GENERAL CONDITIONS OF SALE
Article 1 Designation of the Seller
The website www.brentinyparis.com (the "Website") is published by the company BRENTINY PARIS, a company with a simplified share capital of 7,500 Euros, with head office located at 44 rue des combalettes , OYONNAX 01100, whose unique identification number is 798 836 458 RCS BOURG-EN-BRESSE, intra-community VAT number FR327 988 364 58, telephone: 04.81.68.07.92
Article 2 - General provisions
The General Conditions of Sale (the "GCS") apply exclusively to the online sale of the ready-to-wear line and related products and accessories of the company BRENTINY PARIS (the "Seller") on the Website to which access is open and free.
2.2 Scope of application
The GCS govern the contracts for the online sales of the Seller's products to purchasers considered to be Consumers, who are understood to be individuals acting for personal purposes (the "Consumers") and together with the online order constitute the paper and/or electronic documents formalising the distance contract between the parties, to the exclusion of all other documents.
The GCS shall apply exclusively to products delivered to Consumers established in France and/or in a Member State of the European Union.
2.3 Availability and mandatory nature
The GCS are made available to Consumers on the Website by free consultation and as a step in the order process.
The GCS binds the Consumer, who acknowledges that they are aware of and accept these conditions before placing an order, by ticking the box provided for this purpose at the time of the order as specified in Article 6 below.
Validation of the order by its confirmation shall be subject to the GCS in force on the day the order is made, the preservation and reproduction of which is ensured by the Seller in accordance with Article 1127-2 of the Civil Code.
2.4 Nullity - Waiver
The nullity of a contractual clause shall not lead to the nullity of the GCS except in the case of a determinant clause for the consent of the parties.
Failure by the Seller to apply a clause of GCS shall not constitute a waiver on its part, unless it is a positive and unequivocal act.
Article 3 - Products
Products offered for sale on the Website have a description.
The photographs do not constitute part of the offer provided they are not misleading.
3.2 Availability of stocks
Products are supplied and delivered to the extent of available stocks.
If the product ordered is unavailable, the Seller shall inform the Consumer accordingly and may offer them a product of equivalent quality and price or, failing that, a voucher for the amount of the order usable with any future order.
In the event of disagreement, the Seller shall refund the sums paid within fourteen (14) days.
The Seller shall not be liable for any cancellation indemnity.
Article 4 - Price
4.1 Selling price
The selling price is the one in effect on the day of the order.
In accordance with Article L. 112-1 of the Consumer Code, the selling price for each of the products listed in the electronic catalogue is indicated in Euros including all taxes, excluding delivery and transport costs mentioned prior to confirmation of the order and invoiced separately.
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 for application to the price in force on the day of the order.
The additional costs of transport, delivery or postage (plus any other costs incurred by the Seller), which the customer is made aware of before the order, are established on the order form.
Article 5 - Offer
5.1 Geographical scope of the online sales offer
The online sales offers presented on the Website are reserved for Consumers residing in France or other Member State of the European Union and for deliveries to those same geographical areas.
The online sales offers presented on the Website are valid, unless stated as being for a specific period of time, while the products are included in the electronic catalogue and to the extent of available stocks.
The Consumer accepts the offer, in accordance with the double click procedure, by confirming the order in the following manner.
Article 6 - Order with PAYMENT OBLIGATION
6.1 Steps to contract conclusion
1. To place an order, the Consumer must create an account.
2. The Consumer places the desired products and quantities in the virtual shopping basket and then clicks on the "Order" button icon of the virtual shopping basket. A "summary" page shows the product(s) selected and the quantities.
3. Before clicking on the "Order" button again, the Consumer has the option to check the details of their order and its total price, and to return to the previous pages to correct any errors or modify their order.
4. They then supply delivery information (place and method of delivery in two steps).
5. Following validation of the transport when confirming the order, the Consumer accepts the GCS by ticking the box provided for this purpose and thus entering into a contract, it being specified that the GCS can be consulted by clicking on the link "Read the General Conditions of Sale".
6. Payment is then made by credit card or through PayPal for an additional fee of two Euros (2 EUR).
7. Before choosing the payment method, the Consumer can again view the order summary and return to the previous pages to correct any errors or modify their order.
6.2 Modification of order
Any modification of the order by the Consumer after confirmation of their order is subject to acceptance by the Seller.
The Seller reserves the right to make changes to the product ordered which are related to technical developments under the conditions laid down in Article R. 212-4 of the Consumer Code.
6.3 Order confirmation
The Seller reserves the right to refuse any order for legitimate reasons, especially if the quantities of products ordered are unusually high for purchasers considered to be Consumers.
6.4 Acknowledgment of order
The Seller acknowledges receipt of the order electronically.
Article 7- Contract
The contract of sale is concreted at the time the Consumer sends confirmation of their order.
7.2 Archiving and evidence
The archiving of communications, purchase orders and invoices is performed using a reliable and durable medium in such a way as 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.
Such communications, purchase orders and invoices may be produced as proof of the contract of sale.
The order may be terminated by the Consumer by registered letter with acknowledgement of receipt or by writing through other durable medium in case of:
delivery of a non-compliant product;
delivery after the deadline set in the purchase order or, in the absence of such a date, within 30 days after the conclusion of the contract if in the meantime the Seller has been instructed by the same reliable means to perform the delivery within a reasonable additional period, in accordance with Article L. 216-2 of the Consumer Code, and has not done so;
increase in price which is not justified by a technical change in the product imposed by the public authorities.
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, where the trader has not repaid the totality of the said sums within that period of fourteen (14) days, such sums shall be increased by 10% as of right if full refund takes place no later than 30 days after that term, by 20% up to 60 days and by 50% thereafter.
In all such cases, the buyer may demand repayment of the deposit plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be terminated by the Seller in case of:
Refusal of the buyer to accept delivery;
non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid for the order remains property of the Seller as compensation.
Article 8 - Payment
The price is due in full after confirmation of the order.
Except for the sums paid which are reimbursed in the event of the product ordered being unavailable under the conditions laid down in Article 3-2 of the GCS, any amount paid in advance on the price generates interest at the legal rate at the end of a period of three months from the payment until the delivery of the product or, failing that, refund of the sum paid for the order in accordance with Article L. 214-2 of the Consumer Code.
Payment is made immediately upon ordering by credit card or deferred upon delivery, by direct debit, cheque or bank transfer.
8.2 Secure payment
The Website has an online secure payment system which allows the Consumer to encrypt the transmission of their bank data.
The Website indicates the payment methods accepted.
8.3 Retention of title clause
Where applicable, the Seller shall remain the owner of the products until the price is padi in full.
Article 9 - Delivery
Where the ordered product is not delivered within the time limit specified on the order form or, failing that, the additional legal period of 30 days, the Consumer may, after putting the Seller on notice to execute the delivery within a reasonable additional time without success, terminate the contract by registered letter with acknowledgement of receipt request or in writing via some other durable medium.
9.2 Place of delivery
The products are delivered to the address indicated by the customer on the order form.
9.3 Delivery methods
Delivery is carried out by the direct delivery of the product to the Consumer at the address indicated when placing the order online.
It is the responsibility of the Consumer to check the condition of the product delivered in the presence of the delivery agent and, in the event of damage or missing items, to issue reservations on the delivery order or the transport receipt, and possibly to refuse the product and notify the Seller accordingly.
In the absence of direct delivery, the Seller shall send an availability notice to the Consumer who must collect the product ordered within fifteen (15) days of the notice.
In the absence of collection within this period, the Seller may, after a formal notice is made without effect, terminate the order as of right and retain the deposit paid and the product as compensation.
9.4 Delivery and transfer of risk
The risk of loss or damage to the goods is transferred to the Consumer at the time they, or a third party designated by them, takes physical possession of the goods.
Any product that is delivered to the Consumer by a carrier chosen by the Seller, travels at the risk and peril of the Seller.
Any product that is delivered to the Consumer by a carrier chosen by them, travels at the risk and peril of the Consumer from delivery of the goods to the carrier.
Article 10 - Legal guarantee of compliance and guarantee against hidden defects
10.1 Consumer information
It is recalled 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 Consumer Code or the guarantee from hidden defects provided for in Articles 1641 to 1649 of the Civil Code.
10.2 Implementation of the compliance guarantee
In accordance with Article L. 217-4 of the Consumer Code, "the Seller is obliged to deliver goods in accordance with the contract and is liable for defects in conformity existing at the time of delivery. It shall also respond to defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged with this under the contract or it has been carried out under its responsibility."
In accordance with Article L. 217-5 of the Consumer Code "To comply with the contract, the goods must:
1. Be suitable for the usual use expected of similar goods and, if applicable:
correspond to the description given by the Seller and possess the qualities which the Seller presented to the buyer in the form of a sample or model;
offer the qualities that a buyer may legitimately expect in the light of public statements made by the Seller, the producer or its representative, in particular in advertising or labelling;
2. Or have the characteristics defined by mutual agreement of the parties or be specific to any special use sought by the buyer, brought to the knowledge of the Seller and which the Seller has accepted.
In accordance with Article L. 217-12 of the same code: "Any action resulting from the failure to comply shall be limited to two years from the delivery of the goods."
When acting under the legal guarantee of compliance, the Consumer:
shall be granted a period of two years from the date of delivery of the goods to act;
may choose between repair or replacement of the goods, subject to the cost conditions laid down in Article L. 217-9 of the Consumer Code;
is exempted from reporting evidence of non-conformity of the goods during the 24 months after delivery of the goods.
In accordance with Article L. 217-16 of the same code: "When the buyer requests the seller for a refurbishment under the commercial guarantee granted to them during the acquisition or repair of a product, any period of immobilisation of at least seven days shall be added to the remaining period of the guarantee. This period shall run from the buyer's request for intervention, or the availability of the property in question for repair if such availability is subsequent to the intervention request."
10.3 Implementation of the hidden defects guarantee
According to Article 1641 of the Civil Code "The Seller is bound under the guarantee for hidden defects of the item sold which render it unsuitable for the use for which it is intended, or which reduce this use to the extent that the buyer would not have acquired it, or would have paid a lower price, if it had been known."
According to Article 1648 of the Civil Code "Any action resulting from hidden defects must be brought by the purchaser within two years of the discovery of the defect."
The Consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code.
In this case, they may choose between the termination of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
Regardless of the commercial guarantee, the Seller shall remain bound by the legal guarantee of conformity referred to in Articles L. 217-4 et seq. of the Consumption Code and of that relating to defects of the item sold, under the conditions laid down in Articles 1641 to 1648 and 2232 of the Civil Code.
Article 11 Right of withdrawal
11.1 Conditions, time limit and procedure for the exercise
You have the right to withdraw, without giving reasons, within fifteen (15) days after the day on which you, or the third party designated for such purpose, physically takes possession of the goods or, where applicable, the last batch or part.
To exercise the right of withdrawal, you must inform us of:
your name, physical address and, where available, your telephone number and e-mail address;
as well as your decision to withdraw in a clear statement (e-mail, post).
11.2 Withdrawal form template and Information Notice
You can use the withdrawal form template at the bottom of the document, but it is not obligatory.
An information notice is also attached at the bottom of the document.
In the event of withdrawal, we will reimburse you for all payments 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 cheapest standard delivery method we offer) without undue delay and, in any event, no later than 14 days from the day on which we are informed of your withdrawal decision.
We will make the refund using the same payment method you used for the original transaction. Another means can be used with your express consent. In any event, this refund would not incur any costs for you.
It is recalled that in the event of withdrawal after use of the goods, the customer is liable in respect of the impairment of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the goods.
The Seller reserves the right to defer the refund until receipt of the goods in the order, or until the customer has provided proof of dispatch of the goods, whichever is earlier.
11.4 Returns - return charges
In the event of withdrawal by the client, the client shall resend or return the property to Brentiny Paris, 243 route d’Arfontaine, ZI ouest 1 01100 VEYZIAT without undue delay, and in any event not later than fourteen (14) days after communication of the withdrawal.
The consumer SHALL BEAR THE COST OF RETURNING the goods in the event of withdrawal and, for distance contracts, the cost of returning the goods to where it cannot normally be returned by post due to its nature.
Article 12 - Intellectual property
The Website, the elements reproduced on the Website, including the BRENTINY® brand, are the sole property of the Seller, protected by copyright, trademark and patent law. Any reproduction and dissemination of these items, without prior written permission from the publisher will expose the offenders to legal proceedings.
Article 13 - Processing of personal data (declaration 2102558 v 0)
The Seller collects and processes the personal data of Consumers for the following purposes: (i) operations relating to the day-to-day management of customers in respect of 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, and (iv) the management of payments, invoicing, unpaid bills and litigation.
Consumers who do not wish to provide the information necessary for the use of the services offered by the Website and, if necessary, for the creation of a personal account, may not use the services offered by the Seller or place an order on the Website.
In accordance with the French Data Protection and Liberties Act you have the right to access, correct and to delete the data concerning you subject to the legal provisions applicable to the material, the controller being Yasin GUNES.
If you have previously accepted to do so, you will be able to receive e-mails or SMS marketing from the Seller that you can unsubscribe from. For e-mails this is done by clicking on the unsubscribe link at the bottom of each e-mail received, and for SMS by clicking on STOP in each SMS received. It is also specified that a customer who does not wish to be subject to 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 contact information to be reused for commercial purposes, please inform the processing department.
Article 14 - Mediation
14.1 Prior complaint
In the event of a dispute, you must first contact customer services by any means.
14.2 Request for mediation
In the event of a failure to submit a claim to the customer services or in the absence of a reply from the customer services within two months, the Consumer may submit the dispute between them and the Seller relating to the purchase order or these GCS to a mediator who will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution.
The parties to the contract shall remain free to accept or refuse the use of mediation and, in the case of recourse to mediation, to accept or refuse the solution proposed by the mediator.
The Consumer may in particular contact the Centre Interprofessionnel de Médiation et d’Arbitrage de LYON: CIMA at 32 Quai Perrache 69002 Lyon, tel: 04 78 28 26 70, e-mail: [email protected].
Article 15 - Jurisdiction
In the absence of an amicable agreement, you may refer to court any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract, as well as any documents relating to the contract.
Jurisdiction will be taken as the defendant's domicile (article 42 of the Code of Civil Procedure) or the place of the actual delivery of the goods (article 46 of the Code of Civil Procedure).
Article 16 - Applicable law
This contract and the GCS governing it are subject to French law.
NOTICE OF INFORMATION CONCERNING EXERCISE OF THE RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to withdraw from this contract without giving reasons.
The withdrawal period expires 14 days after the day on which you, or a third party other than the carrier and designated by you, physically takes possession of the goods or the last item if the sale relates to several items subject to a single order if the goods are delivered separately from the last item.
If this period expires on a Saturday, Sunday or on a holiday or non-working day, it shall be extended until the first subsequent working day.
In order to exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a clear statement (e.g. letter sent by mail, fax or e-mail).
You can use the withdrawal form template, but it is not obligatory.
In order for the withdrawal period to be respected, it is sufficient for you to submit your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of your withdrawal from this contract, we will reimburse you for all payments 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 cheapest standard delivery method we offer) without undue delay and, in any event, no later than 14 days from the day on which we are informed of your withdrawal decision.
We will make the refund using the same payment method you used for the original transaction, unless you expressly agree to a different method; in any event, this refund will not incur any costs for you.
Instructions for completing the information:
Enter your name, physical address and, where available, your telephone number and e-mail address.
You may also complete and submit the withdrawal form template or any other unambiguous statement through our Website.
You must return it to BRENTINY PARIS, 243 route d’Arfontaine, ZI Ouest 1, 01100 VEYZIAT, without undue delay and in any event not later than 15 days after you have informed us of your decision to withdraw.
This period is deemed to be respected if you return the property before the expiry of the 15-day period.
You will have to pay the direct costs of returning the goods.
You are only liable in respect of the impairment of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the property.
(Please complete and return this form only if you wish to withdraw from the contract.)
For attention of BRENTINY PARIS, a company with a simplified share capital of 7,500 Euros, with registered office located at 243 Route d’Arfontaine in OYONNAX 01100, whose unique identification number is 798 836 458 RCS BOURG-EN-BRESSE;
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the following goods:
Ordered on: ________________
Received on: ________________
Name of the Consumer(s): ________________________________
Address of the Consumer(s): _________________________________
E-mail address of the Consumer(s): ________________________________
Signature of the Consumer(s) (only in case of notification using paper format)
(*) Please delete as necessary.