Terms and Conditions of Sale
ARTICLE 1 - Scope of Application
These General Terms and Conditions of Sale (hereinafter "GTC") apply without restriction or reservation to all sales concluded by the Seller with non-professional buyers ("the Clients" or "the Client") wishing to purchase products offered for sale ("the Products") by the Seller on the website https://electrobrosse.com. The Products offered for sale on the website are as follows:
Cordless electric massager
The main characteristics of the Products, including specifications, illustrations, and indications of dimensions or capacity, are presented on the website https://electrobrosse.com, and the Client is obliged to review them before placing an order.
The choice and purchase of a Product are the sole responsibility of the Client.
Product offers are valid as long as they are visible on the website, within the limits of available stock, as specified at the time of placing the order.
These GTC are accessible at any time on the website https://electrobrosse.com and shall prevail over any other document.
The Client declares to have read and accepted these GTC by checking the box provided for this purpose before proceeding with the online ordering process on the website https://electrobrosse.com.
Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.
The Seller's contact details are as follows:
LABRU Clarisse
47 Rue Vivienne 75002 PARIS
Registration number: 106345770
Email: contact@electrobrosse.com
The Products presented on the website https://electrobrosse.com are offered for sale for the following territories:
Belgium
Luxembourg
France
In the case of an order to a country other than metropolitan France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French Overseas Departments and Territories (DOM-TOM), the price will be automatically calculated ex-tax on the invoice.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne by and are the sole responsibility of the Client.
ARTICLE 2 - Price
The Products are supplied at the current prices listed on the website https://electrobrosse.com, at the time the order is registered by the Seller.
Prices are expressed in Euros, excluding and including taxes.
The prices take into account any discounts that may be granted by the Seller on the website https://electrobrosse.com.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right, outside this period, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are charged in addition, under the conditions indicated on the website and calculated prior to placing the order.
The payment requested from the Client corresponds to the total amount of the purchase, including these costs.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 3 - Orders
It is up to the Client to select the Products they wish to order on the website https://electrobrosse.com, according to the following procedure:
Example: The Client chooses a Product which they add to their basket, a Product which they can delete or modify before validating their order and accepting these general terms and conditions of sale. They will then enter their contact details or log in to their account and choose the delivery method. After validating the information, the order will be considered final and will require payment from the client according to the terms provided.
Product offers are valid as long as they are visible on the website, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Client's responsibility to verify the accuracy of the order and to immediately report any errors.
Any order placed on the website https://electrobrosse.com constitutes the formation of a distance contract between the Client and the Seller.
The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.
The Client can track the progress of their order on the website.
ARTICLE 3 Bis - Customer Area - Account
To place an order, the Client is invited to create an account (personal space).
To do so, they must register by filling out the form provided at the time of their order and undertake to provide sincere and accurate information concerning their civil status and contact details, in particular their email address.
The Client is responsible for updating the information provided. They are informed that they can modify it by logging into their account.
To access their personal space and order history, the Client must identify themselves using their username and password, which will be provided to them after registration and are strictly personal. As such, the Client is prohibited from disclosing them. Otherwise, they will remain solely responsible for any use made of them.
The Client may also request to unsubscribe by going to the dedicated page in their personal space or by sending an email to: contact@electrobrosse.com. This will be effective within a reasonable time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website https://electrobrosse.com will have the possibility to suspend or even close a client's account after a formal notice sent electronically and remaining without effect.
Any account deletion, for whatever reason, entails the complete deletion of all the Client's personal information.
Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification for maintenance, does not engage the Seller's liability.
The creation of an account implies acceptance of these general terms and conditions of sale.
ARTICLE 4 - Payment Terms
Payment is made via a secure payment method, according to the following terms:
· payment by bank card
The price is payable in full by the Client on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website https://electrobrosse.com.
Payments made by the Client will only be considered final after the Seller has actually received the amounts due.
The Seller shall not be obliged to deliver the Products ordered by the Client if the Client does not pay the price in full under the conditions indicated above.
ARTICLE 5 - Deliveries
The Products ordered by the Client will be delivered in metropolitan France.
Deliveries are made within 6 to 12 days to the address indicated by the Client when placing their order on the website.
Delivery is constituted by the transfer of physical possession or control of the Product to the Client. Except in specific cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.
The Seller undertakes to make its best efforts to deliver the products ordered by the Client within the deadlines specified above.
If the ordered Products have not been delivered within 6 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be cancelled at the Client's written request under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be reimbursed no later than fourteen days following the date of cancellation of the contract, excluding any compensation or retention.
In the event of a specific request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the associated costs will be subject to specific additional invoicing, based on a quote previously accepted in writing by the Client.
The Client is obliged to check the condition of the delivered products. They have a period of 3 days from delivery to make complaints by email, accompanied by all relevant supporting documents (photos in particular). After this period and if these formalities have not been respected, the Products will be deemed compliant and free from any apparent defect and no claim can be validly accepted by the Seller.
The Seller will reimburse or replace as soon as possible and at its expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 et seq. of the Consumer Code and those provided in these GTC.
The transfer of risks of loss and deterioration related thereto will only take place when the Client takes physical possession of the Products. The Products therefore travel at the Seller's risk, unless the Client has chosen the carrier themselves. In this regard, risks are transferred at the time the goods are handed over to the carrier.
ARTICLE 6 - Transfer of Ownership
The transfer of ownership of the Products from the Seller to the Client shall only take place after full payment of the price by the latter, regardless of the delivery date of said Products.
ARTICLE 7 - Right of Withdrawal
According to the terms of Article L221-18 of the Consumer Code: "For contracts providing for the regular delivery of goods over a defined period, the period runs from the receipt of the first good."
The right of withdrawal can be exercised online, using the withdrawal form attached hereto and also available on the website, or by any other unambiguous declaration expressing the wish to withdraw, particularly by postal mail addressed to the Seller at the postal or email addresses indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing them to be remarketed in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted for return.
Return shipping costs remain the responsibility of the Client.
Exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Client under the conditions provided for in this article.
ARTICLE 8 - Seller's Liability - Warranties
The Products supplied by the Seller benefit from:
· the legal guarantee of conformity for defective, damaged or non-conforming Products or those that do not correspond to the order,
· the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
Provisions relating to legal guarantees
Article L217-4 of the Consumer Code
"The seller is obliged to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. They are also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter has been charged to them by the contract or has been carried out under their responsibility."
Article L217-5 of the Consumer Code
"The goods conform to the contract:
1° If they are fit for the purpose ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
- if they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer or by their representative, particularly in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement by the parties or are fit for any special purpose sought by the buyer, brought to the seller's attention and which the latter has accepted."
Article L217-12 of the Consumer Code
"The action resulting from a lack of conformity is time-barred after two years from the delivery of the goods."
Article 1641 of the Civil Code
"The seller is bound by the warranty for hidden defects of the sold item which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given a lesser price for it, had they known of them."
Article 1648, first paragraph, of the Civil Code
"The action resulting from redhibitory vices must be brought by the buyer within two years from the discovery of the vice."
Article L217-16 of the Consumer Code
"When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period runs from the buyer's request for intervention or the provision of the good for repair, if this provision is subsequent to the request for intervention."
In order to assert their rights, the Client must inform the Seller, in writing (email or mail), of the non-conformity of the Products or the existence of hidden defects from their discovery.
The Seller will reimburse, replace or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of supporting documents.
Reimbursements, replacements, or repairs of Products deemed non-compliant or defective will be carried out as soon as possible and at the latest within 6 days following the Seller's finding of the lack of conformity or the hidden defect. This reimbursement may be made by bank transfer or check.
The Seller's liability cannot be engaged in the following cases:
· non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
· in case of misuse, professional use, negligence or lack of maintenance by the Client, as well as in case of normal wear and tear of the Product, accident or force majeure.
· The photographs and graphics presented on the site are not contractual and cannot engage the Seller's responsibility.
The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant or defective Products.
ARTICLE 9 - Personal Data
The Customer is informed that the collection of their personal data is necessary for the sale of Products and their delivery/shipment, entrusted to the Seller. This personal data is collected solely for the performance of the sales contract.
9.1 Collection of Personal Data
The personal data collected on the website https://electrobrosse.com are as follows:
Account Opening
When creating the Customer / user account:
Last names, first names, postal address, phone number, and email address.
Payment
As part of the payment for Products offered on the website https://electrobrosse.com, this site records financial data related to the Customer / user's bank account or credit card.
9.2 Recipients of Personal Data
Personal data is reserved for the sole use of the Seller and its employees.
9.3 Data Controller
The data controller is the Seller, as defined by the French Data Protection Act (Loi Informatique et Libertés) and, as of May 25, 2018, by Regulation 2016/679 on the protection of personal data.
9.4 Processing Limitation
Unless the Customer explicitly agrees, their personal data will not be used for advertising or marketing purposes.
9.5 Data Retention Period
The Seller will retain the data collected for a period of 5 years, covering the statute of limitations for applicable contractual civil liability.
9.6 Security and Confidentiality
The Seller implements organizational, technical, software, and physical security measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Seller cannot guarantee the security of information transmission or storage on the Internet.
9.7 Exercise of Customer and User Rights
In accordance with the regulations applicable to personal data, Customers and users of the https://electrobrosse.com website have the following rights:
· They can update or delete their data as follows:
_______.
· They can delete their account by writing to the email address indicated in Article 9.3 "Data Controller."
· They can exercise their right of access to know the personal data concerning them by writing to the address indicated in Article 9.3 "Data Controller."
· If the personal data held by the Seller is inaccurate, they can request the update of the information by writing to the address indicated in Article 9.3 "Data Controller."
· They can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 "Data Controller."
· They can also request the portability of data held by the Seller to another service provider.
· Finally, they can object to the processing of their data by the Seller.
These rights, provided they do not oppose the purpose of the processing, can be exercised by sending a request by mail or email to the Data Controller whose contact details are provided above.
The data controller must respond within a maximum period of one month.
In the event of a refusal to grant the Customer's request, reasons must be provided.
The Customer is informed that, in case of refusal, they can lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.
The Customer may be asked to check a box indicating their agreement to receive informative and promotional emails from the Seller. They will always have the option to withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.
ARTICLE 10 - Intellectual Property
The content of the website https://electrobrosse.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.
ARTICLE 11 - Applicable Law - Language
These General Terms and Conditions of Sale and the operations arising therefrom are governed by and subject to French law.
These General Terms and Conditions of Sale are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
For any complaint, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these General Terms and Conditions of Sale.
The Customer is informed that they can, in any event, resort to conventional mediation, with existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In this case, the designated mediator is
Email:.
The Customer is also informed that they can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show
All disputes to which the purchase and sale operations concluded under these General Terms and Conditions of Sale have not been amicably settled between the seller or through mediation, will be submitted to the competent courts under the conditions of common law.