Terms and conditions of sale of products sold on Black Armoury
Last Updated 12 June 2021
All contractual information is presented in French on our websites. This translation is for informational purposes and any legal procedure will be based upon the French version of these Terms and Conditions. While we believe this translation to be an accurate reflection of the French Terms and Conditions, we cannot be held responsible for any inaccuracies in this English translation.
Article 1 - Subject
These conditions govern the sale by Black Armoury 10 rue des Carrières 43360 Bournoncle Saint Pierre of items, accessories and equipment for Historical Martial Arts.
Article 2 - Price
The prices of our products are shown in euros all taxes included (VAT and other taxes applicable on the day of the order), unless indicated otherwise and excluding processing and shipping costs.
In case of order to a country outside the European Union you are the importer of the products concerned. As of January 1 2021 (application of BREXIT) this also applies to all orders shipped to the United Kingdom.
Tariffs or other local taxes or import duties or state taxes may be payable. These rights and sums are not within the purview of Black Armoury. They will be your full responsibility, both in terms of declarations and of payments to the relevant authorities and agencies in your country. We advise you to find out more about these aspects with your local authorities.
All orders, regardless of their origin, are payable in euros.
Black Armoury reserves the right to change its prices at any time, but the product will be charged on the basis of the current rate at the time that the order is validated, and subject to availability.
The products remain the property of Black Armoury until full payment of the price.
As soon as you physically take possession of the ordered products (declared “delivered” by the shipping company), the risk of loss or damage to the products is transferred to you.
Article 3 - Orders
You can order: On the Internet: blackarmoury.com
Contract information is presented in French and will be confirmed no later than the time your order is validated.
Black Armoury reserves the right not to accept a payment or not to confirm, or to cancel and refund an order before shipping, for any reasonable motive, and especially in the event of a supply or production problem, abnormal or abusive customer requests, or in the event of difficulty with the order received.
In particular, Black Armoury considers the following grounds for refusal reasonable and reserves the right to refuse any order, without having to justify our reasons, if we believe that by accepting the order:
- there is a physical danger to the person taking the order or to others;
- there is a risk that items prohibited to minors will be ordered by or for a minor;
- there is a risk that the products ordered will be used for purposes in violation of French, European or local laws at the destination of the goods or that the products ordered will be used to commit a crime or acts of violence;
- there is a risk that by accepting the order the good reputation of Black Armoury, its shareholders, managers or employees and business partners may be significantly tarnished. In particular, we will refuse any order by groups or individuals who publicly and openly display racist, sexist, or otherwise discriminatory attitudes or comments; promote violence or terrorism or are known for their involvement in criminal or illegal activities.
Article 4 - Validating your order
Any order on the website available on blackarmoury.com requires acceptance of these Terms and Conditions.
Any confirmation of an order will result in your full acceptance of these terms and conditions of sale, without exception or reservation.
All the data provided by and the recorder order confirmation will be considered proof of the transaction. You declare your understanding of this.
The order confirmation will be considered binding and you accept the transactions performed. A summary of your order's information and these Terms and Conditions will be communicated to you in PDF format via the confirmation email address of your order.
Article 5 - Payment
Validating your order means that you accept to pay the full price of your order. Your purchases are settled by bank card through the secure BNP Paribas/Mercanet system, by PayPal, by cheque (in France only and with our agreement) or by bank transfer. The debit of the card or payment by PayPal is made at the time of the order.
We reserve the right to refuse payment by cheque, on a case-by-case basis, without having to justify our reasons.
Article 6 - Retraction
In accordance with the provisions of Section L.121-21 of the French Consumer Code, you have 14 days from receipt of your products to exercise your right of retraction without having to justify reasons or pay a penalty (for orders placed by residents of the European Union).
Product returns are to be made in their original and complete condition (packaging, accessories, instructions). In this context, your responsibility is incurred. Any damage to the product will likely void your right of withdrawal. The return fee is your responsibility.
In the event of the exercise of the right of withdrawal, Black Armoury will refund the sums paid, within 14 days of notification of the withdrawal, or upon receipt of the returned product(s) and via the same means of payment used at the time of the order.
In case you have applied a gift certificate to the order subject to retraction, we will refund the amounts paid via the same means of payment used when the order was ordered and reissue a gift certificate for the gift voucher amount you used during the order.
EXCEPTIONS TO THE RIGHT TO RETRACT
In accordance with the provisions of Section L.121-21-8 of the French Consumer Code, the right of withdrawal does not apply to:
- The supply of goods made according to the consumer's specifications or clearly customized or provided in a variation that is not in our catalogue and which we have ordered from a supplier at your request (the "custom" or standard swords you have requested with modification, custom tailored or embroidered clothing, for example);
- The provision of services fully performed before the end of the withdrawal period and whose execution began after the consumer's express prior agreement and express renunciation of his right of withdrawal (e.g. lessons or workshops);
- The provision of goods or services whose price depends on fluctuations in the financial market that are beyond the control of the professional and which may occur during the withdrawal period;
- The supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection (e.g. sanitary masks, groin protection mouth guards);
- The supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
- Audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- The provision of a newspaper, periodical or magazine, except for subscription contracts to these publications;
- Transactions made at a public auction (some collectibles purchased by us at your request, for example);
- The provision of digital content not provided on a material medium whose execution began after express prior agreement of the consumer and express renunciation of his right of withdrawal.
Article 7- Availability
Our products are available as long as they are visible on the site blackarmoury.com and within the limits of available stocks.
For unstocked products, our offers are valid subject to availability at our suppliers and the time frames for supply or manufacture by these suppliers are not guaranteed.
If your product is unavailable after your order is placed, we will notify you by email. You will have the option to wait for the availability of the products or cancel your order in which case any bank debit will be fully refunded.
In addition, the website accessible on blackarmoury.com or armoury.black is not intended to sell its products in large quantities. As a result, Black Armoury reserves the right to refuse orders for 10 identical items unless agreed prior to the order.
Article 8 - Delivery
The products are delivered to the delivery address indicated during the ordering process, within the time indicated on the order validation page.
Due to fluctuating parameters at carriers since March 2020, Black Armoury reserves the right to deliver by a carrier other than the one selected by the customer at the time of the order, except that:
- The category of delivery chosen by the customer (Relay, with signature or without signature) will be respected, and
- The shipping costs paid by the customer during the order will not be increased if the carrier is modified at the initiative of Black Armoury
- The delivery time chosen by the customer may be shortened by the new carrier choice, but not extended.
The minimum information required to deliver your orders is:
- Full name and surname (You must use your legal name - no "screen names", aliases, etc. - when placing your order, otherwise we cannot guarantee that you will receive your order and cannot be held responsible for non-delivery)
- Valid email address (all notifications concerning your order, including any problems, are sent to this email address. Be sure you are able to receive emails to this address. We cannot guarantee that you will receive your order and cannot be held responsible for non-delivery if you provide an invalid email address)
- Full delivery address with all the details necessary for the carrier to ensure delivery to the right place (e.g. digicode, floor, apartment, company name, etc.);
- Phone number where you can be reached between 8am and 6pm on weekdays;
This information is provided by you and Black Armoury cannot be held responsible for a delay in delivery, loss of goods or delivery to a wrong address due to a lack or error in this data. We therefore advise you to check this data when you submit it, correct it if necessary and notify us immediately if you change your name, delivery address, email and/or phone number.
In case of delay of shipment, an email will be sent to inform you of a possible consequence on the delivery time that had originally been indicated to you.
In accordance with the legal provisions, in the event of a delay in delivery, you have the option to cancel the order under the terms and conditions defined in Article L 138-2 of the French Consumer Code. If in the meantime you receive a product whose order is cancelled, we will proceed with its refund and shipping costs under the terms of Article L 138-3 of the Consumer Code (for orders placed by residents of the European Union).
In the event of deliveries by a carrier, Black Armoury cannot be held responsible for delayed delivery due exclusively to customer unavailability after several appointment proposals by the carrier.
If you are absent after several attempts to deliver by the carrier, or if you do not retrieve your parcel at a drop-off point within the time provided by the carrier (normally 10 days in the Post office or 4 days in Pickup Point), your order will be returned to us by the carrier. In this case, you will be notified by us when we receive the package. You will then have to pay an additional port fee for re-shipping the package. If after 14 days of our receipt of the parcel returned by the carrier and our notification with request for additional shipping charges, you have not paid these shipping fees, and unless otherwise agreed between us, your order will be cancelled and refunded, minus all shipping fees, including the carrier's return fee to us, if any, and the products will be put back in stock.
Article 9 - Guarantee
All of our products benefit from the legal guarantee of compliance and the guarantee of hidden defects, provided for by Articles 1641 and following of the French Civil Code.
Art. L 217-5. "The property is in accordance with the contract:
1. If it is suitable for the usually expected use of a similar product and, if so:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling
2. Or if it has the characteristics defined by the parties or is specific to any special use sought by the buyer, brought to the seller's attention and which the seller has accepted in writing.
Customers are encouraged to use their product with caution. Black Armoury cannot be held liable for defects in the product as a result of misuse (including misuse or use out of the context for which the product was designed), a lack of proper maintenance for the product or improper storage conditions, or intentional degradation or negligent application of the manufacturer's instructions and conditions.
If a product sold is not compliant, it may be returned, exchanged or refunded (see special case below).
All claims, exchange or refund requests must be made by email within 30 days of delivery.
The products must be returned to us in the state in which you received them with all the items (accessories, packaging, notice).
In the case of a valid exchange, the return shipping fee to us will our responsibility and the shipping fee of the replacement to you will be your responsibility. The provisions of this Article do not prevent you from benefiting from the right of withdrawal under Article 6.
Specific compliance cases:
Training, competition and weapon simulators
Steel training and competition weapons are intended for reasonable use and are governed by the rules and practices common in HEMA (Historical European Martial Arts) schools, clubs, associations and tournaments. These weapons are not intended - unless otherwise stated on the product card - for use involving a "full contact" or unreasonably powerful strike, "full contact" use in armor or with a shield, the use of techniques designed to disarm an opponent or break his weapon.
Steel training and competition weapons are consumables and have a limited lifespan, even with regular maintenance and normal use. They are likely to experience the following effects and symptoms, which will not adversely affect their compliance:
- play or vibrating in the guard, grip or pommel after use;
- rust on metal parts of weapons. These weapons are made of steel (pommels, some guards) and tempered steel (blades and some guards). This material rusts naturally. Regular maintenance of the weapon, as well as proper transport and storage, will prevent this rust;
- signs of impact, notches, etc. on the blade, guard, grip or pommel. As weapon-to-weapon and weapon-to-protector impact against protective equipment is a frequent and recurring element in the practice of HEMA, these signs of impact are unavoidable. Regular maintenance of the weapon will reduce their appearance and the risk of it weakening the weapon;
- taking a bend or deformation of the blade, especially fine blade weapons or intended for thrust practice;
- work hardening and possibly breaking the blade. These weapons are made of tempered steel. This material gradually becomes hardened and more brittle when it undergoes repeated strong impacts. As weapon-to-weapon and weapon-to-protector impact against protective equipment is a frequent and recurring element in the practice of HEMA, this work hardening and the subsequent weakening are inevitable and irremediable. If the customer notices this work hardening (loss of blade flexibility, noticeable change in vibration during an impact, or cracks on the blade), we encourage the customer to retire this weapon and stop using it. The use of a work hardened blade will inevitably result, sooner or later, in the breaking of the blade.
If any of these symptoms appear on the weapon when you first unpack it (for all symptoms) or during its first use (except 2 and 3 above), or if you suspect a hidden vice, you may exercise your rights under Articles 1641 and following of the French Civil Code.
However, training and competition weapons are products from multiple suppliers or manufactured for Black Armoury under one of its brands by craftsmen. It can take several months to make a custom weapon (from three months to a year or more, depending on the weapon and the craftsman). Therefore, if you return a weapon for warranty repair or replacement, the conditions are:
Only the craftsman or supplier who produced the weapon is capable of determining whether it is defective, has a hidden vice or has broken due to a hidden vice or production defect;
The weapon must therefore be returned, including any broken part, at your expense, so that the craftsman can examine it and make his determination. You must return the weapon in the condition it is at the time you notice or suspect a vice or defect. Under no circumstances should you attempt to repair, disassemble, modify or otherwise intervene on the weapon before the craftsman's inspection. Any intervention on your part before inspection by the craftsman will void your the right of claim;
- If no hidden vices or manufacturing errors are determined on the weapon by the craftsman you can request that it, including any possibly broken part, be returned to you, at your own expense;
- if, on the contrary, a hidden vice or manufacturing error is recognized by the craftsman, the weapon will be repaired or replaced with an identical weapon at no additional cost, and then returned to you at our expense or at the craftsman's expense. Your shipping costs will be refunded on the basis of the rate charged;
If the weapon in question is in the catalogue and in stock, we will ship you a substantially identical replacement weapon within a week. If the weapon is in the catalogue but not in stock, we will ship it within 6 to 8 weeks;
If we repair or replace your custom or out of catalogue weapon, the time frame for this repair or new manufacture will be at least two months but can go up to the normal deadlines for the craftsman producing the weapon. We will do everything possible to ensure the priority of repair or replacement, but because of the (often international) distances of craftsmen, the vagaries of artisanal manufacturing and workshop schedules, Black Armoury cannot guarantee the delay.
The protective equipment we sell is intended for reasonable use and is governed by the rules and practices common in HEMA (Historical European Martial Arts) schools, clubs, associations and tournaments. This equipment is not intended - unless otherwise stated on the product card - for use involving "full contact" or unreasonably powerful strikes.
This equipment is intended to help protect the user from serious or fatal accidents as part of the above practice and uses. No sports protective equipment can fully protect its user from injury or accident. Only a reasonable and supervised sport practice, in conjunction with protective equipment adapted to the activity practiced, can limit, without eliminating them, the risks of injury or physical inconvenience. The customer uses these protections entirely under his or her own responsibility.
These protective equipment are consumables and have a limited lifespan, even with regular maintenance and normal use. The impact of weapons against protective equipment, equipment against equipment, and equipment against the ground are frequent and recurring elements in the practice of HEMA and cosmetic and physical degradation of these equipment is inevitable.
The majority of protective equipment is designed to reduce the effects of an impact on the human body by undergoing deformation or breaking in its place (mask or helmet deformed by an abnormally powerful impact, for example). This potentially permanent deformation of the equipment is normal and part of its design. Similarly, protective equipment that has suffered an abnormal impact should be retired from use, as it may be invisibly rendered ineffective by this impact.
Black Armoury points out that certain physical injuries or inconveniences are inevitable in the practice of Historical Martial Arts, Fencing, Combat and Opposition Sports, LARP and similar activities. These protective equipments are not guaranteed to completely prevent injuries such as bruises and bruises, injuries to joints, cartilage, muscles and ligaments, fractures or broken bones (especially fingers), head or cervical injuries, lacerations requiring stitches or not, but only to reasonably limit the chances of a serious or fatal accident occurring.
Black Armoury cannot be held responsible for any injuries, damages or inconvenience suffered during the use of these protections.
Article 10 - Responsibility
The products on offer comply with current French legislation.
Black Armoury cannot be held liable for non-compliance with the laws of the country where the product is delivered. It is up to you to check with the local authorities for the possibilities of importing or using the products or services you plan to order.
In addition, Black Armoury cannot be held liable for damages resulting from misuse of the purchased product, or as a result of continuing to use equipment that has been poorly maintained, damaged or having suffered an abnormally strong impact.
Finally, Black Armoury cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a service disruption, external intrusion or the presence of computer viruses.
Article 11 - Law applicable in cases of litigation
The language of this contract is the French language. These terms of sale are subject to French law. In the event of a dispute, the French courts will be the only ones competent.
Article 12 - Intellectual Property
All elements of the site accessible on blackarmoury.com are and remain the intellectual and exclusive property of Black Armoury SAS or the brands it represents.
Article 13 - Personal Data and GRPD
Black Armoury reserves the right to collect personal information and personal data about you. They are necessary to manage your order, as well as to improve the services and information we send you.
Black Armoury complies with the GRPD and French data protection laws.
See the Personal Data and GRPD page for more details on our RGPD policy and personal data.
Article 14 - Archive Proof
Black Armoury will archive purchase orders and invoices on reliable and durable support that is a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code.
Black Armoury's computerized records will be considered by all parties involved as evidence of communications, orders, payments and transactions between the parties.