General terms and conditions of sale
The laforgeagab.fr website is the online store selling the Gabriel Berthélémy knives, and managed by the Gabriel Berthélémy entreprise, which is the sole operator of this site, and whose manager is Mr Gabriel Berthélémy.
All orders made to the store via the laforgeagab.fr website imply the prior reading and acceptance of the following general terms and conditions.
Consequently, the customer acknowledges that he/she has been fully informed of the fact that his/her agreement to the content of these general terms and conditions of sale does not require the handwritten signature of this document, insofar as the customer wishes to order online the knives presented in the laforgeagab.fr website. The customer has the option of saving or printing these general terms and conditions of sale, it being understood that the retention of this document is the sole responsibility of the customer.
Our online store managed by the entreprise Gabriel Berthélémy through the website laforgeagab.fr mentions the following information:
Legal notice identifying the entreprise Gabriel Berthélémy;
Presentation of the characteristics and visuals of the goods offered;
Indication of the price of the goods and, where applicable, delivery charges, in euros;
Indication of payment and delivery terms;
The existence of a right of withdrawal or return of goods (under conditions) ;
All this information is presented in French and in English. The customer declares that he/she understands this language and that he/she has full legal capacity to commit to the present terms and conditions.
Article 1 : Entirety
The present general terms and conditions of sale express the entirety of the obligations of the parties. In this sense, the customer accepts unreservedly all the provisions of these general terms and conditions of sale. No other general or specific terms and conditions may be incorporated herein, insofar as such documents are incompatible with these general terms and conditions of sale.
Article 2 : object
The purpose of these general conditions of sale is to define the rights and obligations of each party in the context of the online sale of knives offered by Gabriel Berthélémy to its customers.
Article 3: Entry into force and duration
The present terms and conditions of sale come into force on the date of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods purchased, until the expiry of the guarantees owed by the entreprise Gabriel Berthélémy.
Article 4 : Electronic validation
The customer’s “click” on the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature.
Article 5 : Order confirmation
Contractual information will be confirmed by e-mail once the purchase process has been validated.
Article 5.1 : Weapons
The customer certifies that he/she is of legal age for the purchase of any edged weapon at the time the order is sent. L’entreprise Gabriel Berthélémy cannot be held responsible in the case of a purchase for a third party or even for any use that is criminally reprehensible on the part of its user.
Article 6: Proof of transaction
The computerized registers, kept on the servers of Gabriel Berthélémy’s hosting company under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Purchase orders and invoices are archived on a reliable, durable and secure medium that can be produced as proof if required.
Article 7 : product information
The Gabriel Berthélémy entreprise presents on its website laforgeagab.fr the products to be sold with the necessary characteristics to enable compliance with article L111-1 of the French Consumer Code, which provides for the possibility for the potential customer to know the essential characteristics of the product he/she wishes to purchase before the final order is taken.
Article 8: Applicable prices
Prices are indicated in euros and are only valid on the date the order form is sent by the customer. Prices include all taxes, as Gabriel Berthélémy is not liable for VAT. The full price of the item must be paid at the time of ordering. At no time may the sums paid be considered or transformed as deposits or advance payments.
Article 9 : Method of payment
In order to pay for an order, the must use the Paypal system using a Paypal account. The customer certifies that he/she has the necessary authorizations to use the method of payment when validating the order form with the Gabriel Berthélémy entreprise.
The Gabriel Berthélémy entreprise reserves the right to suspend any order as well as any delivery in the event of refusal of authorization of payment on behalf of the officially accredited organizations or in the event of payment refused by its bank.
The Gabriel Berthélémy entreprise reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full its order, as long as this payment dispute exists.
Article 10 : shipping times
Orders are dispatched within 48 hours of validation of the customer’s order, wherever possible, with the exception of public holidays and weekends.
Delivery within twenty-four hours (+24h service) cannot be guaranteed by Gabriel Berthélémy as this service is subcontracted to a third party.
Article 11 : Delivery terms
Products are delivered to the address indicated by the customer on the order form in metropolitan France, in countries belonging to the European Union (EU) and in non-EU countries.
Receipt on delivery
It is the customer’s responsibility to check the condition of the package upon receipt, and to report any damage to the carrier on the delivery slip when the package is signed for, as well as to Gabriel Berthélémy, within 5 working days.
Delivery by La Poste
If the client is absent during home delivery, a delivery notice will be left in the letterbox, allowing the parcel to be collected at the local post office indicated during opening hours, within 15 days.
In the event of late delivery in relation to the date indicated in the dispatch email, the consumer must report the delay by contacting Gabriel Berthélémy, who will launch an inquiry with La Poste if the parcel occurs to be lost.
The investigation may take up to 30 days from the start date of the investigation. If the product is found during this period, it will be returned to the customer.
If, on the other hand, the product is not found at the end of the 30-day investigation period, the Post Office will consider the parcel as lost and Gabriel Berthélémy will refund the goods.
Article 12 : Delivery problems caused by the carrier
Any anomaly concerning the delivery: damage, missing product compared to the delivery note, damaged parcel, broken product, etc. must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the customer’s signature. At the same time, the customer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within two working days of the delivery date. The customer must send a copy of this letter by email or by post to Gabriel Berthélémy at the address given at the bottom of this page.
Article 13 : Delivery errors
Any complaint to the Gabriel Berthélémy entreprise must be made in priority by electronic means to the e-mail address indicated on the delivery note or by logging on to the customer area on the laforgeagab.fr website. In order for the claim to be processed correctly, the customer must specify the order reference shown on the delivery note.
Upon receipt of the claim, the Gabriel Berthélémy entreprise will assign a returns number to the product concerned and will communicate it to the customer by e-mail.
The exchange or return of a product can only take place after the attribution of an exchange number according to the procedure presented above.
In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Gabriel Berthélémy entreprise in its entirety and in its original packaging, to the address provided by the Gabriel Berthélémy entreprise.
Pursuant to Article 217-12 of the French Consumer Code, the Gabriel Berthélémy entreprise shall bear the cost of returning the goods in conformity with the product ordered by the customer. To be accepted, all return requests must be notified in advance to the Gabriel Berthélémy entreprise.
The Gabriel Berthélémy entreprise is responsible for shipping costs, except in the event that the returned product does not correspond to the original declaration made by the customer in the return form.
Article 14: Right of withdrawal
To exercise the right of withdrawal within 14 days, contact Customer Service: Sample withdrawal form URL : https://entreprendre.service-public.fr/vosdroits/R38397?lang=en
The customer has a period of 14 (fourteen) working days to exercise his right of withdrawal on a product that do not suit him. This right of withdrawal must be asserted electronically to the Gabriel Berthélémy entreprise.
This period runs from the time of delivery to the customer. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.
In order to speed up the refund process, you have to obtain a return number from the Gabriel Berthélémy entreprise.
This return number gives the customer 7 (seven) additional days from the date of obtaining the return number to return the products at his own expense. The product must be returned to the address provided by the Gabriel Berthélémy entreprise.
Please note: the right of withdrawal does not apply to personalized products, such as those engraved on a blade or any other operation making it impossible to resell the knife.
Conditions for returnable products
Only products returned in their entirety, in their original packaging and in perfect condition for resale will be accepted. Any product that has been damaged, used or whose original packaging has been damaged in such a way as to compromise its resale will not be eligible for return and will be returned to its purchaser. According to article L221-23 of the French Consumer Code, deterioration of the packaging excluding any right of return is defined as deterioration other than that resulting from handling necessary to establish the nature, characteristics and condition of the product.
Refund and right of withdrawal
This right of withdrawal is exercised without penalty, with the exception of return costs.
In application of article L221-24 of the French Consumer Code, in the event of exercising the right of withdrawal, the Gabriel Berthélémy entreprise will refund the customer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date on which the entreprise the Gabriel Berthélémy entreprise is informed of the customer’s decision to withdraw.
The customer will then be refunded using the same payment method that was used when the customer placed the initial order (PayPal).
Article 15 : Force majeure
Neither party will have failed in its contractual obligations to the extent that their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Fortuitous event or force majeure shall be deemed to be all irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on a solution.
If the case of force majeure lasts longer than three months, the present general terms and conditions of sale may be terminated by the injured party. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supply, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 16 : partial non-validation
If one or more stipulations of these general terms and conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations shall retain their full force and scope.
Article 17: Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of one or other of the obligations referred to in these general terms and conditions of sale shall not be construed as a waiver of the obligation in question for the future.
Article 18: Applicable law
The present terms and conditions are governed by French law, notwithstanding any rules relating to conflict of laws. This applies to both substantive and formal rules.
In the event of a dispute, the customer may contact the Gabriel Berthélémy entreprise to seek an amicable solution.
In the absence of an amicable agreement between the parties, the dispute will be submitted to the French courts.
With the exception of natural persons, for whom the competent courts will be determined by the provisions of the Code of Civil Procedure, in the event of a dispute concerning the interpretation, execution or termination of the present contract, the Commercial Court of Valence (Drôme – FRANCE) will have sole jurisdiction, notwithstanding any rule relating to conflicts of law.
Article 19 : personal data
The information requested from the customer is necessary to process the order and is kept by the entreprise the Gabriel Berthélémy entreprise. This information may not be transferred to third parties.
The Gabriel Berthélémy entreprise keeps the personal data provided by the site user confidential and shall not transfer them to other companies or organizations. The Gabriel Berthélémy entreprise commits to ensure that any person who equests it has the right to access, rectify and delete data concerning him or her. In the context of a request via the aforgeagab.fr website, the information requested from the customer is necessary for its processing. The customer may contact the Gabriel Berthélémy entreprise, whose contact details can be found at the end of this page, to exercise his or her rights of access and rectification with regard to the information concerning him or her that appears in the files of the Gabriel Berthélémy entreprise, manager of the site www.laforgeagab.fr, under the conditions provided for by the law of January 6, 1978.
Contact details
entreprise the Gabriel Berthélémy entreprise
Contact details :
Gabriel Berthélémy
gabriel.berthelemy@gmail.com
13 rue de l’Hôtel de Ville
26400 Crest – FRANCE