General conditions of sale

1. PURPOSE

These general terms and conditions of sale aim to define the rights and obligations of the BERTHE AUX GRANDS PIEDS company and the customer of products presented by BERTHE AUX GRANDS PIEDS on its website www.bertheauxgrandspieds.com (hereinafter "the Site"). They apply exclusively between the company BERTHE WEB and the BERTHE AUX GRANDS PIEDS Brand, 9, route des Davières 49125 BRIOLLAY, RCS 532 288 784 R.C.S Angers (hereinafter "BERTHE") and any natural person consumer visiting or making a purchase via the said Site (hereinafter "the Customer").

On the Site, BERTHE allows the Customer to order BERTHE AUX GRANDS PIEDS brand products online (hereinafter "the Product(s)") according to these general conditions.

Any order placed with BERTHE therefore implies the Customer's unreserved acceptance of these terms and conditions. These general conditions may be modified at any time and without prior notice by BERTHE, the applicable conditions being those in force on the date of the Customer's order.

These general terms and conditions of sale are permanently accessible in a computer format allowing their printing and/or download, so that the Customer can reproduce or save them.

2. PRODUCTS AND COMPLIANCE

2.1. Details and characteristics of the Products offered by BERTHE can be consulted on the Site.

Each Product is presented in the form of a product sheet including a description of it (including: item name, item photo, available size, country of manufacture, material, care instructions) as well as its price.

The Customer acknowledges having read all these elements prior to any order, so that they declare themselves perfectly informed of the nature and specific characteristics of the Products they wish to acquire.

2.2. The Products offered by BERTHE comply with the standards applicable in France.

Elements such as photographs, texts, graphics, as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.

Consequently, BERTHE cannot be held liable for any error or omission of any of these elements or in case of modification of the said elements by suppliers and/or publishers.

3. CUSTOMER OBLIGATIONS

3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing them to place an order on the Site.

3.2. The Customer undertakes to provide BERTHE with the real and necessary information for the performance of the service covered by these conditions as requested online and according to their situation, including their first name, last name, address, valid phone number and email.

The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or whose reuse would be unlawful.

3.3. Once the order is placed, BERTHE sends the Customer an email confirming it. It informs them of the shipment of the products.

3.4. The Customer can modify their data in the "my account" section.

4. ORDER

4.1. Any order will only be validated after payment acceptance.

4.2. BERTHE reserves the right to cancel or refuse an order in case of a dispute with the Customer regarding a previous order.

4.3. BERTHE can accept orders within the limits of available stock. It informs the Customer of the availability of Products sold on the Site at the time of order confirmation.

If, despite BERTHE's vigilance, the products are unavailable, BERTHE will inform the Customer by e-mail as soon as possible. The Customer may then cancel their order and be reimbursed, if applicable, for sums already paid.

5. PRICE

5.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and other potentially applicable taxes), excluding shipping costs, order processing fees, and packaging costs.

Shipping costs, order processing fees, and packaging costs will be indicated in the Customer's cart before final order validation.

Prices may be modified at any time, without notice, and especially in the event of changes in tax or economic data. Items will be billed based on the rates in effect at the time the order is registered.

6. DELIVERY

6.1. Delivery costs

ZONE A (METROPOLITAN FRANCE) - DELIVERY TO FRANCE, MONACO AND ANDORRA

Free delivery from 50€ of purchase.

Delivery via Colissimo Domicile without signature in 2 to 3 working days: 7.90€ TTC, free from 50€ of purchase.

Delivery via Colissimo Point Retrait (Post offices or Pickup Relay or Pickup Station locker) in 2 to 3 working days: 7.90€ TTC, free from 50€ of purchase.

ZONE B (OVERSEAS) - DELIVERY TO REUNION, MAYOTTE, GUADELOUPE, MARTINIQUE, SAINT-BARTHÉLÉMY, SAINT-MARTIN, SAINT-MARTIN (DUTCH PART), SAINT-PIERRE-ET-MIQUELON, FRENCH GUIANA, NEW CALEDONIA, FRENCH POLYNESIA, WALLIS AND FUTUNA.

Free delivery from 150€ of purchase.

Delivery via Colissimo International Domicile with signature in 5 to 22 working days: 19.90€ TTC, free from 150€ of purchase.

ZONE C - DELIVERY TO GERMANY, AUSTRIA, BELGIUM, SPAIN, GIBRALTAR, GUERNSEY, ITALY, LUXEMBOURG, NETHERLANDS AND PORTUGAL.

Free delivery from 100€ of purchase.

Delivery via Colissimo Point Relai in 5 to 7 working days: 9.90€ TTC, free from 100€ of purchase.

Delivery via Colissimo International Domicile with signature in 5 to 7 working days: 9.90€ TTC, free from 100€ of purchase.

ZONE D - DELIVERY TO DENMARK, ESTONIA, HUNGARY, LITHUANIA, POLAND, CZECH REPUBLIC, SLOVAKIA, SLOVENIA, SWEDEN.

Free delivery from 100€ of purchase.

Delivery via Colissimo Point Relai in 4 to 5 days: 13.90€ TTC, free from 100€ of purchase.

Delivery via Colissimo International Domicile with signature in 4 to 5 working days: 13.90€ TTC, free from 100€ of purchase.

For delivery outside the European Union, customs fees may apply and are the responsibility of the customer, as products are billed without tax.

ZONE E - DELIVERY TO ISLE OF MAN, IRELAND, JERSEY, UNITED KINGDOM, SAN MARINO AND VATICAN.

Free delivery from 100€ of purchase.

Delivery via Colissimo International Domicile with signature in 3 to 8 working days: 9.90€ TTC, free from 100€ of purchase.

For delivery outside the European Union, customs fees may apply and are the responsibility of the customer, as products are billed without tax.

ZONE F - DELIVERY TO BULGARIA, CROATIA, CYPRUS, FINLAND, LATVIA, MALTA, NORWAY, ROMANIA, SWITZERLAND, ALGERIA, MOROCCO, TUNISIA, GREENLAND, ARMENIA, AZERBAIJAN, GEORGIA, TURKEY, ALBANIA, BOSNIA-HERZEGOVINA, FAROE ISLANDS, ICELAND, LIECHTENSTEIN, NORTH MACEDONIA, MOLDOVA, MONTENEGRO, SERBIA AND UKRAINE

Free delivery from 150€ of purchase.

Delivery via Colissimo International Domicile with signature in 3 to 8 working days: 13.90€ TTC, free from 150€ of purchase.

For delivery outside the European Union, customs fees may apply and are the responsibility of the customer, as products are billed without tax.

ZONE G - DELIVERY TO AUSTRALIA, HONG KONG, ISRAEL, JAPAN, SINGAPORE, SOUTH KOREA, UNITED STATES, CHINA, INDIA, THAILAND, VIETNAM AND RUSSIA.

Free delivery from 150€ of purchase.

Delivery via Colissimo International Domicile with signature in 3 to 8 working days: 19.90€ TTC, free from 150€ of purchase.

For delivery outside the European Union, customs fees may apply and are the responsibility of the customer, as products are billed without tax.

ZONE H - DELIVERY TO MALAYSIA, NEW ZEALAND, UNITED ARAB EMIRATES, SOUTH AFRICA, ANGOLA, BENIN, BOTSWANA, BURKINA FASO, BURUNDI, CAMEROON, CAPE VERDE, COMOROS, CONGO-BRAZZAVILLE, CONGO-KINSHASA, CÔTE D'IVOIRE, DJIBOUTI, EGYPT, ERITREA, ETHIOPIA, GABON, GAMBIA, GHANA, GUINEA, EQUATORIAL GUINEA, GUINEA-BISSAU, KENYA, LESOTHO, LIBERIA, LIBYA, MADAGASCAR, MALAWI, MALI, MAURITIUS, MAURITANIA, MOZAMBIQUE, NAMIBIA, NIGERIA, UGANDA, CENTRAL AFRICAN REPUBLIC, RWANDA, WESTERN SAHARA, SAINT HELENA, SAO TOME AND PRINCIPE, SENEGAL, SEYCHELLES, SIERRA LEONE, TANZANIA, CHAD, TOGO, ZAMBIA, ZIMBABWE, ASCENSION ISLAND, ANGUILLA, ANTIGUA AND BARBUDA, ARUBA, BAHAMAS, BARBADOS, BELIZE, BERMUDA, COSTA RICA, CURACAO, DOMINICA, GRENADA, GUATEMALA, HAITI, HONDURAS, CAYMAN ISLANDS, BRITISH VIRGIN ISLANDS, JAMAICA, MEXICO, MONTSERRAT, NICARAGUA, PANAMA, DOMINICAN REPUBLIC, SAINT KITTS AND NEVIS, SAINT VINCENT AND THE GRENADINES, EL SALVADOR, TRINIDAD AND TOBAGO, ARGENTINA, BOLIVIA, BRAZIL, CHILE, COLOMBIA, ECUADOR, SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS, GUYANA, FALKLAND ISLANDS, PARAGUAY, PERU, SURINAME, URUGUAY, VENEZUELA, AFGHANISTAN, SAUDI ARABIA, BAHRAIN, CAMBODIA, INDONESIA, IRAQ, JORDAN, KAZAKHSTAN, KYRGYZSTAN, KUWAIT, LAOS, LEBANON, MALDIVES, MONGOLIA, MYANMAR, NEPAL, OMAN, UZBEKISTAN, PAKISTAN, PHILIPPINES, QATAR, MACAU, SRI LANKA, TAJIKISTAN, TAIWAN, EAST TIMOR, TURKMENISTAN, BELARUS, ALAND ISLANDS, SVALBARD AND JAN MAYEN, CHRISTMAS ISLAND, NORFOLK ISLAND, COCOS ISLANDS, COOK ISLANDS, PITCAIRN ISLANDS, SOLOMON ISLANDS, KIRIBATI, NAURU, PAPUA NEW GUINEA, SAMOA, TOKELAU, TONGA, TUVALU AND VANUATU.

Free delivery from 150€ of purchase.

Delivery via Colissimo International Domicile with signature in 3 to 22 working days: 24.90€ TTC, free from 150€ of purchase.

For delivery outside the European Union, customs fees may apply and are the responsibility of the customer, as products are billed without tax.

6.2. Delivery methods

Products are shipped with the delivery note to the delivery address indicated by the Customer when placing their order. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative, corresponding to average processing and delivery times. To ensure these deadlines are met, the Customer must ensure they have provided accurate and complete information regarding the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, email address, etc.).

In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request a refund of their order.

If the item was shipped before receipt of the order cancellation for a delivery delay of more than seven (7) days, BERTHE will proceed with the refund of the item and shipping and return costs, upon receipt of the item, complete, in its original condition and with all tags.

BERTHE undertakes to inform the Customer of the progress of their order processing.

7. PAYMENT

Full payment must be made upon ordering. At no time can the amounts paid be considered as deposits or down payments. The Customer pays for their order by credit card (Visa, Eurocard/Mastercard), with their Paypal account, by check or by bank transfer in accordance with the provisions of this article.

For any transaction, the Customer will indicate the number on the front of their card, the expiration date of their card and the cryptogram on the back of their card (last three digits).

The communication by the Customer of their credit card number constitutes authorization for BERTHE to debit their account for the amount of their order.

No cash on delivery shipment will be accepted, whatever the reason.

BERTHE retains ownership of the item until full payment of the price by the Customer.

Purchases are made securely. The payment solutions adopted by BERTHE are 100% secure. For credit card payments (Carte Bleue, Visa Carte Bleue and e-Carte Bleue), all information that Customers communicate to BERTHE is strictly protected and guarantees the conformity and security of each transaction.

8. PRODUCT EXCHANGES AND RETURNS

RIGHT OF WITHDRAWAL

Within fifteen (15) days from receipt of their order, the Customer may request BERTHE to return or exchange the Product(s). The product must not have been worn or washed.

The Customer must return the Product(s) at their own expense, except in cases where they have received a product with a manufacturing defect or one that does not correspond to the Customer's initial order.

The return or exchange is at the Customer's risk. The Product must be returned in its original packaging, in its original, new, unworn, unwashed condition, to the following address:

PERRIN SAS
Berthe Aux Grands Pieds - SAV
12 Rue de Verdun
71300 Montceau-Les-Mines
France

In the event of a refund, it will be made by crediting the refundable amount to the Customer's bank account.

In the event of the Customer failing to comply with these conditions, particularly the return or exchange conditions, BERTHE will not be able to refund the Products concerned.

9. OPPOSITION TO TELEPHONE SOLICITATION

The Customer, who has provided their telephone contact details to BERTHE when placing their order, is informed that they have the option of registering on the list of opposition to telephone solicitation on the website: www.bloctel.gouv.fr, if they do not wish to be subject to telephone solicitation.

10. WARRANTIES AND LIABILITY

BERTHE holds a "professional civil liability" insurance policy with a reputable and notoriously solvent company. It is nevertheless specified that BERTHE's liability is expressly subject to the perfect observance of the Customer's obligations, particularly regarding the payment of the price.

BERTHE's liability cannot be engaged for any inconveniences or damages inherent to the use of the internet network, including service interruption, external intrusion, or the presence of computer viruses, or any event qualified as force majeure, in accordance with law and jurisprudence.

11. INTELLECTUAL PROPERTY

Under no circumstances is the Customer authorized to download or modify all or part of the Site, and in particular its content (listed products, descriptions, images, videos...).

This Site or any part of this Site must not be reproduced, copied, sold, or exploited for commercial purposes without the express written permission of BERTHE.

In general, all copyrights, trademarks, and other distinctive signs and property or intellectual property rights appearing on the Site shall remain the full and entire property of BERTHE.

The Customer is therefore bound to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the products, if applicable, or register a trademark that would prejudice the rights holder, unless otherwise stipulated by contract.

The same applies to any other intellectual property right.

12. WARRANTIES AND LIABILITY

BERTHE undertakes to use the confidential information of Customers only within the framework of the operation of its Site.

For the smooth running of the order, the nominative data collected will be subject to computer processing, the Customer acknowledges having knowledge of this.

As such, information concerning them may be communicated to BERTHE's technical service providers.

Furthermore, BERTHE may apply technical means to obtain non-personal information relating to internet users, intended to improve the functionalities of the site, for example by tracking the number of visitors to certain pages.

In accordance with the law of January 6, 1978, amended by the law of August 6, 2004, the Customer has a right to access and rectify personal data concerning them contained in BERTHE's files. Any request must be sent by e-mail to contact@manufacture-perrin.com or by mail to the following address:

PERRIN SAS
Berthe Aux Grands Pieds - SAV
12, rue de Verdun
71300 Montceau-Les-Mines
France

This computer processing has been declared to the National Commission for Data Protection and Liberties (CNIL), which issued receipt n° 1517135 v 0 on June 29, 2011.

13. PROTECTION OF PERSONAL DATA

As part of the management of the Site and orders placed on it, BERTHE may collect personal data relating to the Customer.

As such, BERTHE undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, European Regulation 2016/679 of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, as well as Law No. 78-17 of January 6, 1978, relating to data processing, files, and freedoms, amended by Law No. 2018-493 of June 20, 2018, relating to the protection of personal data.

14. FORCE MAJEURE

In the event of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.

Expressly considered as cases of force majeure or unforeseen circumstances, in addition to those usually recognized by French courts, are total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrections, wars, bad weather, epidemics, blocking of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes in marketing methods, computer failures, telecommunications blocking, including wired or wireless telecommunication networks, and any other case beyond the parties' control preventing the normal execution of the contractual relationship.

All obligations of the parties shall be suspended for the entire duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.

15. COMPLAINTS

All requests for information and/or complaints can be submitted to our customer service:

‐ by post addressed to the following address:

PERRIN SAS
Berthe Aux Grands Pieds SAV
12 rue de Verdun
71300 Montceau-les-Mines
France

‐ by email addressed to the following address: contact@manufacture-perrin.com,

‐ by telephone at +33 (0) 3 85 67 72 85

16. CONSUMER MEDIATION

The relations between BERTHE and its Customers are governed by French law.

In the event that a dispute with BERTHE related to a product order could not be settled through a prior complaint submitted to BERTHE, the Customer is informed that, in accordance with Article L.612-1 of the French Consumer Code, they have the possibility to use a consumer mediator free of charge, whose contact details are as follows:

The FEVAD e-commerce Mediator service
60 rue la Boétie
75008 PARIS
contact@fevad.com
01 42 56 38 86

The Customer must have first attempted to resolve their dispute directly with BERTHE by written complaint.

The Customer must submit their request to the Mediator within a maximum period of one year from their written complaint to BERTHE.

The request to the Mediator must be made in a detailed and reasoned written format, with copies of documents justifying the request, either by mail or via the electronic form on the Mediator's website. The Customer must provide their telephone number or email address.

In the absence of mediation, all disputes or difficulties, and more generally, all disputes with Customers relating to the interpretation or execution of these general terms and conditions of sale will be submitted to the competent courts under ordinary law conditions.

17. GENERAL PROVISIONS

17.1. Partial invalidity of a clause

If any provision of these terms is declared void or unenforceable by a competent court, it shall be deemed unwritten and shall not invalidate the other provisions.

17.2. Updates

These general terms and conditions may be modified at any time and without prior notice by BERTHE, the applicable terms being those in force on the date of the Customer's order.

These general terms and conditions of sale are permanently accessible in a computer format allowing their printing and/or downloading, so that the Customer can reproduce or save them.

17.3. Applicable Law - Competent Court

These general conditions are subject to French law regarding both substantive rules and procedural rules. Any dispute must first be subject to an attempt at amicable settlement.

In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or third-party claims.

17.4: Full reproduction of articles L. 217-4, L. 217-5 and L. 217-6 of the Consumer Code

« Art. L217-4: The seller delivers goods that conform to the contract and is liable for any conformity defects existing at the time of delivery.

They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when the latter was carried out by them under the contract or under their responsibility.

Art. L. 217-5: The goods conform to the contract:

1° If they are fit for the use ordinarily expected of similar goods and, where applicable:

- if they 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;

- if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by mutual agreement between the parties or are fit for any special use sought by the buyer, brought to the seller's attention, and which the latter has accepted.

Art. L. 217-12: An action resulting from a lack of conformity is time-barred after two years from the delivery of the goods.

Art. L. 217-16: When the buyer requests the seller, during the commercial warranty granted to them upon acquisition or repair of movable goods, a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period.

This period runs from the buyer's request for intervention or the availability of the goods for repair, if this availability is subsequent to the request for intervention. »

17.5: Full reproduction of articles 1641 and 1648, first paragraph of the Civil Code

« Art. 1641: The seller is bound by a warranty against hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price, had they known of them.

Art. 1648, paragraph 1: An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. »

You can contact BERTHE by phone at 03 85 67 72 85.