This translation is provided for information only. In the event of any discrepancy, the French version shall prevail.
1. Purpose
These General Terms and Conditions of Sale (GTCS) govern sales made on the website www.berbyka.fr between:
- BerByKa, SAS (simplified joint-stock company), whose registered office is located at 4 Rue Achille Viadieu, 31400 Toulouse, registered with the RCS (Trade and Companies Register) under number 10647075000014, hereinafter "the seller";
- And any natural or legal person making a purchase via the website, hereinafter "the customer".
2. Products
The products offered for sale are authentic Berber rugs and handcrafted accessories.
Each product is handmade and may show slight variations in size, colour or pattern, which are inherent to craftsmanship and a mark of authenticity.
3. Prices
Prices are stated in euros, inclusive of all taxes (VAT included), excluding delivery charges. Any delivery charges are shown to the Customer before the order is confirmed.
The Seller reserves the right to change its prices at any time; however, products will be invoiced on the basis of the prices in force when the order is confirmed.
4. Orders
The Customer confirms their order after accepting these GTCS.
Any order constitutes acceptance of the prices, lead times and characteristics of the products.
A confirmation e-mail is sent to the customer once the order has been confirmed.
5. Payment
Payment is due immediately upon ordering.
Accepted payment methods: bank card, PayPal, or any other secure method offered on the website.
The order will be shipped only after payment has been validated.
6. Delivery
Products are delivered to the address provided by the customer.
The seller cannot be held liable for any delay attributable to the carrier or to customs.
Lead times — European Union
| Stock location | Estimated lead time | Colissimo |
|---|---|---|
| Stock in France | 2 to 5 working days | Free |
| Stock in Morocco | 2 to 4 weeks | Free |
| Made to order | 4 to 10 weeks | Free |
Delivery areas
Free Colissimo delivery throughout the European Union
Germany · Austria · Belgium · Bulgaria · Southern Cyprus · Croatia · Denmark · Spain · Estonia · Finland · France · Greece · Hungary · Ireland · Italy · Latvia · Lithuania · Luxembourg · Malta · Netherlands · Poland · Portugal · Czech Republic · Romania · Slovakia · Slovenia · Sweden
Express delivery (Chronopost) may be offered as a paid option; its price is shown to the Customer before the order is confirmed.
Outside the European Union — paid delivery: the charges, which depend on the country and the chosen carrier, are shown to the Customer before the order is confirmed.
Country not offered on the website — contact us to arrange the delivery details together.
Important information
- The lead times stated are estimates and may vary depending on the carrier.
- A tracking number is sent to you by email as soon as the order is shipped.
- If you are not present at the time of delivery, a delivery notice is left.
- For bulky items (rugs), delivery is made to the doorstep.
7. Right of withdrawal
7.1 Withdrawal period
In accordance with Article L221-18 et seq. of the French Consumer Code, a Customer acting as a consumer has 14 days to exercise the right of withdrawal, without having to give any reason and without incurring any costs other than those provided for below.
This period runs from the receipt of the rug by the Customer, or by a third party designated by the Customer other than the carrier. For an order of several rugs delivered separately, it runs from the receipt of the last rug.
7.2 How to exercise your right of withdrawal
To exercise this right, the Customer must inform BerByKa of the decision, before the period expires, by means of an unequivocal statement:
- by e-mail to contact@berbyka.fr;
- or by post to: BerByKa, 4 Rue Achille Viadieu, 31400 Toulouse, France.
The Customer may use the model withdrawal form set out below, but is not obliged to do so. An acknowledgement of receipt of the withdrawal is sent to the Customer by e-mail.
7.3 Returning the rug
- The Customer must send the rug back no later than 14 days after communicating the decision to withdraw, to the following address: BerByKa, 4 Rue Achille Viadieu, 31400 Toulouse, France.
- The direct cost of returning the rug is borne by the Customer.
- The rug must be returned rolled up, protected and packed so that it is not damaged in transit.
- The Customer is liable only for any diminished value of the rug resulting from handling other than what is necessary to establish its nature, characteristics and functioning (for example: prolonged use, soiling, washing).
7.4 Refund
- BerByKa refunds all payments received, including the initial delivery costs. If the Customer chose a delivery method more expensive than the standard delivery offered (for example, express delivery), the additional cost is not refunded.
- The refund is made no later than 14 days from the day on which BerByKa is informed of the decision to withdraw. It may be withheld until the rug has been received back or until the Customer has supplied proof of having sent it back, whichever is the earlier.
- The refund is made using the same means of payment as was used for the order, at no cost to the Customer.
7.5 Exception: made-to-measure rugs
In accordance with Article L221-28(3) of the French Consumer Code, the right of withdrawal cannot be exercised for rugs made to the Customer's specifications or clearly personalised, i.e. rugs made to measure following a request via the "Tailor-Made" page (dimensions, colours or patterns defined by the Customer).
This exception does not apply to catalogue rugs, including those made to order identically to a model shown on the website: they benefit from the right of withdrawal under the conditions set out above.
7.6 Model withdrawal form
(Annex to Article R221-1 of the French Consumer Code. Complete and return this form only if you wish to withdraw from the contract.)
To BerByKa, 4 Rue Achille Viadieu, 31400 Toulouse, France — contact@berbyka.fr:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*) / received on (*): ……………………………………
Order number: ……………………………………
Name of consumer(s): ……………………………………
Address of consumer(s): ……………………………………
Signature of consumer(s) (only if this form is notified on paper): ……………………
Date: ……………………
(*) Delete as appropriate.
8. Damaged or non-conforming rug
If the rug is damaged on delivery or does not match the order, the Customer is asked to report this as soon as possible to contact@berbyka.fr, with photos, and, if the parcel is damaged, to record reservations with the carrier.
In this case, the return costs are borne by BerByKa, which will exchange the rug or issue a refund. These steps do not deprive the Customer of the legal warranties described in Article 9.
9. Legal warranties
All products benefit from the legal warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code).
Each rug is a unique handcrafted creation. Subtle variations in dimensions (a few centimetres) may occur, reflecting the authenticity and charm of handmade work.
10. Liability
The seller cannot be held liable for indirect damage arising from the use of the website or its products.
11. Data protection
The personal data collected is used solely for order management and communication with customers.
In accordance with the GDPR, the Customer has a right of access, rectification and erasure, which may be exercised by sending a request to: contact@berbyka.fr
12. Governing law and disputes
These GTCS are governed by French law.
In the event of a dispute, an amicable solution will be sought. Failing that, the competent court shall be that of the place of the seller's registered office.
