The website www.brentinyparis.com is published by the company BRENTINY PARIS with a capital of € 7,500 whose registered office is located at 44 rue des Combalettes 01100 Oyonnax FRANCE, and registered with the unique Identification number 798 836 458 RCC BOURG -EN-BRESSE, intra-Community VAT number FR327 988 364 58, phone number: +33 (0)4 81 68 07 92.
2.1. Object of the Agreement
These General Terms and Conditions of Sale (henceforth "GTC") are applicable exclusively to the online sale of ready-to-wear products and related products and accessories of the company BRENTINY PARIS (the “Seller”) on the Website which is freely accessible and free of charge.
2.2. Field of application
The GTC govern the contracts for the online sale of the Seller's products to buyers who are
of Consumers, understood as natural persons acting for personal purposes (the "Consumers") and constitute, together with the online (the "Consumers") and, together with the online order, constitute the paper and/or electronic documents formalizing the distance selling contract between the parties, to the exclusion of all other documents.
The GTC are exclusively applicable to products delivered to Consumers established in France and/or in a member country of the European Union.
2.3. Availability and mandatory nature
The GTC are made available to Consumers on the Website for free consultation and as a
as a step in the ordering process.
The GTC are binding on the Consumer who acknowledges, by ticking the box provided for this purpose when ordering as specified in Article 6 below, that they have been made aware of them and have accepted them before placing order.
The validation of the order by its confirmation implies acceptance of the GTC in force on the day of the order, which are kept and reproduced by the Seller in accordance with Article 1127-2 of the 1127-2 of the Civil Code.
2.4. Cancellation- Waiver
The invalidity of a contract term does not lead to the invalidity of the GTC, except for those terms that are impulsive and determining of the consent of the parties.
The non-application of a term of the GTC by the Seller shall not constitute a waiver on its part, except in the case of a positive and unambiguous act.
3.1 Products features
The products available for sale on the Website are described. The pictures are not part of the offer if they are not misleading.
3.2. Stock availability
The products are available and delivered within the limits of available stocks. In the event of unavailability of the ordered product, the Seller shall inform the Consumer and may offer him a product of equivalent quality and price or, failing that, a purchase voucher for the order that can be used for any next purchase.
In the event of disagreement, the Seller shall refund the sums paid within a period of
fourteen (14) days. The Seller is not liable for any cancellation indemnity.
4.1. The selling price.
The selling price is that in force on the day of the order.
The selling prices, in accordance with Article L. 112-1 of the French Consumer Code, are listed for each of the products in the electronic catalogue, in euros, including all taxes, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount due by the Consumer is indicated on the order confirmation page of the Website (see Article 6 below).
The Seller reserves the right to change its prices at any time, except that the current price on the day of the order shall be applied in any case.
Additional transport, delivery or postal charges (in addition to any other costs incurred by the Seller), of which the customer may have been aware before ordering, are set out on the order form.
5.1. The field application of the online sales
The online sales offers on the Website are reserved for Consumers living in France and/or in a member country of the European Union and for deliveries in these same geographical areas.
The online sales offers presented on the Website are valid, in the absence of any indication of a particular duration, if the products appear in the electronic catalogue and within the limit of available stocks.
Acceptance of the offer by the consumer is validated, in accordance with the double-click procedure, by the confirmation of the order.
6.1. Steps for concluding the contracts.
(a) To place an order, the Consumer, must create an account.
(b) The Consumer fills his virtual shopping cart by indicating the selected products and the desired quantities, then clicks on the “Order” button on the shopping cart icon. A "summary" page lists the product(s) selected and the quantities.
(c) Before clicking on the "Confirm Order" button, the Consumer can check the details of his order and its total price and to return to the previous pages to correct any errors or possibly modify his order.
(d) Then, he provides the delivery information (place and method of delivery through two steps).
(e) The confirmation of the order then implies, at the time of the validation of the transport, the acceptance of the GTC by ticking the box provided for this purpose, thus establishing the contract, it being specified that the GTC can be consulted by clicking on the link "Read the general sales conditions".
(f) Payment is then made by credit card or via PayPal for an additional fee of two euros (EUR 2).
(g) Before choosing the payment method, the Consumer can view the order summary again and return to the previous pages to correct any errors or to make any changes to the modify his/her order.
6.2 Order change
Any order modification by the Consumer after confirmation of his order is subject to acceptance by the Seller.
The Seller reserves the right to make changes to the product ordered that are related to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
6.3. Validation of the ordering
The Seller reserves the right to refuse any order for legitimate reasons and more particularity if the quantities of products ordered are abnormally high for buyers with the status of Consumers.
6.4. Acknowledgement of receipt of the order
The Seller will acknowledge receipt of the order electronically.
The contract of sale is formed at the time the consumer sends the confirmation of his order.
7.2. Archiving and evidence
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium to constitute a faithful and durable copy in accordance with article 1366 of the Civil Code and Article L. 213-1 of the Consumer Code. These communications, order forms and invoices may be produced as proof of the sales contract.
The order can be resolved by the buyer by registered letter with acknowledgement of receipt or in writing via the contact form of the Website in case:
— delivery of a product not conforming to the declared characteristics of the product.
— (b) if the delivery date is exceeded beyond the deadline set in the purchase order or, in the absence of such a date, within thirty days of the conclusion of the contract, after the seller has been instructed, in the same way and without result, to make delivery within a reasonable additional period, in accordance with Article L. 216-2 of the Consumer Code.
— price increase which is not justified by a technical modification of the product imposed by the government.
The Seller shall refund the sums paid within fourteen (14) days from the date on which the contract was terminated.
It is specified that in accordance with Article L 241-4 of the Consumer Code when the Seller has not reimbursed all the said sums within the said period of fourteen (14) days, these sums shall be automatically increased by 10% if the refund is made no later than thirty days after this deadline,
by 20% up to sixty days and by 50% thereafter.
In all these cases, the Buyer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of payment.
The order may be cancelled by the Seller in the event of:
– refusal by the Buyer to take delivery;
– non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid at the time of the order remains with the Seller as compensation.
The price is due in full after confirmation of the order.
With the exception of sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in Article 3-2 of the GTC, any sum paid in advance on the price shall bear interest at the legal rate at the end of a period of three months from the date of payment until the delivery of the product or, failing that, on the return of the sum paid on ordering, in accordance with Article L. 214-2 of the Consumer Code.
Payment is made immediately upon order via credit card or deferred on delivery, by direct debit, cheque or bank transfer.
8.2. Payment security
The Website is designed with an online payment security system allowing the Consumer to encrypt the transmission of their bank details.
The Website indicates the accepted payment methods.
8.3. Title retention clause
Where applicable, the Seller remains the owner of the products until full payment of the price.
9.1. Late delivery
If the product ordered is not delivered by the end of the period mentioned on the order form or, failing that, the additional legal period of thirty days, the Consumer may, after having given formal notice to the Seller unsuccessfully to execute the delivery within a reasonable additional period, cancel the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.
9.2. Place of delivery
The products are delivered to the address indicated by the customer on the order form.
9.3. Terms of delivery
Delivery is made by directly handing over the product to the Consumer at the address indicated when placing the order online. It is the Consumer's responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or shortages, to issue a statement of the delivered product and, in the event of damage or missing items, to make reservations on the delivery note or on the transport receipt, and possibly to refuse the product and to inform the Seller.
In the absence of direct delivery, the Seller sends a notice of availability to the Consumer who must
withdraw the product ordered within fifteen (15) days of the notice. In the absence of withdrawal within this period, the Seller may, after a formal notice has remained without effect, automatically cancel the order and retain the deposit paid and the product as compensation.
9.4. Delivery and passing of risk.
The risk of loss of or damage to the goods shall pass to the consumer at the time when he takes, or a third party designated by him, physical possession of the goods, without distinction according to their nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the consumer's risk and peril from the moment the goods are handed over to the carrier.
10.1 Information to the Consumer.
It is hereby noted that all products supplied by the Seller are covered by the legal guarantee of conformity provided for in articles L. 217-4 et seq. of the French Consumer Code or the guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
10.2. Enforcement of the guarantee of conformity
In accordance with Article L. 217-4 of the French Consumer Code, "the Seller is required to deliver goods conform to the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his expense by the contract or has been carried out under his responsibility. "
In accordance with Article L. 217-5 of the French Consumer Code, "To be in conformity with the contract, the goods must:
1. Be fit for the purpose usually expected of similar goods and, where applicable:
– correspond to the description given by the Seller and possess the qualities that the Seller presented to the Buyer in the form of a sample or model.
– have the qualities that a Buyer may legitimately expect in view of the public statements made by the Seller, by the producer or by his representative, in advertising or labelling.
2. Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Buyer, brought to the attention of the Seller and accepted by the latter.
In accordance with article L. 217-12 of the same code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
When acting under the legal guarantee of conformity, the Consumer:
– has two years from the delivery of the goods to act.
– may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code.
– is exempted from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.
In accordance with Article L. 217-16 of the same code: "When the Buyer asks the Seller, during the
commercial guarantee granted to him at the time of the acquisition or repair of a movable good, a repair covered by covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee. This period shall run from the date of the Buyer's request for intervention or from the time the goods in question are made available for repair, if this is after the request for intervention.”
10.3. Enforcement of the guarantee for hidden defects
In accordance with Article 1641 of the Civil Code: "The Seller is bound by the warranty for hidden defects in the item sold which make it unsuitable for the purpose for which it was intended, or which diminish its value that the Buyer would not have acquired it or would only have given a lower price for it, if he had he known of them. "
In accordance with Article 1648 of the Civil Code: "The action resulting from latent defect must be brought by the Buyer within two years of the discovery of the defect. "
The Consumer can decide to use the guarantee against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, he can opt for the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.
Regardless of the commercial guarantee, the Seller remains bound by the legal guarantee of conformity mentioned in articles L. 217-4 et seq. of the French Consumer Code and that relating to defects of the sold good, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.
11.1. Conditions, time limit and terms of exercise
You will have the right to withdraw, without giving any reason, within fifteen (15) days after the day on which you, or the third party you have appointed to do so, takes physical possession of the goods or, were or, if applicable, the last batch or piece.
To use the withdrawal right, you must notify us:
– your name, geographical address and, when available, your phone number and e-mail address.
– and your decision to withdraw from the contract by means of an unambiguous statement (letter, e-mail).
11.2 Sample of the withdrawal form and information notice
You can use the sample of the withdrawal form at the end of the document, but it is not compulsory.
An information notice is also attached at the end of the document.
In the event of withdrawal, we will refund all payments received from you, including delivery costs (except for any additional costs arising from the fact that you may have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and in any event no later than fourteen days from the day on which we are informed of your decision to withdraw.
We would make the refund using the same payment method you would use for the original transaction. With your express consent, another method may be used. In any case, this refund would not incur any costs for you.
It is hereby reminded that the Customer's liability in the event of withdrawal after use of the goods, for the deterioration of the goods resulting from handling other than that necessary to establish the nature, features and proper functioning of the goods.
The Seller has the right to postpone the refund until receipt of the ordered goods, or until the order, or until the Customer has provided proof of shipment of such good(s), the earliest of which shall be the date of the first of these facts.
11.4. Return and return costs.
In the case of withdrawal by the customer, the latter must return the goods to Brentiny Paris, 44 rue des Combalettes in OYONNAX 01100, without undue delay and, in any event, no later than fourteen (14) days following the notification of the withdrawal.
The Consumer SHALL PAY THE COST OF RETURNING THE GOODS in event of withdrawal and in the case of distance contracts, the cost of returning the goods when, due to their nature, they cannot normally be returned by post.
The Website, the elements reproduced on the Website, including the BRENTINY® brand, are the exclusive property of the Seller, protected by copyright, trademark and patent law. Any reproduction and dissemination of these elements, without prior written authorisation from the publisher, shall expose the offenders to legal proceedings.
The Seller collects and processes personal data from Consumers for the following purposes: (i) operations relating to the day-to-day management of customers as concerns contracts and orders, (ii) the provision of products and services on the Website, (iii) the management of returns, and the exercise of the right of withdrawal, (iv) management of payments, invoicing, outstanding payments and litigation.
The Consumers who do not wish to provide the information necessary for the use of the services offered by the Website and, if necessary, to create a personal space, will not be able to use the services offered by the Seller, nor place an order on the Website.
In accordance with the French Data Protection Act, you have the right to access, rectify and, subject to the legal provisions the legal provisions applicable to the matter, to delete data concerning you,
the person in charge of processing is Yasin GUNES.
If you have previously agreed, you may receive marketing emails or SMS from the Seller which you can unsubscribe from, for emails, by clicking on the unsubscribe link at the bottom of each email received and for SMS by clicking on STOP in each SMS received. It is also specified that the Customer who does not wish to be the subject of commercial prospecting by telephone may register free of charge on the Bloctel opposition list on the website bloctel.gouv.fr.
If you do not want your personal data to be used for commercial purposes, please inform the department responsible for processing.
14.1. Prior complaint
In the case of a dispute, you must first contact customer service by any means.
14.2. Mediation request
If the request for a complaint to the Consumer Affairs Department is unsuccessful or if there is no response from this department within two months, the Consumer may submit the dispute relating to the order form or these GTC between him and the Seller to a mediator who will attempt to bring independently and impartially the parties together in order to reach an amiable solution.
The parties to the contract remain free to accept or refuse the use of mediation as well as in the vent of mediation, to accept or refuse the solution proposed by the mediator.
The Consumer can also get in touch with the (Centre Interprofessionnel de Médiation et d’Arbitrage) Inter-professional Mediation and Arbitration Office of LYON: IMAO (CIMA) located at 32 Quai Perrache 69002 Lyon, phone number: +33 (0) 4 78 28 26 70, email address: [email protected].
In the absence of an amicable agreement, you may refer to the court any dispute relating to the existence, interpretation the conclusion, performance or termination of the contract and all documents related to the contract.
The relevant court will be that of the defendant's domicile (Article 42 of the Code of Civil Procedure) or the place of actual delivery of the goods (Article 46 of the same Code).
This contract and the GTC governing it are subject to French law.
NOTICE OF INFORMATION CONCERNING THE USE OF WITHDRAWAL RIGHTS
16.1. Right of withdrawal
You have the right to withdraw from this contract without giving any reason.
The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods or the last goods if these goods are delivered separately from the last good.
If this deadline expires on a Saturday, Sunday or public holiday, it shall be extended until the next working day.
To use the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g., letter sent by post, fax or e-mail).
You can use the template withdrawal form, but it is not compulsory.
For the withdrawal period to be observed, it is sufficient for you to send your notice of withdrawal before the expiry of the withdrawal period.
16.2. Withdrawal effects
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for any additional costs arising from the fact that you have chosen a delivery method other than the cheaper standard delivery method offered by us) without undue delay and, in any case, no later than fourteen days from the day we are informed of your decision to withdraw from this contract. We will make the refund using the same payment method you used for the original transaction, unless you expressly agree to a different payment method, and in any event, the refund will not incur any costs to you.
Instructions for filling in the form:
1. Insert your name, your geographical address and, when available, your telephone number and e-mail address.
2. You can also fill in and submit the sample of the withdrawal form or any other unambiguous statement on our website.
3. You must return the good to BRENTINY PARIS, 44 rue des Combalettes in OYONNAX 01100, without undue delay and, in any case, no later than fifteen days after you have informed us of your decision withdraw from the contract. This period is deemed to be respected if you return the goods before the end of the fifteen days.
4. You will have to bear the direct costs of returning the goods.
You are only liable for the deterioration in value of the goods resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of the goods.
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of BRENTINY PARIS, a simplified joint stock company with a share capital of 7,500 euros, having its registered office at head office at 243 Route d'Arfontaine in OYONNAX 01100, whose unique identification number is 798 836 458 RCC BOURG-EN-BRESSE.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods:
Ordered on: ___________________
Received on: ___________________
Name of the Consumer(s): ___________________
Address of the Consumer(s): ___________________
Email address of the Consumer(s): ___________________
Signature of the Consumer(s) (only if this form is submitted on paper)
(*) Please delete as appropriate.