Terms of sale
Terms and conditions applicable from 13/12/2023
General terms and conditions of sale
ARTICLE 1 - DESIGNATION OF THE SELLER
These General Sales Conditions are concluded between BINI, SAS with capital of €9,445, registered in the Vannes Trade and Companies Register under number 891.851.826, with its head office at Pépinière d'entreprises Le Prisme, Place Albert Einstein, 56038 VANNES Cedex, and any person having made a purchase on the www.binikit.com site, hereinafter referred to as “the Customer”. Any purchase from the www.binikit.com website (hereinafter referred to as the “Site”) implies acceptance of all of these terms and conditions, which the Customer acknowledges having read prior to placing an order.
ARTICLE 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (HEREINAFTER “GTSC”)
2.1 Purpose of the GSC
The purpose of these GCS is to define the conditions under which the Customer may access the Site and order products sold by BINI, and to detail the rights and obligations of BINI and the Customer.
2.2 Scope of application of the GCS
The GCS govern the relationship between the Customer and BINI. Any Customer placing an order undertakes to comply unreservedly with these GSC.
2.3 Modification of the GCS
BINI reserves the right to modify its GCS at any time.
In the event of modification, the General Sales Conditions applicable are those in force on the date of the order.
ARTICLE 3 - PRICES
3.1 Sales prices
All sales prices presented on the Site are inclusive of all taxes, in accordance with article L.112-1 of the French Consumer Code. Each product price is indicated in euros. Sales prices do not include delivery and transport costs.
3.2 Modification of sales prices
BINI reserves the right to modify its prices without prior notice.
3.3 Fees
Additional charges such as delivery and transport costs are mentioned before the order is validated. They are indicated on the order form.
ARTICLE 4 - PRODUCTS
All products offered on the Site are subject to availability. The Customer is required not to resell the products ordered on the Site without the prior agreement of BINI. The products offered on the Site are only available to private individuals.
ARTICLE 5 - ORDERING
5.1 Ordering process
The Customer fills a virtual basket with the products he has selected. He checks the details of his order. The Customer clicks on the “PAY” button and adds the delivery and payment details. The Customer will then receive an email confirming receipt of the order by BINI.
5.2 Order validation
The order is validated once payment has been received in full by BINI.
5.3 Modification of an order
BINI reserves the right to accept or reject the modification of a Customer's order after it has been validated.
ARTICLE 6 - PAYMENT
6.1 Payment methods
Once the order has been validated, the Customer pays on the Site exclusively by credit card (CB, Visa or Mastercard), via the “Stripe” platform, operated by STRIPE PAYMENTS EUROPE, whose general terms and conditions of use are available at this link: https://stripe.com/fr-us/legal/consumer.
6.2 Secure payment
The https://www.binikit.com/ website is equipped with a secure online payment system. The Customer's bank details are encrypted and are not stored by BINI.
6.3 Verified payment
In the event of abusive practices or fraudulent appearance, BINI reserves the right to carry out checks on orders, and to request certain documents and information concerning the Customer in order to validate the order.
6.4 Taxes and customs duties
Any order placed on the site and delivered outside France may be subject to possible taxes and customs duties which are imposed when the package reaches its destination. These customs duties and any taxes associated with the delivery of an item are the responsibility of the Customer. BINI is not required to check and inform its Customers of the customs duties and taxes applicable. To find out, it is up to the Customer to contact the competent authorities in his country.
ARTICLE 7 - DELIVERY
7.1 Delivery charges
Delivery charges are explicitly specified on the Site. Delivery charges may vary according to the delivery address of the order.
7.2 Delivery time
BINI products are delivered in metropolitan France within 5 working days by Colis Privé and Colissimo to the home address or by Mondial Relay to a collection point.
The delivery time for an order includes its preparation, shipment and delivery to the delivery address indicated by the Customer.
7.3 Place of delivery
Products are delivered to the delivery address indicated by the Customer at the time of ordering. The Customer is responsible for the accuracy of the information relating to the name and address of the recipient specified when placing the order. They must include all information required for delivery under the normal conditions provided by the carrier.
7.4 Order conformity
The Customer undertakes to check that he has received a complete and compliant order at the time of delivery. In the event of delivery of damaged Articles, the Customer may refuse the parcel or notify the carrier of his justified protest by registered letter within three days (not including public holidays). This period is extended to 10 days if the carrier has not given the Customer the opportunity to check the condition of the Articles. The customer will inform the seller
ARTICLE 8 - RIGHT OF WITHDRAWAL
Upon receipt of the order, the Customer has the legal right to cancel the order within 14 days. The Customer who wishes to exercise his right of withdrawal must return the Articles within the aforementioned period, in their original packaging, complete and new.
The Customer must notify BINI of his intention to withdraw, by sending by e-mail or post the withdrawal form below copied and completed and specifying the number of his order.
MODEL CANCELLATION FORM :
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of : BINI, service client, Pépinière d'entreprises Le Prisme, Place Albert Einstein, 56038 VANNES Cedex, hello@binikit.com
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of :
Order number :
Ordered on :
Received on :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in case of notification of this form on paper) :
Date :
(*) Strike out what does not apply.
Returned products must be sent to the following address: CLIC LOGISTIC / BINI (BATIMENT 2)
809 PIECE DE LA FOIRE ZA LA VENERIE (BATIMENT 2)
37460 GENILLE
France
+33 1 88 32 64 51
Return shipping costs are at the customer's expense, except in the case of a defective product.
Reimbursement will be made as soon as possible after receipt of the returned products.
ARTICLE 9 - LEGAL WARRANTIES
9.1 Warranty of conformity
The Customer is entitled to the legal warranty of conformity pursuant to Articles L.217.3 to L217-7 of the French Consumer Code, reproduced below.
Article L217-3 of the French Consumer Code. :
“The seller delivers goods that conform to the contract and to the criteria set out in article L. 217-5.
He is liable for defects in conformity existing at the time of delivery of the good within the meaning of Article L. 216-1, which appear within two years of delivery. (...)
The seller is also liable, during the same period, for defects in conformity resulting from the packaging, assembly instructions or installation when the latter was made his responsibility by the contract or was carried out under his responsibility, or when incorrect installation, carried out by the consumer as provided for in the contract, is due to gaps or errors in the installation instructions supplied by the seller.
This warranty period applies without prejudice to articles 2224 et seq. of the French Civil Code. The starting point of the limitation period for the consumer's action is the day on which the consumer becomes aware of the lack of conformity.”
Article L217-4 of the Consumer Code. :
The property is in conformity with the contract if it meets, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and that the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.”
Article L217-5 of the Consumer Code. :
“I.-In addition to the criteria of conformity with the contract, the property is compliant if it meets the following criteria:
1° It is appropriate for the usual use of a good of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, sector-specific codes of conduct;
2° If applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model before the conclusion of the contract; (...)
4° If applicable, it is delivered with all accessories, including packaging and installation instructions that the consumer can legitimately expect; (...)
6° It corresponds to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer can legitimately expect from goods of the same type, in view of the nature of the goods and public statements made by the seller, any person upstream in the chain of transactions or a person acting on their behalf, including in advertising or labelling.
II. -However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if he demonstrates:
1° That he did not know them and was legitimately unable to know them;
2° That at the time of conclusion of the contract, the public declarations had been rectified under conditions comparable to the original declarations; or
3° That public statements could not have influenced the purchase decision.
III. -The consumer cannot contest conformity by pleading a defect in one or more particular characteristics of the good, which he has been specifically informed that deviate from the criteria of conformity set out in this article, the deviation to which he expressly and separately consented when concluding the contract.”
Article L217-6 of the Consumer Code:
When, in connection with the contract, personal data is processed by the trader, a breach of his obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law n° 78-17 of 6 January 1978 on computer science; files and freedoms, where the failure to comply with one or more of the compliance criteria set out in this Section results in non-compliance, is treated as a lack of conformity, without prejudice to other remedies provided for by those texts.
Article L217-7 of the Consumer Code:
Defects of conformity which appear within twenty-four months from the issue of the good, including the good with digital elements, are, unless otherwise proven, presumed to exist at the time of the issue, unless such presumption is inconsistent with the nature of the good or defect claimed. (...)
9.2 Warranty for hidden defects
In addition, the customer has the legal guarantee of hidden defects defined in articles 1641 to 1649 of the civil code reproduced below.
Article 1641 of the Civil Code:
"The seller is liable for warranty in respect of hidden defects in the thing sold which make it unsuitable for the purpose to which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given it at a lower price, had he known about them."
Article 1642 of the Civil Code:
“The seller is not liable for apparent defects which the buyer has been able to convince himself of.”
Article 1644 of the Civil Code:
“In the case of items 1641 and 1643, the buyer has the choice to return the thing and have the price returned or to keep the thing and have a part of the price returned.”
Article 1645 of the Civil Code:
“If the seller knew of the defects in the thing, he shall be liable, in addition to the restitution of the price received by him, for all damages and interest towards the buyer.”
Article 1646 of the Civil Code:
“If the seller was unaware of the defects, he shall be bound only to return the price and reimburse the buyer for the costs incurred in the sale.”
Article 1648 of the Civil Code:
The action resulting from the defects must be brought by the purchaser within two years of the discovery of the defect.
In the case provided for in section 1642-1, the action must be brought, on pain of foreclosure, within one year from the date on which the seller can be released from apparent defects or lack of conformity.”
Article 2232 of the Civil Code:
“The postponement of the commencement of the limitation period, or the suspension or interruption thereof, shall not have the effect of extending the period of extinguishing the limitation beyond twenty years from the day on which the right was created.”
ARTICLE 10 – INTELLECTUAL PROPERTY
The BINI brand, as well as all figurative or not and more generally all other brands, illustrations and images appearing on products sold, their accessories and packaging, whether they are registered or unregistered, are and will remain the exclusive property of BINI. Any total or partial reproduction, modification or use for any reason and on any medium whatsoever, without the express prior consent of BINI, is strictly prohibited. The same applies to all copyrights, designs, models and patents that are owned by BINI.
ARTICLE 11 – PERSONAL DATA
The information requested from the Customer is necessary for processing the Order.
If the Customer agrees to communicate individual personal data, he has an individual right of access, withdrawal and rectification of these data under the conditions provided for by law n° 78-17 of 6 January 1978 relating to information technology, to files and freedoms. The Customer must send any written request to the following address: hello@binikit.com.
The Customer has the possibility to register free of charge on the BLOCTEL telephone solicitation opposition list (www.bloctel.gouv.fr) in order to no longer be called by a professional with whom he does not have an ongoing contractual relationship, in accordance with the French Consumer Law n°2014-344 of 17 March 2014. All consumers have the opportunity to register for free on this list at https://www.bloctel.gouv.fr/.
ARTICLE 12 – APPLICABLE LAW
These general terms and conditions of sale are subject to French law.
ARTICLE 13 – LITIGATION
For any complaint that the Customer would have to make, he should contact BINI customer service at the following address: BINI, customer service, Pépinière d'entreprises Le Prisme, Place Albert Einstein, 56038 VANNES Cedex.
In the event of a dispute between BINI and the Client, these will endeavour to find an amicable solution.
In the absence of an amicable agreement, the Customer has the possibility to contact free of charge the mediator of the consumer of BINI, namely AME CONSO, within a period of one year from the written complaint addressed to BINI.
The referral to the consumer ombudsman must be made:
- either by filling in the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com ;
- or by letter addressed to AME CONSO, 197 Boulevard Saint-Germain, 75007 Paris.
In the absence of an agreement between the Parties, any legal action will be brought before the competent courts.
