Terms of Sales

Contents :
Article 1 - Presentation
Article 2 - Applications of the general conditions of sale
Article 3 - Information on the site and accessibility of the site
Article 4 - Registration on the site
Article 5 - Products
Article 6 - Orders
Article 7 - Refusal to process an order
Article 8 - Price and payment terms
Article 9 - Delivery
Article 10 - Right of withdrawal - refunds and returns
Article 11 - Guarantees - Limitation of liability
Article 12 - Partial disability
Article 13 - Non-waiver
Article 14 - Mediation-Applicable law-Competent jurisdiction

ARTICLE 1 - PRESENTATION

Our site: www.bellepiece.fr is published by the company BRUNE ATELIER. These conditions of sale are concluded on the one hand by the company BRUNE ATELIER with share capital of 7,000.00 euros whose head office is located at 31 rue Étienne Marcel , 75001 Paris , registered in the Créteil Trade and Companies Register under the number 843 014 648 hereinafter referred to as "BELLEPIECE" and managing the site www.bellepiece.fr and, on the other hand, by any natural or legal person wishing to make a purchase via the website www.bellepiece.fr referred to herein -after “the buyer”.

ARTICLE 2 - APPLICATIONS OF THE GENERAL CONDITIONS OF SALE

The general conditions of sale “CGV” detailed below apply to all orders for products and services placed via the Site with the company BRUNE, by any person. The Customer must read the T&Cs before placing any order, the T&Cs being available on the Site.
BRUNE ATELIER reserves the right to adapt or modify these General Terms and Conditions at any time; the version of the General Terms and Conditions applicable to any sale being that appearing online on the site www.bellepiece.fr at the time of the Order. Consequently, placing an Order requires prior and unreserved acceptance of the General Terms and Conditions by the Customer.

ARTICLE 3 - INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.bellepiece.fr is an e-commerce site owned and managed by the company BRUNE ATELIER.
The Site is accessible to all users of the internet network in principle 24 hours a day, 7 days a week, except interruption, by the company BRUNE ATELIER or its service providers, for the needs of its maintenance and/or security or in cases of force majeure ( as defined below). BRUNE ATELIER cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Site. BRUNE ATELIER cannot guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without breakdown or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Site or its content. BRUNE ATELIER cannot be held responsible for data transmission, connection or network unavailability problems. The company BRUNE ATELIER reserves the right to modify the Site, for technical or commercial reasons.

ARTICLE 4 - REGISTRATION ON THE SITE

The Customer's registration on the Site is validated by the company BRUNE ATELIER as soon as the Customer receives a registration confirmation email.

When creating their Account or purchasing as a visitor, the Customer must ensure the accuracy and completeness of the data they provide. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, BRUNE ATELIER cannot be held responsible for the impossibility of delivering Products. BRUNE ATELIER may delete the Customer's Account at any time, for any reason, at its sole discretion.

ARTICLE 5 - PRODUCTS

The Products offered for sale are those described on the Site on the day of consultation of the Site by the Customer, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever the origin, does not engage the responsibility of the company BRUNE ATELIER. As such, BRUNE ATELIER cannot be held responsible for the cancellation of an Order for a Product due to exhaustion of stocks. The BRUNE ATELIER company takes great care in the presentation and description of its products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts. BRUNE ATELIER does not guarantee the accuracy or security of the information transmitted or obtained using the Site.

ARTICLE 6 - ORDERS

A confirmation email summarizing the Order (product(s), price, quantity, etc.) will be sent to the Customer by the company BRUNE ATELIER. To this end, the Customer formally accepts the use of email for confirmation by the company BRUNE ATELIER of the content of their Order.

Before any order, the buyer must create an account on the website www.bellepiece.fr. At each visit, the buyer, if he wishes to order or consult his account (order status, profile, etc.), must identify himself using this information. The company BRUNE ATELIER offers the buyer the opportunity to order and pay for their products via secure payment by credit card (via Stripe): the accepted means of payment are as follows: credit cards and bank cards (visa®, mastercard®, american express ®) via the secure platform implemented by stripe (https://stripe.com/fr).

In accordance with the provisions of Article L. 132-2 of the Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.
Any order placed on the site implies the guarantee on the part of the customer that he has all the necessary authorizations to use the means of payment made available on the site.
Your order will only be shipped after verification of your payment method and receipt of debit authorization from your card.
Your account will be debited when your order is shipped.

BRUNE ATELIER does not keep the banking data of its customers.
Confirmation of an order entails acceptance of these conditions of sale, acknowledgment of having perfect knowledge of them and waiver of the right to rely on one's own conditions of purchase. All the data provided and the recorded confirmation will constitute proof of the transaction. If the buyer has an e-mail address and if he has entered it on his order form, the company BRUNE ATELIER will send him by e-mail confirmation of the registration of his order.

If the buyer wishes to contact the company BRUNE ATELIER, he can do so by email to the following address: Hello@bellepiece.fr

ARTICLE 7 - REFUSAL TO PROCESS AN ORDER

BRUNE ATELIER reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the best efforts of the company BRUNE ATELIER to satisfy the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order. The company BRUNE ATELIER cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after sending the confirmation email summarizing the Order. BRUNE ATELIER also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.

ARTICLE 8 - PRICES AND PAYMENT TERMS

The prices of the products are indicated on the Site in euros including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier. All prices displayed are calculated and include the value added tax (VAT) applicable in France.
BRUNE ATELIER reserves the right to modify its prices at any time but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability. The Customer expressly acknowledges that the communication of his bank card number to the company BRUNE ATELIER constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of Order cancellation for non-payment is sent to the Customer by the company BRUNE ATELIER to the email address provided by the Customer when registering on the Site. The data recorded and kept by the company BRUNE ATELIER constitutes proof of the Order and all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and the company BRUNE ATELIER.

ARTICLE 9 - DELIVERY

Deliveries are ensured by Colissimo services from Monday to Saturday by the Customer upon validation of their Order. Delivery means the transfer to the Customer of physical possession of the Products.
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order and in the “Delivery and returns” section. When BRUNE ATELIER is responsible for transporting the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery. As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by the company BRUNE ATELIER. Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, of a natural person of his choice or of a legal entity (delivery to his company ).
If it is impossible to make the Delivery, due to an incorrect delivery address, no reshipment can be carried out and the Customer will be reimbursed within fourteen days from receipt of the Order by the company BRUNE ATELIER, which will deduct from the reimbursement the costs linked to the delivery of the goods. The company BRUNE ATELIER delivers Orders within a maximum period of ten working days for deliveries in mainland France and internationally, this period being counted from the first working day after validation of the Order. This delivery time may vary depending on the period.
In order for these deadlines to be respected, the Customer must ensure that they have communicated accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.). The company BRUNE ATELIER cannot be held responsible for delays in delivery which are not its fault or justified by a case of force majeure (as defined below).

ARTICLE 10 - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

Article 10.1. Deadline and terms for exercising the right of withdrawal Under the terms of article L.221-18 of the Consumer Code, the non-professional Customer has a period of 14 days from receipt of the Order to exercise his right of withdrawal from the company BRUNE ATELIER, without having to justify his decision.
Article 10.2. Conditions for returning the Order within the framework of the right of withdrawal. The right of withdrawal is exercised without penalty. Pursuant to article L. 221-21 of the Consumer Code, the Customer returns the Order with the return slip provided by the company BRUNE ATELIER, without undue delay and, at the latest, within fourteen (14) days following receipt of your package.
Beyond this 14-day period, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with their Order. The return of Products is not covered by BRUNE ATELIER. The return of Products is the responsibility of the Customer and is done at their own risk.
Article 10.3. Reimbursement of Products returned within the framework of the right of withdrawal The reimbursement of the Order by the company BRUNE ATELIER is made at the latest within 14 days from the date on which it is informed of the Customer's decision to withdraw. However, the reimbursement occurs provided that the company BRUNE ATELIER has been able to recover the Products subject to the return and the reimbursement request. The company BRUNE ATELIER makes the reimbursement using the same means of payment as that which was used to pay for the Order, unless the Customer expressly agrees that it uses another means of payment and to the extent that the reimbursement is not does not incur costs for the consumer. If the Customer fails to comply with these General Terms and Conditions, BRUNE ATELIER will not be able to reimburse the Products concerned.

ARTICLE 11 - GUARANTEES - LIMITATION OF LIABILITY

The liability of BRUNE ATELIER with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. BRUNE ATELIER will under no circumstances be liable for the following losses, regardless of their origin:
loss of income or sales
operating loss
loss of profits or contracts
loss of planned savings
data loss
loss of working or management time
image damage
loss of luck, and in particular to order a Product
moral damage

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, explicit or implicit, with the exception of the warranties provided for by law.
The company BRUNE ATELIER provides no guarantee regarding any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair any functionality of a computer or interfere with the proper functioning of a computer, including any transmission resulting from a download of any content created by the Client, the software used by the Client to download the content, the Site or the server which allows access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate antivirus and security software on his computer hardware and any other device in order to protect them against any bugs, viruses or other programming routines of this nature. proving harmful. The Customer acknowledges that it assumes all risks associated with any content downloaded or otherwise obtained through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the download of this content. BRUNE ATELIER is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met:
-they must conform to the description and have the characteristics set out on the Site;
-they must be adapted to the purposes for which products of this type are generally designed;
-they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, the company BRUNE ATELIER guarantees consumers against lack of conformity and hidden defects for the Products sold on the Site under the following conditions:

Apparent defect - Legal guarantee of conformity – Hidden defects

The presence of an apparent defect on a Product must give rise to a complaint by email (hello@bellepiece.fr). The Customer must comply with the procedure relating to the right of withdrawal by informing the company BRUNE ATELIER in advance by any means of the existence of this apparent defect, so that the return can be accepted. Subject to validation of non-conformity or a hidden defect by the company BRUNE ATELIER or the manufacturer as the case may be, the Customer benefits from the following guarantees:

The company BRUNE ATELIER with share capital of 500.00 euros whose head office is located at 17 Rue du Commandant Jean Duhail, 94120 Fontenay-sous-Bois , acts as guarantor within the meaning of the provisions of articles L 217-5 et seq. of the Consumer Code and 1641 and following of the Civil Code. Thus the Customer:

benefits from a period of 2 years from delivery of the Product to act in the event of lack of conformity of the Product,
is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following delivery of the Product
can choose between repair or replacement of the Product, subject to the cost conditions provided for by article L217-9 of the Consumer Code

The legal guarantee of conformity

The legal guarantee of conformity applies independently of the commercial guarantee described below. In addition, the Customer can also implement the legal guarantee for hidden defects in the item sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee against hidden defects allows the Customer, within two years from the discovery of the defect, to reimburse a Product which turns out to be unfit for its use.

The guarantee against hidden defects

The hidden defects guarantee allows the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.

In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and copy of the complaint to the head office. social security of the company BRUNE ATELIER, after sending an e-mail indicating the reason for the return of the Product. For all purposes, the following legal provisions are recalled:
- Art. L217-4 of the Consumer Code: “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility. »
- Art. L217-5 of the Consumer Code: “The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; (b) if it presents the qualities that a buyer can legitimately expect having regard to public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
- Art. L217-7 of the Consumer Code: “Defects of conformity which appear within a period of twenty-four months from delivery of the good are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. »
- Art. L217-8 of the Consumer Code: “The buyer has the right to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect that he knew or could not have ignored when he contracted. The same applies when the defect has its origin in the materials he himself supplied. »
- Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice results in a cost that is manifestly disproportionate with regard to the other method, taking into account the value of the goods or the importance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
- Art. L217-10 of the Consumer Code: “If repair and replacement of the goods are impossible, the buyer can return the goods and have the price refunded or keep the goods and have part of the price refunded. The same option is open to him: 1° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2° Or if this solution cannot be done without major inconvenience for him taking into account the nature of the property and the use he is seeking. However, the sale cannot be canceled if the lack of conformity is minor. »
- Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place without any cost for the buyer. These same provisions do not prevent the award of damages. »
- Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed two years from the delivery of the good. »
- Art. L217-13 of the Consumer Code: “The provisions of this section do not deprive the buyer of the right to take action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature recognized by law. »
- Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it acquired, or would have given only a lower price, if he had known them. »
- Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. »
- Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he is not aware of them, unless, in this case, he has stipulated that he will not be obliged to provide any guarantee. »
- Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded. »
- Art. 1646 of the Civil Code: “If the seller is unaware of the defects in the thing, he will only be required to return the price, and to reimburse the buyer for the costs incurred by the sale. »
- Art. 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. (…) »

Force Majeure

In the event of the occurrence of a force majeure event preventing the execution of these General Terms and Conditions, the company BRUNE ATELIER informs the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or disputes commercial activities, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than 3 months, the transaction concerned may be terminated at the request of the company BRUNE ATELIER or the Customer without compensation from either side. Failure to pay by the Customer cannot be justified by a case of force majeure.

ARTICLE 12 - PARTIAL INVALIDITY

If one or more stipulations of these General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force. and their scope.



ARTICLE 13 - NON-WAIVER

No tolerance, inaction or inertia on the part of the company BRUNE ATELIER may be interpreted as a waiver of its rights under the terms of the General Terms and Conditions.

ARTICLE 14 - MEDIATION - APPLICABLE LAW – COMPETENT JURISDICTION

The sale of Products is subject to French law. In the event of a complaint not resolved amicably by Customer Service, and in accordance with article L612-1 of the Consumer Code, the Customer can use the MEDICYS mediation service free of charge, to which the company BRUNE ATELIER is a member, electronically at the address https://app.medicys.fr/ or by post: MEDICYS – 73 boulevard de Clichy – 75009 Paris. The Ombudsman Service may be contacted for any consumer dispute that has not been successfully resolved. The Customer can also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of amicable resolution, any dispute relating to the interpretation of the T&Cs, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, in the absence of agreement amicably, to the legally competent courts.