Terms and Conditions of the website www.burdis-poultry.com
ARTICLE 1. PARTIES
These terms and conditions are applicable between Burdis, SARL, capital stock: €41,000, RCS Saint-Etienne: 344 753 777, headquarters: 7 allée du Vorzelas, 42480 La Fouillouse, France, tel: +33477305931, email: info@burdis.fr, intracommunity VAT no.: FR 07 344753777, hereinafter "Burdis-Poultry.com" and any person, physical or moral, private or public, registered on the Website, hereinafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any person or entity, private or public, registered on the Website.
"Website content": Any kind of information published on the Website, that may or may not be protected by intellectual property rights, such as text, images, designs, presentations, videos, diagrams, structures, databases, or software.
"Burdis-Poultry.com": Burdis SARL taken as publisher of the Website.
"Internet user": any person or entity, private or public, logging on to the Website.
"Product": well presented on the site and consisting of equipment for the manual slaughter of poultry.
"Website": website accessible at the URL www.burdis-poultry.com, as well as sub-sites, mirror sites, portals, and changes in URL.
ARTICLE 3. FIELD OF APPLICATION
Access to the Website is free of charge to any Internet user. Browsing on the site implies that Internet users agree to these terms and conditions. Simply connecting to the Website by any means whatsoever, including via a robot or a browser, involves the full acceptance of these terms and conditions.
When registering on the Website, this acceptance will be confirmed by ticking the box for the following sentence:"I have read and accept the terms and conditions". By doing so, the user acknowledges having read, understood, and fully accepted them.
Ticking the above box will be deemed to have the same value as a handwritten signature on behalf of the Internet user. The Internet user recognizes the evidential value of Burdis-Poultry.com's automatic registration system and, unless contrary evidence can be provided, they renounce to contesting it in the case of a dispute.
These terms and conditions apply to the relations between the parties, excluding all other conditions, especially those of the Internet user.
The acceptance of these terms and conditions entails that the Internet users have the legal capacity to do so, or if this is not the case, they have the permission from a guardian or trustee if they are not capable, their legal representative if they are minors, or they are holders of a procuration if they are acting on behalf of a corporation.
ARTICLE 4. PURPOSE OF THE WEBSITE
The purpose of the Website is the presentation of the Products. Any Internet user interested in a Product is invited to contact Burdis-Poultry.com directly via the form provided for this purpose on the Website in order to get a quote. When drawing up the quote, the Internet user must specify which products interest them and the corresponding quantities.
ARTICLE 5. CUSTOMER SERVICE
The Customer Service of the Website is available from Monday to Thursday from 8:30 am to 12 pm and from 1:30 pm to 5:30 pm and Friday from 8 pm to 12 pm at the following non-surcharged telephone number: 0033477305930, by email at: info@burdis.fr or by letter at the following address: BURDIS – 7 allée du Vorzelas BP705 – 42484 La Fouillouse Cedex – France. In the latter two cases, Burdis-Poultry.com undertakes to provide an answer within 2 working days.
ARTICLE 6. PERSONAL ACCOUNT
6.1. Creating the Personal Account
The creation of a personal account is a prerequisite for any quote requests. To this end, the Internet user will be asked to provide certain personal information. Some of this information is deemed essential for the creation of the personal account. The refusal by an Internet user to provide such information will effectively prevent the creation of a personal account and, incidentally, the quote request.
During the creation of the personal account, the Internet user is asked to choose a password. This password is the guarantee of confidentiality of information contained in the personal account. The user should therefore refrain from sending or disclosing it to a third party. Otherwise, Burdis-Poultry.com cannot be held responsible for unauthorized access to the user's personal account.
The Client agrees to regularly check their personal information, and visit their personal account to make any necessary updates and changes.
6.2. Content of the Personal Account
The personal account allows the Customer to consult and follow all quote requests made on the Website and manage their personal information.
Pages on personal accounts are freely printable by the account holder in question, but do not constitute as admissible evidence in court. They are for informational purposes only and are intended to ensure effective management of orders by the Customer.
Burdis-Poultry.com is committed to keeping secure all contractual elements whose storage is required by the law or regulations in force.
6.3. Deleting the Personal Account
Burdis-Poultry.com reserves the right to delete the account of any Customer who violates these terms and conditions, particularly when the Customer provides inaccurate, incomplete, misleading, or fraudulent information and when the personal account of a Customer remains inactive for at least one year. This deletion will not be deemed as a fault of Burdis-Poultry.com nor as damage to the excluded member who cannot claim any compensation as a result.
This exclusion is without prejudice to the possibility for Burdis-Poultry.com to initiate judicial proceedings against the Customer, if justified by facts.
ARTICLE 7. RESPONSIBILITY OF BURDIS-POULTRY.COM
7.1. Nature of Burdis-Poultry.com's Obligations
Burdis-Poultry.com is committed to providing the care and diligence necessary for the provision of quality services that meet the specifications of these terms and conditions. Burdis-Poultry.com only answers for an obligation of means concerning the services of these terms and conditions.
Burdis-Poultry.com undertakes to respect the laws and regulations in force, in France and internationally, concerning animal rights and undertakes that its services are carried out with respect to these rights.
7.2. Force Majeure - Fault of the Customer
Burdis-Poultry.com is not liable in cases of force majeure or the fault of the Customer, as defined in this section:
7.2.1. Force Majeure
Within the meaning of these terms and conditions, any impediment, limitation, or inconvenience of the service due to fires, epidemics, explosions, earthquakes, bandwidth fluctuations, negligence attributable to the provider, failure of transmission networks, collapse of facilities, illegal or fraudulent use of passwords, codes, or references provided to the Customer, hacking, a safety breach due to the Website host or developers, floods, power failure, war, embargos, law, injunctions, government requests or requirements, requisitions, strikes, boycotts, or other circumstances beyond the reasonable control of Burdis-Poultry.com will be considered as force majeure opposable against the Customer. In such circumstances, Burdis-Poultry.com shall be relieved of performing their obligations within the limits of this impediment, limitation, or inconvenience.
7.2.2. Fault of the Customer
For the purposes of these terms and conditions, any misuse of the Service, fault, negligence, omission, or failure on their part or that of their employees, failure to comply with advice given by Burdis-Poultry.com on its website, any unauthorized disclosure or use of password, codes, and references of the Customer, and the provision of misinformation or lack of updates of such information in their personal account will be considered a fault of the Customer, opposable against them. The implementation of any technical process, such as robots or automated queries whose implementation would violate these terms and conditions will also be considered a fault of the Customer.
7.3. Technical Problems - Hypertext Links
If the Website cannot be accessed due to technical problems of any kind, the Customer cannot claim injury and may not claim any compensation. The unavailability, even extended without any limitation period, of one or more services on-line, cannot constitute a prejudice to the Customers and may not give rise to the payment of damages by Burdis-Poultry.com.
The hypertext links on the site may link to other websites. Burdis-Poultry.com cannot be held liable if the content of these websites contravenes legislation. Similarly, Burdis-Poultry.com cannot be held liable if the Internet user's visit to one of these websites causes them prejudice.
In the current state of the art of technology, rendering representations of products offered for sale on this site, particularly in terms of color or form, can vary significantly from one computer terminal to another or differ from the quality graphics and the screen or in the resolution of the display. These variations and differences may in no way be attributed to Burdis-Poultry.com, who will in no event be held liable.
7.4. Damages Borne by Burdis-Poultry.com
In the absence of contrary legal or regulatory provisions, the responsibility of Burdis-Poultry.com is limited to direct, personal, and definite injury suffered by the Customer and associated with the fault in question. Burdis-Poultry.com shall in no way be held liable for indirect damages such as loss of data, commercial loss, loss of orders, damage to brand image, business problems, and loss of profits or customers.
7.5. Hypertext Links and Contents of the Website
The Content published on the Website is for information only, without any guarantee of accuracy. Burdis-Poultry.com cannot be held responsible for the omission, inaccuracy, or any error contained in this information and which would make it responsible for direct or indirect damage caused to the Internet user.
ARTICLE 8. FINAL CONDITIONS
8.1. Applicable Law
These terms and conditions are subject to French law.
8.2. Changes to These Terms and Conditions
These terms and conditions can be modified at any time by Burdis-Poultry.com. The terms and conditions applicable to the Client shall be those in force on the date of their order or their logging onto this Website, and any new connection to the personal account implies the acceptance of any new terms and conditions.
8.3. Disputes
Under order No. 2015-1033 of August 20, 2015, all disputes that may arise in the context of the execution of these terms and conditions and the lack of an amicable solution between the parties must be submitted to Medicys: www.medicys.fr.
In addition, the Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
Any dispute concerning or in relation to these terms and conditions shall be settled by arbitration in accordance with Regulation of the Digital Institute of Arbitration and Mediation (www.fast-arbitre.com).
8.4. Entirety
The invalidity of any clause of this agreement shall not invalidate the remaining agreement clauses, or the agreement as a whole, which shall retain its full force and scope. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid provision that corresponds to the spirit and purpose of these terms.
8.5. Non-Waiver
Lack of exercise by Burdis-Poultry.com of rights herein acknowledged shall in no case be construed as a waiver of those rights.
8.6. Canvassing
The Customer is informed that they have the opportunity to register on the list of opposition to canvassing at the following address: http://www.bloctel.gouv.fr/ or any other equivalent service provided by its country.
8.7. Languages of These Terms and Conditions
These terms and conditions are available in English.
8.8. Unfair Terms
The stipulations of these terms and conditions apply subject to compliance with the mandatory provisions of the French Code of Consumption on unfair terms in contracts concluded between a professional and a consumer.