TERMS AND CONDITIONS OF SALE
VERSION UPDATED ON 12.18.2017
PRELIMINARY ARTICLEThe SAS LABRUYERE.PARIS company - France (hereinafter named “LABRUYERE”) sells LABRUYERE products in France and abroad.
Always seeking to meet the expectations of its customers, the LABRUYERE company wished to set up a remote sales network by electronic means (Internet) of its products.
The system thus put in place, which assumes an active approach on the part of the customer, is in every way in conformity with the requirements for distance selling and, in particular, with Articles L.111-1, L.112- 1 and L.221-1 and following of the Consumer Code.
The use of remote sales process described in these Terms of Sale is reserved only to consumers within the meaning that give law and jurisprudence, acting exclusively for their own account and domiciled in “Metropolitan France” and abroad (this term being understood as including Corsica and excluding departments and territories overseas and Monaco).
ARTICLE 1: SCOPE
These Terms of Sale apply to all sales of products LABRUYERE entered either through the Customer Service established by the SAS LABRUYERE.PARIS company or via the e-shop available from the Website www.labruyere.paris, for a delivery in France and abroad .
1.1 With regard to the sale by telephone, any sale of LABRUYERE items through the Customer Service set up by the company LABRUYERE is concluded under the resolutive condition of the acceptance of these General Conditions of Sale by the customer.
1.2 With regard to the sale by electronic means (Internet), the customer declares to have taken knowledge of these General Conditions of Sale before the placing of his order. The validation of his order is therefore acceptance without restriction or reservation of the present General Conditions of Sale. In accordance with the provisions of article 1369-4 of the Civil Code, these General Terms and Conditions of Sale may be kept by any person visiting the website www.labruyere.paris, by means of a computer record and may be reproduced by the means of their printing; these General Conditions of Sale will apply as long as they appear on the website www.labruyere.paris. In the event that, after the date of their removal from the www.labruyere.paris website, the present General Terms and Conditions of Sale will nevertheless remain accessible to the public via other websites or by any other means, they would no longer be opposable to the LABRUYERE company.
ARTICLE 2: IDENTIFICATION OF THE AUTHOR OF THE OFFER
Company of SAS LABRUYERE.PARIS stores - France
Company with capital of 24 000 euros registered with the Versailles Trade and Companies Register under the number 842 789 091.
Registered office: 4 bis rue Alexandre Dumas - 78100 Saint Germain en Laye
VAT number: FR11 842 789 091
ARTICLE 3: INFORMATION RELATING TO ARTICLES
Information on all LABRUYERE items that can be sold through SAS LABRUYERE.PARIS Customer Service is available, with their references, in all LABRUYERE stores, as well as on the website www.labruyere.paris.
This information complies with the requirements of the legal and regulatory texts in force and, in particular, with Articles L.111-1 and L.112-1 of the Consumer Code and with the ministerial decree of 3 December 1987 "relating to consumer information on prices".
ARTICLE 4: ORDERS OF ARTICLES
4.1 Internet Orders
Orders can be placed via the Internet on the e-shop accessible from the website www.labruyere.paris. The customer will bear the cost of telecommunication when accessing the Internet and using the site www.labruyere.paris.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the company LABRUYERE. Customers can obtain additional information by contacting SAS LABRUYERE.PARIS Customer Service by phone: +33 (0)6 59 87 46 00 or email: firstname.lastname@example.org.
In case of manifest error between the characteristics of the articles and their representation, the company LABRUYERE can not be held liable.
The customer must, in order to buy a product, fill out an order form specifying certain mandatory fields so that the company PHAAREL SARL can take his selection into account.
In case of prolonged inactivity during the connection it is possible that the selection of the articles chosen before this inactivity is no longer guaranteed. The customer will be invited to pick up his product selection from the beginning.
All steps necessary for the sale will be specified on the website www.labruyere.paris in accordance with the provisions of Article 1369-1 of the Civil Code.
In application of the provisions of Article 1369-4 of the Civil Code, the customer will have the opportunity, before confirming his order definitively, to check the details of his order and its total price and to correct any errors, before confirming this one to express its acceptance. From the moment the customer has validated his order, the company LABRUYERE will acknowledge receipt thereof without delay and electronically.
However, the sale will be considered final only after the customer has sent the confirmation of the order by the company LABRUYERE, specifying the shipment of articles. Only items shipped will be charged.
4.2 Refusal of orders
In accordance with the provisions of Article L.121-11 of the Consumer Code, the company SAS LABRUYERE.PARIS will be entitled to refuse any abnormal order or placed in bad faith, or any order from a customer with whom there is a relative dispute payment of a previous order.
ARTICLE 5: PRICE OF ARTICLES
The price of the articles includes all taxes.
The price including VAT of each of the items that the customer would like to purchase, as well as the amount of the transport costs related to their delivery (if these transport costs are not supported by LABRUYERE), will be communicated to him before validating the order definitively; either during his call to the Customer Service of LABRUYERE.
In accordance with the provisions of Article L.221-11 of the Consumer Code, the customer will receive, upon delivery, for each of the items, the written confirmation of the price paid detailing the price of the items and delivery charges if applicable to him.
ARTICLE 6: PAYMENT TERMS
Payment of the customer's purchases can be made by credit card (accepted the cards of the "CB" network, Visa card, MasterCard), soon Paypal (with or without account), or bank transfer issued from bank accounts domiciled in Metropolitan France or abroad. The additional costs generated by the issue of payments outside France remain entirely the responsibility of the customer.
In case of payment by credit card, the credit card of the customer is debited at the time of the confirmation of the order.
To this end, the customer guarantees the Customer Service of the company SAS LABRUYERE.PARIS he is the holder of the credit card and the name on the credit card to debit is his own and then communicates in a secure environment on the Internet, the number and the expiry date appearing on the front of his bank card as well as the numbers of the visual cryptogram appearing on the back (or the front) of his bank card.
In the context of Internet payments, checks will be made online at the relevant banks and institutions.
In the event that, for whatever reason (opposition, refusal of the issuing center...), the debit of the sums due by the customer would be impossible, the process of buying on the Internet would be canceled.
In case of payment by bank transfer, LABRUYERE is entitled to transmit its RIB (Bank Identification Statement) to the customer to receive the transfer corresponding to the total amount of purchases made. Once received, the company SAS LABRUYERE.PARIS acknowledges good reception with his client and proceeds to the shipment of the articles concerned.
The provisions of article 1341 of the Civil Code are inapplicable to sales concluded by distance by the company SAS LABRUYERE.PARIS.
ARTICLE 7: DELIVERY
The customer has the faculty to deliver the items to a natural person of his choice whose permanent home is located in Metropolitan France, for example as part of a gift.
It is understood that no delivery can be made to hotels, business addresses, or PO boxes. The delivery of articles will occur after the payment of the amount of the order has been recorded.
In accordance with the provisions of the Consumer Code, the delivery of the items ordered will be made within the deadlines communicated by LABRUYERE and, in the absence of any indication, in any event not later than 30 days from the date of the order, subject to the full payment of the price. The LABRUYERE house indicates an indicative time of two (2) to five (5) days of delivery for the orders to be delivered in metropolitan France. Shipments for other destinations are subject to a longer shipping time.
Delivery charges are the responsibility of the customer; the amount of these costs is communicated to the customer prior to the validation step of his order and depends on the quantity of items, their weight and the place of delivery of the items.
If, during delivery, the external appearance of the package is not perfect, the customer will proceed to its opening in the presence of the carrier to check the condition of the item. In case of damage to the item, the customer will detail precisely on the delivery note, the provisions of ARTICLE 11 below remaining otherwise applicable.
ARTICLE 8: RIGHT OF RETRACTION AND RETURN OF ARTICLES
The company SAS LABRUYERE.PARIS intends that those of its customers who are not satisfied with the items ordered can exercise the right of withdrawal provided for by Article L.221-18 of the Consumer Code under the best conditions.
Thus, the customer can exercise his right of withdrawal, without having to justify his decision, up to fourteen (14) days after receipt of the article concerned.
In accordance with Article L.221-28 of the Consumer Code, the right of withdrawal can not be exercised for orders relating to:
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection.
To notify its withdrawal decision, the customer may use the withdrawal form at the bottom of these Terms and Conditions, or any other unambiguous statement.
To return items that he has already received the customer can return the items by post. The customer must, within fourteen (14) days following the communication of its decision to retract, return the article concerned to the following address:
4 bis rue Alexandre Dumas
78100 Saint Germain en Laye
The customer has a return label offered by LABRUYERE that just has to be stick on the closed package. The direct costs of returning the item will be borne by the customer. It will be up to the customer to provide proof of this return, which assumes that the items must be returned by registered mail, or by any other means giving a certain date, the costs and risks of return remaining the responsibility of the customer. The refund will be made within fourteen (14) days of the receipt, by the LABRUYERE company, of the returned items.
The reimbursement of the amount paid for the item (s) returned (s) will be made, depending on the method of payment of items, by credit on the customer's bank account corresponding to the credit card used for payment. Pursuant to Article L.221-24 of the Consumer Code, the additional fee paid by the client and related to the choice of a specific method of delivery will not be refunded.
Moreover, in the case of a gift, the right of withdrawal remains the exclusive benefit of the customer and can in no case be exercised by the recipient of the gift.
In all cases, the customer must return the items in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the invoice return slip. Items returned incomplete, damaged, soiled or in any other condition that must be reasonably considered to have been used or worn, will not be refunded neither be exchanged and will be returned to the customer.
ARTICLE 9: EXCHANGE
The company LABRUYERE wishes to offer its customers the opportunity to exchange the items delivered under the conditions described below.
The customer may proceed to the exchange remotely within fourteen days (14) from the date of delivery. The customer has to return the items delivered in their original packaging, complete (boxes, accessories, protections, labels, booklets, etc.) and accompanied by the return form and a copy of the invoice, to the next address:
4 bis rue Alexandre Dumas
78100 Saint Germain en Laye
In the latter case, it will be up to the customer to provide proof of this return, which assumes that items must be returned by registered mail, or by any other means giving a certain date, the return costs remaining the responsibility of the customer. Any new delivery will be able to intervene only from the reception by the company LABRUYERE of the returned articles by the customer.
Whatever the option chosen, items returned incomplete, damaged, soiled or in any other state that reasonably suggests that they were used or worn, will not be exchangeable and will be returned by post in the case of a remote exchange. In case of exchange of articles, the initial sale will be resolved. The payment of the new sale will be made by compensation with the amount of the previous sale, on the understanding that any overpayment will be the subject of: either a credit or a refund on the customer's credit card.
It is specified that in the case of a gift, the possibility of exchange may be exercised by the recipient of the gift, it being understood that in the context of a remote exchange via the Customer Service of the company LABRUYERE, no refund can not be made in favor of the recipient of the gift in case of price difference.
In case of exchange of items via the Customer Service, the new sale will be subject to these Terms and Conditions of Sale.
As part of the commercial exchange policy presented under this article, LABRUYERE reserves the right to refuse an exchange beyond two (2) successive requests. In addition, the delivery charges paid by the customer, if any, will not be refunded.
ARTICLE 10: COMPLIANCE - GUARANTEE - AFTER-SALES SERVICE
The customer must ensure that the items delivered to him correspond to his order. In the event that the delivered items are not in accordance with his order, the customer must inform the Customer Service of the company LABRUYERE and return the items in question under the conditions set out in ARTICLE 8 of these General Conditions of Sale.
Notwithstanding the specific warranty conditions given to the customer with the delivered item, the LABRUYERE items are subject to the warranty conditions provided for by law under articles L.217-4, L.217-5 and L.217-12 Code of Consumption and Articles 1641 and 1648, first paragraph of the Civil Code.
LABRUYERE offers an after-sales service for its products. The Customer can contact the Customer Service by phone: +33 (0)6 59 87 46 00 (price of a local call) or by electronic mail at the address email@example.com.
ARTICLE 11: CLAIMS - INFORMATION
For any information, complaint or question relating to the Conditions of Sale put in place by the company LABRUYERE.Paris or articles themselves, customers should contact the Customer Service of the Company LABRUYERE by phone: +33 (0)6 59 87 46 00 (price of a local call); by e-mail at firstname.lastname@example.org; or on the website via the "Contact" form, reminiscent their order number if necessary.
ARTICLE 12: ELECTRONIC FILES - PROTECTION OF PRIVACY
In the framework of the management and the follow-up of the orders placed with the Customer Service or through this Website www.labruyere.paris, the company SAS LABRUYERE.PARIS is brought to collect and to treat personal data relating to its customers. This information, intended for persons authorized by their function to know within companies SAS LABRUYERE.PARIS, and where appropriate, authorized third parties, are required to process and track requests or orders from the customer, to better meet its expectations and the prevention of any fraudulent use of its means of payment or identity. This database has been declared in accordance with the requirements of the "Informatique et Libertés" law no. 78-17 of 6 January 1978, as amended by Law No. 2004-801 of 6 August 2004.
In accordance with Articles 38 et seq. of the aforementioned "Informatique et Libertés" Act, any person whose data is processed has the right to object for legitimate reasons, a right of access, and than a right to rectify or delete information about him that would no longer be relevant. These rights may be exercised according to the terms and conditions indicated in the "Personal Data Policy" of this Website.
Depending on the choices made during the creation or consultation of their accounts on the Internet, customers will be able to choose if they wish to receive offers from the company LABRUYERE, or be informed of particular transactions via e-mail. If a customer no longer wishes to receive these offers, he can cancel his subscription at any time by unchecking the option in the section "Customer Account" - "Information"; or make a request to the Customer Service of LABRUYERE.
ARTICLE 13: INTELLECTUAL PROPERTY RIGHTS
The LABRUYERE brand, the illustrations, images and logos appearing on LABRUYERE articles, their accessories or their packaging, whether they are registered or not, are and will remain the exclusive property of SAS LABRUYERE.PARIS. Any total or partial reproduction, modification or use of these marks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior consent of SAS LABRUYERE.PARIS, is strictly prohibited. The same is true of any combination or conjunction with any other brand, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same will apply to all copyrights, designs and models, patents that are the property of SAS LABRUYERE.PARIS.
ARTICLE 14: FORCE MAJEURE
Execution by the company SAS LABRUYERE.PARIS all or part of its obligations will be suspended in case of occurrence of a fortuitous event or force majeure that would hinder or delay implementation.
Are considered as such, in particular, without this list is limiting, the war, the riots, the insurrection, the social unrest, the strikes of any nature and the problems of supply of the company SAS LABRUYERE.PARIS.
LABRUYERE will inform the client of such a fortuitous event or force majeure within seven (7) days of its occurrence. If this suspension continues beyond a period of fifteen (15) days, the customer would then have the opportunity to cancel the current order, and it would then proceed to its refund in the conditions set out in Article 8 of these General Conditions of Sale.
ARTICLE 15: DISPUTES - APPLICABLE LAW
These General Conditions of Sale are subject to French law. In case of difficulty occurring during the order or delivery of LABRUYERE items, the customer will have the opportunity, before any legal action, to seek an amicable solution. Any dispute that may arise from the interpretation or execution of these General Terms and Conditions of Sale and its consequences will be subject to the exclusive jurisdiction of the French courts.
ANNEX: RETURN FORM
(Please complete and return this form only if you wish to withdraw from the contract).
- To the attention of the:
LABRUYERE - Customer Service
4 bis rue Alexandre Dumas
78100 Saint Germain en Laye
Or via the "Contact" form available on the website www.labruyere.paris.
- I hereby notify you of my withdrawal from the contract for the sale of the product [specify the nature and name of the product concerned] below:
FOR EACH PRODUCT CONCERNED
Title of the product:
Date of receipt:
Name of the consumer:
VERSION UPDATED ON 18/12/2017
Welcome to www.labruyere.paris
SAS LABRUYERE.Paris and/or their affiliates ("LABRUYERE") provide website functionality and other products and services when you visit or buy on the website www.labruyere.paris (the "website"), the use of products and services LABRUYERE, or the use of software provided by LABRUYERE in the context of all the foregoing (together hereinafter, the "LABRUYERE Services"). LABRUYERE provides LABRUYERE Services according to the conditions defined on this page.
Please read these terms carefully before using LABRUYERE Services. By using the LABRUYERE Services, you agree to be bound by these conditions.
ARTICLE 1: PRIVATE LIFE
To understand our policies, please consult our personal data protection policy and our Internet Advertising and Cookies policy, which also govern the use of LABRUYERE Services.
ARTICLE 2: ELECTRONIC COMMUNICATIONS
When you use any LABRUYERE Service or send us e-mails, SMS or other communications from your fixed or mobile device, you communicate with us electronically or by telephone. We will communicate with you electronically and by telephone or through the other LABRUYERE Services, such as the “My Account” section for example. For contractual purposes, you agree to receive electronic communications from us and you agree that all agreements, information, disclosures and other communications that we send to you electronically fulfill all legal obligations of written communications, unless a mandatory law specific requires another mode of communication.
ARTICLE 3: INTELLECTUAL PROPERTY, COPYRIGHT, AND PROTECTION OF DATABASES
All content present or made available through the LABRUYERE Services, such as text, graphics, logos, buttons, images, digital downloads, and compilations of data, is the property of LABRUYERE or its suppliers its content providers and is protected by French and international law of intellectual property, copyright and protection of databases. The compilation of all the content present or made available through the LABRUYERE Services is the exclusive property of LABRUYERE and is protected by the French and international law of the intellectual property and the protection of the databases.
You must not extract and/or systematically reuse parts of the contents of any LABRUYERE Service without our express written permission. In particular, you should not use a data extraction robot, or any other similar data collection or extraction tool, to retrieve (in one or more times), to reuse a substantial portion of any LABRUYERE Service, without our express and written agreement. You also must not create and/or publish your own databases that contain substantial parts (ex: our prices and product lists) of a LABRUYERE Service without our express written consent.
ARTICLE 4 : TRADEMARKS
The graphics, logos, page headers, buttons, scripts and service names included or returned available through a LABRUYERE Service are trademarks or visuals of LABRUYERE. The trademarks and visuals of LABRUYERE can not be used for products or services that do not belong to LABRUYERE, or in any way that could cause confusion among customers, or in any way that disparages or discredits LABRUYERE. All other trademarks that do not belong to LABRUYERE and appear on any LABRUYERE Service are the property of their respective owners, who may or may not be affiliated, linked or sponsored by LABRUYERE.
ARTICLE 5: LICENSE AND ACCESS
You may not frame or utilize framing techniques to insert any trademark, logo or other commercial information (including images, text, layouts or shapes). You should not use any meta tags or any other "hidden text" using LABRUYERE name or trademarks without our express permission and written.
ARTICLE 6: YOUR ACCOUNT
If you use any LABRUYERE Service, you are responsible for maintaining the confidentiality of your account and password, restrictions on access to your computer and other devices, and to the extent permitted by applicable law, you accept to be responsible for all activities that have been conducted from your account or password. You must take all necessary steps to ensure that your password remains confidential and secure and should inform us immediately if you have reason to believe that someone else knows your password, or if the password is used or may be used in an unauthorized manner. You are responsible for the validity and completeness of the information you have provided to us, and must inform us of any changes to this information. You can accede to your information and change them, as well as your account settings in the rubric "My account" of the website.
You must not use any LABRUYERE Service: (i) in a manner that would cause, or be likely to cause, interruption, damage, or alteration of a LABRUYERE Service, or (ii) fraudulently , or in connection with an unlawful crime or activity, or (iii) for the purpose of causing disturbances, nuisances or causes of anxiety.
ARTICLE 7: COMMENTS, CRITICISMS, COMMUNICATIONS AND OTHER CONTENT
Visitors can send criticisms, comments or other content by contacting LABRUYERE customer service; submit questions or other information as long as the content is not unlawful, obscene, abusive, threatening, defamatory, slanderous, infringing intellectual property rights, or prejudicial to others or objectionable and does not consist of or contain no computer viruses, political activism, commercial solicitations, e-mail channels, mass mailing or any other form of "spam". You must not use a false e-mail address, impersonate a person or entity, or lie about the origin of a credit card or content. We reserve the right (but not the obligation without the use of a valid Notification Form), to remove or modify any content. If you believe a content or a sales ad on any LABRUYERE Service contains a message defamatory, or your intellectual property rights have been infringed by an article or information on the website, thank you to notify us by contacting LABRUYERE Customer Service by telephone (+33 6 59 87 46 00) or by e-mail (email@example.com), and we will respond as soon as possible.
If you publish content or any other material, and unless we indicate otherwise, you grant: (a) to LABRUYERE, free of charge, the right, transferable and sublicable, to use, reproduce, modify, adapt, publish, translate, create a derivative work, distribute, display this content throughout the world and in any type of media; and (b) LABRUYERE, its sublicensees and assigns the right to use the name used with this content, if they wish. No moral rights are assigned under this clause.
You agree that the above rights are transferred irrevocable for the entire period of protection by the law of intellectual property associated with this content or material.
You represent and warrant that you own or have the necessary rights to the content you post; that, on the date of transmission of the content or material: (i) the content and material is accurate, (ii) the use of the content and materials you have provided does not comply with any of the procedures or guidelines of LABRUYERE and will not affect any natural or legal person (including that the content or material is not defamatory). You agree to indemnify LABRUYERE in the event of action by a third party against LABRUYERE in connection with the content or the material that you have provided, except in the event that the possible liability of LABRUYERE could be sought for not having withdrawn a content whose illicit nature has been notified to it, since this action would have for cause, foundation or origin the content you have communicated to us.
ARTICLE 8: CLAIMS OF INTELLECTUAL PROPERTY
LABRUYERE respects the intellectual property of others. If you think that your intellectual property has been used in a way that can be born a fear of violation of those rights, thank you to notify us by writing directly at (firstname.lastname@example.org).
ARTICLE 9: THE RESPONSIBILITY OF LABRUYERE
We will do our best to ensure the availability of LABRUYERE Services and that transmissions will be error-free. However, due to the nature of the internet, this can not be guaranteed. In addition, your access to LABRUYERE Services may occasionally be suspended or limited to allow repairs, maintenance, or add a new feature or service. We will endeavor to limit the frequency and duration of such suspensions or limitations.
In the context of its relations with professionals, LABRUYERE is not responsible for (i) losses that have not been caused by fault on our part, or (ii) business losses (including losses from profit, benefice, contracts, expected savings, data, customer information or unnecessary expenses), or (iii) any indirect or consequential losses that were not foreseeable by you and us when you started using the LABRUYERE Service.
We will not be held responsible for delays or your inability to meet your obligations under these conditions if the delay or impossibility results from a cause beyond our reasonable control. This condition does not affect your legal right to see the products sent and services provided within a reasonable time or to receive a refund if the products or services ordered can not be issued within a reasonable time due to a cause beyond our reasonable control.
The laws of some countries do not allow some of the limitations listed above. If these laws apply to you, some or all of these limitations do not apply to you, and you may have additional rights.
Nothing in these Terms is intended to limit or exclude our liability for fraud, death or personal injury caused by our negligence or gross negligence.
ARTICLE 10: APPLICABLE RIGHT
ARTICLE 12: WAIVER
ARTICLE 13: MINORS
We do not sell products to minors. If you are under 18, you will use LABRUYERE Service under the supervision of a parent or guardian.
ARTICLE 14: OUR CONTACT INFORMATION
The website www.labruyere.paris belongs to the company LABRUYERE.Paris, and its maintenance is carried out by the Golden Market company.
LABRUYERE .Paris :
4 bis rue Alexandre Dumas, 78100 Saint Germain en Laye - FRANCE
Share capital: 24 000 EUROS Registered in France
License number: 842 789 091
Intra-Community VAT number FR11 842 789 091