Terms & conditions
TERMS & CONDITIONS
The company barnett america inc (hereinafter THE SELLER) is registered in the trade register under the number FEI number : 26-4037311 Its postal address is
4000 Hollywood Blvd, Ste 285-S FL Hollywood 33021
and his email address is firstname.lastname@example.org (below THE ADDRESS OF THE SELLER).
Any order under a product appearing in the online store site www.barnett.fr (below SITE SELLER) requires consultation and prior acceptance of these terms and conditions of sale. The validation click of the order implies full acceptance of the present. This click has value of "digital signature".
Purpose and Application of these general conditions of sale
These terms and conditions are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the SELLER to the consumer, hereinafter named BUYER.
Description and characteristics
Every effort has been made to ensure the accuracy of the information presented on SITE SELLER. THE SELLER or his suppliers are not however responsible for the consequences, incidents, special damages resulting from the electronic transmissions or the accuracy of the information transmitted even in the case where THE SELLER knew about the possibility of such damages. The names and brands of products and manufacturers are used for identification purposes only. The products offered on our online sales site are the subject of a textual description of their main characteristics. We also offer photographs to present the product. We strive to provide the most accurate textual and photographic information possible to the product.
Photos, descriptions and prices of products are not contractual.
The BUYER has the possibility to contact the SELLER at any time to obtain more precise information:
- by email: email@example.com
- by telephone: +1 754 202 0603
- in writing: SEE ADDRESS OF THE SELLER (ci above mentioned)
The availability of products is subject to the fluctuation of our various sales channels. If a product should be out of stock, THE SELLER undertakes to contact the BUYER as soon as possible by email or telephone, according to the information provided by the BUYER at the time of order. The BUYER will have the choice to maintain his order or to cancel it, which will result in the refund, within 14 days maximum, of the order. The refund will be made on the same payment method that the BUYER will have used during the initial transaction.
In case of short-term stock-outs, we reserve the right to defer your shipment by a few days, the time to receive and send the product.
The prices indicated on the SITE SELLER include all taxes (VAT rate applicable on the day of the order) and shipping included. They are valid for the day.
Shipping costs will be applied to deliveries in DOM TOM. In case of delivery outside metropolitan France, the order summary will not mention taxes, sea grants, customs duties or other. The BUYER will, under his sole responsibility, assume all taxes, dues, duties and other charges. THE SELLER is under no obligation to check and inform the BUYER of customs duties and applicable taxes. However, this information will be available from the competent authorities of the BUYER's country.
THE SELLER reserves the right to modify its prices at any time, however the products will be billed on the basis of the rate indicated at the time of the registration of the order, subject to availability of said products.
The products remain the property of barnett until full payment.
The BUYER must be in legal capacity or hold a parental authorization allowing him to place an order on the site.
The process of the registration of the order is as follows:
- Choice of products and addition to the basket
- Choice of delivery offered or DOM TOM (if necessary) and possibility of adding a promotional code
- Validation of the basket
- Information by The BUYER information essential to the proper processing of the order
- Choice of payment method (Credit Card, Paypal, Paypal plus or Bank Transfer)
- Final verification with summary of the amount of the order
The BUYER can return at any time on his information before final verification and acceptance.
For the smooth running of the order The BUYER will ensure to provide a valid email or phone number in order to be contacted if any problem occurs during the processing of his order.
The data communicated by the Purchaser and recorded by the SITE SELLER during the order constitute the proof of the transactions between the SELLER and the Buyer. The validation click after verifying, validating and confirming the order constitutes the confirmation of the order of the Buyer, and an obligation of payment. This validation click has the value of proof that engages the customer in a process of order and which definitively validates his order. This click will be irrevocable acceptance of the Terms and Conditions of Sale. The conclusion of the contract will be effective only after sending an email confirmation of the registration of the order by THE SITE SELLER. After registration of the order, an invoice will be available on the SELLER SITE in the heading "Your Account".
The computerized registers, preserved in the IT systems of the company THE SELLER under reasonable conditions of safety are considered as the proofs of the communications, the orders and the payments intervened between the parts.
The filing of purchase orders and invoices is done on a reliable and durable support that can be produced as evidence.
Payment of the order in its entirety will be made after the validation of the order except by bank transfer. See below.
The transfer of ownership will be done only perfect and complete payment of the price.
The products are delivered to the address indicated by the consumer on the order form and only in the geographical areas that we serve.
All products leave our premises in perfect condition. The BUYER must signal to the carrier (or factor) the slightest trace of shock (holes, traces of crushing etc. ..) on the package, and if necessary to refuse the package. A new identical product will be returned without charge.
The exchange of any product declared, a posteriori, damaged during transport, without any reservation has been issued upon receipt of the package, can not be supported.
As in any shipment, it is possible to be late or the product goes astray. In such a case, the SELLER will contact the carrier to start an investigation. All efforts are made, as long as necessary, to find this package.
We do not accept any responsibility for longer delivery times due to the carrier, especially in case of loss of products, bad weather or strike.
Delivery problem due to the carrier
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products ...) must imperatively be indicated on the delivery form in the form of "handwritten reserves", accompanied by the signature of BUYER.
The BUYER must confirm this anomaly by sending the carrier within two (2) business days of the date of delivery a registered letter with acknowledgment of receipt setting out the said claims.
The BUYER must send a copy of this letter to the ADDRESS of the SELLER. Without this fact, we do not proceed to any trade.
The BUYER must formulate with the SELLER, on the day of delivery or at the latest on the first working day following the delivery, any complaint of error of delivery and / or non-conformity of the products in kind or quality compared the information on the order form.
Beyond this period, any claim will be rejected.
The formulation of this claim with the SELLER may be made to the ADDRESS of the SELLER.
Any claim not made in the rules defined above and within the time limits can not be taken into account and release the SELLER from any responsibility towards the BUYER.
To be accepted, any return must be reported and have the prior agreement of the SELLER, who in case of agreement will forward the package to the correct address.
The delivery time is estimated between 3 and 8 days. This time varies depending on the availability of the product and the preparation time it may require.
Absence of the recipient
In case of absence of the recipient during the delivery, the carrier will deposit a notice of passage to the delivery address indicated by the Buyer. The order must be withdrawn at the address and in the manner indicated by the carrier. In case of non-withdrawal within the deadline set by the carrier, the order will be returned to the SELLER. A delivery fee may be charged to the BUYER.
It is important to ensure that you enter a valid mobile number and a regularly consulted email address, which can greatly facilitate delivery.
Return and right of withdrawal
Exercise of the right of withdrawal
The right of retraction will be correct in the case where the following conditions are completely respected:
- Time limit
After contacting customer service, the BUYER has a period of fourteen (14) days to return the goods to the SELLER in the state upon receipt of the package.
- Product status
The product must be returned new, well protected in its original undamaged packaging, accompanied by any accessories, and instructions for use provided at the time of purchase. The SELLER reserves the right to refuse products that have been used: showing signs of wear, dirt or damage. All returned products will be subject to a thorough inspection. No returns will be accepted if the returned products have been visibly used or damaged by the Buyer and such use or damage renders the products unfit for re-sale.
The return must not exceed 14 days of purchase. The SELLER undertakes to pay the cost of return if the error is his fault (example: bad product received). The BUYER will receive its refund a few days after receipt of the product in the premises of the SELLER.
If the BUYER wishes to return a product because it does not suit him, the cost of return will be at his expense. In order for the return to be accepted, the product must not have been worn / damaged.
However, in the case of distance selling, the right of withdrawal cannot be exercised for the supply of goods made to the consumer's specifications or personalized.
This is the case with our roller skis (models concerned: RSE, RCE and RCC), which are made according to the binding and size chosen by the consumer. This is also the case with our sticks (models: XC-07, XC-09, XC-HM) which are cut to the buyer's size.
In case a product is not suitable, it is possible for the BUYER to return the product for an exchange. Shipping costs will be borne by the BUYER.
Attention the following items can not be returned or exchanged:
Personalized products: sticks cut to the size of the buyer, ski-wheels drilled and mounted according to the bindings chosen by the BUYER.
The provisions herein can not deprive the consumer of the legal guarantee that obliges the professional seller to guarantee against all consequences of latent defects of the thing sold.
The consumer is expressly informed that the SELLER is not the manufacturer of the products presented in the SITE SELLER and that the SELLER is released from any responsibility because of the defective products.
Consequently, in case of damage to a person or a product by default of the product, only the responsibility of the manufacturer of it may be sought by the consumer, based on the information on the packaging of the product.
The warranty period is one year (1 year). This warranty excludes all products modified or repaired by the customer or any other entity other than the service providers chosen by the SELLER.
The guarantee can be extended according to the modalities envisaged in store and on the site.
Rights of use
The use of trademarks on the site is strictly prohibited.
Neither party will have failed in its contractual obligations, to the extent that their performance will be delayed, hindered or prevented by a fortuitous event of force majeure. Will be considered as a case of force majeure any fact or circumstance irresistible, outside the parties, unpredictable, inevitable, independent of the will of the parties and which can not be prevented by the latter, despite all efforts reasonably possible.
The party affected by such circumstances will notify the other within ten business days of the date on which it becomes aware.
The two parties will then approach, within three months, except impossibility due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure has a duration greater than a duration of one month, these terms and conditions may be terminated by the injured party.
Expressly, are considered as cases of force majeure or fortuitous cases, besides those which are usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport, earthquake, fires, storms, flood, lightning, the shutdown of telecommunication networks or difficulties specific to external telecommunication networks to customers.
Non partial validation
If one or more stipulation of the present general conditions are held for not validated or declared such according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their strength and reach.
The fact for one of the parties not to claim a breach by the other party to any of the obligations under these terms and conditions of sale can not be interpreted for the future as a claim the obligation in question.
These general conditions are subject to French law. This is so for the rules of funds as for the rules of form.
In case of dispute or claim, the consumer will first contact the SELLER for an amicable solution.
Protection of personal data
All the data you entrust to us are so that we can process your orders.
Under Law No. 78-17 of 6 January 1978 relating to data, files and freedoms, you have with the SELLER a right to rectify, consult, modify and delete data that you give us. have communicated. This right can also be exercised online.
See our text on privacy and respect of your rights concerning personal data: here .
Any order placed through the SITE SELLER carries the customer's adherence, without any restriction, to the general conditions of sale of the SELLER.
In the event of sale to a legal person, any difference relating to the sale (price, GTC, products, ...) will be subject to French law before the Commercial Court of the registered office of the SELLER.