The present conditions of sale are concluded on the one hand by Samy Berkani, whose head office is located at 22 route des Serans, 39270 CRESSIA, Auto-entrepreneur under the SIRET number 51216246200042 ? hereinafter referred to as "Samy Berkani" and manager of the samyberkani.com website and, on the other hand, by any individual or legal entity wishing to make a purchase via the samyberkani.com website, hereinafter referred to as "the customer".
Article 1. Purpose
The present conditions of sale aim to define the contractual relations between Samy Berkani and the customer and the conditions applicable to all purchases made via the samyberkani.com website. The acquisition of a product through this site implies unreserved acceptance by the customer of these conditions of sale, which the customer acknowledges having read prior to ordering. Before any transaction, the customer declares on the one hand that the purchase of products on the samyberkani.com site is not directly related to his professional activity and is limited to strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under these general conditions of sale.
Samy Berkani reserves the right to modify these conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer's order.
Article 2.Products
The products offered are those shown on the samyberkani.com website of the self-employed Samy Berkani, while stocks last. Samy Berkani reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (photograph, format, paper, frame, etc.). The photographs are as accurate as possible, but are not binding on the Seller. The sale of products presented on the samyberkani.com website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Prices
The prices shown on the product sheets of the internet catalog are in Euros (€), all taxes included (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. Samy Berkani reserves the right to modify its prices at any time, it being understood however that the price appearing in the catalog on the day of the order will be the only one applicable to the purchaser. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, depending on the total amount of the order.
Article 4. Ordering and payment terms
Before placing an order, the buyer must create an account on the samyberkani.com website. The account creation section can be accessed directly from the menu bar. Each time you visit the site, if you wish to order or consult your account (order status, profile, etc.), you must identify yourself using this information. Samy Berkani offers the buyer the option of ordering and paying for products in several stages, with 3 payment options to choose from:
- Payment by cheque: the buyer selects the products he/she wishes to order in the "basket", modifies them if necessary (quantities, references...), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment by cheque". In the last step, the buyer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button. This final click constitutes the definitive conclusion of the contract. As soon as the order has been validated, the buyer receives an order form confirming that the order has been registered. In order to finalize payment and process the order, the buyer must print out this order form, together with a cheque made payable to "Samy Berkani" at the following address: Samy Berkani, 22 route des Serans, 39270 CRESSIA, No cash payment should be sent. Only cheques issued by a French bank will be accepted.As soon as the cheque is received, the order will be processed and the buyer will be informed by email. Samy Berkani will ship the products at the earliest 2 working days after cashing the check corresponding to the order, subject to provisions.
- Payment by bank transfer: the buyer selects the products he wishes to order in the "shopping basket", modifies them if necessary (quantities, references...), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment by bank transfer". In the final step, the purchaser is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button.This last click constitutes the definitive conclusion of the contract. As soon as the order has been validated, the buyer receives an order form confirming that the order has been registered. In order to finalize payment and process the order, the buyer must contact his bank to transfer the amount of the order to Samy Berkani's bank account, details of which have been communicated to the buyer. Upon receipt of the transfer, the order will be processed and the buyer will be informed by e-mail. Samy Berkani will ship the products at the earliest 2 working days after receipt of the transfer corresponding to the order, subject to provisions.
- Secure payment by Paypal or credit card (via the PAYPAL system): the buyer selects the products he/she wishes to order in the "basket", modifies them if necessary (quantities, references, etc.), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice: "Payment by Paypal". In the next step, the buyer is asked to check all the information provided, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the PAYPAL secure interface, where he/she can enter his/her Paypal account details or personal credit card details.If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal account or credit card is irrevocable. In the event of fraudulent use of the card, the buyer may demand cancellation of the card payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract with the bank. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder's written objection. No costs will be charged to the cardholder for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase.
All data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, Samy Berkani will send confirmation of the order by e-mail.
If the buyer wishes to contact Samy Berkani, he may do so either by post at the following address: 22 route des Serans, 39270 CRESSIA; or by email at the following address: contact(at)samyberkani.com or by telephone at +336.72.66.40.46.
Article 5. Retention of title
Samy Berkani retains full ownership of the products sold until full payment has been received, in principal, costs and taxes included.
Article 6. Withdrawal
In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from delivery of their order to exercise their right of retraction and return the product to the seller for exchange or reimbursement without penalty, with the exception of return costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are made by La Poste via COLISSIMO or LETTRE SUIVIE, a delivery service with tracking and delivery without signature. Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the purchaser reimbursed. Samy Berkani may provide the buyer with a tracking number by e-mail. The buyer is delivered to his home by his letter carrier. If the purchaser is absent, he/she will receive a delivery notice from the letter carrier, allowing him/her to collect the products ordered from the nearest post office, within a period indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the items leave Samy Berkani's premises. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the employee of La Poste or the delivery person. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by Samy Berkani benefit from the legal guarantee provided by articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to Samy Berkani who will take it back, exchange it or refund it. All the complaints, requests for exchange or refunding must be carried out by postal way with the following address: Samy Berkani, 22 route des Serans, 39270 CRESSIA, within thirty days of delivery.
Article 9. Liability
Samy Berkani, in the process of distance selling, is only bound by an obligation of means. Samy Berkani cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, service interruption or other involuntary problems.
Article 10. Intellectual property rights
All elements of the samyberkani.com site are and remain the exclusive intellectual property of Samy Berkani. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal information
Samy Berkani undertakes to preserve the confidentiality of information provided by the purchaser, which he may be required to transmit in order to use certain services. All information concerning the purchaser is subject to the provisions of law n° 78-17 of January 6th 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by post to the following address: Samy Berkani, 22 route des Serans, 39270 CRESSIA.
Article 12. Settlement of disputes
These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Lons le Saunier.