Our general terms and conditions of sale
These general terms and conditions of sale are entered into, on the one hand, by the company BBM équipement, with a share capital of 9,500 euros and its registered office in Montigny les Metz, registered with the Metz Trade and Companies Register under number 789 518 206, hereinafter referred to as “BBM équipement”, and, on the other hand, by any natural or legal person wishing to make a purchase via the website “ bbm-equipement.com ”, hereinafter referred to as “the buyer”.
Purpose
These general terms and conditions of sale define the contractual relationship between BBM équipement and the buyer. They set out the conditions applicable to any purchase made through the online shop climbing.bbm-equipement.com, whether the buyer is a business or a private individual. Purchasing a product through this website implies the buyer’s unreserved acceptance of these terms and conditions of sale. The buyer declares that they are of legal age or hold parental authorisation, and that they have the legal capacity to place an order on the website climbing.bbm-equipement.com. These terms of sale prevail over any other general or special conditions not expressly accepted by BBM équipement. BBM équipement reserves the right to change its terms of sale at any time. In that case, the terms applicable will be those in force on the date of the buyer’s order.
Product characteristics
Catalogue
The products are those shown in the catalogue published on the BBM équipement website. They are limited to available stock. In the event of a stock shortage, restocking times may vary depending on the products and suppliers. Requests will be handled individually whenever possible. Each product comes with a description.
Photographs
The photographs in the catalogue are as faithful as possible but cannot guarantee a perfect match with the product, in particular as regards colours.
Prices
VAT
The prices shown in the catalogue are prices in euros including tax, taking into account the VAT applicable on the day of the order; any change in the rate may be passed on in the price of the products.
Price changes
BBM équipement reserves the right to change its prices at any time, it being understood that the price shown in the catalogue on the day of the order will be the only price applicable to the buyer.
Processing fees
The prices shown include order processing fees, provided the orders are placed in the geographical areas listed below.
Delivery costs
Delivery costs are added to the price of the products and may vary depending on the geographical area.
Geographical area
European Union
Online sales of the products presented on the site are reserved for buyers residing in any country of the European Union and for deliveries requested in those geographical areas.
Other countries
Online sales of the products presented on the site are also reserved for buyers residing in Switzerland, in the French overseas departments and territories and in Monaco, and for deliveries requested in those geographical areas.
Orders
Information form
The buyer must fill in the identification form, giving all the contact details requested, or provide their customer number if they have one.
Order form
The buyer must fill in the online order form, giving all the references of the products chosen.
Validation
The buyer must validate their order after checking it.
Payment
The buyer must make the payment under the conditions provided.
Confirmation
Confirming the order implies acceptance of these general terms and conditions of sale, acknowledgement that the buyer is fully aware of them, and waiver of the right to rely on their own purchasing conditions or any other conditions. All the data supplied and the recorded confirmation will serve as proof of the transaction. Confirmation will constitute signature and acceptance of the operations carried out. The seller will send confirmation of the recorded order by email.
Right of withdrawal
Time limit
Buyers who are non-professional individuals have a withdrawal period of seven days from the delivery of their order.
Exchange or refund
They may return the product to the seller for exchange or refund without penalty, except for the return costs.
Refund conditions
Only products returned complete, in perfect condition, in their original packaging and with a return number will be accepted. Otherwise, the return will be considered non-compliant and will not be refunded by BBM équipement.
Payment terms
Due date
The price is due at the time of the order.
Secure payment
Payments will be made by cheque, PayPal and bank card. Bank card payments will be processed through the secure 3D Secure system via LCL, which uses the SSL (Secure Socket Layer) protocol, so that the information transmitted is encrypted by software and no third party can access it while it travels over the network.
Debit
The buyer’s account will only be debited when the available products are shipped, and only for the amount of the products sent. At the buyer’s request, a paper invoice showing VAT will be sent to them.
Identity check
In the case of anti-fraud checks intended to secure its customers’ transactions, BBM équipement will be entitled to ask the user to provide one or more proofs of address and/or a copy of an identity card by email or fax before validating their order.
Final validation
The order will then be final only once BBM équipement has received these documents and sent the confirmation email. If these documents are not received, or if they do not allow the identity of the person placing the order and the reality of their address to be established with certainty, BBM équipement reserves the right not to accept the order.
Refusal of orders
BBM équipement also reserves the right to refuse an order if there is a prior payment dispute in progress or if the order is unusually large.
Deliveries
Address
Deliveries are made to the address given on the order form, which can only be within the agreed geographical area.
Risk
Risks are borne by the buyer from the moment the products leave the premises of BBM équipement.
Damage
In the event of damage during transport, a reasoned complaint must be made to the carrier within three days of delivery.
Delivery times
Delivery times are given for information only; if they exceed thirty days from the order, the sales contract may be terminated and the buyer refunded.
Customs
Customs duties may be applied to the user depending on the country. The amount of these duties varies from one country to another and cannot be determined in advance by BBM équipement. These duties are payable by the buyer and are to be paid on receipt of the package of Products.
Warranty
Product
All products sold on the site benefit from a commercial warranty provided for by articles 1641 et seq. of the French Civil Code, the duration of which is stated on the product page of the items concerned. The warranty covers parts and labour.
Non-conformity
In the event of non-conformity of a product sold, it may be returned to the seller, who will take it back, exchange it or refund it. This warranty does not apply to problems caused by negligence, deterioration or inappropriate use of the product by the buyer.
Claims
All claims and requests for exchange or refund must be sent by post to the following address: BBM équipement, claims department, 21 bis rue Saint Ladre, 57950 Montigny les Metz, within thirty days of delivery.
Liability
Seller
In the online sales process, the seller is bound only by an obligation of means.
Damage
The seller cannot be held liable for damage resulting from the use of the Internet, such as data loss, intrusion, viruses, service interruption or other unintentional problems.
Intellectual property
Website
All elements of the BBM équipement website are and remain the intellectual and exclusive property of BBM équipement.
Reproduction
No one is authorised to reproduce, exploit, redistribute or use in any capacity, even partially, elements of the site, whether software, visual or audio.
Links
Any simple or hypertext link is strictly prohibited without the express written consent of BBM équipement.
Personal data
Information
In accordance with the French law on information technology, data files and civil liberties of 6 January 1978, personal data relating to buyers may be subject to automated processing.
Collection
BBM équipement reserves the right to collect information about buyers, including by using cookies, and, if it wishes, to pass the information collected on to commercial partners.
Objection
Buyers may object to the disclosure of their contact details by notifying BBM équipement.
Right of access
Users have a right of access to and rectification of the data concerning them, in accordance with the law of 6 January 1978.
CNIL
The automated processing of information, including the management of the email addresses of the site’s users, was declared to the CNIL on 02/12/2012 and registered under number g610557046v
Archiving and proof
Archiving
BBM équipement will archive order forms and invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of article 1348 of the French Civil Code.
Proof
BBM équipement’s computerised records will be considered by the parties as proof of the communications, orders, payments and transactions that have taken place between them.
Dispute resolution
These online terms of sale are governed by French law. In the event of a dispute, jurisdiction is given to the courts of Metz, notwithstanding multiple defendants or third-party proceedings.
Entire agreement
These General Terms and Conditions of Sale consist of all the clauses that make them up. The fact that BBM équipement does not rely on any of the clauses hereof at a given time cannot be taken as a waiver of the right to rely on those same clauses later. If one of them is invalid, the other clauses remain valid.
Annexes
Article L211-4 Code de la consommation
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. The seller is also liable for lack of conformity resulting from the packaging, assembly instructions or installation where this was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.
Note: Ordinance 2005-136 of 17 February 2005, art. 5: The provisions of this ordinance apply to contracts concluded after its entry into force.
Article L211-5 Code de la consommation
To conform to the contract, the goods must:
Be fit for the purposes for which goods of the same type are normally used and, where applicable:
Correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model
Display the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, in particular in advertising or labelling
Or display the characteristics agreed by the parties or be fit for any special purpose sought by the buyer, made known to the seller and accepted by the latter.
Note: Ordinance 2005-136 of 17 February 2005, art. 5: The provisions of this ordinance apply to contracts concluded after its entry into force.
Article L211-12 Code de la consommation
Any action arising from lack of conformity is time-barred two years after delivery of the goods.
Note: Ordinance 2005-136 of 17 February 2005, art. 5: The provisions of this ordinance apply to contracts concluded after its entry into force.
Article 1641 Code civil
The seller is bound by a warranty against hidden defects in the thing sold that make it unfit for its intended use, or that so diminish that use that the buyer would not have bought it, or would have paid a lower price, had they known of them.
Article 1648, paragraph 1, Code civil
Any action arising from latent defects must be brought by the buyer within two years of discovering the defect.