§ 1 Applicability, Contracting Partner, Delivery Restrictions
(1) These General Terms and Conditions apply to all contracts entered into between you, as the customer, and us, as the operator of the Ligne St Barth Online Shop (www.lignestbarth.com). By placing an order, you accept these General Terms and Conditions in the version applicable at the time of your order. The General Terms and Conditions apply to the details of the contract and at the same time contain important consumer information in the legally applicable version.
(2) The operator of the Online Shop, and the partner with whom you are contracting, is: Ligne St Barth, Route de Saline Lorient 97133 St Barthelémy, Antilles Françaises entered in the Commercial Register of Basse-Terre under the number TMC 507 409 076, represented by its president M. Hervé Brin. TVA number :FR15532356177
(3) Please contact us if questions, wishes or complaints arise: e-mail: email@example.com, telephone: +590 (0)5 90 27 82 63. Our presentation of goods in the Online Shop is directed solely to consumers. A “consumer,” as defined by law is any natural person who enters into a legal transaction for purposes that mainly cannot be attributed to his or her independent trade, business or profession.
§ 2 Formation of contract
(1) Our presentation of goods in the Online Shop does not represent a binding offer to sell. The offer to enter into a purchase agreement is initiated by you, as the customer, when you click the “Order with obligation to pay” button after completely filling out the order form. You will be bound by this offer for 5 business days; in other words, the contract will take binding effect if we accept your offer within that period of time.
(2) Immediately after you send the order, you will receive a confirmation via e-mail that we have received the order (the “Order Confirmation”), but this does not represent an acceptance of the contract. We will declare that we accept the contract in a separate e-mail as soon as the goods leave our warehouse (the “Contract Confirmation”).
(3) Your statutory right to withdraw from the contract (see § 6 below) will not in any case be affected by the terms above.
(4) The contract will be concluded in French. The text of the contract (consisting of the Order, these General Terms and Conditions and Contract Confirmation) will be stored by us in compliance with data protection and sent to you by e-mail or post with the goods.
§ 3 Prices and incidental charges
(1) The final prices indicated in our Online Shop include the Value Added Tax required by law. They are understood to be quoted in Euro.
§ 4 Payment and reservation of ownership
(1) The purchase price may be paid, at your choice – as described in more detail on the ordering page of our Online Shop – by the following methods: credit card (e.g. Visa or/and MasterCard) or PayPal.
(2) If you pay by credit card, your credit card will be charged when the goods are shipped. Likewise, PayPal payments will not be charged until the goods are shipped.
$ 5 Delivery and transfer of risk
(1) The risk of accidental deterioration and accidental destruction of the goods will be transferred to you as the law provides; this means in particular that the transfer will happen only when the goods are handed over to you, or if you are in delay in accepting the goods. We therefore assume the risk of loss or damage to the goods while in transit to you.
(2) The delivery times we indicate are calculated from the time of our Contract Confirmation, assuming that the purchase price has been paid in advance. Unless some other delivery time for your goods is indicated in our Online Shop, or if no delivery time is indicated there, the delivery time will be 2-5 days.
(3) If we cannot meet a binding delivery deadline for reasons that are not under our control (goods unavailable, for example because our suppliers have not delivered to us, or because of force majeure), we will notify you promptly, indicating a new expected delivery date if possible. If the new delivery date is not acceptable to you, or if the goods are still not available by that time, or are not available at all, both parties are entitled to withdraw from the contract with regard to the goods concerned; we will promptly refund any payment you have already made in this regard. Both parties’ rights under the law are not affected by this clause.
(4) If no one authorized to take delivery is found at the delivery address you indicate during normal delivery hours, the delivery service we use will leave or send you a written notice with further information and instructions, particularly about the date of a reattempted delivery, possibilities for making contact to set a date and time for delivery, and/or the place where the shipment will be left for pickup. This provision will not interfere with any agreements to the contrary that may be reached between you and the delivery service, but those agreements will not establish any liability on our part. If delivery of the goods fails for reasons that are beyond our control, we may withdraw from the contract; any payments you have made will be promptly refunded to you. This clause will not affect our rights under the law, particularly the right to be reimbursed for additional expenses.
§ 6 Right of withdrawal
(1) When consumers conclude a transaction at a distance, they have, in principle, a statutory right to withdraw from the transaction, about which we provide further information below in accordance with the statutory model. The exceptions to the right of withdrawal are stated in paragraph (2) below. A model withdrawal form is contained in paragraph (3):
EXERCISE OF THE RIGHT OF WITHDRAWAL
Instructions on withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Ligne St Barth SAS, Route de Saline, Lorient 97133 St Barthélemy, Antilles Françaises, e-mail : firstname.lastname@example.org telephone: +590 (0)5 90 27 82 63, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of the withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event no later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
(2) The right of withdrawal does not apply according to the statutory provisions to contracts for the supply of sealed goods not suitable for return for health or hygienic reasons if their seal was removed after delivery.
(3) We inform you in accordance with the statutory provisions about the withdrawal form as follows:
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract)
–to: Ligne St Barth SAS, Route de Saline, Lorient 97133 St Barthélemy, Antilles Françaises, e-mail : email@example.com telephone: +590 (0)5 90 27 82 63
–I/we (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/ for the provision of the following service (*),
–Ordered on (*)/received on (*)
–Name of consumer(s)
–Address of consumer(s)
–Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
§ 7 Customer’s rights in event of defects
(1) Your rights in the event of material and legal defects are those defined by law, except as provided otherwise below.
(2) The product descriptions in our Online Shop, and if applicable, more detailed information and instructions from the manufacturer that are delivered together with the goods, are considered agreements on characteristics. Please note such information before deciding to keep the goods.
(3) However, we assume no liability for characteristics indicated by third parties, and especially not by customers in the customer ratings published in our Online Shop.
(4) We will be liable for damages only subject to the terms of § 8 below.
(5) This section does not alter your statutory right to withdraw (see § 6) and your rights under any warranties issued separately or enclosed with the goods.
§ 8 Liability for damages
(1) We will be liable for damages only as required by law, except as provided otherwise below.
(2) In the event of breaches of duty – whatever their legal grounds – we will be liable for wilful misconduct and gross negligence. We will be liable for slight negligence only:
- if it results in injury to life, body or health, or
- if the loss or damage results from the breach of a material contractual obligation (an obligation that must be satisfied in order for the contract to be properly fulfilled, and on the satisfaction of which a contracting partner regularly relies, and is entitled to rely); in this case, however, liability will be limited to compensation for the foreseeable loss or damage that might typically occur.
§ 9 Choice of law, jurisdiction and venue
(1) The General Terms and Conditions of Business and contractual relationship with you will be governed by the laws of France, to the exclusion of substantive uniform law, particularly the United Nations Convention on Contracts for the International Sale of Goods. The statutory provisions on restricting the choice of law and mandatory application in particular of more favorable provisions of the country in which you as consumer have your customary place of residence remain unaffected.
(2) The statutory provisions apply for the place of court jurisdiction.