Terms of sale
PREAMBLE
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 901 205 724.
Email: help@barnie.com
Last updated on 04/09/2024
THE SUBJECT MATTER
These general terms and conditions apply to all orders 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 should be considered as illustrations only. These illustrations cannot guarantee the exact appearance of the corresponding item. BARNIE accepts no responsibility for information originating from third parties and present on its site. The photographs on the site are as accurate as possible but cannot ensure a perfect likeness with the product offered, particularly with regard to colours.
THE PRICE
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 otherwise stated, and excluding processing and shipping fees.
All orders, regardless of their origin, are payable in euros.
BARNIE reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the rate in force at the time the order is confirmed and subject to availability.
Products remain the property of BARNIE until full payment of the price has been received.
As soon as you take physical possession of the ordered products, the risks of loss or damage to the products are transferred to you.
Signing up to our newsletter entitles you to €15 off from €150 of purchases on our site (special offer code sent by email), within 15 days of your registration. This offer cannot be combined with any other discounts on our site.
ORDERS
Any order placed on the website www.barnie.com implies acceptance of these general terms and conditions. Any order confirmation constitutes your full and unreserved acceptance of these general terms and conditions of sale.
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 record a payment and not to confirm an order for any reason whatsoever, and more particularly in the event of a supply problem or difficulty regarding the order received.
PAYMENTS
Confirming your order implies an obligation on your part to pay the indicated price.
Payment for your purchases is made by credit card via the secure Stripe system, financial partner of Shopify, if you pay via Apple Pay or Google Pay, and via Payplug if you pay by credit card.
Payments in 2, 3 or 4 instalments (1.2%) are available via Alma, from €150 of purchases.
The card is charged at the time of order confirmation.
Any applicable customs duties shall be borne by the customer.
WITHDRAWAL
In accordance with the provisions of Article L.121-21 of the Consumer Code, you have a withdrawal period of 14 days from the date of receipt of your products.
Returns must be made in their original condition (packaging, product unworn, unwashed, labels still attached to the product, accessories included). Your liability is engaged in this regard. Any damage sustained by the product may result in the right of withdrawal being forfeited.
The Buyer shall inform BARNIE of their decision to withdraw by sending, before the expiry of the aforementioned period, an email to help@barnie.com or by using their returns processing platform.
For orders within mainland France, the buyer will have the choice between a return for exchange subject to available stock, a store credit, or a refund. Return costs are free of charge if the buyer opts for a store credit or an exchange, and are borne by the buyer if they opt for a refund.
For orders within mainland France, a prepaid return label will be sent to the customer so that they can return any item(s) that do not suit them. A flat fee of €4.90, related to the postage for this return, will be deducted from the product refund.
Return costs are borne by the customer for orders outside mainland France. BARNIE does not cover any customs duties that may apply.
In the event that the right of withdrawal is exercised, BARNIE will proceed with the refund of the amounts paid within a few days of receiving your parcel. BARNIE will issue the refund using the same payment method that was used for the order payment.
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 - RETURNS
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 stock.
In the event that a product is unavailable after your order has been placed, we will inform you by email or by telephone. Your order will be automatically cancelled and the payment recredited to your bank account.
DELIVERY
Products are delivered to the delivery address provided during the order 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 you to inform you of any possible impact on the delivery timeframe indicated to you.
If the parcel is damaged upon collection, please refuse it or have it noted in order to obtain a refund in the event that one of the products is defective or missing.
RETURNS, EXCHANGES, REFUNDS
For in-stock and immediately available products, 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 label still attached.
Returns must be made via our dedicated platform: https://barnie.com/a/return
For orders within mainland France, a prepaid return label will be sent to the customer so that they can return any item(s) that do not suit them. A flat fee of €5.90, related to the postage for this return, will be deducted from the product refund.
For orders outside mainland France, return costs are borne by the customer. The parcel must be sent to the following address:
GROUPE BURLAT - RETURNS BARNIE
910 rue de Cantaranne - ZI de Cantaranne
12850 Onet-le-Château
FRANCE
WARRANTIES AND LIMITATIONS OF LIABILITY
BARNIE's liability in respect of any product purchased on the site is strictly limited to the purchase price of that product.
BARNIE, in the online sales process, is bound only by an obligation of means; its liability cannot be engaged for any damage resulting from the use of the Internet network, such as data loss, intrusion, viruses, service interruption, or other unintentional issues. All our products benefit from legal warranties, provided that use has been normal and that care instructions have been followed.
LEGAL WARRANTY AND CONFORMING DELIVERY
In accordance with Article L217-4 of the Consumer Code, the seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery. The seller is also liable for conformity defects resulting from packaging, assembly instructions, or installation where the latter has been made the seller's responsibility under the contract or has been carried out under the seller's responsibility.
In application of Article L217-5 of the Consumer Code, the goods conform to the contract:
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If it is fit for the purpose normally expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer or their representative, particularly in advertising or labelling
- Or if it presents the characteristics mutually agreed upon by the parties, or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
LEGAL WARRANTY AGAINST LATENT DEFECTS
In accordance with Article 1641 of the Civil Code, the seller is liable for warranty in respect of hidden defects in the item sold that render it unfit for the purpose for which it was intended, or that so diminish that use that the buyer would not have purchased it, or would only have paid a lower price for it, had they been aware of them.
In the event of a claim under the legal warranty of conformity:
- The action resulting from a lack of conformity is subject to a limitation period of (2) two years from the delivery of the goods (Article L217-12 of the Consumer Code).
- In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a manifestly disproportionate cost compared to the other option, 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 option not chosen by the buyer. (Article L217-9 of the Consumer Code)
- Conformity defects that appear within a period of (24) twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. (Article L217-7 of the Consumer Code).
The legal warranty of conformity applies independently of the commercial warranty granted by BARNIE under Article 8 of these general terms and conditions of sale.
In the event of a claim under the warranty against latent defects:
- The buyer has the choice of returning the item and obtaining a full refund of the price, or keeping the item and obtaining a partial refund of the price, as determined by experts (Article 1644 of the Civil Code).
- The action resulting from latent defects must be brought by the purchaser within a period of (2) two years from the discovery of the defect (Article 1648, paragraph 1 of the Civil Code).
In order to implement these warranties, the product must be returned in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial order and a copy of the complaint, to BARNIE's registered office, after sending an email indicating the reason for the product return to help@barnie.com.
INTELLECTUAL PROPERTY
All elements of the website www.barnie.com are and remain the exclusive intellectual property of BARNIE. No one is authorised to reproduce, exploit, redistribute or use in any way whatsoever, even partially, any elements of the site, whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without written consent from BARNIE.
PERSONAL DATA
As an online retailer, we collect a certain amount of information necessary for processing orders.
All this information is handled with the utmost confidentiality.
In accordance with the "Data Protection and Civil Liberties" Act of 6 January 1978, you have the right to access, rectify, modify and delete data concerning you.
You may exercise this right by sending us a letter to the following address or by email:
Email: help@barnie.com
You can also update your personal details from your customer account by logging in with your email address and the code that will be sent to you.
APPLICABLE LAW - COMPETENT JURISDICTIONS - MEDIATION
These general terms and conditions of sale and the contractual relations between BARNIE and the Buyer are governed by French law.
Any dispute relating to the interpretation, performance or termination of these general terms and conditions of sale and/or the contractual relations between BARNIE and the Buyer shall be subject to the exclusive jurisdiction of the French courts, notwithstanding a plurality of defendants and/or warranty claims, even for urgent proceedings or interim injunction proceedings. The competent court in the event of a dispute shall be that of the defendant's place of 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.