GENERAL CONDITIONS FOR DISTANCE SELLING: ON THE INTERNET, BY TELEPHONE OR BY EMAIL
BACCARAT, a French public limited company with share capital of €20,767,825, registered in the Trade and Companies Register of Nancy under number 760 800 060, having its registered office at 20, rue des Cristalleries - BP 31, Baccarat (54120) – FRANCE and its commercial headquarters at 11, Place des Etats-Unis, Paris (75116), telephone number +33 (0)188.8.131.52.00, fax number +33 (0)184.108.40.206.93, intra-community VAT number FR 86760800060 and email address firstname.lastname@example.org, (hereinafter referred to as “Baccarat”) has decided to formally set out in these General Conditions of Sale the terms and conditions for the sale of its Products to its Customers via its on-line store accessible from the British version of the baccarat.com/en_gb website (hereinafter the “Website”). These General Conditions of Sale also apply to sales made by Baccarat to end-consumers where distance selling takes place (i) by telephone via the Customer Service department of a store operated by Baccarat or (ii) by email via Baccarat’s Customer Service department.
Baccarat manufactures and markets very high quality Products, particularly of crystal, all over the world. These are sold under the “BACCARAT” trade marks.
It is recognized in this field for its specific traditional, craftsmanship skills and know-how.
In particular, Baccarat markets the above-mentioned Products through the baccarat.com/en_gb Website.
A list of the Products offered for On-line Sale by Baccarat may be viewed on this Website.
The Customer and Baccarat agree that their relationship shall be governed exclusively by these General Conditions of Sale, to the exclusion of any other conditions previously available on Baccarat's Website.
These General Conditions of Sale may be recorded electronically for storage purposes and/or be reproduced as a printed version by the Customer.
Baccarat reserves the right to amend these General Conditions of Sale at any time by publishing a new version on the Website. The applicable General Conditions of Sale are those in force on the date when the Order is confirmed.
Further, the General Conditions of Use of the Website and the Personal Data Protection Policy for Website users can be viewed by clicking on the following link.
Article 1. - Definitions
When they start with a capital letter, the terms and expressions referred to below have the following meanings for the purposes of interpretation and performance of these General Conditions of Sale:
“Delivery”: dispatch of the Item to the Customer;
“Delivery Costs”: the amount of costs incurred by Baccarat in packaging and shipping the Order to the Delivery address indicated by the Customer;
“Delivery Method”: means any standard or express delivery method available on the Website at the time of the Order;
“Delivery Period”: period between the date of the Order Confirmation and the date of Delivery of the Order to the Customer;
“E-mail Sale”: marketing of the Products by email via Baccarat’s Customer Service department.
“General Conditions of Sale”: the General Conditions of Sale contained in this document;
“Item”: the Product or Products to which the Order relates;
“On-line Sale”: marketing of Baccarat’s Products via the Website;
“Order”: request for Products placed with Baccarat by the Customer;
“Order Confirmation”: has the meaning ascribed to it in Article 5;
“Pre-order”: means products offered for sale by way of preview, deliverable as of a future date indicated for each product;
“Price”: the unit value of a Product; this value is expressed in euros inclusive of tax and excluding Delivery Costs;
“Price Sub-Total”: the total amount of the cumulative Prices of the Products included in the Order, excluding Delivery Costs; this amount is expressed in euros inclusive of tax;
“Product”: any product offered for sale on the Website; Chandeliers and products which can be customized cannot be ordered directly on-line and do not constitute Products as defined by these General Conditions of Sale;
“Telephone Sale”: marketing of the Products by telephone via the Customer Service department of a “Baccarat” store operated by Baccarat;
“Territory”: has the meaning ascribed to it in Article 3;
“Total Price”: the Total Price to which the price of the Delivery Costs is added; this amount is expressed in euros inclusive of tax;
“Website”: On-line Sales website of baccarat.com/en_gb used by Baccarat to market its Products.
All references to the singular shall include the plural and vice versa. All references to one gender shall include the other gender.
Article 2. - Purpose
The purpose of these General Conditions of Sale is to define the rights and obligations of Baccarat and of the Customer in relation to the On-line Sale of Products offered for sale to the Customer by Baccarat.
Article 3. - Scope
These General Conditions of Sale are reserved solely for consumers, as defined by law and legal precedent, acting exclusively on their own account.
In accordance with Articles L. 111-1 et seq. of the French Consumer Code, the essential features and prices of the Products sold electronically are available on the Website.
Further, the Customer is given the information provided for in Articles L. 221-8 and L. 221-11 of the French Consumer Code, prior to and subsequent to completion of the sale and in particular through these General Conditions of Sale.
These General Conditions of Sale shall apply to all sales of Products by Baccarat taking place (i) through the Website or (ii) by Telephone (iii) by email.
The Customer confirms that they have read these General Conditions of Sale prior to the Order Confirmation as defined by Article 5. The Order Confirmation therefore constitutes full and unconditional acceptance of these General Conditions of Sale.
These General Conditions of Sale are applicable to orders placed for delivery within Great Britain (the “Territory”).
Article 4. - Effective Date and Term
These General Conditions of Sale shall apply to the Customer and to Baccarat from the date of the Order Confirmation as defined in Article 5.
These General Conditions of Sale shall apply throughout the time required for the Products to be supplied, until expiry of the warranties and obligations for which Baccarat is liable.
Article 5. - Ordering Products and Services and Steps in Completion of On-line and Telephone Sales
5.1. On the Website:
In order to place an Order, the Customer is required to follow the steps below:
1. Type the Website address or access the Website via a link;
3. Follow the instructions on the Website and in particular the instructions required to open a customer account;
4. Complete the Order form. In the event of a lengthy period of inactivity during the session, the selection of Products chosen by the Customer prior to such inactivity may no longer be guaranteed. In this case, the Customer is invited to go back to the beginning and select their Products again;
5. Check the details of the Order and, where applicable, identify and correct any errors;
6. Read and print Baccarat’s General Conditions of Sale, then confirm the Order, the Price Sub-Total and the Total Price and tick the box located opposite the wording [ORDER WITH PAYMENT OBLIGATION]: I confirm that I have read the General Conditions of Sale and accept them fully and unconditionally” (the “Order Confirmation”);
7. Follow the instructions provided by the on-line payment server to pay the Total Price.
Unless the server is unavailable, the Customer may pay for their Order after final confirmation of the Order has been provided on the Website.
The Customer will also immediately receive an acknowledgement of receipt sent electronically which constitutes confirmation of the Order (the “Order Confirmation”). Data relating to Orders will be hosted, recorded and stored in the computer systems of the company salesforce.com France SAS, having its registered office at:
5 salesforce.com France SAS, registered in the Trade and Companies Register under number 486993226.
Telephone number: +44 1753 422153.
Correspondence address: salesforce.com France SAS: 3 avenue Octave Gréard, 75007 Paris, France.
The information records of salesforce.com France SAS shall be deemed to constitute evidence of all transactions taking place between the Customer and Baccarat on the Website. The data relating to Orders are archived on a reliable, durable medium which can be produced as evidence.
The Customer will receive electronic confirmation that the Order has been dispatched.
The invoice will be mailed separately.
5.2. By Telephone or by e-mail via the Customer Service Department of a store operated by Baccarat:
To place an Order by telephone or by email via the Customer Service Department of a Baccarat store, the Customer will be asked to give details of their identity, a delivery and invoicing address, an email address for confirmation of the Order and payment, and a mobile telephone number for the delivery to be tracked.
The Customer shall also provide the Customer Service Department with the following information: the name and/or reference number of the product requested, the quantity required and, where applicable, the colour, size, material, finish and any other identification information required by Baccarat.
The Customer Service Department will indicate whether the requested product is available and, if it is, the purchase price of the product, the estimated delivery date and any delivery costs.
If the Customer chooses to proceed with the Order, the Customer Service Department will send them an email including a summarized quote for their Order together with the General Conditions of Sale. To confirm their Order and proceed to payment, the Customer shall send an email back to Baccarat expressly stating that they accept the quote issued by Baccarat and the General Conditions of Sale. Baccarat's Customer Service Department will then make contact with the Customer by telephone or by email, to enable payment to be made remotely via a secure payment platform which can be accessed using a “pay by link” link to be sent to the Customer by email.
The payment methods accepted for orders placed by telephone or by email are set out in Article 7 “Payment Conditions” of these General Conditions of Sale.
5.3. Common provisions:
All Orders placed on the Website, by telephone or by email are intended exclusively for the Customer’s personal use. The Customer or the intended recipient of the Products is prohibited from reselling all or part of the Products ordered.
Delivery will be made to the delivery address given by the Customer at the time of the Order.
When completing the various steps in the Order referred to above, the Customer undertakes to comply with these General Conditions of Sale.
In accordance with Article L. 121-11 of the French Consumer Code, Baccarat reserves the right to refuse the Order for any legitimate reason.
Article 6. - Price of the Products and Conditions for Validity
The Price of the Products sold on the Website, by Telephone or by email is indicated respectively by item and reference, typographical errors excepted. These Prices take account of the VAT (Value Added Tax/Sales Tax) applicable on the date of the Order but do not include the delivery costs which will be invoiced in addition and will be indicated to the Customer when the Order is confirmed.
At the time of payment, the price payable is the Total Price.
Offers of Products and Prices remain valid while they are featured on the Website, and to the extent that stocks are available.
For these purposes, information regarding Product availability is provided to the Customer when their Order is placed. There may be errors or amendments in exceptional cases, notably should several customers simultaneously place Orders for the same Item. In the event that an Item is unavailable after the Customer has placed an Order, Baccarat will notify the Customer by email as soon as possible, suggesting that the Customer either orders another Item shown on the Website in its place or cancels the Order. If the Customer decides to cancel their Order, a refund will be made no later than thirty days from payment if the Customer’s bank account has been debited.
Baccarat reserves the right to change the Products and prices of the Products offered on the Website at any time without notice, it being specified that the Products offered for sale and the corresponding prices shall be those in force at the time of the Order and as accepted by the Customer when they confirm the Order.
The Customer is informed that for technical reasons, the photographs and illustrations of the Products appearing on the Website may not entirely reflect the Product’s actual appearance (colour, size, reflection, etc.). The Customer is invited to refer to the description of each Product to find out about its features.
The Customer shall remain exclusively liable for the telecommunication costs incurred in accessing the Website.
The validity period for product and Price offers is determined by the updates made to the Website.
Article 7. - Payment Conditions
7.1. Payment for Orders:
7.1.1. On the Website: any Order placed on the Website shall be paid for by the Customer after they have confirmed the Order and accepted these General Conditions of Sale by clicking on the button “Valider la Commande” [“Confirm Order”]. The Customer’s bank account will be debited on the date when the Order is dispatched.
7.1.2. By Telephone or by e-mail via the Customer Service Department of a store operated by Baccarat: any Order placed by Telephone or by email shall be paid for by the Customer immediately following confirmation of the Order. To confirm their Order and proceed to payment, the Customer shall send an email back to Baccarat expressly stating that they accept the quote issued by Baccarat and the General Conditions of Sale. Baccarat’s Customer Service Department will then make contact with the Customer by telephone or by email, to enable payment to be made remotely via a secure payment platform.
7.1. Payment methods:
Orders may only be paid for in euros, using the following payment methods exclusively:
7.2.1. Payment by bank card: the Customer shall pay the Total Price using one of the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS, UNION PAY, JCB, ALIPAY and WECHATPAY.
The transaction is debited from the Customer’s bank card at the time of dispatch and following verification of the relevant data, upon receipt of the debit authorization from the issuer of the bank card used by the Customer.
Transactions for pre-ordered items will be debited prior to dispatch if they are dispatched more than 6 days after the pre-order. This 6-day period is linked to the validity period of the authorization by the issuer of the Customer's bank card.
By providing the information relating to their bank card, the Customer authorizes Baccarat to debit their bank card for the amount corresponding to the Total Price.
The Customer therefore authorizes their bank in advance to debit their account upon sight of the records or statements transmitted via the payment module, even in the absence of invoices hand-signed by the bank card holder. Products ordered shall remain the property of Baccarat until the price has been received in full by Baccarat.
For these purposes, the Customer confirms that they are the holder of the bank card to be debited and that the name appearing on the bank card is their name. The Customer should give the sixteen digits and the expiry date of their bank card and where applicable the numbers in the card security code.
Where the Total Price cannot be debited, the Customer will be invited to start the payment process again. If it is confirmed that the Total Price cannot be debited, the On-line Sale, Telephone Sale or Sale by email shall be terminated immediately by operation of law and the Order shall be cancelled.
Baccarat shall implement all measures to ensure the confidentiality and security of the data transmitted on the Website.
In relation to Internet payments, and with a view to combating Internet fraud, an on-line check will be made at the banking establishments and organizations with jurisdiction. Baccarat confirms that it does not collect or store the Customer’s bank card details.
Baccarat has implemented the 3D Secure secured payment mechanism allowing its customers’ transactions to be authenticated. 3D Secure is a programme created by the international issuers Visa (Verified by Visa) and Mastercard (Mastercard Secure Code) to enhance the security of on-line payments. At the time of the payment by bank card, you will be required to authenticate your identify by entering certain personal information or a single-use code sent to you by your bank.
The information relating to payments is subject to automated data processing separate from that undertaken by Baccarat. The purpose of this automated data processing is to define a level of analysis for a transaction and to combat bank card fraud. This is undertaken by a specialist processor to whom these data are sent in order to validate your payment and combat fraud. This transfer of data outside the EU is governed by the Standard Contractual Clauses of the European Commission in order to guarantee you an adequate level of protection.
If an amount goes unpaid as a result of fraudulent use of a bank card, the details relating to the Order associated with the unpaid amount will be entered in a payment incident file opened by a third party. An unlawful declaration or anomaly may also be subject to specific processing.
7.2.2. Payment by Paypal: where payment is made via PayPal, the total amount of the Order is debited when the Order is placed.
If the customer has chosen the "4 interest-free payments" option on the PayPal platform, the order amount will be debited in four instalments free of charge. This option is offered at PayPal's discretion for purchases between €30 and €2000.
7.2.3. Payment by bank transfer: where the Customer chooses to pay by bank transfer, Baccarat will send the Customer a summarized quote of their Order together with Baccarat's bank details by email. In order to confirm their Order and proceed to payment, the Customer shall order a transfer for the corresponding amount referring to the number of the quote being paid, and send Baccarat evidence of the executed transfer order constituting acceptance of the quote and of the General Conditions of Sale. Baccarat can only accept the Customer’s Order after verification and receipt of the transfer. This confirmation will allow the Order to be dispatched.
7.3. Ownership of the Items:
In any event, Products ordered on the Website, by Telephone or by email shall continue to be owned by Baccarat until Baccarat has received payment of their price in full.
Article 8. - Delivery of Orders
8.1. Delivery Method:
The Customer shall choose one of the Delivery Methods offered on the Website when they place the Order, depending on the Product(s) ordered.
Products may be delivered by La Poste, Chronopost, UPS or by carrier.
8.2. Delivery Address:
The Customer shall choose a Delivery Address which must be located in the Territory, failing which the Order may be refused. The Customer shall be solely liable where a Delivery fails due a lack of details provided at the time of the Order.
8.3. Amount of Delivery Costs:
The amount of the Delivery Costs depends on the amount and nature of the Order and on the delivery method chosen by the Customer. In any event, the Customer will be informed of the total Delivery Costs prior to Order Confirmation.
The Delivery Costs are calculated on the basis of the Products ordered and the Delivery Method you choose:
Type of Product
Standard 7 Days
Less than €500
€501 - €1000
€1001 - €1500
More than €1500
8.4. Delivery Periods:
Subject to availability of the Products chosen, the Delivery Method referred to above shall be indicated to the Customer at all stages in the process of confirmation of and payment for the Order. The Delivery Period corresponds to the Delivery Method chosen by the Customer.
The Delivery Periods run from the date of Baccarat’s Order Confirmation and correspond to the average periods for preparing and shipping the Order in the Territory. These are a maximum of 7 working days from Order Confirmation prior to 10 a.m. for standard delivery (excluding weekends and bank holidays).
The delivery period for pre-ordered Products runs from the date of dispatch indicated on the Product page.
8.5. Late delivery:
Baccarat shall be deemed to have complied with the Delivery Periods where the Order is presented for the first time at the address indicated by the Customer within the Delivery Periods notified to them.
In the event of late Delivery the Order will not be cancelled automatically.
After the end of the Delivery Period associated with the delivery method chosen by the Customer, Baccarat will notify the Customer by email that a late Delivery will be made. The Customer may then decide to cancel the Order and should send notice of cancellation of the Order to the following address by email email@example.com.
Where the Order has yet to be dispatched when Baccarat receives the Customer's notice of cancellation, the Delivery shall be stopped and the Customer shall be refunded for any sum debited promptly and no later than 14 (fourteen) days following the date when the Customer informed Baccarat that they wanted to cancel the Order due to the announced delay.
Where the Order has already been dispatched when Baccarat receives the Customer’s notice of cancellation, the Customer can still cancel the Order by refusing the parcel when it is presented by the carrier or by returning it promptly to Baccarat by CHRONOPOST, unopened and in its original packaging. Baccarat will then refund the sums debited and the return costs incurred by the Customer (evidence must be sent to the Customer Service Department) within a period of 14 (fourteen) days following receipt of the duly returned refused parcel, complete and in its original condition.
8.6. Delivery Tracking:
The Customer may track progress of the processing of the Order in the area of the Website allocated for this purpose, in the section “my account - my orders”.
8.7. Checking the Order upon arrival:
So far as possible, the Customer is required to check the condition of the packaging and the Items upon Delivery.
The Customer may indicate any reservations and complaints he/she considers necessary, or refuse the parcel, notably where the parcel is clearly damaged at the time of Delivery and before it has been opened (such as, for example, if you can hear the noise of a breakage inside). The detailed reservations and complaints should be explained to the delivery driver and also sent to the carrier within ten working days, excluding bank holidays, following the date of Delivery of the Products. In all cases, it is important to state the reasons clearly, given that making a reservation such as “subject to opening of the parcel” is of no value but a reservation such as “significant damage to parcel, dented on the top left, taped” is an acceptable reservation.
The Customer may also send a copy of this letter to Baccarat.
Article 9. - Right of withdrawal and exchange
9.1. Returns and refunds
Baccarat wishes to offer its Customers, or the recipient of a gift, the option of returning the Items delivered in accordance with the General Conditions of Sale set out below.
9.1.1. Procedures: in accordance with Articles L. 221-18 and L. 221-20 of the French Consumer Code. The Customer has a period of 14 days to exercise their right of withdrawal following the date of receipt of their parcel without being required to give reasons or pay any penalties, in order to obtain a refund, on condition that the Products are returned in their original packaging and in immaculate condition within 14 (fourteen days) following notification to Baccarat of the Customer's decision to withdraw.
The Customer may return one or all of the Items in their internet Order by post.
Baccarat does not offer the option of returning Products from an Order placed on the baccarat.com/en_gb Website to a physical store.
Baccarat does not offer the option of returning Items purchased at a Baccarat store via the baccarat.com/en_gb Website.
The complete Items must be returned (padding materials, instructions, etc.) in their original condition and packaging. Items returned which are incomplete, damaged or soiled will not be refunded and will be returned to the sender by post.
Shipping costs for the returned parcel shall be paid by the Customer.
Delivery costs paid when the Order was placed on the Website will only be refunded if the Order is returned in its entirety.
9.1.2. Steps to be followed: the right of withdrawal may be exercised by using the withdrawal form available by clicking on this link, in which case an acknowledgement of receipt will immediately be sent to the Customer by Baccarat on a durable medium. A withdrawal form will also be included in the package.
The Customer should complete the withdrawal form and prepare the items to be returned by placing them in the original box.
The Customer should send their parcel using the approved carrier of their choice to the following address:
Centre de retour e-commerce Baccarat
20 Rue des Cristalleries
54120 BACCARAT, France
Once the parcel has been received by Baccarat, the Customer will be refunded directly using the payment method used to make the purchase (bank account or Paypal account).
9.1.3. Restriction on the right of withdrawal: in accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in relation to orders for products which have been customized at the Customer’s request, or in relation to products which are rendered incomplete, modified, spoiled, damaged and/or soiled by the Customer.
Baccarat wishes to offer its Customers, or the recipient of a gift, the option of exchanging the Items delivered in accordance with the General Conditions of Sale set out below.
The Customer may exchange an Order placed on-line by returning it to the Baccarat sender by post, or by taking it to a Baccarat store.
Products cannot be exchanged in store where they are faulty or broken during delivery. The Customer should contact our Customer Service Department at the address firstname.lastname@example.org, who will provide the Customer with an individual service in response to their request.
9.2.1. Exchange by mail:
Procedures: the Customer has 30 days following the date of receipt of their parcel to request an exchange [from the date of receipt of your parcel].
The Customer may exchange one or all of the Items in their internet Order.
Baccarat does not offer the option of exchanging Items purchased at a Baccarat store on the baccarat.com/en_gb website.
The complete Items must be returned (padding materials, instructions, etc.) in their original condition and packaging. Items returned which are incomplete, damaged or soiled will not be exchanged and will be returned to the sender by mail.
The Item may be exchanged for an Item or Items having a value equal to or higher than the initial purchase.
Shipping costs of the returned parcel shall be paid by the Customer.
The standard Delivery costs of the new Order shall be paid by Baccarat.
Items must be returned to the following address:
Centre de retour e-commerce Baccarat
20 Rue des Cristalleries
54120 BACCARAT, France
Steps to be followed: the Customer may exchange one or all of the Items in their internet Order by using the exchange form available by clicking on this link. An exchange form will also be included in the package. If the value of the Product(s) exchanged is greater than the value of the initial Product(s), the Customer may pay the difference by bank transfer. Where a bank transfer is made, the Customer should contact our Customer Service Department at the address: email@example.com.
The Customer should prepare the parcel by placing the Item(s) to be returned in the original box.
The Customer should send their parcel using the approved carrier of their choice.
Once the parcel is received by Baccarat, a new Order containing the requested Items will be sent to the Customer at the address shown in the exchange form.
9.2.2. Exchange in store:
Procedures: the Customer may exchange one or all of the Items in their internet Order at a Baccarat store.
The Customer, or the recipient of a gift, may go to one of the Baccarat stores listed below and ask to exchange the Items delivered, providing a copy of the invoice published or the packing list.
Refunds cannot be issued in store. If the Item is exchanged for a model having a lower price, the store will issue a credit note valid exclusively in Baccarat stores for a period of 12 months.
List of Baccarat stores in France:
2, rue des Cristalleries 54120 – BACCARAT
5, cours de l'Intendance 33000 – BORDEAUX
1-3, rue de la Bourse 59000 – LILLE
2, rue des Dominicains 54000 – NANCY
79 Rue du Faubourg Saint-Honoré 75008 – PARIS
11, place des Etats-Unis 75116 – PARIS
44, rue des Hallebardes 67000 – STRASBOURG
Article 10. – Complaints – Information – Applicable Law – Disputes
These General Conditions of Sale and the resulting transactions shall be governed by French law.
They are drafted in French and in the event that they are translated, only the French version shall be relied on in the event of a dispute.
For any information, complaints or questions relating to these General Conditions of Sale issued by Baccarat or to the Items themselves, the Customer should contact Baccarat's Customer Service Department by mail (63 rue Edouard Vaillant 92300 Levallois Perret - France), by email at firstname.lastname@example.org or by telephone: 0203 318 6087 quoting the reference and date of the Order where applicable.
Any disputes which may arise as a result of purchase and sale transactions entered into in accordance with these General Conditions for On-line Sales, relating either to their validity, interpretation, performance, termination, consequences or subsequent effects and which Baccarat and the Customer have been unable to resolve shall be referred to the courts with jurisdiction in accordance with French ordinary law.
The Customer is hereby informed that they may in any event have recourse to contractual mediation, or to any other alternative dispute resolution procedure.
In accordance with the provisions of Article L. 612-1 of the French Consumer Code, any consumer-related disagreement or dispute, subject to Article L. 612-2 of the French Consumer Code, may be dealt with by way of amicable settlement through mediation at CMAP (Centre de Médiation et d’Arbitrage de Paris).
To refer a dispute to the mediator, the Customer may (i) complete the form on CMAP's website: www.cmap.fr, under the tab “you are: a consumer”, (ii) send their request by ordinary or tracked mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, France or (iii) send an email to email@example.com. Whichever method is used to refer the case to CMAP, your request must contain the following details to enable it to be processed swiftly: your postal, email and telephone contact details and Baccarat's full name and address, a brief summary of the facts, and evidence of the prior steps taken vis-à-vis Baccarat.
The Customer may also use the on-line dispute resolution service offered by the European Commission in accordance with Article 14 of Regulation (EU) No 524/2013. This platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. Recourse to mediation is an alternative mechanism which does not constitute a condition precedent for legal proceedings to be brought.
Article 11. - Warranties
11.1. Statutory warranties:
All products supplied by the seller are subject to the statutory warranty conditions set out in Articles L. 217-4 to L. 217-14 of the French Consumer Code and in Articles 1641 to 1648 of the French Civil Code to the exclusion of all other warranties:
11.1.1. Statutory warranty as to conformity: the French Consumer Code provides as follows regarding the statutory warranty as to conformity:
Article L. 217-4 of the French Consumer Code:
“The seller shall deliver goods which conform to the contract and shall be liable for any lack of conformity which exists upon delivery. The seller is also liable for any lack of conformity caused by the packaging, the assembly instructions or installation if it assumed responsibility for this under the contract or arranged for this to be produced under its responsibility.”
Article L. 217-5 of the French Consumer Code:
“The goods conform to the contract:
1) If they are suitable for the purpose usually associated with such goods and, if applicable:
- if they correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
- if they have the features that a buyer might reasonably expect them to have considering the public statements made by the seller, the producer or its representative, including in advertising or labelling;
2) Or if they have the features defined by mutual agreement between the parties or are suitable for any special use required by the buyer which was made known to the seller and which the seller agreed to.”
Article L. 217-12 of the French Consumer Code:
“Any action resulting from lack of conformity shall be time-barred two years after delivery of the goods.”
11.1.2. Statutory warranty against hidden defects: the French Civil Code provides as follows in terms of the warranty against hidden defects:
Article 1641 of the French Civil Code:
“The seller is bound by a warranty on account of the hidden defects of the thing sold which render it unfit for the use for which it was intended, or which so impair such use that the buyer would not have acquired it, or would only have given a lesser price for it, had they been aware of them.”
Article 1648 of the French Civil Code:
“An action resulting from latent defects giving rise to a claim for rescission must be brought by the buyer within a period of two years following discovery of the defect. In the case provided for by Article 1642-1, the action must be commenced in the year following the date on which the seller can be released in respect of patent defects or lack of conformity, failing which it shall lapse.”
Overview of the regulatory procedures for claims made under the statutory warranties:
Claims made under the statutory warranty as to conformity:
The consumer has a period of two years from delivery of the goods to make a claim under the statutory warranty as to conformity in the event that a lack of conformity becomes apparent. During this period, the consumer is only required to establish the existence of the lack of conformity, not the date when it became apparent.
The statutory warranty as to conformity entitles the consumer to have the goods repaired or replaced within a period of thirty days following their request, at no expense and without being significantly inconvenienced.
If the goods are repaired under the statutory warranty as to conformity, the consumer shall benefit from a six-month extension to the initial warranty.
If the consumer asks for the goods to be repaired, but the seller insists on replacement, the statutory warranty as to conformity shall be renewed for a period of two years from the date on which the goods were replaced.
The consumer may obtain a reduction in the purchase price by keeping the goods or may terminate the contract, seeking a full refund against a return of the goods, if:
1- the trader refuses to repair or replace the goods;
2- repair or replacement of the goods takes place after a period of thirty days;
3- repair or replacement of the goods causes significant inconvenience to the consumer, notably when the consumer is conclusively liable for the costs of return or collection of the non-conforming goods, or if the consumer bears the costs of installation of the repaired goods or of replacement;
4- the non-conformity of the goods persists notwithstanding the seller's unsuccessful attempt to achieve conformity.
The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the defect in conformity is so serious that it justifies an immediate price reduction or the immediate termination of the contract. In these circumstances the consumer is not required to request repair or replacement of the goods in advance.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period of immobilisation of the goods to enable them to be repaired or replaced suspends the outstanding warranty until delivery of the repaired/replacement goods.
The rights referred to above result from application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
Any seller who seeks in bad faith to prevent a claim being made under the statutory warranty as to conformity shall be liable for a civil fine for a maximum amount of 300,000 euros, which may extend to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code).
Claims made under the statutory warranty against hidden defects:
The consumer also benefits from the statutory warranty against hidden defects in accordance with Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are kept or to a full refund against a return of the goods.
Consequently, in the event that a claim is made under the statutory warranty as to conformity as set out above, the Customer may choose between repair and replacement of the product in question unless one of these options is not possible or would cause Baccarat to incur a manifestly disproportionate cost, in which case Baccarat may choose the other solution. Further, in the event of a serious lack of conformity, the Customer may seek a refund of the price paid and return the product or keep the product and seek a partial refund of the price. Repair, replacement or refund of the product shall take place at no cost to the Customer and shall not prevent potential damages being awarded in the event that the Customer is entitled to them.
Similarly, where a claim is made under the statutory warranty against hidden defects, the Customer may choose to return the product and seek a refund of the price and the costs incurred by the sale, or to keep the product and seek a partial refund of the price. In any event, the Customer shall be responsible for proving that the warranty conditions are met.
For any questions relating to the statutory warranties, the Customer should contact Baccarat’s Customer Service Department through the “Contact us” section, or telephone Baccarat’s Customer Service Department on 0203 318 6087 (no call surcharge) or send an email to firstname.lastname@example.org, from Monday to Friday from 10 a.m. to 6 p.m.
Other than in the particular circumstances where the above statutory warranties apply, Baccarat offers its Customers and recipients of Baccarat gifts a paid repair service.
To benefit from this service and find out about the practical arrangements for using it, the Customer or the recipient of a Baccarat gift may contact the Customer Service Department by calling the following number: 0203 318 6087, or ask at one of the stores referred to above.
Article 12. - Intellectual property
All elements of the Website (text, images, drawings, models, logos, visuals, animations, videos, etc.) shall remain the exclusive property of Baccarat. The full or partial reproduction, exploitation, distribution, use and/or modification, for any purpose whatsoever and by any method whatsoever, of any of those elements and/or the creation of derivative works based on any of them is expressly prohibited.
The “Baccarat” trade mark, and generally all other trade marks, illustrations, images and logos appearing on Baccarat products, product accessories and/or packaging, whether or not they are registered, are and shall remain the exclusive property of Baccarat. Any full or partial reproduction, transmission, modification and/or use of such trade marks, illustrations, images and logos, for any reason and on any medium whatsoever, without Baccarat's express prior consent, is strictly prohibited.
The same applies to all author's rights, copyright, drawings and models, patents and domain names which are the exclusive property of Baccarat.
Any full or partial reproduction or representation of the Website or any of the elements appearing on it shall constitute infringement and may result in the perpetrator incurring civil and criminal liability. Photos are not contractual. The products may not conform exactly to the picture.
Article 13. - Force Majeure
Baccarat will suspend performance of some or all of its obligations in the event of the occurrence of unforeseen circumstances or cases of force majeure which impede or delay the performance thereof. These are deemed to include in particular, this list not being exhaustive: war, riot, epidemic, insurrection, social unrest, full or partial strikes, including transport strikes of any nature, interruption to production, interruption to energy and/or electricity supply and supply problems at Baccarat.
Baccarat will notify the Customer of such unforeseen circumstances or cases of force majeure within fourteen days of their occurrence. In the event that such suspension continues beyond a period of fifteen days, the Customer shall then be entitled to cancel any outstanding orders, and will be refunded accordingly on the conditions set out above.
Article 14. - Limitation of liability
The Customer declares, prior to their Order, that they have full legal capacity, meaning that they can be bound by these General Conditions of Sale. Baccarat shall not in any circumstances be required to check the legal capacity of its visitors and Customers. Consequently, if any person not having legal capacity orders items on the Website, those legally responsible for such person (notably parents or guardians) shall be fully liable in respect of the Order and, in particular, shall honour the price.
14.2. Limitation of liability:
Baccarat shall not incur any liability in relation to these General Conditions of Sale in the event that failure to perform its obligations is attributable to acts of a third party, even if this is foreseeable, through fault of the Customer, due to the occurrence of an event of force majeure as defined by the French courts or to any other event which could not reasonably be under Baccarat’s exclusive control. Baccarat shall not in any circumstances be held liable for damage which does not result from Baccarat’s breach of one of its obligations.
The information available on the Website is provided without any guarantee as to the suitability of the Products for the Customer’s proposed use of them.
Baccarat accepts no liability in relation to direct or indirect damage, whether foreseeable or not, caused in the course of use of the Website.
In particular, Baccarat shall not be held liable for any damage resulting from the Internet being used to access the Website such as, in particular, loss of data, intrusion, virus, breaks in connection, outage of the Internet network, or any other problems beyond its control.
Baccarat reserves the right to suspend operation of the Website at any time.
Article 15. - Non-waiver
The fact that Baccarat does not at a given time require any provision of these General Conditions of Sale to be performed shall not be interpreted as constituting a waiver of its right subsequently to invoke full or partial performance thereof.
Article 16. - Validity of the General Conditions of Sale
If any of the provisions of these General Conditions of Sales is declared to be fully or partially null and void, the other provisions and the other rights and obligations arising from these General Conditions of Sale shall remain unchanged and continue to apply unless their application has become impossible.