bartac

Article 1: Foreword

The present conditions are applicable exclusively between;

  • as one party, the bartac Company, registered at the RCS of Paris, under the number 522 780 535 and of which the registered office is located at the following address:
    10 rue du Colisée
    75008 Paris
    France
    hereafter called "bartac"
  • and as the other party, any person wishing to proceed with a purchase through the Website www.bartac.com hereafter called the "user, buyer, client".

Applicable law and authorised jurisdiction

The present General Conditions of Sale are in accordance with French law.

bartac undertakes to respect all requirements of the Consumer Code relative to sales at distance.

In the case of litigation, the French legal system is considered to be the judicial authority.

For information, claims or queries relative to the present general conditions of sale, the Website or the Products themselves, the Client should contact the Customer Service Department as follows:

  • using the contact form
  • by postal mail to the address
    Service Client
    bartac
    10 rue du Colisée
    75008 Paris
    France

Article 2: Objective

The present conditions aim to define the sales process between bartac and the user, from the initial order through to the after sales service, including payment and delivery.

Any order of a product conducted through the Website implies full and complete acceptance of the present general conditions of sale.

Article 3: Integrality

In the hypothetical situation where one of the clauses in the current contract becomes null and void due to a change in legislation, conditions or judicial decision, this will not affect the validity and general adhesion to the present general conditions of sale.

bartac reserves the right to modify, at any time and without notice, the terms of the present general conditions of sale and only the latest version online will be that applicable between the concerned parties.

Article 4: Duration

The present conditions apply during the entire duration of the placement online of the services offered by the bartac company including the time they remain featured on the website: www.bartac.com. In the hypothetical situation where, after their date of deletion from the Site, the general conditions of sale remain available to the public online through other sites or by another means, they will not be considered as applicable to bartac.

Article 5: Fields of Application

The present general conditions are exclusively reserved to consumer buyers, this means individual physical persons, not commercial entities.

This site is in accordance with French law and in no way does bartac guarantee that it is in accordance with any local legislation that may be applicable to the client when the client accesses the site from another country.

In accordance with the regulations of article 1369-1 of the Civil Code, the present general conditions of sale can be saved on the computer of any person visiting the site and can also be printed by the Client.

Article 6: The Products

The products available on the Website are in accordance with current French law and the standards applicable in France.

Due to technical reasons the true appearance of the products may differ slightly from that on photographs present on the Website. The main characteristics of the items are displayed at www.bartac.com. Clients are hereby informed that the pictures, photographs and perceived colours of the articles on sale may sometimes not correspond with the true colours depending on the effects of the visitor's browser and the monitor used for viewing. In the case of a clear error between the product characteristics and its representation, bartac will not be held responsible.

Product offers are valid for the duration of their visibility on the Website www.bartac.com. Any product may be removed from the site without the right to claim by the client. In the hypothetical situation where, after the withdrawal from the site, product offers remain accessible to the public through other means such as other websites, they will not be deemed as valid by bartac.

Article 7: The Prices

The indicated prices are expressed in euros and are understood to be inclusive of all taxes but exclusive of transport and customs costs which remain the responsibility of the client. Any change in the legal French VAT rates will automatically be reflected, upon their date of validity, in the prices of the articles. The prices indicated on the website are guaranteed for the duration of the period they are visible on the site and within the limit of stocks available.

Prices cannot, under any circumstances, be modified once the client's order has been confirmed.

However, if one or more taxes or costs, especially those pertaining to the environment, should be created or modified, by an increase or decrease, this change may be reflected in the sale price of articles present on the Website as well as the sales documents.

Article 8: The Order

Every order implies acceptance of the prices and descriptions of the products available for purchase. The user has the opportunity to modify their order before the final confirmation, this last stage confirms the sales contract between bartac and the Client.

The order cannot be confirmed as valid before the express acceptance, without restriction or reserve, of the present general conditions of sale.

Once the order has been confirmed by the client, a confirmation email, acting as a receipt of the order and detailing all the order information will be sent to the Client.

The bartac Company undertakes to honour all orders received through the site only within the limit of stocks available. If a product is unavailable bartac undertakes to alert the user.

During the order process, the Client agrees to supply all information required and assures the correctness of said information.

bartac cannot be held responsible for errors made by the Client when supplying details or their eventual consequences relative to any delay or problems with delivery. In certain circumstances, notably payment failure, incorrect address or other problems relative to the user, bartac reserves the right to block the user's order until the problem has been resolved.

In the case of prolonged inactivity of the internet connection, it is possible that the availability of the articles chosen prior to the inactivity is not guaranteed. The client will then be invited to reselect the items from the beginning.

For any queries relative to an order, the client may contact the Customer Service Department via

  • the contact form
  • by postal mail at the following address
    Service Client
    bartac
    10 rue du Colisée
    75008 Paris
    France

Article 9: Conditions of Payment

The Products and participation in costs pertaining to preparation and delivery are payable at the time of the order.

The payment of the Order is completed by the Client using a credit card or PayPal account.

The client guarantees to the bartac Company that it is the owner of the credit card and has access through the card to sufficient funds for the payment of the Order.

They will subsequently communicate (in a secure manner through the internet), the 16 digit number and the expiry date on the front of the card as well as the security number code displayed on the back of the card.

bartac will make all possible efforts to assure the confidentiality and security of all data transmitted through the website. To this end, the website uses the SSL (Secure Socket Layer) type secure method of payment.

The online payment service operator is Crédit Industriel et Commercial (CIC).

The account pertaining to the credit card used by the Client will be debited at the time of the Order confirmation.

The payment order once concluded by the credit card cannot be cancelled except by the Client exercising their privilege of withdrawal or later cancellation of the Order.

The transfer of ownership of the Product to the Client will only be effective at the time of the full receipt of payment by the bartac Company.

Article 10: Delivery

10.1 Place of delivery

The products will be sent to the delivery address indicated during the order process. The Client has the option of addressing the delivery to any physical person of their choice.

In case of errors in the client's co-ordinates on the labelling, bartac cannot be held responsible for the impossibility of delivering the article(s) ordered.

10.2 Delivery date

bartac undertakes to deliver the product(s) to the client within the time stipulated before the order confirmation and on reserve of full receipt of payment.

In case of a delivery delay, if the product has not been sent the client may request the cancellation of the order in accordance with the conditions of article L114-1 of the consumer code.

In the event of a delay in the delivery due to the client, notably in the case where a client is unavailable to receive the delivery, the conditions of article L114-1 of the consumer code will not be applicable.

If the item(s) were expedited before the receipt of an order cancellation due to a delay in delivery, bartac will proceed with the refund of the item(s) and the delivery costs on the receipt of the same in the original condition with all labels and packaging intact.

10.3 Receipt of products

It is the responsibility of the client to take all measures to ensure the delivery of the order can be accomplished.

The client or the destined receiver of the product(s) should verify the condition and products delivered in accordance with the order on the arrival of the products. They should then acknowledge the receipt by signing the delivery note provided by the transporter. No ulterior claim related to the condition of the goods delivered will then be acceptable.

If, during the delivery, the exterior aspect of the product(s) is not in perfect condition, the client or destined receiver of the product(s) should proceed with the opening of the package in the presence of the transporter or postal agent in order to verify the condition of the product(s).

In the case of damages resulting from the transportation, the Client should refuse delivery, indicating "refusal due to damage" on the delivery note and availing him/herself of the right to exchange or refund.

Any claim relative to an apparent fault or damage noted at the time of delivery of a product should, in order to be recognised by the transporter, be addressed to the Customer Services Department of the Website by email or postal mail within 48 hours from the receipt of the product.

Article 11: The Guarantees

All articles are subject to a legal standard guarantee (L211-1 of the consumer code) and a guarantee against hidden defects (articles 1641 and following of the civil code) allowing the return of defective goods.

Except in the case of legal guarantee, any operation completed between bartac and the users that is not contested within 6 months cannot give rise to any claims.

In accordance with the regulations of the Decree number 2005-136 of 17 February 2005, the articles of the civil code and those of the consumer code relative to the guarantee of consumer goods are included within these present General Conditions of Sale.

Reproduction of articles L211-4, L211-5 and L211-12 of the consumer code

Article L211-4 of the consumer code

The seller is required to deliver goods as detailed in the contract and respond to any faults in the standards noted during delivery. They should also respond to any faults in the goods due to packaging, assembly instructions or installation when the latter is their responsibility according to the contract or that has been performed under their responsibility.

Article L211-5 of the Consumer Code

To be compliant with the contract, the goods should:

  1. Be suitable for the intended usage and, as appropriate:
    • correspond to the description given by the seller and possess the qualities that were presented to the buyer in the form of a sample or model.
    • offer the qualities that a buyer can normally require in regard to public declarations made by the seller, by the producer or their representative, notably through advertising or packaging
  2. Or present the characteristics defined by a common agreement between the parties or be correct for any special uses required by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L211-12 of the consumer code

The right to an action resulting from a defect in standards of the product ends within 2 years from the delivery of the goods.

Reproduction of articles 1641 and 1648 AL1 of the civil code

Article 1641 of the civil code

The seller is held to the guarantee concerning any hidden faults in the item(s) sold that makes it impossible to use for its destined purpose, or which severely diminishes said usage to the extent that the buyer would not have acquired, or acquired said item at a lesser price, if the fault had been known.

Article 1648, paragraph 1 of the civil code

An action resulting from latent defects must be made known by the buyer within a period of two years from the moment of discovery of the defect.

Article 12: Right of retraction/return/exchange

The Client should confirm that the Products that were delivered correspond to the order. In the hypothetical situation where the items delivered do not correspond to the order the client should inform the Customer Service Department via
  • the contact form
  • postal mail to the address
    Service Client
    bartac
    10 rue du Colisée
    75008 Paris
    France
and return the Product(s) in question.

The legal period for the right to retraction is seven working days from the receipt of the item(s) in accordance with articles L121-20 and following of the consumer code.

The Client returning the item(s) within this period retains the right to exchange or a refund of the price of the item(s) ordered.

The only items accepted for exchange or return are those that are still in their original packaging (including labels, tickets...) in perfect unused, unwashed, unblemished condition.

The item(s) should therefore be returned in an "as new" condition, in the original packaging and accompanied by a note of return that can be noted in the section 'My Account' accessible on the website www.bartac.comat the address indicated on the return note.

The costs for returning the item(s) are the responsibility of the Client except in the hypothetical situation where a return is due to defects or non-conformity of the item(s).

The refund of products returned at the order price including delivery costs will be paid by a credit on the credit card of the client through which the original payment was made, and this within thirty (30) days following the receipt by bartac of the returned goods. In the case where the right of retraction was claimed for only part of the original order, only the invoiced price of the returned goods will be refunded.

The right of retraction cannot be exercised for contracts relating to «the supply of goods made according to the specifications of the client or specifically personalised» as detailed in article L121-20-2 of the consumer code.

In no case can the client's right to retraction be abused.

Article 13: Environment

Each bartac product is produced with great care and attention from carefully selected materials. This is why we request our clients, if the situation should present itself, to not dispose of any bartac products by the normal untreated method.

This is the reason why bartac undertakes to recover any products concerned and also takes responsibility for any transportation costs thus incurred.

For all queries relative to the European REACH standard, please contact us:

  • using the contact form
  • by postal mail at the following address
    Service Client
    bartac
    10 rue du Colisée
    75008 Paris
    France

Article 14: Signature and proof

Both parties agree that any emails exchanged between them are valid as proof for communications between them and, accordingly, any agreements undertaken.

In all cases, the supply online of the credit card number and the order confirmation are considered as integral proof of said order in accordance with the regulations of the law of 13 March 2000 and are considered as proof of the correctness of the amount confirmed by the entry of the product on the order form.

This confirmation is recognised as a signature and express acceptance of all operations effected on the website. However, in a case of the fraudulent use of a credit card, the client is requested, upon learning of its use, to consult the customer service department of bartac.

Article 15: Responsibility

The bartac company takes only standard responsibility for all stages of the purchase from the taking of the order through to the conclusion of the contract.

The responsibility of bartac cannot be assumed in the case:

  • of an undetectable defect due to an unpredictable third party or a case of force majeure.
  • of inconvenience or damages resulting from the use of an internet connection (such as a rupture of service, exterior intrusion or presence of viruses).
  • an incident connected to using a computer, internet access, maintenance or dysfunction of servers, the telephone connection or any other technical connection, and the sending of forms to a wrong or incomplete address as well as any computer errors or dysfunction noted on the Website.

It should be noted that bartac is not responsible for risks related to the use of the internet and the inherent risks in terms of confidentiality of data transmitted through networks.

Article 16: Electronic files and nominative data

When a visitor supplies details of a personal nature, they undertake to communicate correct information that does not prejudice the interests or rights of any third parties.

No information of a personal nature is collected without the consent of visitors. The obligatory or voluntary status of any information requested is clearly noted.

The bartac company is responsible for the collection and processing of all personal information supplied through the Website. Only the bartac company will receive this data, it will not be communicated to any third parties.

In accordance with article 32 of the law number 2004-801 of 6 August 2004 relative to the protection of physical individuals concerning the processing of personal information that modifies the law number 78-17 of 6 January 1978 relating to information technology, files and freedom, users have the right to access, modify and delete any information that concerns them and they may exercise this right at any time with the bartac company:

  • using the contact form
  • by postal mail to the address
    Service Client
    bartac
    10 rue du Colisée
    75008 Paris
    France
indicating their first name, last name, email address as well as the client reference number if possible.

The user is hereby informed that the automatic processing of information is subject to a declaration made to the CNIL under the number 1509556.

bartac employs all means possible to ensure the security of all files containing personal data that is collected by the company on the Website.

Article 17: Proof, registration and archiving of transactions

The digital registration of data, stored in the computer systems of the bartac company and their partners under standard security conditions, are considered as proof of communications, orders and payments between all parties concerned.

The archiving of orders and invoices is accomplished in a secure and durable manner that corresponds to article 1348 of the civil code.

Article 18: Traduction

In the case of difficulties resulting from the translation of the present, the reference language will be French.