These General Conditions of Sale are applicable in the event of the sale of products by a professional seller to a consumer. The sale is defined by article 1582 of the Civil Code as an agreement by which one undertakes to deliver a thing, and the other to pay for it.
These General Conditions incorporate the provisions of Ordinance No. 2016-301 of March 14, 2016 relating to the legislative part of the Consumer Code.
As a reminder, the aforementioned ordinance means by consumer, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
It means by Professional, any natural or legal person, public or private, who acts for purposes falling within the scope of his commercial, industrial, craft, liberal or agricultural activity, including when he acts in the name or on behalf of another professional.
The non-professional, meanwhile, is defined as any legal person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
ARTICLE 1 – DEFINITIONS
A non-professional buyer who buys Products from the Seller. Non-professional Buyer means on the one hand the consumer, namely, any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity and on the other hand, the non-professional, namely any legal person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
Sales professional who offers Customers Products for sale. In the context of these general conditions of sale, the Seller designates the company BRANDIS, registered with the RCS of EVRY under the number 821 262 847 and domiciled at 5 Avenue Lavoisier – 91320 WISSOUS.
Document used by the Customer to proceed with the purchase of Products. It specifies in particular the quantities of Products purchased, the Price and any discounts, the penalties applicable in the event of late payment, the terms of delivery of the Products, the date or the delivery times of the Products.
The Seller has 24 hours to accept the Order and return a copy to the Customer.
All the Products offered for sale by the Seller appearing in the Seller's catalogs.
These catalogs describe the Products, present their characteristics and determine the corresponding prices. These Products comply with the regulations in force in France and have performances compatible with the uses of Customers.
ARTICLE 2 – PRE-CONTRACTUAL INFORMATION COMMUNICATED TO THE CUSTOMER
The Customer acknowledges having had communication, prior to any purchase of a Product, in a legible manner and information relating to:
comprehensible, of these General Conditions of Sale and of all legal information, in particular information relating to:
- The essential characteristics of the Products,
- The price of the Products and related costs,
- The date or deadline by which the Seller undertakes to deliver the Product,
- Information relating to the identity of the Seller, his postal, telephone and electronic contact details, and his activities, if they are not apparent from the context,
- The Seller's corporate name, the geographical address of its establishment and, if different, that of the registered office, its telephone number and its e-mail address,
- The methods of payment, delivery and execution of the Products, as well as the methods provided by the Seller for the processing of complaints,
- Information relating to legal and contractual guarantees and their methods of implementation,
- The possibility of resorting to conventional mediation in the event of a dispute under the conditions provided for by the Consumer Code.
ARTICLE 3 – PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the conditions under which the Seller
provides the Products to the Customer. They apply, without restriction or reservation, to all purchases of Products made by the Customer.
The provisions of Article L 212-1 of the Consumer Code are recalled, which stipulates: "In contracts concluded between professionals and consumers, clauses are unfair if their purpose or effect is to create, to the detriment of the consumer, a significant imbalance between the rights and obligations of the parties to the contract.
The unfairness of a clause is assessed by referring, at the time of the conclusion of the contract, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed with regard to those contained in another contract when the two contracts are legally linked in their conclusion or their execution.
The assessment of the unfairness of the clauses within the meaning of the first paragraph does not relate either to the definition of the main object of the contract, or to the adequacy of the price or the remuneration for the goods sold or the service offered insofar as the clauses be written in a clear and understandable manner. »
From their acceptance by the Customer, the General Conditions apply to all the Products purchased by the Customer, to the exclusion of any other document.
Consequently, these General Conditions replace and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements between the Seller and the Customer.
The Customer declares to have accepted these General Conditions in their entirety before any purchase of
Product. It is recalled article L.114-1 of the Consumer Code according to which:
“The general conditions invoked by one party only have effect with regard to the other if they have been brought to the knowledge of the latter and if it has accepted them.
In case of discrepancy between the general conditions invoked by one and the other of the parties, the incompatible clauses are without effect. These General Conditions of Sale have a duration of 10 years (TEN YEARS) from their acceptance by the Customer.
They may be subject to subsequent modifications, in particular to take account of legislative and regulatory changes, the version applicable to the purchase of Products by the Customer being that in force on the date of acceptance of the Order by the Seller in the conditions listed below.
ARTICLE 4 – PROCESS FOR PURCHASING PRODUCTS VIA ORDERS
The Customer purchases the Products by issuing Orders.
These orders are issued through the website: Hortence.fr
They will be sent by the Customer to the Seller as the Customer needs them. The sales contract will only be considered final after acceptance of the Order by the Seller and return of a copy of the Order to the Customer and after receipt by the Seller of the full price of the Products.
The General Conditions of Sale and the Orders form an indivisible whole.
In any case, the General Conditions of Sale cannot constitute an order or place the Customer under an obligation to order Products.
ARTICLE 5 – PRICE OF PRODUCTS
The Seller undertakes to comply with all applicable regulations with regard to consumers and commercial practices.
The prices are expressed on the product sheets in Euros and including tax, and in the purchase tunnel and the invoice in Euros, excluding and including tax.
These prices are firm and not subject to revision during their period of validity, as indicated in the Product catalogue.
The Customer may benefit from discounts and rebates appearing in the aforementioned Product catalog depending on the number of Products purchased.
ARTICLE 6 – CONDITIONS OF PAYMENT FOR PRODUCTS
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made by means of a credit card or via a Paypal account.
The payment cards accepted are: CB, VISA and MASTERCARD via the Click and Pay system via Le Crédit du Nord.
The Seller will not be required to deliver the products ordered by the Customer if the price has not been paid to him in full beforehand.
No discount will be applied by the Seller for payment before shipment of the ordered products. In the event of non-payment by the Customer of all or part of the price of the Order, the Seller reserves, until full payment, a right of ownership over the products sold, allowing it to regain possession of the said products.
ARTICLE 7 – DELIVERY OF PRODUCTS
The Seller undertakes that the Products delivered comply in all respects with the Order, with the rules of the trade, with legal and regulatory obligations and with the French and European standards in force.
In addition, the Seller is liable for any lack of conformity existing when the Product is delivered. 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.
The packaging, loading and wedging for the transport of the Products as well as the unloading at the place of delivery, other than that defined by the Seller, will be carried out by the Customer at his expense and under his responsibility.
The Seller 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 or has been carried out under his responsibility.
The Seller will deliver the Products to the Customer according to the terms defined in the corresponding Orders and on the date or within the time limit indicated in the said Orders. 4 (FOUR) delivery methods are available, according to the following prices:
- Mondial Relay
- Chrono Relay
- Colissimo 48 – 72H
In the event of non-compliance of the Products with the rules of the art or with the Order, the Customer may ask the Seller, by e-mail, to proceed with a new delivery of the Products in accordance with the provisions appearing in the Order within a reasonable time. The transfer of ownership of the Products to the Customer will take place upon full payment of the price by the Customer and the transfer of the risks of loss and deterioration will take place upon delivery of the Products.
ARTICLE 8 – LEGAL GUARANTEES ON PRODUCTS
The Customer acknowledges having been informed, even before the issuance of any Order and declares to be fully aware of the legal guarantees, from which he benefits by right and without additional payment on the Products, namely:
- The legal guarantee of conformity provided for by the Consumer Code for Products which appear to be defective, damaged or damaged or which do not correspond to the Order and which makes it possible to obtain, within two years of the delivery of the Product, free of charge, the repair or replacement of the Product.
- The legal guarantee against hidden defects provided for by the Civil Code, resulting from a defect in material, design or manufacture affecting the Product delivered and rendering it unfit for use, under which the Customer may request, in a period of two years from the discovery of the defect, the total or partial reimbursement of the Product which has proved unsuitable for its use.
In order to assert his rights, the Customer must inform the Seller, in writing, of the non-conformity of the Products within the time limits referred to above and return the defective Products in the state in which they were received with all elements, including accessories, packaging, and instructions. The Seller will reimburse, replace or have repaired the Products or parts under warranty deemed non-compliant or defective.
In the event of delivery, the shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.
Reimbursements for Products deemed non-compliant or defective will be made as soon as possible following the Seller's finding of the lack of conformity or the hidden defect.
The Seller's liability cannot be engaged in the event of misuse of the Product, use not in accordance with the instructions for use communicated by the Seller where applicable, use for professional purposes, negligence or lack of maintenance of the part of the Customer, as in the event of normal wear and tear of the Product or failure in the event of an accident. The Seller's warranty is, in any event, limited to the replacement or reimbursement of non-compliant Products or Products affected by a defect.
Any request relating to the Products must be made to the address given in Article 15 (Election of domicile).
ARTICLE 9 – CUSTOMIZABLE PRODUCTS
The Seller provides the Customer with a service of customizable Products.
Through this service, the Customer has the possibility of personalizing the Product of his choice with the motif or text of his choice.
The Customer sends the Seller a personal motif and/or text, and assures the Seller that the motif and/or the text are free from infringement of the rights of third parties, in particular intellectual property rights, whatever they may be, as well as as personality rights or name rights.
In the event that the Customer transmits to the Seller a pattern and/or a text infringing the rights of third parties, whatever they may be, the responsibility will rest entirely with the Customer.
The customer will exempt the Seller from any claim and from any right invoked because of infringement of the rights of third parties.
In the event that legal or extra-judicial action is taken against the Seller due to the infringement of the rights of third parties through a Customizable Product ordered by a Customer, the Customer shall guarantee the Seller in full of any condemnation which could intervene against him in this sense.
It is expressly agreed that customizable Products cannot be subject to the right of withdrawal provided for in Article 13 of these general conditions of sale.
Thus, article L.121-21-8 of the Consumer Code provides: “The right of withdrawal cannot be exercised for contracts (…) for the supply of goods made to the consumer’s specifications or clearly personalized”.
ARTICLE 10 – INTELLECTUAL PROPERTY AND INFRINGEMENT WARRANTY
The Seller obtains all intellectual property rights and all necessary authorizations relating to the Products and the associated documentation and guarantees that the Products and the associated documentation do not constitute an infringement of the intellectual property rights or any other rights belonging to a third party. .
The sale of the Products does not confer any right on the Customer to the trademarks or distinctive signs affixed by the Seller to the Products and the associated documentation.
In addition, the Seller remains the owner of all intellectual property rights, in particular, to the photographs, presentations, studies, drawings, models, prototypes produced in the context of the supply of the Products.
Consequently, the Customer is prohibited from any reproduction or exploitation in particular of the said photographs, presentations, studies, drawings, models and prototypes, without the express, written and prior authorization of the Seller.
ARTICLE 11 – ASSURANCE
The Seller declares that it holds an insurance policy guaranteeing the pecuniary consequences of the involvement of its tort or contractual liability likely to be incurred in the context of the sale of the Products.
ARTICLE 12 – COMPLIANCE WITH GENERAL DATA PROTECTION REGULATIONS
In accordance with the new legislation in force and in particular with the General Data Protection Regulations, the Seller undertakes to protect the privacy of Customers using its website and to ensure the security and confidentiality of its Customers' personal data, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or that unauthorized third parties have access to it.
The Seller acts as responsible for the processing of personal data and the free movement of such data. Customers' personal data may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, are involved in the processing of data.
All the information collected is only used in the context of the Customer's commercial relationship with the Seller and is never shared with third parties or resold.
Customers' personal data is collected for the following purposes:
- Management and processing of Orders (order, delivery, invoicing, order tracking, return and refund, etc.)
- Customer relationship management
- Strengthening and improving the communication of the Seller's Website by sending, in particular, newsletters and special offers according to the Customer's preferences noted on the Site
- Improving and personalizing the services and offers offered to the Customer
In accordance with the GDPR, the Customer has a right of access, rectification and opposition to personal data concerning him under the conditions provided for by the law and the regulations in force.
To exercise one or more of the aforementioned rights, the Customer must send a request by mail to the Seller's Customer Service.
Each request must be accompanied by a photocopy of an identity document bearing the Customer's signature and specifying the reply address.
The Customer accepts that the Seller sends him information relating to the Products and commercial offers by email or sms subject to prior acceptance.
The Customer has the option at any time to oppose these commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link appearing in each email, by replying STOP by SMS or by making a request to Customer Service. .
When consulting the Site, information relating to the navigation of the terminal may be recorded in “Cookies” files.
The Seller issues these cookies to facilitate the Customer's navigation on the Site.
They can also be issued by the Seller's partners in order to personalize the advertising offer sent outside the Site.
These cookies are only installed after acceptance by the Customer, continuing to browse the website constitutes acceptance.
The Customer may oppose the use of these cookies by configuring his browser or by modifying the authorizations given via the cookie management link present at the bottom of the page of each of the Seller's sites, knowing that access to certain services may require the prior acceptance of cookies.
The Customer accepts that the Order placed entitles the Seller to send him information relating to the Products and commercial offers by email, sms or third-party communication service, for a period of two years from the date of his last order.
At the end of this period, the contact details will no longer be kept. The Customer has at any time the right to object free of charge to his email address or telephone number being used for commercial prospecting purposes, at any time and on simple request, by sending a letter email to firstname.lastname@example.org
ARTICLE 13 – RIGHT OF WITHDRAWAL
The Customer has a period of 14 (FOURTEEN) days to exercise his right of withdrawal and request a return for the Product(s) he has ordered.
The withdrawal period runs from the date of delivery of the Products to the delivery address indicated by the Customer, and in the absence of the latter, from the date of first presentation of the package containing the Products.
The Customer then has a period of 16 (SIXTEEN) days to return his package, by post, by carrier or at a Collection Point to the following address indicated in article 15 of these general conditions of sale.
The following products are neither exchangeable nor refundable: customizable products.
Returns are free in Metropolitan France for the Customer, provided that the Seller is returned the delivery note issued by the latter's Customer Service.
1. LOG IN TO YOUR CUSTOMER AREA.
2. CONSULT THE “MY ORDERS” SECTION. CLICK “CREATE A RETURN” FOR THE CONCERNED ORDER.
3. SELECT THE PRODUCT(S) YOU WISH TO RETURN AND THE REASON(S) FOR THE RETURN. CLICK ON “GENERATE A RETURN”.
4. CONFIRMATION OF YOUR RETURN REQUEST WILL BE SENT TO YOU BY EMAIL WITHIN 48 HOURS. YOU CAN THEN PRINT AND COMPLETE THE RETURN SLIP FROM YOUR RETURN HISTORY.
5. RETURN ITEMS THAT DO NOT SUIT YOU
The product(s) must be returned in their original packaging, in perfect condition for resale and accompanied by the invoice.
In the event of deterioration of the packaging or the product, the Seller may refuse the return, replacement or refund.
Any refund is excluded in the event that the product was returned damaged, already worn, or already washed.
As recalled in article 9 of these general conditions of sale, customizable Products are expressly excluded from the right of withdrawal, under article L.121-21-8 of the Consumer Code.
ARTICLE 14 – APPLICABLE LAW
The contractual relations between the Customer and the Seller are governed by French law.
Any difficulty arising from the execution, interpretation or termination of these General Conditions of Sale and the Orders arising therefrom, or more generally from the commercial relationship between the Seller and the Customer, not resolved amicably, will be submitted to the competent courts under the conditions of common law.
The Customer is informed that he has the option of resorting to conventional mediation, in particular under the aegis of the Consumer Mediation Evaluation and Control Commission, under the conditions provided for in the Consumer Code.
ARTICLE 15 – ELECTION OF DOMICILE
For the purposes hereof, the Seller elects domicile at the following address: BRANDIS Company
12 with Baltic
ARTICLE 16 – CONTRACTUAL DOCUMENTS
The contractual relations between the Client and the Company are governed by the following documents, classified in the following ascending hierarchical order:
- The General Conditions of Sale and their possible annexes (including the Order model)
- The orders
Under the provisions of article 1119 of the Civil Code: “In the event of a discrepancy between general conditions and special conditions, the latter prevail over the former”.