Terms of sale

PREAMBLE

The company BARNIE, whose registered office is located at 32 avenue du Maréchal Foch, 69006 LYON, is registered with the Lyon Chamber of Commerce and Industry under RCS number 901 205 724.

Email: help@barnie.com

Updated on 04/09/2024

PURPOSE

These general terms and conditions apply to all orders placed for products offered for sale via the website www.barnie.com

Each product is accompanied by a description and photographs. All images on the BARNIE website are to be considered illustrative only. These illustrations cannot guarantee the exact appearance of the corresponding item. BARNIE declines any responsibility regarding information provided by third parties and present on its website. Photographs on the website are as accurate as possible but cannot ensure perfect similarity with the product offered, particularly regarding colours.

PRICING

The prices of our products are indicated in euros inclusive of all taxes (VAT and other taxes applicable on the date of the order), unless stated otherwise, excluding processing and shipping costs.

All orders, regardless of origin, are payable in euros.

BARNIE reserves the right to change its prices at any time, but the product will be invoiced based on the rate in effect at the time the order is confirmed, subject to availability.

Products remain the property of BARNIE until full payment of the price.

As soon as you take physical possession of the ordered products, the risks of loss or damage to the products are transferred to you.

Subscribing to our newsletter allows you to enjoy €15 off purchases of €150 or more on our website (special offer code sent by email), valid for 15 days from your registration date. This offer cannot be combined with any other discounts on our website.

ORDERS

Any order placed on the website www.barnie.com implies acceptance of these general terms and conditions. Any order confirmation entails your full and unreserved acceptance of these general terms and conditions of sale, without exception or reservation.

The order confirmation shall constitute signature and acceptance of the transactions carried out.

All orders are final and cannot be cancelled.

BARNIE reserves the right not to process a payment and not to confirm an order for any reason whatsoever, particularly in the event of supply issues or difficulty regarding the order received.

PAYMENTS

Confirming your order implies the obligation for you to pay the stated price.

Payment for your purchases is made by bank card via the secure Stripe system, Shopify's financial partner, if you pay via Apple or Google Pay, and via Payplug if you pay with your bank card.

Payments in 2, 3, and 4 instalments (1.2%) are available via Alma for purchases of €150 or more.

The card is charged at the time of order confirmation.

Any customs duties shall be borne by the customer.

RIGHT OF WITHDRAWAL

In accordance with the provisions of Article L.121-21 of the French Consumer Code, you have a 14-day withdrawal period from receipt of your products.

Returns must be made in their original condition (packaging, unworn, unwashed product, tags still attached to the product, accessories). In this context, you are liable. Any damage suffered by the product may invalidate the right of withdrawal.

The Buyer shall notify BARNIE of their decision to withdraw by sending an email to help@barnie.com before the expiry of the aforementioned period, or by using its returns platform.

For orders in metropolitan France, the buyer can choose between a return for an exchange subject to stock availability, a credit note, or a refund. Return shipping is free of charge if the buyer opts for a credit note or an exchange, and is at the buyer's expense if they opt for a refund.

For orders in metropolitan France, a prepaid return label will be sent to the customer so that they can return any item(s) that are not suitable. A flat rate of €4.90, covering the postage for this return, will be deducted from the product refund.

Return shipping costs are borne by the customer for orders outside metropolitan France. BARNIE does not cover any customs fees.

If the right of withdrawal is exercised, BARNIE will refund the amounts paid within a few days of receiving your parcel. BARNIE will issue the refund using the same payment method as that used for the order.

Returns can be made via our dedicated platform: https://barnie.com/a/return and must then be sent to the following address:

GROUPE BURLAT BARNIE - RETOURS

910 rue de Cantaranne - ZI de Cantaranne

12850 Onet-le-Château

FRANCE

AVAILABILITY

Our products are available as long as they are visible on the website www.barnie.com and within the limits of available stocks.

In the event that a product is unavailable after your order has been placed, we will notify you by email or phone. Your order will be automatically cancelled and the payment refunded to your bank account.

DELIVERY

Products are delivered to the delivery address provided during the ordering process, within the timeframe indicated on the order confirmation page. If the item is in stock, the parcel is dispatched within 2 to 4 days (excluding weekends, public holidays, and launch periods).

In the event of a dispatch delay, an email will be sent to inform you of any potential impact on the delivery time indicated to you.

If the parcel is damaged upon collection, please refuse it or have this noted in order to obtain a refund should any product be defective or missing.

RETURNS, EXCHANGES, REFUNDS

For products in stock and immediately available, returns must be made within 14 working days of receipt.

The customer's product(s) must be returned in their original packaging, unworn, unwashed, and with the tag still attached.

Returns must be made via our dedicated platform: https://barnie.com/a/return

For orders outside metropolitan France, return shipping costs are the customer's responsibility. The parcel should be sent to the following address:

GROUPE BURLAT - RETOURS BARNIE

910 rue de Cantaranne - ZI de Cantaranne

12850 Onet-le-Château

FRANCE

WARRANTIES AND LIMITATIONS OF LIABILITY

BARNIE's liability with respect to any product purchased on the site is strictly limited to the purchase price of the latter.

In the online sales process, BARNIE is bound only by an obligation of means; it cannot be held liable for damage resulting from the use of the internet, such as data loss, intrusion, viruses, service interruption, or other involuntary issues. All our products benefit from legal guarantees, provided they have been used normally and care instructions have been followed.

LEGAL GUARANTEE AND CONFORMING DELIVERY

In accordance with Article L217-4 of the French Consumer Code, the seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was made their responsibility under the contract or carried out under their responsibility.

Pursuant to Article L217-5 of the French Consumer Code, the goods conform to the contract:

If it is fit for the purpose usually expected of a similar good and, where applicable:
- if it matches the description given by the seller and possesses the qualities presented to the buyer in the form of a sample or model;
- if it possesses the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling
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 attention of the seller and accepted by the latter.

LEGAL GUARANTEE AGAINST LATENT DEFECTS

In accordance with Article 1641 of the French Civil Code, the seller is bound by the guarantee against latent defects in the item sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would only have paid a lower price for it, had they known of them.

In the event of an action under the legal guarantee of conformity:

Any action resulting from a lack of conformity is barred after (2) two years from delivery of the goods (Article L217-12 of the French Consumer Code).
In the event of a lack of conformity, the buyer may choose between the repair and the replacement of the goods. However, the seller may choose not to proceed according to the buyer's choice if this choice involves a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the significance of the defect. The seller is then required to proceed, unless impossible, according to the method not chosen by the buyer. (Article L217-9 of the French Consumer Code)
Lacks of conformity that appear within (24) twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. (Article L217-7 of the French Consumer Code).

The legal guarantee of conformity applies independently of any commercial guarantee granted by BARNIE under the terms of Article 8 of these general terms and conditions of sale.

In the event of invoking the warranty against latent defects:

The buyer has the choice to return the item and have the price refunded, or to keep the item and have part of the price returned, as determined by experts (Article 1644 of the French Civil Code).
The action resulting from redhibitory defects must be brought by the purchaser within (2) two years of the discovery of the defect (Article 1648 paragraph 1 of the French Civil Code).

To exercise these guarantees, the product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the initial order references and a copy of the claim to BARNIE's registered office, after sending an email stating the reason for the return to help@barnie.com.

INTELLECTUAL PROPERTY

All elements of the www.barnie.com website are and remain the exclusive intellectual property of BARNIE. No one is authorized to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or audio. Any simple link or hyperlink is strictly prohibited without prior written agreement from BARNIE.

PERSONAL DATA

As an e-commerce website, we collect a certain amount of information necessary to process orders.

All of this information is treated with the strictest confidentiality.

In accordance with the French Data Protection Act of 6 January 1978, you have the right to access, rectify, amend and delete data concerning you.

You may exercise this right by writing to us at the following address or by email:

Email: help@barnie.com

You can still update your personal details from your customer account by logging in with your email address and the code sent to you.

APPLICABLE LAW - JURISDICTION - MEDIATION

These general terms and conditions of sale and the contractual relationship between BARNIE and the Buyer are governed by French law.

Any dispute relating to the interpretation, execution or termination of these general terms and conditions of sale and/or the contractual relationship between BARNIE and the Buyer shall be subject to the exclusive jurisdiction of the French courts, notwithstanding multiple defendants and/or third-party proceedings, even for emergency or conservatory proceedings in summary or by petition. The competent court in the event of a dispute shall be that of the defendant's domicile.

The Buyer is informed of the possibility of resorting to a mediation procedure in the event of a dispute arising from an online purchase.