The present conditions of sale are concluded, on the one hand, by the company Berkey®Store SAS, whose head office is located at Castet Arrouy 32340, registered with the Registre du Commerce et des Sociétés d'Auch under the number 879 356 377 00016, managing the site https://berkey-store.com and, on the other hand, by any individual or legal entity wishing to proceed with a purchase via the Internet site https://berkey-store.com hereinafter referred to as "the purchaser".
The present conditions of sale aim to define the contractual relations between Berkey®Store SAS and the buyer and the conditions applicable to any purchase made through the website https://berkey-store.com. The acquisition of a product through the present site implies unreserved acceptance by the buyer of the present conditions of sale, which the buyer acknowledges having read prior to ordering. Before any transaction, the buyer declares on the one hand that the purchase of products on the site https://berkey-store.com is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have the full legal capacity, allowing him to commit himself under the present general conditions of sale. Berkey®Store SAS reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Therefore, the applicable conditions shall be those in force on the date of the order by the buyer.
The products offered are those shown on the https://berkey-store.com website of the company Berkey®Store SAS, within the limits of available stocks. Berkey®Store SAS reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible but do not commit the Seller. The sale of products presented on the site https://berkey-store.com is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Prices appearing on the product sheets of the internet catalog are prices in Euros (€) including all taxes (TTC) taking into account that Berkey®Store SAS is under the VAT regime, which means that the VAT cannot be recovered by professional buyers. Any change in the VAT rate may be reflected in the price of the products. The company Berkey®Store SAS reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order shall be the only one applicable to the purchaser. The prices indicated do not include any additional delivery costs resulting from exceptional delivery conditions, considering that standard delivery is offered on the entire website.
4-Order and payment terms
Before any order, the buyer must create an account on the site https://berkey-store.com. The account creation section is accessible directly from the menu bar located at the top of the pages. At each visit, the buyer, if he wishes to order or consult his account (status of orders, profile...), must identify himself using this information. The company Berkey®Store SAS offers the buyer the possibility to order and pay for its products in several steps, with 3 payment options to choose from:
- Payment by bank transfer: the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or informs a new one. Then, the possible shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. After validation of the previous elements, the buyer chooses the payment method of his choice: "Payment by bank transfer" and accepts the present general conditions of sale by checking the corresponding box, then invites him to pay his order by clicking on the button "Pay my order". This last click constitutes the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order. In order to finalize the payment and process the order, the buyer shall contact his/her bank in order to make the transfer corresponding to the amount of his/her order to the bank account of Berkey®Store SAS, whose details are communicated to the buyer. Upon receipt of the transfer, the order shall be processed and the buyer shall be informed thereof by e-mail. Berkey®Store SAS shall dispatch the products within 2 working days of receipt of the transfer corresponding to the order, subject to provisions.
- Secure payment by credit card with E-Transactions from Crédit Agricole, our online payment partner: the buyer selects the products he wants to order in the "basket", modifies if necessary (quantities, references...), checks the delivery address or informs a new one. Then, the possible shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. After validation of the previous elements, the buyer chooses the method of payment of his choice and accepts the present general conditions of sale by checking the corresponding box, then invites him to pay his order by clicking on the button "Pay my order". Finally, the buyer is redirected to the secure E-Transactions interface in order to safely enter his personal credit card information. The E-Transactions interface accepts credit cards, Visa, Mastercard and Paylib. If the payment is accepted, the order is recorded and the contract is definitively formed. The payment by credit card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be re-credited or returned. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the Cardholder's written objection. The holder will not be charged for the return of the sums.
- Secure payment by PAYPAL account: the buyer selects the products he wants to order in the " shopping cart ", changes them if necessary (quantities, references...), checks the delivery address or enters a new one. Then, the possible shipping costs are calculated and submitted to the buyer, as well as the name of the carrier. After validation of the previous elements, the buyer chooses the method of payment of his choice: "Payment with PAYPAL" and accepts the present general conditions of sale by checking the corresponding box, then invites him to pay his order by clicking on the button "Pay my order". Finally, the buyer is redirected to the secure PAYPAL interface in order to safely enter his PAYPAL account. If the payment is accepted, the order is recorded and the contract is definitively formed. The payment by PAYPAL account or by credit card is irrevocable. In case of fraudulent use of the card, the buyer can demand the cancellation of the payment by card, the sums paid will then be re-credited or refunded. The responsibility of the bank card holder is not engaged if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that the transaction may have generated, the cardholder must dispute the debit in writing with his or her bank within 70 days of the transaction, or even 120 days if the contract binding him or her to the bank so provides. The amounts debited will be reimbursed by the bank within a maximum of one month after receipt of the Cardholder's written objection. The holder will not be charged for the return of the sums.
- Secure payment by PAYPAL account in 4 times: the rules of acceptance of the payment in 4 times are governed by Paypal and are not the responsibility of berkey-store.com. The buyer must first choose the option of payment by Paypal account, and it is in the Paypal interface that he will be offered the possibility of a staggered payment.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of having full knowledge of them and waiver of the right to invoke one's own conditions of purchase. All the data provided and the recorded confirmation will be worth proof of the transaction.
- Late payment: any incident of payment not regularized in the 48h will automatically involve a procedure of recovery. In the event of payment intervening after the date of payment appearing on the invoice, the BUYER will have to regulate as from the day of the expiry without preliminary setting in residence, of the penalties at the rate of 15% / year as well as a fixed allowance of expenses of recovery of 40 euros (articles L 441-3 and L 441-6 of the French commercial code). If no amicable agreement is reached, a collection procedure will be launched against the buyer at the local judge of the place of residence of the buyer. Any bailiff's fees to enforce the writ of execution issued by the judge shall be added to the fees mentioned above.
The company Berkey®Store SAS shall communicate to the BUYER by e-mail the confirmation of the registration of his order. If the BUYER wishes to contact the company Berkey®Store SAS, he may do so either by e-mail at the following address: .
The company Berkey®Store SAS shall keep full ownership of the products sold until full payment of the price, in principal, expenses and taxes included.
Under the European Directive 2011/83 on consumer rights, the buyer has a period of fourteen working days from the delivery of his order to exercise his right of withdrawal and thus make the return of the product to the seller for exchange or refund without penalty. For more details on the conditions of return, please consult our Return Policy.
Deliveries are made to the address indicated on the order form, which can only be in the agreed geographical area. Deliveries are made by UPS, UPS access point, Mondial Relay, La Poste, Chronopost, GLS and DHL depending on the destination country and the availability of the carrier in the buyer's delivery zone. All delivery services allow the buyer to follow his parcel with the help of a tracking number. Packages are delivered against a signature except for tracked mail. Delivery times are given as an indication only; if they exceed thirty days from the order, the sales contract may be cancelled and the buyer reimbursed. The company Berkey®Store SAS may provide the buyer with the tracking number of the package by e-mail. In the case of collection from a relay point, if the purchaser does not collect his or her purchase within the time indicated in the message received indicating the availability of his or her parcel, the costs relating to the dispatch and return of his or her order to the premises of Berkey®Store SAS shall be recharged to him or her, as for any new dispatch. For home deliveries, in the event of the purchaser's absence, the carrier shall either make a new delivery or drop off the package at the nearest relay point in its network. It is the buyer's responsibility to check the carrier's online tracking system to find out what arrangements have been made in his absence.
PACKAGE DELIVERED TO ANOTHER RELAY POINT: It may happen that a relay point is modified during the delivery. The reasons for the substitution of a relay point are an internal decision of the carrier and can not affect the proper implementation of the delivery service. The customer is informed of the new relay point and/or may also be asked to choose it via an instruction request received by e-mail. The buyer is required to collect his package before the end of the custody period.
PACKAGE NOT PICKED UP IN TIME AT A RELAY POINT: In case of deposit in a relay point, the parcel will be kept pending from 1 week to 15 days depending on the carrier. All the means are implemented to allow the customer to follow the routing and the availability of his parcel. After this period, the return of a parcel that has not been picked up from the warehouse will result in costs being charged to the buyer:
- For France-Belgium-Luxembourg-Spain orders < 550 euros: the costs retained correspond to the outbound costs (if initially offered, a flat rate of 5 euros) and the return costs (a flat rate of 5 euros).
- For orders France-Belgium-Luxembourg-Spain > 550 euros: the costs will be invoiced at the real price of the outward and return transport. The amount will be communicated by e-mail when the goods are returned to the warehouse.
- For orders outside France-Belgium-Luxembourg-Spain: the costs will be charged at the actual price.
The costs of preparing your parcel (labour, cardboard, wedges) shall remain a loss for Berkey®Store.
PACKAGES TAKEN CHARGE OF BY CHRONOPOST, GLS or DHL: after 2 unsuccessful delivery attempts (absent recipient), the package will be returned to the sender and the outward and return costs will be charged to the recipient and will be deducted from the refund.
ANY RETURNED PACKAGE IS THE RESPONSIBILITY OF THE BUYER.
The risks associated with transport shall be borne by the purchaser from the time the articles leave the premises of Berkey®Store SAS.
The buyer is required to check the contents of each package upon arrival. In case of damage or missing, it is essential to :
1 - Write SPECIFIC RESERVATIONS on the carrier's discharge document.
2 - CONFIRM THESE RESERVATIONS within 2 days to the carrier, by registered letter with reasons (article 105 of the commercial code).
NO RECOURSE shall be possible, even with Berkey®Store SAS, once the goods have been accepted.
3- The parcel should only be refused if its condition is totally damaged.
All products supplied by the company Berkey®Store SAS shall benefit from the legal guarantee of conformity provided for in article L. 217-4 et seq. of the French Consumer Code and from the guarantee against hidden defects provided for in article 1641 et seq. of the French Civil Code.
In the event of non-conformity of a product sold, it may be returned to the company Berkey®Store SAS, which shall take it back, exchange it or reimburse it.
The stainless steel filter systems are guaranteed for 24 months. The Berkey light® system is guaranteed for 12 months.
Black Berkey® filters are covered by a two-year pro-rated warranty, calculated every six months. Consumables such as seals and wing nuts are not covered by the warranty.
PF-2 filter elements are guaranteed for 6 months. Sport Berkey® filters and the filter gourd are warranted for 3 months. Other accessories are guaranteed for 6 months. The warranty period begins on the date of receipt of the product by the original purchaser.
All claims, requests for exchange, repair or refund require an agreement from Berkey®Store SAS.
Berkey®Store SAS guarantees the products against material or manufacturing defects under normal conditions of use,
Berkey®Store SAS shall not be liable for incidental or consequential damages to personal property, including but not limited to, defective units, misuse, abuse, accident or negligence. It is the responsibility of the purchaser to prevent misuse of the system and to replace parts when, due to natural wear and tear, they must be replaced in order to receive warranty service.
This warranty will not apply to units that have been used for unintended purposes, or that have been modified and have resulted in a degradation of performance. This warranty applies only to the original purchaser and is not transferable.
To trigger the warranty, the purchaser must send a request by e-mail to , indicating the order reference and date, name and surname, as well as the reason for the complaint. Once the agreement has been obtained, Berkey®Store SAS shall inform the purchaser of the terms and conditions of return, and shall send by e-mail a label to be printed for the handling of the package. Product returns are free of charge for the duration of the warranty.
The following actions will automatically void the warranty coverage:
1. Allowing the filter elements to freeze.
2. Using water from a dehumidifier with any of the Black Berkey® purification elements for daily use.
3. Break or damage a Berkey® element due to a fall,
4. Cause system failure due to improper installation or maintenance. 5. Failure to remove the Black Berkey® filters from the system prior to transporting or moving the system, which could result in breakage of the rods.
6. Perform a red stain test with the Berkey PF-2 ™ fluoride and arsenic reduction filters connected. The Berkey PF-2 ™ fluoride and arsenic reduction filters must be removed prior to performing a stain test to remain in compliance with the six month warranty on these filters.
7. Use water from a salt water softening system. This action may clog the Berkey® purification elements or cause the stainless steel to stick or rust.
8. Do not use Berkey® equipment in accordance with the manufacturer's recommendations or instructions.
The company Berkey®Store SAS, in the process of distance selling, is only bound by an obligation of means. It shall not be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, service interruption or other involuntary problems.
All elements of the site https://berkey-store.com are and remain the exclusive intellectual property of the company Berkey®Store SAS. No one is authorized to reproduce, exploit, or use in any way whatsoever, even partially, elements of the site whether in the form of a photo, logo, visual or text.
The Parties shall not be liable for failure to perform their obligations in the event of an event of force majeure, defined as any unforeseeable, irresistible event resulting from circumstances beyond the control of the Parties, making it impossible to perform the Contract.
In the event of an event of force majeure, the Contract shall be suspended until the event of force majeure disappears, is extinguished or ceases. However, if it is not possible to resume performance of the Contract within thirty (30) days of the occurrence of the force majeure, the Parties shall meet to discuss a modification of the Contract.
If the discussion fails, the contract will be terminated by operation of law, without compensation on either side, by the most diligent party and by registered letter with acknowledgement of receipt sent to the other party.
The present conditions of remote sale are subjected to the French law. For all disputes or litigation, the competent court will be that of Auch.