General Terms and Conditions of Sale
DEFINITION OF THE PARTIES
Between the company Timber Bear,
15 Route de Haguenau, 67360, Morsbronn-les-Bains,
with a share capital of €10,000,
registered in the Trade and Companies Register of Morsbronn-les-Bains,
under SIRET number 83216658100021,
represented by Sébastien MAPPUS as Co-Manager,
duly authorized for the purposes hereof.
The company can be contacted by email via the contact form available on the homepage of the website.
Hereinafter referred to as the "Seller" or the "Company".
On the one hand,
And the natural or legal person purchasing products or services from the company,
Hereinafter referred to as the "Buyer" or the "Customer".
On the other hand,
PREAMBLE
The Seller is a publisher and distributor of products from the brands Stubai and Observer Tools, sold directly through its website (https://www.timber-bear.com). The complete list of products offered, along with their detailed descriptions, is available on the website and on the corresponding sales pages. Each product page specifies the technical characteristics, price, and applicable delivery terms.
ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the online sale of products and services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTCS) apply to all sales of products or services carried out via the Company’s website and form an integral part of the contract between the Buyer and the Seller. The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTCS are those in effect on the date of payment (or the first payment in the case of multiple payments) of the order. These GTCS are available on the website. The Company also ensures that their acceptance is clear and unconditional at the time of purchase. The Customer acknowledges having read all of these General Terms and Conditions of Sale, and, where applicable, any Specific Terms and Conditions related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that they have received the necessary advice and information to ensure the suitability of the offer for their needs.
ARTICLE 3 – PRICE
The prices of the products sold on the website are indicated in euros, excluding or including taxes, as specified on the product pages and the order page, excluding shipping costs. Customs duties, local taxes, or import taxes are the responsibility of the Buyer. The Seller reserves the right to modify its prices at any time for future sales. Any telecommunication costs necessary to access the website are the responsibility of the Customer.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow the specific steps for each product or service to complete their order:
- Information on the essential characteristics of the product
- Selection of the product and its options
- Acceptance of the GTCS
- Verification of the order details
- Payment for the products
- Delivery of the products
The Customer will receive confirmation of payment and a PDF copy of the invoice.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods and services, as well as their prices, are indicated on the website. The Seller undertakes to fulfill the order within the limits of available stock. Illustrations or photos are not contractually binding. Defective or non-conforming products can be exchanged or refunded.
ARTICLE 6 – RETENTION OF TITLE CLAUSE
The products remain the property of the Company until full payment of the price has been made.
ARTICLE 7 – DELIVERY TERMS
The products are delivered to the address provided at the time of order. The indicated delivery time does not include the order preparation time. The Seller provides a contact point to ensure order tracking. Risks are transferred to the Customer upon physical receipt of the products.
ARTICLE 8 – AVAILABILITY AND PRESENTATION
Orders are processed based on available stock or subject to supplier stock availability.
ARTICLE 9 – PAYMENT
Payment is due immediately upon order, including for preorders. Payment can be made by card or bank transfer upon request. The information transmitted is secure. In case of an error or inability to process the payment, the order will be canceled.
ARTICLE 10 – WITHDRAWAL PERIOD
In accordance with Article L. 121-20 of the French Consumer Code, the consumer has a period of fourteen days to exercise their right of withdrawal for:
- Products in stock
- Accessories
- Clearance products
- Gift cards
Except for products made to order. Customized products or those available in multiple patterns and colors are manufactured only upon order and cannot be canceled. Therefore, the withdrawal period does not apply to these products.
Except, if applicable, for return shipping costs.
The period mentioned above starts from the date of receipt for goods or from acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company via email or phone. If the right of withdrawal is exercised within the above-mentioned period, only the price of the purchased product(s) and the shipping costs will be refunded, while return shipping costs remain the responsibility of the Customer. Returns must be made in their original and complete condition (packaging, accessories, instructions…) so that they can be resold as new, and should, if possible, be accompanied by a copy of the proof of purchase.
ARTICLE 11 – WARRANTIES
The Seller provides the legal guarantees of conformity and against hidden defects. Defective or non-conforming products can be refunded or exchanged by contacting the Seller.
ARTICLE 12 – CLAIMS
The Buyer may submit any claim by phone, email, or regular mail.
ARTICLE 13 – INTELLECTUAL PROPERTY RIGHTS
Trademarks, products, software, images, videos, texts, and other information remain the exclusive property of the Seller. Any reproduction or use is prohibited.
ARTICLE 14 – FORCE MAJEURE
The Seller’s obligations are suspended in the event of force majeure. The Customer will be informed as soon as possible.
ARTICLE 15 – INVALIDITY AND AMENDMENT OF THE CONTRACT
If any clause is canceled, it does not affect the other clauses. Any modification requires a written agreement between the parties.
ARTICLE 16 – GDPR AND PERSONAL DATA PROTECTION
In accordance with the GDPR, the Customer has rights regarding their personal data. Acceptance of the GTCS constitutes consent to the collection and use of data for the performance of the contract.
ARTICLE 17 – APPLICABLE LAW
All purchase and sale clauses and transactions are subject to French law.