General Terms of Conditions of Sale
- I. ABOUT BÄUMER AND THESE GENERAL TERMS AND CONDITIONS
These Online General Terms and Conditions apply to all sales of Bäumer products that the customer can order on the following e-commerce website:www.baumer-vendome.com
Before placing an order, the customer must accept these General Terms and Conditions. If you do not accept these General Terms and Conditions of Sale, you will not be able to order from the website
Bäumer may change these General Terms and Conditions at any time. However, the General Terms and Conditions applicable to the order are those accepted by the customer at the time of the order.
II. IDENTIFICATION OF THE SELLER
The products are sold by INTERNATIONAL DESIGN AND LICENSING SAS, a sole proprietorship with limited liability, with a share capital of 7 622.45€, whose registered office is located at 19 place Vendôme, 75001 Paris – France, registered with the Paris Trade and Companies Register under the number 384 631 982, telephone: +33 (0) 1 42 86 99 33, email: [email protected]. Its Siret number is 38463198200061 and its intra-community VAT number is FR6038463198200061.
- III. CONDITIONS FOR PURCHASE
Only persons (not legal entities) who: have reached the age of legal majority required to enter into contracts (18 years in most countries); have the legal capacity to enter into contracts; and use a shipping address in the country(ies) we deliver, may order products through the website. If you are under the age of legal majority or for any reason do not have the legal capacity to contract, one of your parents or guardian will need to place your order on your behalf and will be asked to accept these Terms and Conditions.
- IV. PRODUCT INFORMATION
Bäumer makes every effort to ensure the accuracy of the product information. However, we cannot guarantee that the actual appearance of the jewellery corresponds exactly to its appearance on the screen. Colour variations due to computer processing may occur. In addition, information regarding the weight of precious metals and the weight (caratage) of precious stones is provided as an indication and may vary slightly.
Bäumer offers a free personalization service (engraving) on a selection of products. The customer will have to click on “add engraving” and provide the requested information. The customer will have to click on “add engraving” and provide the requested information.
Maison Bäumer reserves the right to reject orders for personalized items that contain inappropriate, illegal or contrary to Maison Bäumer’s brand image.
Orders for personalized products cannot be cancelled and are neither refundable nor exchangeable.
- VI. ORDERING ITEMS
Any order is deemed acceptance of these General Terms and Conditions of Sale, the “Privacy” Policy and the “Cookies” Policy without prejudice to the special contractual conditions concluded between the Parties.
Orders may be placed on the website.
In case of prolonged inactivity of the session, the selection of products can no longer be guaranteed. The customer will have to restart the selection process. The customer will have to restart the selection process.
To order a product, the customer must select it and click on “add to cart”. For rings and bracelets, the customer must first choose the size before adding it to the cart. This shopping cart is not a binding order for Bäumer. For rings and bracelets, the customer must first choose the size before adding it to the cart This shopping cart is not a binding order for Bäumer.
As soon as the customer has selected the items they wish to purchase, they must confirm the basket and place the order. Successive pages will appear to summarize the details of the desired items and their prices, as well as the delivery terms and the payment method the customer will have to select.
The customer must have a customer account to be able to order and must therefore accurately fill in his identity, contact details and a valid e-mail address and password. Once the customer has registered his account on the site, he will receive an e-mail allowing him to access his account on the site with his permanent login and a password.
Bäumer may change the information regarding the order process or account registration from time to time. These changes will be published on the website.
In case of a change in the information provided by the customer on the website, the customer will have to log in to his account to make these changes. Furthermore, in the event that Maison Bäumer has reason to suspect that a third party has stolen a customer’s login or password, Maison Bäumer will cancel and terminate this account and will immediately notify the customer by e-mail or telephone.
The customer will be given the opportunity to check the details of his order and the total price and to correct any errors before definitively confirming his order. Any order entails the obligation to be paid.
Once the customer has confirmed the order, Maison Bäumer will acknowledge receipt of the order electronically. Once payment has been confirmed and made, an order confirmation will be sent to the customer by email. This order confirmation will indicate the total amount of the order, the essential characteristics, the quantity and the price of the products purchased.
Bäumer recommends that the customer keeps a paper or electronic copy of the order confirmation. In case of non-receipt of e-mails, the customer is advised to check his spam mails. The customer is informed that e-mails will be sent to the e-mail address provided by the customer. Furthermore, in the event of an error in entering the e-mail address, or in the event of non-receipt of the message confirming the dispatch of the order, Maison Bäumer cannot be held liable. In this case, the sale will be considered final except in the case of cancellation of the order by Bäumer, in particular in the case of unavailability of the articles, non-payment or suspicion of fraud. The customer may nevertheless exercise his right of withdrawal under the conditions set out in Article 11 of the General Terms and Conditions of Sale.
Pursuant to Article L213-1 of the Consumer Code, when an order is for an amount equal to or greater than 120 euros, Maison Bäumer keeps the written record of the contract concluded between Maison Bäumer and a customer by electronic means for a period running from the conclusion of the contract until the date of delivery of the article and for a period of ten years from this date (in accordance with decree 2005-137 of 16 February 2005). The customer then has access to this document at any time, upon request made to customer service by e-mail to the following address: [email protected]
The articles offered for sale by Bäumer are those which appear with the mention “Add to cart” on the Online Shop, on the day the customer consults the Online Shop, and within the limit of available stocks. Maison Bäumer reserves the right to withdraw items from the sale at any time. In any case and in the event of the total or partial unavailability of the articles after the order has been placed, the customer will be informed by e-mail as soon as possible of the unavailability of the article and the total or partial cancellation of the order.
In case of a complete cancellation of the order, the customer service of Maison Bäumer will contact the customer to inform him/her of the cancellation of the order and to proceed with the refund, which will take place as soon as possible and within 14 days at the latest.
In case of partial cancellation of the order:
– The order will be validated and the bank account will be debited for the totality of the order
– The buyer will be delivered available items. Bäumer’s customer service will contact the customer to inform him/her of the unavailable items and to make a refund as soon as possible, and at the latest within 14 days after dispatch of the available items.
Refusal of Orders
Please note that the purchases made on the website are reserved for private, non-professional customers for their own use (or for gift giving within the family circle). For this reason, Bäumer only sells its products in quantities that correspond to the average needs of a household. In accordance with article L121-11 of the French Consumer Code, Maison Bäumer reserves the right to refuse or cancel for legitimate reasons any order whose number of articles or the amount to be paid (for one or several cumulative orders) does not correspond to the usual average use of a household, any order which would lead to the assumption that an economic activity is carried out by the customer in connection with the articles ordered or, more generally, any abnormal order within the meaning of the jurisprudence applicable in this matter. Thus, orders may not include more than five (5) items in a single purchase operation on the site.
Finally, Maison Bäumer reserves the right to suspend or cancel any execution of an order and/or delivery, regardless of its nature and level of execution, in case of non-payment or partial payment of any sum due by the customer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of Maison Bäumer’s website, including in connection with previous orders.
- VII. PRICE OF ARTICLES
The price of the articles, indicated in euros, includes all taxes.
Unless expressly stipulated otherwise when ordering on the online shop, these prices do not include shipping costs, which are invoiced in addition to the price of the items purchased. The shipping costs will be indicated before the validation of the order by the customer. The different shipping methods are listed in the General Terms and Conditions of Business and are listed on the website; they can be changed by Bäumer at any time. Bäumer therefore advises the customer to regularly check the General Terms and Conditions of Business on the website.
The sales prices of the articles on the website are those in force at the time the customer places the order. The sales prices of the articles and the delivery costs can be changed by Bäumer at any time. The customer will be informed of such changes before placing an order.
Maison Bäumer carries out regular checks to ensure that the prices charged are correct; however, some prices may be affected by an error. If Maison Bäumer finds a price error in the Order, the customer will be informed as soon as possible. Bäumer reserves the right to cancel the order of the article affected by a price error. If the order has been paid for, the customer will immediately be refunded the amount paid and if the order has been delivered, the order must be returned to Bäumer.
All orders must be paid for immediately when the order is placed. In the event of unavailability of certain ordered items, the rules described in Article 6 shall apply. In the event of unavailability of certain ordered items, the rules described in Article 6 shall apply.
The customer will receive, at the time of order confirmation, for each of the articles, written confirmation of the price paid detailing the price of the articles and the delivery costs, if any, charged to the customer.
It should be noted that VAT will vary according to the country of delivery of the items.
The actual VAT related to the customer’s order will be calculated at the time the order is to be shipped. If changes are made to the legislation in force between the date of placing the order and the date of receipt of an order confirmation may result in changes to the sales tax related to the customer’s order. If this results in an increase in sales tax for which the customer is liable to pay, Bäumer will contact the customer and ask him/her to reconfirm the order.
- VIII. TERMS OF PAYMENT
The payment of the customer’s purchases on the site can be made:
– by credit card (cards from the “CB” network, Visa, Eurocard/Mastercard, American Express are accepted).
When ordering on the site, you will have to indicate your payment details on the appropriate form.
The customer guarantees to Maison Bäumer, when ordering on the site, that he is the holder of the bank card and that the name on the bank card to be debited is his own and then communicates either by telephone or in a secure environment on the Internet, the number and expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or front) of his bank card.
In order to process the customer’s order, Maison Bäumer is likely to proceed to the prior authorization of the customer’s credit card. The purchase amount will be blocked on the customer’s credit card until the order has been shipped to the shipping address provided by Maison Bäumer, at which point you will receive an order confirmation and your credit card will be charged with the applicable purchase price. By submitting an offer to purchase Bäumer items on the website, the customer expressly authorizes Bäumer House to carry out the payment card pre-authorization transaction and, if Bäumer House deems it necessary, to transmit or obtain information (including updated information) about him/her to or from third parties, including but not limited to his/her payment card number, in order to authenticate his/her identity, validate his/her payment card, obtain initial payment card authorization and authorize individual purchase transactions.
In the case of payments by Internet, the check will be carried out online at the competent banking institutions and organisations, which will be queried via the Payline company’s system. This company, located in France, will store and automatically process information relating to each order, including credit card details, in a secure environment.
In addition, in order to fight against fraud on the Internet, Maison Bäumer is implementing a process relating to the evaluation of risks and the prevention of fraud in the payment of purchases on the site, for which Maison Bäumer also calls upon the company Payline. The data collected is intended only for the persons in charge of the fight against fraud within Maison Bäumer.
In the event that, for any reason whatsoever (opposition, refusal of the issuing centre…), the debiting of the sums due by the customer proves to be impossible, the purchase process on the Internet will be immediately cancelled.
- IX. COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: Bäumer products are made of 750/000 gold.
DIAMONDS: All diamonds purchased by Bäumer are purchased from legitimate sources not involved in financing conflicts, in accordance with UN resolutions. Maison Bäumer hereby warrants that these diamonds do not originate from conflict areas, based on its knowledge and/or written guarantees from the supplier of these diamonds.
- X. DELIVERY AND RECEPTION
Delivery means the transfer to the customer up to the physical possession of the items.
Items ordered by the customer in accordance with these General Terms and Conditions of Sale shall be delivered to the address indicated by the Buyer as the delivery address on the order concerned.
Information concerning delivery terms and conditions is also accessible from the validation page of the shopping cart, as well as on the order summary page, before the payment of the order. Delivery costs are to be added to the total price of the order and will be communicated to the buyer prior to the validation of his order.
No delivery will be made by Maison Bäumer if it is not possible to collect the full price.
The delivery of the articles can only take place at the permanent domicile of the Purchaser or at his professional address in France, Belgium, Germany, Spain, Italy, Luxembourg, Liechtenstein, Austria, Portugal, Denmark, Greece, United Kingdom, Ireland, The Netherlands, Finland, Sweden, Hungary, Poland, Malta, United States, Canada, Switzerland, Monaco, Norway, United Arab Emirates, Bahrain, Saudi Arabia. For other countries, the customer is invited to contact Bäumer’s customer service.
The purchaser also has the option of having the articles delivered to a natural person of his choice whose permanent residence is located in France, Belgium, Germany, Spain, Italy, Luxembourg, Liechtenstein, Austria, Portugal, Denmark, Greece, United Kingdom, Ireland, The Netherlands, Finland, Sweden, Hungary, Poland, Malta, United States, Canada, Switzerland, Monaco, Norway, United Arab Emirates, Bahrain, Saudi Arabia, for example as a gift.
It is understood that no deliveries may be made to hotels, transit agencies, campuses, relay points or post office boxes. The delivery of the articles will take place after the payment of the amount of the order has been registered.
In accordance with the provisions of the Consumer Code, the delivery of the ordered articles will take place within the deadlines communicated by Maison Bäumer and, if not indicated, in any case no later than 30 days from the Order, subject to full payment of the price.
Any delay in delivery will entitle the client to cancel the Sales Order under the conditions of article L.216-2 of the French Consumer Code.
Characteristics of the modes of delivery of the Site:
The articles ordered by the client are delivered by the carrier chosen by Maison Bäumer to the delivery address indicated by the client at the time of placing the Sales Order, with tracking. Each order is assigned a tracking number. The customer will have a link sent to him/her by email allowing him/her to follow the delivery status of his/her package via the carrier’s website.
Delivery takes place between 1 and 7 estimated days, depending on the country of delivery, from the dispatch of the order, materialised by the dispatch notice sent by email to the customer.
In order to meet the deadlines, the customer must ensure that he has provided accurate and complete information regarding the delivery address (such as street, building, staircase, access codes, intercom numbers, etc…).
The applicable delivery charges are those mentioned on the site at the time of placing the Sales Order, according to the delivery country selected by the client. They will be offered above 2000€ of order, excluding taxes and customs fees.
In case of absence at the time of delivery, a request for re-delivery will be accepted by Maison Bäumer. If the customer is also absent at the time of this second delivery, the package will be returned to the headquarters of Maison Bäumer, which will result in the cancellation of the order.
The risk of the products remains with Maison Bäumer until they have been delivered to the customer, who is responsible for them upon delivery to the delivery address stated in the order.
Anomaly, damage, damaged parcel
In order to avoid disputes, Bäumer recommends that the customer checks the goods for conformity at the time of delivery and, if possible, indicates any discrepancies (open package, damaged product, etc.) on the delivery note in the form of handwritten reservations with the customer’s signature.
In the event of non-conformity of the items purchased or if they do not satisfy the Buyer, the latter may return them or request an exchange or refund under the conditions set out in Articles 10 or 11 as the case may be. The return will only be accepted if the sealed white label on the product is still in place and intact.
- XI. RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with the provisions of Article L. 221-18 of the Consumer Code, the customer has a right of withdrawal.
Thus, the customer may exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) days after receipt of the article concerned. If the client has ordered several articles in a single Sales Order, or if the delivery of the articles has been made in several parts, the retraction period shall not begin before the client, or the third party designated by him/her other than the carrier, takes physical possession of the last article or the last part of the delivery.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal may not be exercised for orders relating to :
– the supply of goods made to the customer’s specifications or clearly personalised (cf article 5).
– the supply of goods that have been unsealed (no longer have the label present on the jewel) by the buyer after delivery and which cannot be returned
In order to confirm the decision to withdraw, the customer must contact Bäumer to receive return labels.
This request for return must be sent to customer service by email to the following address: [email protected] or by phone at +33 (0)1 42 86 99 33.
The customer will receive without delay an acknowledgement of receipt of his or her withdrawal request which will be sent by email.
Maison Bäumer’s customer service or the carrier of Maison Bäumer will then contact the customer to schedule the collection of the package by which the customer will return the item(s) concerned.
Reimbursement will be made at the latest within fourteen (14) days after communication of the customer’s decision to withdraw or within two (2) working days after Maison Bäumer has received the returned items.
The refund of the sums paid for the returned item(s), including delivery costs, will be made, depending on the method of payment for the items, by crediting the customer’s bank account corresponding to the credit card used for payment.
The exchange or refund will only be made subject to :
- the authenticity of the jewel
- the presence of the security label affixed to the jewelry when it is shipped
- the general good condition of the jewelry
The quality control will determine whether the jewelry matches the description and whether the return is validated
The return costs are at the expense of the customer.
Moreover, in the case of a gift, the right of retraction remains to the exclusive benefit of the customer and can in no case be exercised by the recipient of the gift.
In all cases, the customer must return the items delivered in their original packaging, complete (boxes, certificate of authenticity, security label, etc…) and accompanied by the return slip provided. Items returned incomplete, damaged, deteriorated, soiled or in any other condition that would reasonably suggest that they have been used or worn, will not be refunded or exchanged and will be returned to the customer.
- XII. EXCHANGE
In addition to the right of withdrawal described above, Maison Bäumer would like to offer its customers the possibility of exchanging the delivered items under the conditions described below.
Maison Bäumer allows its customers to exchange the articles within 30 days after delivery, except for special orders.
The exchange request must be made by contacting Maison Bäumer’s customer service department at [email protected] or via the “Contact” section at the bottom of the www.baumer-vendome.com website.
The customer is responsible for the return of the product in question.
Maison Bäumer’s customer service department or the carrier will then contact the customer to arrange for the collection of the package by which the customer will return the item(s) concerned.
The returned item must be new, unused (with the white seal label intact) and in its original packaging perfectly intact.
If an item is returned, Bäumer’s quality department will check and assess the perfect condition of the returned item.
Subject to compliance with these return conditions, Maison Bäumer will exchange the item as soon as possible. Maison Bäumer will not reimburse any returned items.
Incomplete, damaged, spoiled, deteriorated, soiled, without a safety label or in any other condition that would reasonably suggest that they have been used or worn, will not be exchanged and will be returned to the customer by post.
In the case of a gift, the gift recipient may exercise the right of exchange, whereby in the case of a remote exchange via the Bäumer Customer Service, no refund can be made to the gift recipient in the event of a price difference.
Within the framework of the commercial exchange policy proposed under this article, Maison Bäumer reserves the right to refuse an exchange beyond two (2) successive requests.
Furthermore, the delivery costs paid by the customer will not be refunded.
- XIII. CONFORMITY – GUARANTEE – AFTER-SALES SERVICE
All items on sale on the site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the customer to return defective or non-compliant items delivered free of charge.
- Legal guarantee of conformity
The French Consumer Code provides the following in terms of the legal guarantee of conformity: Article L217-4: “The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L211-5: “To be in conformity with the contract, the property must:
1) Be fit for the use ordinarily expected of similar property and, where appropriate:
– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model;
– have the qualities that a buyer may legitimately expect with regard to public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling.
2) Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the latter. »
- Warranty against hidden defects
The French Civil Code provides the following in terms of the guarantee against hidden defects:
Article 1641 of the French Civil Code: “The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the Buyer would not have acquired it, or would only have paid a lower price for it, 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 from the discovery of the defect. In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year following the date on which the seller can be discharged from the defects or apparent lack of conformity. »
Within the framework of the legal warranty for hidden defects, Bäumer is obliged to provide a guarantee for hidden defects, at the customer’s discretion, after the defect has been assessed:
– Either to exchange the product for a product of the same or similar value,
– Either to reimburse the full price of the returned item,
– Either to refund part of the price of the item if the customer decides to keep the item.
- Exclusion of warranties
Items modified, repaired, integrated or added by the buyer are excluded from warranty. The warranty will not apply to apparent defects. The warranty will not apply to apparent defects. The warranty will not cover items damaged during transport or due to misuse.
- Implementation of the legal warranties
When the buyer acts as a legal guarantee of conformity, he:
has a period of two years from the delivery of the article to act;
may choose between repair or replacement of the article, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code ;
is exempt from having to provide proof of the existence of the article’s lack of conformity.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted by Bäumer.
Finally, the purchaser may decide to implement the guarantee against hidden defects of the item sold in the sense of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the purchase price according to § 1644 of the Civil Code.
These provisions are not exclusive of the right of withdrawal defined in Article 11 above.
- Consequence of the implementation of the guarantees
Within the framework of the legal guarantee of conformity, Bäumer is committed to the customer’s choice:
– Either to replace the article by an identical article according to the available stocks,
– Either to refund the price of the item if the replacement of an item was impossible.
- XIV. COMPLAINTS – INFORMATION
For any information, complaints or questions regarding the General Terms and Conditions of Business of Bäumer or the products themselves, customers should contact the Bäumer customer service department on the website using the “Contact” form, stating their order number if necessary, or by telephone on +41 (0)1 42 86 99 33.
- XV. PROTECTION OF PERSONAL DATA
Bäumer collects personal data of the customer and, if applicable, of the recipient of the order.
The customer is reminded that the personal data requested from the customer is necessary for the processing of the order and for the preparation of invoices, in particular.
These data may be passed on to any partners of Maison Bäumer who are responsible for the execution, processing, handling and payment of orders.
The processing of the information communicated via the website complies with the legal requirements for the protection of personal data. The information system used ensures optimal protection of this data.
- XVI. RESERVATION OF OWNERSHIP
Maison Bäumer retains full ownership of the items sold until full payment of the full price, including principal, costs, taxes and compulsory contributions, has been received.
- XVII. INTELLECTUAL PROPERTY RIGHTS
The “Bäumer” trademark, as well as all figurative and non-figurative trademarks and more generally all other trademarks, illustrations, images and logos appearing on Bäumer articles, their accessories or packaging, whether registered or not, are and will remain the exclusive property of Bäumer. Any reproduction in whole or in part, modification or use of these brands, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Maison Bäumer, is strictly forbidden The same applies to any combination or conjunction with any other trademark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, designs and patents which are the property of Maison Bäumer.
The use of all or part of the site, in particular by downloading, reproduction, transmission or representation for purposes other than personal and private use for non-commercial purposes is strictly forbidden. The violation of these provisions exposes its author to the sanctions provided for both by the Code of Intellectual Property, in particular for copyright infringement (Article L.335-1 and following), trademark law (Article L.716-1 and following) and by the Civil Code in terms of civil liability (Articles 1382 and following).
The creation of hypertext links to any of the pages or elements of the site can only be made with the prior written permission of the Maison Bäumer. It may be revoked at any time. Sites with a hyperlink to the online shop or to which the online shop may refer are not under the control of Maison Bäumer and Maison Bäumer therefore declines all responsibility (in particular editorial responsibility) for the access and content of these sites.
- XVIII. SIGNATURE AND PROOF
Bäumer works to protect the personal information of its customers by ensuring a high level of security, but the customer also has a role to play in the protection of his or her personal data. In particular, the customer must maintain the security of his online transactions by, for example, not disclosing his login (customer’s e-mail address) and/or password to anyone and changing his password regularly. In this respect, Bäumer House is not responsible for the disclosure of customer information to any individual who has used his or her user name (customer e-mail address) and/or password. The use of the customer’s user name (customer’s e-mail address) and/or password is proof of the customer’s identity and the customer is liable for the corresponding sums when the order is placed. Maison Bäumer cannot be held liable for the fraudulent use of this information. The provision of the credit card number and the final validation of the Sales Order shall constitute proof of the acceptance of the Sales Order and shall be considered as proof of the total amount due for the purchase order. The computerized registers kept in the computer systems of Maison Bäumer and its partners will be considered proof of communications, orders and payments between the Parties.
- FORCE MAJEURE
The performance of all or part of the obligations of Maison Bäumer will be suspended in the event of force majeure as defined in Article 1218 of the Civil Code, which hinders or delays performance.
Bäumer will inform the customer of such an act of God or force majeure within eight (8) days of its occurrence. The occurrence of such an event shall result in the suspension of the execution of these general terms and conditions.
- XX. LIABILITY
Maison Bäumer shall only be liable for direct and foreseeable damage to the product ordered by the customer resulting from the customer’s use of the website www.baumer-vendome.com and the items sold.
Maison Bäumer cannot be held liable for direct or indirect damages that may result from the use of the website, including inaccessibility, loss of data, damage, destruction or viruses that may affect the users’ computer equipment and/or the presence of viruses on the website.
Maison Bäumer does not guarantee the legality or accessibility of the contents of the website www.baumer-vendome.com for all countries of the world. The customer must therefore ensure compliance with the regulations applicable in the country in which the customer uses the Website.
- XXI. LANGUAGE OF THE CONTRACT
For the comfort of customers, the site and the General Terms and Conditions of Sale are available in two languages: French and English. However, in case of contradiction between the French and English versions, the French version shall prevail. Only the French version of the General Terms and Conditions of Sale is authentic between the Parties.
- XXII. DISPUTES – APPLICABLE LAW
These General Terms and Conditions of Sale are governed and interpreted in accordance with French law. In the event of a dispute relating to the application and/or interpretation of these General Terms and Conditions of Sale, the customer has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution procedure. Any dispute or litigation known as a consumer dispute may be the subject of an amicable settlement by mediation at the CMAP – Centre de Médiation et d’Arbitrage de Paris. To submit a dispute to the mediator, the customer may (i) fill out the form on the CMAP website: www.cmap.fr tab “you are: a consumer” (ii) send his or her request by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to [email protected] Regardless of the means used to contact CMAP, the customer’s request must contain the following elements in order to be processed quickly: his/her postal, email and telephone contact details as well as the full name and address of Maison Bäumer, a brief statement of the facts, and proof of the preliminary steps taken with Maison Bäumer.
The customer remains free to accept or refuse the use of mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
In the absence of an amicable solution or recourse to mediation, all disputes to which the General Terms and Conditions may give rise shall be submitted to the competent court at the customer’s place of residence.
The fact that one of the Parties does not claim from the other Party a breach of any of its obligations under these Terms and Conditions of Sale, shall not be interpreted for the future as a waiver of the obligation in question.