General Conditions of Sale
These Terms and Conditions apply to any Customer wishing to make a purchase from BURGONDIA NUMISMATICA, regardless of the method of ordering chosen.
The User who wishes to place an order with BURGONDIA NUMISMATICA must have an Account.
During the validation of his Order, the Customer will have to accept the present general conditions of sale by clicking on the acceptance box provided for this purpose (“I have read and I accept the General Conditions”)
By ticking the acceptance box, the Customer confirms that he/she has read, understood and accepted these General Terms and Conditions of Sale, which will apply to all sales that may occur between the Customer and BURGONDIA NUMISMATICA.
These GCS are opposable to the Customer as from their acceptance.
In case of disrespect of these GCS, BURGONDIA NUMISMATICA reserves the right to deactivate the Customer’s account.
Article 1 – Definitions
Customer: refers to any consumer, i.e. any natural person acting for purposes that are not part of his or her commercial, industrial, artisanal, liberal or agricultural activity, as well as any legal entity not acting for professional purposes, who has placed an order on the Site and accepted BURGONDIA NUMISMATICA‘s general sales conditions.
Order: shall designate the Products ordered by the Client.
Account : shall designate the client account created with BURGONDIA NUMISMATICA via its Site.
Personal data : shall designate any information pertaining to a natural person that enables that person to be identified, directly or indirectly.
Products: shall designate all products offered for sale by BURGONDIA NUMISMATICA.
Price: shall designate the price including all taxes (VAT) proposed by BURGONDIA NUMISMATICA for a given Product, to which may be added various charges such as shipping fees.
Customer Service: means the support service available via the contact form on the Site, or via the following e-mail address: contact@bn71.fr. This service allows the Customer to obtain information about an order placed.
Site: refers to the BURGONDIA NUMISMATICA website accessible at the following address: https://www.burgondia-numismatica.fr.
User : means any visitor to the Site, professional or private, Customer or not of BURGONDIA NUMISMATICA.
Article 2 – Purpose
These GCS are intended to define the rights and obligations of the parties in the context of the sale of products offered by BURGONDIA NUMISMATICA to the Customer.
They are opposable from their signature by the Customer.
They prevail over any other document, including the general conditions of purchase of the Customer or any agreement, verbal or written, prior.
These GCS only concern purchases made by customers located in metropolitan France (including Corsica) and delivered on the French territory (including Corsica). BURGONDIA NUMISMATICA reserves the right to cancel any Order to be delivered outside these territories.
The Customer located outside this territory and/or who would like to be delivered in another territory must contact the Customer Service of BURGONDIA NUMISMATICA.
These GCS are freely available on the Site.
BURGONDIA NUMISMATICA will make available to the Customer the latest version of these GCS on the Site and will provide a copy of this version if the Customer requests it.
BURGONDIA NUMISMATICA reserves the right to derogate from certain clauses of these terms and conditions, depending on the negotiations conducted with the Customer, by establishing special conditions of sale.
Article 3 – Account creation
In order for the Customer to place an Order on the Site, he/she must have created an Account.
The Account is created on the basis of the identification information provided by the Customer, such as his/her surname, first name, postal address, telephone number and e-mail address.
When creating an Account, the Customer will create a username (consisting of his/her e-mail address) and password. These are personal and confidential access codes allowing him to access his Account.
The use and preservation of the identifier and password are the sole responsibility of the Customer. Thus, any loss or unintentional disclosure of elements that could allow a third party to know the Customer’s login and password must be immediately reported in writing to BURGONDIA NUMISMATICA and obliges the Customer to change them.
In order to validate the creation of the Account, BURGONDIA NUMISMATICA will send, to the e-mail address indicated by the Customer, an e-mail to activate the Account
Article 4 – Ordering
The Order is placed online, from the Site.
The Customer selects the Products he/she wishes to order.
By clicking on the shopping basket icon, a summary of the Order and the total price (including VAT) of the Order shall appear on the screen.
The Customer may then modify or validate the Order by clicking on the appropriate icon.
In order to validate the Order, the Customer will be asked to identify himself/herself or, if applicable, to create an Account, if this has not already been done.
Once the Customer has successfully logged in, a new summary of the Order will be displayed for validation.
The Customer will then be able to select the delivery method and address he/she wishes to use from among the choices offered in accordance with the provisions set out in the “Product Delivery” clause of these GTC.
The Customer will also have to proceed to the payment of the Order in accordance with the provisions envisaged in the clause “Payment of the order” of these GCS.
BURGONDIA NUMISMATICA reserves the right to block the Customer’s Order in case of erroneous information or default of payment and this until the Customer resolves the difficulty thus encountered.
Finally, the Customer will be asked to accept these GTC.
Article 5 – Proof of the transaction
The computerized records, stored in the computer systems of BURGONDIA NUMISMATICA in reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties.
The archiving of orders and invoices is made on a reliable and durable medium that can be produced as evidence.
Article 6 – Products offered by Burgondia Numismatica
The products offered by BURGONDIA NUMISMATICA are listed on the Site. They are described and presented with the greatest possible accuracy to allow the Customer to know the essential information and characteristics. However, if errors or omissions could have occurred as for this presentation, the responsibility of BURGONDIA NUMISMATICA could not be committed.
The photographs of the Products presented on the Site are not contractual.
The Products offered on the Site are within the limits of available stock.
Article 7 – Price
The Price is indicated in Euros (€), all taxes included (VAT included).
The prices are exempt from VAT.
The payment of the totality of the Price must be made at the time of the order.
At no time may the sums paid be considered as a deposit or advance payment.
If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change may be reflected in the selling price of the Products.
BURGONDIA NUMISMATICA reserves the right to modify the price of its products at any time.
However, BURGONDIA NUMISMATICA undertakes to apply the Price in force indicated at the time of the Order, subject to the availability of this Product at the time of the order.
Article 8 – Price reduction
The Customer can benefit from discounts or rebates due to the quantity of Products purchased and their value.
The Customer may also benefit from discounts and rebates due to the frequency of its purchases.
Finally, the Customer can benefit from discounts when BURGONDIA NUMISMATICA sets up promotional operations and during the different sales periods. Only the Orders validated during these promotional operations will benefit from the discounts offered by BURGONDIA NUMISMATICA.
Article 9 – Invoicing
Once the order is validated, BURGONDIA NUMISMATICA will send the Customer an invoice for the Order.
This invoice is sent to the Customer by e-mail and is freely accessible by the Customer on his Account.
BURGONDIA NUMISMATICA will not send an invoice by post to the Customer and will not give him a copy of the invoice when he collects or delivers his Products.
Article 10 – Payment of the Order
Placing an Order implies payment by the Customer.
Payment for the Order shall be made :
- By Credit card
- By Paypal
- By bank transfer to the bank account of BURGONDIA NUMISMATICA in accordance with the bank details communicated to the Customer at the stage of payment of the Order.
Upon receipt of the payment of the Order, BURGONDIA NUMISMATICA will send an e-mail to the Customer confirming the payment of the Order.
BURGONDIA NUMISMATICA will only honour the Order upon receipt of the payment.
BURGONDIA NUMISMATICA reserves the right to suspend any order and any delivery in case of refusal of authorization of payment from the officially accredited organizations or in case of non-payment. Do we have to specify a deadline?
BURGONDIA NUMISMATICA reserves the right to refuse to make a delivery or to honour an order from a customer who has not paid in full or in part a previous order or with whom a payment dispute is being administered.
Article 11 – Delivery of Products
Products are delivered by post to the address indicated by the Customer when placing the Order. The Customer must ensure that the address is correct.
Any parcel returned to BURGONDIA NUMISMATICA because of an erroneous or incomplete delivery address will be reshipped at the Customer’s expense.
When the Customer chooses to have the Products delivered by post, he/she will have the possibility to select the desired shipping method when placing the Order In France:
- Delivery by “lettre verte suivie” (D+3), if the total value of the Order is less than one hundred euros (€100)
- Delivery by registered mail (D+3), if the total value of the Order is less than four hundred and fifty-eight euros (458€)
- Secure delivery by declared value (D+3), if the total value of the Order exceeds four hundred and fifty-eight euros (€458)
Pour l’Allemagne, l’autriche, la Belgique, l’Espagne, l’Italie, Luxembourg, les Pays Bas et le Portugal
- Delivery to your door by Mondial Relay
The delivery chosen will benefit, where applicable, from the compensation and insurance offered by the delivery service provider, in accordance with the conditions laid down by the latter.
Delivery costs are to be borne by the Customer and shall be communicated to him/her when choosing the postal delivery method for his/her Order.
Except in cases of force majeure or during periods of closure clearly announced by BURGONDIA NUMISMATICA, the shipping time for Products is three (3) working days following receipt of payment.
The shipping time starts from the date of receipt of the payment of the Order indicated on the summary email of payment of the order.
In case of delay, the responsibility of BURGONDIA NUMISMATICA can not be engaged and this, for any reason whatsoever.
Consequently, no request for compensation, of any nature whatsoever, can be claimed by the Customer to BURGONDIA NUMISMATICA.
The delivery of the Products will take place within thirty (30) days following the Order.
Any delay of more than ten (10) days to the delivery time announced by BURGONDIA NUMISMATICA may lead to the resolution of the sale under the conditions set out in Article L.216-6 of the Consumer Code.
Article 12 – Unavailability of products
In case of unavailability of the ordered Product, the Customer will be informed as soon as possible by BURGONDIA NUMISMATICA by e-mail.
The Customer will then have the possibility to cancel the order of the unavailable Product and ask for a refund of the amount paid for this order within thirty (30) days of its payment.
The cancellation of the order of this Product and its possible refund will then be made by BURGONDIA NUMISMATICA, the rest of the order remaining fixed and final.
Article 13 – Complaints about the Products or their delivery
Any dispute relating to the Price or the Product must be addressed to BURGONDIA NUMISMATICA by email to the address indicated on the Site.
In case of error in the delivery, the Customer will have to formulate to BURGONDIA NUMISMATICA, the same day of the delivery or at the latest the first working day following the delivery, any complaint of error of delivery and/or nonconformity of the Products in kind or in quality compared to the indications appearing on the purchase order.
The claim may be made via the contact form on the Site or via the contact email address contact@bn71.fr
Any claim not made in the rules defined above and within the time limits could not be taken into account and will release BURGONDIA NUMISMATICA of any responsibility towards the Customer.
Article 14 – Exchange or return of Products
The exchange or return of the Product can only be made by the Customer upon proof of purchase (invoice or delivery note) within ten (10) days of the delivery of the Product
The cost of exchanging or returning the Product shall be borne by the Customer.
The Product must be returned in its original packaging, in its original condition.
Article 17 – Right of withdrawal
Article 17.1 Time limit and terms of the right of withdrawal
In accordance with Article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from BURGONDIA NUMISMATICA, without having to justify his decision.
It is however specified that pursuant to Article L.221-28 2° of the Consumer Code, the Customer does not benefit from the right of withdrawal for goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period, including precious metals in the form of coins.
The right of withdrawal can be exercised either by e-mail to contact@bn71.fr or via the contact form on the Site.
I don’t quite understand the difference between the articles “exchange and return of products” and “right of withdrawal”.
It seemed to me that I could refuse any return because of the very nature of the products, as they are unique collectors’ items whose slightest deterioration can completely change the value of the item.
Article 17.2 Terms and conditions for returning Products under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer shall return the Sales Order with the prepaid return form provided by BURGONDIA NUMISMATICA, without undue delay and, at the latest, within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the French Consumer Code.
After this fourteen (14) day period, the sale is firm and final.
The Product must be returned in its original packaging, in its original condition.
To make a return, the Customer must follow the procedure indicated on the return form received following his/her withdrawal. The direct costs of returning the Products shall be borne by the Customer.
Article 17.3 Reimbursement of Products returned under the right of withdrawal
The reimbursement of the Products by BURGONDIA NUMISMATICA is made at the latest within fourteen (14) days from the date on which BURGONDIA NUMISMATICA is informed of the decision of the Customer to withdraw.
However, the reimbursement is made under the condition that BURGONDIA NUMISMATICA has been able to recover the products returned, in their original condition, and the request for reimbursement.
BURGONDIA NUMISMATICA makes the refund using the same means of payment that was used for the payment of the Products. If and only if the latter has expired, BURGONDIA NUMISMATICA will approach the Customer in order to carry out the refund by another means of payment and insofar as the refund does not cause additional costs for BURGONDIA NUMISMATICA.
Article 18 – Transfer of risks
Upon delivery of the Products, the transfer of risks of loss and deterioration of the Products from BURGONDIA NUMISMATICA will be carried out from the delivery of the Products to the Customer.
Article 19 – Product warranty
Any action in warranty must be exercised by e-mail addressed to BURGONDIA NUMISMATICA at the following address: contact@bn71.fr
Article 19.1 Hidden defect
Under Articles 1641 and following of the Civil Code, BURGONDIA NUMISMATICA guarantees the Customer against any hidden defect, resulting from a design defect to the exclusion of any negligence or fault of the Customer.
The action in guarantee of hidden defects must be brought by the Customer within two (2) years from the discovery of the defect.
The Customer may choose either to cancel the sale or to reduce the sale price.
In any case, if the responsibility of BURGONDIA NUMISMATICA would be retained, the guarantee of BURGONDIA NUMISMATICA would be limited to the amount paid by the Customer for the purchase of the Product.
The Customer is expressly informed that BURGONDIA NUMISMATICA is not the producer, within the meaning of Articles 1245 and following of the Civil Code relating to liability for defective products, of the Products presented.
Article 19.2 Legal guarantee of conformity
BURGONDIA NUMISMATICA is the guarantor, with respect to the Customer, of the conformity of the Products allowing him to formulate a request under the legal guarantee of conformity pursuant to articles L.217-3 and following of the Code of the consumption, under the conditions hereafter recalled.
The Customer is reminded that, in the case of goods sold second-hand, pursuant to Article L.217-7 of the French Consumer Code, only defects in conformity that appear within a period of twelve (12) months from the delivery of the goods will be presumed to exist at the time of delivery, unless proven otherwise.
The Customer may choose between repairing or replacing the goods, subject to the cost conditions set out in Article L.217-17 of the French Consumer Code.
The Customer is exempted from proving the existence of the lack of conformity if the defect occurs within twelve (12) months of the delivery of the goods.
Where the contract for the sale of the goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee shall apply to that digital content or digital service throughout the period of supply provided. During this period, the consumer is only required to establish the existence of the lack of conformity of the digital content or service and not the date of its appearance.
The legal guarantee of conformity entails an obligation on the part of the trader, where applicable, to provide any updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without any major inconvenience to him.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer asks for the good to be repaired, but the seller imposes a replacement, the legal guarantee of conformity is renewed for a period of two years from the date of the replacement of the good.
The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund in exchange for the return of the goods, if
1° The trader refuses to repair or replace the goods;
2° The goods are repaired or replaced after a period of thirty days;
3° The repair or replacement of the goods causes major inconvenience to the consumer, in particular where the consumer definitively bears the cost of taking back or removing the non-conforming goods, or if he bears the cost of installing the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.
The consumer shall also be entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify immediate reduction in the price or rescission of the contract. The consumer is then not obliged to request repair or replacement of the goods beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilisation of the goods for the purpose of repair or replacement shall suspend the guarantee which was due until delivery of the repaired goods.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The consumer also benefits from the legal guarantee for hidden defects under Articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund in return for the return of the goods.
Article 20 – Responsibility
The Customer assumes the responsibility of the choice of the Product he decides to order. Consequently, BURGONDIA NUMISMATICA can in no case be held responsible for the inadequacy of the Product with the use which is made of it.
BURGONDIA NUMISMATICA cannot be held responsible for any damage, direct or indirect, material or immaterial, resulting from the use of a Product in a way that does not conform to its normal use.
Apart from the cases mentioned above, the responsibility of BURGONDIA NUMISMATICA cannot be engaged if BURGONDIA NUMISMATICA demonstrates that the non-execution or the bad execution of the present general conditions of sale or of the order is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract.
Article 21 – Intellectual property
BURGONDIA NUMISMATICA is the owner of all intellectual property rights relating to the Site and its components, including text, photographs, images, icons, sounds, videos, software, databases or data.
Consequently, any reproduction, representation, modification, transmission, publication, adaptation or exploitation of the elements on which BURGONDIA NUMISMATICA has intellectual property rights, on any medium whatsoever and in any manner whatsoever, carried out without the prior written permission of BURGONDIA NUMISMATICA, is strictly prohibited.
The non-substantial reproduction or representation of elements on which BURGONDIA NUMISMATICA has intellectual property rights are authorized for strictly private and non-commercial purposes.
The authorized reproduction of elements on which BURGONDIA NUMISMATICA has intellectual property rights must indicate in an apparent way the source and the name of the author of the reproduced contents.
BURGONDIA NUMISMATICA reserves the right to take civil and criminal legal action, including forgery, against any person who, directly or indirectly, has infringed its rights.
Article 22 – Personal data
During the creation of his Account, or the validation of his Order, the Customer may be asked to communicate personal information about him.
BURGONDIA NUMISMATICA will respect the information communicated by the Customer under the conditions set out in its Privacy and Personal Data Charter available at the following address: https://burgondia-numismatica.fr/charte-donnees-personnelles/
Article 23 – Force majeure
All circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exoneration of the obligations of the parties and lead to their suspension.
The party invoking the above-mentioned circumstances must immediately notify the other party of their occurrence and of their disappearance.
The following are considered as cases of force majeure as usually retained by jurisprudence: events of an irresistible and unforeseeable nature, beyond the control of the parties, against which they could not reasonably guard and whose consequences they could only have mitigated by incurring expenses out of proportion to the expectations of financial benefits.
In this respect, the following are expressly considered to be cases of force majeure or fortuitous events: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks or difficulties specific to telecommunication networks external to the clients.
The parties shall meet to examine the impact of the event and agree on the conditions under which the performance of the contract shall be continued. If the force majeure event lasts longer than three months, these GTC may be terminated by the injured party.
Article 24 – Partial invalidation
If one or more stipulations of these GTC are declared null and void, in application of a law, a regulation or following a final decision of a competent jurisdiction, they will be deemed unwritten, without leading to the nullity of the whole of these GTC by which BURGONDIA NUMISMATICA and the Customer will remain committed to each other.
If necessary, BURGONDIA NUMISMATICA and the Customer agree to negotiate in good faith the provisions necessary to replace the stipulations that may have been the subject of a cancellation or invalidation for any reason whatsoever.
Article 25 – Non-waiver
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
The fact that a party does not claim the application of any provision of these GTC or tolerates the non-performance thereof temporarily or permanently, shall in no way be interpreted as a waiver by that party to exercise its rights under these GTC.
The fact that a party tolerates the non-performance or imperfect performance of any contractual obligation referred to in these GTC or more generally tolerates any act, abstention or omission of the other party which does not comply with the contractual provisions shall not confer any right whatsoever on the party which benefits from such tolerance.
Article 26 – Titles
The headings and sub-headings included in these GTC are included for convenience only.
BURGONDIA NUMISMATICA and the Customer acknowledge that these headings and sub-headings cannot be used to interpret any provision of these GTC. In case of contradiction between any of the titles of articles and any of the provisions, the titles will be declared non-existent.
Article 27 – Mediation
In case of dispute, the Customer must address in priority to the Customer Service of BURGONDIA NUMISMATICA.
In case of failure of the request for complaint to the Customer Service or in the absence of response from this Service within two (2) months, the Customer may submit the dispute relating to the order form or these GTC opposing BURGONDIA NUMISMATICA to the Mediator (in progress) who will try, in all independence and impartiality, to bring the parties together in order to reach an amicable solution.
The Customer may contact the above-mentioned mediator at the following address: (in progress).
To submit a request for mediation, the Customer may use the complaint form available on the mediator’s website: (ongoing).
The parties to the contract remain free to accept or refuse recourse to mediation and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 28 – Applicable law, choice of domicile and jurisdiction
These GTC are governed by and subject to French law.
Any dispute relating to the conclusion, interpretation, execution or termination of these GTCs shall be subject to a search for an amicable agreement.
Any dispute that may arise between the parties as a result of the conclusion, interpretation or execution of these GTC shall be resolved by the competent court of the place of residence of the defendant or that of the place where the Product was delivered.