Preamble
BERGERE DE FRANCE is a brand of the company BERGERE DE FRANCE SCOP.
This website is operated by BERGERE DE FRANCE SCOP, a cooperative production company with a board of directors and a share capital of €20,800, whose headquarters are located at 91 RUE ERNEST BRADFER, 55000 BAR-LE-DUC, registered in the Bar-le-Duc Trade and Companies Register under number 937 749 711.
These General Terms and Conditions of Sale apply to all orders placed with BERGERE DE FRANCE SCOP for all Products and Services offered on the website www.bergeredefrance.com by non-commercial individuals. Consequently, any person placing an order for a Product or Service offered for sale on the www.bergeredefrance.com website accepts these General Terms and Conditions of Sale in full, which the Client acknowledges having read prior to placing the order.
 
Article 1. Definitions
Client: Visitor to the Website who places an order for a Product.
General Terms and Conditions: This document, including its preamble and annexes, as well as any amendments, substitutions, extensions, or renewals.
Recipient: Person who may receive the Product upon delivery.
Product: Any product offered for sale on the Website.
Service: Any service offered for sale on the Website.
Website: The online sales website www.bergeredefrance.fr used by the seller to market its Products.
Visitor: Any person visiting the website www.bergeredefrance.fr.
 
Article 2. Entirety
These General Terms and Conditions express the entirety of the obligations of the parties. As such, the Client is deemed to accept without reservation all provisions set forth in these General Terms and Conditions of Sale.
 
Article 3. Purpose
These General Terms and Conditions define the rights and obligations of the parties in the context of the online sale of Products and Services offered by BERGERE DE FRANCE SCOP to the Client, from ordering to delivery, including payment and the use of services provided by BERGERE DE FRANCE SCOP.
 
Article 4. Scope
These General Terms and Conditions govern the sale of Products and Services as of the date of the Client's order. They apply to all sales of Products and Services by BERGERE DE FRANCE made through the French version of the www.bergeredefrance.fr website.
They are reserved exclusively for consumers, as defined by law and jurisprudence, acting solely on their own behalf.
The General Terms and Conditions are made available to Clients on the BERGERE DE FRANCE website, where they can be directly consulted. They may also be communicated upon request via phone, email, or postal mail.
The General Terms and Conditions are binding on the consumer, who acknowledges having read and accepted them by checking a box provided for this purpose before placing an order.
Validation of the order constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
 
Article 5. Orders
Capacity to Contract
Any Client of BERGERE DE FRANCE SCOP declares that they have full legal capacity to commit to these General Terms and Conditions of Sale.
BERGERE DE FRANCE reserves the right to cancel or refuse any order from a Client with whom there exists, or arises during order processing, a dispute, particularly concerning the payment of a previous order.
 
Acceptance of the Terms by the Client
By checking the box "By clicking ORDER, I acknowledge having read and accepted the General Terms and Conditions of Sale without reservation" before proceeding with payment, the Client provides irrevocable and unquestionable acceptance of these Terms, which can only be revoked in the specific cases outlined under the "Right of Withdrawal" section.
The Client acknowledges having read, understood, and accepted these General Terms and Conditions.
 
Order Placement
The Client can place an order with BERGERE DE FRANCE SCOP: Online 24/7 via the website.
BERGERE DE FRANCE cannot be held responsible for any interruptions or technical issues (e.g., system updates, internet failures, force majeure).
 
The ordering process consists of the following 7 steps:
1.     Product Selection: The Client selects the Product(s) they wish to purchase.
2.     Shopping Cart Validation: The Client validates the shopping cart.
3.     Verification: The Client verifies the Products, including options (e.g., color, size) and quantities.
4.     Account Creation/Identification: The Client logs in using their email and password or provides the required registration information.
5.     Delivery Information: The Client provides delivery details, such as the precise address and any accessibility restrictions.
6.     Delivery Method: The Client chooses the preferred delivery method.
7.     Payment: The Client chooses a payment method and completes the payment via a secure interface, finalizing the sales contract.
 
The Client receives an immediate electronic confirmation of payment. If the session is inactive for an extended period, the Client may need to restart the selection process.
 
Order Confirmation
An email confirmation is automatically sent to the Client, provided the email address submitted during registration is error-free.
 
Order Tracking
Clients can track their order status via the "My Account" section of the website. They may also contact Customer Service for assistance at +33 (0)3 29 79 36 66 during business hours.
 
Proof of Transaction
Digital records maintained by BERGERE DE FRANCE SCOP will serve as proof of communications, orders, and payments between the parties.
BERGERE DE FRANCE SCOP does not store or handle Clients' banking information. All financial data is securely managed by their payment partner (e.g., ADYEN).
 
Archiving
Order records and invoices are archived on reliable and durable media that can serve as legal proof.
 
Article 6. Product Information
Product Characteristics
In accordance with Article L. 111-1 of the Consumer Code, the Client may review essential details about the Products or Services prior to ordering via the www.bergeredefrance.fr website.
Information, images, and graphics on the website or in promotional emails are for illustrative purposes only.
While BERGERE DE FRANCE SCOP strives for accurate representation, differences in perception (e.g., colors) will not incur liability.
 
Compliance with Regulations
Products comply with French laws and consumer safety standards at the time of market entry.
 
Availability
Orders are subject to product availability. In the event of unavailability, BERGERE DE FRANCE SCOP will notify the Client promptly. If the Client wishes not to wait, they are entitled to a full refund within 14 days.
 
Article 7. Pricing
Prices
Prices are listed in $US (For bergeredefrance.com) $CAD (for en.bergeredefrance.ca)  £ (for bergeredefrance.co.uk), inclusive of all taxes (TTC). Shipping costs are added based on the order amount and delivery method.
 
Price Modifications
Prices may change but are fixed once the order is placed. Taxes applicable at the time of ordering are included.
 
Article 8. Payment
Payment Methods
Full payment is required at the time of order. Payment can be made via PayPal, credit cards (Visa, MasterCard).
 
Security
Payment security is ensured via external services (e.g., ADYEN, PayPal) and systems such as "Verified by Visa."
 
Article 9. Delivery
Delivery Methods and Timing
Standard delivery methods include home delivery and pickup at designated points.
Orders are prepared within three business days and typically delivered within seven business days, barring unforeseen issues.
 
Packaging
Products are packaged to comply with transport standards and ensure optimal protection during delivery. Clients are required to adhere to these same standards when returning a Product. Any damage caused by insufficient packaging during a return may result in a partial refund or no refund at all.
Client Responsibility for Inspection Upon Delivery
While BERGERE DE FRANCE SCOP is responsible for items until delivery, it is the Client's responsibility to inspect the package upon receipt in the presence of the carrier. The Client must note any anomalies (e.g., damage, missing items, incorrect delivery) on the delivery receipt or refuse the package if it is visibly damaged. These claims must also be reported to BERGERE DE FRANCE SCOP within three business days following delivery.
Failure to do so may result in the Client waiving the right to contest the delivery.
 
Delays Due to BERGERE DE FRANCE
In the event of a delivery delay caused by BERGERE DE FRANCE SCOP, the Client will be informed via email. The Client can cancel the order by sending written notice (via mail or email).
If the order has not yet been shipped, the delivery will be stopped, and the Client will be refunded within 14 days.
If the order has already been shipped, the Client can still cancel by refusing the package, and a refund will be issued upon receipt of the returned package.
 
Delays Due to the Carrier
If delivery is delayed due to the carrier, the Client should first verify the package's status with the carrier. If unresolved, the Client may contact BERGERE DE FRANCE SCOP Customer Service to open an investigation with the carrier.
If the package is found, it will be delivered promptly to the Client.
If the package is deemed lost, BERGERE DE FRANCE will either refund the Client or issue a replacement order.
 
Article 10. Right of Withdrawal
Principle
In compliance with Articles L.221-18 and following of the Consumer Code, the Client has 14 calendar days from the date of receipt of their order to exercise their right of withdrawal without needing to provide justification. BERGERE DE FRANCE extends this right commercially to one month.
 
How to Exercise the Right of Withdrawal
To withdraw, the Client must notify BERGERE DE FRANCE SCOP by sending the withdrawal form (available online) or any clear statement of intent to withdraw. This must be done before the end of the withdrawal period.
The Client may contact BERGERE DE FRANCE SCOP by mail at:

BERGERE DE FRANCE SCOP
91 rue Ernest Bradfer
55000 BAR-LE-DUC - FRANCE
 
Exceptions to the Right of Withdrawal. 
. The right of withdrawal does not apply to:
. Services fully executed before the withdrawal period ends.
. Customized or personalized goods.
. Perishable goods.
. Sealed goods that cannot be returned for hygiene or health protection reasons once unsealed.
. Digital content not provided on a physical medium if execution has begun with the Client's prior consent.
 
Return of Products
The Client must return the Product within 14 days of notifying BERGERE DE FRANCE SCOP of their intent to withdraw. Return shipping costs are the responsibility of the Client. The Product must be returned in its original condition, unused, and with all accessories. Damaged or incomplete returns will not be refunded.
 
Refunds
Refunds, including delivery fees, will be issued within 14 days of receiving the returned Product. If the Client chose a more expensive delivery option, only the standard delivery cost will be refunded. Refunds are processed via the original payment method unless agreed otherwise.
 
Article 11. Legal Guarantees
BERGERE DE FRANCE provides legal guarantees for product compliance and hidden defects in accordance with French law (Articles L.217-4 and 1641 of the Civil Code).
.  The Client has two years from the date of delivery to act under the legal guarantee of conformity.
. The Client may choose between repair or replacement of the Product, subject to cost conditions.
. The Client is exempt from proving the defect existed within 24 months of delivery, except for used goods.
 
These guarantees apply independently of any commercial warranties.
 
Article 12. Liability
BERGERE DE FRANCE SCOP ensures its Products comply with French legislation and applicable safety standards. The company cannot be held responsible for non-compliance with foreign laws where the Product is delivered.
 
BERGERE DE FRANCE is also not liable for:
. Interruptions or issues related to internet access.
. Damage caused by third-party sites linked to www.bergeredefrance.fr.
. Indirect damages caused by the purchase or use of Products.
 
Article 13. Protection of Personal Data
13.1 Collection and Purpose of Personal Data

BERGERE DE FRANCE SCOP is committed to protecting the personal data of its users. The information collected (name, surname, address, email, phone number, etc.) is required for:
. Managing and tracking orders.
. Communicating with customers (after-sales service, sending information related to an order).
. Sending commercial offers if the customer has given their consent.

13.2 Legal Basis
The processing of personal data is based on:
. The execution of the contract (order processing and delivery).
. Explicit consent for marketing communications.
. Compliance with legal and regulatory obligations.

13.3 Retention Period
Customers' personal data is retained for:
. 10 years for billing data, in compliance with legal obligations.
. 3 years from the last contact for marketing purposes (newsletters, offers, etc.), unless you object.

13.4 Recipients of the Data

Your data may be transmitted to third parties strictly necessary for fulfilling your order, such as:
. Logistics providers (carriers, postal services).
. Secure payment providers.
Outside of these cases, your data will never be sold or transmitted to third parties without your consent.

13.5 User Rights

In accordance with the General Data Protection Regulation (GDPR), you have the following rights:
. Right of access: Obtain information about the processing of your personal data.
. Right of rectification: Correct inaccurate data.
. Right to erasure: Request the deletion of your data under certain conditions.
. Right to object: Refuse the processing of your data for specific purposes (e.g., marketing).
. Right to data portability: Receive your data in a structured, machine-readable format.
To exercise your rights, you can contact us at the following address:


BERGERE DE FRANCE SCOP

91 rue Ernest Bradfer

55000 Bar-Le-Duc (France)


by email at : adv(at)bergeredefrance.com

13.6 Use of Cookies

Cookies are used to identify a previous visit by the Customer or Visitor to the website and to link the user to the personal data provided on the site, particularly for identifying the shopping cart.

13.7 Complaints

If you believe your rights are not being respected, you may file a complaint with the competent authority: CNIL (Commission Nationale de l'Informatique et des Libertés) – www.cnil.fr.

BERGERE DE FRANCE SCOP informs its Customers that the processing of this personal and/or nominative information has been declared to the CNIL under number N°681053 on January 11, 2000.

Article 14. Intellectual Property
All content on www.bergeredefrance.com is protected by intellectual property laws. Reproduction, distribution, or use of this content without prior authorization from BERGERE DE FRANCE SCOP is prohibited.
 
Article 15. Force Majeure
BERGERE DE FRANCE is not liable for non-performance due to events beyond its control (e.g., natural disasters, strikes).
 
Article 16. Modifications and Duration
BERGERE DE FRANCE reserves the right to modify these General Terms and Conditions at any time. The applicable version is the one accepted by the Client at the time of the order.
 
Article 17. Governing Law and Jurisdiction
These General Terms and Conditions are governed by French law. Disputes that cannot be resolved amicably will fall under the exclusive jurisdiction of French courts.