Preamble

The online store on the Les Couteliers Basques website was established by the company Les Couteliers Basques, which operates this site.

Any order placed for a product featured on the Les Couteliers Basques online store implies prior acceptance of these terms and conditions.

Consequently, the consumer acknowledges being fully informed that their agreement to the content of these terms and conditions does not require the handwritten signature of this document, as the customer wishes to order the products presented on the website’s store section.

The consumer has the ability to save or print these terms and conditions, with the understanding that both the saving and printing of this document are their sole responsibility, as these terms may be subject to changes. In such cases, the applicable terms will be those in effect on the site at the time of the order.

Presentation of the essential characteristics of the goods offered;

Indication of the price of the goods in euros (including VAT), and, where applicable, delivery charges;

Indication of payment, delivery, or execution methods;

The existence of a right of withdrawal;

The validity period of the offer or price;

All this information is presented in French. The consumer declares having full legal capacity to enter into these terms and conditions.

Article 1: Completeness

These terms and conditions express the entire set of obligations between the parties. As such, the consumer is deemed to unconditionally accept all the provisions of these terms and conditions of sale. Les Couteliers Basques, for its part, undertakes to fulfill its role as a seller under these terms.

Article 2: Purpose

These terms and conditions aim to define the rights and obligations of the parties in the context of the online sale of goods offered by the company owning the Les Couteliers Basques site to the consumer.

Article 3: Contractual Documents

This contract is formed by the following contractual documents, presented in descending hierarchical order: The order form.

These terms and conditions.

In case of contradiction between provisions in documents of different ranks, the provisions of the higher-ranked document will prevail.

Article 4: Effectiveness - Duration

These terms and conditions come into effect on the date of signature of the order form.

These terms and conditions are concluded for the duration necessary to provide the goods and services subscribed to, until the expiration of any guarantees.

Article 5: Order Validation and Electronic Signature (Law of March 13, 2000 on Electronic Signatures)

Any order form signed by the consumer through "double click" constitutes irrevocable acceptance, which can only be contested in the cases specifically outlined in these terms and conditions as a "right of withdrawal."

The "double click" associated with the authentication procedure, non-repudiation, and protection of message integrity constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.

Article 6: Order Confirmation

Contractual information will be confirmed by email. Certain orders may require verification by our verification service. In such cases, you will be informed by email about the documents to submit in order to obtain final confirmation of your order. Les Couteliers Basques reserves the right to cancel the order if these documents are not received or are deemed non-compliant.

Any order paid by cheque will only be processed upon receipt of the payment method. Delivery and availability times will be recalculated from the date of receipt of the payment method.

Les Couteliers Basques recommends that the client retain a paper or digital copy of the data related to their order.

The client must verify the completeness and accuracy of the information provided to Les Couteliers Basques. The company cannot be held responsible for any input errors or the consequences in terms of delay or delivery errors. In such cases, any costs incurred for re-shipment will be at the client's expense.

Article 7: Proof of Transaction

Computerized records, stored in Les Couteliers Basques' systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties.

Order forms and invoices are archived on a reliable and durable medium, which can be produced as evidence.

Article 8: Product Information

8-a: It should be noted that Les Couteliers Basques' products are handcrafted. Imperfections, marks, or even scratches are not defects but part of the inherent nature of the materials used (wood, horn, ivory, mother-of-pearl, bone, etc.). Each knife is a unique piece, and while similar to others, it always has slight differences in color or material fiber.

8-b: The offers presented by the company Les Couteliers Basques are valid only while stocks last.

8-c: Les Couteliers Basques cannot be held liable for non-performance of the contract in case of force majeure, strikes (including postal services and transport), flooding, fire, etc. Les Couteliers Basques will not be responsible for any indirect damages, loss of business, loss of profit, or expenses that may arise from the purchase of products.

8-d: Hyperlinks may direct to other sites. Les Couteliers Basques disclaims any responsibility if the content of those sites violates legal and regulatory provisions.

8-e: Our products have professional-grade performance, even though Les Couteliers Basques is not primarily focused on selling to professionals. Les Couteliers Basques cannot be held liable for any damage resulting from a professional use of its products.

Article 9: Price

Prices are indicated in Euros and are applicable only on the date the consumer confirms the order.

They do not include delivery charges, which are billed separately and indicated before the final order validation. Prices include VAT applicable on the day of the order, and any change in the VAT rate will be automatically reflected in the prices of products on the site, as per the application decree.

Full payment must be made at the time of the order, unless specified otherwise on the site. At no time can the sums paid be considered as deposits or down payments.

Article 10: Payment Method

To pay for their order, the consumer may choose from the payment methods specified on the order form: credit card, PayPal, cheque, or bank transfer.

Orders placed outside of France must be paid by PayPal or bank transfer.

If paying by cheque, it must be issued by a bank in mainland France, DOM TOM, or Monaco. Any order paid by cheque will only be processed upon receipt of the payment method. Delivery and availability times will be recalculated from the date of receipt of the payment method.

Cheques are cashed upon order validation.

The consumer guarantees to Les Couteliers Basques that they have the necessary authorizations to use the payment method selected at the time of order validation.

Les Couteliers Basques reserves the right to suspend any order management and delivery in case of refusal of payment authorization by card from accredited organizations or in case of non-payment.

Les Couteliers Basques also reserves the right to refuse delivery or to honor an order from a consumer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.

The consumer is informed that Les Couteliers Basques cannot be held liable for any fraudulent use of a payment method that was not detected by the verification procedure.

Les Couteliers Basques retains full ownership of the products sold until full payment of all amounts due by the consumer under the order, including fees and taxes.

The transfer of ownership of a good purchased from Les Couteliers Basques by the consumer to a third party will not be covered by Les Couteliers Basques.

Article 11: Product Availability

The order will be shipped within 48 to 72 hours for in-stock products or within the manufacturing delay indicated at the time of order for out-of-stock items, generally within 3 to 4 weeks from the day the consumer’s order is finalized.

For engraving (on the blade or bolsters), a delay of 8 to 15 days will apply.

Article 12: Delivery Terms

Products are delivered to the address indicated by the consumer on the order form and only in mainland France, Monaco, and all of Europe. For other countries, please contact customer service.

The consumer is required to verify the condition of the packaging upon delivery and report any damage caused by the carrier on the receipt to be signed, as well as to Les Couteliers Basques, within three business days if the package is received in person or ten days if the buyer is unable to check its condition upon receiving the parcel delivered by Post.

The consumer will be notified by email about the imminent shipment of their order. In case of a delivery delay of more than three days from the date indicated in the shipping email, we suggest checking with your post office to see if the package is in transit, and if necessary, notifying us of the delay by phone or email. We will then contact the Post to initiate an investigation.

The buyer may terminate the contract immediately if the delivery date is a critical term of the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium. If, after requesting Les Couteliers Basques to fulfill the delivery or service within a reasonable additional time, they do not comply within this period, the buyer may also terminate the contract under the same conditions. The contract is considered terminated upon receipt by Les Couteliers Basques of the letter or written notice informing them of this termination, unless it has been fulfilled in the meantime.

The buyer will then have the choice of requesting either a refund of the sums paid, or an exchange for a product of equivalent characteristics and price, if Les Couteliers Basques is able to procure it.

If an exchange is impossible, Les Couteliers Basques reserves the right to cancel the client's order and refund the entire amount paid within 14 days.

Article 13: Delivery Issues Due to the Carrier

Any anomaly concerning delivery (damage, damaged package, broken products...) must be explicitly stated on the receipt to be signed in the form of "written reservations," along with the client's signature.

In case of delivery by La Poste, if the package arrives opened or damaged (notably with the yellow "La Poste" tape), the client must have the postman or the local Post office establish a "spoliation report" (report 170) so that Les Couteliers Basques can open an investigation and indemnification procedure within three business days if received in person, or ten days if the buyer has not had the opportunity to check the condition upon delivery by Post.

Les Couteliers Basques advises the consumer to confirm this anomaly in parallel by sending the carrier a registered letter with acknowledgment of receipt within three business days of delivery, or ten days if the buyer could not verify the package's condition upon receipt, detailing the claim.

The consumer must simultaneously send a copy of this letter (with the original "spoliation report" if applicable) by regular mail.

Article 14: Delivery Errors - Non-Conforming Products

14-a: The consumer must submit to Les Couteliers Basques any claim regarding delivery errors and/or non-conforming products in nature or quality compared to the details on the order form.

14-b: This claim can be made by contacting Les Couteliers Basques by postal mail, email, or phone.

14-c: Any claim not made according to the procedures outlined above will not be considered and will release Les Couteliers Basques from any responsibility towards the consumer.

14-d: Any product to be exchanged or refunded must be returned to Les Couteliers Basques within 14 business days of receipt, in its entirety (including accessories and sheath) and in its original packaging in perfect condition, via insured Colissimo with the market value of the returned products.

Shipping costs incurred by the consumer will be refunded by Les Couteliers Basques (upon receipt of proof and up to the cost of sending via insured Colissimo). Failure to follow the procedure above will result in no claims for non-compliance with the order or apparent defects in the delivered products being accepted.

Article 15: Right of Withdrawal

The buyer has a period of fourteen calendar days to return, at their expense, products they do not find suitable. This period starts the day after delivery of the consumer's order. Any return must be previously reported to Les Couteliers Basques. In all cases, the return is at the consumer's own risk.

Les Couteliers Basques recommends that the consumer return products via Colissimo with additional recommendation or insurance ensuring compensation for the products in case of loss or damage during shipping.

Les Couteliers Basques advises the consumer to over-package the original product packaging, as only the products returned in their entirety (including accessories, covers, etc.), in their original packaging, intact and in perfect resellable condition, will be accepted.

Any product that has been damaged, is incomplete, or whose original packaging has been deteriorated will neither be refunded nor exchanged.

In the event of exercising the right of withdrawal, Les Couteliers Basques will refund the buyer for all amounts paid, including shipping fees, without undue delay and no later than fourteen days from the date they were informed of the buyer's decision to withdraw and upon receipt of the product or proof of its shipment, with the date being that of the first of these events.

The buyer also has the option to request an exchange for an amount equivalent to the sums paid or a product of higher value with additional payment, with return shipping fees remaining at the consumer's expense.

Article 16: Product Warranty

The items presented on the website have been carefully selected to give the consumer a clear idea of what Les Couteliers Basques is capable of delivering. However, the photos are not contractual. The materials worked in the Les Couteliers Basques workshops are often natural, and it is not possible to guarantee that the wood, horn, mammoth or warthog ivory, mother-of-pearl, etc., will be exactly the same color as shown on the website. Each knife made by Les Couteliers Basques is unique. For any specific requests, please contact Les Couteliers Basques.

If a product is defective during the warranty period, the client is invited to contact Les Couteliers Basques for instructions on how to return the product. No return will be accepted without prior agreement confirmed by the issuance of a return number. This return authorization is valid for 8 business days. From the time of issuance, the defective product must be returned to Les Couteliers Basques in its original packaging, complete (with parchment, sheath, support, etc.), protected by outer packaging.

Article 17: Tax Exemption

In the case of shipping an order or product to a country other than France, we remind you that you remain the importer of the relevant products. All customs duties, local taxes, import duties, or state taxes that may be required will not be the responsibility of Les Couteliers Basques. It is your full responsibility to inquire with the local authorities and to bear the cost of declarations and corresponding payments to the competent authorities and organizations of the concerned country.

Les Couteliers Basques will not be held responsible for non-compliance with the legislation of the country to which the products are shipped by the consumer. It is the consumer's responsibility to verify with local authorities the importation possibilities of the products.

Article 18: Usage Rights

Les Couteliers Basques owns the texts and photos it edits and has exclusive rights to their use. If a consumer wishes, certain rights may be transferred upon written request.

Article 19: Force Majeure

Neither party will fail to meet its contractual obligations as long as their performance is delayed, hindered, or prevented by an unforeseen event or force majeure.

Force majeure will include any irresistible events or circumstances beyond the parties' control, unforeseeable, unavoidable, independent of the parties' will, and cannot be prevented by them despite reasonable efforts.

The affected party will notify the other party within ten business days of becoming aware of such circumstances.

Both parties will then meet within one month, unless impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the contract will continue.

If the force majeure lasts for more than three months, these terms and conditions may be terminated by the affected party.

Explicitly, force majeure or unforeseen events include, but are not limited to, those typically accepted by French jurisprudence:

The blocking of transport or supply means, earthquakes, fires, storms, floods, lightning;

Telecommunication network shutdowns or difficulties related to external telecommunication networks to the clients.

Article 20:

These terms and conditions are governed by French law. This applies to both substantive and procedural rules.

Dispute resolution system for consumer disputes:

In accordance with articles L611-1 and following, and R612-1 and following of the Consumer Code, for any dispute of a contractual nature regarding the execution of the sales contract that could not be resolved through a prior complaint submitted to the customer service of Les Couteliers Basques, the consumer can resort to mediation free of charge.

The consumer will contact the National Mediation Association (ANM) either by mail at 62, rue Tiquetonne 75002 PARIS or by email by filling out the online form at the following address: www.anm-conso.com

The consumer can also visit the European online dispute resolution platform.

https://ec.europa.eu/consumers/odr/main/?event=main.home.show=FR

The following website www.economie.gouv.fr/mediation-conso also contains all useful information in case of cross-border disputes.

Article 21: Data Privacy

In accordance with the French "Informatique et Libertés" law n°78-17 of January 6, 1978, you have the right to access and rectify any data concerning you. You can exercise this right by sending us a letter.