Terms of Sales :
The Gold Baits online store was set up by the Gold Baits company, which is the operator of this site. Any order for a product appearing in the online store of the gold-baits.com website requires prior consultation of these general conditions. Consequently, the consumer acknowledges being fully informed of the fact that his agreement concerning the content of these general conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented within the framework of the shop. of the website. The consumer has the right to save or edit these general conditions, it being specified that both the saving and the editing of this document are his sole responsibility.
Article 1: Entirety
These general conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these general conditions. No general or specific condition appearing in the documents sent or delivered by the consumer can be incorporated herein, since these documents would be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the company Gold Baits to the consumer.
Article 3: Contractual documents
This contract is formed by the following contractual documents, presented in descending hierarchical order: these general conditions, the order form. In case of contradiction between the provisions contained in the documents of different rank, the provisions of the document of higher rank will prevail.
Article 4: Entry into force - duration
These general conditions come into force on the date of validation of your order. These general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the expiry of the guarantees due by the company Gold Baits.
Article 5: Electronic signature
The “click” of the consumer under the order validation constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Article 6: Order confirmation
The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the consumer in the order form.
Article 7: Proof of the transaction
The computerized registers, kept in the computer systems of the company Gold Baits under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8: Product information
8-a: The company Gold Baits presents on its website the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides the possibility for the potential consumer to know before the final order taking the essential characteristics of the products he wishes to buy.
8-b: The offers presented by the company Gold Baits are only valid within the limits of available stocks.
8-c: Items offered as part of an "offer with gift" may be subject to change if out of stock. The replacement item will be similar and of equal or greater value to the stated value of the gift.
8-d: Certain modifications by our suppliers may occur in the description of the products. If, despite all our precautions, descriptive, typographical or photographic errors are present on the site, we cannot, under any circumstances, be held responsible or be liable for this fact.
Article 9: Price
The prices are indicated in euros and are valid only on the date of the sending of the purchase order by the consumer. They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. Payment of the full price must be made when ordering. At no time can the sums paid be considered as a deposit or down payment.
The prices indicated are given subject to manifest typographical error. In case of observation of error, Gold Baits will inform the customer to indicate the real price of the product ordered. The customer can then either confirm his order with the prices indicated, or cancel the order and possibly be reimbursed for the sums paid, without penalty.
Postage and preparation costs are invoiced for each product ordered. These costs will be communicated to the Customer before validation of his order.
Article 10: Method of payment
To pay for his order, the consumer has, at his option, all the payment methods referred to in the order form. The consumer guarantees the company Gold Baits that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The execution of the order is conditioned to the computer reception of the validation by the banking organization. We decline all responsibility for the extension of delivery times due to the delay or absence of the return of payment information. The company Gold Baits reserves the right to suspend any management of order and any delivery in the event of refusal of authorization of payment on behalf of the officially accredited organizations or in the event of non-payment. The company Gold Baits notably reserves the right to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. 'administration. Gold Baits has an order verification procedure in place to ensure that no one is using another person's bank details without their knowledge. As part of this verification, the customer may be asked to send by email or post to the company Gold Baits a copy of an identity document and proof of address. The order will only be validated after receipt and verification by our departments of the documents sent. For payments by check an additional delay linked to the control of the collection may be applied.
Article 11: Availability of products
11-a: The availability of each product is clearly indicated on the product sheet.
11-b: In the event of exceptional unavailability of a product ordered (inventory contingencies) the consumer will be informed as soon as possible. Gold Baits will proceed with the cancellation of all or part of the order and the corresponding refund. Reimbursement procedures are governed by Article 17.
11-c: For orders paid for by a deferred payment method (checks, bank transfer) the availability of items cannot be guaranteed. In case of unavailability of an article at the time of receipt of payment, the customer will be informed and may either proceed to the exchange with an available product, or request reimbursement of all or part of the order without penalty.
11-d: Some products being restocked are offered for "pre-order" with an estimated date of availability. The date of availability is given as an indication (provided by the manufacturer) and may vary according to the hazards of manufacture and transport. In the event of a delay, the customer will be notified on the scheduled date of availability and may choose to wait or cancel the order and request an exchange or refund under the conditions defined by articles 16 and 17 of the GCS. The payment of a "pre-order" product is immediate (according to the mode chosen by the customer). The products available for pre-order are subject to specific shipping to the address indicated on the order. The delivery method is that defined when ordering (Collection on site, dispatch by carrier), the delivery period begins upon receipt of the goods in our warehouse.
Article 12: Terms of delivery
The products are delivered to the address indicated on the order form. The consumer is required to check the condition of the packaging of the goods on delivery and to report the damage due to the carrier on the delivery note, as well as to the company Gold Baits, within 72 hours (working days ). The consumer can, at his request, obtain the sending of an invoice to the billing address and not to the delivery address. As far as shipping is concerned, we mainly work with GLS, La Poste, UPS, Dachser. As soon as we send a shipment, you will immediately receive an email informing you. Despite all the care taken in the delivery service, it is possible, as in any shipment, that there is a delay in delivery or that the product gets lost. In the event of late delivery in relation to the date that we have indicated to you in the dispatch email, we ask that you notify us of this delay by calling us by telephone or by sending us an email. We will then contact the carrier to start an investigation. An investigation can last up to 30 days from the date of the start of the investigation. If during this period, the product is found, it will be rerouted immediately (most cases). If, on the other hand, the product is not found at the end of the period, the carrier considers the package as lost. Only then can we send you a replacement product, at our expense. If the product(s) ordered were no longer available at that time, we would reimburse the amount of the products concerned by the loss of the carrier. If the product(s) were still available, but had changed the selling price on the site, we would apply the new selling prices, either by reimbursing you by check for the difference, or by requesting an additional check for this price difference. We decline all responsibility for the extension of delivery times due to the carrier, in particular in the event of loss of products or strikes.
Article 13: Delivery problems due to the carrier
Any anomaly concerning the delivery (damage, late delivery, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reservations", accompanied by the signature of the customer. The consumer must at the same time confirm this anomaly by sending the carrier within two (2) working days following the delivery date a registered letter with acknowledgment of receipt setting out the said complaints. The consumer must send a copy of this letter by email: gold-baits@orange.fr or by simple mail to: Gold Baits – Le Vernay – 03470 Pierrefitte sur Loire – France.
Article 14: Delivery errors
14-a: If the delivery is accepted, any anomaly concerning the contents of the delivery (missing product compared to the delivery note, error and/or non-conformity of the products in kind or in quality compared to the indications appearing on the order form) must imperatively be indicated on the transport voucher in the presence of the delivery person in the form of "handwritten reserves", accompanied by the customer's signature. The consumer will have to formulate with the company Gold Baits the same day of the delivery or at the latest the first working day following the delivery, a complaint to our customer service: gold-baits@orange.fr. Any complaint made after this period will be rejected.
14-b: The formulation of this complaint with the company Gold Baits must be confirmed by registered letter with acknowledgment of receipt, detailing as precisely as possible the complaint as to the content of the entire order and this, within a 3 working days following delivery.
14-c: Any complaint not made in the rules defined above (article 14-a and 14-b) and within the time limits cannot be taken into account and will release the company Gold Baits from any liability towards the consumer. .
14-d: Upon receipt of the complaint, and after acceptance, the Gold Baits company will assign an exchange number for the product(s) concerned and will communicate it by e-mail or telephone to the consumer. The exchange of a product can only take place after the attribution to the consumer of an exchange number according to the approach presented above.
14-e: In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Gold Baits company as a whole and in its original packaging, by the means of transport adapted to the products. (Colissimo or Carrier) with acknowledgment of receipt to the following address: Gold Baits, return service – Le Vernay – 03470 Pierrefitte sur Loire – France.
To be accepted, any return must be notified in advance to Gold Baits Customer Service, which will send the customer a "return number". Any return made without a "return number" will be refused by our services.
Article 15: Product Warranty & After-Sales Service
15-a: In accordance with Article 4 of Decree No. 78-464 of March 24, 1978, the provisions hereof cannot deprive the consumer of the legal guarantee which obliges the professional seller to guarantee him against all the consequences of hidden defects. of the thing sold. The consumer is expressly informed that the company Gold Baits is not the manufacturer of the products presented within the framework of the website, within the meaning of law n ° 98-389 of May 19, 1998 and relating to liability for defective products. . Consequently, in the event of damage caused to a person or property by a defect in the product, only the liability of the manufacturer of the latter may be sought by the consumer, on the basis of the information appearing on the packaging of the said product.
15-b: For products benefiting from a "manufacturer's warranty", the duration as well as the terms of application of the warranty are defined by the manufacturer (generally 1 year). The start date of the warranty is contractually the date of receipt of the product by the customer. To be able to claim the application of the guarantee, the product must not have been the subject of any modification, intervention or maintenance by persons not approved by the manufacturer. The product must have been used in a normal manner as defined by the instructions provided by the manufacturer. No warranty is applicable if the product has been used in an abnormal manner or under abnormal conditions (waders, biwy, luggage, clothing as well as closing elements are therefore not covered in the event of breakage, tearing, deformation or other damage ).
15-c: To assert the guarantee on a product, the customer must contact the After-Sales Service of Gold Baits within a maximum period of seven days following the observation of the defects or malfunctions. Before any return of product, a request for support must be made to the after-sales service Gold Baits by email at gold-baits@orange.fr or by mail to Gold Baits, after-sales service – Le Vernay – 03470 Pierrefitte sur Loire – France. For products benefiting from a manufacturer's warranty, the request must be made before the end of the warranty period defined by the latter. The outward and return shipping costs of the products between the customer and Gold Baits remain the responsibility of the customer, who must pay them according to the conditions defined by the Gold Baits after-sales service.
Legal guarantee of conformity (excerpt from the Consumer Code)
Article L 217-4: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L 217-5: The property complies with the contract:
1° If it is specific to the use usually expected of a similar item and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.
Article L 217-6: The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L 217-7: Lack of conformity which appears within a period of twenty-four months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L 217-8: The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
Article L 217-9: In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L 217-10: If the repair and replacement of the good are impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded. The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L 217-11: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L 217-12: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L 217-13: The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual nature. or extra-contractual which is recognized by law.
Article L 217-14: The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Article L 217-15: The commercial guarantee means any contractual commitment of a professional towards the consumer with a view to reimbursement of the purchase price, replacement or repair of the goods or the provision of any other service in relation to the good, in addition to its legal obligations aimed at guaranteeing the conformity of the good. The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, its duration, its territorial scope as well as the name and address of the guarantor.
In addition, it mentions clearly and precisely that, independently of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the product. thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract.
In the event of non-compliance with these provisions, the warranty remains valid. The buyer is entitled to rely on it.
Article L 217-16: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.
Article L 217-17: After-sales services performed by the seller and not covered by the commercial guarantee referred to in section 3 are the subject of a contract, a copy of which is given to the buyer.
Article L 217-18: The commissioning carried out by the seller includes the installation and verification of the operation of the device. Delivery or commissioning is accompanied by the delivery of the instructions for use and, if applicable, the guarantee certificate for the device.
Article L 217-19: The seller informs the buyer in writing at the time of his purchase, if applicable, of the cost of delivery and commissioning of the property. A writing is left with the purchaser at the time of the entry in possession of the good, mentioning the possibility for the purchaser to formulate reserves, in particular in the event of apparent defects of the apparatus or of failure of handing-over of the notice of use.
Article L 217-20: When invoicing fixed-price repair services, the seller must, in writing, inform the buyer of the origin of the breakdown, the nature of the intervention and the parts or supplies replaced.
Article 16: Right of withdrawal
The consumer has a period of 14 working days to return, at his expense, the products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, a Sunday or a holiday or non-working day, it is extended until the first following working day. All returns must be reported in advance to Gold Baits Customer Service: gold-baits@orange.fr . Before any return, the consumer must obtain a "return number" from customer service. The product must be returned by a suitable delivery service (with insurance) and delivered against signature to: Gold Baits "return n°" – Le Vernay – 03470 Pierrefitte sur Loire – France.
Electronic products remain subject to the legal withdrawal period of 14 days.
Only products returned as a whole will be taken back, in their complete and intact original packaging, and in perfect condition for resale. Any product that has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
This right of withdrawal is exercised without penalty, with the exception of return costs. In the event of the exercise of the right of withdrawal, the consumer has the choice to request either the exchange of the product, or the reimbursement of the sums paid (governed by article 17). In the case of an exchange, the reshipment will be at the expense of the consumer. In the event that the initial order benefited from free shipping, and if the amount of the returned item(s) brings the total below the amount eligible for free shipping, the refund will be deducted from the shipping costs due for all orders.
In case of exercising the right of withdrawal, the company Gold Baits will make every effort to process the consumer's request as soon as possible. However, given the technical nature of the products sold, this period may be extended to 30 days, in particular when the product needs a technical verification (products must be tested beforehand).
Article 17: Reimbursement
Whatever the reason for the refund request, it will be made by any means of payment, as soon as possible and at the latest within 30 days of receipt of the registered letter with acknowledgment of receipt of the refund request. . In any case, no refund can be made before full and final payment of the invoice.
Article 18: Rights of use
The right to use the software of the Gold Baits company, as well as those distributed by it, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the Intellectual Property Code. However, under Article L122-6-1 of this Code, the consumer has a right of reproduction exclusively for the establishment of a backup copy, when this is necessary to preserve the use of the software. In any event, the author of the software retains ownership rights over his work, which the consumer undertakes to respect.
Article 19: Force majeure
Neither party will have failed in its contractual obligations, insofar as their execution is delayed, hindered or prevented by a fortuitous event or force majeure. Will be considered as fortuitous event or force majeure all irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts. The party affected by such circumstances will notify the other within ten working days following the date on which it becomes aware of them. The two parties will then come together, within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party. Expressly, are considered as force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, disruption of telecommunications networks or difficulties specific to telecommunications networks external to customers.
Article 20: Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
Article 21: No waiver
The fact for one of the parties not to take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
Section 22: Title
In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 23: Applicable law
These general conditions are subject to French law. This is the case for rules of substance as well as for rules of form. In the event of a dispute or claim, the competent jurisdiction will be that defined by the conditions of common law.
Article 24: Computing and Freedoms
The information requested from the consumer is necessary for the processing of his order and may be communicated to the contractual partners of the company Gold Baits involved in the execution of this order. The consumer can write to the company Gold Baits to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company Gold Baits, in the conditions provided for by the law of January 6, 1978, either by email: info@boatsolutionfrance.com or by post: Gold Baits – Le Vernay – 03470 Pierrefitte sur Loire – France.