Terms of sale
ABOUT THE COMPANY BÄUMER AND THESE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Online Sale apply to all sales of Bäumer products that the customer can order on the following distance selling website: www.baumer-vendome.com.
Before placing an order, the customer must accept these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to order from the website.
Maison Bäumer may modify these General Terms and Conditions of Sale at any time. Nevertheless, the General Terms and Conditions of Sale applicable to the order are those accepted by the customer at the time of the order.
1. IDENTIFICATION OF THE SELLER
The products are sold by INTERNATIONAL DESIGN AND LICENSING EURL, a one-man business with limited liability, with share capital of €7,622.45, whose registered office is located at 19 place Vendôme, 75001 Paris - France, registered in the Paris Trade and Companies Register under number 384 631 982, telephone: +33 1 42 86 99 33, email: email@example.com. Its Siret number is 38463198200061 and its intra-community VAT number is FR6038463198200061.
Only natural persons (and not legal entities) who: have reached the age of legal majority required to enter into contracts (18 in most countries); have the legal capacity to enter into contracts; and use a delivery address in the country(ies) we deliver to, may order products via the website. If you are under the age of majority or for any reason do not have the legal capacity to enter into contracts, one of your parents or guardians must place your order on your behalf and they will be asked to accept these Terms and Conditions. By placing an order through the Website, you represent and warrant that you are a bona fide customer and end-user making a purchase for your own use or the personal use of a third party, and that you will not deliver, sell or otherwise distribute our products or purchase our products for commercial purposes.
Bäumer makes every effort to ensure that product information is accurate. 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 concerning the weight of precious metals and the caratage of precious stones is provided for guidance only and may vary slightly.
Maison Bäumer offers a free personalisation service (engraving) on a selection of products. The customer must click on "add an engraving" and provide the requested information.
The House of Bäumer reserves the right to reject any order for personalised items containing inappropriate, illegal or contrary to the brand image of the House of Bäumer.
Orders for personalised products cannot be cancelled and are neither refundable nor exchangeable.
Any order implies acceptance of these General Terms and Conditions of Sale, of the "Confidentiality" Policy and of the "Cookies" Policy without prejudice to the specific contractual conditions concluded between the Parties.
Orders may be placed via the website.
In the event of prolonged session inactivity, product selection can no longer be guaranteed. The customer must restart the selection process.
To order a product, the customer must select it and click on "add to basket". For rings and bracelets, the customer must first select the size before adding it to the basket. This basket does not constitute an order that can bind the House of Bäumer.
Once the customer has selected the items they wish to purchase, they must confirm the basket and place the order. Successive pages will appear summarising the details of the items desired and their price as well as the delivery conditions and the means of payment that the customer must select.
The customer must have a customer account in order to be able to order and must therefore accurately enter their identity, contact details and a valid e-mail address as well as a 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 connection identifier and a password.
Maison Bäumer may from time to time modify the information concerning the ordering process or the registration of accounts. These modifications will be published on the site.
In case of modification of the information communicated by the customer on the site, the customer will have to connect to his account to make these changes. In addition, 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 the account and immediately notify the customer by e-mail or telephone.
Before finally confirming his order, the customer will have the opportunity to check the details of his order and its total price and to correct any errors, before finally confirming his order. All orders are subject to payment.
Once the customer has validated his order, Maison Bäumer will acknowledge receipt thereof electronically. When the payment is confirmed and carried out, a confirmation of the order will be sent to the customer by email. This confirmation of order will indicate the total amount of the order, the essential characteristics, the quantity and the price of the bought products.
Maison Bäumer recommends the customer to keep a paper or electronic copy of the order confirmation. In case of non-receipt of emails, the customer is invited to check his spam. The customer is informed that emails will be sent to the email address provided by the customer. Moreover, in the event of error of seizure of the electronic address, or not reception of the message confirming the forwarding of the order, the House Bäumer could not be held for person in charge. In this case, the sale will be considered as final with the exception of the cases of cancellation of the order by the House Bäumer, in particular in the event of unavailability of the articles, default of 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 retains 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 to the date of delivery of the item and for a period of ten years thereafter (in accordance with Decree 2005-137 of 16 February 2005). The customer may access this document at any time, on request to the customer service department by e-mail at the following address: firstname.lastname@example.org and providing proof of your identity.
The items offered for sale by Maison Bäumer are those which appear with the mention "Add to basket" on the Online Boutique, on the day of consultation of the Online Boutique by the customer, and within the limit of available stocks. Maison Bäumer reserves the right to withdraw items from sale at any time. In any event and in the event of total or partial unavailability of items after the order has been placed, the customer will be informed by e-mail as soon as possible of the unavailability of the item and of the total or partial cancellation of his/her order.
In case of total cancellation of the order, the customer service of Maison Bäumer will contact the customer to inform him of the cancellation of his order and proceed with the refund which will take place as soon as possible and at the latest within 14 days.
In the event of partial cancellation of the order :
- The order will be validated and the bank account will be debited for the full amount of the order.
- The buyer will be delivered the available items. Maison Bäumer's customer service will contact the customer to inform him/her of the unavailable items and proceed with the reimbursement, which will take place as soon as possible, and at the latest within 14 days following the dispatch of the available items.
Refusal of Orders
It is reminded that purchases made on the site are reserved for non-professional private customers for their own use (or for gift purposes within the family circle), which is why Maison Bäumer only sells its articles in quantities corresponding to the usual 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 for which the number of items or the amount to be paid (for a single order or several orders combined) does not correspond to the usual average use of a household, any order that would suggest that an economic activity is carried out by the customer in connection with the items ordered or, more generally, any abnormal order within the meaning of applicable case law. Thus, orders may not include more than five (5) items as part of a single purchase on the site.
Finally, Maison Bäumer reserves the right to suspend or cancel any execution of an order and/or delivery, whatever its nature and level of execution, in the event of non-payment or partial payment of any sum which would be due by the customer, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Maison Bäumer website, including on the occasion of previous orders.
PRICE OF ITEMS
The price of the articles, indicated in euros, includes all taxes.
Unless expressly stipulated otherwise when ordering in the online shop, these prices do not include shipping costs, which are invoiced in addition to the price of the items purchased. Shipping costs will be indicated before the customer confirms the order. The different methods of shipment are set out below in the General Terms and Conditions of Sale and are recalled on the website; they may be modified at any time by Maison Bäumer. Maison Bäumer therefore advises all customers to regularly consult the General Terms and Conditions of Sale on the website.
The selling prices of the items online on the website are those in effect at the time the order is placed by the customer. The selling prices of the items and the delivery costs may be modified by Maison Bäumer at any time. The customer will be informed of such changes before placing an order.
The House of Bäumer regularly checks that the prices charged are correct; however, some prices may be affected by an error. If the House of Bäumer becomes aware of a price error in the Order, the customer will be informed as soon as possible. The House of Bäumer reserves the right to cancel the order for the item affected by the pricing error. If the order has been paid for, the customer shall be reimbursed immediately for the amount paid and, if applicable, if the order has been delivered, it shall be returned to the House of Bäumer.
All orders must be paid for immediately when the order is placed. In case of unavailability of certain ordered items, the rules described in article 6 shall apply.
When the order is confirmed, the customer will receive written confirmation of the price paid for each item, detailing the price of the items and any delivery charges payable by the customer.
Please note that VAT will vary depending on the country of delivery of the items.
The actual VAT relating to the customer's order will be calculated at the time the order is due to be dispatched. If changes are made to the legislation in force between the date the order is placed and the date an order confirmation is received, this may result in changes to the sales tax linked to the customer's order. If this results in an increase in the sales tax for which the customer is liable, Maison Bäumer will contact the customer and ask them to reconfirm their order.
TERMS OF PAYMENT
The payment of the purchases of the customer on the site can be carried out:
- by credit card (cards from the "CB" network, Visa, Eurocard/Mastercard, American Express are accepted).
When ordering on the site, you must indicate your payment details on the appropriate form.
The customer guarantees to Maison Bäumer, at the time of an order on the site, that it is the holder of the bank card and that the name appearing on this bank card to be debited is indeed his then communicates either by telephone, or in a protected environment on Internet, the number and the expiry date appearing on the face of his bank card as well as the numbers of the visual cryptogram appearing on the back (or on the face) of his bank card.
In order to process the order of the customer, the House Bäumer is likely to proceed to the preliminary authorization of its payment card. The amount of his purchase will be blocked on his payment card until the shipment of his order to the shipping address provided to the House Bäumer, an order confirmation will then be communicated and your payment card debited with the applicable purchase price. By submitting an offer to purchase Bäumer products on the Site, the Customer expressly authorizes Maison Bäumer to execute the payment card pre-authorization transaction and, if deemed necessary by Maison Bäumer, to transmit or obtain information (including updated information) about the Customer to or from third parties, including but not limited to the Customer's payment card number, in order to authenticate the Customer's identity, validate the Customer's payment card, obtain initial payment card authorization and authorize individual purchase transactions.
In the case of Internet payments, checks will be carried out online with the relevant banking establishments and organisations, which will be queried via the Payline system. This company, located in France, will store and automatically process information relating to each order, including credit card details, in a secure environment.
Furthermore, in order to combat fraud on the Internet, Maison Bäumer implements processing relating to risk assessment 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 solely for authorised persons in charge of fraud prevention within Maison Bäumer.
In the event that, for any reason whatsoever (opposition, refusal by the issuing centre, etc.), it proves impossible to debit the sums due by the customer, the Internet purchase process will be cancelled immediately.
COMPLIANCE WITH REGULATORY AND CONVENTIONAL STANDARDS
GOLD: Bäumer products are made of 750/000th gold.
DIAMONDS: All diamonds purchased by the House of Bäumer are from legitimate sources not involved in financing conflicts, in accordance with United Nations resolutions. Maison Bäumer hereby guarantees that these diamonds do not originate from conflict zones, a guarantee based on its knowledge and/or on written guarantees from the supplier of these diamonds.
DELIVERY AND RECEPTION
Delivery means the transfer to the customer of physical possession of the items.
Items ordered by the Customer in accordance with these General Terms and Conditions of Sale will be delivered to the address indicated by the Customer as the delivery address on the relevant order.
Information concerning delivery methods can also be accessed from the basket validation page, as well as on the order summary page, before the order is paid for. Delivery costs are to be added to the total price of the order and will be communicated to the purchaser prior to the order validation stage.
No delivery will be carried out by the House Bäumer if the complete cashing of the price proves impossible.
The delivery of the articles can only take place at the permanent residence of the Purchaser or at his professional address, in France, Belgium, Germany, Spain, Italy, Luxembourg, Liechtenstein, Austria, Portugal, Cyprus, Denmark, United Kingdom, Ireland, Greece, Monaco, Netherlands, Finland, Sweden, Hungary, Poland, United States, Canada, Switzerland, Norway, United Arab Emirates, Bahrain, Saudi Arabia. For other countries, the customer is invited to contact the customer service department of Maison Bäumer.
The purchaser also has the option of having the items delivered to a natural person of his choice whose permanent residence is located in France, Belgium, Germany, Spain, Italy, Luxembourg, Liechtenstein, Austria, Portugal, Cyprus, Denmark, United Kingdom, Ireland, Greece, Monaco, Netherlands, Finland, Sweden, Hungary, Poland, United States, Canada, Switzerland, Norway, United Arab Emirates, Bahrain, Saudi Arabia for example as part of a gift.
It is understood that no deliveries will be made to hotels, transit agencies, campuses, relay points or post office boxes. Items will be delivered once payment for the order has been received.
In accordance with the provisions of the French Consumer Code, the delivery of the ordered items will take place within the deadlines communicated by the House of Bäumer and, in the absence of any indication, in any event no later than 30 days from the Order, subject to full payment of the price.
Any delay in delivery shall entitle the Customer to cancel the Order in accordance with Article L.216-2 of the French Consumer Code.
Characteristics of the Site's delivery methods:
The items ordered by the customer are delivered by the carrier chosen by Maison Bäumer to the delivery address provided by the customer at the time of the Order, by tracked delivery. Each order is assigned a tracking number. The customer will have a link sent to them by email enabling them to follow the progress of their parcel via the carrier's website.
Delivery takes place within an estimated 1 to 7 days, depending on the country of delivery, from dispatch of the order, evidenced by the order dispatch notice sent by email to the customer.
To ensure that delivery times are respected, the customer must ensure that they have provided accurate and complete information concerning the delivery address (such as street number, building number, etc.).
The applicable delivery charges are those mentioned on the site at the time of the Order, depending on the delivery country selected by the Customer. They will be free for orders over €1,500, excluding taxes and customs duties.
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 during this second delivery, the parcel will be returned to the head office of Maison Bäumer, which will entail the cancellation of the order.
The risks relating to the products shall be borne by the House of Bäumer until their delivery to the customer, who shall become responsible for them as soon as they are delivered to the delivery address indicated at the time of the order.
Anomaly, damage, damaged parcel
Maison Bäumer recommends, in order to avoid any dispute, the customer to check the conformity of the articles at the time of the delivery and to indicate, as far as possible, on the delivery order, in the form of handwritten reserves accompanied by his signature, the possible anomalies noted (opened package, damaged product etc.).
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, depending on the case. Returns will only be accepted if the sealed white label on the product is still in place and intact.
RIGHT OF WITHDRAWAL AND RETURN OF ITEMS
In accordance with the provisions of article L. 221-18 of the French Consumer Code, the customer has a right of withdrawal.
Customers may exercise their right of withdrawal, without having to justify their decision, up to fourteen (14) days after receipt of the item in question. If the customer has ordered several items in a single Order, or if the items have been delivered in several parts, the withdrawal period does not begin until the customer, or the third party designated by the customer other than the carrier, has taken physical possession of the last item or the last part of the delivery.
In accordance with article L.221-28 of the French 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 (see article 5).
- the supply of goods which have been unsealed (no longer have the label present on the jewel) by the buyer after delivery and which cannot be returned.
To validate his decision to withdraw, the customer must contact Maison Bäumer so that it can send return labels.
This request for return must be sent to the customer service by email to the following email address: email@example.com or by telephone on +33 (0)1 42 86 99 33.
The customer will receive an acknowledgement of receipt of their retraction request by email.
The customer service of La Maison Bäumer or the carrier of the latter will then contact the customer to schedule the collection of the package by which the customer will return the item or items concerned.
Reimbursement will be made at the latest within fourteen (14) days following communication of the customer's decision to withdraw or within two (2) working days following receipt by La Maison Bäumer of the returned items.
The refund of the sums paid for the item(s) returned, 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 bank card used for payment.
The exchange or refund will only be made subject to :
the authenticity of the jewellery
the presence of the security label affixed to the item when it was dispatched
that the item is in good condition
Quality control will determine whether the jewel corresponds to the description and whether the return is validated.
The cost of returning the item is borne by the customer.
Furthermore, in the case of a gift, the right of retraction is for the exclusive benefit of the customer and may under no circumstances 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 returns 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.
In addition to the right of withdrawal described above, the House of Bäumer wishes to offer its customers the opportunity to exchange items delivered under the conditions described below.
Maison Bäumer allows its customers to exchange items within 30 days of the date of delivery with the exception of those which have been the subject of a special order.
The exchange request must be sent by contacting Maison Bäumer's customer service at the following address: firstname.lastname@example.org or via the "Contact" section located at the bottom of the www.baumer-vendome.com website.
The return of the product concerned is the responsibility of the customer.
Maison Bäumer's customer service or the latter's carrier will then contact the customer to schedule collection of the parcel 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.
In the event of the return of an item, the quality department of Maison Bäumer will check and assess the perfect condition of the returned item.
Subject to compliance with these conditions of return, Maison Bäumer will proceed with the exchange as soon as possible. Maison Bäumer will not proceed to any refunding of the turned over articles.
Items returned incomplete, damaged, deteriorated, soiled, without security label or in any other condition that would reasonably suggest that they have been used or worn, will not be exchangeable and will be returned to the customer by mail.
It is specified that in the case of a gift, the right of exchange may be exercised by the recipient of the gift, it being understood that in the case of a remote exchange via the Maison Bäumer Customer Service, no reimbursement may be made to the recipient of the gift in the event of a price difference.
As part of the commercial exchange policy proposed under this article, the House of Bäumer reserves the right to refuse an exchange after two (2) successive requests.
In addition, any delivery charges paid by the customer will not be reimbursed.
CONFORMITY - GUARANTEE - AFTER-SALES SERVICE
All items for sale on the site benefit from the legal guarantee of conformity (as defined in articles L217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 et seq. of the French Civil Code), allowing the customer to return defective or non-compliant items free of charge.
Legal guarantee of conformity
The French Consumer Code stipulates the following in terms of the legal guarantee of conformity: Article L217-4: "The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was his responsibility under the contract or was carried out under his responsibility".
Article L211-5: "To be in conformity with the contract, the goods must :
1) Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller 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, the producer or his representative, particularly in advertising or labelling.
2) Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Guarantee against hidden defects
The French Civil Code stipulates the following in terms of the guarantee against hidden defects:
Article 1641 of the French Civil Code: "The seller is liable for any latent defects in the item sold that render it unfit for its intended use, or that impair that use to such an extent that the buyer would not have purchased it, or would only have paid a lower price for it, had he been aware of 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, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity."
Within the framework of the legal guarantee for hidden defects, Maison Bäumer, according to the customer's choice, undertakes, after evaluation of the defect :
- Either to exchange the product for a product of the same or similar value,
- refund the full price of the returned item,
- or to refund part of the price of the item if the customer decides to keep the item.
Exclusion of guarantees
The guarantee does not cover items that have been modified, repaired, integrated or added by the purchaser. The guarantee will not apply to visible defects. The guarantee will not cover items damaged in transit or as a result of misuse.
Methods of implementing legal guarantees
When the buyer acts under the legal guarantee of conformity, he :
- has a period of two years from the date of delivery of the item in which to take action;
- may choose between repairing or replacing the item, subject to the cost conditions set out in article L. 217-9 of the French Consumer Code;
- is exempt from having to prove the existence of the lack of conformity of the item.
The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted by Maison Bäumer.
Finally, the purchaser may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between rescission of the sale or a reduction in the purchase price in accordance with Article 1644 of the Civil Code.
These provisions do not exclude the right of withdrawal defined in article 11 above.
Consequences of the implementation of guarantees
Within the framework of the legal guarantee of conformity, Maison Bäumer undertakes, at the customer's choice :
- Either to replace the item with an identical item depending on available stocks,
- Or to reimburse the price of the item if the replacement of an item proves impossible.
COMPLAINTS - INFORMATION
For any information, complaint or question relating to the General Terms and Conditions of Sale set up by Maison Bäumer or to the items themselves, customers should contact Maison Bäumer's customer service department on the Site via the "Contact" form, if necessary quoting their Order number, or by telephone on 01 42 86 99 33.
PROTECTION OF PERSONAL DATA
Maison Bäumer collects the customer's personal data as well as, where applicable, that of the recipient of the order.
It is reminded that the personal data requested from the customer is necessary for the processing of his order and the establishment of invoices, in particular.
This data may be communicated to any partners of Maison Bäumer responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the site complies with the legal requirements regarding the protection of personal data, the information system used ensuring optimum protection of this data.
RETENTION OF TITLE
Maison Bäumer retains full ownership of the items sold until full payment of the full price, including principal, costs, taxes and compulsory contributions.
INTELLECTUAL PROPERTY RIGHTS
The "Bäumer" brand, as well as all figurative or non-figurative brands and more generally all other brands, illustrations, images and logos appearing on Bäumer articles, their accessories or their packaging, whether registered or not, are and shall remain the exclusive property of Maison Bäumer. Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of Maison Bäumer, is strictly prohibited. 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 shall apply to all copyrights, drawings and models, 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 prohibited. Violation of these provisions exposes its author to the penalties provided for both by the Intellectual Property Code, in particular with regard to copyright infringement (article L.335-1 et seq.), trademark law (article L.716-1 et seq.) and by the Civil Code with regard to civil liability (articles 1382 et seq.).
The creation of hypertext links to any of the pages or elements of the site may only be made with the prior written authorisation of Maison Bäumer. This authorisation may be revoked at any time. The sites having a hypertext link directing towards the online shop or to which the online shop could refer are not under the control of Maison Bäumer and Maison Bäumer declines consequently any responsibility (in particular editorial) concerning the access and the contents of these sites.
SIGNATURE AND PROOF
The House of Bäumer works to protect its customers' personal information by ensuring a high level of security, but the customer also has a role to play in protecting his or her personal data. In particular, the customer must maintain the security of his online transactions by, for example, not communicating his identifier (e-mail address of the customer) and/or his password to anyone and by regularly changing his password. In this respect, Maison Bäumer cannot be held responsible for the disclosure of information concerning the customer to any individual having used his identifier (e-mail address of the customer) and/or his password. In this respect, the use of the customer's identifier (customer's e-mail address) and/or password shall constitute proof of the customer's identity and payment of the corresponding sums upon validation of the order. Maison Bäumer can in no case be held responsible for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order shall constitute proof of acceptance of the said Order and shall constitute payment of the sums incurred by the entry of the items appearing on the order. The computerized registers, kept in the computer systems of Maison Bäumer and its partners will be considered as proof of communications, orders and payments between the Parties.
The performance by Maison Bäumer of all or part of its obligations will be suspended in the event of the occurrence of a case of force majeure as defined in article 1218 of the Civil Code which would hinder or delay its performance.
Maison Bäumer will inform the customer of such a fortuitous event 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 of sale.
The House of Bäumer can only be held responsible for direct and foreseeable damage at the time of the order of the product by the customer resulting from the use of the website www.baumer-vendome.com by the customer as well as the articles sold.
Maison Bäumer cannot be held responsible for any direct or indirect damage that may result from the use of the site, including inaccessibility, loss of data, deterioration, destruction or viruses that may affect the computer equipment of users and/or the presence of viruses on the Site.
Maison Bäumer does not guarantee the legality or accessibility of the content 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.
LANGUAGE OF THE CONTRACT
For the convenience of customers, the site and the General Terms and Conditions of Sale are available in two languages: French and English. However, in the event of a contradiction between the French and English versions, the French version shall prevail. Only the French version of the General Terms and Conditions of Sale shall be deemed authentic between the Parties.
DISPUTES - APPLICABLE LAW
These General Terms and Conditions of Sale shall be governed by and construed 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 may have recourse to a conventional mediation procedure or any other alternative dispute resolution procedure. Any consumer dispute may be settled out of court by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris. To submit a dispute to the mediator, the customer may (i) fill in the form on the CMAP website: www.cmap.fr under the "You are: a consumer" tab (ii) send the request by ordinary or registered post to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to email@example.com. Regardless of the means used to refer the matter to CMAP, the Customer's request must contain the following elements in order to be processed promptly: the Customer's 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 prior steps taken with Maison Bäumer.
The customer remains free to accept or refuse recourse to 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 of Sale may give rise shall be submitted to the competent court of the customer's domicile.
The fact that one of the Parties does not claim from the other Party a breach of any of its obligations referred to in these General Terms and Conditions of Sale shall not be interpreted for the future as a waiver of the obligation in question.