General Terms of Sale on Internet

 

BACCARAT, French public limited company with a capital of €16,184,500, registered on the Nancy Trade and Companies Register under the number 760 800 060 the registered office of which is at 20, rue des Cristalleries – BP 31, Baccarat (54120) – FRANCE, and its commercial headquarters are located at 11, Place des Etats-Unis, Paris (75116). Telephone number : +33 1.40.22.11.00. Fax number : +33 1.40.22.11.93. Intracommunity VAT n° FR 86760800060, e-mail address baccarat_eu@baccarat.fr, (hereafter called "Baccarat") wished to formalise the terms and conditions for the sale of its products to its Customers via its e-commerce site, accessible from the British version of the Web site uk.baccarat.com (hereafter the "Website"), in these General Terms of Sale.

 

Introduction

 

Baccarat manufactures very high quality products which it sells worldwide under the "BACCARAT" trademarks. 

To do this it has specific and reputed traditional craftsmenship, know-how and skills.

Baccarat sells the above-mentioned Products on the web site uk.baccarat.com. The list of Products which Baccarat offers for Online Sale can also be consulted on this Website.

The Customer and Baccarat agree that their dealings will be governed exclusively by these General Terms of Sale, to the exclusion of any other terms of sale which may have been previously consulted on Baccarat's Website.

Pursuant to articles 1369-1 and 1369-4 of the French Civil Code, these General Terms of Sale can be conserved by backing up on a computer and/or reproduced by the Customer printing them.

Baccarat reserves the right to modify these General Terms of Sale at any time by publishing a new version of them on the website. The applicable terms of sale are those in force on the date the Validation of the Order is confirmed.

 

Article 1. - Definitions

 

The terms and expressions mentioned below will, when they begin with a capital letter, have the following definitions for the interpretation and performance of these General Terms of Sale :


"Article" : the Product or Products which are the subject of the Order ;

"Order" : order for Products by the Customer to Baccarat ;

"General Terms of Sale" : the general terms of sale which are the subject of this document ;

"Delivery Time" : the time between the date of the Validation of the Order and the date the Order is delivered to the Customer ;

"Delivery Costs" : costs incurred by Baccarat to package and forward the Order to the delivery address given by the Customer ;

"Delivery" : shipping the Article to the Customer ;

"Method of Delivery" : means any standard or express method of delivery available on the Website at the time of the Order ;

"Price" : the unit value of a Product ; this value is given in pound sterling inclusive of VAT, but exclusive of Delivery Costs ;

"Sub-Total Price" : the amount of the total Price of the Products in the Order without Delivery Costs. This amount is given in pound sterling, inclusive of VAT ;

"Total Price" : the total Price to which the price of the Delivery Costs is added. This price is given are in pound sterling, inclusive of VAT ;

"Product" : any product offered for sale on the Website ; chandeliers and customisable products cannot be ordered directly online and do not constitute Products within the meaning of these General Terms of Sale ;

"Website" : uk.baccarat.com Online Sale site used by Baccarat to sell its Products ;

"Territory" : has the meaning given in Article 3 ;

"Validation of the Order" : has the meaning given in Article 5 ;

"Online Sale" : sale of Baccarat Products on the Site ;

 

Any reference to the singular includes the plural and vice versa. Any reference to a gender includes the other gender.

 

Article 2. - Purpose

 

The purpose of these General Terms of Sale is to define Baccarat's and the Customer's rights and obligations within the scope of the Online Sale of the Products which Baccarat offers for sale to the Customer.

 

Article 3. - Field of application

 

These General Terms of Sale are reserved for consumers, as defined by statute and case law, acting exclusively on their own behalf.

In accordance with articles L. 111-1 et seq of the Consumption Code, the essential characteristics, and the prices of Products sold electronically are available on the Site.

 

The Customer also receives the information stipulated in articles L. 121-18 and L. 121-19 of the Consumption Code before and after the conclusion of the sale, and notably through these General Terms of Sale.

 

These General Terms of Sale apply to all sales of products made by Baccarat via the Website.

 

The Customer states that he or she read General Terms of Sale before the Validation of the Order within the meaning of article 5. The Validation of the Order is therefore valid acceptance of these General Terms of Sale, without restriction or reserve.

 

These General Terms of Sale apply to Orders placed for delivery in Great Britain.

 

Article 4. - Coming into force and Duration

 

These General Terms of Sale apply to the Customer and Baccarat from the date of the Validation of the Order, as stipulated in Article 5.

These General Terms of Sale apply for the period required to supply the Products, up until the end of the guarantees and obligations owed by Baccarat.

 

Article 5. - Ordering Products and Services and steps in concluding the Online Sale

 

The Customer must follow the following steps in order to place the Order :

1. Compose the address of the Website or access the Website via a link ;

2. Take note of the Baccarat Privacy and Security policy every time you visit the Site;

3. Follow the instructions on the Website and in particular the instructions for opening a customer account ;

4. Complete the Order form. If there is a long period of inactivity during the connection, the Product selection chosen by the Customer before the period of inactivity may not be guaranteed. The Customer is then asked to repeat the Product selection from the beginning ;

5. Check the details of the Order and if necessary, identify and correct errors ;

6. Review the Baccarat Terms and Conditions of Sale and print them off, before validating your order, the Subtotal Price and the Total Price and tick the box opposite the message " ORDER WITH BANK PAYMENT OBLIGATION: I have read and fully and unreservedly accept the General Terms of Sale" (the "Validation of the Order") ;

7. Follow the instructions from the online payment server in order to pay the Total Price.

 

The Customer can pay his or her order after it has been validated on the Website, unless the server is down.

 

The Customer will immediately receive an electronic acknowledgement of receipt confirming the Order ("the Confirmation of the Order"). The data relating to the Orders will be hosted, backed up and kept in the computer systems of the eCommera company, whose registered office is at : 

1st Floor. Wells Point, 79 Wells Street, London, W1T 3QN.

Tel: +44 207 291 5800 

 

eCommera's information registers will be proof of all the transactions between the Customer and Baccarat on the Website. The data relating to orders is archived on a reliable and durable medium which can be produced as evidence.

 

The Customer receives an electronic confirmation that the Order has been shipped.

 

The invoice will be sent in a separate email.

 

All Orders placed on the Site are exclusively intended for the Customer's personal use. The Customer or recipient of the Products are therefore prohibited from totally or partially reselling the Products ordered.

 

Delivery will be made to the delivery address given by the Customer when ordering.

 

The Customer undertakes to respect these General Terms of Sale when the different steps of the Order mentioned above are being performed.

 

In accordance with article L. 122-1 of the Consumption Code, Baccarat reserves the right to refuse the Order if it is abnormal (notably given the quantites ordered), placed in bad faith or for any other legitimate reason, and in particular if a dispute exists with a Customer concerning the payment of a prior Order.

 

Article 6. - Price of the Products and Terms of Validity

 

The Price of the Products sold on site is indicated respectively by article and reference apart from typographical errors. These Prices are inclusive of the VAT applicable on the day of the Order but do not include the delivery costs which are invoiced in addition, and which will be detailed to the Customer on the Validation of the Order.

 

The price to pay at the time of the Validation of the Order is the Total Price.

 

The offers of Products and Price are valid whilst they are displayed on the Website and within the limits of stocks available.

 

Within this framework, the Customer is informed of the information concerning the Products' availability when the Order is placed. Modifications or errors may exceptionally occur in particular if several customers place Orders simultaneously for the same Article. If the Article is unavailable after the Customer placed the Order, Baccarat will inform the Customer by e-mail as quickly as possible, either proposing the purchase of another article displayed on the Website as a replacement or the cancellation of the Order. If the Customer decides to cancel the Order, the amount paid will be refunded within 30 days, if the Customer's bank account has been debited.

 

Baccarat reserves the right to change the Products and the prices of the Products offered on the Website without notice at any time. The Products offered for sale and their corresponding prices will be those in force when the Order is placed, and accepted by the Customer by validating the Order.

 

The Customer is duly informed that the illustrations, colours, photographs and descriptions of the Products are for guidance only and do come within the contractual field. Baccarat cannot be liable for any errors or inaccuracies.

 

The Customer is exclusively responsible for paying the telecommunication costs when accessing the Website.

 

The period of validity of the offers of the Products and Prices is determined by updating the Site.

 

Article 7. - Payment terms

 

7.1. Payment by bank card

The Total Price is paid by the Customer by one of the following means of payment : VISA and MASTERCARD.

 

Payments by cheque and bank transfer are not accepted.

 

The transaction is debited from the Customer's bank card at the time of shipment, after the cards' data has been checked, when the debit authorisation is received from the company which issues the Customer's bank card.

 

The customer, by communicating his or her bank card information, authorises Baccarat to debit the Total Price from the bank card.

 

The Customer gives his or her bank advance authorization to debit the entries or statements transmitted by the payment module from his or her account, even in the absence of invoice signed by the cardholder. The Products ordered remain Baccarat's property until Baccarat has received the whole of the price.

 

 

If it is impossible to debit the Total Price, the Customer is asked to repeat the payment process. If the impossibility of debiting the Total Price is confirmed, the Online Sale will be immediately rescinded and the Order cancelled.

 

Baccarat will do its its utmost to guarantee the confidentiality and security of the data transmitted on the Website.

 

In order to fight Internet fraud an online control is performed of the competent banking institutions and organisations concerning online payments. Baccarat does not collect or conserve the information on the Customer's bank cards. 

 

Baccarat uses the secure 3-D Secure payment system which authenticates transactions by Customers. 3 D Secure is a program created by the international Visa (Verified by Visa) and MasterCard (Mastercard Secure Code) issuers to reinforce the security of online payments. You must authenticate yourself when making a payment by bank card, by entering an item of personal information or a single use code transmitted to you by your bank.

 

The payment data is the subject of automated data-processing which is separate from Baccarat's data-processing. The purpose of this automated data-processing is to define a level of analysis for a transaction and to fight bank card fraud.

 

An unpaid resulting from fraudulent use of a bank card will result in the information relating to the Order associated with the unpaid being registered in a payment incident file kept by a third party. An abnormal declaration or an anomaly can also be the subject of specific processing.

 

The Customer has the same rights vis-à-vis the third parties mentioned above, as those granted by Baccarat relating to data processing (Baccarat's Confidentiality Policy). The Customer can enforce them by contacting Baccarat's Data Protection Correspondent at the following email address : correspondant-CNIL@baccarat.fr or by letter  : Correspondant CNIL Baccarat, 11, place des Etats-Unis – 75116 PARIS, who will pass on the information to the third party concerned.

 

Article 8. - Delivery of the Order

 

8.1. Delivery Method

The Client chooses one of the Delivery Methods proposed on the Website for the Products, when the Order is placed.

 

The Products must be delivered by La Poste, Chronopost, UPS or by carrier. 

 

8.2. Address for delivery

The Customer gives a delivery address which must be located on the Territory, otherwise the Order will be refused. The Customer is exclusively liable for non-delivery due to a lack of information given during the Order.

 

8.3.Amount of the Delivery Costs

The amount of the Delivery Costs depends on the amount and nature of the Order and the delivery method chosen by the Customer. The Customer is always informed of the amount of the Delivery Costs before the validation of the Order.

 

The Delivery Costs are calculated in accordance with the Products ordered and the Method of Delivery you have chosen :

 

Type of product 

7 days Standard delivery

48h00 (*)

 

Jewelry

£13

£16

 

Other products

 

 

 

Less than £400

£10

£12

 

£401-£800

£13

£16

 

£801-£1200

£24

£25

 

More than £1200

£60

£121

 

 

 

    (*) : These Time Limits run from the Validation of the Order, only if the Order was placed before 11 am, Mondays to Fridays (excluding bank holidays, both French and UK ones).

 

8.4. Delivery Time limits

Providing the Products chosen are available, the Delivery Method mentioned above is specified to the Customer throughout the Validation and Payment process for the Order. The Delivery Time corresponds to the Delivery Method chosen by the Customer.

The Delivery Times run from the Date of Confirmation of the Order by Baccarat and are the average times for preparing and routing the Order on the Territory. They are a maximum of 7 working days from the Validation of the Order before midday for a standard delivery, 48 hours (two working days) from the Validation of the Order before 11 am for a 48-hour delivery . (excluding weekends and public holidays, both French and UK ones).

 

 

8.5. Late delivery

Baccarat is considered to have respected the time limits if the Order is first presented at the address given by the Customer within the time limits indicated by the Customer.

 

The Order is not automatically cancelled by late delivery.

 

Baccarat will inform the Customer by e-mail if delivery will be after the Delivery Period for the Delivery Method chosen by the Customer. Customers can then decide whether to cancel the Order and will send a cancellation notice by email to the following address baccarat_eu@baccarat.fr.

 

If the Order has not been sent when Bacarat receives the Customer's cancellation notice, the delivery is blocked and the Customer is immediately refunded any sums debited, and at the latest, within 14 (fourteen) calendar days following the date on which the Client informed Baccarat that they wanted the order to be cancelled due to the delay indicated. 

 

8.6. Follow up of the Order

The Customer can monitor the processing of the Order in the area reserved for this on the website, section : my account, my orders.

 

8.7. Checking the Order on its arrival

The Client must check the condition of the packaging, as well as the Articles on Delivery.

The Customer is responsible for issuing reserves and making the claims it considers necessary or even refusing the parcel, especially if it is obviously damaged on arrival. The said reserves and claims must be sent to the carrier by recorded delivery letter with acknowledgement of receipt within three working days, not including bank holidays, following the Delivery Date of the Products. 

The Customer must also send a copy of this letter to Baccarat. The failure to claim within the above-mentioned deadlines will extinguish all actions against the carrier in accordance with article L. 133-3 of the Commercial Code.

The Customer must check that the Products delivered to it correspond to the Order. If the nature or quality of the Products do not conform to the specifications in the packing slip, the Customer must return the products complete and in their original packing, accompanied by the return form to the following address :

 

Centre de retour e-commerce Baccarat

20 Rue des Cristalleries

54120 BACCARAT

 

within fourteen (14) calendar days following the date the Customer receives the Order. The Customer must provide proof of this return. This assumes that the articles will be returned by any other means enabling a definite date to be fixed, with the Customer responsible for the costs and risks of the return. 

 

Article 9. - Right of withdrawal

 

The Customer has 14 (fourteen) calendar days after the date of receipt or withdrawal of the Order by the Customer to retract. If this period expires on a Saturday, Sunday, a bank holiday or an unworked day, the period is prolonged until the next working day.

 

The Customer wishing to withdraw must return the articles without excessive delays and, at the latest, 14 (fourteen) calendar days after communicating their decision to withdraw their order, in their original packaging by any method enabling a definite date to be given to the following address :

 

Centre de retour e-commerce Baccarat

20 Rue des Cristalleries

54120 BACCARAT

 

with the withdrawal form in the parcel for the Customer's order and the copy of the invoice. The Customer must keep the proof of this return, and will pay the costs and bear the risks of the return.

 

Articles which are returned incomplete, modified, spoiled, damaged and/or dirty caused by the Customer will not be refunded. 

 

Providing the above deadline and reserves are respected, Baccarat will refund all the sums paid by the Customer, including the initial delivery costs invoiced by Baccarat to the Customer to the Customer's bank account associated with the bank card used for the Order, within 14 (fourteen) days of the date Baccarat is informed of the Customer's decision to withdrawal form the contract of sale in accordance under the above provisions, and up until Baccarat receives the Articles reshipped by the Customer or the proof that the Articles have been reshipped, in any event.

 

This right of withdrawal belongs exclusively to the Customer who places the Order and cannot be used by a recipient of a gift card in any circumstances (apart from recipients of electronic Gift Cards who also entitled to benefit from this right).

 

If the terms for performing the right of withdrawal described above are not respected, although the Customer has reshipped the Article back to Baccarat, the Customer is entitled to have the said Article sent back to him or her in the condition it was in when it was returned to Baccarat.

 

Article 10. – Claims - Information

 

For any information, complaint or question concerning these General Terms of Sale or the Product itself, the Customer must contact Baccara's customer service department by post at the following address (63 rue Edouard Vaillant 92300 Levallois Perret - France), by email at baccarat_eu@baccarat.fr or by phone at 0203 318 6087 , if necessary, giving the reference and date of the Order.

 

Article 11. – Guarantees 

 

11.1. Statutory guarantees

 

Baccarat is subject to the statutory guarantees in articles L. 211-4, L. 211-5, L. 211-12 and L.211-13 of the Consumption Code and articles 1641 and 1648 sub-paragraph 1 er of the Civil Code :

 

Article L.211-4 : 

 

Baccarat must deliver a Product which conforms with the contract and is liable for the defects in conformity which exist when the Product is delivered.

 

 

It is also liable for defects in conformity due to the packaging, assembly or mounting instructions if it is responsible for them under the contract or these actions are performed under its liability.

 

 

Article L.211-5 : 

 

In order to conform to the contract, the Product must be :

 

 

1° fit for the use which is usually expected of a similar product and if necessary :

 

 

- correspond to the description given by Baccarat and possess the qualities presented to the purchaser either in the form of a sample or model by Baccarat.

 

 

- or have the qualities which a purchaser can reasonably expect given the public statements made by Baccarat, the producer or by its representative, notably in advertising or on the labelling ;

 

 

 

2° Or have the characteristics defined by the parties by mutual agreement or are fit for any special purpose required by the purchaser which Baccarat was informed of and accepted.

 

Article L. 211-12 : 

 

A legal claim for a defect in conformity is time-barred two years from the delivery of Product.

 

 

Article L. 211-13 : 

 

This section does not prevent the purchaser from making a claim for redhibitory defects pursuant to articles 1641 to 1649 of the Civil Code, or any other action of a contractual or extracontractual nature the purchaser is entitled to bring by law.

 

 

Article 1641 : 

 

Baccarat is bound by the guarantee for concealed defects in the sold article rendering it unfit for its intended purpose, or which limit this use to such an extent that the purchaser would not have acquired it or would only have acquired it at a lesser price if he or she had known of them.

 

 

Article 1648 sub-paragraph 1 : 

 

The purchaser must make the claim for redhibitory defects within two years of discovering the defect. 

 

 

11.2. Commercial guarantees

 

11.2.1. Return – Exchange 

 

Apart from the statutory guarantees, Baccarat wishes to offer its customers the possibility of exchanging the Articles delivered under the terms described below.

The Customer and under certain conditions the recipient of a gift purchased by the customer can, at their discretion within 30 days following the date of delivery, either by making an exchange for an order placed on the website uk.baccarat.com 

 

In these circumstances, the Customer or the recipient of a gift can return the Articles delivered in their original packaging, complete (accessories, instructions etc) with the exchange form correctly filled out, together with a copy of the invoice or packing slip to the following address :

 

Centre de retour e-commerce Baccarat

20 Rue des Cristalleries

54120 BACCARAT

 

The Customer or the recipient of a gift must provide proof of this return, which assumes that the articles will be returned by any method enabling a definite date to be given. The Customer is responsible for paying the costs of return. A new delivery will only occur after Baccarat has received the Articles returned by by the Customer or the recipient of a gift. 

 

For the Customer : the exchange can only involve a Product or Products of an equivalent or higher value than the Article(s) purchased by the Customer. If the value of the Articles chosen in replacement is higher than the Article(s) returned, the Customer must pay the difference in price in accordance with the General Terms of Sale.

 

For the recipient of a gift : The exchange can only be for a Product or Products of an equivalent amount to the Articles received as a gift. 

 

The initial sale will be rescinded by an exchange, and the price of the initial Order will be credited to the Customer's payment card. The new sale corresponding to the exchange will be governed by these General Terms of Sale. Baccarat will debit the amount of the Customer's second order directly from the payment card used by the Customer for the first sale. The Customer who offered the Articles as a gift will be informed (by the credit and debit of his or her payment card) that the recipient of a gift has exchanged the said gift.

 

In both cases, the transport costs of the second delivery will be paid by the Customer or the recipient of the gift (who must create a customer account on the Website to pay the Delivery Costs of the exchanged Products). The Customer or the recipient of the gift is responsible for paying the return costs (who must create a customer account on the website to pay the delivery costs of the returned Products).

 

Only one exchange per Order and per reference is possible.

 

If the value of the repalcement Article(s) is higher than the value of the returned Article(s), the Customer or the recipient of the gift must pay the difference in price.

 

If the value of the replacement Article(s) is lower than the value of the returned Article(s), the Customer will receive a credit note for the difference in price which can be used in the shops listed above within 6 months.

 

< >Common provisions

 

Baccarat currently does not offer the right to exchange or claim refunds for Articles purchased from Baccarat shops on the uk.baccarat.com website.

 

11.2.2. Repair

Apart from the special cases covered by the statutory guarantees mentioned above, Baccarat will provide a paying repair service to its customers and recipients of gifts.

The Customer or the recipient of a Baccarat gift can contact the Customer Department on the following number: 0203 318 6087 to obtain this service or for further information, or make enquiries at one of the shops listed above.

 

11.2.3. Restocking

For certain Products, Baccarat allows its Customers or Recipients of Baccarat gifts to purchase pieces missing from its glassware sets.

The Customer or recipient of a Baccarat gift can obtain this service by contacting the Customer Department on this number : 0203 318 6087

 

Article 12. - Intellectual property rights

 

The "BACCARAT" trademark and all the trademarks, whether figurative or not, and in general, all other brand names, illustrations, texts, interviews, images, videos and logotypes on the Products, their accessories and packaging, either on the Website or any other medium used by Baccarat, whether registered or not, are and will main Baccarat's exclusive property. 

 

The same applies to any other combination or juxtaposition with any other trademark, symbol, logotype and generally any distinctive sign intended to form a composite logo. 

 

The same applies to any copyright, drawing, design, patents and domain name (notably in connection with the products) which are Baccarat's property.

 

No hypertext link to the Website is allowed without Baccarat's express prior agreement.

 

Any total or partial reproduction, modification or use of the elements mentioned in this article for any reason and any medium whatsoever is strictly prohibited unless Baccarat has given its express, prior agreement.

 

Article 13. - Confidentiality of Data

 

Baccarat has a Privacy Policy which is accessible by clicking on the link on the Website's homepage.

 

Article 14. - Force Majeure

 

Baccarat's performance of its obligations under these General Terms of Sale will be suspended if a case of fortuitous happening or force majeure occurs which either inteferes with or delays performance.

 

Baccarat will inform the customer of the occurrence of such a case of fortuitous happening or force majeure as soon as possible after the date the event occurs.

 

If the performance of Baccarat's obligations are suspended for more than thirty (30) days, the Customer will be able to terminate the order in progress and Baccarat will then reimburse the Order under the terms of Article 8.5.

 

Article 15. - The invalidity of a clause in these General Terms of Sale

 

If any of the provisions of these General Terms of Sale are cancelled, this would not cancel the other provisions which will remain in force between Baccarat and the Customer.

 

Article 16. Limitation of liability

 

Baccarat cannot be held liable for losses resulting from using the Internet notably such as loss of data, intrusion, computer viruses, termination of the connection, interruption of the connection, or any other problems outside its control.

 

Baccarat reserves the right to suspend using the Website at any time.

 

Baccarat is subject to a best endeavours obligation only. The Customer remains the sole judge of the appropriate and adapted nature for its requirements and its use of the Articles ordered. Baccarat can never be held liable for any use of the Products which does not conform with their purpose.

 

Article 17. - Non-waiver

 

The fact that Baccarat fails to invoke one of the obligations mentioned in these General Terms of Sale cannot be interpreted as a waiver of the obligation in question in the future.

 

Article 18. - Governing law

 

These General Terms of Sale are governed by French law.

 

Article 19. - Attribution of jurisdiction

 

Any dispute arising concerning the formation, interpretation and performance of the General Terms of Sale will be for the exclusive jurisdiction of the French courts despite there being more than defendant or third-party notices.