Terms And Conditions

Introduction

Preamble

The present general conditions of sale below govern exclusively the contractual relations between any user of the site B.S.M Company and the merchant B.S.M Company.

B.S.M Company, SARL with a capital of 8 000€, whose head office is located at 29 rue du Pressoir 69220 Belleville en Beaujolais and registered at the register of commerce and companies of Villefranche-Tarare under the number Siret 898 682 943 000 11 – VAT FR 92 898 682 943. The B.S.M Company is managed by Mr. William Rolland, Manager.

Fields of application and modification of the conditions of sale

These general conditions of sale apply to all the orders placed on the Internet site B.S.M Company.

These general conditions of sale can be modified later, the version applicable to the purchase of the customer is that in force at the day of the conclusion of the contract. The said GTC being downloadable and recordable on any support.

The Customer declares that he/she has read the present GTC, which can be freely consulted on the Site, before placing his/her order. In this respect, for each order on the Site, the Customer must confirm his acceptance of the GTC and have accepted them by checking the box “I have read the general conditions of sale and I adhere to them without reservation” provided for this purpose before the validation of his order. This confirmation, before validation of the order, is thus worth acceptance without restriction nor reserve of the present GTC and the particular conditions of its order (products, quantities, prices, mode and times of delivery, etc…).

Our offer

All offers of products, services and delivery terms at the prices indicated in euros (€) are valid in the European community.

The offers of Products are valid at the day of the placing of the order, after taking into account the validity of the payment and this within the limit of the available stocks.

B.S.M Company reserves the right to modify its offer and its range of Products at any time and without notice.

Exceptionally, a Product on the Site could be unavailable after final registration of the order or not expirable within a reasonable time, in this case B.S.M Company will inform the Customer by e-mail by proposing him two solutions:

For orders from the European Union:

The VAT rates applied will follow the European directives at the date of the order.

For orders from abroad or from DOM-TOM:

For any question about shipping costs for orders outside the European Union, contact our logistics team directly by email

vente@balcksheepmasters.com

A description with the essential characteristics of the product is present on each article that we sell. However, some minor variations may occur, that’s why it is recommended to contact our customer service in case of doubt by email.

Our teams do everything necessary to give a faithful image of the products offered for sale by the images or photographs used for their presentation. Nevertheless, variations may appear, notably due to technical limitations, color rendering or customer equipment (internet browser, screen used). B.S.M Company recommends that the customer refers to the description of the products on the site to know the essential characteristics.

Except in case of guarantee, any operation intervening between B.S.M Company and its customers, not disputed in the 14 days following the delivery, cannot give place to a complaint.

Account opening

Any order of Product on the Site passes necessarily by the creation of an Account by informing certain obligatory fields such as civility, first name, name, address e-mail, address of delivery, address of invoicing, telephone number, password….. and certain optional fields such as the date and the place of birth, a second telephone number… The information communicated by the Customer within the framework of the opening of his account customer or at the time of each of his orders will have to be complete, exact and up to date. Otherwise, B.S.M Company will not be able to execute the orders.

When the Customer has created a customer Account, this one connects by using his identifier a messenger address and the password previously informed.

The Customer can update and correct the data at any time by going to his Customer Account.

B.S.M Company cannot be responsible for any loss or damage that may occur as a result of a lack of protection of the login or password chosen by the Customer who retains the responsibility. If the Customer forgets his password, a function will allow him to recover it by means of his e-mail address.

Placing an order

The Products on sale on the Site are reserved for people with full legal capacity to place orders on the Site as defined by Articles 1123 and following of the Civil Code to place orders.

To place your order, we provide you with different means:

B.S.M Company
29 rue du Pressoir
69220 Belleville en Beaujolais – FRANCE

We will confirm you the reception of the order by e-mail.

Secure payment

Means of payment

B.S.M Company offers several methods of payment:

B.S.M Company
29 rue du Pressoir
69220 Belleville en Beaujolais – FRANCE

The bank checks must be payable by a bank domiciled in Europe.

In case of payment by check, the order will be treated only after the cashing of the check. Consequently, the applicable delays in this case are about five working days after the reception of the check. (Otherwise the order will be cancelled). All orders are in preparation as soon as the payment has been validated.

Security of the payments

B.S.M Company uses the 3D Secure protocol on credit card transactions. This device consists in ensuring the authentication of the bank card holder at the time of the payment.

The CIC controls the payments by checks in order to prevent the risks related to the fraudulent use of checkbooks.

The customer service B.S.M Company can ask by e-mail to the customer to communicate him proofs of identity and residence. The treatment of its order will begin only in reception of the requested justifications.

In accordance with the Data-processing law and Freedoms of January 6, 1978, the customer has, constantly, a right of access, of correction and opposition to the whole of his personal data by writing, by mail and by justifying of his identity, with Certegy – Legal service – 11 avenue Dubonnet – 92400 Courbevoie, France.

Obligation of payment of the placed orders

Any order placed on the site B.S.M Company obliges the customer to pay the full price.

The purchases realized on the site are subjected to a clause of property reserve. They remain the property of B.S.M Company until complete collection of the price of the order.

The load of the risks is transferred to the customer as of the delivery. From this moment, the customer is responsible for the good conversation of products.

B.S.M Company will have the right to refuse to carry out a delivery or to honour an order as soon as a fraud with the means of payment will be suspected or that an unpaid concerning a previous order remains.

Information on the products

The photographs, texts, graphics, information and characteristics reproduced illustrating the products are given as an indication and are subject to modification without notice.

The products sold by B.S.M Company can only be mounted on vehicles or systems recommended by the manufacturer or the equipment supplier, by a competent person and under his sole responsibility. B.S.M Company could not in no case to be held for person in charge of the consequences of a bad assembly or the use of an unsuited product on a vehicle.

Prices

The prices are indicated in euros and take into account the regulation on the V.A.T. according to the European directives at the date of the order.

Some discount coupons may not be active anymore if the validity date specified on its description is exceeded.

A contribution to shipping costs is requested from the customer, the amount of which varies according to the selected carrier and, if applicable, promotional discounts on shipping costs. The amount of the contribution to the shipping costs is indicated on the summary preceding the validation of the order.

V.A.T.

The European regulation of VAT in force at the date of registration of the order applies to all the invoices issued by B.S.M Company.

In case a product sold by the site B.S.M Company would be thereafter exported at the initiative of a customer towards the DOM-TOM or a country except European Union, the customer will be then considered as exporter and will make therefore his possible formalities of export and customs charges.

Availability

B.B.S.M Company will honor the orders within the limit of stocks available at B.S.M Company and its suppliers. In case of not availability of the ordered product, or in case of not acceptance by the customer of the delivery period that imposes this non-availability, B.S.M Company will propose a product of replacement or a refunding.

In case of unavailability of all or part of the order, and of refusal of the delivery period, of the products of replacement by the customer and of the proposal of a credit, the refunding will be made by bank check addressed to the name of the customer having placed the order and sent to the address of invoicing, by crediting the customer’s credit card, by crediting the customer’s Paypal account or by making a transfer according to the method of payment used by the customer at the time of the order, at the latest within fourteen (14) days from the payment of the sums paid by the customer.

Shipping terms and delays

Terms and conditions

The shipping times are expressed in working days, excluding holidays.

B.S.M Company undertakes to make its best efforts to ship your order as soon as possible and the shipping date that is given to you is indicative during the validation of your order.

In case of items deliverable on different dates given their availability, the shipping time is based on the longest time. B.S.M Company will have however the possibility of splitting the expeditions. In this case, the possible participation in the expenses of treatment and forwarding will be invoiced only for a single sending.

The standard articles: If the ordered Products cannot be sent within 30 days after the indicative date of expedition for any other cause that the force majeure or the fact of the Customer, the sale will be able to be solved at the written request of the Customer in the conditions foreseen in the articles L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer will be then restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention.

Custom-made items: They cannot be in stock. If the ordered Products cannot be sent within 60 days after the indicative date of expedition for any other cause than the force majeure or the fact of the Customer, the sale will be able to be solved at the written request of the Customer under the conditions envisaged in the articles L111-1 L216-1 L 216-2 L 216-3 L241-4 of the Code of the consumption. The sums paid by the Customer will then be restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or withholding.

Is considered as case of major force:

The Customer will have the possibility of following the routing of the parcel by connecting on his customer account.

B.S.M Company proceeds to the expeditions from Monday till Friday.

CAUTION: The customer is held to check the state of the packing as well as that of the products during the delivery. The customer must not sign the delivery order without issuing precise reserves (anomaly, damaged product…). The customer must also confirm the reserves to the carrier of the product(s) and transmit a copy of this letter to :

B.S.M Company,
29 rue du Pressoir,
69220 Belleville en Beaujolais. ,
France

If a parcel is damaged at the delivery, the customer must refuse it. Deliveries refused or made to an incorrect address will be redelivered subject to payment of new shipping costs.

Delivery methods and rates

Delivery in a relay point:

Delivery at home or at your workplace:

B.S.M Company can in no case be held responsible for a return delivery due to an error of address or an impossibility to deliver to the address indicated. An error of address of delivery, place of delivery or any other problem involving the necessity to carry out a new delivery will be the object of an invoicing to the Customer with the real expenses of the new delivery, which will be subjected to the payment of these additional expenses.

Deliveries are made from Monday to Saturday.

If the delivery could not be made, the parcel can be automatically deposited in a point relay or a post office near your residence. You will find, if the access allows it, a notice of passage in your mailbox. You can also be notified of a “digital notice of passage” by SMS or e-mail inviting you to go to the designated relay point to withdraw your package and the next day for a post office. You also have the possibility to track your parcel by logging into your customer account.

In case of impediment, you also have the possibility to authorize a person of your choice to withdraw your package. This person must have a letter of authorization signed by you, and his identity card. Attention, without withdrawal of the parcel in the relay point, the parcel will be returned to us.

For transport reasons, some products can not be shipped to some countries and Corsica. In this case, the information will be communicated to you by our customer service.

Taxes applied on your orders:

The amount of shipping costs (excluding duties and taxes applicable in your country) will be indicated to you when you choose the delivery method. For shipments to DOM/TOM and outside the EU, all duties and taxes are calculated by the customs services on the amount of the order, including transport upon receipt in the place of destination by the customs services.

Additional information:

Opening an investigation with the carrier

In case of non-receipt of an order within 72 hours after shipment in metropolitan France, you are invited to contact B.S.M Company to alert him of the delay in delivery by email to the address:

vente@blacksheepmasters.com

Control of the parcel

According to the selected carrier, the delivery of the parcel is made in point of withdrawal against signature, at home in hand (with or without signature) or directly in the mailbox of the customer.

Whatever the method of delivery of the parcel, the Customer is required to check the condition of the products delivered. He has a period of 3 days from delivery to formulate in writing (postal mail, e-mail) any reservations or claims for non-conformity or apparent defect of the products delivered (for example damaged package already opened …), with all the related documents (photos in particular). After this period and in the absence of having respected these formalities, the products will be considered in conformity and free of any apparent defect and no complaint could be validly accepted by B.S.M Company.

B.S.M Company will refund or replace as soon as possible and at its expense, the delivered Products whose defects of conformity or the apparent or hidden defects will have been duly proved by the Customer, under the conditions envisaged in the articles L 217-4 and following of the Code of the consumption and those envisaged with the present General Conditions of Sale

Right of withdrawal

In accordance with the article L. 221-18 of the Code of the consumption, as consumer (natural person who concludes an order with B.S.M Company by acting, at ends which do not enter within the framework of its commercial, industrial, artisanal, or liberal activity), the Customer has a deadline of fourteen days as from the reception of the Product to exercise its right of retractation near B. S.M. Company, without having to justify reasons or to pay a penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the notification to the Seller of the Customer’s decision to withdraw. The returns are to be made in their original state and complete (packaging, accessories, instructions…) allowing their return to the market in new condition, accompanied by the purchase invoice.

The right of withdrawal can be exercised online, using the withdrawal form available on the website “www.blacksheepmasters.com“, in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by B.S.M Company, or any other statement, unambiguous, expressing the desire to withdraw.

In case of exercise of the right of withdrawal within the above-mentioned period, only the price of the purchased Product(s) and the delivery costs shall be refunded; the return costs shall be borne by the Customer. The refund will be made within 14 days from the notification to the Seller of the decision to withdraw, using either a bank transfer or a check.

In the event that the conditions for exercising the right of withdrawal described above have not been met, while the Product has been returned by the Customer to B.S.M Company, the Customer may again receive, at his expense, the Product that he has returned, in the state in which it was returned to B.S.M Company. It will be up to the Customer to provide proof of this return, the costs and risks of return being borne by the Customer.

No cash on delivery will be accepted.

Conditions of return

The Products must be returned to the following address

B.S.M Company,
1172 chemin du Champ de Roy,
69140 Rillieux la Pape,
France

You must return the products without excessive delay and at the latest within fourteen (14) days from the communication of your decision of retraction.

The products must be returned properly protected (in their original packaging), in perfect condition for resale (not damaged or soiled by the customer), accompanied by any accessories (the products must not have any traces of assembly or be removed from their blister pack).

Note:

Products must not have been used to an extent that exceeds what is necessary to establish the characteristics and proper functioning of the product. Thus, they must not bear the mark of a prolonged assembly or use. They must be in perfect condition for resale, and be suitable for resale.

Any parcel for which no element allows to identify the sender (name, first name, address, order number) will not be accepted.

Litigation

All the disputes to which the operations of purchase and sale concluded in application of the present GCS could give place, concerning so much their validity, their interpretation, their execution, their cancellation, their consequences and their continuations and which would not have been able to be solved between B.S.M Company and the Customer, will be subjected to the competent courts under the conditions of common law.

The Customer is informed that he can in any case resort to a conventional mediation, in particular by the means of the platform of “Online Dispute Resolution” accessible at the following address http://ec.europa.eu/consumers/odr/ or with the existing sectorial mediation authorities, and whose references appear below, or with any alternative mode of dispute resolution (conciliation, for example).

Contact details of the Mediator (website) :

Rolland William,
B.S.M Company,
Email : william.rolland@blacksheepmasters.com

The customer, noting that a violation of the general regulation on the protection of personal data would have been committed, has the possibility of mandating an association or an organization mentioned in IV of the article 43 ter of the data-processing law and freedom of 1978, in order to obtain against the person in charge of treatment or subcontractor, repair in front of a civil or administrative jurisdiction or in front of the national commission of data processing and freedom.

Guarantee of the products

B.S.M Company is held to deliver a good in conformity with the order and answers of the defects of conformity during the delivery, in accordance with articles L.211-4 and following of the Code of the consumption and the redhibitory defects, or hidden defects of the sold thing, under the conditions envisaged in articles 1641 and following of the Civil code and 2232 of the Civil code.

These guarantees are exercised with B.S.M Company at the following address: 29 rue du Pressoir 69220 Belleville en Beaujolais, France

According to the article L. 217-5 of the Code of the consumption: ” To be in conformity with the contract, the good must :

  1. be fit for the purpose usually expected of a similar good and, where appropriate :
  1. or have the characteristics defined by mutual agreement between the parties or be fit for any special purpose sought by the buyer, brought to the attention of the seller that the latter has accepted.” When acting in legal warranty of conformity, the Customer:

Warranty of hidden defects

In the event that the action based on the guarantee of hidden defects of the thing sold is brought within two years of the discovery of the hidden defect by the Customer, under the conditions provided for in Articles 1641 et seq. of the Civil Code, the latter may request either the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Provisions of the law «informatique et libertés»

Law 78-17 of January 6, 1978, modified by law n°2018-193 of June 20, 2018:

At any time, “you have the right to access, modify, rectify and delete data concerning you (art 34 of the law “Informatiques et Libertés” of January 6, 1978). The customer can exercise this right directly by sending an e-mail to

contact@blacksheepmasters.com

Entirety

In the event that one of the clauses of this contract is null and void due to a change in legislation, regulations or a court decision, this will not affect the validity and respect of these general sales conditions.

Responsibilities

This contract is subject to French and European law.

The sites linked directly or indirectly to the B.S.M Company site are not under the control of B.S.M Company. Consequently, B.S.M Company does not assume any responsibility as for the information published on these sites. Links to third party sites are provided solely as a convenience to you and do not imply any responsibility for their content.

All Products sold by B.S.M Company are guaranteed under the conditions provided in Article 13 above.

The responsibility of B.S.M Company would not know how to be engaged, including under the legal guarantees, in the following cases:

B.S.M Company does not engage any responsibility or guarantee in case of

The Party noting the event of major force will have to inform without delay the other Party of its impossibility to execute its obligations In the hypothesis of the occurrence of a case of major force B.S.M Company would not know how to be held for person in charge of the inexecution of the concluded contract. The suspension of its obligations will not be able to in no case to be a cause of responsibility for non-execution of the obligation in cause, nor to induce the payment of damages.

The contract will be immediately suspended from the date of notification made by B.S.M Company. The cessation of this event and the execution of the contract will then resume immediately on the date of this notification.

Is considered as case of major force:

In case of dispute, the customer is invited to contact our customer service by email at vente@blacksheepmasters.com in order to seek an amicable settlement.

In case of dispute, the French courts (metropolitan France, including Corsica) will be only competent.

Copyright

The content of the Site is the property of B.S.M Company and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

The violation of one of the copyrights of the work is an offence of counterfeiting punishable, under the terms of the article L.335-2 of the Code of the Intellectual Property, of 3 years of imprisonment and 300 000 euros of fine. B.S.M Company and its logo are a trademark and a logo registered with the INPI. Any other mark present on the site B.S.M Company is the property of the concerned company.

In spite of a watch and a daily update, B.S.M Company cannot incur responsibility because of technical inaccuracies, typographical errors or omissions that the contents of the site can comprise, nor for the results which could be obtained by the use of this information. If a customer notices this type of problem, he can inform B.S.M Company directly online on the site via the contact form.

contact@blacksheepmasters.com

Customer service

The customer service of B.S.M Company is reachable from Tuesday till Saturday by mail:

vente@blacksheepmasters.com

By mail :

B.S.M Company,
29 rue du Pressoir,
69220 Belleville en Beaujolais,
France

You can download the GTC and print them via the link: Terms and conditions

APPENDIX I – Provisions relating to legal guarantees

Article 1123

A preference pact is a contract by which a party undertakes to offer to deal with the beneficiary on a priority basis in the event that the beneficiary decides to contract.

Where a contract is made with a third party in breach of a preference pact, the beneficiary may obtain compensation for the harm suffered. Where the third party knew of the existence of the pact and the beneficiary’s intention to avail himself or herself of it, the beneficiary may also sue for nullity or ask the judge to substitute the third party in the contract concluded.

The third party may ask the beneficiary in writing to confirm, within a time limit that the third party sets and that must be reasonable, the existence of a preference pact and whether he intends to avail himself of it.

The written request shall state that if the beneficiary fails to reply within that period, he may not seek to have the agreement replaced by a contract with the third party or to have the agreement declared null and void.

In accordance with Article 9 of Ordinance No. 2016-131 of February 10, 2016, as amended by Article 16 of Law No. 2018-287 of April 20, 2018, these provisions will take effect on October 1, 2016. Contracts entered into before that date shall remain subject to the former law, including for their legal effects and for provisions of public order.

However, the provisions of the third and fourth paragraphs of this article shall apply as of the entry into force of the said ordinance.

Article L111-1

Before the consumer is bound by a contract for the sale of goods or provision of services, the trader shall communicate to the consumer, in a legible and comprehensible manner, the following information

  1. The essential characteristics of the goods or services, taking into account the communication medium used and the goods or services concerned
  2. The price of the good or service, pursuant to articles L. 112-1 to L. 112-4 ;
  3. In the absence of immediate performance of the contract, the date or period within which the professional undertakes to deliver the goods or to perform the service;
  4. Information relating to his identity, postal, telephone and electronic contact details and his activities, insofar as they are not apparent from the context;
  5. Where applicable, information relating to legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence of any restrictions on the installation of software, the existence of and procedures for implementing guarantees and other contractual conditions;
  6. The possibility of having recourse to a consumer mediator under the conditions provided for in Title I of Book VI.

The list and the precise content of this information are set by decree in the Council of State.

The provisions of this article also apply to contracts for the supply of water, gas or electricity, when they are not packaged in a delimited volume or in a specific quantity, as well as district heating and digital content not supplied on a physical medium. These contracts also refer to the need for sober consumption and respect for the preservation of the environment.

Article L216-1

The trader shall deliver the goods or provide the service on the date or within the period indicated to the consumer, in accordance with the third paragraph of Article L. 111-1, unless the parties have agreed otherwise.

In the absence of any indication or agreement as to the date of delivery or performance, the trader shall deliver the goods or perform the service without undue delay and no later than thirty days after the contract is concluded.

Delivery shall mean the transfer to the consumer of physical possession or control of the goods.

Article L216-2

If the trader fails to fulfil his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of Article L. 216-1 or, failing that, no later than thirty days after the conclusion of the contract, the consumer may rescind the contract by registered letter with acknowledgement of receipt or by a written document on another durable medium if, after having enjoined the trader to deliver the goods or provide the service within a reasonable additional period, the trader has not done so.

The contract shall be deemed to be terminated on receipt by the trader of the letter or writing informing him of such termination, unless the trader has performed in the meantime.

The consumer may immediately rescind the contract where the trader refuses to deliver the goods or provide the service or where he fails to perform his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in the first paragraph of Article L. 216-1 and where that date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request of the consumer before the conclusion of the contract.

Article L216-3

When the contract is terminated under the conditions provided for in Article L. 216-2, the trader shall reimburse the consumer for all sums paid, at the latest within fourteen days of the date on which the contract was terminated.

Article L241-4

When the professional has not reimbursed the totality of the sums paid by the consumer under the conditions provided for in article L. 216-3, this sum is automatically increased by 10% if the reimbursement occurs at the latest thirty days after this term, by 20% up to sixty days and by 50% thereafter.

Article L217-4 of the Consumer Code

The seller is obliged to deliver a good in conformity with the contract and is responsible for the defects of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.

Article L217-5 of the Consumer Code

To be in conformity with the contract, the good must :

Article L217-12 of the Consumer Code

The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.

Article L217-16 of the Consumer Code

When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, 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 date of the buyer’s request for intervention or from the time the item in question is made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known about them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.