GENERAL TERMS AND CONDITIONS OF SALE AND SERVICE PROVISION - Brût Life
These General Terms and Conditions of Sale (GTCS) set out the rights and obligations of the parties in relation to the online sale of Products offered by the Seller. The General Terms and Conditions of Sale 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 General Terms and Conditions of Sale at any time by publishing a new version on its website. The applicable GTC are those in force at the date of payment (or of the first payment in case of multiple payments) of the order.
Article 1 : Prices
The prices of the products sold through the websites are indicated in euros including all taxes (VAT + other possible taxes) on the product order page, and excluding specific shipping costs. For all products shipped outside of France, the price is automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These rights and sums are not the responsibility of the Seller. They shall be borne by the Buyer and are the Buyer's responsibility (declarations, payment to the relevant authorities, etc.). The Seller invites the buyer to inquire about these aspects with the corresponding local authorities. The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary for access to the Company's websites shall be borne by the Client. Where applicable, delivery costs are also payable by the Client.
Article 2: Conclusion of the online contract
The Customer must follow a series of steps specific to each Product sold by the Seller in order to place an order. However, the steps described below are systematic: ➢ Information on the essential characteristics of the Product; ➢ Choice of the Product, if applicable of its options and indication of the Customer's essential data (identification, address...); ➢ Acceptance of the present General Sales Conditions. ➢ Verification of the elements of the order and, if necessary, correction of errors. ➢ Follow-up of payment instructions and payment of products. ➢ Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it. For delivered products, this delivery will be made to the address indicated by the Customer. In order to complete the order correctly, and in accordance with Article 1316-1 of the Civil Code, the Customer undertakes to provide 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 3 : Products and services
The essential characteristics of the goods and services and their respective prices are made available to the buyer on the company's websites. The Customer certifies that he has received a detailed description of the delivery costs as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to honour the Customer's order within the limits of available stocks of Products only. In the absence of such availability, the Seller shall inform the Customer. 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 the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company's websites, as well as the minimum duration of the contracts proposed when these relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person who signs the order (or the person who holds the email address communicated). In accordance with the legal provisions concerning conformity and hidden defects, the Seller will refund or exchange defective products or products that do not correspond to the order. Refunds can be requested in the following way: Send an email to contact@brut-design.fr with the reference of your product and the reason for returning the product. Once the validation is approved by our agents, we will send you an email with the procedure for returning the item. The shipping costs are at your expense unless it is an error on our part. The product must be returned in its original packaging and in the same conditions as when it was sent. Once the product is received, we will send you an email indicating the acceptance or refusal of your refund.
Article 4 : Transfer of ownership - Transfer of risks
The transfer of ownership of the supplier's products to the client shall only be made after full payment of the price by the latter. Any clause to the contrary, in particular inserted in the general conditions of purchase, shall be deemed unwritten, in accordance with Article L. 624-16 of the French Commercial Code. On the other hand, the transfer of the risks of loss and deterioration of the seller's products shall be carried out as soon as the said products are handed over to the carrier or on leaving our premises. In the event of non-payment by the client, the supplier, without losing any other of its rights, may demand, in accordance with Articles 2371 et seq. of the Civil Code, by registered letter with acknowledgement of receipt, the return of the goods at the client's expense and risk. The supplier may unilaterally and immediately have an inventory drawn up of the unpaid goods held by the client. In such a case, the client shall also bear the costs of the legal services as well as any legal and judicial costs. He shall be liable for a devaluation indemnity fixed at 20% of the price of the goods per month of detention from delivery until restitution. He shall also be liable for 5% of the sums due, per day of delay in restitution. These last two indemnities shall be offset against any advance payments made. The customer shall ensure that the goods can always be identified. The goods in stock are presumed to be the unpaid goods. In the event of the resale of the delivered goods, the supplier may also claim the price or the part of the price of the goods that has not been paid to the client directly from the sub-purchaser.
Article 5 : Delivery terms
The delivery period is given purely as an indication and without guarantee. This period does not constitute a strict deadline and the supplier may not be held liable to the client in the event of late delivery. This period shall begin to run from the date on which the supplier is in possession of all the documents necessary for the execution of the order and in particular of the statement of dimensions to be provided by the client, and of the receipt of any deposit requested. Any delay attributable to the client or to a third party service provider shall give rise to a postponement of the delivery period, at least equal to the duration of the delay noted by the supplier. In addition, the client shall bear the costs related to the postponement of the intervention of the teams, the loss of installation days (invoicing by fixed day rate), and the hiring of handling equipment. In the event of a delay of more than two months in relation to the indicative deadline mentioned on the order form, the Buyer may request the cancellation of the order. Place of delivery: The delivery of the products takes place in our workshops, unless otherwise stipulated. Goods sent carriage paid travel at the risk of the customer, who is responsible for checking the good condition of the goods at the time of delivery. The unloading of the goods is carried out at the expense and under the responsibility of the customer and must be carried out in due form as soon as possible after their arrival. Waiting times shall be charged to the customer, even in the case of carriage free. If the customer or the recipient is unable to unload the goods, the latter shall be responsible for finding a waiting destination and shall bear the full cost thereof. In addition, the customer shall bear the costs related to the postponement of the intervention of the teams, to the loss of days of installation (invoicing by fixed price per day), to the hiring of handling equipment, as well as to the new transport. Complaints: It is the customer's responsibility, in the event of damage to the goods delivered, missing items or inaccurate references, to make all necessary reservations with the carrier. Any product that has not been the subject of reservations by registered letter with acknowledgement of receipt within 3 days of its receipt from the carrier, in accordance with articles L. 133-3 & 4 of the French Commercial Code, and a copy of which will be sent simultaneously to the supplier, will be considered as accepted by the customer. The mention "subject to unpacking" has no value with respect to the carrier and cannot be accepted as a reserve. In the event of a reservation, the client must keep the contested goods in the best possible conditions until the expertise that may be required by the carrier's insurer. Goods with a recognised lack of conformity reported within the aforementioned period shall be replaced or repaired, to the exclusion of any compensation, for any reason whatsoever. No action for non-conformity may be brought by the customer more than three days after receipt of the products. Solid wood is a living material, which may show some imperfections and may crack slightly over time. It is expressly agreed that after the expiry of this period, the client may not invoke the non-conformity of the products, nor may he invoke this as a counterclaim to defend himself in an action for the recovery of debts taken by the supplier. In the absence of compliance with these conditions, the supplier's liability vis-à-vis the client, on the grounds of a hidden defect, may not be called into question. Defects and deterioration of the products delivered as a result of abnormal storage and/or conservation conditions at the client's premises, in particular in the event of an accident of any kind whatsoever, may not give rise to the guarantee owed by the supplier.
Article 6 : Payment
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). The secure online payment by credit card is made by our payment service provider. The information transmitted is encrypted according to the rules of the art and cannot be read during transport on the network. Once the payment has been initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with Article L. 132-2 of the French Monetary and Financial Code, the commitment to pay by card is irrevocable. By communicating his bank details at the time of the sale, the Customer authorises the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or the impossibility of debiting the card, the Sale shall be immediately cancelled by operation of law and the order cancelled.
Article 7: Withdrawal period
In accordance with Article L. 121-20 of the Consumer Code, "the consumer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of returning the goods". "The period mentioned in the previous paragraph shall run from the date of receipt for goods or acceptance of the offer for services. The right of withdrawal can be exercised by contacting the Company in the following manner: Send an email to contact@brut-design.fr with the reference of your product and the reason for returning the product. Once the validation is approved by our agents, we will send you an email with the procedure for returning the item. The shipping costs are at your charge. The product must be returned in its original packaging and in the same conditions as when it was sent. If the right of withdrawal is exercised within the above-mentioned period, only the price of the product(s) purchased and the shipping costs will be reimbursed; the return costs remain at the Customer's expense. Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition; if possible, they must be accompanied by a copy of the purchase receipt.
Article 8: Guarantees
In accordance with the law, the Seller assumes two guarantees: of conformity and relating to hidden defects of the products. The Seller shall refund the buyer or exchange the products that appear to be defective or do not correspond to the order placed. The refund request must be made in the following manner: Send an email to contact@brut-design.fr with the reference of your product and the reason for returning the product. The Seller reminds that the consumer: - has a period of 2 years from the delivery of the good to act with the Seller - can choose between the replacement or repair of the good subject to the conditions provided for by art. apparently defective or not corresponding - is exempted from proving the existence of the lack of conformity of the good during the six months following delivery of the good. - that, except for second-hand goods, this period will be extended to 24 months from 18 March 2016 - that the consumer may also claim the guarantee against hidden defects in the thing sold within the meaning of Article 1641 of the Civil Code and, in this case, he may choose between rescission of the sale or a reduction in the sale price (provisions of Article 1644 of the Civil Code).
Article 9: Complaints
If necessary, the Buyer may make any complaint by contacting the Seller using the following details: send an e-mail to contact@brut-design.fr with the reference of your product.
Article 10: Intellectual property rights
The brands, 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 11: Force majeure
Are considered as force majeure or fortuitous events, the events independent of the will of the parties, which they could not reasonably be required to foresee, and which they could not reasonably avoid to overcome, insofar as their occurrence makes the execution of the obligations completely impossible. In particular, the following are considered to be cases of force majeure or fortuitous events that relieve our company of its obligation to deliver within the time limits initially set strikes by all or part of our company's staff or its usual carriers, fire, flooding, war, production stoppages due to fortuitous breakdowns, the impossibility of being supplied with raw materials, epidemics, thawing barriers, roadblocks, strike or breakdown in electricty supplies, or a breakdown in supplies for a reason not attributable to our company, as well as any other cause of a breakdown in supplies attributable to our suppliers. In such circumstances, the supplier shall notify the customer in writing, in particular by fax or e-mail, within 24 hours of the date of occurrence of the events, the contract binding our company and the customer being then suspended by operation of law without compensation, as from the date of occurrence of the event. If the event lasts for more than 30 days from the date of its occurrence, the sales contract concluded between the supplier and the client may be terminated by the most diligent party, without either party being able to claim damages. This termination shall take effect on the date of the first presentation of the registered letter with acknowledgement of receipt denouncing the said sales contract.
Article 12: Protection of personal data
In accordance with the French Data Protection Act of 6 January 1978, you have the right to question, access, modify, oppose and rectify your personal data. By adhering to these general terms and conditions of sale, you agree that we may collect and use this data for the purposes of this contract. By entering your email address on one of the sites in our network, 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. We carry out a follow-up of the frequentation on all our sites.
Article 13: Disputes and applicable law
All disputes arising from the operations concluded between the parties referred to in the present general conditions shall be submitted to the Commercial Court of VESOUL, which is expressly accepted by the customer. All the clauses contained in these general conditions as well as all the operations referred to in them shall be subject to French law.
Article 14: Acceptance by the customer
The present general conditions of sale are expressly approved and accepted by the customer, who declares and recognizes to have a perfect knowledge of it, and renounces, of this fact, to prevail itself of any contradictory document and, notably, its own general conditions of purchase.
Article 15: Eco-participation
Member n°: FR029901 The eco-participation is a contribution which is compulsorily applied to the price of each new piece of furniture, mattress, duvet and pillow. It enables Eco-mobilier to finance the collection, sorting, recycling and/or energy recovery of these used products. For more information: eco-mobilier.fr.