Between the Company EVRISHOP, with a share capital of Lärchenweg 2, Stadt Einbeck, 37574, DEUTSCHLAND
registered in the Trade and Companies Register of DEUTSCHLAND, under the number SIRET represented by EVRISHOP as manager, duly authorized for the purposes hereof.
The company can be reached by e-mail by clicking on the contact form accessible via the home page of the site. Or directly by using the email address: firstname.lastname@example.org
Hereinafter the “Seller” or the “Company”. On the one hand, and the individual or legal entity purchasing products or services from the company, hereinafter referred to as the “Buyer” or “Customer”. On the other hand, it has been exposed and agreed as follows:
The Seller is a publisher of E-commerce Products and Services for consumers, marketed through its websites (http://bariumelectro.com/). The list and description of goods and services offered by the Company can be consulted on the above-mentioned sites.
Article 1 : Object
The present General Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2 : General provisions
These General Terms and Conditions of Sale (GTCS) govern the sale of Products or Services, made through the Company’s websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order. The Seller reserves the right to modify the present terms and conditions at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or first payment in case of multiple payments) of the order. These GTC are available on the Company’s website at the following address: http://bariumelectro.com/.
The Company also ensures that their acceptance is clear and without reserve by putting in place a checkbox and a validation click. The Customer declares that he/she has read all of these General Terms and Conditions of Sale, and, if applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he/she has received the necessary advice and information to ensure the suitability of the offer to his/her needs.
The Client declares that he/she is able to contract legally under the laws or validly represent the natural or legal person for whom he/she is contracting. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3 : Price
The prices of the products sold through the websites are indicated in Euros excluding taxes and precisely determined on the pages of description of the Products. They are also indicated in Euros including all taxes (VAT + other possible taxes) on the order page of the products, and excluding specific shipping costs. For all products shipped outside the European Union and/or Deutch overseas departments and territories, the price is automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not under the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer’s responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary for access to the Company’s websites shall be borne by the Customer. If applicable, the delivery costs are also to be paid by the Client.
Article 4: Conclusion of the online contract
In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract by electronic means in order to complete the order:
- Information on the essential characteristics of the product;
- Choice of the Product, if necessary, of its options;
- Indication of the essential details of the Customer (identification, e-mail, address…);
- Acceptance of the present General Conditions of Sale;
- Verification of the elements of the order (double click formality) and, if necessary, correction of errors. Before proceeding to its confirmation, the Buyer has the possibility to check the details of his order, its price, and to correct any errors, or cancel his order. The confirmation of the order will entail the formation of this contract.
- Then, follow the instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. He will receive a .pdf copy of the present general conditions of sale.
During the ordering process, the customer will have the possibility to identify and correct any errors in the data entry. The language proposed for the conclusion of the contract is English.
The terms and conditions of the offer and the general terms and conditions of sale are sent back to the buyer by e-mail at the time of the order and archived on the website of the Seller. If applicable, the professional and commercial rules to which the author of the offer intends to submit can be consulted in the section “annexed rules” of the present GTC, which can be consulted on the Seller’s website at the following address: http://bariumelectro.com/
The archiving of communications, the order, the details of the order, as well as the invoices is made on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purpose of the order, the Customer undertakes to provide true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 5 : Products & Services
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites, as well as, where appropriate, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by marking, labeling, displaying or any other appropriate process, of the prices and particular conditions of the sale and performance of the services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page.
The selling price of the product is the one in force indicated at the day of the order, this one not including the carriage costs charged in supplement. These possible expenses are indicated to the Purchaser during the process of sale, and in any case at the time of the confirmation of the order. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order. When the products or services are not executed immediately, clear information is given on the product presentation page as to the delivery dates of the products or services.
The Customer certifies that he/she has received details of the delivery charges as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the Seller, its postal, telephone and electronic contact details, and its activities in the context of the present sale. The Seller undertakes to honour the Customer’s order within the limits of the available stocks of Products only.
If the order has been placed, and if no agreement has been reached with the Customer on a new delivery date, the Seller shall refund the Customer. The contractual information is presented in detail and in the English language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The duration of validity of the offer of the Products as well as their prices is specified on the Company’s websites, as well as the minimum duration of the proposed contracts when they concern a continuous or periodic supply of products or services.
Except under special conditions, the rights granted hereunder are granted only to the natural person signing the order (or the person holding the e-mail address provided).
Article 6 : Conformity
In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GTCs comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller remains responsible for the defects of conformity and the hidden defects of the product.
In accordance with Article L.217-4, the seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects of conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
In accordance with the legal provisions concerning conformity and hidden defects (art. 1641 of the Civil Code), the Seller shall refund or exchange the defective products or those that do not correspond to the order. The refund can be requested in the following way: filing a complaint to the address
Article 7 : Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 8 : Terms of delivery
The products are delivered to the address of delivery which was indicated at the time of the order and within the times indicated.
These deadlines do not take into account the preparation time of the order. When the customer orders several products at the same time, they may have different delivery times routed as follows: delivery via one or more packages. In case of delay in shipment filing a complaint to the address.
In case of late delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller shall then proceed to reimburse the product and the “outbound” costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation e-mail in order to follow up the order.
The Seller reminds that when the Customer takes physical possession of the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.
Article 9 : Availability and presentation
In case of unavailability of an article for a period of more than 30 working days, you will be immediately informed of the foreseeable delivery time and the order of this article can be cancelled on simple request. The customer will then be able to request a credit note for the amount of the article or a full refund and cancellation of the order.
Article 10 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card or bank check. Cards issued by banks domiciled outside the country must be international bank cards (MasterCard or Visa).
The secure online payment by credit card is made by our payment provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information.
In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Vendor to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale shall be immediately cancelled by operation of law and the order cancelled.
Article 11 : Withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the date of receipt of his order. The right of withdrawal can be exercised by contacting the Company in the following way: filing a complaint at the address.
We inform Customers that in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item for which a manufacturing or shipping process is underway. In case of exercising the right of withdrawal within the above-mentioned period, the price of the product(s) purchased and the shipping costs will be reimbursed, the return costs remaining the responsibility of the Customer. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they must be accompanied by a copy of the purchase receipt.
In accordance with the legal provisions, you can request the standard form of withdrawal to be sent to us at the following address: filing a complaint at . Refund procedure: the refund procedure can be carried out after an investigation of the product(s) purchased, more details filing a complaint at the address.
Article 12 : Guarantees
In accordance with the law, the Seller assumes the following guarantees: of conformity and relative to the hidden defects of the products. The Seller shall refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The request for refund must be made in the following way: filing a complaint at the address.
The Seller reminds that the consumer :
- has a period of 2 years from the delivery of the goods to act with the Seller,
- that he can choose between replacement and repair of the good subject to the conditions provided for in the above provisions apparently defective or not corresponding,
- that he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good,
- that, except for used goods, this period will be extended to 24 months as of March 18, 2016,
- that the consumer can also assert the guarantee against the hidden defects of the sold thing within the meaning of the article 1641 of the civil code and, in this hypothesis, he can choose between the resolution of the sale or a reduction of the selling price (provisions of the articles 1644 of the Civil code).
Article 13 : Complaints and mediation
If necessary, the Buyer may make any complaint by contacting the company using the following contact information filing a complaint at . In accordance with the provisions of art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he/she may have recourse to a consumer mediator under the conditions provided for by Title I of Book VI of the Consumer Code.
In the event of failure to file a claim with the Seller’s customer service department, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt, in complete independence, to bring the parties together in order to reach an amicable solution.
Article 14 : Termination of the contract
The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:
- delivery of a product that does not conform to the characteristics of the order;
- delivery beyond the deadline set at the time of the order or, in the absence of a deadline, within thirty days of payment;
- unjustified price increase or modification of the product. In these cases, the buyer can demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of collection of the deposit.
Article 15 : Intellectual property rights
The brands, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
Article 16 : Force majeure
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of a fortuitous event or force majeure that would prevent the performance thereof. The seller shall notify the customer of the occurrence of such an event as soon as possible.
Article 17 : Invalidity and modification of the contract
If any provision of this Agreement is invalidated, such invalidity shall not invalidate the remaining provisions which shall remain in full force and effect between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 18 : Protection of personal data
In accordance with Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, the Seller implements the processing of personal data for the purpose of the sale and delivery of products and services defined in this contract.
The Buyer is informed of the following:
- the identity and contact details of the controller and, if applicable, the controller’s representative: the Seller, as indicated at the top of these GTC;
- the contact details of the data protection officer: …….
- the legal basis of the processing: contractual performance,
- the recipients or categories of recipients of the personal data, if any: the data controller, its marketing departments, the departments in charge of IT security, the department in charge of sales, delivery and ordering, the subcontractors involved in the delivery and sales operations and any authority legally authorized to access the personal data in question,
- the duration of data retention: the time of the commercial prescription,
- the data subject has the right to request from the controller access to personal data, rectification or erasure of personal data, or a restriction of the processing relating to the data subject, or the right to object to the processing and the right to portability of data,
- The data subject has the right to lodge a complaint with a supervisory authority – the information requested during the ordering process is necessary for the preparation of the invoice (legal obligation) and the delivery of the ordered goods, without which the order cannot be placed. No automated decisions or profiling is implemented through the ordering process.
Article 19 : Applicable law and clauses
All clauses in these general terms and conditions of sale, as well as all purchase and sale transactions referred to herein, shall be subject to English law. The nullity of a contractual clause does not entail the nullity of the present general conditions of sale.
Article 20 : Consumer information
For consumer information purposes, the provisions of the Civil Code and the Consumer Code are reproduced below:
- Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which diminish this use so much that the buyer would not have acquired it, or would only have given a lesser price, if he had known about them.
- Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller may be relieved of the defects or apparent lack of conformity.
- Article L. 217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
- Article L. 217-5 of the Consumer Code: The goods conform to the contract:
1° Whether it is fit for the purpose ordinarily expected of similar property and, if so :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and that the latter has accepted.
- Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years as from the delivery of the good.
- Article L. 217-16 of the French Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run. This period shall run from the date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
In no case the automatic generation of this document can replace the work of a lawyer or any expert in the field, it is an aid to drafting and a good basis to start.
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