Terms and conditions of use

These General Terms and Conditions of Sale (hereinafter the “GTC”) are entered into between:

Premium Water Distribution SAS
16 rue St Antoine du T
Bureau 3
31000 Toulouse
France
Toulouse Trade and Companies Register: 852 344 456
SIRET: 852 344 456 00029
Email:

Premium Water Distribution SAS operates the Berkey® France Millenium store and the website berkey-france-millenium.fr.

These GTC apply to all orders placed on berkey-france-millenium.fr. Certain provisions, in particular those relating to the right of withdrawal, the statutory guarantee of conformity and consumer mediation, specifically apply to buyers who qualify as consumers within the meaning of the applicable consumer protection rules.

1 - Purpose and scope

These GTC define the rights and obligations of Premium Water Distribution SAS and the buyer in connection with distance sales of products offered on berkey-france-millenium.fr.

Validation of an order implies acceptance of these GTC in the version applicable on the date of the order. The buyer is invited to read them before validating the purchase.

Premium Water Distribution SAS reserves the right to amend these GTC, in particular to take account of changes in legislation, regulations, case law or its services. Amendments do not apply retroactively to contracts already concluded.

2 - Products

The products offered for sale are those displayed on berkey-france-millenium.fr, subject to availability.

Each product is presented with its essential characteristics. The buyer must review these before placing an order.

Photographs and illustrations are intended to present the products as accurately as possible. However, they cannot guarantee a perfectly identical representation, in particular with regard to shades, finishes or minor changes to the manufacturer's packaging, provided that these do not affect the essential characteristics of the product.

Premium Water Distribution SAS reserves the right to change its product range at any time.

3 - Prices

For deliveries subject to French VAT, prices are displayed in euros including all taxes (VAT included), unless otherwise stated.

For sales to territories or countries subject to specific tax, customs or import rules, taxes, customs duties or charges that may be payable at destination may remain the responsibility of the buyer when they are not collected directly by Premium Water Distribution SAS.

Any delivery charges are shown to the buyer before final validation of the order.

Premium Water Distribution SAS may change its prices at any time. The applicable price is the price displayed when the order is validated.

4 - Orders and payment

The buyer selects the products to be ordered and checks the references, quantities, billing and delivery details and shipping costs before validating the order.

Before payment, the buyer must check the order summary and may correct any errors.

Final validation of the order entails an obligation to pay.

Payment methods available on the website may include:

• payment by bank card via the secure E-Transactions interface;
• payment by PayPal;
• payment in instalments via PayPal where this option is offered and accepted by PayPal;
• payment by SEPA bank transfer.

The eligibility and operating conditions specific to third-party payment services, including PayPal, are also governed by the contractual terms of those providers.

Premium Water Distribution SAS reserves the right to suspend or cancel an order in the event of a refused, incomplete or fraudulent payment or any payment incident.

Once the order has been validated, a confirmation is sent to the buyer by email to the address supplied when placing the order.

Late payment by professional buyers

The provisions of this paragraph apply only to buyers acting for professional purposes.

In the event of late payment, penalties are automatically due under the conditions laid down in Article L441-10 of the French Commercial Code. Unless a specific rate has been agreed, the applicable rate is the European Central Bank rate for its most recent refinancing operation, plus ten percentage points, without being lower than the statutory minimum.

Any professional buyer in arrears is also automatically liable for the statutory fixed recovery charge of €40, without prejudice to additional compensation where the actual recovery costs incurred are higher and can be substantiated.

5 - Retention of title

Premium Water Distribution SAS retains full ownership of the products sold until full payment of the price, charges and any applicable taxes.

This retention of title does not affect the statutory rules governing transfer of risk to consumers.

6 - Right of withdrawal

In accordance with Article L221-18 of the French Consumer Code, the consumer has fourteen days from receipt of the goods to exercise the right of withdrawal, without having to give any reason.

Where an order covers several goods delivered separately, or goods consisting of several lots or pieces delivered separately, the period runs from receipt of the last good, lot or piece.

The consumer may exercise the right of withdrawal using the online withdrawal function made available on the website, the model withdrawal form set out below or any other unambiguous statement setting out the decision to withdraw.

Online withdrawal

A dedicated function allows the consumer to exercise the right of withdrawal directly and free of charge online: Withdraw from the contract here

This function is also accessible from the website footer, from the customer account and from orders shown in the order history.

After the online withdrawal request has been confirmed, an acknowledgement of receipt is sent to the consumer on a durable medium. This acknowledgement includes, in particular, the content of the withdrawal declaration and the date and time it was submitted.

Use of this online function is not exclusive. The consumer may also exercise the right of withdrawal by any other unambiguous statement, including by email to , stating the buyer's name, order number and the products concerned.

The consumer must retain proof that the withdrawal request was sent.

Withdrawal form

Arranging the return

Before sending any product back, the customer must contact customer service to obtain the instructions required to identify and correctly process the parcel.

This return procedure does not make the exercise of the statutory right of withdrawal subject to discretionary approval by Premium Water Distribution SAS.

Where the right of withdrawal applies, the consumer must send the products back without undue delay and no later than fourteen days after communicating the decision to withdraw.

The direct cost of returning the goods is borne by the consumer.

The product must be packed and protected appropriately for transport. Use of the original packaging and protective materials is strongly recommended where they are still available.

We recommend using a tracked shipping method appropriate to the value of the order and keeping proof of posting until the return has been fully processed.

Refund

Where the right of withdrawal applies, Premium Water Distribution SAS issues the refund in accordance with Article L221-24 of the French Consumer Code. If the withdrawal concerns the entire order, the refund includes the price of the products and the initial delivery costs, up to the cost of the least expensive delivery method offered by Premium Water Distribution SAS for that order. Any additional costs resulting from the customer's choice of a more expensive delivery method are not refunded.

The refund is made using the same means of payment used by the customer for the initial transaction, unless the customer expressly agrees to another means of payment, provided that the refund does not give rise to any charges for the seller or the customer.

Premium Water Distribution SAS may withhold the refund until it has recovered the goods or until the consumer provides proof that the goods have been sent back, whichever occurs first.

Sealed products, filtration systems and hygiene requirements

The filtration systems sold by Berkey® France Millenium are intended to contain, circulate and filter water intended for consumption. Their chambers, spigots, seals, accessories in contact with water and filter elements are therefore intended to come into direct contact with this water during use.

The systems are supplied in the manufacturer's original packaging. Where this packaging is closed with the manufacturer's original adhesive tape that must be cut, torn or removed in order to open the box, that tape constitutes the original sealing device of the packaging. Breaking it establishes that the packaging has been opened after delivery.

Certain filter elements are also supplied in their own manufacturer's packaging. Where original adhesive tape must be cut, torn or removed to access the product, that adhesive also constitutes the sealing device for the relevant packaging.

In accordance with Article L221-28(5) of the French Consumer Code, the right of withdrawal does not apply to sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.

Once the seal has been broken and the components of a filtration system have been unpacked or handled, Premium Water Distribution SAS can no longer guarantee the conditions in which components intended to come into contact with water have been handled or their original sanitary condition.

Premium Water Distribution SAS does not have a manufacturer-approved reconditioning process capable, after unsealing and handling of these components, of restoring and guaranteeing a sanitary condition equivalent to that of a new product for its return to the sales circuit.

Where a system has been unsealed and its unpacking or handling means that its original sanitary condition and its return to sale under hygiene conditions equivalent to those of a new product can no longer be guaranteed, the exception to the right of withdrawal provided for in Article L221-28(5) of the French Consumer Code applies and the product concerned cannot be returned under the right of withdrawal.

A consumer who is considering exercising the right of withdrawal must therefore check the product reference, model and characteristics shown on the packaging before cutting, tearing or removing the original seal.

The right of withdrawal does not constitute a right to use the product for fourteen days.

Filter elements

Filter elements sold by Berkey® France Millenium, including Black Berkey® elements, are intended to come into direct contact with water intended for consumption.

Priming, rinsing, wetting or using a filter element brings it into contact with water and, depending on its technology, causes water to penetrate its structure.

After such handling, Premium Water Distribution SAS no longer controls the quality of the water used or the conditions of handling, drying or storage and can no longer guarantee the filter's original sanitary condition.

A filter element that may be returned must therefore not be primed, rinsed, wetted, installed or used.

Priming, rinsing, wetting or passing water through the element constitutes commissioning of the product and cannot be treated as a simple visual inspection.

Diminution in value resulting from excessive handling

Where the exception provided for in Article L221-28(5) does not apply, the consumer may nevertheless be liable, in accordance with Article L221-23 of the French Consumer Code, for any diminished value resulting from handling beyond what is necessary to establish the nature, characteristics and functioning of the goods.

Premium Water Distribution SAS may therefore inspect, in particular, the condition of products, chambers, spigots, seals, filters, accessories, packaging and protective materials.

Any deterioration, evidence of assembly or use, scratches, tightening marks, traces of water, modifications, missing parts, damaged packaging or other alteration may be taken into account where it results from excessive handling.

Any deduction for diminished value corresponds to the actual loss in value suffered by the goods and is not a fixed penalty.

Inspection of returns and fraud prevention

Returned products may be checked for authenticity, reference, condition and conformity with the products actually dispatched by Premium Water Distribution SAS.

This verification concerns in particular Black Berkey® filter elements and any other product presenting a risk of substitution or counterfeiting.

Any return of a product different from the one dispatched, any substitution, return of counterfeit goods or proven fraud will result in refusal of the refund for the product concerned and may lead to appropriate further action.

For further details on practical arrangements, consumers are invited to consult the Return Policy.

7 - Delivery

Products are delivered to the address or collection point selected when the order is placed.

Carriers offered may include UPS, UPS Access Point, Mondial Relay, La Poste, Chronopost, GLS or DHL depending on the destination and the services available.

Premium Water Distribution SAS delivers the goods on the date or within the period indicated to the consumer at the time of ordering. In the absence of a specific indication, delivery is made without undue delay and no later than the period required by the applicable regulations.

A tracking number is normally provided to the buyer so that the shipment can be monitored.

Collection point changed during transit

A carrier may change the collection point initially selected because of operational constraints, closure, saturation or unavailability of the chosen point.

The customer is informed of the new collection point by the carrier or through the tracking information.

If the replacement collection point is located an abnormally long distance from the original point, the customer is invited to contact customer service so that a solution can be sought.

Failure to collect, incorrect address or failed delivery

The customer is responsible for the accuracy of the delivery details and information provided when placing the order.

When a parcel is made available at a collection point, the customer must collect it within the holding period stated by the carrier.

Failure to collect a parcel does not, in itself, constitute an unambiguous statement exercising the right of withdrawal.

Where a parcel is returned to Premium Water Distribution SAS because it was not collected, because of an incorrect or incomplete address attributable to the customer, or because it was refused for reasons unrelated to damage to the parcel, the actual return costs charged by the carrier and the cost of any new shipment may be charged to the customer within the limits permitted by the applicable regulations.

Parcel damaged by the carrier

The customer must inspect the external condition of the parcel when it is handed over.

If the parcel is open, torn, crushed, dented, repackaged, wet or shows signs of impact or any other visible damage, its condition and, where possible, its contents must be checked immediately.

Home delivery

For home delivery, the customer must inspect the parcel in the presence of the driver.

Where visible damage is present, precise, complete and detailed reservations must be entered on the carrier's delivery note or terminal before the customer signs or validates receipt.

The reservations must specify the condition of the parcel and, where damage to the contents is identified, the name or reference of the item concerned and the exact nature of the damage.

General wording such as “subject to unpacking”, “subject to inspection”, “parcel damaged” or “packaging damaged” is insufficient to identify the damage precisely.

If the parcel and its contents are clearly very seriously damaged, the customer must refuse delivery and state precisely on the carrier's document the nature of the damage observed.

Collection from a parcel shop or retailer

The customer must inspect the external condition of the parcel before leaving the collection point.

If there is visible damage, the customer must report it immediately to the retailer or person responsible for the collection point and ask for the issue to be recorded where the carrier's system allows this.

Where possible, the parcel must be checked on site.

If the collection point cannot formally record a reservation, the customer must immediately take photographs on site and contact Premium Water Distribution SAS customer service without delay.

Collection from an automated locker

When collecting from an automated locker, the customer must inspect the condition of the parcel as soon as the locker is opened.

If the parcel shows visible damage, it must be photographed immediately and Premium Water Distribution SAS customer service must be contacted without delay.

Photographs and evidence required for a carrier claim

For any carrier damage claim to be opened, the customer must provide the photographs necessary to establish the facts.

The photographs must in particular show:

• the parcel as a whole;
• the areas of the box showing impacts, crushing, openings, tears or other damage;
• the shipping label still attached to the parcel and perfectly legible;
• the internal protective materials and packaging;
• the damaged product(s) and the precise nature of the damage.

The box, protective materials, shipping label and packaging components must be kept until the claim has been closed.

The carrier or Premium Water Distribution SAS may request additional photographs or require the parcel to be kept for inspection.

Failure to make precise reservations or immediately report visible damage may prevent Premium Water Distribution SAS from pursuing its claim against the carrier.

Where the reservations, photographs or other evidence needed to open the carrier claim are missing, any complaint will be examined in light of all available evidence, including the condition of the parcel, the nature of the damage, the time taken to report it, available photographs and traceability data.

These provisions governing carrier claims do not affect the consumer's statutory rights against the seller.

Damaged product, incomplete order or picking error

The customer must check the contents of the order as soon as it is received.

In order to preserve evidence, any visible anomaly, damaged product, missing part, missing product or incorrect reference must be reported to customer service within 48 hours of receipt.

The customer must keep the box, protective materials, bags, shipping label and products received until the case has been processed.

Premium Water Distribution SAS may request photographs and compare the complaint with objective information relating to preparation and dispatch of the order, including references picked, logistics checks and parcel weight data.

A report made after the 48-hour period does not deprive the consumer of statutory rights. The time elapsed and the available physical and traceability evidence may, however, be taken into account when assessing the reality, circumstances and origin of the alleged issue.

Where a picking error is attributable to Premium Water Distribution SAS, any return of the product sent in error is paid for by Premium Water Distribution SAS.

8 - Guarantees

Seller responsible for statutory guarantees

Premium Water Distribution SAS
Berkey® France Millenium
16 rue St Antoine du T
Bureau 3
31000 Toulouse
France

Making a guarantee claim

For any guarantee or after-sales service request, the customer must contact Berkey® France Millenium by email at and provide in particular:

• the order number and date;
• the customer's name;
• the reference of the product concerned;
• a precise description of the issue;
• photographs, videos or other information needed to analyse the issue where useful.

As some malfunctions may result from incorrect assembly, priming, installation, maintenance or use, the after-sales service may request reasonable checks needed to determine the nature and origin of the problem.

Where a physical return is necessary, the customer must wait for the after-sales service instructions so that the product is sent to the correct address and under the appropriate procedure.

This return procedure does not condition the existence of the consumer's statutory rights.

Where a claim falls under the statutory guarantee of conformity, it is handled free of charge for the consumer under the conditions laid down by the applicable rules.

Commercial or manufacturer guarantees

Independently of statutory guarantees, certain products may benefit from a commercial or manufacturer guarantee whose duration and conditions are stated in the documentation, product page or guarantee terms applicable to the product concerned.

By way of indication, commercial guarantees currently offered on certain references include:

• filtration system chambers: 12 months;
• Black Berkey® elements: two-year prorated commercial guarantee under the manufacturer's terms;
• PF-2 elements: 6 months;
• Sport Berkey® filters and filter bottles: 3 months;
• certain other accessories: 6 months.

These commercial periods do not reduce or replace the statutory guarantees available to the consumer where applicable.

Exclusions relating to improper use

Commercial or manufacturer guarantees do not cover damage resulting, in particular, from misuse, dropping, incorrect assembly, modification of the product, use contrary to the instructions or lack of maintenance where these circumstances caused the damage complained of.

The following may in particular be excluded from the commercial guarantee where they caused the failure:

• freezing of a filter element;
• breakage of an element following a fall or impact;
• moving or transporting the system with the filter elements installed where this causes their stems to break;
• using a pressurised water device to prime filter elements where contrary to the manufacturer's instructions;
• use of the products with water or under conditions expressly discouraged by the manufacturer, including salt-softened water where discouraged by the manufacturer;
• tests or handling contrary to the manufacturer's instructions, including a red dye test with PF-2 elements installed;
• any modification or use of the product contrary to its intended purpose or the instructions supplied.

These exclusions from a commercial guarantee cannot remove the consumer's statutory rights where the alleged defect actually falls within the statutory guarantee of conformity or the guarantee against hidden defects.

9 - Liability

Premium Water Distribution SAS is responsible for performing its obligations under the conditions laid down by the applicable regulations.

Premium Water Distribution SAS cannot, however, be held liable for damage resulting from use of the product contrary to its intended purpose, installation, use or maintenance instructions, or from an unauthorised modification of the product, where that circumstance caused the damage.

Premium Water Distribution SAS cannot be held liable for temporary interruptions or malfunctions of the website resulting from an external event reasonably beyond its control, subject to mandatory statutory provisions.

10 - Intellectual property

Texts, photographs, logos, illustrations, graphic elements and other content on berkey-france-millenium.fr are protected by the intellectual property rights of their respective owners.

Any unauthorised reproduction or exploitation of these elements is prohibited, except with prior authorisation or where permitted by law.

11 - Personal data

Personal data collected in connection with account creation, an order, delivery or after-sales service is processed in accordance with applicable personal data protection rules, including Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the French Data Protection Act.

The purposes, legal bases, retention periods, recipients and procedures for exercising data subject rights are detailed in our Privacy Policy.

12 - Force majeure

Neither party may be held liable for failure or delay in performing an obligation where this results from an event of force majeure within the meaning of Article 1218 of the French Civil Code.

The affected party informs the other party as soon as possible of the event and its foreseeable consequences.

Where the impediment is temporary, performance of the obligation is suspended for its duration, unless the resulting delay justifies termination of the contract.

Where the impediment is permanent, the consequences laid down by the applicable regulations apply.

13 - Consumer mediation

In accordance with the French Consumer Code provisions on amicable dispute resolution, a consumer may use a consumer mediator free of charge after first submitting a complaint to Premium Water Distribution SAS where that complaint has not resolved the dispute.
Premium Water Distribution SAS is covered by the following mediator:
CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
49 rue de Ponthieu
75008 Paris
France
Website: www.cm2c.net
Consumers may in particular refer a matter to CM2C directly online through its website.
Consumer mediation is free of charge for the consumer, subject to any costs the consumer chooses to incur for assistance, representation or expert advice.

14 - Applicable law and disputes

These GTC are governed by French law, without prejudice to any mandatory provisions offering greater protection to the consumer under the law of the consumer's country of residence where European or international rules so provide.

In the event of a difficulty, the customer is invited to contact Premium Water Distribution SAS first in order to seek an amicable solution.

If no amicable settlement or mediation is achieved, any dispute falls within the jurisdiction of the courts determined in accordance with the applicable statutory rules.

Where the buyer is a consumer, the buyer may in particular bring proceedings before any court having territorial jurisdiction under the applicable rules, including any court whose jurisdiction is made mandatory or available by consumer protection law.