AGB
Article 1 - Berserk Media Group
1.1 - Berserk Media Group operates the website warbrix.fr.
Berserk Media Group is a limited liability company with a capital of €7,500, registered with the Tarascon (13) Trade and Companies Register under number 502 583 016.
Registered office:
Berserk Media Group
1590 Chemin des Castillonnes
13550 Noves
France
1.2 - You can contact us for any pre-sales questions (advice, additional information, etc.) and after-sales questions: https://warbrix.fr/pages/contact
For any after-sales questions, please provide your order number.
If you have a missing part or manual in a box, please contact the manufacturer's customer service directly (see the manufacturer's customer service page).
Article 2 - Prices
2.1 - The prices of our products are indicated on the website in euros, inclusive of all taxes, excluding processing and shipping costs.
2.2 - In the event of delivery to a country other than mainland France, you are the importer of the product(s) concerned. Our invoices include French VAT, whether the delivery is to France, within the European Union, or outside the European Union. Business customers can recover the VAT from their tax authorities, subject to eligibility. Our intra-community VAT number is specified on our invoices.
2.3 - For all products shipped outside the European Union, customs duties or other local taxes, import duties, or state taxes may be payable. These duties and amounts are not the responsibility of Berserk Media Group. They will be your responsibility and are your sole responsibility, both in terms of declarations and payments to the competent authorities and/or organizations in your country. We advise you to inquire about these aspects with your local authorities.
2.4 - Berserk Media Group reserves the right to modify its prices at any time, but products will be invoiced based on the prices in effect at the time of shopping cart validation.
2.5 - Products remain the property of Berserk Media Group until full payment has been received.
2.6 - Berserk Media Group does not sell to professionals. However, the company will welcome and consider specific requests from professionals. Orders from professionals are subject to the same general terms and conditions of sale as orders from individuals, particularly with regard to payment and delivery. Professional customers can send us their specific requests via the contact form.
Article 3 - Orders
Orders are recorded on the website www.warbrix.fr.
Contractual information is presented in French and will be confirmed, including this contractual information, at the latest at the time of your order validation.
Illustrative elements such as images or videos are not contractually binding and are provided for informational purposes only.
Article 4 - Validation
4.1 - You declare that you have read and accepted these general terms and conditions of sale before placing your order. Validation of your order therefore constitutes acceptance of these general terms and conditions of sale. Unless proven otherwise, the data recorded by Berserk Media Group constitutes proof of all transactions between Berserk Media Group and its customers.
4.2 - In the event of payment by check, bank transfer, or any other type of non-immediate payment, your order will only be definitively validated upon receipt of full payment. Within this period, the order is placed on hold and the items are reserved for 15 consecutive days. After this period, Berserk Media Group reserves the right to cancel the order and put the items back on sale. Late payments or payments for a canceled order will be returned upon receipt.
4.3 - Berserk Media Group may suspend shipment of an order whose delivery address appears to be incorrectly entered pending additional address information, correction, or confirmation. Berserk Media Group reserves the right to request proof of address, such as a copy of an ID card and/or a copy of a telephone bill or electricity bill, to definitively validate the order. Any documents submitted will be kept for 90 days and then destroyed.
4.4 - Berserk Media Group reserves the right to cancel any order from a customer with whom there is a payment dispute regarding a previous order, from a customer whose delivery address is located in a delivery area with an abnormally high dispute rate, or from a customer who behaves inappropriately toward our staff.
Article 5 - Availability
5.1 - Our product offers are valid while stocks last. Availability information is updated daily; therefore, exceptionally, an item may no longer be available due to a sale outside the website, despite the "in stock" indication on the website.
5.2 - Only the order confirmation sent by email by our services definitively confirms the order.
5.3 - In the event of unavailability of one or more items, no compensation or damages may be claimed for any loss or damage.
5.4 - In the event that a product is unavailable after your order has been placed, we will notify you by email and may offer you various options:
- one or more replacement items
- delayed shipment of either the item or the entire order (a new delivery time will then be provided)
- cancellation and refund of the product
In the case of an order for multiple items, at least one of which is unavailable, the customer may cancel the entire order.
5.5 - Berserk Media Group reserves the right to limit the number of copies ordered of the same item.
Article 6 - Delivery
6.1 - Shipping
Products are delivered to the delivery address you provided during the ordering process. Berserk Media Group cannot be held responsible for delivery delays resulting from an incomplete or incorrect address. The company reserves the right to verify the delivery address as mentioned in Article 4.3.
For products in stock, orders are processed and shipped within 48 hours, Monday to Friday.
6.2 - Shipping Methods
Shipping charges are fixed depending on the delivery country.
The company entrusts the transport of orders to the carrier of its choice.
6.3 - Indicative Delivery Time
Average delivery times are indicated on the Shipping and Delivery Time information page.
6.4 - Maximum Delivery Date
The default maximum delivery date, as introduced by the Chatel Law of January 3, 2008, is 30 days from shipment for orders to France, 45 days for Europe, and 60 days for the rest of the world.
This information is a legal clarification; our average delivery times are indicated on the Shipping and Delivery Information page.
6.5 - Split Delivery
When you order multiple products at the same time and they have different delivery dates, the default delivery date for the order is based on the latest date. However, Berserk Media Group reserves the right to split shipments. Processing and shipping costs will only be charged for a single shipment.
6.6 - Shipping Information
An email will be sent no later than the day after shipment to specify the shipping date, shipping method, carrier, tracking and/or registered mail number, and/or carrier registration number, the approximate delivery date, and the maximum delivery date.
Article 7 - Payment
7.1 - Payment for your purchases can be made:
- either by credit card via paypal.fr (a website accredited as a financial agent at the European level)
- or by check made payable to the company
- or by bank transfer
If paying by check, it must be issued by a bank domiciled in mainland France.
A copy of your ID may be requested for check payments.
Only the following forms of ID are accepted:
- National identity card (new ones only)
- Driver's license
- Passport
For company checks, we may also request a Kbis (Registration of Companies).
For association checks, we may also request a copy of the association's bylaws.
The check is cashed upon receipt.
To enable Berserk Media Group to efficiently process your order, the check must be sent to Berserk Media Group - 1590 Chemin des Castillonnes - 13550 Noves and made payable to the company.
For payments by check, bank transfer, or money order, please remember to include the order number.
7.2 - Retention of Title
The goods remain the property of Berserk Media Group until full payment by the customer. Any amount not paid by the due date will automatically and without prior formal notice, by way of derogation from Article 1153 of the French Civil Code, give rise to the payment of late payment interest at the discount rate of the Banque de France, plus 5 (five) points, on the invoice date. This interest will accrue from the due date until the payment date. In the event of non-payment, 7 days after formal notice has been given without effect, the sale will be automatically terminated and, if we so choose, we may request the return of the products in summary proceedings, without prejudice to any other damages. Berserk Media Group may assert its rights by bailiff's writ or through debt collection agencies.
Article 8 - Returns and Cancellations
8.1 - Right of Withdrawal
In accordance with current legal provisions, you have 14 clear days from receipt of your products to exercise your right of withdrawal from Berserk Media Group, without having to provide a reason or pay a penalty.
If you exercise your right of withdrawal within the aforementioned period, only the price of the product(s) purchased and the shipping costs will be refunded; you will be responsible for the return shipping costs.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) to allow for resale in new condition, and accompanied by a copy of the invoice for optimized handling.
We recommend returning items by registered mail with insurance for the value of the returned merchandise.
8.2 - Damage during shipping and breakdown upon unpacking
The customer must refuse any package showing obvious signs of impact and/or opening and notify us of the return. A replacement shipment or a refund (subject to availability) will be issued upon receipt of the returned package.
Orders are packaged and shipped with appropriate reinforcements and protective materials. However, if an item arrives damaged during shipping or is damaged upon unpacking, please contact us within 14 calendar days by email or post. We thank you for providing a detailed description of the problem and, if possible, attach photos.
For customers in France, we will send you an exchange voucher (return number and shipping receipt) and a new product will be shipped to you by return.
For customers outside France, only a return number will be provided. You will be required to pay the return shipping costs, but these will be refunded upon receipt of the item.
If an exchange is not possible, a refund will be issued.
After 14 days of receipt, the order is presumed to be compliant and no complaints will be accepted.
8.3 - Non-compliant product
If a delivered item is non-compliant, contact us within 14 calendar days by email or post. We thank you for providing a detailed description of the problem.
For customers in France, we will send you an exchange voucher (return number and shipping receipt) and a new product will be shipped to you by return.
If an exchange is not possible, a refund will be issued.
After the 14-day period, products are deemed to be compliant, unless the warranty is invoked for hidden defects. Please note that a characteristic visible before unpacking does not constitute a hidden defect.
8.4 - Unclaimed Returns and Returns Not Living at the Address Provided (NPAI)
The customer must ensure that the delivery address provided when ordering is sufficient to ensure delivery.
Berserk Media Group cannot be held responsible for "unclaimed" postal returns due to the customer not receiving a delivery notice in their absence. The customer is informed how to track their package with the carrier.
In the event of a return, Berserk Media Group will contact the customer by email to arrange a new shipment, for which Berserk Media Group may request payment of a new shipping fee. If there is no response, a reminder will be sent after 15 days. If there is no response after a further 15 days, the order will be refunded, excluding shipping and handling costs.
8.5 - Returns due to "Refusal"
Items returned due to "Refusal" if the item shows obvious signs of damage and/or opening will be exchanged or refunded subject to availability.
Items returned due to "Refusal" because the customer cancels their purchase will be processed under the right of withdrawal.
Article 9 - Refunds
9.1 - Refunds will be issued as quickly as possible and no later than 30 days following the date on which the right was exercised. Refunds will be issued at the request of Berserk Media Group by one of the following methods and subject to technical availability: credit to the customer's bank account, credit to the PayPal account, bank check, or wire transfer.
9.2 - Discount vouchers are non-refundable. In any event, refunds are limited to the amounts actually paid by the customer.
Article 10 - Warranty
Products purchased on our website are covered by the manufacturer's warranty.
The various manufacturer warranties are generally one year, covering parts and labor. However, depending on the product brand, some only cover replacement parts. In the toy sector, a three-month warranty is considered.
Berserk Media Group does not itself handle items under warranty. It is therefore necessary to contact the manufacturer, who will be best placed to determine whether the product is defective and inform you of possible repair procedures.
We draw your special attention to the fact that the warranty does not cover normal wear and tear of a product (lamps, batteries, etc.).
Proof of a failure caused by negligence, deterioration, or improper use would invalidate the manufacturer's warranty (impact, lightning, oxidation, etc.).
In this specific case, the product may be returned to you as is, or repaired upon acceptance and prior payment of a quote prepared by the manufacturer.
Please note that Berserk Media Group cannot be held liable in the event of the manufacturer's refusal to apply its warranty for the legitimate reasons set out above.
In any event, the manufacturer's warranty does not deprive the customer of the provisions of legal warranties (including the warranty against hidden defects or the legal guarantee of conformity).
Article 11 - Applicable Law - Disputes
This contract is subject to French law. The language of this contract is French. In the event of a dispute with professionals and/or merchants, the courts of Tarascon (France) shall have jurisdiction. In the event of a dispute, the French courts shall have exclusive jurisdiction.
Berserk Media Group cannot be held responsible for damages of any kind, whether material, immaterial or physical, which could result from a malfunction or misuse of the products sold. The same applies to any modifications to the products resulting from the manufacturers. The liability of Berserk Media Group will, in any case, be limited to the amount of the order and cannot be called into question for simple errors or omissions which could have remained despite all the precautions taken in the presentation of the products. In the event of difficulties in the application of this contract, the buyer has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association in the sector, a consumer association or any other advisor of his choice. It is recalled that the search for an amicable solution does not interrupt the "short period" of the legal guarantee, nor the duration of the contractual guarantee. Please note that, as a general rule and subject to the discretion of the courts, compliance with the provisions of this contract relating to the contractual guarantee assumes that the buyer honors their financial commitments to the seller.
Complaints or disputes will always be received with attentive kindness, with good faith always being presumed in those who take the trouble to explain their situation. In the event of a dispute, the customer will first contact the company to seek an amicable solution.
Article 12 - Confidentiality Policy
The information and data concerning you are necessary for the management of your order and our business relations. They may be transmitted to companies that contribute to these relations, such as those responsible for the execution of services and orders for their management, execution, processing, and payment. This information and data is also retained for security purposes, to comply with legal and regulatory obligations, and to enable us to improve and personalize the services we offer you and the information we send you. The customer's telephone number allows Berserk Media Group's delivery drivers and customer service to contact them to follow up on their order.
Berserk Media Group does not share any customer information with third parties. Customer data is not sold.
Berserk Media Group does not have access to your credit card number and does not store information relating to your bank account or payment methods.
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access, rectify, and object to your personal data. Simply write to us via the contact form or by mail to Berserk Media Group – 1590 Chemin des Castillonnes - 13550 Noves (France), providing your first and last name, email address, and, if possible, your customer reference number. In accordance with current regulations, your request must be signed and accompanied by a photocopy of an identity document bearing your signature. You must also specify the address to which the response should be sent. A response will then be sent to you within two months of receipt of the request.
The data collected by Berserk Media Group has been declared to the CNIL (French Data Protection Authority).
Depending on your choices made when creating or accessing your account, you may receive offers from our company. If you no longer wish to receive these offers, you can request them at any time via the contact form.
Our website is also designed to be particularly attentive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of the cookie is to indicate your visit to our website. Cookies are therefore only used by Berserk Media Group to improve the personalized service provided to you.
See our privacy policy page.