This website, www.barnettamerica.com, (collectively reffered to as the "Site" in these General Terms and Conditions) is owned and operated by Barnett Sports Inc. ("we", "us", "Barnett Sports Inc" or "Barnett"). By using and accessing our Site, you ("you", "user" or, "end user") agree to these General Terms and Conditions (collectively, the "GTC" or "General Conditions of Sale").
IF YOU DO NOT AGREE TO THE TERMS OF THIS GENERAL CONDITIONS OF SALE, IMMEDIATELY STOP ACCESSING THIS SITE.
1 - Scope
These general conditions of sale apply to all sales made through the websites of barnettamerica.com, and any order made to society Barnett Sports Inc.
2 - GENERAL
The sending of the order by the Client involves joining with these conditions.
3 - AVAILABILITY OF ARTICLES
To carry out our window and our catalogs, we work with our own databases, enriched from the information provided by our suppliers. These databases containing over 450 items, all is not stored in our reserves and our offer is conditional on the availability of items from suppliers. Any stock can not we be accordingly charged. Each customer is notified by mail or on the invoice for the products not available.
4 - WARRANTY
Barnett ensures only products of his mark against any manufacturing defects (parts and labor) for a period of one month from the date of delivery. All warranties are excluded in case of defects and damage from external events, accidents, including electrical accidents, wear, installation and use not in accordance with the instructions Barnett. Also excluded from this warranty, the products modified, repaired, installed or added by the customer, or any other person not authorized by Barnett and products subject to a specific support contract, or incorporated in facilities not compatible with the hardware Barnett.
Similarly, the guarantee will not play for defects and defects of the product for which any claim must be made by the customer within eight days of delivery of products, under penalty of forfeiture. In this case, the only obligation to Barnett is the repair or replacement of the product or part recognized as defective and returned to Barnett. Any return of product required to obtain warranty service must first be accepted by Barnett. To this end, the Customer will contact by email with the customer service Barnett. If the product is recognized as defective, Barnett send the Customer a return number of product. Any recognized defective product must be returned in its original packaging and accompanied by its packing list or invoice or number of return of product.
The costs and all risks related to the return of the product are charged to the customer. Any product or parts replaced under warranty become the exclusive property of Barnett. Interventions under the guarantee may not have the effect of extending this period if the asset is less than 7 days. The warranty is invalid if the product was used.
5 - ORDERS
All orders will be placed in writing, by fax, phone or Internet. The order confirmation will be sent to Barnett in writing (mail, fax, internet). An order shall become effective upon acceptance of Barnett. Where the command contains provisions contrary to the Terms and Conditions, the Customer has a period of 24 hours from receipt of acceptance of order to challenge these in writing. If no written protest, the General Sales Conditions shall be deemed accepted by the client in the absence of written protest of the latter within 24 hours from receipt of order acceptance.
6 - PRICE
The prices charged to customers for the products are final prices for the US and HT for any other country. These prices are based on the Barnett rate prevailing at the date of order. Orders for special services and products not included in the tariff Barnett will be charged at the price stipulated on the proposition. Barnett establishes its bills in CAD. The price is payable in full and in a single payment to the order. For deliveries outside mainland America, the costs of customs or local taxes shall be borne by the recipient.
7 - DELIVERY
Subject to specific provision, the products listed are fare Barnett delivered within one hundred eighty ten working days from the date of acceptance of the order by Barnett as defined in Article 2 above. Any penalty clause for delay that would be included by the Customer in his order has no effect under Article 1 of these Conditions of Sale.
8 - PLACE ORDER
It is understood that instead of taking control or order is the US territory and therefore subject to the US laws.
9 - RETENTION OF TITLE - RISK
Barnett expressly reserves ownership of the goods delivered until full payment of the purchase price and interest, costs and accessories. In this regard, do not constitute a payment under this provision, the discount deals, check or other xxxxxxxxxxxx as creating an obligation to pay. Payment can be made only upon the receipt of the price by Barnett. However, the risk passes to the customer upon delivery of products. Customer agrees to make every care in the custody and preservation of products and subscribe to any insurance "for whom it will be in accordance with Article L112.12 of the Insurance Code to cover damage and claims that may be caused to the products and by them. Until full payment, the customer will not pledge or in any way use the products as a guarantee. However, customers may use products under the normal course of business. In addition, the customer is not allowed to change or sell the products. The client undertakes to bring the goods purchased on a separate line of its balance sheet. In case of non-payment by the Client products at maturity, or in case of insolvency of the customer, Barnett, without losing any of his rights, claiming the products. Barnett may immediately make an inventory of products contradictory unpaid in possession of the customer, due to its claim against the defaulting customer, without any compensation, deposit or deposit offers can be opposed. The advance payments previously paid will remain committed to Barnett as a penalty.
10 - CONDITIONS OF PAYMENT
Unless otherwise stated specifically, the products are payable to the order. Any amount paid by the customer before the delivery of the product is an advance on the final sale price owed by the customer. In case of failure or delay, total or partial payment on the due date stated on the bills Barnett, the buyer incurs automatically default interest rate equal to the average monthly statutory interest increased by 1.5 percentage points, This does not prejudice the right of Barnett as stated in Article 8 above. The terms of payment may be delayed for any reason whatsoever. The customer will not exercise any lien on the price due to deadlines. The sale, transfer, re-pledge or contribution in company of all or part of its business or its equipment by the customer, as well as non-payment or acceptance of any of the treaties at maturity, allow Barnett without prejudice to any other rights of action, to suspend deliveries until full payment. The amounts due become immediately due.
11 - LIABILITY
Titles in databases barnettamerica.com were seized from the information provided by publishers. barnettamerica.com is not responsible for the content of the works and will not be held liable towards the buyer. The products offered meet the US legislation. barnettamerica.com disclaims any responsibility if the goods delivered do not meet the country of delivery (standards, censorship, prohibition of a title or author ...). barnettamerica.com disclaims any liability for breach of contract due to force majeure (strike, flood, fire ...). barnettamerica.com takes no responsibility for the content of sites on which hyperlinks may link from its own site.
12 - TERMINATION CLAUSE
Any total or partial payment by the customer of any of its obligations, the non-compliance with a maturity of any payment, an achievement credited to the customer, especially the revelation of a profit or a pledge on all or part of the merits of trade may result, according to Barnett, on the one hand, the netting, and consequently, the acceleration of amounts outstanding on any grounds whatsoever, and the suspension of any delivery, and secondly, the resolution of current contracts. The resolution of the contracts will automatically and without judicial formalities, after a period of eight days of sending the customer a notice to pay, by registered letter with acknowledgment of receipt, stating intend to use this clause, and remained without effect, without prejudice to other rights of Barnett
If implementation of this clause resolutory, Barnett or his representative is specifically authorized to enter the customer's premises to retake possession of the goods concerned by the application of Article 6. For individuals, it is expressly understood that Barnett can not be responsible for indirect damage or courses, or for any losses including loss of profit or use, and all damages or expenses arising from the use or the inability to use the product. This provision does not preclude the legal warranty for latent defects defined in Articles 1641 and following of the Civil Code if the product is sold to a consumer or a non-professional.
13 - BACK TO PRODUCTS
This clause does not apply with respect to the buyer if he has the quality of the consumer. The right of withdrawal may be exercised, unless the parties otherwise agree, contracts for the supply of goods made to the consumer's specifications or clearly personalized (products specifically customized colors, sponsors, and / or customer name , having been the object of a particular contract, and whose implementation will comply, will be resumed), or who, by virtue of their nature, can not be returned or are liable to deteriorate or expire rapidly. In the case of a return product, it must be returned by the customer to the carrier or Barnett in perfect condition in its original packaging and accompanied by his good return and proof of purchase ( invoice) within seven days beginning on the receipt of return. Upon receipt and verification, the refund will be made within 30 days. In all cases, the cost of return shall be borne by the customer.
14 - EXPORT CONTROL
Customer acknowledges that any products licensed or sold is subject to the regulations of export controls in force in the USA and France. The customer agrees not to export or reexport, directly or indirectly the product to any country or any end user, and for any use, restricted by the above regulations.
15 - FORCE MAJEURE
The parties incurred no liability for any failure due to force majeure. The performance of the obligation is delayed until the cessation of force majeure. If the force majeure continues beyond two months, the contract can be resolved without compensation from each other on the control of either party.
16 - DATA
Customer data can be stored in files and Barnett passed on within the group
17 - MISCELLANEOUS
These Conditions of Sale and the contracts concluded under are governed by the US law, to the exclusion of the Vienna Convention of 11 April 1980 on Contracts for the International Sale of Goods by barnettamerica.com