General conditions of sale

1. PURPOSE

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

On the Site, BERTHE allows the Customer to order online products of the BERTHE AUX GRANDS PIEDS brand (hereinafter “the Product(s)”) in accordance with these general conditions.

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

These general terms and conditions of sale are permanently accessible at the following address: https://bertheauxgrandspieds.com/pdf/cgv.pdf

2. PRODUCTS AND COMPLIANCE

2.1. The details and characteristics of the Products offered by BERTHE can be viewed on the Site.

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

The Customer acknowledges having read all of these elements prior to any order, so that he declares himself fully informed of the nature and specific characteristics of the Products he wishes to acquire.

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

3. CUSTOMER OBLIGATIONS

3.1. The Customer declares that he/she is at least 18 years old and has the legal capacity or holds parental authorization allowing him/her to place an order on the Site.

3.2. The Client undertakes to communicate to BERTHE the real and necessary information elements for the performance of the service subject to these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone number and valid e-mail.

The Customer is responsible for the consequences arising from information transmitted that is false or inaccurate or whose use would be unlawful.

3.3. Once the order has been placed, BERTHE sends the Customer an e-mail confirming the order. It informs the Customer of the dispatch of the products.

3.4. The Customer can modify his data in the “ my account” section ".

4. ORDER

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

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

4.3. BERTHE may accept orders within the limit of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.

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 his order and be reimbursed, if applicable, the 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 taxes that may be applicable), excluding shipping costs, contribution to order processing costs and packaging costs.

Shipping costs, contribution to order processing costs and packaging costs will be indicated in the Customer's basket, before final validation of the order.

Prices may be changed at any time, without notice and in particular in the event of a change in tax or economic data. Items will be invoiced on the basis of the rates in effect at the time the order is registered.

6. DELIVERY

6.1. Delivery costs

DELIVERY TO FRANCE, MONACO AND ANDORRA

Free delivery from 79€ of purchase.

Delivery via Colissimo Domicile without signature in 48/72 hours: €7.30 incl. tax, free for purchases over €79.

Delivery via Colissimo Point Retrait (Post Offices or Pickup Relay or Pickup Station locker) in 48/72 hours: €7.30 incl. tax, free for purchases over €79.

DELIVERY TO BELGIUM, GERMANY, NETHERLANDS, LUXEMBOURG, UNITED KINGDOM, SPAIN, PORTUGAL, AUSTRIA, ESTONIA, HUNGARY, LATVIA, LITHUANIA, CZECH REPUBLIC, SLOVAKIA, SLOVENIA AND SWITZERLAND

Free delivery from 100€ purchase.

Delivery via Colissimo Domicile with signature in 4 to 7 days: €11.90 incl. tax, free for purchases over €100.

Delivery via Colissimo Point Retrait (Post Offices or Pickup Relay or Pickup Station locker) in 4 to 7 days: €11.90 incl. tax, free for purchases over €100.

For delivery to Switzerland, customs charges may be applied and are the responsibility of the customer, the products being invoiced excluding tax.

DELIVERY TO IRELAND, ITALY, DENMARK, POLAND, SWEDEN, FINLAND, GREECE, ICELAND, MOROCCO, ALGERIA, TUNISIA, MALTA, NORWAY AND TURKEY

Free delivery from 150€ of purchase.

Delivery via Colissimo Expert with signature in 4 to 7 days: €15.90 incl. tax, free for purchases over €150.

For delivery outside the European Union, customs charges may be applied and are the responsibility of the customer, the products being invoiced excluding tax.

DELIVERY TO OVERSEAS DEPARTMENTS

Free delivery from 150€ purchase.

Delivery via Colissimo Domicile with signature in 4 to 10 days: €22.90 incl. tax, free for purchases over €150.

DELIVERY TO AUSTRALIA, CANADA, CHINA, SOUTH KOREA, USA, HONG KONG, INDIA, ISRAEL, JAPAN, RUSSIA, SINGAPORE THAILAND AND VIET-NAM

Free delivery from 200€ of purchase.

Delivery via Colissimo Expert with signature in 4 to 10 days: €22.90 incl. tax, free for purchases over €200.

For delivery outside the European Union, customs charges may be applied and are the responsibility of the customer, the products being invoiced excluding tax.

DELIVERY TO AFRICA (EXCLUDING MAGHREB), MIDDLE EAST, AMERICAS (EXCLUDING UNITED STATES AND CANADA), OTHER COUNTRIES IN ASIA AND OCEANIA (EXCLUDING AUSTRALIA)

Free delivery from 200€ of purchase.

Delivery via Colissimo Expert with signature in 4 to 10 days: €27.90 incl. tax, free for purchases over €200.

For delivery outside the European Union, customs charges may be applied and are the responsibility of the customer, the products being invoiced excluding tax.

6.2. Delivery terms

The products are shipped with the delivery note, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information concerning 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 acknowledgement of receipt and request a refund of the order.

If the item has been shipped before receipt of the cancellation of the order due to delivery delay of more than seven (7) days, BERTHE will refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.

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

7. PAYMENT

Full payment must be made when ordering. At no time may the amounts paid be considered as deposits or down payments. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard), with his 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 his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).

The communication by the Customer of his bank card number constitutes authorization for BERTHE to debit his account up to the amount of his order.

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

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

8. EXCHANGES AND RETURNS OF PRODUCT(S)

RIGHT OF WITHDRAWAL

Within fourteen (14) days of receipt of the order, the Customer may request BERTHE to return or exchange the Product(s). The product must not have been worn or washed.

To do this, the Customer will use the return form received with the order and which includes all the information to proceed with the exchange or refund of the Product(s).

The Customer must return the Product(s) at their own expense, except in the case where they have received a product with a manufacturing defect or which 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 condition, new, unworn, unwashed, accompanied by the return slip, to the following address:

Perrin SA SOCK MANUFACTURER

Berthe Aux Grands Pieds - SAV

12 Verdun Street

71300 Montceau-Les-Mines

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

If the Customer fails to comply with these conditions, in particular the return or exchange conditions, BERTHE will not be able to reimburse the Products concerned.

9. OPPOSITION TO TELEPHONE CANVASSING

The Customer, who provided his telephone contact details to BERTHE when placing his order, is informed that he has the possibility of registering on the list of opposition to telephone canvassing on the website: www.bloctel.gouv.fr , if he does not wish to be the subject of telephone canvassing.

10. WARRANTIES AND LIABILITY

BERTHE has a “professional liability” insurance policy with a reputable and notoriously solvent company. It is however specified that BERTHE’s liability is expressly subordinated to the perfect respect of the Client’s obligations, in particular with regard to the payment of the price.

BERTHE cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.

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, etc.).

This Site or any portion of this Site may 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 will remain the full and entire property of BERTHE.

The Customer is therefore required to respect intellectual property rights and may not use the trademarks appearing on the Site and on the products where applicable, or register a trademark which would be detrimental to the rights holder, unless otherwise provided in the contract.

The same applies to any other intellectual property right.

12. WARRANTIES AND LIABILITY

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

For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges being aware of this.

As such, information concerning him may be communicated to BERTHE technical service providers.

Furthermore, BERTHE may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality 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 Client has a right to access and rectify personal data concerning him/her 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: MANUFACTURE DE CHAUSSETTES Perrin SA - Berthe Aux Grands Pieds - SAV - 12, rue de Verdun 71300 Montceau-Les-Mines

This computer processing was declared to the National Commission for Information Technology and Civil Liberties (CNIL) which issued receipt no. 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.

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

To find out more about the management of your data and your rights.

14. FORCE MAJEURE

In the event of the occurrence 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, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties will 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 automatically without compensation for either party.

15. COMPLAINTS

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

- by postal mail addressed to the following address: 12, rue de Verdun – 71300 MONTCEAU-LES-MINES,

- by email 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 Clients are governed by French law.

In the event that a dispute with BERTHE in connection with an order for Products could not be settled within the framework of a prior complaint submitted to it, the Customer is informed that, in accordance with Article L.612-1 of the Consumer Code, he has the possibility of contacting 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 previously attempted to resolve his dispute directly with BERTHE by means of a written complaint.

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

The referral to the Mediator must be made in writing, in detail and with reasons, with a copy of the documents justifying the request, either by post or via the electronic form on the Mediator's website. The Client must provide their telephone or email contact details.

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

17. GENERAL PROVISIONS

17.1. Partial invalidity of a clause

If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.

17.2. Update

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

These general terms and conditions of sale are permanently accessible at the following address: https://bertheauxgrandspieds.com/pdf/cgv.pdf in a computer format allowing them to be printed and/or downloaded, so that the Client can reproduce or save them.

REPRODUCTION OF THE FULL TEXT OF ARTICLES L.217-4, L217-5, L217-12 and L217-16 OF THE CONSUMER CODE

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

It is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed under its responsibility by the contract or has been carried out under its responsibility.

Art. L. 217-5: The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.

Art. L. 217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.

Art. L. 217-16: When the buyer asks the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer's request for intervention or from the provision for repair of the item in question, if this provision is subsequent to the request for intervention.

REPRODUCTION OF THE FULL TEXT OF ARTICLES 1641 AND 1648, PARAGRAPH 1 OF THE CIVIL CODE

"Art. 1641: The seller is bound by the guarantee for hidden defects in 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 have paid a lower price for it, if he had known of them.

Art. 1648, paragraph 1: The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.

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

All means are good to find a BERTHE that suits you!