Terms and conditions of sale

Article 1 – Object.

The conclusion of the present sale implies acceptance of these general conditions, regardless of any clauses that may appear in the customer’s documents, subject to special conditions accepted in writing. Unless otherwise agreed, special conditions accepted for additional supplies shall not be extended to the main order. The customer acknowledges having been fully advised and informed prior to the present sale on the conditions of use and the characteristics of the goods sold.

Article 2 – Description of the products

The Site is an online sales site for survival / bushcraft / adventure products open to any individual or legal entity using the site. Some of the goods offered by the site oursfurtif.com concern knives that are free for sale and are therefore exclusively reserved for customers who have reached the age of majority in their country, state and province of residence. For any purchase of a knife, the customer certifies that he/she is of legal age when placing the order. Arauzo Brothers shall not be held responsible for any purchase made for a third party. The Products presented on the site are each the subject of a description (established by the supplier or accessible on the manufacturer’s site via a link on the site) mentioning their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The instructions for use of the product, if it is an essential element, appear on the site or are sent at the latest upon delivery. The products comply with the provisions of French law in force. Translated with www.DeepL.com/Translator (free version)

Article 3 – Creation of the customer area.

To place an order on the Site, the customer must first create a personal customer area. Once created, in order to access it, the client must identify himself using his secret, personal and confidential identifier and password. It is the customer’s responsibility not to communicate his login and password. Each customer undertakes to maintain strict confidentiality regarding the data, in particular the user name and password, enabling him/her to access his/her customer area, the customer acknowledging that he/she alone is responsible for accessing the service by means of his/her user name and password, unless fraud is proven. Each Customer also undertakes to inform the operator without delay in the event of loss, misappropriation or fraudulent use of his login and/or password. After the creation of his personal customer area, the customer will receive an email confirming the creation of his customer area. The customer undertakes at the time of registration to: provide real, accurate and up-to-date information at the time it is entered in the service’s registration form, and in particular not to use false names or addresses, or names or addresses without being authorised to do so, and to keep the registration data up to date with a view to ensuring that it is real, accurate and up-to-date at all times. The customer also undertakes not to make available or distribute any illegal or objectionable information (such as defamatory information or impersonation) or harmful information (such as viruses). If this is not the case, the operator will be able to suspend or terminate the customer’s access to the site at its sole discretion.

Article 4 – Prices.

The prices are established in euros all taxes included and payable in cash, excluding delivery and transport costs which will be added to the price of the products and indicated in a distinct manner before validation by the customer. The total amount due by the customer and its details are shown on the order confirmation page.

Article 5 – Delivery times.

The delivery times stipulated in the order are, unless otherwise stated, indicative. Any delays in delivery cannot justify the cancellation of the order or give rise to damages. oursfurtif.com is automatically released from any commitment relating to delivery times in the following cases: – The payment conditions stipulated in Article 8 are not respected by the customer. – Omission or inaccuracy of information to be provided by the customer under the terms of the sales contract. – Delayed delivery at the customer’s request. – Technical contingencies, force majeure and acts of God, including strikes, riots, floods and fires. The operator endeavours to ensure optimum availability of its products. Product offers are valid while stocks last. If, in spite of the operator’s efforts, a product proves to be unavailable after the customer’s order, the operator will inform the customer by email as soon as possible and the customer will have the choice between :

• Delivery of a Product of equal quality and price to that originally ordered,
• The reimbursement of the price of the product ordered at the latest within thirty (30) days of the payment of the amounts already paid.

It is agreed that apart from the reimbursement of the price of the unavailable product, if this option is requested by the customer, the operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him. With the exception of any mention to the contrary in the general conditions and without prejudice to the right of withdrawal provided for by the applicable law, the customer’s orders are firm and definitive.

Article 6 – Delivery and transport.

Delivery means the transfer to the customer of physical possession or control of the product. The operator offers different delivery methods depending on the nature of the product: Standard delivery with tracking. The shipping costs are those specified at the time of the finalization of the order and are accepted by the validation of the order. The operator undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products within a maximum of thirty (30) days after receipt of the order. Delivery times are announced in working days on the site when ordering. These times include the preparation and dispatch of the order as well as the time taken by the carrier. The operator undertakes to dispatch the products in accordance with the deadlines announced on each product sheet and in the shopping cart, provided that the payment of the order has not been refused beforehand. Delivery times and prices are available on this page: https://oursfurtif.com/livraison/ (These delivery times are approximate and cannot be guaranteed) However, if one or more products could not be delivered within the initially announced deadline, the operator would send an email indicating the new delivery date to the customer. The products will be delivered to the address indicated by the customer when ordering. It is therefore up to him to check that this address does not contain any errors. The operator shall not be liable if the address provided by the customer is incorrect, thus preventing or delaying the delivery. On delivery, you may be asked to sign a receipt. No delivery will be made to a post office box. On delivery, it is the customer’s responsibility to check that the products delivered conform to the order and that the package is sealed and undamaged. If this is not the case, the customer must indicate this on the delivery note. No claim on the quantity or condition of the product will be accepted if the claim has not been noted on the delivery note.

Article 7 – Reservation of ownership – Transfer of ownership.

In accordance with law N° 80335 of 12 May 1980, oursfurtif.com expressly reserves ownership of the goods delivered until full payment of their price. Judicial reorganisation or liquidation may not modify this clause. If the customer fails to pay the price and fifteen days after a formal notice by registered letter with acknowledgement of receipt has remained unsuccessful, the present sale will be terminated by right if oursfurtif.com sees fit. In the event of disagreement over the return of the order, this may be obtained by a summary order issued by the President of the Commercial Court of Meaux. Ces dispositions ne font pas obstacle au transfert à l’acheteur, dès la livraison, des risques de perte et de détérioration des marchandises vendues ainsi que des dommages qu’ils pourraient occasionner.

Article 8 – Terms of payment – Late payment penalties – Penalty clause, fixed recovery indemnity

Unless otherwise agreed between the parties, invoices are payable “net of any discount” and are due on the day of the order. The customer expressly acknowledges that any order placed on the site is an order with an obligation to pay, which requires the payment of a price against the supply of the product ordered. In any case, the operator reserves the right to check the validity of the payment before the order is sent, by any means necessary. The operator uses the online payment solution Paypal. Orders can be paid for using one of the following payment methods:

• Payment by credit card via Paypal. The payment is made directly on the secure bank servers of the operator’s bank, the customer’s bank details do not pass through the site. The bank details given at the time of payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties. The customer’s order is registered and validated as soon as the payment is accepted by the bank. The customer’s account will only be debited with the corresponding amount once the data of the credit card used has been verified and the debit has been accepted by the bank that issued the credit card.

The impossibility of debiting the amounts due will result in the immediate nullity of the sale.

• Payment by electronic wallet (Paypal type). The customer already has an account on the e-wallet used by the operator. The customer can use this account and pay for his or her order in complete security without disclosing his or her bank details. Where applicable, the order validated by the customer will only be considered effective when the secure bank payment centre has given its agreement to the transaction. As part of the control procedures, the operator may have to ask the customer for all the documents necessary to finalise his order. These parts will not be used for any other purpose.

Refusal or failure to pay shall render our entire claim immediately payable without prior notice of default. Without prejudice to immediate payment, late payment penalties are due at the annual rate of 10 times the legal interest rate in force at the time of invoicing (Law No. 92-1442 of 31.12.1992) and run automatically:

In the case of successive sales and deliveries, failure to pay for one of them shall entitle the seller to refuse subsequent deliveries. In addition, for any sum not paid on the agreed or planned due date, the client shall be liable, by way of compensation and penalty clause, in accordance with the provisions of Articles 1226 et seq. of the French Civil Code, for a surcharge equal to 15% of the outstanding principal. In accordance with the provisions of articles L441-6 and D441-5 of the French Commercial Code, any delay in payment shall automatically entail, notwithstanding late payment penalties, the payment of a fixed indemnity of 40 euros for collection costs.

Article 9 – Right of withdrawal

If a product delivered is not to the customer’s satisfaction, the customer may return it to the operator. The customer will have thirty (30) days to do so from the date of receipt of the order. In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. of the Consumer Code, the customer is invited to complete the standard withdrawal form by clicking on the link below https://oursfurtif.com/contact/ . The operator will send an acknowledgement of receipt of the customer’s withdrawal request by e-mail. Where applicable, the customer may exercise his right of withdrawal by notifying the following information to the operator:

– name, geographical address, telephone number and e-mail address ;

– (e.g. letter sent by post, fax or e-mail as long as the customer’s contact details are available and therefore appear on the standard withdrawal form). The customer can use the model withdrawal form but this is not obligatory. The customer is responsible for the cost of returning the goods, unless the goods cannot normally be returned by post, in which case the operator will collect the goods at its expense.

The returned product must be in its original packaging, in perfect condition, fit for resale, unused and with all possible accessories. In addition to the returned product, the return package must also contain a letter specifying the customer’s exact and complete contact details (surname, first name, address) as well as the order number and the original purchase invoice. The operator will reimburse the customer for the amount of the product within fourteen (14) days of receipt of the product and all the elements required to implement the reimbursement of the customer. This refund may be made by the same means of payment as that used for the customer. In this respect, the customer who has paid for his order in the form of a credit note / gift voucher may be reimbursed by credit note / gift voucher according to the operator’s wishes.

ARTICLE 10 – Liability and warranty

The operator cannot be held responsible for the non-performance of the contract due to the customer or due to an event qualified as force majeure by the competent courts or due to the unforeseeable and insurmountable act of any third party. The operator cannot be held responsible for information imported, stored and/or published on the site by customers. The operator cannot be held responsible for any information published by a client on the site and for any direct or indirect damage that this use may cause to a third party, the client who published the information being solely responsible in this respect. Independently of any additional contractual guarantee (commercial guarantee) that may be granted, the products benefit from the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code (in particular L. 217-4 to L. 217-14 of the French Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.

When the customer acts under the legal guarantee of conformity :

– he has a period of two (2) years from the delivery of the goods to act:

– he may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L. 217-9 of the Consumer Code;

– he is exempt from proving the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except for second-hand goods).

He may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. It is reminded that the search for amicable solutions prior to a possible legal action does not interrupt the periods of action of the legal guarantees nor the duration of any possible contractual guarantee.

Article 11 – Jurisdiction and applicable law.

All disputes relating to the interpretation or execution of this contract shall fall under the exclusive jurisdiction of the Commercial Court of MEAUX, even in the event of a guarantee appeal or multiple defendants. The contract is subject to the provisions of French law.