The website Bardahl.fr is managed by SADAPS BARDAHL CORPORATION S.A, a French law company, registered at BP 91049 – 59701 MARCQ EN BAROEUL CEDEX 1, and listed under number 475 484283 R.C.S. Lille Metropole; Hereinafter referred to as “Bardahl” or “We”;
The website Bardahl.be is managed by Sadaps Bardahl Additives & Lubricants, a Belgian law company, located at Rue du Mont des Carliers, 3 - 7522 Tournai, and listed under number 0477.929.886 with the SPF Finances; Hereinafter referred to as “Bardahl” or “We”;
These General Terms of Use (hereinafter referred to as the GTU) set forth the terms of access and the permissible use of the Site. We urge you to carefully review them. By using this site, Users indicate they have read and understood these terms of use and agree to abide by them. All capitalized terms, for the purposes of these GTU, have the meaning attributed to them.
IT IS HEREBY CLARIFIED THAT:
The website (Website) has been developed to facilitate the purchase of Bardahl lubricants and additives, as well as to organize their delivery.
The Bardahl site is intended solely for the use of individuals. Access and use of the site are therefore reserved for natural persons acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal, or agricultural activities.
IT IS AGREED AS FOLLOWS:
All these definitions target a range of elements that may find application throughout the Use of the Website.
Registration on the website is reserved for natural persons who are at least eighteen (18) years old, with access to the internet. When registering on the Website, the User declares and guarantees to have all their rights of enjoyment and disposal; when the User registers referencing data relating to a legal entity, the User guarantees to have the necessary rights to commit the company to Bardahl. We reserve the right to request any document to justify the identity and legal status of the person originating the Account. Registration is conditioned on validation by Us. When registering, by filling out the Form, the User expresses having read and accepts the entirety of these GTU and our Data Protection Policy.
2.2.1. To create an Account, you must complete the registration Form accessible from the Website. This is a mandatory step for any subscription request. We reserve the right to request and carry out various checks necessary to ensure the proper functioning of the Website by its Users. The User confirms, by validating their registration, that they are solely responsible for their Account, as well as for the security and confidentiality of their Account, including the development of their password and the information linked to said Account. We also reserve the right to withdraw the right to use the subscription to the Website at any time in case of observation of either an infringement of applicable rights and/or these GTU, or a false declaration on the Form.
2.2.2. You agree to provide correct, complete, up-to-date data that belongs to you. It is up to Users to ensure the accuracy of the information provided as well as their update.
At the time of creating the Account, the User is free to check the box "I accept the general terms of use".
Acceptance by checking this box constitutes proof that the User has read these GTU and adheres to them without any reservation.
If you should reconsider your consent, in whole or in part, and therefore wish no longer to be bound by them, we would ask you to simply no longer use our Services and delete your account. The User may at any time renounce the use of the Services and delete their Account, but remains committed to any previous use.
These GTU may be adapted throughout your subscription; we will inform you by sending an email to the address mentioned during your membership, for substantial updates. These various elements will be incorporated into the present GTU.
These GTU take effect on the date of their online publication; in the event of adaptations, the date on the GTU will refer to the GTU in force.
The GTU become enforceable:
From their acceptance by the User, upon their registration on the Website, throughout the duration of use of the Services; or 30 days after their communication to Users, when new GTU replace them; On the day of their online publication, in the case of simple updates of the GTU concerning non-substantial elements. Subject to respecting these periods, the GTU online on the Website prevail over any previous version of the date and these GTU, and cancel and replace any previous version.
3.3. Modifications We reserve the right, at our sole discretion, at any time and without notice, to adapt or modify these GTU.
We may do this for various reasons, including to reflect non-substantial changes or provisions modified by law, due to new features, or changes in business practices.
The User who does not wish to adhere to the modified GTU may delete their account and cease using the Services.
Any use of the Website and/or the Services after the period of enforceability entails their acceptance.
Access to our services requires having an account with the Website. By accepting cookies, by accessing the Website, the User acknowledges and accepts that Bardahl may geolocate them. This information will allow directing the User to the website related to their geolocation; compliance with legislations and the proximity of deliveries will thus be ensured. The User takes sole responsibility for the geolocation data entered when accessing the Website (the use of a VPN is their sole responsibility) and may lead to the refusal to create a user account. We reserve the right, without notice or compensation, to temporarily or permanently close all or part of the Website or access to remote Services notably to perform an update, maintenance operations, modifications or changes on operational methods, servers and hours of accessibility, and in the event of an anomaly, to do everything possible to make the Website accessible and operational.
The User may access and use, after appropriate configurations have been made, for their own use all the functionalities provided in the selected modules. The granting of said right of use to the User does not imply in any way a transfer of intellectual property. All intellectual property rights, industrial and other rights related to the Website remain exclusively our property. Unless otherwise explicitly agreed, no right of intellectual property, industrial or other rights related to the Software is transferred to the User.
The User has the obligation to exercise their right of use of their Account on the Website personally, adequately, and seriously, in accordance with the purpose of the License, in perfect compliance with current legislation and in respect of Bardahl, as well as of any third party.
The User undertakes to use the Website and its Services only under the conditions defined in these GTU.
The User undertakes not to use the Website in an illegal or incompatible manner with these GTU, or to act fraudulently or maliciously (hacking, ransomware, viruses, harmful data) on the Website.
The User undertakes in particular, without this being limiting to:
Not use the Website or the Services for professional, commercial, or lucrative purposes; any use of the name or image of Bardahl for commercial purposes is prohibited and is the sole responsibility of the User Not transmit (in particular during the creation or update of the Account) false, misleading, deceitful, or fraudulent information Not open an Account in the name of a third party Not use another User's Account, share an Account with another User, or manage multiple user accounts Not use the Services for harmful, illegal, or malicious purposes Not infringe on the rights and image of Bardahl, notably its intellectual property rights Not use the Services to generally harm Bardahl, Not use the Services for illegal purposes or prohibited by these GTU. Any violation of one of these commitments constitutes a serious violation of the User's contractual obligations under these GTU.
It is the responsibility of the User to ensure that their computer and transmission means are in good working order, covered by necessary security and up-to-date in order to benefit from the functionalities of the Services and the Website.
The User is responsible for the preservation, use, and confidentiality of their identifiers and their password. The identifiers linked to Users cannot be assigned, sold, given, communicated, etc. without our prior written permission.
The User also acknowledges being solely responsible for respecting all laws, regulations, and obligations applicable to their use of the Website and the Services.
6.1. We have an obligation to deliver the enjoyment of the use of the Website, namely:
a right of use including upgrades to the Website the hosting of collected data. This is an obligation of means.
Bardahl offers the guarantee to the Client of peaceful enjoyment of their right of use on the Website to the User. Everything will be done so that said Website can operate according to industry usages.
6.2. Bardahl discharges all responsibility, direct or indirect, to the User, provided that this is in compliance with applicable legislation.
Bardahl disclaims all responsibility for the inadequacy of products ordered by the Client with respect to the use they wished to make of them. The Client is solely responsible for the choice of the selection of products.
Bardahl disclaims all responsibility for any indirect, material, or immaterial damages of the Client, with respect to this inadequacy of the product chosen by the Client.
We reserve the right to refuse access to all or part of the Services to any User who does not comply with these GTU. We reserve the right to refuse and/or cancel and/or suspend an Account, at our sole discretion, in the event of fraud notably, but also in the event of deletion of the Account held with Bardahl or in case of non-use of the Account for an uninterrupted period of 365 days. The User must then make a new subscription request knowing that the requests will be systematically examined.
In the event of a violation by the User of these GTU, notably the obligations detailed in Article 5 or if we have legitimate reasons to believe that this is necessary to protect the security and integrity of the Website in general and/or of the Users, those of other users or third parties, or for the prevention of fraud, we reserve the right to terminate the Account immediately and without notice, to limit access and consequently the use or to suspend it temporarily, even to close said Account permanently. The User will be notified of the measure taken against them so that they can address their observations via the issuing email address, within 5 calendar days. Bardahl will have the possibility to lift the measures taken, at its sole discretion within 30 calendar days. Without reaction from us within said period, the measures taken will be considered as being definitive. The measures put in place will take effect without prejudice to the damages that may be claimed from the User as compensation for the losses incurred due to a violation of the GTU.
The User may not infringe on our intellectual property rights in any way, for example by disclosing, gratuitously or for monetary purposes, directly or indirectly, all or part of the Account and the Website they use and/or any information received in the context of the execution of this contractual relationship.
The User shall refrain from claiming, anywhere in the world, the right to intellectual property, industrial or other rights related to the Software or asserting rights in this regard, or introducing a patent application or any other similar protection regarding the Software.
Our intellectual property protects the Software in its various aspects, including, but not limited to: the source code, user interfaces (the screens), architecture, the database model...
In any case, no code may be communicated to a third party without the explicit and prior authorization of the Provider.
The Website, the trademarks, the logos, and any other distinctive sign of Bardahl and/or its partners, as well as any software used in the provision of the Service, and the contents of the Website (text, videos, photography, or any other information in any format and of any nature appearing on the Website) are the exclusive property of Bardahl and/or its partners, and/or third parties and may be subject to protection by copyright, trademark law, patent law, or any other intellectual property right. These GTU do not result in any transfer of ownership of any kind to the User.
It is, therefore, prohibited to copy, modify, reproduce, distribute, publish, integrate on any medium, adapt, transfer or assign, license, sub-license, give as a guarantee, transmit in any other way the elements of the Website or perform reverse engineering or use any other method to try to access the source codes and/or the protocols of the Website, without our express permission or that of the holder of said rights.
The User undertakes to:
not infringe the intellectual property rights or those of third parties with respect to the use of the Website not transmit any defamatory, explicit, offensive, or otherwise reprehensible content on the Website not use the Website in a way that could damage, disable, overload, or compromise our systems or our security or interfere with other Users not use technology that interferes in any way with the proper functioning of the Website At the time we discover a violation on the part of the User, we reserve the right to suspend or immediately terminate access to the Website and delete the corresponding Account.
The Website may contain links or content from third-party services and provide additional content or features. The content of these third-party services is governed by the terms of use and privacy policy of the concerned third-party service providers, under the sole responsibility of these latter.
We are not responsible for the availability or accuracy of third-party services, or for services, products, or content available from these services.
Under no circumstances can the identification of links to third-party services or their use be considered as an implicit endorsement by Bardahl of these services. For more information, we invite you to consult the terms of use and/or privacy policy of said third-party services.
In the event of non-compliance with this clause, Bardahl may claim a lump-sum compensation of €15,000 per infraction, as well as the right to take legal action in reparation of the actual damage suffered.
The Parties recognize that the provisions relating to intellectual property, as well as all amendments to this legislation are applicable to the Software and the present Contract.
9.1. Given the inherent technical constraints of information technology and telecommunications to the use of the Website, our liability cannot be engaged in case of damage caused following a malfunction of one or more of the stages of access to the Services offered. This could be due notably, but not limited to, the inconveniences inherent to the use of the Internet network, such as service interruption, external intrusion, presence of computer viruses, or malfunction of any kind.
The User is invited to report without delay to our technical service via https://bardahl.fr/fr-fr/nous-contacter any difficulty they may notice in the context of their use of the Website. We only guarantee optimal operation of the Website if, in particular, the necessary updates for the proper functioning have been carried out by the User. No liability can be attributed to us if damage should result from a malfunction while the latest version had not been implemented.
If we find legitimate reasons to believe that the security of the Website is compromised or that misuse of the Service offered is due to unauthorized use of the User's identification data, we reserve the right to temporarily disable their Account to preserve the integrity of the Website, as well as that of the data of their user account. Our liability cannot be engaged in the event that the non-performance or poor performance of our obligations is attributable either to the behavior of the User, or to the act, unforeseeable and insurmountable, of a third party to these GTU, or due to a case of force majeure. Force majeure includes notably: natural disasters, fires, strikes, breakdowns, shortages, war, power cuts, failures of the telecommunication network, loss of internet connectivity due to public or private operators. Furthermore, our liability cannot be engaged for all indirect damages due to these, loss of business, loss of profit, damages or costs.
Without prejudice to the hypotheses of exclusion of our liability provided for in these GTU, our liability can only be engaged in reparation for direct, real, foreseeable, and certain damage suffered by the User, provided that the latter provides proof that the contractual fault on our part is the direct cause of their damage. Accordingly, files and computer registers stored within the computer systems operated by us or on our behalf under reasonable conditions of security and reliability, may be validly used and produced as proof of the execution of these GTU, and more generally of any event, communication, or relationship occurring between the parties during the use of the Services by the User.
We may validly produce within the framework of any procedure, for the purpose of proof of any act, fact, or omission, the data, files, programs, recordings, or other elements, received, emitted, or preserved by means of the aforementioned computer systems, on all digital or analog media, and assert them, except manifest error.
9.2. We offer a legal guarantee on all our products and services for two years. This guarantee covers manufacturing and operational defects under normal conditions of use for a specified period from the date of purchase. It is up to the Client to state a non-conformity of the consumer good, that is to say when the good delivered does not correspond to that requested or ordered. For any claim, the User is invited to contact us via https://bardahl.fr/fr-fr/nous-contacter with details of their purchase. No guarantee will intervene on the part of Bardahl if any intervention by a third party to Bardahl has taken place on the good.
9.3. The goods available are those displayed on our Website at the time of the order. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are described and presented with the greatest possible accuracy. The User is solely responsible for the goods purchased and the use they make of them. The User agrees to purchase these goods at their own risk.
10.1. The following payment methods are accepted:
The User, by validating the payment, confirms the validity of the information indicated and takes full responsibility for the transaction carried out.
All transactions made with credit and debit cards are debited at the time of purchase.
If we consider that your payment has violated a law or one of our terms of use, we reserve the right to cancel your transaction.
For refund requests, the User must make them on the Website for products that do not meet a conforming description or for those that can benefit from the right of withdrawal.
10.2. The User takes responsibility for providing the appropriate information for delivery.
We reserve the right to modify, reject, or cancel your order whenever this becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equivalent to the amount you paid.
At the time of finalizing the validation of the order, the delivery costs are estimated based on the weight of the order and the destination entered for the delivery. The User accepts them by validating their order.
In case of modification of the delivery time or the cost of shipping, we will inform you as soon as possible. The User will have the right to refuse the order thus adapted.
Using professional carriers, the User has a tracking number, at the time the order is shipped, to allow following the progress of the delivery by the carrier.
At the time of handing over the order to the carrier, Bardahl is relieved of responsibility for the good. It is advised to the User to check the condition of the packages in the presence of the carrier; in case of apparent damage, the User has the obligation to report it on the delivery note and to take our contact through the following contact form https://bardahl.fr/fr-fr/nous-contacter
The User takes responsibility for the accuracy, accessibility, and presence at the address mentioned for delivery. In case of impossibility, the carrier will contact the User and give the information to follow. In the absence of a reaction from the User, it is likely that the package will be returned to Bardahl, and the possible costs may be claimed from the User.
10.3. Right of Withdrawal In the context of our sales to individuals, to a consumer, a right to withdraw is granted, in accordance with the legislation in force. The Consumer has a period of 14 days from the receipt of the goods to exercise their right of withdrawal, without having to justify reasons or to pay penalties.
To exercise this right, the consumer must notify us of their decision to withdraw before the expiration of the aforementioned period. This notification can be made using the contact form https://bardahl.fr/fr-fr/nous-contacter or a postal letter to the address BP 91049 – 59701 MARCQ EN BAROEUL CEDEX 1
Bardahl will proceed with the refund of the returned product at the expense of the buyer, excluding standard delivery fees, without undue delay and no later than 14 days from the day we are informed of your decision to withdraw. This refund will be made using the same means of payment as that used for the initial transaction, unless expressly agreed otherwise by the customer. The product must be returned in good condition, with all accessories, instructions, etc., and in its original packaging.
The right of withdrawal cannot apply to goods such as personalized goods or goods likely to deteriorate or expire rapidly.
11.1. Duration of the contract The GTU are subscribed for an indefinite duration from their first acceptance by the User.
11.2. Cessation or suspension of relations on our part We may suspend or delete access to all or part of the Website and Services, in case of non-compliance with these GTU by the User. We will then notify this suspension and/or deletion of the Account to the User by email, at the address mentioned by them, and will put them on notice to cease this violation. In the event of a suspension, the User may correct the breach at the end of a period of five (5) days from this notification. After this period, and in the absence of satisfactory action by the User, we may terminate the contractual relations with the User as of right, and subject to the damages to which we may claim in reparation for the prejudice resulting for us from this situation. This termination may occur without notice in the event of a serious violation by the User of their obligations under these GTU.
We reserve the right to deactivate the User's Account at the end of a total period of inactivity of their Account equal to or greater than 365 days. However, the User will have the possibility to reactivate their account, provided they have not exceeded a period of inactivity of more than twenty-four (24) months. This period runs from the date of the last connection of the User to the Website.
11.3. Cessation or suspension of relations by the User The User has the option to terminate this contractual relationship at any time, without cost and without reason. To do this, they simply need to go to the Settings of their Account on the Website and click on the "Delete my account" option. Within forty-eight (48) hours following the deletion of the Account, all or part of the User's data may be erased from our databases and the User will no longer have access to their Account. The deletion of this data is subject to legal obligations and our commitments in the Privacy Policy. If Bardahl receives notification of a bankruptcy or death of the User, the Account will be immediately deleted.
In the context of the use of the Services, we are required to collect and process certain personal data of the User. At the time of registration, the User acknowledges and accepts the processing of their personal data in accordance with applicable law and the provisions of our Personal Data Protection Policy, which is accessible on our website and via this link. The User consents to their personal data being communicated by Bardahl to its partners, within the strict necessity of the execution of the mission, namely the delivery of the order.
13.1. French law applies to the entire contractual relationship.
13.2. Only the jurisdictions of the judicial district in which the User is located will be competent.
14.1. Neither Party may assign or transfer all or part of its rights and obligations arising from this Framework Contract and the Agreements related thereto, without the prior written and express consent of the other Party.
14.2. If any provision of this Contract or an annex is or becomes illegal, invalid, unenforceable, or unenforceable, the other provisions remain in strict application and the Parties will negotiate in good faith its replacement by a valid and enforceable provision with effects as close as possible to the original intention of the Parties.
CITEO Chain: FR210087_01ZQGH
ECO DDS Chain: FR217977_07HBJM
