The site www.berenice.net is the property of the Berenice Company in its entirety, as well as all the related rights. It proposes a commercial site of electronic commerce and information with presentation of our collections.
Any reproduction, integral or partial, is systematically subjected to the authorization of the owners.
However, hypertext links to the site are authorized without specific request.
ACCEPTANCE OF THE CONDITIONS
The customer acknowledges having read, at the time of placing the order, the special conditions of sale set out on this screen and expressly declares to accept them without reservation.
The present general conditions of sale govern the contractual relations between Berenice and its client, both parties accepting them without reservation. These general conditions of sale shall prevail over all other conditions appearing in any other document, except for prior, express and written derogation.
The site allows Berenice to propose the sale of most of its products (hereinafter "products") to buyers who are consumers, over 18 years of age, and with full legal capacity.
The present General Conditions of Sale govern the relationship between Berenice and clients wishing to make a purchase or browse the Site. Any order for a product offered on the site implies the client's full and complete adherence to these conditions.
In the event of modification of the present general conditions of sale, the general conditions of sale applicable are those in force on the date of the order.
PRODUCTS
The photographs illustrating the products faithfully represent the products delivered, and enter the contractual field, however the Customer is fully informed that the images, photos and colors of the articles put on sale could however not correspond to the real colors under the effect of the Internet navigator of the screen used. If errors are introduced, Berenice may be held responsible for visuals that do not take into account characteristics linked to Internet browsers and specific high-tech supports. The majority of the products offered to its clients by Berenice are available in our warehouse.
ORDERS
The automatic registration systems shall be considered as proof of the nature, content and date of the order.
Berenice confirms the acceptance of the order to the client by the email address that the latter will have communicated.
The sale shall not be concluded until the order has been confirmed and paid for. Berenice reserves the right to cancel any order from a client with whom there is a dispute concerning the payment of a previous order.
The information given by the buyer when placing the order is binding on the buyer: in the event of an error in the wording of the recipient's coordinates, the seller cannot be held responsible for the impossibility of delivering the product.
We reserve the right to refuse an order for a legitimate reason, as for example in the following cases:
- The item ordered is no longer in stock.
- We were unable to obtain payment authorization.
- An error has been identified in the product information, including price or promotion.
- If we suspect fraudulent activity.
Berenice commits itself to honor the orders received within the limits of available stocks and in case of unavailability to inform the client by any means. The client may then cancel the order and be reimbursed, if necessary, for the sums already paid.
DELIVERY
The delivery will be made by La Poste in Chronopost. Shipments are made within 15 calendar days after the preparation of your order by our service.
During promotional periods, the site www.berenice.net must deal with a very large number of requests, thus prolonging the time required to prepare orders. The delivery can then be of the order of 14 working days in certain cases.
The delivery is carried out by the direct handing-over of the product to the announced recipient or, in the event of absence, with another person authorized by the customer. Any delays shall not entitle the purchaser to claim damages. After confirmation of the order, Berenice undertakes to post all references ordered by the purchaser within a maximum of 14 working days.
Please note that all orders are shipped from France.
In addition, for deliveries outside of metropolitan France, the customer agrees to pay all taxes due on the import of products, customs duty, value added tax, and any other taxes due under the laws of the country where the order is received.
All orders placed on www.berenice.net are for the personal use of customers. The clients or the recipients of the products shall refrain from any partial or total resale of the products. Berenice is in fact released from any legal responsibility if the payment of taxes was not made by the client.
In the event of apparent defects, the buyer benefits from the right of return under the conditions provided for in this document.
The following are considered as cases of force majeure discharging the seller from his obligation to deliver: war, riot, fire, strikes, accidents, climatic incidents.
Always check your package upon arrival. If you wish to make reservations with the carrier in case of missing or damaged goods, you can contact Chronopost's customer service department on +33 (0)9 69 391 391 or contact us on +33 (0)1 77 42 02 23
For reasons of availability, an order can be delivered in several times to the customer (partial shipment). The customer pays then only one delivery. If the customer wishes 2 places of delivery, it places 2 orders, with the expenses of delivery related.
SATISFIED OR REFUND
The essential characteristics of the articles are presented on www.berenice.net in each of the article sheets.
The Customer is fully informed that the images, photos and colors of the items offered for sale may not correspond to the actual colors under the effect of the Internet browser of the screen used.
The Customer, if he is not satisfied, has a period of fifteen days from the date of shipment to return it and obtain a refund of the sums already paid. This period includes the legal retraction period of seven days provided for in articles L121-20 and following of the Consumer Code.
The article must be returned in new condition, in its original packaging and accompanied by a return slip, to the address indicated on the return slip.
In the absence of a return slip Berenice will not be able to proceed with the reimbursement of the returned articles.
Items returned incomplete, damaged, worn or soiled will not be accepted.
The returned article shall be reimbursed to the client within a maximum period of thirty days as of its reception by Berenice. It is up to the client to keep all proof of return, namely a return by registered parcel or by any other means giving a certain date to the sending.
The reimbursement shall be made by crediting the amount to be reimbursed to the client's bank account debited at the time of the transaction, or by a credit note (excluding return shipping costs).
The legal right of withdrawal and the "satisfied or reimbursed" guarantee do not apply to items made according to specific customer requirements or to clearly personalized items.
In the event of an exchange, credit note or refund, return the new article(s) in its (their) original packaging, intact, accompanied by all possible accessories, instructions for use and Return/Exchange form by registered mail to the following address
SAS Berenice / Davimar 200 Chaussée Jules César, Bâtiment B3, 95250 BEAUCHAMP - Tél:01 77 42 02 23
In the event of exercising the right of withdrawal, Berenice shall be obliged to reimburse the sums paid by the client, without charge, with the exception of the cost of return. The reimbursement is due within a maximum of 14 days. The return costs as well as the risks linked to the return of the product are in all cases at the charge of the client.
For countries outside the EEC, please specify to the customs services that it is a return for non-conformity. Articles returned incomplete, damaged, deteriorated or soiled due to the client will not be reimbursed.
However, Berenice will not re-invoice the transport costs in case of exchange.
Cliquez ici pour télécharger le formulaire de Retour/Échange.
RIGHTS OF WITHDRAWAL
You have the right to withdraw from a purchase on our website without giving any reason within 14 (fourteen) days.
The withdrawal period expires 14 (fourteen) days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the product that we deliver to you. In the case of an order comprising several products, the period expires 14 (fourteen) days after the day when you, or a third party designated by you and other than the carrier, takes physical possession of the last product.
To exercise the right of withdrawal, you must notify us of your decision to withdraw by means of an unambiguous statement (for example, letter sent by post, fax or e-mail) sent to the following address
SAS BERENICE / DAVIMAR, 200, Chaussée Jules César - Bâtiment B3 - 95250 BEAUCHAMP, 01 77 42 02 23, [email protected].
You can also use our model retraction form by clicking here.
If you use this option, we will send you an acknowledgement of receipt of your withdrawal by email without delay.
In order for the withdrawal period to be respected, it is sufficient for you to send us your communication concerning the exercise of the right of withdrawal before the expiry of the 14 (fourteen) day period.
EFFECTS OF WITHDRAWAL
In the event of your withdrawal, we will refund all payments received from you without undue delay and in any event no later than 14 (fourteen) days from the day we are informed of your decision to withdraw from your purchase(s) on our website.
We will make the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method. This refund will not incur any additional costs for you.
RETURN THE PRODUCT(S)
You will have to send back the product(s) at your expense, to SAS BERENICE / DAVIMAR, 200, Chaussée Jules César - Bâtiment B3 - 95250 BEAUCHAMP, 01 77 42 02 23 without excessive delay and, in any case, at the latest 14 (fourteen) days after you will have communicated us your decision of retraction. This period is deemed to have been respected if you return the goods before the expiry of the 14 (fourteen) day period.
You must bear the direct costs of returning the product(s).
You are only responsible for the depreciation of the product(s) resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product(s).
PRICE
The price is expressed in euros.
The price indicated on the product sheets does not include transport.
The price indicated in the confirmation of order is the final price, expressed all inclusive of tax and including the VAT for the country of France and the countries of the EEC. This price includes the price of the products, the expenses of handling, packing and conservation of the products, the expenses of transport and setting in service.
PAYMENT
The price invoiced to the client shall be the price indicated on the order confirmation sent by Berenice.
The price of the products is payable in cash on the day of the effective order.
Payment shall be made by bank card bearing the CB symbol.
The order validated by the client shall only be considered effective when the bank payment centers concerned have given their agreement. In the event of refusal by said centers, the order shall be automatically cancelled and the client shall be notified by e-mail. Furthermore, Berenice reserves the right to refuse any order from a client with whom a dispute exists.
LITIGATIONS
This contract is subject to French law.
In case of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution in particular with the assistance of: a professional association of the branch, an association of consumers or any other council of its choice.
It is reminded that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. It is reminded that as a general rule and subject to the appreciation of the Courts, the respect of the provisions of the present contract relating to the contractual guarantee supposes that the purchaser honors his financial commitments towards the seller.
Complaints or disputes will always be received with attentive benevolence, good faith being always presumed in the one who takes the trouble to expose his situations. In the event of a dispute, the customer will first contact the company to obtain an amicable solution.
Failing this, the civil courts will have jurisdiction, regardless of the place of delivery and the method of payment accepted.
GUARANTEE
In all cases Berenice shall not be held responsible for non-compliance with the regulatory and legislative provisions in force in the country of reception.
The client shall benefit from the legal guarantee of conformity of the legislative consumer code (provided for in articles L.211-4 and L.211-14) as well as the legal guarantee of eviction and hidden defects (Art.1648 and following of the Civil Code).
On the condition that the buyer proves the hidden defect, the seller must legally repair all the consequences (art.1641 and following of the civil code); if the buyer goes to court, he must do so within a "short period of time" from the discovery of the hidden defect (art.1648 of the civil code).
You can contact the customer service :
5 days out of 7 (from Monday to Friday included) at the phone number : 01 77 42 02 23 and by mail at [email protected] (answer within 72 hours)
Reproduction of the articles L211-4 L211-5 and L211-12 of the code of the consumption Article L211-4:
The salesman is held to deliver a good in conformity with the contract and answers of the defects of conformity existing at the time of the delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility.
Article L211-5:
To be in conformity with the contract, the goods must:
1º Be fit for the use usually expected of a similar good and, where appropriate :
- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;
- have the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2º Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter.
Article L211-12:
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good
Reproduction of articles 1641 and 1648 AL 1 of the civil code.
Article 1641 :
The seller is bound by the warranty for latent defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them.
Article 1648:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
PERSONAL INFORMARTION
The personal information collected for the purposes of distance selling is mandatory, this information being essential for the processing and delivery of orders, the establishment of invoices and warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The client has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him/her, which he/she can exercise with Berenice.
All the information in your account is only used within the framework of your commercial relationship with the company Berenice. This information is never shared with third parties or resold. Your banking information is never in our possession.
Your data will allow us to process your order and to inform you of important changes in the features. It is also used for statistical purposes or for conducting surveys, in order to improve our website and the services we offer you. We may also at any time send you (by email or by post) information about products and services, as well as promotions and special offers from Berenice. If you do not wish to be contacted on these subjects, you can unsubscribe at any time.
All texts, comments, photos, brands, graphics, concepts, illustrations and images composing the site www.berenice.net are the exclusive property of the company BERENICE Davimar and are protected by intellectual property rights in France and throughout the world. Any total or partial reproduction of the site is strictly forbidden.
The information of the personal information collected at the ends of the remote sale is obligatory, this information being essential for the treatment and the routing of the orders, the establishment of the invoices and contracts of guarantee. Failure to provide this information will result in the order not being validated.
In accordance with the law "Informatique et Libertés", the processing of personal information relating to customers has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL). The client has (article 34 of the law of January 6, 1978) a right of access, modification, rectification and deletion of data concerning him/her, which he/she can exercise with Berenice.
PROTECTION OF PERSONAL DATA
The Client is informed and accepts that its personal data may be collected on the Site and used by BERENICE, which acts as a data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter "General Data Protection Regulation" or "GDPR").
BERENICE undertakes to protect and ensure the security and confidentiality of its Clients' personal data in accordance with the RGPD, in particular by taking all necessary precautions to prevent such data from being distorted, damaged or accessed by unauthorized third parties.
In particular, the Client's personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the RGPD, intervene and contribute directly to the management of the Sales Order and for whom it is absolutely necessary to have access to the personal data provided by the Client at the time of the creation and use of his or her Account (identity, postal address, telephone number, e-mail address). Subcontractors can only act on instructions from BERENICE.
All the information in your Account is only used within the framework of your commercial relationship with the company Berenice. This information is never shared with third parties or resold. Your banking information is never in our possession.
Your data will allow us to process your order and to inform you of important changes in the features. It is also used for statistical purposes or for conducting surveys, in order to improve our website and the services we offer you. We may also at any time send you (by email or by post) information about products and services, as well as promotions and special offers from Berenice. If you do not wish to be contacted on these subjects, you can unsubscribe at any time.
In accordance with the RGPD, the Client has a right of access, rectification and opposition to personal data concerning him/her (hereinafter the "Data Protection Rights").
To exercise one or more of the Data Protection Rights, the Client must send a request by email or by post to BERENICE's Customer Service, by filling out the contact form located on the site or by writing to the following address, indicating his or her surname, first name, email address and customer references BERENICE Customer Service, 15 rue de Turbigo 75001 PARIS FRANCE.
Each request must be signed and accompanied by a photocopy of an identity document bearing the Customer's signature and specify the reply address.
The reply to the request made on the basis of one or more of the Rights to Information and Freedom will be sent within 2 months of receipt of the request.
The Client may communicate to BERENICE specific directives in which he or she defines the manner in which he or she intends the Data Protection Rights to be exercised, after his or her death, in accordance with the RGPD.
NEWSLETTERS AND SOCIAL NETWORKS
BERENICE is likely to send Clients information relating to commercial offers and the brand's products by various means: EMAIL, SMS, Mail, Telephone and social networks subject to prior acceptance.
The Customer has at any time the faculty to oppose without expenses to these commercial prospecting sendings, by clicking on the link "to unsubscribe" appearing in every email or, by making the request to a store, via its internet account, by mail or by answering STOP by SMS.