Terms and Conditions of Sale
ARTICLE 1 - GENERAL PROVISIONS
GBM Consulting is a limited liability company with capital of 1,000 euros, trading under the name Far Yonder, with its registered office at 9 rue André Bellesort 22300 Lannion, registered on 08/02/2018 with the Trade and Companies Register of the Saint-Brieuc Commercial Court under number 835 276 973.
GBM Consulting is represented by its Chairman, Mr Maël Bourel.
The Company's contact details are as follows:
- Address: GBM Consulting 9 rue André Bellesort 22300 Lannion
- Email: support@les-baroudeurs.com
The Company publishes and operates the Site.
The Site is hosted by Rapidenet, 3 Rue Flaubert Suite 8 J5R 0E9 Candiac, Québec Site, support@rapidenet.ca, 1-866-570-2203.
These Terms and Conditions of Sale are intended to define the contractual relationship between the Company and the Buyer, along with the conditions applicable to any purchase of Products made through the website.
These Terms constitute a legally binding agreement between the Buyer and the Company, governing access to and use of the Site, including its subdomains and any other sites through which Far Yonder provides its Services.
As such, the Site may contain links to third-party websites or resources that may be subject to different Terms and Conditions of Sale and personal data protection practices.
The way in which Far Yonder collects and uses personal data in connection with access to the Site and the Customer's use of the Site is described in these Terms and Conditions.
ARTICLE 2 - DEFINITIONS
In these Terms and Conditions of Sale, words or expressions beginning with a capital letter shall have the following meaning:
« CUSTOMERS » : Refers to any trade professional, private individual or consumer who places an order with Far Yonder.
« PRODUCT CODE » : Refers, whether singular or plural, to the EAN code (barcode) or equivalent that serves as the identifier for a Product.
« TERMS AND CONDITIONS OF SALE » : Refers to this document, including its appendices.
" CONTENT " : Refers, without this list being exhaustive, to the structure and architecture of the Services, the editorial content, texts, sections, drawings, illustrations, photos, images, sounds, videos, as well as any other content present on the Services and/or any other element making up the Services.
" CONTRACT " : Refers to the agreement reached between the Parties, in respect of the performance of the Contract by the Company for the benefit of the Customer, following the Customer's acceptance of these terms and payment of their order, under the conditions defined below.
" COMPANY" : Refers to the company GBM Consulting, represented by its Chairman, Mr BOUREL, whose registered office is located at 9 rue André Bellesort, 22300 Lannion.
" PARTY/PARTIES " : Refers individually to the Company or a Customer, and collectively to the Company and a Customer.
" PRICE " : Refers to the price offered by the Seller for their offer to sell a Product.
" TRANSACTION PRICE" : Refers to the total price of the Product payable by the Buyer, comprising, in addition to the Sale Price of the Product, delivery charges set at a fixed rate.
" SITE " : Refers to the website owned and published by the company LES BAROUDEURS, available at the URL: https://les-baroudeurs.com/.
" USER " : Refers to any person who uses the Site or any of the Services offered on the Site or by the Company.
ARTICLE 3 – PURPOSE
The purpose of these General Terms and Conditions of Sale is, in particular, to set out their scope of application as well as the conditions for their acceptance.
They describe the products offered for sale, the conditions under which Customers order the said products, both in terms of payment and settlement arrangements and fulfilment arrangements, as well as the respective rights and obligations of the Parties.
The purchase of a product through this website implies the buyer's unreserved acceptance of these General Terms and Conditions of Sale, which the buyer acknowledges having read prior to placing their order.
The Company reserves the right, at its sole discretion, to amend or replace all or part of these Terms and Conditions of Sale at any time, in order to comply with any new regulations or to improve the use of its site.
It is the User's responsibility to visit the Site regularly to check whether any changes have been made.
As a result, the applicable Terms and Conditions of Sale shall be those in force on the date the Buyer places the order.
ARTICLE 4 - PRODUCTS
The products on offer are those listed on the FAR YONDER site, subject to availability.
Each product is presented on the website with a description covering its main technical characteristics (capacity, use, composition, etc.).
The description of the Product corresponds to its actual characteristics.
FAR YONDER states, at the very least: the name of the product, the essential characteristics of the Product, its condition of use, the Transaction Price and, where applicable, the Product Code.
The photographs are as accurate as possible but do not bind the Seller in any way.
FAR YONDER undertakes to carry out all necessary validations, checks and clarifications so that the description and details of the offer are accurate and do not mislead the Buyer.
To ensure compliance with the above requirements, FAR YONDER reserves the right to change the range of products at any time.
The sale of the products presented on the Site is intended for all buyers residing in countries that fully permit the entry of these products into their territory.
ARTICLE 5 - PRICES
Products are supplied at the prices in effect on the day the Customer places the order on the Site.
These prices are fixed and cannot be revised during their period of validity, as indicated by the Seller.
The prices shown on the product pages of the online catalogue are in Euros (€) inclusive of all taxes, taking into account the VAT applicable on the day of the order.
Any change in the VAT rate may be passed on to the price of the products.
The Company reserves the right to change its prices at any time, provided that the price shown in the catalogue on the day of the order shall be the only one applicable to the buyer.
The prices shown do not include delivery charges (except where stated otherwise), which are charged in addition to the price of the products purchased, depending on the total order amount and the agreed geographic zone. The prices shown also do not take into account any customs duties or insurance, which remain the responsibility of the Buyer.
ARTICLE 6 – ORDERS AND PAYMENT TERMS
Any order for Products offered on the Site requires your express and unreserved prior acceptance of these General Terms and Conditions of Sale, at the time your order is confirmed, under the conditions and in accordance with the terms set out in this Article.
By accepting these General Terms and Conditions of Sale, you:
- Declares that they have read and understood all of their provisions;
- Acknowledges that they have received the advice and information needed to ensure that the Products offered by the Seller meet their requirements;
- Declares that they are able to enter into a legally binding contract under French law, or are duly authorised to represent the individual on whose behalf they are acting.
Before placing any order, you must create an account on the Site.
The account creation section can be accessed directly from the side menu bar.
Each time you visit, if you wish to place an order or view your account (order status, profile, etc.), you'll need to log in using these details.
Payments can only be made using the payment method shown on the Site.
The Company lets you order and pay for your products in several steps, with a choice of payment option: secure payment by PAYPAL or secure payment by STRIPE.
You select the products you'd like to order in your "basket", amend it if needed (quantities, references, etc.), check your delivery address or enter a new one.
Delivery charges are then calculated and shown to you, along with the name of the courier.
You then choose your preferred payment method: "Payment by PAYPAL" or "Payment by STRIPE".
The next step invites you to check all the information, read and accept these General Terms and Conditions of Sale by ticking the relevant box, and then to confirm your order by clicking the "Confirm my order" button.
You have the option to check the details of your order, its total price, and to correct any errors before confirming your acceptance.
Finally, you are redirected to the secure PAYPAL or STRIPE interface so that you can safely enter your PAYPAL or STRIPE account details.
Payment by PAYPAL account or STRIPE account is irrevocable.
If your bank card is used fraudulently, you may request that the card payment be cancelled; the sums paid will then be credited back or refunded to you.
To obtain a refund of the fraudulent debit and any bank charges the transaction may have caused, the cardholder must, in accordance with legal requirements, dispute the debit with their bank in writing within 70 days of the transaction, or up to 120 days if their agreement with the bank provides for this.
Amounts debited are refunded by the bank within a maximum of one month after receipt of the cardholder's written dispute. No fee may be charged to the cardholder for the refund of these sums.
In the event that, for any reason whatsoever (objection, refusal or otherwise), the transfer of funds owed by the Buyer proves impossible, the order will be cancelled and the sale will not take place.
The Buyer acknowledges that acceptance of the offer is made with regard to the description of the Product being sold and constitutes a firm commitment to enter into a contract with the Seller on the terms of the offer.
However, the sales contract is concluded subject to the condition subsequent that the ordered Product is available. Confirmation of the Product's availability by the Seller removes this condition subsequent.
If the availability of the Product is not confirmed, the sales contract concluded between the Buyer and the Seller is automatically and immediately cancelled, and the obligations of each party are revoked as a matter of right.
It is specified that, in the case of a sales contract covering several Products, only the sales contract relating to the unavailable Product will be cancelled.
Confirming an order constitutes acceptance of these Terms and Conditions of Sale, acknowledgement of having fully read and understood them, and a waiver of the right to rely on the Buyer's own purchase conditions.
All data provided and the recorded confirmation shall serve as proof of the transaction.
Upon receipt of a booking confirmation from the Company, a legally binding agreement is formed with the Buyer.
An invoice is drawn up by the Seller and provided to the Buyer with each order.
The invoice states the names of the parties as well as their address and their billing address if different, the date of the sale or provision of service, the quantity, the precise description, and the unit price excluding VAT of the products sold and services provided, as well as any price reduction agreed as of the date of the sale or provision of services and directly linked to that sale or service transaction, excluding discounts not shown on the invoice.
The Site is secured using SSL encryption technology in order to protect, as effectively as possible, all sensitive data relating to payment methods.
Credit card information provided is encrypted using the SSL security protocol and stored with AES-256 encryption.
The Site meets the requirements of the PCI-DSS standard and implements additional standards generally recognised by the industry.
The PayPal and Stripe payment intermediaries used by Far Yonder likewise employ rigorous encryption processes that guarantee a reliable security protocol. These processes are governed by the General Terms and Conditions specific to these intermediaries.
ARTICLE 7 – DISCOUNTS AND REBATES
The prices offered to the Buyer include any discounts and rebates that the Seller may grant based on the quantity ordered at one time, or on the regularity of orders placed.
ARTICLE 8 – RETENTION OF TITLE
The Company retains full ownership of the products sold until the price has been paid in full, including principal, fees and taxes.
Notwithstanding the preceding paragraph, as soon as the Buyer (or a third party designated by the Buyer) physically takes possession of the ordered products, the risk of loss or damage to the products passes to them.
ARTICLE 9 – DELIVERIES
Products are delivered to the delivery address provided by the Buyer during the order process, subject to any delivery restrictions indicated by the customer on the order confirmation page.
Orders are handled by various carriers: ASM, Bpost, Chronopost, Colis Privé, DPD Belgium, FedEx, France Express (Geodis), i-Parcel, La Poste Colissimo, Mondial Relay, P&T Luxembourg, Paack, Pilot, Relais Colis, SDA, Swedish Post, Swiss Post, TNT France, TNT Italy, UPS, VIR.
Delivery times vary depending on the carrier and the Products ordered.
- Some Products are eligible for express delivery. Where applicable, Far Yonder undertakes to deliver to the Customer within 1 to 4 days.
- Where this option is not available or not offered to the Customer, Far Yonder delivers the ordered Products within 8 to 20 days for France, Belgium and Luxembourg, or within 10 to 20 days for Canada and Switzerland.
These Terms and Conditions of Sale refer to the provisions of Article L. 221-15 of the Consumer Code, which establish the seller's full legal liability for the proper performance of the entire contract up to and including delivery, whether the obligations are carried out by the seller itself or by other service providers.
The provisions of Articles L.216-1 and L.216-2 of the Consumer Code also apply.
Therefore, if delivery times exceed thirty days from the date of the order, you have the option to terminate the contract under the conditions and procedures set out in Articles L.216-1 and L.216-2 of the French Consumer Code.
More specifically, these articles respectively provide that:
"The trader shall deliver the goods or provide the service on the date or within the timeframe indicated to the consumer, in accordance with point 3° of article L. 111-1, unless the parties agree otherwise.
For the purposes of this title, "delivery" of goods means the transfer to the consumer of physical possession or control of the goods. In the case of goods with digital elements, delivery also includes the supply of these elements within the meaning of article L. 224-25-4.
In the absence of any indication or agreement as to the date of delivery or supply, the trader shall deliver the goods or provide the service without undue delay and no later than thirty days after the conclusion of the contract.
This chapter also applies to the supply of digital content on a physical medium used solely for its transport."
"Any risk of loss or damage to the goods is transferred to the consumer at the moment when they, or a third party designated by them, take physical possession of the goods."
If you have already received the Product, FAR YONDER will refund the product and the outbound delivery costs in accordance with the conditions set out in Article L.216-3 of the French Consumer Code.
Any delay in refunding that results from a delivery failure exposes the Seller to a surcharge of 10% for a delay of 30 days or less, 20% for a delay of 30 to 60 days, and 50% for a delay of more than 60 days.
The Company may provide you with your parcel's tracking number by e-mail via the Site.
The product is delivered to your home address or to a collection point, depending on the option chosen during the order confirmation process.
If you're not in when delivery is attempted, you'll receive a card from your postal carrier, allowing you to collect your ordered items from the nearest post office, or from a collection point, within a timeframe specified by the postal service.
You may also always report an issue to the carrier: Article L.133-1 of the French Commercial Code sets out a three-day period in which to raise objections with the carrier in the event of damage or partial loss during transport of the goods. In addition, Article L. 224-65 of the French Consumer Code provides that where the carrier cannot show that you were given a genuine opportunity to check the condition of the delivered goods, this period is extended to ten days.
Article 10 – TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
10.1 – Transfer of ownership
Ownership of the products will only transfer to you once the seller has received payment of the price in full, regardless of the delivery date of the products in question.
10.2 – Transfer of risk
The transfer of risk is independent of the transfer of ownership, regardless of the date of order or delivery of the products.
The risk of loss or damage to the products will only transfer to you after delivery of the product, once it has been received by you.
ARTICLE 11 – FORCE MAJEURE
Neither party may be held liable if the failure to perform, or delay in performing, any of their obligations as described in these Terms results from a case of force majeure within the meaning of Article 1218 of the French Civil Code.
ARTICLE 12 – RIGHT TO CANCEL
12.1 – Legal cancellation period
In accordance with current legislation, you have 14 days from receipt of your products to exercise your right to cancel, without having to give a reason or pay a penalty.
After notifying us of your decision to exercise your right to cancel within this 14-day period, you then have a further 14 days to send back the product(s) concerned by the cancellation.
12.2 Conditions for exercising the right to cancel
If the right to cancel is exercised within the period referred to in 12.1, only the price of the product(s) purchased and the delivery charges will be refunded; return costs remain your responsibility.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be resold as new, and, if possible, accompanied by a copy of the purchase invoice to help us process your return efficiently.
If the product depreciates in value as a result of handling beyond what is necessary to establish the nature, characteristics and proper functioning of the product, you may be held liable.
To exercise the right of withdrawal, in accordance with legal provisions, the Buyer will find attached at the bottom of this page, Appendix 2 of these General Terms and Conditions of Sale, a standard withdrawal form to be sent to the following email address: support@les-baroudeurs.com
The Buyer must express their wish to withdraw unambiguously and must mention the order concerned by this withdrawal.
Once the withdrawal form or declaration has been sent no later than 14 days after receiving their order, the Buyer must return the product(s) concerned within a reasonable period and, at the latest, within 14 days from sending the withdrawal form or declaration.
To obtain an estimate of the return costs they will bear, the Buyer can visit the supplier's website, as indicated in their order confirmation email.
This return cost estimate is not binding on the Company. The price to be paid for returning the product may vary depending on the carrier chosen by the Buyer to return the product(s).
12.3 - Products excluded from the right of withdrawal
In accordance with current regulations, the right of withdrawal cannot be exercised for audio, video or computer software recordings unsealed by the customer, goods made to the customer's specifications or personalised, and goods unsealed by the customer which cannot be returned for hygiene or health protection reasons. Likewise, the right of withdrawal cannot be exercised for gift boxes.
12.4 - Return address
GBM Consulting (Self Stock)
6 rue Jean Jacques Audubon
22300 Lannion
FRANCE
12.5 - Refund
If the right of withdrawal is exercised, the Company will refund the sums paid no later than 14 days from the date on which the Company is informed of the Buyer's decision to withdraw, using the same payment method as that used for the order (unless the Buyer expressly agrees to a refund using a different payment method).
This refund date may be deferred until the product has been recovered or until the Buyer has provided proof of shipment of the product, whichever occurs first.
If a refund is not made within 14 days from the date on which the Company is informed of the Buyer's decision to withdraw, FAR YONDER will be liable to refund the sums due, increased by the statutory rate if the delay is less than 11 days, by 5% if the delay is between 10 and 20 days, by 10% if the delay is between 20 and 30 days, by 20% if the delay is between 30 and 60 days, and by 50% if the delay is between 60 and 90 days.
The Company is not required to reimburse the Buyer for any additional costs if the Buyer has expressly chosen a delivery method that is more expensive than the standard delivery method offered on the Site.
Refunds for purchases made using gift vouchers will be issued exclusively in the form of gift vouchers, for an amount identical to that paid in this form.
Any benefits obtained when purchasing a product, in particular through a loyalty card, will be cancelled if the product is returned together with a refund for that product.
ARTICLE 13 – STATUTORY WARRANTIES
13.1 – Statutory conformity guarantee
In accordance with the legal requirements (Appendix 1), the seller is liable for any lack of conformity appearing on their products for two (2) years from delivery of the item. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, where installation was made the seller's responsibility under the contract or was carried out under the seller's responsibility.
This warranty applies by law in accordance with the provisions of the Appendix to Article D. 211-2 of the French Consumer Code.
A. - Notice included in the general terms and conditions of sale of goods (excluding domestic animals)
The consumer has a period of two years from delivery of the goods to claim the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.
Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension to the original guarantee.
If the consumer requests repair of the goods, but the seller insists on replacement instead, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.
Consumers may obtain a reduction in the purchase price while keeping the goods, or end the contract and receive a full refund in exchange for returning the goods, if:
1° The trader refuses to repair or replace the goods;
2° Repair or replacement of the goods takes place more than thirty days after the request;
3° Repair or replacement of the goods causes significant inconvenience to the consumer, particularly where the consumer permanently bears the cost of returning or collecting the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
Consumers are also entitled to a price reduction or to cancel the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation of the contract. In this case, consumers are not required to first request repair or replacement of the goods.
Consumers are not entitled to cancel the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights mentioned above arise from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects, in accordance with Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if you keep the goods, or a full refund in exchange for returning the goods.
The statutory conformity guarantee applies independently of any commercial warranty that may also cover the Buyer's item.
13.2 – Warranty against hidden defects in the item
It is a reminder that the consumer may decide to invoke the warranty against hidden defects in the item sold, within the meaning of Article 1641 of the French Civil Code, within two years of discovering the defect.
It is up to the Buyer to prove, in particular, that the defect existed at the time of purchase, that it was hidden, and that it renders the product unusable.
The Buyer may choose between cancellation of the sale or a reduction in the sale price, in accordance with Article 1644 of the French Civil Code.
This warranty therefore allows the Buyer to obtain free repair or exchange of their product, subject to the cost conditions set out by law.
Failing this, if repair or exchange is impossible or could not be carried out within one month of the item being taken in for assessment, the Company will refund the price of the Product to the Buyer.
To make use of this warranty, Products must be returned in the condition in which the Buyer received them, together with all accompanying items (accessories, instructions, etc.) and a copy of the purchase invoice.
Products returned by post must be packaged in a way that allows them to be transported in good condition. In this case, the cost of returning the product will be reimbursed to the Buyer based on the rate charged and on presentation of supporting evidence.
13.3 – Exclusion of statutory warranties
No warranty applies in the event of misuse, negligence or lack of maintenance by the Buyer, nor in the event of normal wear and tear of the Product or force majeure.
ARTICLE 14 - INTELLECTUAL PROPERTY
The content of the Far Yonder website, its name, trademark, logo and products are protected by French and international intellectual property law.
Any full or partial reproduction, adaptation, modification or distribution of this content is strictly prohibited and may constitute an act of copyright infringement.
It is prohibited to use, adapt, modify, create derivative works from, distribute, license, sell, transfer, publicly display, transmit, broadcast or otherwise exploit the Site in any other way.
Furthermore, the Company remains the owner of all intellectual property rights over the photographs, presentations, studies, drawings, designs, prototypes, etc., produced for the purpose of providing the Services to buyers.
Users of the Far Yonder website are therefore prohibited from reproducing or exploiting the aforementioned studies, drawings, designs and prototypes, etc., without the express, prior, written consent of the Company, which may make such consent conditional upon payment.
ARTICLE 15 - PERSONAL DATA
In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and with law 78-17 of 6 January 1978 as amended by law no. 2018-493 of 20 June 2018, it is hereby stated that personal identifying data - defined as any information relating, directly or indirectly, to a living person who is identified or identifiable - provided or supplied by the Customer, or collected from their browsing activity via tracking technologies implemented by the site publisher ("cookies"), is gathered for specific, explicit and legitimate purposes, and is subject to the User's clear and affirmative consent.
The collection of the User's personal data allows, among other things, the processing of their order and the issuing of invoices.
Where telephone details are collected, you are expressly informed that you can register free of charge on the BLOCTEL list opposing telephone marketing (www.bloctel.gouv.fr) in order to stop being contacted by telephone marketing, in accordance with law no. 2014-344 of 17 March 2014 on consumer affairs. Every consumer has the option of registering free of charge on this list via the website https://conso.bloctel.fr/index.php/inscription.php
As such, Far Yonder informs you of the use of cookies, their duration, their purpose and their provider.
The Site offers you a granular consent choice through a system in which you freely choose whether or not you wish to be tracked and to enable certain cookies rather than others on the website, via a hyperlink available at any time, such as "Learn more" or "Cookie settings".
Here is a list of cookies that Far Yonder uses:
_session_id, unique session identifier, allows Shopify to store information relating to your session (referrer, landing page, etc.).
_shopify_visit, no data retained, persists for 30 minutes from the last visit. Used by our website provider's internal statistics tracking system to record the number of visits.
_shopify_uniq, no data retained, expires at midnight (based on the visitor's location) the following day. Counts the number of visits to a shop by a unique customer.
cart, unique identifier, persists for 2 weeks, stores information relating to your shopping basket.
_secure_session_id, unique session identifier
storefront_digest, unique identifier, undefined if the shop has a password, used to determine whether the current visitor has access.
Our partner companies are not permitted to collect, process or use personal data from our website through cookies. However, we would like to introduce you to the following partner companies, which use cookies on our website and/or collect usage data.
Google Analytics
We use Google Analytics, a website analysis service provided by Google Inc. ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. Google Analytics also uses cookies (see above). The information generated by the cookies about your use of the site (including your IP address) is transmitted to a Google server in the United States and stored there. Google will use this information to evaluate your use of the website, compile reports for the provider on website activity, and provide other services relating to use of the site and internet usage. Google may also transmit this information to third parties where required to do so by law, or where such third parties process this data on Google's behalf. Google will not associate your IP address with any other data held by Google.
Facebook Plugins
Plug-ins from the social network Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ("Facebook") are used on our website. These plug-ins are identified by the Facebook logo or the wording "Facebook Social Plugin". You will find here an overview of Facebook plug-ins and their appearance. When you visit a page on our website that contains such a plug-in, your browser establishes a direct connection with Facebook's servers. The content of the plug-in is transmitted directly to your browser by Facebook and included in the page. Through this transmission, Facebook receives the information that your browser has visited the page on our website, even if you don't have a Facebook profile or aren't logged into Facebook. This information (including your IP address) is transmitted directly to a Facebook server in the USA, where it is stored. If you're logged into Facebook, Facebook can immediately link your visit to our website with your Facebook profile. When you interact with plug-ins, for example by clicking the Facebook "Like" button or leaving a comment, this information is transmitted and stored directly on a Facebook server. In addition, this information may (depending on your privacy settings on Facebook) be published on your Facebook profile and shown to your Facebook friends. The purpose and scope of the data collection and the processing and use of this data by Facebook, as well as your rights in this regard and the settings options available to protect your privacy, can be found in Facebook's data protection information. If you don't want data collected on our website to be transmitted directly to Facebook, you must log out of Facebook before visiting our site. You can also prevent Facebook plug-ins from loading entirely by using add-ons for your browser.
Instagram's service features are integrated into our online shop. These features are provided by Instagram Inc. ("Instagram"), 1601 Willow Road, Menlo Park, CA, 94025, USA.
If you're logged into your Instagram account, you can link the content of our pages to your Instagram profile by clicking the Instagram button. This allows Instagram to associate your visit to our pages with your account. We'd like to point out that, as the provider of the page, we have no knowledge of the content of the data transmitted, nor of how Instagram uses it.
For more information, you can see Instagram's privacy policy.
Use of Google Adwords Conversion Tracking
We use the Google Adwords online advertising programme, as well as Google Adwords Conversion Tracking. This conversion tracking is a service provided by Google Inc. ("Google"), 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. When you click on an advert served by Google, a cookie is placed on your computer for conversion-tracking purposes. These cookies are no longer valid after 30 days and do not contain any personal data, so they cannot be used as personal information.
If you visit certain pages on our site and the cookies have not yet expired, we may be able to recognise (together with Google) that you clicked on the advert and were redirected to this page. Each Google Adwords customer receives different cookies, which means cookies cannot be tracked across advertisers' websites.
The information collected through conversion cookies is used to generate conversion statistics for Google Adwords advertisers who opt for conversion tracking. It tells advertisers the total number of users who clicked on the adverts and were redirected to pages tagged for conversion tracking. However, advertisers do not receive any information that personally identifies users.
If you'd rather not take part in this tracking, you can opt out by preventing the installation of cookies through your web browser settings accordingly (opt-out option). You will not be included in the conversion-tracking statistics.
For more information on Google's privacy policy, please see the following pages:
Google's Privacy Rules and Terms of Use
Google's Privacy Policy
Facebook Pixels
This site uses the "Custom Audiences" Remarketing feature from Facebook Inc. ("Facebook"). This allows us to show visitors to our site targeted adverts based on their interests on the Facebook social network ("Facebook Ads"). To this end, the retargeting tag is implemented on our website. Thanks to this tag, a connection is established directly with Facebook's servers when you visit the site. Information viewed on the site is transmitted to Facebook's servers, and Facebook then links this information to your personal account. For more information on the collection and use of data by Facebook, as well as users' rights in this regard and the protection of private data, please consult Facebook's privacy policy. You can also disable the "Custom Audiences" feature at this address. To do so, you must be logged into Facebook.
As part of our banner adverts and retargeting advertising campaigns, we use third-party services that set cookies on our site. Here is the list:
- Doubleclick by Google, Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA
- Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA
- Criteo CIL, 32 Rue Blanche, 75009 Paris, France
Depending on the choices made when creating or accessing their account, the User may receive offers from the Company as well as from partner companies and brands.
The choice to accept or decline these tools applies to all tracking technologies implemented by the site's publisher.
Opening the "Find out more" section can under no circumstances be considered as obtaining the user's consent.
Where applicable, the Customer has the option to withdraw their consent as easily as they previously gave it.
All Customer consents are archived securely and in encrypted form.
Personal data may be shared with any of the Company's partners responsible for the execution, processing, management and payment of orders.
Generally speaking, third-party suppliers will only collect, use and disclose user information to the extent necessary to carry out the services they provide to FAR YONDER.
Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies regarding the information shared with them to process purchase transactions.
LES BAROUDEURS may also pass this information on to administrative and judicial authorities, in order to comply with its legal and regulatory obligations.
The processing of information provided via the LES BAROUDEURS website meets the legal requirements for the protection of personal data, with the information system used ensuring optimal protection of this data and lawful, fair and transparent processing with regard to the data subject.
In accordance with current national and European regulations, you have a permanent right of access, modification, rectification, objection, portability and restriction of processing in respect of information concerning you.
The data subject also has the right to obtain from the data controller the erasure, as soon as possible, of personal data concerning them, and the data controller is obliged to erase such personal data as soon as possible, under the conditions set out in Article 17 (the "right to erasure") of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
You simply need to write to Customer Service online at support@les-baroudeurs.com, stating your surname, first name, email address and, if possible, your customer reference.
In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature, and must specify the address to which the response should be sent. A response will then be sent to you within 2 months of receipt of the request.
Personal data is not kept for longer than is strictly necessary for the performance of these Services and for carrying out any marketing activities. Data will be deleted at the latest three (3) years after your last contact with LES BAROUDEURS, except for data required to establish proof of a right or contract, which may be lawfully archived for five (5) years.
ARTICLE 16 – PROHIBITED USES
In addition to the prohibitions set out in these Terms and Conditions of Sale, you agree not to use the site or its content:
(a) for illegal purposes;
(b) to encourage third parties to carry out or take part in illegal acts;
(c) to breach any regional ordinance or any international, federal, provincial or state law, rule or regulation;
(d) to infringe or violate FAR YONDER's intellectual property rights or those of third parties;
(e) to harass, abuse, insult, harm, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnic origin, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or could be used in a way that compromises the functionality or operation of the Service or of any other associated or independent website, or of the Internet;
(h) to collect or track other people's personal information;
(i) to spam, phish, hijack a domain, extort information, or crawl, explore or scan the web (or any other resource);
(j) for obscene or immoral purposes
(k) to infringe or circumvent the security measures of our Service, of any other website or of the Internet. FAR YONDER reserves the right to prevent a User from accessing the Service or any other related website where it is established that they have breached these Terms and Conditions.
ARTICLE 17 - HYPERLINKS
Hyperlinks may be present on the site.
Users are informed that by clicking on these links, they will leave the Site.
FAR YONDER accepts no responsibility for the content, advertising, products and/or services available on such third-party sites and mobile applications, which, as a reminder, are governed by their own terms of use.
FAR YONDER is also not responsible for transactions taking place between a User and any advertiser, professional or trader to whom the User may be directed via the Site, and cannot under any circumstances be party to any disputes with these third parties, particularly regarding the delivery of products and/or services, warranties, representations and any other obligations to which they may be bound.
Users must carefully read third parties' policies and practices and make sure they fully understand them before entering into any transaction.
Complaints, grievances and/or questions concerning these third parties' products must be submitted to those same third parties.
ARTICLE 18 - LIABILITY
FAR YONDER undertakes to provide its Services diligently and in accordance with best practice.
FAR YONDER undertakes to carry out regular checks to verify the operation and accessibility of the Site.
As such, FAR YONDER reserves the right to temporarily suspend access to the Site for maintenance purposes.
Likewise, FAR YONDER cannot be held responsible for any temporary difficulties or inability to access the Site arising from circumstances beyond its control, force majeure, or disruptions to telecommunications networks. Users are reminded of the complexity of global networks and the surges in usage that occur among users at certain times of day.
The products offered comply with current French legislation. FAR YONDER cannot be held liable in the event of non-compliance with the legislation of the country to which the product is delivered.
It is the Customer's responsibility to check with the relevant local authorities regarding the possibility of importing or using the products or services you intend to order.
The Services are provided by FAR YONDER "as is" and without any warranty of any kind, whether express or implied.
FAR YONDER does not guarantee to Users (i) that the services, which are subject to ongoing development to improve their usability and functionality, will be entirely free of errors, faults or defects, or (ii) that the Services, being standardised by nature, will specifically meet the User's individual needs and expectations.
To the extent permitted by applicable law, the Customer releases FAR YONDER from all liability for any claim, liability, damage or loss arising from or related in any way to (1) the Customer's failure to comply with these Terms, or (2) the Customer's breach of any law, regulation or third-party right.
In such a case, FAR YONDER, its directors, officers, employees, affiliates, agents, contractors, trainees, suppliers, service providers and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to loss of profits, revenue, savings, or data, replacement costs, or any similar damages, whether based in tort, strict liability or otherwise, arising from the use of the Service or any product(s) obtained through the Service, or for any other claim related in any way to the use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if the User has been advised of the possibility of such damages occurring.
ARTICLE 19 - APPLICABLE LAW – DISPUTES – HANDLING OF COMPLAINTS - MEDIATION
This contract is governed by French law. The language of this contract is French.
Any disputes to which the purchase and sale transactions concluded under these General Terms and Conditions of Sale may give rise, whether concerning their validity, interpretation, performance, termination, consequences or follow-up, and which could not be resolved between the Seller and the Buyer, shall be submitted to the French courts, which shall have sole jurisdiction.
Customer complaints must be submitted to the Company's customer service.
Customer service can be reached:
By post: GBM Consulting 9 rue André Bellesort 22300 Lannion
By email: support@les-baroudeurs.com
After submitting a complaint to the Company's Customer Service and if no amicable agreement can be reached, the consumer Customer is duly informed that they are entitled to use mediation in accordance with the provisions of Article L.612-1 of the French Consumer Code.
The Buyer may use the mediation service for consumer disputes relating to an order placed on the Site.
Whichever Party wishes to pursue mediation must first inform the other Party by recorded-delivery letter with acknowledgement of receipt, stating the reasons for the dispute.
After you have made prior written contact with LES BAROUDEURS, the Mediation Service Centre de médiation de la consommation de conciliateurs de justice (CM2C) can be called upon for any consumer dispute that has not been resolved.
Mediator website: https://www.cm2c.net/
Mediator contact email: cm2c@cm2c.net
Mediator contact number: 01 89 47 00 14
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and businesses within the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/.
ARTICLE 20 – REMARKS
You are invited and encouraged to share your remarks, comments and suggestions to help improve the Site and its overall user experience, by email, via the "Contact" section, or by any other means of communication.
If, at Far Yonder's request, a User submits specific content (for example, to take part in competitions), or if, without any request from the Site, a User sends creative ideas, suggestions, proposals, plans or other material, whether online, by email, by post or by any other means, that User grants Far Yonder, at all times and without restriction, the right to edit, copy, publish, distribute, translate and otherwise use such creative ideas, suggestions and proposals in any medium.
Far Yonder is, in particular, under no obligation to pay compensation to anyone for such creative ideas, suggestions or proposals, nor to respond to them.
Far Yonder reserves the right, at its discretion, to monitor, edit or remove content deemed illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or which infringes any intellectual property rights or these Terms and Conditions of Sale.
Users undertake to write comments that do not infringe the rights of third parties, including copyright, trade marks, privacy, personality rights, or other personal or property rights.
They also undertake that their comments will not contain illegal, defamatory, offensive or obscene content, and that they will not contain computer viruses or other malicious software that could in any way affect the functioning of the Service or any other associated website.
Users are fully responsible for the comments they post, as well as their accuracy. Far Yonder accepts no responsibility and disclaims all liability for any comment posted by Users or any other third party.
ARTICLE 21 – GENERAL PROVISIONS
These Terms and Conditions of Sale, together with any additional terms or rules that supplement them, constitute the entire Agreement between Far Yonder and the User and supersede all agreements regarding access to and use of the Platform.
These Terms do not confer, and are not intended to confer, any rights or remedies on any person other than the parties.
If any clause of these Terms is declared invalid, void or unenforceable, that clause shall be removed, and its removal shall not affect the validity and enforceability of the remaining clauses, which shall be considered severable.
The fact that the Company does not enforce a right recognised under these Terms, or a clause of these Terms, shall not be deemed a waiver of that right or clause, unless the Company expressly acknowledges and accepts this in writing.
The exercise by either party of any remedy available to it under these Terms shall be without prejudice to any other remedies available to it under these Terms or under the law.
ARTICLE 22 - AFFILIATION
This website confirms that it participates in the Amazon EU Associates Programme, a programme designed to allow websites to earn fees by linking to Amazon.fr. As an Amazon Associate, this website earns from qualifying purchases.
At any time, visitors remain entirely free to search for Amazon.fr products themselves, should they prefer not to use the site's links.
APPENDIX
Appendix 1
Legal guarantee of conformity - Appendix to Article D. 211-2 of the French Consumer Code
A. - Notice included in the general terms and conditions of sale of goods (excluding domestic animals)
The consumer has a period of two years from delivery of the goods to claim the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.
Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The legal guarantee of conformity requires the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without major inconvenience to them.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension to the original guarantee.
If the consumer requests repair of the goods, but the seller insists on replacement instead, the legal guarantee of conformity is renewed for a period of two years from the date the goods are replaced.
Consumers may obtain a reduction in the purchase price while keeping the goods, or end the contract and receive a full refund in exchange for returning the goods, if:
1° The trader refuses to repair or replace the goods;
2° Repair or replacement of the goods takes place more than thirty days after the request;
3° Repair or replacement of the goods causes significant inconvenience to the consumer, particularly where the consumer permanently bears the cost of returning or collecting the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
Consumers are also entitled to a price reduction or to cancel the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation of the contract. In this case, consumers are not required to first request repair or replacement of the goods.
Consumers are not entitled to cancel the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the repaired goods are delivered.
The rights mentioned above arise from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
Consumers also benefit from the legal guarantee against hidden defects, in accordance with Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles you to a price reduction if you keep the goods, or a full refund in exchange for returning the goods.
Article L. 217-4 of the Consumer Code
"The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
It is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation, where installation was made the seller's responsibility under the contract or was carried out under the seller's responsibility."
Article L. 217-5 of the Consumer Code
"The goods conform to the contract:
If it is fit for the purpose usually expected of a similar good and, where applicable:
- if it matches the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the manufacturer or their representative, in particular in advertising or on labelling;
Or if it has the characteristics agreed upon by the parties, or is suitable for any particular purpose sought by the buyer, made known to the seller and accepted by the seller.
Article L217-12 of the French Consumer Code
"Proceedings arising from a lack of conformity are subject to a limitation period of two years from delivery of the goods."
Article L. 217-16 of the French Consumer Code
"Where the buyer asks the seller, during the course of the commercial warranty granted at the time of purchase or repair of a movable item, for a repair covered by the warranty, any period during which the item is unavailable of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for repair or from the date the item is made available for repair, if this is later than the request for repair."
Article 1641 of the French Civil Code
"The seller is bound by a warranty on account of the hidden defects of the item sold which render it unfit for its intended use, or which reduce that use to such an extent that the buyer would not have acquired it, or would only have given a lower price for it, had they known of them."
Article 1648, first paragraph, of the French Civil Code
"Proceedings arising from latent defects must be brought by the purchaser within two years of discovering the defect."
Appendix 2 - Cancellation form
Please complete and return this form only if you wish to withdraw from your order placed on the LES BAROUDEURS website - except where exclusions or limits apply to the exercise of the right to cancel under the applicable Terms and Conditions of Sale.
For the attention of the company LES BAROUDEURS
I hereby give notice that I withdraw from the contract for the sale of the goods below:
Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)
Order number: ……………………………………………………………………..
Name of the consumer(s): ………………………………………………………………..
Address of the consumer(s): ………………………………………………………………..
Signature of the consumer(s) (only if notifying this form in paper form):
Date: ………………………………………………………………..