General Terms of Trade (GTT)
The present GTT are concluded between the company BEN BOR SARL, registered in the company’s register of Epinal (Nr. 435396643), place of business in 88340 Le Val d’Ajol/France, 5 Outremont, and each person willing to buy one or more items in the online-shop MasterCuisine of BEN BOR SARL (hereinafter “the customer”). BEN BOR SARL engages to respect the actual laws for distant selling.
2. Area of application
The present GTT regularize the selling conditions between BEN BOR SARL and its customers. They may be revised at any time and without advanced notice. Are to be applied the GTT which were valid by the conclusion of the contract.
3. Order and conclusion of the contract
The binding order of the customer is made in our online shop MasterCuisine.eu. The customer gets immediately a confirmation of his order at his e-mail address.
With his order the customer accepts the present GTT and confirms having completely been informed about his rights.
The contract is considered concluded as soon as we have shipped the ordered item(s) to the customer.
4. Prices and payment
Our indicated article prices include legal VAT but do not include shipping costs. VAT is not applied if a customer from an EU country indicates his international VAT number, or for any shipping to a country outside the EU (exports). The article prices can at any time be adapted. The valid article price of the customer’s order has to be applied.
Calculation of shipping costs is based on delivery country and total weight of the ordered items. The applied shipping rates can be inspected at any time in our online shop mastercuisine.eu.
The payment of the ordered items has to be made in advance (credit card, bank transfer or - within France - cheque). Not completely paid orders will not be shipped before complete payment of the total order amount.
5. Articles, shipping and risk of transport
The products are available within the existing stock and are shipped by post as soon as possible (normally within 24/48 hours). If a product should not be available rapidly or definitively, we will immediately contact the customer by mentioning an approximate delivery date or in order to propose him to send another, similar product or the payback of his money.
The products are shipped to the shipping address which has been indicated by the customer when passing his order. In case the customer is absent at the delivery date, he gets a collection invitation. If the parcel can not be delivered because of an incomplete or lacking delivery address, because of a long lasting absence or if the customer does not collect his parcel, the additional charges for a second shipping have to be beard by the customer; they have to be paid in advance before the second shipping takes place. Normally, the delivery takes place within 3 working days in France (MET) after the customer has passed his order. This delivery time is about 4 to 8 working days for shipping to a country of the European Union (EU). (Other countries at request.)
The loss-risk of the parcel is insured and the customer will be reimbursed after investigations by the post / shipping agent have been accomplished (replacement delivery).
The risk of transport is to be beared by the customer as soon as the parcel has left our offices and has been transmitted to the carrier / post.
If possible, open your parcel in the presence of the carrier / post agent. If individual products are missing or the parcel is damaged, please refuse acceptance of the parcel or note the exact transport damage by written at the carrier / postman and confirm it at the post / the shipping agent within 3 days by written. (Attention: describe exactly the type of damage of the items, formulations like “acceptance under reserve”, “subject to exact examination” or “parcel damaged” are not accepted by the insurances. Be as precise as possible like “parcel damaged - glass lid broken”.) Inform us about the damage (firstname.lastname@example.org) and send us pictures of the damaged parcel / products which we will transmit to the carrier / post in order to help you in your steps.
6. Right of withdrawal and right of return
The customer can, immediately after having got the order confirmation by e-mail, cancel his order by sending an e-mail to email@example.com.
The customer has the right to return the product purchased from us within a 14 days period beginning with the date of delivery of the order. Within this period, the customer may return one or more products he does not accept, together with a copy of his invoice or by indicating at least invoice number, invoice date and customer number. To respect the time limit, if will suffice to ship in time the products unscathed, unused and if possible in their original wrapping (date of post mark). The parcel has to be stamped sufficiently, insufficiently stamped parcels are not accepted. The customer bears the costs for the return.
The reimbursement of the article price will be made after reception and examination of the sent back goods.
The address for the return is as follows: BEN BOR SARL. MasterCuisine 5 Outremont. 88340 Le Val d'Ajol / France.
Business-customers are explicitly excluded from the right of return (see also paragraph 12 of the present GTT). .
7. Disputes and complaints
Complaints about the nature or the quantity of the gotten products have to be notified to us by written either by mail or e-mail (firstname.lastname@example.org) within 72 hours after receipt of the goods. After this laps of time, we will no longer be able to accept reclamations about the nature or the quantity of the products.
If possible, pictures should be added to the complaint. In case of product deficiency, BEN BOR SARL reserves the right to repair or to substitute the product.
If nothing else is noted in the description of the product, the legal minimal-guarantee is to be applied (conformity-guarantee, guarantee for hidden lacks, contractual guarantee). In the case of a manufacturer-guarantee, the customer can turn to the manufacturer, to his service-places or to us. Wear or the consequences of improper treatment do not fall under the guarantee-performances.
Products, that are sent to us - with guarantee or without guarantee - in order be repaired, must be sufficiently stamped, clean and dry. Please absolutely enclose a copy of your invoice or indicate at least invoice-number, invoice-date and customer-number.
9. Reservation of proprietary rights
Until complete and irrevocable payment, the goods remain the propriety of BEN BOR SARL. But the risk of the sold product passes to the customer when the goods are shipped (when the goods leave our localities).
In the case of force majeure, BEN BOR SARL can not be made responsible for the non-performance of the contract. This is also to be applied in the case of strikes or other disturbances when dealing with the post or transportation companies, problems or disturbances with the telecommunication, fire, floods and other storm-consequences etc.
The statements and pictures in the online shop are not binding. BEN BOR SARL cannot be held responsible for mistakes in the text or of the pictures and reserves the right to alter the offer and the prices at any time.
Neither BEN BOR SARL nor any party involved in creating or producing the articles offered by BEN BOR SARL can be liable for any direct, incidental, consequential, indirect or punitive damages arising out of improper use of the products.
11. Privacy and data protection
BEN BOR SARL commits itself not to pass on any customer-data or to sell them to third parties.
The customer has the right to insight and information of relevant data over him (according to law no 78-17 of 6.1.1978 about informatics, documents and rights). This right can be practiced by means of written inquiry at following address: BEN BOR SARL • MasterCuisine • 5 Outremont • 88340 Le Val d’Ajol/France .
12. From the present GTT aberrant clauses
Under certain circumstances (for example higher order sizes, special orders or custom-made products etc), from the present GTT aberrant clauses are to be applied (e.g. shipping and wrapping costs, right of return and right of withdrawal, warranty-conditions…). Please ask for our special conditions.
Any dispute arising hereunder will be settled before a competent court of law in Le Val d’Ajol, France, the place of business of the company.
Print version: General Terms of Trade (pdf - 23 KB)