivery method before confirming the order.

 

The Items purchased by the Customer are delivered to the address provided in the order on the Site. No deliveries can be made to PO boxes.

 

 Customer is responsible for liability (e.g., late delivery, impossibility of delivery, Items returned to the Seller, extra transport costs, etc.) resulting from any incorrect and/or incomplete delivery indications they provided and/or their absence at the time of delivery.

 

When their order is dispatched, Customers receive e-mail notification thereof. Customers can track their orders with the number of the parcel provided by the Seller. it is up to the Customer to be present (or represented) at the time of delivery of their order. If a Customer is absent at the time of delivery, the carrier will where necessary leave a non-delivery notice informing him of how and when to collect the parcel.

 

5.2. – Late delivery

 

In the event of absence or late delivery, the Customer must e-mail the Seller at [email protected] as soon as possible or call the Customer Service number stated under “Contact”. Where applicable the Seller will contact the carrier to investigate the matter.

 

If the delivery deadline is exceeded for a reason unrelated to the Customer or in case of force majeure as defined by the French Civil Code and relevant French case law, the Customer may, in accordance with the provisions of article L. 216-2 of the French code of consumer law, charge the Seller to make the delivery within a reasonable time limit by registered letter with acknowledgement of receipt or in writing on another durable medium. If the Seller fails to deliver within this extended time limit, the Customer may cancel his order in another registered letter with acknowledgement of receipt or in writing on another durable medium sent to the Seller. The order will be deemed cancelled when the Seller receives the letter or written cancellation informing it of the cancellation, unless the latter has made the delivery in the meantime. The Customer will then be reimbursed for the price of the order within no more than fourteen (14) calendar days of cancellation thereof. Barring special cases or unavailability of one or more Items, the ordered Items will be delivered in one go.

 

5.3. – Receipt of the Items

 

The risks attached to the Items are transferred to the Customer on delivery, that is, when the Customer (or any third party named by the latter) physically takes possession of the Items concerned.

 

Moreover it is up to the Customer (or any third party named by the latter) to check the number and condition of the Items when they are delivered by the carrier. If the received parcel is open or obviously damaged, or if any of the Items in the parcel are damaged or missing or do not match the order, the Customer (or any third party named by the latter) should refuse the parcel or the Items concerned and make the customary written reservations, on the carrier’s delivery note in as much detail as possible (parcel open, parcel or item(s) damaged or missing or not matching the order, etc.).

 

In any event, the Customer shall notify the Seller forthwith by e-mail at [email protected] or call the number stated under “Contact”, in order to allow the Seller to conduct an investigation with the carrier and/or seek recourse from the carrier within the period specified by the applicable regulations, where appropriate.

 

If an Item is missing, or is refused or returned by the Customer in the above circumstances, the Seller will either refund the Item(s) concerned within fourteen (14) days or reship the damaged or missing Item(s).

 

The above provisions do not preclude the Customer’s return policy, as stated in section 6 below, the Customer’s right to cancel, as stated in in clause 7 below, or the Customer’s benefit of the guarantees given, as stated in clause 8 below.

 

Article 6 – Return Policy

 

The Return Policy and this clause 6 do not apply to Items that have been customised at the request of the Customer (for instance Customer’s initials).

The Customer has 14 business days from the date of the order delivery to return all or part of the Items purchased. 30 business days are applied for orders placed in December.

6.1. – Terms and conditions

To ensure the return is processed as efficiently as possible, the Seller invites the Costumer to comply with these terms and conditions of return:

  • Items must be sent with the return form completed;
  • Items must be returned in their original condition, unworn, with all tags still attached and intact, in their original packaging.

The Seller reserves the right to refuse acceptance of any Items that do not fulfil these terms and conditions of return and to return them to the Costumer where applicable.

6.2. – Procedure

For returns from Europe, the Costumers should follow the procedure below:

  1. Contact the Customer Service by email: [email protected] or phone by calling +33 1 49 27 03 86 from Monday to Saturday from 11:00 AM till 07:00 PM (Paris France Time) to request a return, mentioning the order reference, and the Items to be returned.
  2. Fill out the return form by entering only the Items to be returned.
  3. Place the entire products, with tags still attached and intact, in their original packaging, and enclose the completed return form.
  4. Place the AWB on the package and contact Fedex for the sending.
  5. The return package must be shipped within 14 days from the date of authorization of the return.
  6. Once received, the Seller quality department will validate it according to the criteria. If applicable, the Seller will reimburse the Items within 3 to 5 days.
  7. Returns must be sent by Fedex and can’t be accepted directly in Barrie’s boutiques in Paris (France) or London (UK).

For returns from the continental United States, the Costumer should follow the procedure below:

  1. Contact the Customer Service by email: [email protected] or phone by calling +33 1 49 27 03 86 from Monday to Saturday from 11:00 AM till 07:00 PM (Paris France Time) to request a return, mentioning the order reference and the Items to be returned.
  2. Fill out the return form by entering only the Items to be returned.
  3. Place the entire products, with tags still attached and intact, in their original packaging, and enclose the completed return form.
  4. Contact Fedex or another carrier chosen by the Costumer. The cost of the sending will be upon the Costumer.
  5. Send the package to the following address: Barrie France, 12 Rue Duphot – 75001 Paris (France)
  1. Once received, the Seller quality department will validate it according to the criteria. If applicable, the Seller will reimburse the Items within 3 to 5 days.
  2. Returns must be sent by carrier and can’t be accepted directly in Barrie’s boutiques in Paris (France) or London (UK).

 

7- Right to cancel

 

If , the right to cancel and this clause 7do not apply to Items that have been customised at the request of the Customer, in accordance with the provisions of article L. 221-28 of the French code of consumer law.

 

The Customer has fourteen (14) days from the date of receipt of the Items to exercise his/her right to cancel, without having to give reasons:

 

  • by printing out the cancellation form, a template of which is provided in appendix 1 of these TCS, filling it in then returning it to the Seller within that deadline, either by e-mail at [email protected] or by post at the following address: Barrie France, 12 Rue Duphot – 75001 Paris (France); or
  • sending the Seller, within such fourteen (14) days, either by e-mail at [email protected] or by post at the following address: Barrie France, 12 rue Duphot – 75001 Paris (France), an unambiguous statement of his/her wish to cancel, and including the particulars the Seller needs to identify the order concerned (full name, date and order number…).

 

The Customer will then have fourteen (14) days in which to return the Items from notification of his/her decision to cancel.

 

The Items must be returned complete, with their original packaging and the labels still attached and intact, so that the Seller can offer them for sale again as new. Items must be returned together with the delivery note provided in the original parcel, to the following address: Barrie France, 12 Rue Duphot – 75001 Paris (France).

 

Customer shall be responsible for the costs and risks of the returned Items and Customer should take all appropriate measures to ensure the items are returned in pristine condition and use a carrier of his/her choosing that can provide proof of shipment of the Items and proof of receipt thereof by the Seller. The Items cannot be returned to a Barrie France shop or any point of sale that sells Barrie France branded items. The Seller will not refund any Items returned by the Customer that do not correspond to the ordered Items, or that are incomplete or damaged and/or that were not purchased on the Site.

 

The Customer may be held liable if the Item is deteriorated by handling other than that involved in trying on an Item in a shop, in particular by wearing it. The Customer shall consequently try on the Item with all the necessary care, without removing its inner protective film fitted for the purpose.

 

If the aforementioned conditions are met, the Seller will refund the Items concerned within no more than 14 of (i) their return, or (ii) the date on which the Customer provides proof of shipment thereof (whichever date is the earlier), the rest of the order remaining firm and final. Proof of shipment of the Items includes any means that incontrovertibly evidences shipment of the Items to the Seller.

 

Only for orders delivered in the continental United-States, the delivery charges of fifteen (15) dollars incurred to deliver the order will not be refunded to the Costumer. The other costs of purchase of the Item (such as customs duties where applicable) and the cost of returning it will not be refunded and remain chargeable to the Customer.

 

Refunds will be made by the same means of payment as that used by the Customer, or if the Customer agrees, by any other means of payment, at no additional charge to the Customer (bank transfer).

 

If the Items are returned after the fourteen (14) day deadline from the Customer’s decision to cancel (the date stated on the proof of shipment being legally binding), or if the aforementioned conditions are not met, the Seller may refuse to refund the Customer. If the refund is refused, the Items may be returned to the Customer at the latter’s expense if (s)he so requests, within 2 months of the request.

 

 

7 – Legal guarantees

 

The Seller is bound by the legal warranty of conformity and the warranty concerning defects in the object of purchase.

 

With regard to the legal warranty of fitness, the Customer:

 

–          Has 2 years from delivery of the item to act vis-à-vis the Seller;

–          Can choose compensation or replacement of the item, subject to the cost conditions stated in article L. 217-9 of the French code of consumer law;

–          Is not required to prove the existence of the non-conformity of the item during this period.

 

It should be noted that the statutory warranty of fitness applies irrespective of any commercial warranty granted.

 

The Customer may decide to claim under the guarantee against hidden defects in the object of purchase as defined by article 1641 of the French Civil Code and as provided for by articles 1641 to 1648 and 2232 of the French Civil Code.

 

In such cases, the Customer can choose to cancel the sale or claim a reduction in the selling price, in accordance with article 1644 of the French Civil Code.

 

 

Article L217-4 of the French code of consumer law: The seller is required to deliver goods compliant with the contract and is responsible for any non-conformities existing on delivery. It is also liable for any non-conformities resulting from the packaging and the assembly or installation instructions when it is contractually responsible for the latter or the latter has been carried out under its responsibility.

 

Article L217-5 of the French code of consumer law: To be compliant with the contract, the goods must be:

1°. Fit for the intended purpose usually expected of similar goods and, where applicable:

  • match the seller’s description thereof and have the qualities presented to the buyer in the form of a sample or model;
  • present the qualities that a buyer can legitimately expect, in view of the public statements made by the seller, the producer or its representative, notably in advertisements or on the labelling;

2°. Or present the characteristics specified by mutual agreement of the parties or be fit for any special purpose the buyer has specified to the seller that the latter has accepted.

 

Article L217-12 of the French code of consumer law: Any action brought in respect of a lack of conformity lapses two years after delivery of the goods.

Article L217-16 of the French code of consumer law: When the buyer asks the seller for a repair covered by the guarantee during the period of the said guarantee granted when the moveable good was acquired or repaired, any period of immobilisation of at least seven days is added to the remaining period of the guarantee. This period starts when the purchaser requests action or make the good in question available for repair, if this postdates the request for action.

Article 1641 of the French Civil Code: The seller is bound by the guarantee in respect of any hidden defects in the object of purchase that render it unfit for its intended purpose or that diminish its usability to such an extent that the buyer would not have purchased it or would have paid a lower price for it had he or she had knowledge thereof.

 

Article 1648 paragraph 1 of the French Civil Code: Any action resulting from latent defects must be brought by the buyer within two years of discovery thereof.

 

Customers wishing to exercise their rights under one of their statutory guarantees are invited to contact the Customer Service (by e-mail at [email protected] or use the phone numbers indicated under “Contact”). The Seller may ask the Customer to provide any relevant information in order to ascertain whether the reported defect is covered by a statutory guarantee. If it is, the Seller will tell the Customer what procedure to follow to return the Item concerned, the cost of the return being borne by the Seller.

 

Statutory guarantees do not cover damage or defects resulting from an external cause (accident, knock, etc.) or from the Customer’s misuse of the Item.

 

Equally, this clause does not apply if the Items were not purchased on the Site, as statutory guarantees are binding on the seller from which the Items were purchased.

 

Except as otherwise set forth herein, Customer agrees that use of the Site and purchase of Items is entirely at Customer’s own risk. The Site and Items are provided as is, and except as set forth in this section, Seller disclaims any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products or services, and 2) any warranties or title or warranties of merchantability or fitness for a particular purpose.

 

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Customer specifically acknowledges the Seller is not liable for the defamatory, offensive or illegal conduct of other customers or third parties and that the risk of injury from the foregoing rests entirely with customers.

 

Neither the Seller nor any of its agents, affiliates or content providers shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Site or inability to gain access to or use the Site or out of any breach of any warranty. Customer hereby acknowledges that the provisions of this section shall apply to all content on the Site and Items purchased hereunder.

 

 

8 – Personal data

 

Customers are informed that any information connected to their orders undergoes automated data processing, in accordance with the principles stated in the personal data policy published on the Site.

 

The Seller undertakes to respect the confidentiality of the personal data communicated by the Customer on the Site and process it in accordance with the provision of regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing directive 95/46/EC (general data protection regulation).

 

 

9 – Correspondence

 

Any question and/or correspondence and/or complaint concerning an order placed on the Site must be sent to the Customer Service by e-mail at [email protected] or by calling the number (free of charge from a landline) stated under “Contact”.

 

No complaint will be handled in a Barrie France shop or a retail outlet in which Barrie France branded items are sold, and no exchange will be offered in the said outlets.

 

 

10 – Force majeure

 

The Seller accepts no liability for total or partial failure to meet its obligations under a contract of sale and these TCS if this is caused by a force majeure event in the conditions defined by the French Civil Code and the case law of the Court of Cassation.

 

In the event of a force majeure, the Seller will so inform the Customer by e-mail within no more than ten (10) days of the occurrence of the said event, indicating the foreseeable length and effects thereof, and will do its utmost to mitigate its effects. The Customer may ask the Seller to cancel the sale by e-mail at [email protected] or by calling the numbers stated under “Contact”.

 

The obligations will again be binding when the force majeure event ends and the Seller has duly informed the Customer thereof.

 

 

11- Partial nullity

 

If one or more stipulations of the TCS are deemed invalid or declared as such by a law, a regulation or a final ruling by a competent court, the other stipulations will remain in force under the same terms and conditions.

 

 

12 – Governing law/Settlement of disputes

 

These TCS and all orders placed on the Site in accordance with these TCS are governed by French law, barring legal provisions to the contrary imposing the applicability of a foreign law.

 

For any complaint or dispute concerning the Site, these TCS and/or an order, and before any application for mediation, the Customer should contact the Barrie France Customer Service (by e-mail at [email protected] or by calling the numbers stated under “Contact”), to lodge the complaint or dispute and try and find an amicable solution with the Seller.

 

If the complaint cannot be resolved amicably by the Customer Service, the Customer may, as (s)he sees fit:

For the Customer’s referral to the CMAP to be admissible, it must include: the Customer’s postal address, telephone number and e-mail address, the full names and address of Barrie France, a brief summary of the facts, and evidence of the amicable dispute resolution procedures that the Customer has already completed.

 

Article L152-2 of the French code of consumer law: A dispute cannot be examined by a consumer mediator when:

  1. The consumer cannot prove that (s)he has previously attempted to resolve the dispute directly with the professional by filing a written complaint, where applicable by following the procedure stipulated by the contract;
  2. The claim is manifestly groundless or unfair;
  3. The dispute has already been examined or is currently being examined by another mediator or a court;
  4. The consumer submitted the claim to the mediator more than one year after filing the written complaint with the professional;
  5. The dispute is outside the mediator’s remit.

The mediator informs the consumer within three weeks of receipt of the case file that the latter’s application for mediation has been refused.

 

Barring amicable agreement (including via the aforementioned mediation process), or if the Customer wishes to refer the complaint or dispute directly to the courts without attempting to reach an out-of-court settlement, the French courts have territorial jurisdiction to hear the case, barring legal provisions to the contrary that require it to be referred to a foreign court.

 

 

 

 

 

 

Appendix 1 – Cancellation form

 

For the attention of …………………………………. [the professional must insert its name and address geographical here and, when they are available, its fax number and e-mail address]:

I/we (*) hereby notify you (*) that I/we cancel (*) the contract for the sale of item (*)/for the service provision (*) below:

Ordered on (*)/received on (*):

Order number (**):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only if this notification is a paper form):

Date:

(*) Delete as appropriate.

(**) the order number is available in the Customer’s area on the Site