Article 1 - Application of the conditions
The seller is defined below as the Company MH2F / La Cabane de l'Ours , SARL with a capital of 7,800 euros, registered with the RCS of Nanterre under number 440124386. The buyer is defined below as the company or the person signing and accepting these conditions of sale. The general conditions of sale apply exclusively to all sales concluded by the Company MH2F/La Cabane de l'Ours. The information given on the catalogues, price lists, websites, notes, etc... are only given as an indication and can, as such, be modified by the seller without notice. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these general conditions. These general conditions may be modified at any time and without notice by the Company MH2F/La Cabane de l'Ours, the modifications then being applicable to all subsequent orders.
Article 2 - Orders In the context of orders placed on the website www.lacabanedelours.com and on any other website of the Company MH2F/La Cabane de l'Ours, orders are effective from the date of receipt of payment for checks and from the date of debit from the buyer's account for credit cards.
Any offer to sell is subject to available stocks. Any clause emanating from the buyer, not accepted in writing by the seller which would be in opposition to the present general conditions or particularities defined in the price offer will be considered as null. No unilateral order cancellation will be accepted without the agreement of MH2F/La Cabane de l'Ours.
The images and illustrations on the website www.lacabanedelours.com are not contractual. However, the seller will make every effort to ensure that they are in almost all cases an exact reflection of the product marketed.
Article 3 - Price
Seller's price list does not constitute a sale. It can be modified unilaterally without prior notice.
All prices are net in euros including tax, packaging, transport and freight insurance costs not included, departure from the seller's warehouse.
Prices on goods imported from the USA are likely to vary depending on the dollar rate, carrier prices and customs fees.
Article 4 - Delivery - Transport
Whatever the delivery method, it is made in the seller's warehouse. The risks and perils of transport (loss, damage or theft) are the responsibility of the buyer, if he has appointed a carrier on his behalf. In all cases, delivery is made either by direct delivery to the buyer, or by notice of availability, or by delivery of the goods to a carrier. Unless otherwise agreed when ordering, the seller freely chooses the carrier.
In the case of a loss of package during transport, the investigation times may vary according to the carriers and take from one to three weeks.
The seller is authorized to make partial deliveries. Any partial delivery accepted by the buyer is subject to invoicing upon delivery. In the event of cash on delivery delivery, the buyer is required to make the check immediately available to the carrier. The amount of the cash on delivery is 15 € incl. tax. Otherwise, the material will not be delivered to him and a second presentation at his own expense will be made by the carrier. By express agreement, in the event of force majeure or events such as lockout, strike, total or partial work stoppage in the seller's factory or at its suppliers, epidemic, war, requisition, fire, flood, interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or importation of the goods, the seller is released from all liability upon delivery. The seller will keep the buyer informed in a timely manner of the cases and events listed above. In all cases, delivery on time can only occur if the buyer is up to date with his obligations to the seller, whatever the cause.
Article 5 - Complaints and after-sales service Upon receipt of the goods, the buyer must immediately check their condition and their conformity with the contract. If the package is too damaged, the buyer must refuse it. The labels stuck on all the parts are essential for the guarantee. The packaging must be kept in perfect condition. In the opposite case, the buyer cannot benefit from his right to claim and must pay the sum of 15 € to cover the costs of reconditioning the parts whose original packaging would have disappeared or would have been too damaged. This is also the case when the buyer makes no reservations upon delivery of the goods. All complaints relating to a defect in the goods delivered, an inaccuracy in the quantities or their erroneous reference in relation to the accepted offer or the confirmation of the order by the seller, must be formulated in writing by registered mail within 48 hours from receipt of the goods, without neglecting recourse against the carrier, failing which the right to claim will cease to be acquired. Buyer shall allow Seller to perform all on-site verification operations relating to claims. Any return of goods requires the prior consent of the seller and a return number by sending an email to firstname.lastname@example.org: the buyer will receive a return agreement by email. On this occasion, the buyer must give his precise contact details and provide the designation of the item or items concerned, the defect found and the invoice number corresponding to the parts described. The buyer has, after obtaining the return agreement, a period of 7 days to return the defective goods to the seller. When returning, the buyer will include the mention "SAV", the return number which was communicated to him by the seller, directly on the package and he will also provide a copy of the invoice. Otherwise, the returned package will be refused. Failing agreement, all returned goods will be made available to the buyer at his expense, risk and peril, all transport, storage and handling costs being borne by the buyer.
Article 6 - Right of withdrawal for individuals Under the conditions provided for in Article L121-16 of the Consumer Code and in the context of distance selling, the buyer has a withdrawal period of 7 clear days from of the delivery of his order which will be reimbursed against the return of the products delivered. The buyer must return the goods in their original condition and packaging. When returning goods, please inform us beforehand by email at email@example.com so that we can identify the packages we receive. The return of the goods is carried out at the expense, risk and peril of the buyer.
The withdrawal period is extended to 15 days for components of orders for an amount greater than or equal to €100 incl. tax (see article 8 of these conditions of sale).
Article 7 - Retention of title In application of the law of May 12, 1980, the transfer of ownership of the goods delivered to the buyer will only take place after full payment of the principal and incidental price. During the period from delivery to transfer of ownership, the risks of loss, theft or destruction are the responsibility of the buyer. Failure by the buyer to fulfill his payment obligations, for any reason whatsoever, gives the seller the right to demand the immediate return of the goods delivered at the buyer's expense and risk. The buyer undertakes, in the event of a receivership procedure affecting his company, to participate actively in the establishment of an inventory of the goods in his stocks and of which the seller claims ownership. Failing this, the seller has the right to have the inventory recorded by a bailiff at the buyer's expense. The seller may prohibit the buyer from proceeding with the resale, transformation or incorporation of the goods in the event of late payment. To guarantee payments not yet made and in particular the balance of the account of the buyer in the writings of the seller, it is expressly stipulated that the rights relating to the goods delivered but unpaid will refer to the identical goods from the seller in stock at the purchaser, without the need to apply payments to a specific sale or delivery.
Article 8 - Termination clause In the event of non-compliance with one of the buyer's obligations by the latter, the sale will be automatically terminated and the goods will be returned to the seller if it sees fit, without prejudice to any damages. and interests that the seller could claim against the buyer, within 48 hours after the formal notice has no effect. In this case, the seller is authorized to claim from the buyer a fixed compensation of 15% of the amount of the sale.
Article 9 - Payment Payments must be made in such a way that the seller can dispose of the sums on the due date. Except for special conditions expressly written or specific conditions granted to business customers after studying their file, payments must be made by transfer to the order - credit card - or by check to the order. The seller reserves the right to request a cashier's check from the buyer in the event that the sums involved are significant. In the event that the seller accepts payment by draft, the buyer must return it accepted and domiciled within eight days. The costs are the responsibility of the buyer, in the absence of return of the accepted draft within the period mentioned, payment will become immediately due. In the event of staggered payment, expressly accepted by the seller, non-payment of a single installment at its term will immediately make the full price payable, regardless of the conditions previously agreed, even if the installments have given rise to the establishment of acceptable drafts. The same will apply in the event of sale, assignment, pledge or contribution to the company of its business by the buyer. The seller may withhold delivery of the goods concerned until the representation of the guarantee. Any payment after the fixed payment date may give rise to the invoicing of penalties without prior formal notice from the buyer being necessary. The amount of these penalties would be at least equivalent to that which would result from the application of a rate equal to 1.5 times the legal interest rate in force on the day of the application of the penalties, without this clause excluded from additional damages. The buyer may never, on the grounds of a complaint made by him, withhold all or part of the sums owed by him, nor operate compensation. When the buyer is in arrears with total or partial payment of a due date, the seller may by this sole fact and without the need for prior formal notice, immediately suspend deliveries, without the buyer cannot claim damages from the seller. In the event of litigation, the seller is entitled to claim reimbursement from the buyer for costs of any kind related to the lawsuit. For all payments made on the website, the seller reserves the right to accept the sale to ask the buyer to prove his identity and place of residence.
Article 10 - Jurisdiction clause Any dispute relating to the formation, execution and termination of contractual obligations between the parties that cannot give rise to an amicable settlement, will be subject to the jurisdiction of the Commercial Court of Nanterre in whose jurisdiction the seller's head office is located, whatever the conditions of sale and the method of payment accepted, even in the event of a warranty claim or multiple defendants, the seller reserves the right to seize the Court territorially jurisdiction to which the buyer's head office belongs. The present contract is regulated by French law. The application of the Vienna Convention on the international attribution of goods is expressly excluded.
MH2F / The Bear Shack
1908 BC. Salengro
Article 1 - Application of the conditions