General terms and conditions

Authenticity of product details

We would like our products to make you happy. This is why we invite you to devote some time to carefully reading the description of the conditions of each item before buying it.

We would also like you to acknowledge that what you see on your screen might slightly differ from what the actual pieces look like, due to different screen settings. Furthermore, please note that given the artisanal nature of our rugs, listed sizes are approximate. Therefore, please do not hesitate to ask us for extra images of the items you are interested in, or to share any doubts you might have.

Our headquarters are based in Paris and in Barcelona. If you are in these areas and wish to see and touch our products, we may organise a meeting to allow you to get to know us and our carpets live. Feel comfortable to contact us to discuss about this possibility

It is totally common that our carpets shed a little wool over the first few weeks of usage. Regular use of the rugs and vacuum cleaning will contribute to get over it. 

Our vintage collection is characterised by some special items that have lived through history and may have been shared by different people. These pieces might carry few signs of wear and restoration, making them unique and even more valuable.

Website Content

All the content on Berberfish’s web pages belongs to Berberfish. All rights are reserved. The content of these web pages is provided “as it is”. Except as required by applicable law, no warranty of any kind, either expressed or implied, is made in relation to the accuracy, reliability or content of the pages. Berberfish reserves the right to revise the pages or withdraw access to them at any time. By accessing the web pages of Berberfish, you agree to the terms set out here.

Privacy

We care about your privacy. If we ask you to provide information to be identified when you use this website or contact details for shipment purposes, it will only be used by us to communicate with you and for internal records. We will never share your information with third parties.

We use PayPal, credit and debit card as secure payment methods. All your data are protected by the providers of each service.

Our website might contain links to other websites of interest. Once you click on these links to navigate elsewhere, please be aware that we do not have any control over other websites. Therefore, we cannot be responsible for the protection and privacy of any information that you provide whilst visiting such sites. Please note that other websites may not be ruled by our privacy statement.

Terms & Conditions

Article 1 – Identity of the trader

Berberfish Carpets&Rugs
34 Rue Dupleix
75015 Paris
France
Email: info@berberfish.com
VAT identification number: FR xxxxxxx

Article 2 – Definitions

In these General Terms and Conditions the following expressions shall have such meanings:

Trader: the natural or legal person who provides distance marketing of consumer products and/or services.

Consumer: the natural person not acting in the exercise of profession or business, and who enters into a distance contract with the trader.

Means of distance communication: a medium which can be used to enter into an agreement, without physical proximity of the consumer and the trader, such as (but not limited to) by fax, telephone and internet.

Distance contract: a contract in which, up to the conclusion of the same, exclusive use is made of one or more means of distance communication in the system organised by the seller or service provider (trader) for distance sale of products and/or services.

Right of withdrawal: the option for consumers to withdraw from the distance contract within the cooling-off period.

Cooling-off period: the period during which consumers may avail of their right of withdrawal.

Day: calendar day.

Long-term transaction: a distance contract concerning a number of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period.

Long-term data storage media: any means that allow the consumer or trader to store all the information which is directed to him/her personally, in such a way that allows for future consultation and unaltered reproduction of that information.

Article 3 – Applicability

  1. These general terms and conditions apply to any distance contract entered into by the trader and the consumer, and to any offer from the trader.
  2. The trader makes the text of these general terms and conditions available to the consumer at any time. The general terms and conditions can be delivered electronically to the consumer on request or they can be viewed by the consumer on our website at any time.
  3. If, in addition to these general terms and conditions certain product or service conditions apply, the second paragraph shall apply accordingly, and in the event of contradictory (general) conditions, the consumer may always appeal to the applicable provision most favourable to him/her.

Article 4 – The contract

  1. The contract becomes valid when the consumer accepts the offer and meets the terms and conditions, with due regard for the stipulations in paragraph 6 of this article.
  2. If the consumer accepts the offer via electronic means, the trader shall immediately confirm the receipt of the acceptance of the offer via electronic means. Until the moment the receipt of said acceptance has not been confirmed by the trader, the consumer may reject the contract.
  3. If the consumer has accepted the offer via electronic means, the trader must take appropriate technical and organisational security measures for the transfer of electronic data. The trader shall take appropriate security measures into account if the consumer is given the option to pay electronically. In this context, the trader shall ensure a secure web environment.
  4. The trader shall send the following information upon request of the consumer, or this information can be viewed by the consumer on our website at any time:
  5. the visiting address of the business establishment of the trader where the consumer may go with any complaints;
  6. the conditions for termination of the contract if the contract has a duration of more than one year or is indefinite;
  7. the information as stated in article 5, paragraph 3, unless the trader already provided the consumer with this information before the execution of the contract;
  8. the information corresponding to guarantees for consumer goods and after-sales services;
  9. the conditions under which, and the manner in which, consumers may avail themselves of the right of withdrawal, or a clear notification regarding the exclusion from the right of withdrawal.
  10. If the trader has agreed to deliver a series of products or services, the stipulation in paragraph 4 applies to the first delivery only.
  11. The trader may (within the limits of the law) gather information about the ability of the consumer to fulfil their commitments, as well as all facts and factors relevant to a distance contract. If the trader, acting on the results of this investigation, has sound reasons not to enter into the agreement, he is lawfully entitled to refuse an order or request, or to include special terms for its execution.

Article 5 – The offer

    1. The trader shall explicitly state if an offer is of limited duration, or if certain conditions apply.
    2. The offer contains a complete, accurate and detailed description of the products and/or services provided, so that the consumer is able to judge the product/service adequately. If the offer is equipped with images, these have to be real pictures of the products and/or services provided. Obvious mistakes or errors in the offer perceived by the consumer are not binding for the trader.
    3. With an offer, the trader clearly indicates the rights and duties of the consumer when accepting the offer. Important ones:

    the price including taxes;

    if applicable, the delivery costs;

    delivery, payment or execution procedure of the contract;

    the manner in which the consumer may look for information about actions he/she does not require before concluding the contract, as well as the way he/she may correct these actions before the conclusion of the contract;

    possible languages, including French, in which the contract shall be entered into;

    the minimum duration of the distance contract in the event of a long-term contract or a contract, including continuous or periodical delivery of products or services;

    whether or not the right of withdrawal applies;

    if the contract is filed after conclusion, how the consumer can consult it;

    the price of distance communication if the costs for using the technology for distance

    communication are calculated on a basis other than that of the service charge;

    acceptance period of the offer, or the period for which the price will be honoured.

Article 6 – The price

  1. All prices of the offered products or services shall include VAT. Under no circumstances are hidden costs permitted, such as taxes (VAT), packaging or delivery charges. Where these costs apply, they are to be indicated clearly with the offer.
  2. The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
  3. With products or services whose prices are subject to fluctuations in the financial market that are out of the control of the trader, the trader may, contrary to the previous paragraph, offer products/services at variable prices, provided the trader clearly indicates with the offer that prices may vary and that the prices indicated are target prices.
  4. Price increases within three months of the conclusion of the contract are not permitted unless they are the result of statutory schemes or provisions.
  5. Price increases after three months of the conclusion of the contract are not permitted unless the trader has negotiated this, they are the result of statutory schemes or provisions, or the consumer has the option to terminate the contract in the event of a price increase.

Article 7 – Payment

  1. The amounts owed by the consumer are, unless agreed otherwise, to be paid within 14 days after receiving the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to that service.
  2. In the event of non-payment or default of payment on the part of the consumer, the trader may, unless lawful restrictions apply, charge any reasonable costs incurred to the consumer, provided that the consumer was informed of this beforehand.
  3. The consumer is to inform the trader immediately of possible inaccuracies in the payment details provided or stated.
  4. When selling products to consumers, it is not permitted to stipulate an advance payment of more than 50% in the general terms and conditions. It is permitted to negotiate an advance payment of more than 50%. If an advance payment was agreed, the consumer may not assert any rights regarding the execution of that order or service before the agreed advance payment has been made.

Article 8 – Right of Withdrawal with delivery of products

  1. When purchasing products, the consumer has the right to repudiate the contract without specifying any reasons, for a period of 14 days, starting the day of receipt of the product, purchased by or on behalf of the consumer.
  2. In the event the consumer wishes to avail of the right of withdrawal, he or she may only unpack or use the product to the extent necessary to judge whether or not he or she wishes to keep the product. During this period, the consumer shall treat the product and packaging material carefully. The consumer shall return the product with all delivered accessories and, as far as possible, in the original condition and packaging, in accordance with the reasonable and clear instructions indicated by the trader.

Article 9 – Right of Withdrawal with the provision of services

  1. In the case of providing services, the consumer has the right to repudiate the contract without specifying any reasons, for a period of 7 days, starting the day of the commencement of the contract.
  2. The consumer shall follow the reasonable and clear instructions to avail of his right of withdrawal, as provided to him by the trader with the offer and/or at the latest, with the delivery.

Article 10 – Costs in the event of withdrawal

  1. In the event the consumer avails of his right of withdrawal, the maximum he or she shall be charged is the amount equal to that of the returning costs.
  2. In the event the consumer has made a payment, the trader shall return this amount as quickly as possible, no later than 30 days after the return or withdrawal.
  3. Shipping costs and possible customs or import duties will not be refunded and are always to be paid by the consumer.

Article 11 – Exclusion from the right of withdrawal

  1. The right of withdrawal may only be excluded by a trader if the trader has clearly indicated this in the offer and in good time before commencing the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. that spoil or age quickly;
  4. that cannot be returned due to their nature;
  5. for audio and video recordings and computer software of which the consumer has broken the seal;
  6. for copies of newspapers and magazines;
  7. that were made by the trader in accordance to the specifications of the consumer;
  8. whose prices are subject to fluctuations in the financial market that are out of the control of the trader;
  9. that are obviously of a personal nature;
  10. Exclusion of the right of withdrawal in case of services is possible:
  11. with betting and lotteries;
  12. with services of which the delivery, with explicit consent of the consumer, started before the cooling-off period expired;
  13. regarding transport, transportation, restaurant business, accommodation or leisure activities, to be carried out on a certain date during a certain period.

Article 12 – Long-term transactions

  1. When a contract is entered into for an indefinite period, the consumer may terminate the contract at any time, with due consideration of the conditions for termination of the contract, and a period of notice of no more than one month.
  2. The maximum term for a fixed-term contract is two years. If it has been agreed that the distance contract will be extended in the event of tacit consent of the consumer, the contract shall be continued as a contract of indefinite period, and the period of notice after continuation of the contract shall be no more than one month.

Article 13 – Delivery and execution

  1. When receiving and when executing product orders, as well as with the assessment of requests for the provision of services, the trader shall execute these tasks with due diligence.
  2. The trader acknowledges electronic communication and shall not deny its validity or legal effects for the sole reason that the communication happens electronically.
  3. If delivery of an ordered product turns out to be permanently impossible, the trader shall make an effort to offer an equivalent replacement product. It shall be reported in a clear and comprehensible manner that a replacement product will be delivered at delivery at the latest. With replacement products, the right of withdrawal cannot be excluded and the consumer is free to repudiate the contract, in which case any possible costs for return shipment shall be borne by the trader.
  4. Unless explicitly agreed otherwise, the risk of loss and/or damage to products shall remain with the trader until the moment of delivery to the consumer.
  5. The address provided by the consumer to the trader shall be the place of delivery.
  6. The trader shall, considering the stipulations in Article 5, execute accepted orders with convenient speed, within 30 days, unless a longer delivery period was agreed. In the event of delay in delivery, or if an order cannot be delivered or only partially be executed, the consumer shall be informed of this no later than one month after ordering. In such cases, the consumer is entitled to repudiate the contract free of charge and a right to possible compensation.
  7. In the event of repudiation under the preceding paragraph, the trader shall return the payment made by the consumer as quickly as possible, no later than 30 days after repudiation.

Article 14 – Guarantee

A guarantee arrangement provided by the trader, manufacturer or importer cannot limit or set aside the rights and claims a consumer has by virtue of the law and/or the distance contract regarding any shortcoming of the trader in the fulfillment of the obligations toward the consumer.

Article 15 – Conformity

The trader guarantees that the products and/or services comply with the contract, the specifications listed in the offer, the reasonable requirements of usability and/or reliability, and the existing provisions of the law and/or government regulations on the date the contract was entered into.

Article 16 – Settlement of complaints

  1. The trader shall have a sufficiently advertised complaints procedure and shall attend to the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the contract are to be fully and clearly described and submitted to the trader within a reasonable period after the consumer has established the defects.
  3. The trader shall attend to and address the submitted complaints as quickly as possible, but no later than 14 days from the date of receipt. If a complaint is expected to require a longer processing time, the trader shall answer within the 14-day period with an acknowledgement of receipt and an indication of when the consumer may expect a more comprehensive response.

Article 17 – Additional conditions or deviations

Additional conditions or deviations from these general terms and conditions may not be to the prejudice of the consumer and must be put in writing or be recorded in such a way that they can be stored by the consumer in an accessible manner on a sustainable data storage medium.

Article 18 – Governing law

Contracts between the trader and the consumer, to which these general terms and conditions apply, are strictly governed by French law.