General Terms and Conditions

ARTICLE 2 - PRODUCTS

The main characteristics of the Products, and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Internet Site. The Customer must familiarize himself/herself with these before placing an order.

The choice and purchase of a Product is the sole responsibility of the Customer.

The photographs and graphics presented on the Web Site are not contractual and do not engage the responsibility of the Vendor.

The Customer must refer to the description of each Product in order to know its properties, essential characteristics and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.

Contractual information is presented in the French language and is confirmed at the latest when the order is validated by the Customer.

Product offers are subject to stock availability, as specified when the order is placed.

If, despite the Vendor's best efforts, a Product becomes unavailable after the Customer's order has been validated, ATELIER BRUNETTE will inform the Customer by e-mail and reimburse the Customer for the price of the Product initially ordered, as well as any sums paid for the Order. However, if the Order contains other available Products, these will be delivered and the delivery costs will not be refunded.

ARTICLE 3 - ORDERS

It is the Customer's responsibility to select the Products he/she wishes to order on the Internet Site, in accordance with the following procedures:
By clicking on the order button during the Order process, the Customer declares that he/she has read and fully and unreservedly accepted the entirety of the General Terms and Conditions of Sale. The Order will only be definitive once the corresponding price has been paid in full.
The Customer has the opportunity to check the details of his/her order and its total price, and to correct any errors before confirming his/her acceptance. It is the Customer's responsibility to check the accuracy of the order and to immediately report or rectify any errors.
The registration of an order on the Website is completed when the Customer accepts the present General Terms and Conditions of Sale by ticking the appropriate box and validates the order. This validation implies acceptance of the entirety of the present General Terms and Conditions of Sale, as well as the general terms and conditions of use of the Website.
The sale is definitive only after the Vendor has sent the Customer confirmation of acceptance of the order by e-mail, which must be sent without delay, and after the Vendor has collected the full price and the deposit due
Any order placed, validated by the Customer and confirmed by the Vendor, under the terms and conditions described above, on the Internet Site constitutes the formation of a distance contract between the Customer and the Vendor.
In the absence of proof to the contrary, the data recorded in the Vendor's computer system constitutes proof of all transactions concluded with the Customer.
The Vendor reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.
The Customer can follow the progress of his order on the
website. The Vendor does not sell the Products on the Website to professionals, but only to consumers or non-professionals, for their personal needs.
The Vendor therefore reserves the right to refuse orders for the same Product in large quantities and comprising more than 100 items.
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be modified.
Once confirmed and accepted by the Vendor, under the conditions described above, the order cannot be cancelled, except in the event of the exercise of the right of retraction or force majeure.

ARTICLE 4 - PRICES AND RATES

The Products are supplied at the prices in force on the Web Site at the time the Order is registered by the Vendor. Prices are expressed in Euros and include all taxes.
Prices take into account any discounts granted by the Vendor on the Web Site.
These prices are firm and non-revisable during their period of validity, as indicated on the Web Site, the Vendor reserving the right, outside this period of validity, to modify prices at any time.
They do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Internet Site and calculated prior to placing the Order.
If the Customer requests a faster or more expensive shipping method than standard shipping, the additional shipping costs, as they appear at the time the Customer validates the Order, are to be borne in full by the Customer.
The payment requested from the Customer corresponds to the total amount of the purchase, including these shipping costs.
Specific orders from the Customer may be considered. Such orders will be subject to a quotation accepted in advance by the customer. Quotations drawn up by the Vendor are valid for a period of thirty (30) days from their date of issue.
An order based on a quotation is not considered accepted until a deposit of 50% of the order amount has been paid.
An invoice is drawn up by the Vendor and given to the Customer upon delivery of the Products ordered.

ARTICLE 5 - TERMS OF PAYMENT

The price is payable in cash, in full, on the day the Order is placed by the Customer, the Order is dispatched by the Vendor, and the Products ordered are delivered, by means of secure payment by bank card, Visa, MasterCard, American Express, and all other bank cards.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the customer may request the cancellation of the payment and the return of the corresponding sums.

ARTICLE 6 - DELIVERY

The Products ordered by the Customer will be delivered in mainland France within an indicative period of five (5) days from dispatch of the order.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or where one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Vendor undertakes to use its best efforts to deliver the Products ordered by the Customer within the above-mentioned periods. However, these delivery times are given as an indication only.
If the Products ordered have not been delivered within fifteen (15) days of the indicative delivery date, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer under the conditions provided for in articles L 216-2 L 216-3 L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of cancellation of the contract, to the exclusion of any compensation or deduction.

In the event of non-conformity of the Product delivered, the Vendor undertakes to remedy the situation or to reimburse the Customer, as indicated in the article - "Vendor's liability - Guarantee".
The Vendor assumes the risks of transport and is obliged to reimburse the Customer in the event of damage caused during transport.
Deliveries are made by an independent carrier, to the address given by the Customer at the time of the Order, and to which the carrier has easy access.
In the event of a special request by the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.

ARTICLE 7 - RETRACTION

In accordance with the legal provisions in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Vendor, without having to give any reason or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days of notification to the Vendor of the Customer's decision to withdraw.

Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.), enabling them to be remarketed as new, and accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.

The right of withdrawal may be exercised online by simple e-mail request. In this case, the Vendor will immediately send the Customer an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the Customer's wish to withdraw.

The Customer may also return the form in Appendix 2 of these GTS to the address indicated on said form.

If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.

Reimbursement will be made within fourteen (14) days of receipt of the items to be exchanged.

ARTICLE 8 - SELLER'S LIABILITY - WARRANTY

The Products sold on the Internet Site comply with the regulations in force in France, and their performance is compatible with non-professional use.
The Products supplied by the Vendor are covered by law and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
- by the legal guarantee of conformity, for Products which appear to be defective, damaged or do not correspond to the order,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use,
under the conditions and in accordance with the terms set out in the box below and defined in the appendix to these General Terms and Conditions of Sale (Warranty of Conformity / Warranty of Hidden Defects).

Under the terms of the legal warranty of conformity, the Customer has a period of two years from the date of delivery of the goods to take action against the Vendor;- may choose between repair or replacement of the Product ordered, subject to the cost conditions set out in article L 217-9 of the French Consumer Code;is exempt from proving the existence of the Product's lack of conformity during the twenty-four (24) months following delivery of the Product.

The legal warranty of conformity applies independently of any commercial warranty that may cover the Product. The Customer may decide to invoke the warranty against hidden Product defects in accordance with article 1641 of the French Civil Code; in this case, the Customer may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

In order to assert his rights, the Customer must inform the Vendor, in writing, of the non-conformity of the Products within a maximum period of three (3) days from delivery of the Products or from the discovery of the hidden defects within the above-mentioned time limits, and return the defective Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.).
The Vendor will reimburse, replace or have repaired the Products or parts under warranty deemed to be non-conforming or defective.
Return and exchange costs are at the customer's expense. Only the price of the material product(s) purchased will be refunded. Products must be returned in their original condition and complete so that they can be marketed again in new condition. Refund procedure: upon receipt of the returned product, the refund will be made directly to the account with which the item(s) were paid.
Refunds for Products deemed to be non-conforming or defective will be made as soon as possible and at the latest within fifteen (15) days of the Seller's finding of the non-conformity or hidden defect.
Refunds will be made by crediting the Customer's bank account or by cheque sent to the Customer.
The Vendor cannot be held liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, or in the event of normal wear and tear of the Product, accident or force majeure.
The Vendor's warranty is, in any event, limited to the replacement or refund of Products that do not conform or are affected by a defect.

ARTICLE 9 - PERSONAL DATA

Pursuant to Law 78-17 of January 6, 1978, amended by Law no. 2018-493 of June 20, 2018, it is reminded that the personal data requested from the Customer is necessary for the processing of his/her order and the preparation of invoices, in particular.
This data may be communicated to any partners of the Vendor entrusted with the execution, processing, management and payment of orders.
The processing of information communicated via the Internet Site complies with legal requirements concerning the protection of personal data, and the information system used ensures optimum protection of such data.
In accordance with national and European regulations in force, the Customer has a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning him/her.
This right may be exercised under the conditions and according to the procedures defined on the Internet Site.

ARTICLE 10 - INTELLECTUAL PROPERTY

The content of the Website is the property of the Vendor and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

ARTICLE 11 - FORCE MAJEURE AND IMPREVISION

The Vendor's liability is expressly excluded in the event of force majeure or fortuitous events, or any events beyond its control, such as, in particular, a decision by an administrative or governmental authority, a pandemic (including COVID 19), war, strike, lock-out, accident, fire, frost, flood, bad weather, interruption of means of communication and transport, blockade, cessation of production or delivery by their supplier resulting in the prevention or delay of the performance of any of their obligations, disturbances in the production and/or delivery of Products due in particular to COVID 19, without this list being exhaustive.

The Seller and the Customer hereby firmly and irrevocably waive the benefit of the provisions of article 1195 of the French Civil Code providing for the Judge's right to adapt the Contract in the event of a change in economic circumstances.

Consequently, the Seller and the Customer expressly agree that the price of the Products designated in the present Contract may not be fixed other than by their mutual agreement.

ARTICLE 12 - APPLICABLE LAW

The present General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in the French language. In the event of translation into one or more languages, the French text shall prevail in the event of litigation.

ARTICLE 13 - DISPUTES

All disputes arising from the purchase and sale transactions concluded in application of these general terms and conditions of sale, concerning their validity, interpretation, execution, termination, consequences and consequences, and which cannot be resolved between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (C. conso art. L 612-1) or with existing sectoral mediation bodies, the references of which appear on the Internet Site, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

ARTICLE 14 - PRE-CONTRACTUAL INFORMATION

The fact that a natural person (or legal entity) places an order on the Internet Site implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Products ordered, which is expressly recognized by the Customer, who waives, in particular, the right to invoke any contradictory document, which would be unenforceable against the Vendor.

APPENDIX 1: LEGAL WARRANTY PROVISIONS

Article L217-4 of the French Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the French Consumer Code

To conform to the contract, the goods must :
- Be fit for the use normally expected of similar goods and, where applicable : correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model
- present 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, particularly in advertising or labelling
- or present the characteristics defined by mutual agreement between the parties, or be fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.

Article L217-12 of the French Consumer Code

Any action resulting from a lack of conformity is barred after two years from delivery of the goods.

Article L217-16 of the French Consumer Code

When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the date of the buyer's request for service or from the date the item in question is made available for repair, if the item is made available after the request for service.

Article 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which so diminish this use that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Article 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.