These general conditions of sale and use aim to define the rights and obligations of BROUSSAUD TEXTILES and the Customer of products presented by BROUSSAUD TEXTILES on its site www.maisonbroussaud.fr (hereinafter “the Site”). They apply exclusively between the company BROUSSAUD TEXTILES, SAS with share capital of €200,000 registered with the RCS of Limoges under number 490889706, having its headquarters at 1 rue Prieuré 87230 Les Cars (hereinafter “MAISON BROUSSAUD”) , and any individual consumer visiting or making a purchase via said Site (hereinafter “the Customer”).
On the Site, BROUSSAUD TEXTILES allows the Customer to order MAISON BROUSSAUD brand products online (hereinafter “the Product(s)”) according to these general conditions.
Any order placed with MAISON BROUSSAUD therefore entails unreserved acceptance by the Customer of these conditions. These general conditions may be modified at any time and without notice by MAISON BROUSSAUD, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address:
https://www.maisonbroussaud.fr in a computer format allowing their printing and/or downloading, so that the Customer can reproduce or save them.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the MAISON BROUSSAUD website and accompanied by a description.
2.2. The Products offered by MAISON BROUSSAUD comply with the standards applicable in France.
Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, MAISON BROUSSAUD cannot incur any liability in the event of an error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.
3. CUSTOMER OBLIGATIONS
3.1. The Customer declares to be at least 18 years old and to have the legal capacity or to hold parental authorization allowing him to place an order on the Site.
3.2. The Customer undertakes to communicate to MAISON BROUSSAUD the real and necessary information to carry out the service subject to these conditions as requested online and according to his situation, in particular his name, first name, address, telephone number. and valid email.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the resumption of which would be unlawful.
3.3. Once the order has been placed, MAISON BROUSSAUD sends the Customer an e-mail confirming it. He informs him of the sending of the Products.
3.4. The Customer can modify his data in the “my account” section.
4.1. Any order will only be validated after payment has been accepted.
4.2. MAISON BROUSSAUD reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.
4.3. MAISON BROUSSAUD can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.
If, despite MAISON BROUSSAUD's vigilance, the products are unavailable, MAISON BROUSSAUD will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if applicable, the amounts already paid.
Permanent or temporary unavailability cannot in any way engage the liability of MAISON BROUSSAUD, nor can it give rise to any right to compensation or damages in favor of the Customer.
5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may apply), excluding shipping costs, participation in order processing costs and packaging costs.
Shipping costs, participation in order processing costs and packaging costs will be indicated in the Customer's basket, before final validation of the order.
Prices may be modified at any time, without notice, particularly in the event of a change in tax or economic data. Items will be invoiced based on the rates in effect at the time the order is placed.
6.1. MAISON BROUSSAUD delivers its Products to France and all countries of the European Union and can, upon request, deliver to any country.
The products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or post office boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. 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 codes , names and/or intercom numbers, etc.).
In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgment of receipt and request reimbursement for their order.
If the item was shipped before receipt of the cancellation of the order for late delivery of more than 7 days, MAISON BROUSSAUD will reimburse the item and the shipping and return costs, upon receipt of the item. here, complete, in its original condition and with all labels.
MAISON BROUSSAUD undertakes to inform the Customer of the progress of the processing of their order.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and MAISON BROUSSAUD, by all means, of any reservations within 3 days following receipt of the product.
MAISON BROUSSAUD cannot be held responsible for the consequences due to a delay in delivery not being its fault.
Full payment must be made when ordering. At no time can the amounts paid be considered as deposits or deposits. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard) or with his Paypal account, in accordance with the provisions of this article.
For any transaction, the Customer will indicate the number appearing on the front of their card, the expiration date of their card and the cryptogram appearing on the back of their card (last three digits).
The communication by the Customer of his bank card number constitutes authorization for MAISON BROUSSAUD to debit his account up to the amount of his order.
No cash on delivery will be accepted, whatever the reason.
MAISON BROUSSAUD retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by MAISON BROUSSAUD are 100% secure. For payments by bank card (credit card, visa credit card and e-credit card), all the information that Customers communicate to MAISON BROUSSAUD is strictly protected and guarantees the compliance and security of each transaction.
8.EXCHANGES AND RETURNS OF PRODUCT(S)
RIGHT TO RETRACT
Within fourteen (14) days from receipt of the order, the Customer may request the return of the Product(s) from MAISON BROUSSAUD.
To do this, the Customer must contact customer service by e-mail at firstname.lastname@example.org and communicate their order number including all the information for returning the Product(s).
The Customer must return the Product(s) at his own expense except in the case where he has received a product with a manufacturing defect or which does not correspond to the Customer's initial order.
The return is made at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return slip, to the following address:
1 rue Prieuré 87230
The Cars (France)
The returned Product will be refunded within a maximum period of thirty (30) days from its receipt by MAISON BROUSSAUD. This will be carried out by crediting the amount to be reimbursed to the Customer's bank account.
If the Customer fails to comply with these conditions, in particular the return conditions, MAISON BROUSSAUD will not be able to reimburse the Products concerned.
9.GUARANTEES AND LIABILITY
MAISON BROUSSAUD has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. MAISON BROUSSAUD cannot be held responsible for any inconvenience or damage inherent in the use of the internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with to the law and jurisprudence.
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (products listed, descriptions, images, videos, etc.).
This Site or any part of this Site must under no circumstances be reproduced, copied, sold or exploited for commercial reasons without the express written authorization of MAISON BROUSSAUD.
Generally speaking, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and complete property of MAISON BROUSSAUD. The Customer is therefore required to respect intellectual property rights and may not use the brands appearing on the Site and on the Products where applicable, or register a brand that would be detrimental to the rights holder, unless otherwise provided by contract.
The same applies to any other intellectual property right.
11.GUARANTEES AND LIABILITY
MAISON BROUSSAUD undertakes to only use Clients' confidential information within the framework of the operation of its Site.
For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges having knowledge of it.
As such, information concerning him may be communicated to MAISON BROUSSAUD technical service providers.
Furthermore, MAISON BROUSSAUD may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.
In accordance with the law of January 6, 1978 modified by the law of August 6, 2004, the Customer has a right of access and rectification of personal data concerning him appearing in the MAISON BROUSSAUD files. Any request must be sent by e-mail to: email@example.com
This computer processing has been declared to the Commission Nationale de l’Informatique et des Libertés (CNIL)
In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, 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, bad weather, epidemic, blockage of means of transport or supply for any reason, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal changes or regulatory 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 will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.
13.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the stipulations of these conditions is declared null or non-enforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other stipulations.
These general conditions may be modified at any time and without notice by MAISON BROUSSAUD, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible at the following address: https://www.maisonbroussaud.fr in a computer format allowing their printing and/or downloading, so that the Customer can proceed for their reproduction or backup.
13.3. APPLICABLE LAW – COMPETENT COURT
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be the subject of a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4. : REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF FEBRUARY 17, 2005, CONSUMER CODE, CIVIL CODE)
Art. L. 211-4. of the Consumer Code
The seller is required to deliver 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. L. 211-5. of the Consumer Code
- To comply with the contract, the property must:
1° Be suitable for the use usually expected of similar goods and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect in view of the public declarations made by the seller, by the producer or by its representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-12. of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the Customer would not have acquired it, or would not have purchased it. would have given only a lower price, if he had known them.
Art. 1648 paragraph 1 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. You can contact MAISON BROUSSAUD by telephone on 05 55 36 90 90 and by e-mail at firstname.lastname@example.org.