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General conditions of sale
These general terms and conditions of sale (hereinafter the " GTC ") are submitted by the company BAR SOLUTIONS, a limited liability company with a capital of 1,000 euros, identified under number 521 678 516 RCS Paris, whose registered office is 24 rue des Amandiers 75020 Paris, represented by its Manager (hereinafter " BAR SOLUTIONS ").
These T&Cs apply to all BAR SOLUTIONS customers, including all customers of the website www.barsolutions.fr (hereinafter the " Site "), regardless of their status:
- that he is a consumer , understood as any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity,
- whether he is a professional , understood as any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional,
- or that he is a non-professional , understood as any legal entity that does not act for professional purposes. For the purposes of the T&Cs, a non-professional is considered a consumer.
Certain provisions of these General Terms and Conditions, duly identified, are only applicable to a consumer customer or a professional customer, as the case may be. BAR SOLUTIONS therefore asks you to read these General Terms and Conditions in detail in order to determine which of its provisions are applicable to you, if applicable, depending on your status as a consumer or professional.
ARTICLE 1. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Any order placed with BAR SOLUTIONS, regardless of the method used, implies full acceptance by the customer, whether a consumer or a professional, of these General Terms and Conditions, which must be validated at the time the order is placed.
The General Terms and Conditions apply to the exclusion of all other conditions, in particular the general purchasing conditions of a professional client.
The T&Cs cannot be cancelled or modified except with the express agreement of BAR SOLUTIONS. If any of the clauses of the T&Cs prove to be null and void, for any reason whatsoever, only the clause(s) shall be deemed unwritten, the T&Cs being maintained in their entirety for all their other effects.
ARTICLE 2. PRODUCTS
2.1 Product presentation
In accordance with Articles L. 111-1 and L. 112-1 of the Consumer Code, the essential characteristics and prices of the products offered for sale by BAR SOLUTIONS are available on the Site and/or in the product catalog published by BAR SOLUTIONS.
BAR SOLUTIONS takes the greatest care in the presentation and description of its products to best satisfy the needs of its customers, both consumers and professionals. However, some non-substantial errors may occasionally slip into the presentation of the products.
In such a case, BAR SOLUTIONS will not be bound by said errors and will make any necessary corrections to the presentation which turns out to be erroneous, as soon as possible from the day on which BAR SOLUTIONS becomes aware of the error in question.
In the event of non-compliance, the customer may implement the BAR SOLUTIONS guarantee under Article 10 below (“ Guarantee ”), which will then make the necessary corrections.
2.2 Product availability
In principle, and unless otherwise stated on the Site or in the BAR SOLUTIONS paper catalog, all products offered are available in stock and/or on special order. The term "in stock" means "while stocks last" .
Notwithstanding the foregoing, products indicated as "in stock" at the time of order placement may sometimes no longer be available at the time of order processing.
In such a case, BAR SOLUTIONS will attempt to obtain a restocking from its supplier, within the timeframes that will be communicated to the customer. However, given the specific nature of the products offered, BAR SOLUTIONS is not always able to restock.
Thus, in the event of unavailability of the ordered product within a reasonable time, the customer will be informed as soon as possible and will have the option to cancel their order. BAR SOLUTIONS may itself be forced to cancel the order if it appears that the ordered products cannot be restocked.
Furthermore, if the words "Available from DD/MM/YYYY" appear on a product sheet, the order can only be processed and sent from this date at the earliest.
ARTICLE 3. ORDERS
Orders are generally for individual items (i.e. 1).
Orders can be placed online on the Site. The customer is irrevocably bound by the order once they have clicked on the order confirmation button.
Orders may also be placed by post, by sending a paper order form to the BAR SOLUTIONS head office mentioned in the preamble to the General Terms and Conditions. In this case, orders sent to BAR SOLUTIONS are only binding upon the latter after acceptance of the order form and receipt of the deposit.
No cancellation of confirmed orders is accepted, except with the written agreement of BAR SOLUTIONS. Notwithstanding the foregoing, the consumer customer benefits from a right of withdrawal under the conditions of article 8 below (" Right of withdrawal ").
Notwithstanding the foregoing, BAR SOLUTIONS reserves the right to refuse any order from a customer for legitimate reasons, in particular if it is abnormal, made in bad faith or for any other reason, in particular if there is a dispute with the customer or an incident relating to the payment of a previous order or which contravenes the provisions hereof.
BAR SOLUTIONS will issue an invoice upon delivery. The invoice will be in accordance with the purchase order, unless something arises after the order was placed that impacts the amount initially agreed upon, such as if an additional product or accessory was ordered.
ARTICLE 4. PRICE
Prices are expressed in euros (€), per item and per reference. They include all taxes (including VAT), the cost of packaging and handling, and exclude shipping costs.
Shipping costs are determined based on the total weight of the order.
The cost is calculated automatically and appears during the ordering process on the Site once the delivery address has been entered.
Offers and price lists correspond to the current rate. Prices are subject to change at any time and without notice by BAR SOLUTIONS. Prices are subject to modification of the amount of the contribution to waste disposal costs provided for in Articles R. 543-1 et seq. of the Environmental Code.
Any amount paid by the customer at the time of placing the order is a deposit. The customer is definitively committed at the time of placing the order, subject to the provisions relating to the right of withdrawal for consumer customers in accordance with Article 8 (" Right of withdrawal ").
ARTICLE 5. PAYMENT TERMS - DELAYS
5.1 Payment terms
Orders placed are payable directly on the Site by credit card, PayPal®, bank transfer or bank check, according to the following terms:
Bank card: the sale is considered firm and final upon acceptance of payment in the secure space of our payment service provider SOGENACTIF and confirmation of the order by BAR SOLUTIONS;
- PayPal®: the sale is considered firm and final upon acceptance of payment in the secure PayPal area and confirmation of the order by BAR SOLUTIONS;
Check: the sale is considered firm and final subject to the check being cashed by BAR SOLUTIONS;
- Bank transfer: the sale is considered firm and final upon receipt of the bank transfer to the BAR SOLUTIONS bank account (contact us to receive our bank details).
Any order less than or equal to 1,000 (one thousand) euros excluding taxes must be paid in cash. Any payment by installments of the price requires the express prior agreement of BAR SOLUTIONS.
BAR SOLUTIONS reserves the right to suspend or cancel any order and/or delivery in the event of a payment incident.
As part of the fight against Internet fraud, information relating to the order may be transmitted to any authorized third party for verification.
5.2 Late Payments
Late payment by a consumer : any delay in payment automatically and without formal notice will result in the payment of late payment interest at the applicable legal rate plus 1.5% (one point five percent). The consumer customer will also be charged any legal costs and, as a penalty, the penalty clause in accordance with Article 1226 et seq. of the Civil Code. This penalty is 10% (ten percent) of the total invoice amount and will be applied with a minimum collection of 100 (one hundred) euros.
Late payment by a professional : BAR SOLUTIONS may charge late payment interest equal to 3 (three) times the legal interest rate without the need for a prior reminder or formal notice. This interest will be calculated, per day of delay, from the first day of delay until the day of full payment by the professional client of all amounts owed to BAR SOLUTIONS. Pursuant to Article D.441-5 of the French Commercial Code, the professional client will also be automatically liable for a fixed compensation of 40 (forty) euros for recovery costs incurred by BAR SOLUTIONS. Where applicable, when these costs exceed the amount of this compensation, BAR SOLUTIONS may claim additional compensation from the client, upon presentation of supporting documents detailing the steps taken. This compensation will not be applied in cases where the client proves that it is subject to receivership or liquidation proceedings. All unpaid fees, following a bank rejection of a customer's payment, will remain the customer's financial responsibility.
ARTICLE 6. DELIVERY OF PRODUCTS
The ordered products can be delivered in two distinct ways.
6.1 Delivery in mainland France
Products can be delivered in France (mainland and Corsica) to the address indicated by the customer when placing the order.
In this case, the customer must ensure that the address provided is correct and does not contain any errors (particularly in the number or type of street). The customer must also ensure that someone will be present at the time of delivery to enable it to be made.
In the event of an incomplete address, an error in the address or absence, the customer will be solely responsible for the impossibility of delivering the order and may possibly be forced to pay the cost of a new delivery, in advance of the latter.
6.2 International Delivery
In the event of an order to a country other than France, the customer is deemed to be the importer of the product(s) concerned and must ensure that he has made all the necessary declarations and/or has all the authorizations and authorizations allowing the importation of said product(s) into the country of destination, BAR SOLUTIONS cannot be held responsible in this regard.
Any order intended for delivery abroad and/or overseas must in any case be made by e-mail to the following address: commercial@barsolutions.fr .
Transport costs for export will be calculated excluding customs duties and local taxes (including VAT).
6.4 General information on delivery
In all cases, the package will be delivered to the recipient (at the front door, on the ground floor) via our usual transport provider or in any case via an intermediary of our choice.
BAR SOLUTIONS does not ship or deliver any products on Saturdays, Sundays, or public holidays. Delivery does not include unpacking, installation, or connection to utilities (water, gas, electricity).
It is possible that an order containing products from different ranges may be delivered in several separate packages. BAR SOLUTIONS cannot be held responsible if the packages are delivered by the carrier on different dates (i.e., by a few days). In this case, acceptance of delivery of the first package constitutes acceptance of the entire order.
Unless otherwise provided by mandatory legal provision more favorable to the consumer, all goods sold travel at the customer's risk and peril, regardless of the mode of transport and the terms of payment of the transport price. Where applicable, particularly in the event of damage, it is the customer's responsibility to make the necessary reservations with the carrier before taking delivery of the goods, in accordance with Article 7 below (" Receipt of Products ").
The delivery times expected at the time the order is placed are given for information purposes only. BAR SOLUTIONS will make every effort to respect the delivery time indicated. Unless otherwise provided by mandatory legal provisions more favorable to the consumer , delays in delivery cannot be invoked by the customer to refuse the goods, cancel the sale, or claim damages.
BAR SOLUTIONS shall not be liable for delays or partial or total non-execution of orders, and in particular in the event of non-compliance with payment conditions by the customer or in the event of failure by the customer to provide the information necessary for the execution of the order in a timely manner.
ARTICLE 7. RECEIPT OF PRODUCTS
Upon receipt, the customer is required to check the condition of the packaging as well as the contents of the package(s) delivered and to compare the quantities and references delivered with those mentioned on the delivery slip.
The customer must indicate on the delivery slip and in the form of handwritten reservations accompanied by his signature, any possible anomaly concerning the delivery (damage, product missing from the delivery slip, damaged package, broken products, etc.).
If they have been damaged, the customer must refuse the package and note a reservation on the delivery slip ( "package refused because open or damaged" ).
The customer must also inform BAR SOLUTIONS by email at sav@barsolutions.fr within 24 (twenty-four) hours of receiving the package(s).
PLEASE NOTE : the package check is considered to have been carried out and made without reservation as soon as the customer or a person authorized by them has signed the delivery slip.
No claim may be taken into account in the event of non-compliance with the conditions set out above.
ARTICLE 8. RIGHT OF WITHDRAWAL
In accordance with Article L. 221-18 of the Consumer Code, the consumer customer has a right of withdrawal which he can exercise without reason within fourteen (14) days from delivery of the order in order to be able to return one or more products ordered and be reimbursed without having to justify reasons or pay a penalty.
When this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended to the next working day. In the case of an order for several products delivered separately, the period starts from the receipt of the last product.
The customer informs BAR SOLUTIONS of his decision to withdraw by sending it, before the expiry of the period stipulated in the preceding paragraph, the withdrawal form mentioned in Appendix 1 or any other unambiguous declaration expressing his wish to withdraw.
The customer must then return the products subject to the right of withdrawal no later than fourteen (14) days following communication of his decision to withdraw. The return of new, unused products, in their original packaging, accompanied by the order number, will be at the customer's expense and to the following address:
MPO FOR BAR SOLUTIONS
Dry foot ZA
11 dry foot street
72000 Le Mans
The right of withdrawal may be excluded in the case of orders for personalized products or products made according to the customer's specifications.
If BAR SOLUTIONS deems several returns to be abusive or abnormal, BAR SOLUTIONS reserves the right to refuse further orders from the Customer concerned. The Customer may be held liable for any depreciation of the products resulting from handling other than that necessary to establish the nature and characteristics of these products.
In all cases of return of ordered products, BAR SOLUTIONS will reimburse the customer for the sums already paid (including shipping costs), excluding return costs, within fourteen (14) days from the date of recovery of the products or until the customer has provided proof of shipment of these products.
The refund will be made using the same payment method chosen by the customer at the time of ordering, unless the customer agrees to use another payment method that does not incur any fees.
BAR SOLUTIONS will not be required to reimburse additional costs if the customer has expressly chosen a more expensive delivery method than the standard delivery method .
ARTICLE 9. FORCE MAJEURE
BAR SOLUTIONS will see its contractual obligations suspended in the event of force majeure within the meaning of Article 1218 of the Civil Code and in particular total or partial strikes, floods, fires, attacks, etc., whether this situation occurs to BAR SOLUTIONS or to one of its subcontractors.
ARTICLE 10. GUARANTEE
10.1 Commercial guarantee
Products sold by BAR SOLUTIONS benefit from a limited commercial warranty.
Electrical equipment such as refrigerators, freezers, refrigerated display cases, ice makers, glass washers and ice crushers are covered by a warranty applicable only to sales invoiced and delivered in mainland France, limited to the replacement of spare parts.
No labor is provided by Bar Solutions at any time.
No commercial warranty applies to wear parts, tempered glass windows, electrical contactors, indicator lights, bulbs and electric motors not protected by a circuit breaker.
10.2 Legal guarantee applicable to consumer customers
For consumer customers , the provisions of these General Terms and Conditions relating to the commercial guarantee are without prejudice to the legal guarantees, and in particular the guarantee against hidden defects referred to in Articles 1641 to 1649 of the Civil Code, in application of the following texts:
Articles L.217-4 of the Consumer Code :
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility."
Article L.217-5 of the Consumer Code :
"The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted .
Article L.217-12 of the Consumer Code :
"The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods."
Article 1641 of the Civil Code :
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 al. 1 of the Civil Code :
"The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect."
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It is recalled that within the framework of the legal guarantee of conformity, the consumer:
The legal guarantee of conformity applies independently of the commercial guarantee that may cover your goods. It is recalled that the consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he can choose between the resolution of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. |
ARTICLE 11. RESPONSIBILITY
Subject to any mandatory legal provisions to the contrary which are more favorable to consumer customers , BAR SOLUTIONS is only liable for errors committed by it in the execution of an order which have caused direct, material and certain damage to the customer.
BAR SOLUTIONS' liability is limited to the implementation of the guarantee set out in Article 10 (" Guarantee ") and, in any event, is capped at the price paid by the customer.
BAR SOLUTIONS excludes any compensation for immaterial and/or indirect damages such as loss of income, loss of profit, damage to image or reputation, including if these damages are due to late or incorrect delivery, negligence, material error, product defect or any other cause.
No replacement machine may be loaned during the repair period.
The specifications and appearance of certain delivered products may differ slightly from the presentation in the catalog or on the Site, without this giving rise to any claim, refund or compensation whatsoever.
The photographs of the items presented on the Site are non-contractual.
ARTICLE 12. RESERVATION OF OWNERSHIP
THE PRODUCTS ARE SOLD WITH RETENTION OF TITLE TO BAR SOLUTIONS UNTIL FULL PAYMENT OF THE PRICE IN PRINCIPAL AND ACCESSORIES, WHICH THE CUSTOMER EXPRESSLY ACCEPTS.
Non-payment of any of the due dates may result in the reclamation of the goods without restitution by BAR SOLUTIONS of any deposits already received. These provisions do not prevent the transfer to the customer, upon delivery of the goods, of the risks of loss and deterioration of said goods as well as any damage that they may cause.
In the event that the customer has resold the products, or if they have suffered damage, BAR SOLUTIONS reserves the right to claim, by any legal means, payment of invoices not yet paid by the agreed due dates.
ARTICLE 13. COMPUTING & FREEDOMS
The customer is informed that any order placed with BAR SOLUTIONS involves the collection and processing of personal data within the meaning of the European General Data Protection Regulation No. 2016/679 of April 27, 2016 (the "GDPR") and the Data Protection Act No. 78/17 of January 6, 1978 in its version resulting from Law No. 2018/493 of June 20, 2018.
The manner in which the customer's personal data is collected and processed by BAR SOLUTIONS is explained in the BAR SOLUTIONS Privacy Policy: Privacy Policy
ARTICLE 14. INTELLECTUAL PROPERTY
BAR SOLUTIONS is the exclusive owner of the intellectual property rights relating to the Site (including product visuals and descriptions) as well as to the "BAR SOLUTIONS" trademark. No provision of these General Terms and Conditions may be interpreted as effecting any transfer of intellectual property rights to this trademark to the benefit of the customer.
ARTICLE 15. CUSTOMER SERVICE
In accordance with Article L. 121-16 of the French Consumer Code, the consumer customer has the right to contact BAR SOLUTIONS to ensure the proper execution of the sales contract or to process a complaint. This contact is not subject to a surcharge.
BAR SOLUTIONS customer service is open Monday to Friday from 10 a.m. to 6 p.m. and can be reached at 01 71 18 35 79.
ARTICLE 16. APPLICABLE LAW AND DISPUTES
The T&Cs are subject to French law.
16.1 Disputes with a consumer customer
In accordance with Article L. 211-3 of the Consumer Code, any consumer customer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and a professional.
BAR SOLUTIONS guarantees the customer effective recourse to a consumer mediation system in accordance with the provisions of Articles L. 611-1 et seq. of the Consumer Code.
The customer can contact the mediator of their choice, whose contact details are available on the European Commission website: https://webgate.ec.europa.eu/odr/main/?event=main.home.show
In the absence of an amicable agreement, any dispute relating to the General Terms and Conditions will be subject to the exclusive jurisdiction of the competent court of Paris, with the exception of disputes concerning non-commercial persons and for which the legal rules of attribution of jurisdiction apply.
16.2 Disputes with a professional client
In the event of a dispute relating to the General Terms and Conditions with a professional client, THE COMPETENT COURTS OF PARIS shall have sole jurisdiction, regardless of the place of delivery, the method of payment accepted, and even in the event of a warranty claim, multiple defendants or emergency proceedings (summary proceedings, brief deadline, application).
APPENDIX 1
MODEL WITHDRAWAL FORM
(CONSUMER CUSTOMER)
This form allows you to request to exercise the right of withdrawal with regard to one or more products purchased on the website www.barsolutions.fr .
The use of this form is not mandatory and you can exercise your right of withdrawal by any other means of declaration, free from ambiguity, expressing your wish to withdraw.
You can complete and return this form if you wish to withdraw from your order placed on the website www.barsolutions.fr , subject to the cases of exclusion or limits to the exercise of the right of withdrawal according to the General Conditions of Sale of BAR SOLUTIONS.
In all cases, the withdrawal request must be sent to the following address:
BAR SOLUTIONS, 24 rue des Amandiers, 75020 PARIS
I inform BAR SOLUTIONS of the exercise of my right of withdrawal relating to all or part of the order below:
Order of ………………………………………………………………………
Order received on ………………………………………………………………..
Order number: ……………………………………………………….
Consumer name: …………………………………………………………
Consumer address: ……………………………………………………….
Reason (optional):……………………………………………………………………
Date : ……………………………………………………………………………………
Consumer signature (if sending the form on paper):
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