Terms of Sales
The online store for the www.baars-eyewear.com site was set up by BAARS & Associés, which operates this site. Any order for a product appearing in the online store of the website www.baars-eyewear.com requires prior consultation of these general conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement regarding the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the context of the shop. of the website.
The consumer has the option of saving or editing these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility. The consumer, prior to his order, declares that the acquisition of these products is not directly related to his professional activity, their acquisition being reserved for his personal use. As a consumer, the customer therefore has specific rights, which would be called into question in the event that the products or services acquired within the framework of the website actually have a connection with his professional activity.
The online store set up by the Baars & Associés company as part of the website mentions the following information:
- – legal notice allowing a precise identification of the company Baars & Associés
- – presentation of the essential characteristics of the goods offered
- – indication, in Euros of the price of the goods, as well as, if applicable, the delivery costs
- – indication of the terms of payment, delivery, or performance
- – the existence of a right of withdrawal
- – the period of validity of the offer or the price
- – All of this information is presented in French. The consumer declares to have the full legal capacity allowing him to engage under these general conditions
Exception : professional customers with restricted access with a username and password communicated by Baars & Associés are subject to the General Terms and Conditions of Sale presented in their professional area.
Article 1 : Completeness
These general conditions express all the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions provided for in these general conditions. No general or specific condition appearing in the documents sent or handed over by the consumer may be incorporated into these conditions, since these documents would be incompatible with these general conditions.
Article 2 : Object
The purpose of these general conditions is to define the rights and obligations of the parties within the framework of the online sale of goods and services offered by the company Baars & Associés to the consumer
Article 3 : Contract documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: the present general conditions; purchase order. In the event of a contradiction between the provisions contained in documents of different rank, the provisions of the higher-ranking document shall prevail.
Article 4 : Entry into force – duration
These general conditions come into force on the date of signing the order form. These general conditions are concluded for the period necessary for the supply of the goods and services purchased, until the expiry of the guarantees owed by Baars & Associés.
Article 5 : Electronic signature
The consumer’s “click” under the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6 : Order confirmation
Contractual information will be confirmed by e-mail no later than the time of delivery or failing that, to the address indicated by the consumer in the order form.
Article 7 : Proof of the transaction
The computerized registers, kept in the computer systems of Baars & Associés under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as evidence.
Article 8 : Product information
8-a: The company Baars & Associés presents on its website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to buy.
8-b: The offers presented by Baars & Associés are only valid within the limits of available stocks.
Article 9 : Prices
The prices are indicated in euros and are only valid on the date of dispatch of the order form by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time may the sums paid be considered as a deposit or down payment.
Article 10 : paiement method
To pay for his order, the consumer has, at his choice, all the payment methods referred to in the order form. The consumer guarantees Baars & Associés that he has the necessary authorizations to use the method of payment chosen by him, when validating the order form. Baars & Associés reserves the right to suspend any order management and any delivery in the event of a refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment. Baars & Associés reserves the right in particular to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. administration. Baars & Associés has set up an order verification procedure intended to ensure that no one is using the bank details of another person without their knowledge. The order will only be validated after verification by our services of the integrity of the data.
Article 11 : Product availability
The order will be executed at the latest within 3 days from the day following that on which the consumer placed his order. In the event of unavailability of the ordered product, in particular because of our suppliers, the consumer will be informed as soon as possible and will have the possibility of canceling his order. The consumer will then have the choice to request either the reimbursement of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 12 : Terms of delivery
The products are delivered to the address indicated by the consumer on the order form and only in Europe. The consumer is required to check the condition of the packaging of the goods on delivery and to report the damage due to the carrier on the delivery note, as well as to Baars & Associés, within one week. . As far as shipping is concerned, we mainly work with Colissimo Monitoring. As soon as we send it, you will immediately receive an email informing you.
Article 13 : Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, product missing from the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the customer’s signature. The consumer must at the same time confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out the said complaints. The consumer must send a copy of this letter by email or by ordinary mail to:
Baars & Associés
Parc Industriel ouest – veyziat
rue de la calatiere
01100 Oyonnax – FRANCE
Article 14 : Delivery errors
14-a: The consumer must make to Baars & Associés the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and / or non-conformity of the products in nature or in quality compared to the indications appearing on the order form. Any complaint formulated beyond this period will be rejected.
14-b: The formulation of this complaint with the company Baars & Associés can be made by identifying yourself on our site, then in the “Contact” section you can ask us your question, specifying the reference of the order.
14-c: Any complaint not made in accordance with the rules defined above and within the time limits cannot be taken into account and will release the company Baars & Associés from any responsibility towards the consumer.
14-d: Upon receipt of the complaint, Baars & Associés will assign an exchange number for the product (s) concerned and will communicate it to the consumer by e-mail. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the procedure presented above.
14-e: In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to Baars & Associés as a whole and in its original packaging, by Colissimo Recommended, to the following address:
Baars & Associés
Parc industriel ouest Veyziat
rue de la calatiere
To be accepted, any return must be reported in advance to Customer Service at Baars & Associés. The shipping costs are the responsibility of Baars & Associés, except in the event that the returned product does not correspond to the original declaration made by the consumer in the return voucher.
Article 15 : Product warranty
In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects of the item sold. . The consumer is expressly informed that the company Baars & Associés is not the producer of the products presented within the framework of the website, within the meaning of law n ° 98-389 of May 19, 1998 and relating to product liability. defective. Consequently, in the event of damage caused to a person or to a good by a defect in the product, only the responsibility of the producer of the latter can be sought by the consumer, on the basis of the information appearing on the packaging of the said product. The conditions and duration of the producer warranty are indicated on the product sheets. Given the frequency of renewal of the components of technical products, www.baars-eyewear.com may, on request, inform the consumer of the availability of spare parts for the products offered and how to possibly obtain them.
All models are guaranteed against any risk of breakage under normal use. The warranty does not cover defects or breakage resulting from accidents, improper use (impact, crushing), improper handling or unauthorized repairs. The warranty does not cover the consequences of a lack of maintenance, nor the normal consequences of wear and aging of the frame.As part of the warranty, BAARS & Associé undertakes to repair any frame. presenting a defect including by changing the defective parts. On the other hand, BAARS & Associé is not required to carry out a complete replacement of a frame if it is deemed unjustified.
The Baars & Eyewear warranty program does not cover scratched lenses.
In addition, any modification of Baars & Eyewear products (fitting other brand prescription lenses to Baars & Eyewear sunglasses, for example) will void the warranty. “
Article 16 : Right to retract
The consumer has a period of 7 working days to return, at his expense, the products that do not suit him. This period starts from the day of delivery of the consumer’s order. If this period expires on a Saturday, a Sunday or a public holiday, it is extended until the next working day. Any return must be reported in advance to the Customer Service of Baars & Associés by connecting to our site in the “your account” section where, after entering your customer number, you can obtain your order number. The product must be returned by “Colissimo Recommendé” to:
Baars & Associés
Parc industriel ouest Veyziat
rue de la calatiere
Only products returned as a whole, in their original packaging, complete and intact, and in perfect condition for resale will be accepted. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the refund of the sums paid, or the exchange of the product. In the case of an exchange, the re-shipment will be at the expense of the consumer.
In case of exercise of the right of withdrawal, the company Baars & Associés will make every effort to reimburse the consumer within 15 days. However, taking into account the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (see products which must be tested beforehand).
The consumer will then be reimbursed by crediting his bank account (secure transaction).
Article 17 : Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution will be delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure any 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 the date on which it becomes aware. The two parties will then come together, within one month, unless this is impossible 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 force majeure event lasts for more than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning; the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
Article 18 : Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.
Article 19 : Non renounciation
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 20 : Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 21 : Applicable law
These general conditions are subject to French law. This is the case for the substantive rules as for the formal rules. In the event of a dispute or complaint, the consumer will first contact Baars & Associés to obtain an amicable solution. Secondly, and in the event of an appeal, the consumer may file a complaint with a body concerned.
Article 22 : Private policy
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company Baars & Associés involved in the execution of this order. The consumer can write to the company Baars & Associés whose contact details are in the confidentiality charter appearing within the framework of the website, to oppose such communication, or to exercise his rights of access, rectification. with regard to information concerning him and appearing in the files of Baars & Associés, under the conditions provided for by the law of January 6, 1978.