GTC
Updated 10/23/22.
1. ABOUT US
The online sales site https://www.braody.fr/ is managed by the Microenterprise Braody whose head office is located at 837 Chemin du dandarelet, 83460 Les arcs, registered under number 828003038
The Braody site allows the Customer to order products online.
Any order placed with Braody therefore entails the Customer's unreserved acceptance of these conditions. These general conditions may be modified at any time and without notice by Braody, the applicable conditions being those in force on the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. The Products offered for sale are presented on the Braody website and accompanied by a description.
2.2. The Products offered by Braody comply with the standards applicable in France.
Items such as, in particular, photographs, texts, graphics as well as all the information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.
Consequently, Braody cannot incur any liability in the event of error or omission of any of these elements or in the event of modification of the said elements by the 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 Braody the actual information necessary for the performance of the service covered by these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone and valid email.
The Customer is responsible for the consequences arising from information transmitted that is false or inaccurate or whose recovery would be unlawful.
3.3. Once the order has been placed, Braody sends the Customer an e-mail confirming it. He informs him of the dispatch of the Products.
3.4. The Customer can modify his data in the “my account” section.
4. ORDER
4.1. Any order will only be validated after acceptance of payment.
4.2. Braody reserves the right to cancel or refuse an order in the event of a dispute with the Customer on a previous order.
4.3. Braody can accept orders while stocks last. It informs the Customer of the availability of the Products sold on the Site at the time of the order confirmation.
If, despite Braody's vigilance, the products are unavailable, Braody will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, where applicable, for the sums already paid.
5. PRICE
5.1. The prices displayed on the Site are indicated in euros, all French taxes included (French VAT and other taxes that may be applicable), 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 the final validation of the order.
Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. The articles will be invoiced on the basis of the rates in force at the time of the registration of the order.
6. DELIVERY
6.1. Braody delivers its Products in France and overseas departments.
The products are sent with the delivery note, to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO 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 he has communicated exact and complete information concerning the delivery address (such as, in particular: street number, building, staircase, access codes , names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 7 working days, if the product has not been dispatched, the Customer may cancel the order by registered letter with acknowledgment of receipt and request reimbursement of his order.
If the item has been shipped before receipt of the cancellation of the order for late delivery of more than 7 days, Braody will refund the item and the shipping and return costs, upon receipt thereof. , complete, in original condition and with all tags.
Braody undertakes to inform the Customer of the progress of the processing of his order.
In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and Braody, by any means, of any reservations within 3 days of receipt of the product.
Braody cannot be held responsible for the consequences due to a delay in delivery that is not of its making.
7. PAYMENT
Full payment must be made when ordering. At no time can the sums paid be considered as a deposit or down payment. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard) in accordance with the provisions of this article.
Braody does not accept payment by check. The customer will have to go to the other means of payment offered.
For any transaction, the Customer will indicate the number appearing on the front of his card, the expiry date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his bank card number constitutes authorization for Braody to debit his account for the amount of his order.
No cash on delivery will be accepted, whatever the reason.
Braody retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by Braody are 100% secure. For payments by credit card (credit card, visa credit card and e-credit card), all information that Customers communicate to Braody is strictly protected and guarantees the compliance and security of each transaction.
8. RETURNS AND REFUNDS OF PRODUCT(S)
RIGHT TO RETRACT
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 Seller, without having to justify reasons or pay a penalty, end of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days from the day of actual receipt of the order.
Damaged, soiled or incomplete Products are not taken back.
The Consumer has a right of withdrawal of fourteen (14) days from the placing of the Order, except for the contracts mentioned in Article L.221-28 of the Consumer Code .
To exercise this right of withdrawal, the Consumer has up to fourteen (14) days after receipt of his Order to send a declaration in accordance with the downloadable model opposite: Withdrawal form . The form is to be sent to the email address: contact@braody.fr indicating in the subject: "Request for withdrawal - Order #Thenumber of your order"
If the products are not returned within fourteen (14) days, the Order is deemed final and no refund can be made.
The Customer will be reimbursed for all costs paid for placing the Order within fourteen (14) days following the recovery of the returned Product(s).
The refund will be made by the same means of payment as the one used for the purchase.
Exclusion of the right of withdrawal:
Any right of withdrawal is excluded for the following items according to article L121-21-8 of the Consumer Code :
- personalized item
Please note: personalized products cannot be taken back, exchanged or refunded given the unique and personal nature of the order.
9. WARRANTIES AND LIABILITY
Braody has, for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. Braody cannot be held liable 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 law and case law.
10. INTELLECTUAL PROPERTY
Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).
This Site or any part of this Site may not be reproduced, copied, sold or otherwise exploited for commercial purposes without the express written permission of Braody.
In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full property of Braody.
The Customer is therefore required to respect intellectual property rights and may not in any way use the trademarks appearing on the Site and on the Products if applicable, or register a trademark that would prejudice the holder of the rights, unless otherwise provided by contract.
The same applies to any other intellectual property right.
11. WARRANTIES AND LIABILITY
Braody agrees to use Customers' confidential information only in connection with 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 Braody's technical service providers.
In addition, Braody 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 amended by the law of August 6, 2004, the Customer has a right to access and rectify personal data concerning him appearing in Braody's files. Any request must be sent by e-mail to: contact@braody.fr
12. GENERAL PROVISIONS
12.1. UPDATE
These general conditions may be modified at any time and without notice by Braody, the applicable conditions being those in force on the date of the order by the Customer.
These general conditions of sale are permanently accessible in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.
12.2. APPLICABLE LAW – JURISDICTION
These general conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding plurality of defendants or warranty claim.
12.3. : REPRODUCTION OF APPLICABLE TEXTS (ORDINANCE 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 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. L.211-5. of the Consumer Code
- To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement by 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 by two years from the delivery of the goods.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects in the thing sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or does not would have given a lesser price, if he had known them.
Art. 1648 paragraph 1 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.