Barrie France (hereafter "Barrie France" or "we", "our") attaches great importance to the protection of your privacy and your data.
We are committed to offering very high quality products and services. Our repeat or potential customers have great value in our eyes and we accordingly seek to protect your personal data to best advantage.
Barrie France’s data protection policy explains how Barrie France collects, processes and protects your personal data when you consult our barrie.com web site (hereafter the "Site"), when you contact us or purchase our products on the Site or when you communicate your data to us when you make a purchase in a store (even for receiving our newsletters and other market research messages), as required by the data protection laws currently in force in the countries where we do business, in particular the European General Data Protection Regulation (Regulation 2016/679, known as the "GDPR").
We have introduced a solid data protection compliance programme, which includes the worldwide adoption of the very strict principles dictated by the GDPR in this respect. This programme includes:
The Site and the sales (via the Site in store) are managed/made by Barrie France, which must be considered the controller.
Any marketing communications are also sent to you by Barrie France.
If you wish to contact us, please refer to the section entitled "How to contact Barrie France for any question concerning data protection" below.
The information that you provide to us directly.
This information is collected online on the Site, for instance when you fill in the "contact" form, when you create your customer account and make a purchase in the online shop. This includes information you provide when you wish to be included in our customer file following a purchase in store and/or when you agree to be contacted to inform you of our events and collections.
Important: When we collect personal data by means of forms, including but not limited to electronic forms, we indicate the required fields with asterisks. If fields marked with an asterisk are left blank, you may not be able to access our products or services. Please ensure that the personal data you provide is correct/accurate, and do not disclose any content that is not specifically required by a questionnaire or by any other means we may use to collect data (such as commercial information, advertisements, personal creations, ideas or concepts).
Information about you that we obtain indirectly.
Other information concerning you is collected indirectly when you consult the Site. This information is necessary in technical terms for the normal operation of the Site, to improve your browsing experience or to enable us to carry out analyses with a view to serving you better by customising the online services that we offer you.
Our Site does not specifically target children under the age of 15. Nevertheless, if we inadvertently collect information concerning minors, the legal representative of the minor concerned can exercise the rights of the said minor in his/her name and on behalf of the latter at any time (see below).
If you are a repeat or potential customer of Barrie France we may use your personal data to:
Our processing of your personal data is based on our obligation to comply with all applicable laws and regulations.
It is also based on the need to fulfil our contract of sale with you.
We can also rely on our legitimate economic/commercial interest to offer you an attractive Site, propose appropriate offers, better understand your needs, answer your enquiries and fulfil our commitment to offer you uninterrupted after-sales services and a high-quality customised treatment in the long term.
Within Barrie France, your personal data can only be accessed by a limited number of persons needing to know it as part of their jobs (for instance, the Customer Relations team, the Sales and IT team) can access your personal data.
Outside the Barrie France company. Your personal data is not disclosed to third parties, apart from other Barrie France entities and/or affiliated companies for the aforesaid purposes, and service providers acting on behalf of Barrie France, on the basis of secure contractual agreements that include strict obligations pertaining to data protection. We more particularly communicate your personal data to service providers or suppliers that help us run the Site, conduct our business, provide you with services or protect the security and integrity of our business (including maintenance, security and IT service providers, hosting companies, payment service providers, marketing and advertising partners).
We may also be obliged to transfer your personal data to third parties if the competent authorities so require, in accordance with current laws and regulations. We may also need to transfer your personal data to another legal entity in case of a collaboration, joint venture, restructuring plan, change in legal status or any other similar event. In the event of a merger or sale of the company, your personal data will be transferred to our successor once and for all.
Data transferred abroad
Current statutory and regulatory requirements are considered before any transfer of your data abroad.
A copy of these documents will be sent to you on request.
In parallel to our commitment to offer very high quality products and services, we consider that our products should entitle you as a customer to a customised treatment and to incomparable after-sales services, which may last for life for certain products. To that effect, and to guarantee you such services, we may need to keep your personal data as long as necessary to be able to provide you with the said services.
Your personal data will more particularly be stored up to your last use or last purchase of our products or services (i.e. for the duration of the business relationship), and in principle up to five years thereafter pursuant to the applicable limitation periods.The cookies managed by Barrie France are kept for up to thirteen (13) months.
Barrie France abides by the storage periods imposed by current laws and regulations. If your data is no longer needed to provide a service (including the aforementioned after-sales service) or if you no longer wish to be on our mailing list for newsletters/marketing messages, your data will be erased or archived in an anonymous or pseudonymised form in order to comply with current regulations.
To exercise the aforementioned rights, please contact us through the channels indicated below with the following information: first name, last name, e-mail address or any other information needed to confirm your identity and enable us to process your request (your postal address for instance).
You also have the right to unsubscribe from our newsletters and other marketing messages at any time:
Finally, you are entitled to lodge a complaint with the competent supervisory authorities in the event of a breach of current data protection laws and regulations, in particular the GDPR, but also any other national or regional law concerning the protection of your data.
Cookies contain data that a web site can transfer to your web browser and that is stored on your computer system. For instance, cookies placed on your system improve your online experience by enabling us to save your preferences.
We use cookies to:
We more particularly use the following cookies:
Type of cookie |
Necessary cookie/technical cookie |
Analytics cookie |
Purpose of the cookie |
These cookies are essential to the normal operation of our Site and enable you to use certain parts of it. For instance, they let you navigate between different parts of the Site, fill in forms, purchase products online, etc. If you refuse these cookies, certain parts of the Site will not work or will work only partially. |
These cookies let us recognise visitors to our Site, count them and identify the way they browse. This helps us improve user browsing and ensure they can find what they are looking for more easily and quickly. |
Name of the cookie |
cookie_notice_accepted
|
_ga _gat _gid AMP_TOKEN _gac_<property-id>
|
Own cookie/third-party cookie |
Own Cookie |
Google Analytics |
Storage period |
13 months |
13 months |
We may also collect your IP address in an abbreviated and unreadable form that cannot identify you.
If you wish to configure your browser in such a way as to disable the installation of cookies, follow the instructions below:
For Mozilla Firefox: select the "Tools" menu then "Options". Click the "Privacy" icon, locate the "Cookies" menu and select your preferred options.
For Microsoft Internet Explorer 6.0 and later versions: select the "Tools" menu then "Internet options". Click the "Privacy" tab and select the desired level with the slider.
For Opera 6.0 and later versions: in the "File" menu, select "Preferences" then click "Privacy" and select the desired options.
For Safari: in the Safari menu, select "Preferences" then click "Security" and select the desired options.
For Google Chrome: select the Chrome menu then "Settings" and click "Advanced settings". In the Privacy section, choose "Content settings", then in the "Cookies" part you can select your options.
Be aware that the fact of restricting cookies can adversely affect your user experience and prevent you from using parts of our web site.
To exercise your rights, send your request:
This policy concerning data protection was updated on 17/08/2020. With regard to any modifications liable to be made to this Policy, please consult the "Personal data" section on our web site at regular intervals. We will inform you of any significant modifications by any appropriate means.
Unless otherwise specified, this legal notice applies to your use of the www.barrie.com web site, including any versions adapted for use on mobiles, tablets and smartphones. The www.barrie.com site is hereafter termed the "Site".
The Site may contain links to other web pages or other Barrie resellers websites (hereinafter referred to as “Third Party Sites”). The use of Third Party Sites is subject to the specific term and conditions of these Sites, and accessible from these Third Party Sites.
This legal notice refers to the following additional terms, which also apply to your use of the Site:
The Privacy Policy;
The Barrie France Terms and Conditions of Sale will apply to the online sales offer of items under the Site's headings “Pullovers”, “Cardigans & outerwears”, “Trousers & skirts”, “Dresses”, “Accessories”, “Timeless”, “Men”and (hereafter the "Shop").
Barrie France is a "Société par actions simplifiée" (French simplified joint-stock company) with share capital of 1 000.00 euros, having its registered office at 12 Rue Duphot – 75001 Paris, and listed in the Trade & Companies Register under number 802 436 667 and under the following intra-community VAT number: FR 008 02 436 667.
Barrie France is the distributor of the Items of Barrie Knitwear Ltd, a company incorporated under English law, registered under number 02997679, having its registered office at 5 Queensway, Croydon, UK, CR9 4DL.
Barrie France is the publisher of the Site, of which Mr Jacques Chenain is the publishing Director.
For any question concerning an Item or the order you have placed on the Shop, please contact us:
The Site is hosted by Equinix, 114 rue Ambroise Croizat - Saint-Denis 93200, France.
Access to the Site and use of its content is governed by the terms of use set out in this legal notice. By using this Site you agree unreservedly to the terms of use below.
Barrie France and Barrie Knitwear Ltd and/or its affiliated companies worldwide is/are the owner(s) of the "www.barrie.com" domain names. The Site is an intellectual work protected by intellectual property laws. The Site as a whole and the items sold on it, and each of the elements of intellectual property making it up (such as texts, tree structures, software, animations, photograph, illustrations, diagram, logos, brand names and designs) are the exclusive property of Barrie France and Barrie Knitwear Ltd and/or its affiliated companies worldwide and/or have been lawfully licensed to Barrie France and Barrie Knitwear Ltd. Barrie France and Barrie Knitwear Ltd and/or its affiliated companies worldwide alone is/are authorised to use the related intellectual property rights.
Use of any part of the Site, in particular by downloading, reproduction, transmission, representation or distribution for any purpose other than your personal and private use, whether or not for commercial purposes, is strictly prohibited. Any breach of these terms exposes you to legal sanctions.
When you use a "Share" function on the Site to present a product, event or statement of Barrie brand, you recognise and agree that the content thus shared can only be used for purely personal purposes, to the exclusion of any commercial use on commercial sites or web pages and/or any other digital media.
Barrie France and Barrie Knitwear Ltd are free to modify the Site's content at any time without notice.
Barrie France and Barrie Knitwear Ltd make every effort to ensure that all the information accessible on or via the Site and/or Third Party Sites is correct and up to date. However, Barrie France and Barrie Knitwear Ltd can in no way guarantee that the said information is correct, complete and up to date. Barrie France provides no express or tacit guarantee concerning any part of the Site and/or Third Party Sites.
Subject to provisions specific to online sales, Barrie France cannot accept liability for any direct or consequential damage, whatever the cause, origin, nature and consequences thereof, arising from the consultation or use of the Site. In particular, Barrie France accepts no liability for any interruption or unavailability of the Site, the occurrence of bugs or any damage resulting from fraudulent acts committed by third parties (such as intrusion) through the Site.
Barrie France does its utmost to ensure the security of files containing personal data collected on the Site. Barrie France does not control the risks arising in the use of the Internet and draws your attention to the possible existence of risks to the confidentiality of data transmitted on this network.
For any question concerning the guarantee and responsibility rules applying to the Shop, please read Barrie France’s Terms and Conditions of Sale available on the Site.
Where applicable, and to the exclusion of an online purchase, the prices posted on the Site are in euros inclusive of tax.
For orders placed via the Shop, delivery charges of fifteen (15) euros or customs duty depending on the place of delivery are added to the total amount of the order inclusive of tax. The prices stated on the Shop are contractually binding and correspond to the selling prices of the items for consumers. More details of prices are available under the "Prices" heading in the Terms and Conditions of Sale..
Online orders via the Shop may only be made for delivery within Europe via the English and French language versions of the Site. If you wish to make an order for delivery outside of Europe you must make an order through a linked Third Party Site.
Barrie France and Barrie Knitwear Ltd are not responsible for Third Party websites having a hypertext link to or from the Sites or Third Party Sites or the content of those websites. Barrie France and Barrie Knitwear Ltd do not control any of these sites, nor the items or services offered on these sites. Barrie France and Barrie Knitwear Ltd accept no responsibility for the accuracy of the information provided on these sites or for any goods or services provided or purchased on these sites. The creation of hyperlinks to the Site is subject to the prior written permission of Barrie France and/or Barrie Knitwear Ltd, which can be withdrawn at any time.
Barrie France advises you that this notice may be modified at any time. Such modifications are published online and are deemed to be accepted unreservedly when you access the Site after they have been put online. We recommend that you consult this page at regular intervals.
This legal notice complies with French law (with the exception of any provisions herein that specify the applicability of a foreign law), in particular 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 instruction 95/46/EC (general data protection regulation ) and the provisions of law no. 2004-575 of 21 June 2004 for confidence in the digital economy. The French courts of Paris have territorial jurisdiction to hear any dispute concerning the Site, apart from rules of special jurisdiction, more particularly in the event of a dispute with a consumer.
Last updated on 09/11/2020
Copyright © Barrie France
Under the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017, all companies with 250 or more employees are required to annually report their Gender Pay Gap based on calculations of the difference between the average earnings of men and women. Our statement sets out the information in relation to Barrie Knitwear Limited and our continued commitment to equality at Barrie.
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 and the United Kingdom (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.
Placing an order on the Site implies the Customer's unqualified acceptance of all the provisions of the TCS appearing on the Site at the time of ordering. 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 want the contractual relationship to be governed by the new version of the TCS applying to any new orders should cease placing 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 are invited to 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 are invited to check their shopping basket by clicking the "Basket" icon. At that point they can then correct any typing errors, 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:
A customer account grants Customers access to their personal "Mon Compte" area, in which among other things they can track their orders and view their ordering history.
The Seller cannot accept liability for any inaccurate particulars provided by Customers when they create their customer account and/or place an order.
Customers are required to constantly 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, Customers must:
They 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. Equally, the Seller shall not be liable if the administrative and/or technical processing of an order on the Site is disrupted by a virus, computer bug, unauthorised human intervention or any other cause beyond the Seller's control, or if there is a strong 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.). However, the Seller cannot accept any liability for minor variations in the presentation of the Items or for any ensuing differences in appreciation thereof.
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".
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 accepts no liability for stock shortages or unavailability of Items.
4 - Price and Terms of Payment:
4.1. – Prices
The prices of Items are stated inclusive of tax in euros.
They do not include delivery charges of fifteen (15) euros or customs duty billed to the Customer in addition depending on the place of delivery, as stated on the Site before confirmation of the order.
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 cannot 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 Carte Bleu bank card, Visa, Mastercard or American Express. 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 will be released from any obligation and liability vis-à-vis 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.
Customers bear the consequences (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 also undertakes to 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).
It should be noted that the above provisions do not preclude the Customer's right to cancel, as stated in section 6 below, or the Customer's benefit of the guarantees given, as stated in clause 7 below.
6 - Right to cancel
It should be pointed out that if the Seller's Site offers Items that can be customised (for instance engravings or the Customer's initials), the right to cancel and this clause 6 do 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.
You have 14 business days from the date you received your order to return all or part of the products you have purchased. You have 30 business days for orders placed in December.
To ensure your return is processed as efficiently as possible, Barrie invites you to comply with these terms and conditions of return:
Barrie reserves the right to refuse acceptance of any products that do not fulfil these terms and conditions of return and to return them to the client where applicable.
To ensure your return is processed as efficiently as possible, please follow the procedure below:
Returns can’t be accepted in store.
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.
The delivery charges incurred to deliver the order will also be refunded to the Customer, except in case of partial return of the Items. In such cases, the Customer will have received the remaining Items for which (s)he did not exercise his/her right to cancel. 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.
Repayment 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:
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.
For your information it should be noted that 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.
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 which case the Seller, affected by the case of force majeure, 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:
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
1. Delivery areas
Barrie France ships 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
United Kingdom
If you do not find your country in the list, please contact our Customer Service, available from Monday to Saturday from 11am to 7 pm, by phone: +33 (0) 1 49 27 03 86 or email: [email protected]
2. Shipping costs and delivery times
Shipping cost is fixed (15 €) and set by Barrie France.
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.
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.
In the event of absence or late delivery, the Customer must e-mail at [email protected] as soon as possible.
Barrie France accepts credit and debit cards issued by Carte bleue, Visa, MasterCard, American Express. 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.
Payment is in Euros.
Transactions are secured by our partner Adyen and its payment system. All information communicated in order to process your payment is encrypted using the SSL (Secure Socket Layer) protocol. This data is not retained on our IT systems.
You have 14 business days from the date you received your order to return all or part of the products you have purchased. You have 30 business days for orders placed in December.
Terms and conditions of return
To ensure your return is processed as efficiently as possible, Barrie invites you to comply with these terms and conditions of return:
Barrie reserves the right to refuse acceptance of any products that do not fulfil these terms and conditions of return and to return them to the client where applicable.
Return procedure
To ensure your return is processed as efficiently as possible, please follow the procedure below:
Returns can’t be accepted in store.