TERMS AND CONDITIONS OF SALE
Forge Adour customer service :
Telephone: 05 59 52 40 88 (toll-free) Monday to Friday, 9am to 12pm - 2pm to 5pm.
Contact form: https://www.forgeadour.com/nous-contacter.
Preamble :
These general terms and conditions of sale are entered into between, on the one hand, Forge Adour SAS, registered in the Bayonne Trade and Companies Register under number 450 093 067, and, on the other hand, non-trading individuals of legal age wishing to make a purchase of product(s) on the https://www.forgeadour.com website.
The Site is only open to the sale of Products in France.
Any order placed on the Site implies unreserved acceptance of these GTS. The Parties agree that their relations shall be governed exclusively by these GTC, to the exclusion of all other conditions.
The Company reserves the right to modify these GCS at any time. The terms and conditions applicable are those in force on the date the order is placed.
The Company invites the Customer to keep these GTC on a durable medium, by recording them electronically in his personal files.
Subject:
The purpose of these General Terms and Conditions is to define the terms and conditions of sale between the Company and the Customer, in particular for order taking, payment, order tracking and delivery of the Items.
1. THE ORDER
Any order implies acceptance of the prices and description of the Items available for sale.
The Customer may place an order online for any Article available for sale on the Site.
In the event of the creation of a customer account with a personal user name and password, the Customer must take care to protect his password and not divulge it to anyone, as he is personally responsible for each purchase made with his user name and password.
Once the Customer has selected and added the desired Item(s) to his/her shopping basket, he/she can check the contents of his/her order, choose the delivery and payment method, check his/her order and validate it.
After validation of the order by the Customer and payment, an order confirmation e-mail will be sent to the e-mail address provided by the Customer.
The Company sells in quantities customary for the retail trade. Consequently, the quantities of Articles ordered per reference and the number of orders for the same Article may be limited.
The Company undertakes to inform the Customer if an Item is not available.
It may happen that a product is no longer available after the order has been validated and paid for by the Customer. In this case, the Company will inform the Customer as soon as possible and will reimburse the sum paid by the Customer within fourteen (14) days of the date of this information (30 days maximum depending on the circumstances).
2. PRICES
Payment for purchases is made online when the order is placed.
Prices are quoted in euros, inclusive of all taxes. They take into account the VAT applicable on the day of the order, as well as the ecocontribution on the appliances concerned. These prices do not include shipping costs.
Prices are firm at the time of the Customer's order, subject to availability. If one or more taxes or contributions, in particular environmental taxes, are created or modified, either upwards or downwards, this change may be passed on to the selling price of the Items on the Site.
The Company reserves the right to modify its prices at any time, but the price invoiced to the Customer will be that in force at the time the order is validated.
3. TERMS OF PAYMENT
Payment by credit card
Payment can be made with the following credit cards: Mastercard, Visa, Amex
Payment by PayPal
Payment in several instalments free of charge via ONEY
Payment of your order in 3 or 4 instalments free of charge by credit card from €150 for 3x and €250 for 4x € purchases up to €2000 with Oney Bank Our partner Oney Bank offers you a financing solution called 3x 4x Oney, which allows you to pay for your purchases from €150 in 3 or €250 4 instalments free of charge with your credit card. Conditions: This offer is reserved for private individuals (over 18) residing in France and holding a Visa or MasterCard bank card with a validity date longer than the chosen financing period. Systematic authorization cards such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo and American Express are not accepted.
How to apply: Once you have completed your order, simply click on the “3x 4x Oney payment by credit card” button. You will then be redirected to our partner's 3x 4x Oney web page, where you will find a detailed summary of your order and your personalized financing request, which you must then validate. Enter your personal details or, if you have a 3x 4x Oney account, log in using the login details linked to your 3x 4x Oney account. You then read the general terms and conditions of the instalment plan to which you wish to subscribe, which are provided to you in PDF format so that you can read, print and save them before accepting them. You then notify your electronic acceptance by clicking on the corresponding checkbox. You acknowledge that the “double click” associated with the checkbox on the acknowledgement of the general terms and conditions constitutes consent to contract and irrevocable, unreserved acceptance of the product's general terms and conditions. In the absence of proof to the contrary, the data recorded by Oney Bank constitutes proof of all transactions between you and Oney Bank. If you ask to benefit from a financing solution offered by Oney Bank, the information relating to your order will be transmitted to Oney Bank, which will use it to study your request for the granting of a loan.
How does it work? Payment by credit card in 3 or 4 instalments, free of charge, enables you to pay for your order on our website as follows:
a compulsory deposit, debited on the day of confirmation of shipment of your order, corresponding to one third or one quarter of the order;
two or three monthly instalments, each corresponding to a third or a quarter of the order, debited 30 and 60 days later for 3-time payment and 30, 60 and 90 days later for 4-time payment.
Payment in 3 instalments from €150 up to €2000. Example: For a purchase of €150, deposit of €50 then 2 monthly payments of €50. Credit over 2 months at a fixed APR of 0%. Cost of financing 0€.
Payment in 4 instalments from €250 up to €2000. Example: For a purchase of €400, deposit of €100, then 3 monthly payments of €100. Credit over 3 months at a fixed APR of 0%. Cost of financing 0€.
Oney Bank - SA au capital de 51 286 585€ - Siège social : 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - n° Orias : 07 023 261 - www.orias.fr - Correspondence : CS 60006 - 59 895 Lille Cedex 9 - www.oney.fr
4. DELIVERY
4.1 Terms of delivery
The order will be delivered exclusively in metropolitan France (excluding Corsica and DOM TOM) to the address indicated by the Customer and according to the delivery option chosen.
The Customer undertakes to provide all information relating to delivery conditions (place, recipient, etc.) when placing the order. This information is binding on the Customer. In the event of an error in the recipient's contact details or other information, the Company cannot be held responsible for the impossibility of delivering the items ordered.
Deliveries are made by carrier within 3 to 5 working days, after preparation of the parcel and from the date of dispatch.
This period is extended in the event of strikes or in the event of impossibility of delivery due to bad weather. You will be informed by us if either of these situations occurs. You will be informed of a new delivery date.
In all cases, the customer must check the condition of the package and its contents on receipt. In the event of an incident, the delivery must be refused, with the following note written on the receipt: “refused for poor condition”, together with the date of receipt and signature. At the same time, Customer Service must be contacted by telephone using the contact details given at the top of these GCS. If the complaint is made after delivery, Customer Service must also be contacted, and will advise you of the procedure to follow.
If the goods delivered do not conform to the order (wrong reference), the customer is invited to contact Customer Service via the online contact form, who will inform him/her of the return procedure. The item must be returned in its original packaging, complete (accessories, instructions and other documents included in the packaging). In the event of non-conforming goods, the cost of returning the goods will be borne by the Company.
4.2 Delivery costs
The cost of delivery (shipping costs) depends on the total weight of the order. It will be indicated to the customer before validation and payment of the order.
5. ITEM WARRANTY
5.1 Legal warranty of conformity
Independently of the commercial warranty conditions that may apply to certain categories of Articles, the Company remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 of the French Consumer Code, which allows any consumer :
- to benefit from a period of two (2) years from the date of delivery of the good to take action;
- choose between repairing or replacing the good, subject to the cost conditions stipulated in article L.217-9 of the French Consumer Code;
- be exempted from having to prove the conformity of the good at the time of purchase within twenty-four (24) months of delivery of the good.
The Company also remains bound by the legal warranty relating to hidden defects in the item sold, in compliance with the conditions laid down in articles 1641 to 1648 and 2232 of the French Civil Code, allowing the customer to choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.
Legal provisions relating to the legal guarantee of conformity and the legal guarantee against hidden defects:
Article L.217-4 du Code de la Consommation :
Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance.
Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité.
Article L.217-5 of the French Consumer Code :
The good conforms to the contract:
1° If it is fit for the purpose ordinarily expected of similar goods 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 has the qualities that a buyer may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° 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 seller's attention and accepted by the latter.
Article L.217-12 of the French Consumer Code :
Any action resulting from a lack of conformity must be brought within two (2) years of delivery of the goods.
Article L.217-16 of the French Consumer Code :
When the purchaser asks the seller, during the course of the commercial warranty granted to him at the time of the purchase or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven (7) days is added to the remaining warranty period.
This period runs from the date of the purchaser's request for intervention, or from the date the item in question is made available for repair, if the item is made available after the request for intervention.
Article 1641 of the French Civil Code:
The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.
Article 1648 of the French Civil Code:
Actions arising from redhibitory defects must be brought by the purchaser within two (2) years of 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 can be discharged of the apparent defects or lack of conformity.
5.2 Warranty conditions
The Article must be returned in its original packaging, complete (accessories, instructions and other documents included in the packaging).
The Company undertakes to reimburse the Customer for the non-conforming Article delivered if the conditions for returning the Article are respected.
However, Items returned incomplete, spoiled, damaged by the Customer or used will not be taken back.
The Company is under no obligation to repair or exchange a product that is not accompanied by proof of purchase.
5.3 Commercial warranty
The Company guarantees the cookability of stainless steel plancha plates for 10 years after purchase by the Customer for products purchased on or after January 1, 2020.
The Company guarantees the suitability for cooking of enamelled cast-iron barbecue grills for 5 years after purchase by the Customer, for products purchased on or after January 1, 2018.
The Commercial Warranty covers exclusively family range products purchased in France, and used for domestic purposes in France. This warranty does not cover damage resulting from improper installation, misuse, negligence, failure to follow operating and maintenance instructions, or unauthorized modification or repair of the product. This warranty does not apply to packaging or transportation problems during shipment of the product by its owner. It also does not cover normal wear and tear, maintenance or replacement of consumable parts, or the following cases:
Damage resulting from dropping, impact or overloading:
- damage resulting from lightning or power surges
- damage or malfunction specifically due to use with a voltage or electrical frequency that does not comply with those specified on the nameplate or any other local specification,
- accidents caused by fire, flooding, etc,
- professional or workplace use,
- entry of water, dust or insects into the product.
6. RETURN OF ITEMS
6.1 Right of withdrawal
The customer has the right to withdraw from the purchase of an item on the Site without giving any reason. If the Customer wishes to withdraw, the request must be made :
- via the online form link
- via Customer Service by e-mail at contact@forgeadour.fr
within fourteen (14) days of receipt of the Article. If this period expires on a Saturday, Sunday or public holiday, it will be extended until the next working day.
In the event of the purchase of several Articles delivered separately or of batches, the right of withdrawal will expire fourteen (14) days after the delivery of the last Article or the last batch.
The request must include the following information:
Customer details: Mrs/Mr name, address, telephone number
Date of withdrawal request: DD/MM/YYYY
Request addressed to the attention of : Forge Adour Customer Service by post to [Mouguerre or Bayonne?]
I hereby notify you of my withdrawal for: .........
Item(s) (indicate name on invoice): .........
Ordered on: .........
Under order number: .........
Received on: .........
Upon receipt of the retraction request, Customer Services will inform the Customer of the procedure to be followed and will immediately send the Customer an acknowledgement of receipt of the retraction on a durable medium.
The product must be sent complete and in its original packaging (accessories, manuals, cables, etc.) at your expense to the following address: Forge Adour SAS - Centre Européen de Fret, Bâtiment SOGARIS, Rue de Frais, 64990 MOUGUERRE - within fourteen (14) days from the date of dispatch of the letter (postmarked) or e-mail informing the Company of the withdrawal.
Upon receipt of the returned Article, any payments already received will be reimbursed to the Customer (excluding delivery costs). Items returned incomplete, spoiled, damaged or used will not be taken back and will be returned to the Customer at the Customer's expense.
The Company will make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees that the Company may use another means of payment and insofar as the refund does not incur any costs for the Customer
6.2 Other reasons for return
In all other cases, the return of an item is not authorized without the prior formal agreement of Customer Services. Such returns may, where appropriate, be exchanged or reimbursed.
7. AVAILABILITY OF SPARE PARTS
The Company undertakes to keep all technical spare parts put on the market from January 1, 2020 for an average of 10 years after purchase.
8. SIGNATURES AND EVIDENCE
The online provision of the credit card number and the final validation of the order shall constitute proof of the completeness of the said order and shall constitute payment of the sums incurred by the entry of the Items appearing on the order form.
This validation constitutes signature and express acceptance of all operations carried out on the site.
Computerized registers, kept in the computer systems of the Company and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
9. LIABILITY
These GTS set forth the entire obligations and liabilities of the Company with respect to the supply of the Articles. To the extent permitted by applicable law, the Company disclaims all warranties of any kind, whether express or implied, and all conditions or stipulations other than those expressly stated in these GTC.
More specifically, the Company is not responsible for the suitability of the Articles for the purposes for which you intend them, unless you have informed the Company of such purposes at the time of concluding the sales contract and the Company has accepted them.
The Company may not be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure as defined by Jurisprudence.
Similarly, the Company may not be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion, the presence of computer viruses or the loss of content or material downloaded or transmitted via the website.
10. PERSONAL DATA
The Company collects personal data in order to process your order and may communicate them to its commercial partners in order to satisfy the Customer's request.
Please refer to our Privacy Policy for further details.
The purchase of Products through the Website is subject to the Customer's acceptance of the Privacy Policy.
The Company uses reasonable endeavours to keep your order and payment details secure, but the Company will not be liable for any loss you may suffer if a third party obtains unauthorised access to any data you have provided when accessing or placing an order via the Website.
11. INTELLECTUAL PROPERTY
For more details, please consult the Intellectual Property section of our Terms of Use.
12. PROTECTION OF MINORS
The Company does not knowingly market its products and services to minors or knowingly solicit or collect personal data from or about minors without the consent of a parent or guardian.
13. COMPLETENESS
These General Terms and Conditions of Sale comprise all the clauses of which they are composed. Failure to invoke any of the clauses herein at a given time shall not constitute a waiver of the right to invoke the same clauses at a later date.
Should any of the clauses be rendered null and void by a change in legislation or regulations, or by a court decision, this shall in no way affect the validity of and compliance with the present GCS.
14. DURATION
These General Terms and Conditions of Sale apply from the date of application and for the duration of the online availability of the Products offered by the Company.
15. TRANSACTION STORAGE AND ARCHIVING
Purchase orders and invoices are archived on a reliable and durable medium in such a way as to correspond to a faithful and durable copy in accordance with article 1348 of the French Civil Code.
16. APPLICABLE LAW AND JURISDICTION
These terms and conditions are governed by French law.
In the event of a dispute relating to these GTC, an amicable solution will be sought before any legal action is taken.
The Customer may also visit the European platform for the settlement of consumer disputes set up by the European Commission at the following address: http://ec.europa.eu/consumers.odr/.
The competent court in the event of a dispute will be that of the defendant's place of residence or, at the defendant's option, the place of actual delivery of the product.
17. TRANSACTION STORAGE AND ARCHIVING
Unique identification number issued by ADEME: FR216650_07KIMC
The Company informs you that the presence of substances in electrical and electronic equipment can have potential effects on the environment and human health. For this reason, customers must dispose of any old product at a collection point set up for this purpose: ECO SYSTEME collection point, local waste collection center, nearest social organization (e.g. Emmaüs).
This sign on your Article means that it's an electrical or electronic appliance that should be recycled when you're no longer using it.
All electrical and electronic equipment that has reached the end of its useful life, is obsolete or no longer functional, must not be thrown away in the garbage can or in the commune's selective sorting bins. This is in application of the 2005 European regulations applicable to all European countries, including France.
The aim of these regulations is to limit the waste of raw materials and protect the environment and human health by preventing the dispersion in nature of substances contained in certain appliances.
Under the terms of these regulations, when you buy an item on our site, you contribute to financing the collection, reuse and recycling of your old appliance by paying a WEEE (Waste Electrical and Electronic Equipment) eco-tax. This eco-participation is a contribution included in the price of products, which is paid in full to eco-organizations approved by the public authorities to manage the collection and recycling of WEEE. The amount of the eco-participation is calculated by the eco-organizations and varies according to the appliance and the treatment method.
For this reason, we recommend that you drop off any old product at a collection point set up for this purpose: ECO SYSTEME collection point, local waste collection center, nearest social organization (e.g. Emmaüs).
Any battery(ies) inside the product or accumulator(s) must be removed from the product and disposed of separately at specific collection points.
In addition, the Company undertakes to take back the Customer's old Article free of charge as part of the 1-for-1 trade-in.
If you purchase a new equivalent item, you can return the used item free of charge for recycling.
To do so, please contact the Company as soon as possible after your purchase and before you receive notification of shipment of your new product via the online contact form.
On receipt of your request by e-mail, the Company will inform you of the procedures to follow to enable you to return your device free of charge.
