Terms of Sales
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 terms of payment
Article 9 - Delivery
Article 10 - Right of withdrawal - refunds and returns
Article 11 - Warranties - Limitation of liability
Article 12 - Partial invalidity
Article 13 - Non-waiver
Article 14 - Mediation-Applicable law-Competent jurisdiction
ARTICLE 1 - PRESENTATION
Our site: www.bellepiece.fr is published by BRUNE ATELIER. These conditions of sale are concluded on the one hand by the company BRUNE ATELIER with a share capital of 7000.00 euros whose registered office is located at 17 Rue du Commandant Jean Duhail, 94120 Fontenay-sous-Bois , registered in the Trade Register and Companies of Créteil 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 .bellepiece.fr hereinafter referred to as "the buyer".
ARTICLE 2 - APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general terms and 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 prior to any order, the T&Cs being available on the Site.
BRUNE ATELIER reserves the right to adapt or modify these GCS at any time; the version of the GCS applicable to any sale being that appearing online on the site www.bellepiece.fr at the time of the Order. Consequently, the fact of placing an Order requires the prior and unconditional acceptance of the T&Cs 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 BRUNE ATELIER.
The Site is accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, unless interrupted, by BRUNE ATELIER or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure ( as defined below). BRUNE ATELIER cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site. BRUNE ATELIER cannot guarantee that the Site will be free of anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. BRUNE ATELIER cannot be held responsible for problems with data transmission, connection or unavailability of the network either. BRUNE ATELIER reserves the right to change the Site, for technical or commercial reasons.
ARTICLE 4 - REGISTRATION ON THE SITE
The Customer's registration on the Site is validated by BRUNE ATELIER as soon as the Customer receives a registration confirmation email.
When creating his Account or making a purchase as a visitor, the Customer must ensure the accuracy and completeness of the data he provides. 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 the 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 the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of BRUNE ATELIER. As such, BRUNE ATELIER cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks. BRUNE ATELIER takes great care in the presentation and description of its products to best satisfy the information of the Customer. 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 the security of the information transmitted or obtained by means of the Site.
ARTICLE 6 - ORDERS
A confirmation email summarizing the Order (product(s), price, quantity, etc.) will be sent to the Customer by BRUNE ATELIER. To this end, the Customer formally accepts the use of e-mail for confirmation by BRUNE ATELIER of the content of his Order.
Before any order, the buyer must create an account on the site 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 to order and pay for its 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 made 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.
The dispatch of your order takes place only after verification of your method of payment and receipt of the authorization to debit your card.
Your account will be debited when your order is shipped.
BRUNE ATELIER does not keep the bank details of its customers.
The confirmation of an order entails acceptance of these conditions of sale, the recognition of having perfect knowledge of them and the renunciation of availing oneself of its 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, BRUNE ATELIER will send him confirmation of the registration of his order by e-mail.
If the buyer wishes to contact BRUNE ATELIER, he can do so by email at the following address: Hello@bellepiece.fr
ARTICLE 7 - REFUSAL TO PROCESS AN ORDER
BRUNE ATELIER reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on the latter. Despite BRUNE ATELIER's best efforts to meet the expectations of its customers, the latter may refuse to process an Order after having sent the Customer the confirmation email summarizing the Order. BRUNE ATELIER cannot be held liable to 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 - PRICE AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros including VAT, but excluding customs fees and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier. All prices displayed are calculated and include 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 BRUNE ATELIER constitutes authorization to debit his Account up to the price of the Products ordered. Where applicable, notification of Order cancellation for non-payment is sent to the Customer by BRUNE ATELIER to the email address provided by the Customer when registering on the Site. The data recorded and kept by BRUNE ATELIER constitutes proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitutes proof of any financial transaction between the Customer and BRUNE ATELIER.
ARTICLE 9 - DELIVERY
Deliveries are provided by Colissimo services from Monday to Saturday by the Customer when validating his Order. Delivery means the transfer to the Customer of physical possession of the Products.
The Delivery charges 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 takes care of the delivery of 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 BRUNE ATELIER. Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ).
If it is impossible to carry out the Delivery, due to an incorrect delivery address, no reshipment can be carried out and the Customer will be reimbursed within fourteen days of receipt of the Order by BRUNE ATELIER, which will remove from the reimbursement the costs related to the delivery of the goods. The company BRUNE ATELIER delivers Orders within a maximum period of ten working days for deliveries in Metropolitan 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 he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.). BRUNE ATELIER cannot be held responsible for delays in delivery that are not its fault or justified by a case of force majeure (as defined below).
ARTICLE 10 - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
Section 10.1. Deadline and procedures 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 BRUNE ATELIER, without having to justify his decision.
Section 10.2. Terms of return of the Order under 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 form provided by BRUNE ATELIER, without undue delay and, at the latest, within fourteen (14) days. following receipt of the package.
Beyond this period of 14 days, the sale is firm and definitive. 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 form received with his Order. The return of Products is not covered by BRUNE ATELIER. The return of the Products is the responsibility of the Customer and is at his risk.
Section 10.3. Reimbursement of Products returned under the right of withdrawal Reimbursement of the Order by BRUNE ATELIER is made no later than 14 days from the date on which it is informed of the Customer's decision to withdraw. However, the refund is made subject to the company BRUNE ATELIER being able to recover the Products subject to the return and the refund request. BRUNE ATELIER makes the refund using the same means of payment as the one used to pay for the Order, unless the Customer expressly agrees to use another means of payment and insofar as the refund does not entails no costs for the consumer. If the Customer fails to comply with these T&Cs, BRUNE ATELIER will not be able to reimburse the Products concerned.
ARTICLE 11 - GUARANTEES - LIMITATION OF LIABILITY
BRUNE ATELIER's liability with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. BRUNE ATELIER shall in no event be liable for the following losses, regardless of their origin:
loss of revenue or sales
loss of profits or contracts
loss of planned savings
loss of work or management time
loss of opportunity, and in particular to order a Product
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
The BRUNE ATELIER company does not provide any guarantee concerning any damage which 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 the functionality of a computer or to interfere with the proper functioning of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of 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 equipment and any other device in order to protect them against any bug, virus or other programming routine of this order. proving harmful. The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content. BRUNE ATELIER is only required to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met:
- they must comply with the description and have the characteristics displayed on the Site;
-they must be suitable for 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, BRUNE ATELIER guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site under the following conditions:
Visible defect - Legal guarantee of conformity - Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (email@example.com). The Customer must comply with the procedure relating to the right of withdrawal by informing BRUNE ATELIER beforehand by any means of the existence of this apparent defect, so that the return can be accepted. Subject to the validation of a non-conformity or a hidden defect by BRUNE ATELIER or the manufacturer as the case may be, the Customer benefits from the following guarantees:
The company BRUNE ATELIER with a share capital of 500.00 euros whose registered 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 and following. of the Consumer Code and 1641 and following of the Civil Code. Thus the Customer:
benefits from a period of 2 years from the delivery of the Product to act in default of conformity of the Product,
is exempted from providing proof of the existence of the lack of conformity of the good during the 6 months following the delivery of the Product
can choose between repairing or replacing the Product, subject to the cost conditions provided for in 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 of the thing sold, within the meaning of articles 1641 and following 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 has proved unsuitable for its use.
The warranty against hidden defects
The warranty against hidden defects allows the Customer to be protected against hidden defects of the Product purchased and 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 price reduction, 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 a copy of the complaint to the head office. of the company BRUNE ATELIER, after sending an e-mail indicating the reason for the return of the Product. For all practical purposes, the following legal provisions are recalled:
- Art. L217-4 of the Consumer Code: “The seller delivers goods that comply with the contract and is liable for any lack of 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 this has been charged to him 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 has the qualities that the latter has presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
- Art. L217-7 of the Consumer Code: “The defects of conformity which appear within twenty-four months from the delivery of the goods 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 challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
- Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him. »
- Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good. However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer. »
- Art. L217-10 of the Consumer Code: “If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good 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 of the buyer's complaint; 2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced 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 at no cost to the buyer. These same provisions do not preclude the award of damages. »
- Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
- Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the 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 on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have it acquired, or would have given only a lesser price, if he had known them. »
- Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer has been able to convince himself. »
- Art. 1643 of the Civil Code: “He is liable for hidden defects, even if he did not know of them, unless, in this case, he has stipulated that he will not be bound by any guarantee. »
- Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or keeping the item and getting part of the price refunded. »
- Art. 1646 of the Civil Code: “If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser 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. (…)”
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, BRUNE ATELIER shall inform the Customer thereof within fifteen (15) days of 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, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage 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 of the parties' obligations 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 BRUNE ATELIER or the Customer without compensation on 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 GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
ARTICLE 13 - NON-WAIVER
No tolerance, inaction or inertia on the part of BRUNE ATELIER may be interpreted as a waiver of its rights under the terms of the GCS.
ARTICLE 14 - MEDIATION - APPLICABLE LAW - 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 may use the MEDICYS mediation service free of charge, to which BRUNE ATELIER is a member, electronically at the address https://app.medicys.fr/ or by post: MEDICYS – 73 boulevard de Clichy – 75009 Paris. The Mediator's Service can be contacted for any consumer dispute whose settlement has not been successful. The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. Failing amicable resolution, any dispute relating to the interpretation of the GCS, 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.