Terms and Conditions
GENERAL TERMS AND CONDITIONS OF SALE
Between SCEA BRANDE BERGERE, 33230 Les Églisottes-et-Chalaures, with a share
capital of €300,000, SIRET 41250739400010, represented by Mr. Nicolas DALIBOT, acting as manager, duly authorised for the purposes hereof, on the one hand (hereinafter the "Seller" or the "Company") and the natural or legal person purchasing products or services from the company on the other hand (hereinafter, "the Buyer", or "the Client"), it has been stated and agreed as follows:
PREAMBLE
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in case of multiple
payments) of the order. These GTC can be consulted on the Company's website at the following address: www.brandebergere.com. The Company also ensures that their acceptance is clear and unreserved by implementing a checkbox and a validation click. The Client declares to have read all of these General Terms and Conditions of Sale, and if applicable, the Special Terms and Conditions of Sale relating to a product or service, and to accept them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares to be legally able to contract under French law or to validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the Product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and exclude specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs
duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to competent authorities, etc.). In this regard, the Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. Telecommunication costs necessary to access the Company's websites are borne by the Client. If applicable, delivery costs as well.
Article 2.1: Price - example of an illegal clause
The Company reserves the right to change the prices of products purchased by the consumer on subscription at any time.
Article 3: Online contract conclusion
The Client must follow a series of steps specific to each Product offered by the Seller to place an order. However, the steps described below are systematic:
➢Information on the essential characteristics of the Product;
➢ Choice of Product, if applicable its options and indication of essential Client data (identification, address, etc.);
➢ Acceptance of these General Terms and Conditions of Sale.
➢ Verification of order elements and, if applicable, correction of errors.
➢ Following payment instructions and payment for products.
➢ Delivery of products. The Client will then receive an email confirmation of the order payment, as well as an acknowledgment of receipt confirming the order. For delivered products, this delivery will be made to the address indicated by the Client. For the proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Client undertakes to provide their truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company's websites. The client certifies having received details of delivery costs as well as payment, delivery, and contract execution terms. The Seller undertakes to honour the Client's order only within the limits of available Product stock. Failing this, the Seller will inform the Client. This contractual information is presented in detail and in French. In accordance with French law, it is
summarised and confirmed when the order is validated. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offer and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these concern a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are exclusively to the natural person
signing the order (or the person holding the email address provided). In accordance with legal provisions regarding conformity and hidden defects, the Seller reimburses or exchanges defective products or those not corresponding to the order. Reimbursement can be requested by contacting the Seller by email at the following address: info@brandebergere.com.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery methods
Products are delivered to the delivery address indicated when placing the order and within the specified timeframe. This timeframe does not include the order preparation time. When the Client orders several products at the same time, these may have different delivery times.
In the event of a delay in dispatch or delivery, the Client has the option of cancelling the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the moment the Client physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Client's responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stock or subject to stock availability from our suppliers. In the event of an item being unavailable for a period exceeding 15 working days, you will be
immediately notified of the foreseeable delivery times and the order for this item may be cancelled upon simple request. The Client may then request a credit for the amount of the item or a refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-ordered products. The Client may pay by credit card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted
according to industry standards and cannot be read during transport over the network. Once payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Client authorises the Seller to debit their card for the amount corresponding to the indicated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately cancelled by right and the order annulled.
Article 9: Right of withdrawal
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return costs". "The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for service provisions". The right of withdrawal may be exercised by contacting the Company by email. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and shipping costs will be reimbursed, return costs remain the responsibility of the Client. Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new; they must, if possible, be accompanied by a copy of the proof of purchase.
Article 10: Warranties
In accordance with the law, the Seller assumes two warranties: conformity and hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by email to info@brandebergere.com. The Seller reminds the consumer that:
- they have a period of 2 years from the delivery of the goods to act against the Seller
- they can choose between replacement and repair of the goods, subject to
the conditions provided for by art. apparently defective or not corresponding - they are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
- that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016
- the consumer can also invoke the warranty against hidden defects of the sold item within the meaning of article 1641 of the civil code and, in this case, they can choose between the cancellation of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Buyer can submit any complaint by contacting the company by email.
Article 12: Intellectual property rights
The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for
any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations under these terms is suspended in the event of an unforeseen event or force majeure that would prevent their execution. The seller will notify the client of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 15: Personal data protection
In accordance with the Data Protection Act of January 6, 1978, you have the right to inquire about, access, modify, object to, and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to us collecting and using this data for the performance of this contract. By entering your email address on one of our network's websites, you will receive emails
containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by registered letter with acknowledgment of receipt. We monitor traffic on all of our websites.
For this, we use tools such as Shopify Analytics and Google Analytics.
Article 17: Applicable Law
All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.
Between SCEA BRANDE BERGERE, 33230 Les Églisottes-et-Chalaures, with a share
capital of €300,000, SIRET 41250739400010, represented by Mr. Nicolas DALIBOT, acting as manager, duly authorised for the purposes hereof, on the one hand (hereinafter the "Seller" or the "Company") and the natural or legal person purchasing products or services from the company on the other hand (hereinafter, "the Buyer", or "the Client"), it has been stated and agreed as follows:
PREAMBLE
Article 1: Purpose and general provisions
These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of Products offered by the Seller.
These General Terms and Conditions of Sale (GTC) apply to all sales of Products made through the Company's websites, which are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these GTC at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or the first payment in case of multiple
payments) of the order. These GTC can be consulted on the Company's website at the following address: www.brandebergere.com. The Company also ensures that their acceptance is clear and unreserved by implementing a checkbox and a validation click. The Client declares to have read all of these General Terms and Conditions of Sale, and if applicable, the Special Terms and Conditions of Sale relating to a product or service, and to accept them without restriction or reservation. The Client acknowledges that they have received the necessary advice and information to ensure that the offer meets their needs. The Client declares to be legally able to contract under French law or to validly represent the natural or legal person for whom they are committing. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 2: Prices
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the Product description pages. They are also indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and exclude specific shipping costs. For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated excluding taxes on the invoice. Customs
duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the buyer and are their responsibility (declarations, payment to competent authorities, etc.). In this regard, the Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time for the future. Telecommunication costs necessary to access the Company's websites are borne by the Client. If applicable, delivery costs as well.
Article 2.1: Price - example of an illegal clause
The Company reserves the right to change the prices of products purchased by the consumer on subscription at any time.
Article 3: Online contract conclusion
The Client must follow a series of steps specific to each Product offered by the Seller to place an order. However, the steps described below are systematic:
➢Information on the essential characteristics of the Product;
➢ Choice of Product, if applicable its options and indication of essential Client data (identification, address, etc.);
➢ Acceptance of these General Terms and Conditions of Sale.
➢ Verification of order elements and, if applicable, correction of errors.
➢ Following payment instructions and payment for products.
➢ Delivery of products. The Client will then receive an email confirmation of the order payment, as well as an acknowledgment of receipt confirming the order. For delivered products, this delivery will be made to the address indicated by the Client. For the proper execution of the order, and in accordance with article 1316-1 of the Civil Code, the Client undertakes to provide their truthful identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 4: Products and services
The essential characteristics of the goods, services, and their respective prices are made available to the buyer on the company's websites. The client certifies having received details of delivery costs as well as payment, delivery, and contract execution terms. The Seller undertakes to honour the Client's order only within the limits of available Product stock. Failing this, the Seller will inform the Client. This contractual information is presented in detail and in French. In accordance with French law, it is
summarised and confirmed when the order is validated. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The validity period of the Product offer and their prices is specified on the Company's websites, as well as the minimum duration of the contracts offered when these concern a continuous or periodic supply of products or services. Unless special conditions apply, the rights granted hereunder are exclusively to the natural person
signing the order (or the person holding the email address provided). In accordance with legal provisions regarding conformity and hidden defects, the Seller reimburses or exchanges defective products or those not corresponding to the order. Reimbursement can be requested by contacting the Seller by email at the following address: info@brandebergere.com.
Article 5: Retention of title clause
The products remain the property of the Company until full payment of the price.
Article 6: Delivery methods
Products are delivered to the delivery address indicated when placing the order and within the specified timeframe. This timeframe does not include the order preparation time. When the Client orders several products at the same time, these may have different delivery times.
In the event of a delay in dispatch or delivery, the Client has the option of cancelling the contract under the conditions and terms defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and "outbound" costs under the conditions of Article L 138-3 of the Consumer Code. The Seller provides a telephone contact point (cost of a local call from a landline) indicated in the order confirmation email to ensure order tracking. The Seller reminds that at the moment the Client physically takes possession of the products, the risks of loss or damage to the products are transferred to them. It is the Client's responsibility to notify the carrier of any reservations about the delivered product.
Article 7: Availability and presentation
Orders will be processed within the limits of our available stock or subject to stock availability from our suppliers. In the event of an item being unavailable for a period exceeding 15 working days, you will be
immediately notified of the foreseeable delivery times and the order for this item may be cancelled upon simple request. The Client may then request a credit for the amount of the item or a refund.
Article 8: Payment
Payment is due immediately upon order, including for pre-ordered products. The Client may pay by credit card or bank cheque. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is carried out by our payment provider. The information transmitted is encrypted
according to industry standards and cannot be read during transport over the network. Once payment is initiated by the Client, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the Monetary and Financial Code, the commitment to pay by card is irrevocable. By providing their banking information during the sale, the Client authorises the Seller to debit their card for the amount corresponding to the indicated price. The Client confirms that they are the legal holder of the card to be debited and that they are legally entitled to use it. In case of error, or impossibility to debit the card, the Sale is immediately cancelled by right and the order annulled.
Article 9: Right of withdrawal
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise their right of withdrawal without having to give reasons or pay penalties, with the exception, where applicable, of return costs". "The period mentioned in the preceding paragraph runs from receipt for goods or acceptance of the offer for service provisions". The right of withdrawal may be exercised by contacting the Company by email. In the event of exercising the right of withdrawal within the aforementioned period, only the price of the product(s) purchased and shipping costs will be reimbursed, return costs remain the responsibility of the Client. Products must be returned in their original and complete condition (packaging, accessories, instructions, etc.) so that they can be remarketed as new; they must, if possible, be accompanied by a copy of the proof of purchase.
Article 10: Warranties
In accordance with the law, the Seller assumes two warranties: conformity and hidden defects of the products. The Seller reimburses the buyer or exchanges products that are apparently defective or do not correspond to the order placed. The refund request must be made by email to info@brandebergere.com. The Seller reminds the consumer that:
- they have a period of 2 years from the delivery of the goods to act against the Seller
- they can choose between replacement and repair of the goods, subject to
the conditions provided for by art. apparently defective or not corresponding - they are exempt from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
- that, except for second-hand goods, this period will be extended to 24 months from March 18, 2016
- the consumer can also invoke the warranty against hidden defects of the sold item within the meaning of article 1641 of the civil code and, in this case, they can choose between the cancellation of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).
Article 11: Complaints
If necessary, the Buyer can submit any complaint by contacting the company by email.
Article 12: Intellectual property rights
The trademarks, domain names, products, software, images, videos, texts, or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these goods for
any reason whatsoever is strictly prohibited.
Article 13: Force majeure
The performance of the seller's obligations under these terms is suspended in the event of an unforeseen event or force majeure that would prevent their execution. The seller will notify the client of the occurrence of such an event as soon as possible.
Article 14: Nullity and modification of the contract
If one of the stipulations of this contract were cancelled, this cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is only valid after a written and signed agreement of the parties.
Article 15: Personal data protection
In accordance with the Data Protection Act of January 6, 1978, you have the right to inquire about, access, modify, object to, and rectify your personal data. By adhering to these general terms and conditions of sale, you consent to us collecting and using this data for the performance of this contract. By entering your email address on one of our network's websites, you will receive emails
containing information and promotional offers concerning products published by the Company and its partners. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company) by registered letter with acknowledgment of receipt. We monitor traffic on all of our websites.
For this, we use tools such as Shopify Analytics and Google Analytics.
Article 17: Applicable Law
All clauses in these general terms and conditions of sale, as well as all purchase and sale operations referred to therein, will be subject to French law.