General terms and conditions of sale
Article 1. Purpose and acceptance of the GTC
The present General Terms and Conditions of Sale (hereafter "GTC") constitute a contract governing the conditions of distance selling of the products offered by BRUTALE BRODERIE through the website www.brutalebroderie.com.
This contract is concluded between the company BRUTALE BRODERIE, registration number : 533 256 764 RM35, whose registered office is located at 24 avenue Pierre Donzelot, which operates the website www.brutalebroderie.com, (hereinafter "BRUTALE BRODERIE") and you, in your capacity as a consumer (hereinafter "You" or "the Customer").
You must read and accept these General Terms and Conditions of Sale prior to each order by ticking the box provided for this purpose "I have read and accept the General Terms and Conditions of Sale of BRUTALE BRODERIE and I undertake to pay for my order".
BRUTALE BRODERIE reserves the right to adapt or modify at any time the present General Terms and Conditions of Sale in order to comply with legislative and regulatory changes applicable to distance selling contracts or in the event of changes in its ready-to-wear clothing sales activity.
The GTC thus modified will only be applicable to purchases made after this modification.
The applicable version of the GTC is always the one appearing on the Site at the time of the pre-order or order.
Article 2. Registration on the site
In order to place an order, you have the choice to create or not a customer account on the BRUTALE BRODERIE website which will gather and keep your information for future orders.
The present GTC apply in their entirety whatever the choice you make.
By placing an order, in any way whatsoever, the Customer declares to be of legal age and to have the legal capacity necessary to contract.
Article 3. Products
In application of article L.111-1 of the Consumer Code, BRUTALE BRODERIE makes available to you, prior to the conclusion of the sales contract, the products offered for sale and their essential characteristics.
The products offered for order by BRUTALE BRODERIE are only offered for sale within the limit of 8 copies per design.
In accordance with European legislation, the fibre composition of the garments offered for sale by BRUTALE BRODERIE is available for each product and displayed on the Site.
Article 4. Order
The placing of an order is subject to compliance with the procedure set up by BRUTALE BRODERIE, which includes successive stages leading to its validation (selection of items, viewing your basket, choice and terms of delivery, validation and confirmation of your order, payment).
Before proceeding to this validation, you must read and accept without reserve the present Terms and Conditions of Sale by ticking the box "I have read and accept the General Terms and Conditions of Sale of BRUTALE BRODERIE and I undertake to pay for my order".
In accordance with article L.221-13 of the Consumer Code, you will then receive by electronic means, which you accept, a summary confirmation of your pre-order.
Invoices are available on your customer account and are, in any case, given upon delivery.
Article 5. Prices and payment terms
The prices indicated on the www.brutalebroderie.com website are expressed in euros, including VAT (all taxes included).
VAT is applied at the rate in force in metropolitan France at the time of the order.
Prices are exclusive of delivery costs, which are added during the ordering process.
For deliveries outside the European Union and in the French Overseas Departments and Territories, if customs duties, import taxes or applicable local taxes are payable, these costs are payable by the Customer and are his sole responsibility.
BRUTALE BRODERIE reserves the right to change the price of its products without this change affecting an order already placed.
The payment of purchases is made either via PAYPAL or via the secure platform of our payment service provider STRIPE.
Products are payable with the order, cash (STRIPE, PAYPAL) according to the online payment system chosen by the Customer.
BRUTALE BRODERIE reserves the right to suspend or cancel any order in the event that your credit card payment authorisation is refused or in the event of non-payment.
BRUTALE BRODERIE also reserves the right to refuse or cancel an order from a Customer with whom a dispute relating to payment is in progress or has taken place on the occasion of a previous order or in the event of objective suspicion of fraud.
Means of payment accepted: Visa, Mastercard, American Express, Paypal.
Article 6. Delivery
Article 6.1. Terms and conditions of delivery
Deliveries are carried out by COLISSIMO.
They are made to the delivery address indicated by the Customer, which must correspond to his home address, the address of any other natural person of his choice or his business address.
Delivery may not be made to hotels or post office boxes.
The Customer must ensure that he provides BRUTALE BRODERIE with accurate and complete information relating to the delivery address.
In the event of an error in the wording of the details of the recipient of the parcel, BRUTALE BRODERIE cannot be held responsible for the impossibility of making this delivery.
In the event of the absence or impossibility of delivery of the parcel, COLISSIMO will leave a delivery notice indicating the address of the post office where you can collect it on presentation of proof of identity, and the date on which it will be available there.
Article 6.2. Delivery times
BRUTALE BRODERIE makes your exclusive embroidered design at the time of ordering, there is no stock. The embroidery is made at the end of your order within a maximum of 10 days, to which are added the shipping time (between 2 and 10 days depending on the destination).
You will be informed of the manufacturing stages and the progress of your order.
Article 6.3. Receipt of products and transfer of risks
In application of articles L.216-3 et seq. of the Consumer Code, any risk of loss or damage to the goods is transferred to the Customer at the moment when the latter, or a third party designated by him, and other than the carrier proposed by BRUTALE BRODERIE, takes physical possession of these goods.
Delivery is deemed to be made as soon as the carrier hands over the product to the Customer, as evidenced by the control system used by the carrier.
Upon receipt of the products upon delivery, you are invited to check the apparent condition of the packaging and the product and to report any damage to the carrier on the delivery note and to BRUTALE BRODERIE, by email with a photograph of any damage, as soon as possible.
As an exception, the risk is transferred to the Customer when handing over the product to the carrier when he entrusts the delivery of the goods to a carrier other than the one proposed by BRUTALE BRODERIE.
Article 7. Right of withdrawal
In application of article L.221-18 of the French Consumer Code, you have a period of fourteen (14) days from the day following receipt of your BRUTALE BRODERIE item to exercise your right of retraction, without having to give reasons or justify your decision.
You may exercise this right by sending an e-mail to the following address: pauline@brutalebroderie.com within the above-mentioned time limits. The return is the responsibility of the Customer from metropolitan France and abroad.
The product must be returned in its original packaging, in its original condition, new, unworn, unwashed. A product that has already been used cannot be exchanged or refunded.
BRUTALE BRODERIE will reimburse you the total amount of your order, on the day the order to which your retraction relates will have been received by us, using the same means of payment to make this reimbursement as the one used for the payment of the order.
At the end of the withdrawal period, the sale is firm and final.
Any right of retraction cannot be exercised concerning the supply of any product made and/or personalised according to specifications unilaterally or directly requested or demanded by the Customer.
No refund is applicable for customizations.
Article 8. Returns, exchange and refund
You have a period of 14 days after receipt of your order to return your parts to us for cash on delivery or to make an exchange.
You must make your return request by sending an email to the following address: pauline@brutalebroderie.com.
You will then have a further 14 days to send your piece back to the address: BRUTALE BRODERIE
Pauline MALINGRËY
24 avenue Pierre Donzelot
35700 Rennes
FRANCE
Returns are at the Customer's expense from metropolitan France and abroad, except in the case of a product that does not conform to your order, in which case we will take charge of the return at our expense.
The product must be returned in its original packaging or any other suitable packaging, in its original condition, new, unworn, unwashed, in order to be exchanged or refunded.
The exchange will be possible within the limits of the available reasons.
Failing this, we will refund the totality of your order.
The refund will be made within 7 days of receipt of your return.
The exchanged product will be sent to you within 15 days.
Article 9. Statutory guarantees and limitations of liability
All products on sale on the www.brutalebroderie.com website benefit from the legal guarantee of conformity provided for and defined by articles L.217-4 and following of the Consumer Code and the guarantee against hidden defects provided for and defined in articles 1641 and following of the Civil Code.
Article 9.1. Legal guarantee of conformity
Under the terms of Article L.217-4 of the Consumer Code :
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery, and shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation when the latter has been placed under its responsibility by the contract or has been carried out under its responsibility".
Under the terms of Article L.217-5 of the same code, "the goods comply with the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model - if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising and labelling
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted "As part of the legal guarantee of conformity, the Customer is informed that in application of articles L.217-7 and following of the same Code :
- The action resulting from the lack of conformity is time-barred after two years from delivery of the goods; - Defects of conformity which appear within 24 months from delivery are presumed to exist at the time of delivery, unless proven otherwise. This presumption may be rebutted by the seller if it is not compatible with the nature of the goods or the lack of conformity invoked;
- In the event of a lack of conformity, he may choose between repair or replacement of the goods subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code and the conditions provided for in Article L.217-10 of the same code;
- However, the sale may not be cancelled if the lack of conformity is minor;
- The implementation of the legal guarantee of conformity is free of charge.
Article 9.2. Warranty against hidden defects
According to article 1641 of the Civil Code :
"The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them".
Within the framework of the guarantee against hidden defects, the Customer is informed that in application of articles 1642 and following of the same code :
- The action resulting from hidden defects is time-barred after two years from the discovery of the defect;
- BRUTALE BRODERIE is not liable for apparent defects of which the buyer has been able to convince himself;
- BRUTALE BRODERIE is liable for hidden defects of which it could legitimately have been aware at the time of the sale;
- After evaluation of the defect, the Customer has the choice to return the item and get the price back, or to keep the item and get part of the price back.
Products modified, repaired, integrated or added by the Customer or due to improper use by the Customer are excluded from the guarantee against hidden defects.
Article 9.3 Implementation
For any request concerning the legal guarantees, you can contact the BRUTALE BRODERIE customer service department
- By email at pauline@brutalebroderie.com
- By post to Brutale Broderie - Pauline Malingrey - 24 avenue Pierre Donzelot 35700 Rennes - France
Article 9.4. Limitations
It is reminded that in application of article L.221-15 of the Consumer Code, BRUTALE BRODERIE can exonerate itself from all or part of its responsibility by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, or to the fact, unforeseeable and insurmountable, of a third party to the contract, or to a case of force majeure.
Article 10. Miscellaneous provisions
These GTC came into force on 9 March 2020.
In the event that one or more provisions of these GTC are deemed to be unwritten or declared null and void, they shall remain applicable in all their other provisions provided that the general scheme of the contract is not disrupted.
Article 11. Dispute settlement and applicable law
These GTC are governed by French law. Any dispute relating to these GCS will be submitted to the French jurisdiction materially and territorially competent.
In application of articles L.612-1 and following of the Consumer Code, provided that you have previously sent a written complaint to BRUTALE BRODERIE, you have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between you and BRUTALE BRODERIE. You can send this prior complaint by post to the address Brutale Broderie - Pauline Malingrey - 24 avenue Pierre Donzelot 35700 Rennes or by email to pauline@brutalebroderie.com.
If you do not make a prior written complaint to BRUTALE BRODERIE, but also if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if you have submitted your request to the mediator within a period of more than one year from the date of your written complaint to BRUTALE BRODERIE, or if the dispute does not fall within the mediator's field of competence, it cannot be examined.
You will then be informed by the mediator, within three weeks of receipt of your file, of the rejection of your request for mediation.
In accordance with Article 14.1 of the EU Regulation n°524/2013 of the European Parliament and of the Council of 21 May 2013, you can also access the European Union's Online Dispute Resolution (ODR) platform at the following address : https://ec.europa.eu/consumers/odr/mai/index.cfm?event=main.home2.show&lng=FR
General Terms and Conditions of Use of the site www.brutalebroderie.com
Article 1. Subject
The present General Terms and Conditions of Use (hereinafter the "GTCU") define the terms and conditions of access, navigation and use of the website www.brutalebroderie.com (hereinafter the "Site"). They are concluded between any Internet user (hereinafter "the User" or "you") and the Site, published by BRUTALE BRODERIE (hereinafter "BRUTALE BRODERIE"). The term "use" covers all the operations carried out by the User as soon as he accesses the Site, including its simple consultation, whatever the access device, the type and the place of connection.
Article 2. Acceptance and updating of the GTCU
By browsing the Site, you are deemed to have read the GTCU and accept them without reservation. BRUTALE BRODERIE reserves the right to modify, update or develop these Terms and Conditions at any time in order to adapt them to legislative and regulatory changes or to update the functionalities of the Site. Any modification will be the subject of information on the Site. The applicable conditions are those in force on the Site at the time of its use.
Article 3. Services offered by the website www.brutalebroderie.com
The Site notably allows the User to discover the activity of the company BRUTALE BRODERIE and to make purchases according to the terms and conditions provided for in the General Terms and Conditions of Sale of the Site.
Article 4. Navigation, guarantee and accessibility to the service.
You may access any page of the Site free of charge. You have the choice to create or not a customer account in order to make your purchases, track their delivery, manage your returns and claims. The creation of this account is in no way necessary to access and navigate on the Site. BRUTALE BRODERIE endeavours to maintain access to the Site and its proper functioning at all times. For maintenance and updating purposes, access to the Site may be temporarily suspended without notice. BRUTALE BRODERIE cannot be held responsible in case of interruption of access due to these operations. BRUTALE BRODERIE cannot be held responsible for any difficulties or impossibilities of access to the Site due to external circumstances, in particular disturbances linked to telecommunication networks or our hosting providers.
Article 5. Obligations of the user
You undertake not to use or allow the abusive, illicit, fraudulent or malicious use of the Site. In particular, the following are prohibited: - Any behaviour likely to interrupt, suspend, slow down, prevent access to the Site or impose a disproportionate burden on our infrastructures; - Any intrusion or attempted intrusion into our systems (hacking, introduction of malicious code, illegal extraction and collection of data, including personal data of Site users, breach of security and authentication measures, etc.); - The extraction and/or use of information contained on the Site for commercial purposes or in excess of normal private use.
Article 6. Intellectual property rights - Trademark law
The Site as a whole as well as the elements that make it up, in particular its structure, design, interfaces, databases, texts, digital content, trademarks, images, videos, music, all graphic elements that make it up, are the exclusive property of BRUTALE BRODERIE.
This content is protected by the provisions of the Intellectual Property Code and by the European and international regulations in force applicable to intellectual property.
Any reproduction, representation or distribution of all or part of the Site or of one of its elements, in whole or in part, in any form whatsoever, without the express and prior authorisation of BRUTALE BRODERIE, is liable to constitute an infringement, an offence provided for and punishable in particular by articles L. 335-2 and following of the Intellectual Property Code.
It is however possible to reproduce or broadcast a short extract for private and non-commercial use.
"BRUTALE BRODERIE" is a trademark registered with the National Institute of Intellectual Property under the number 4429125, giving it the protection provided for in articles L.713-1 and following of the Intellectual Property Code. In application of article L.716-1 of the same code, any infringement of the rights of BRUTALE BRODERIE, owner of the word trademark BRUTALE BRODERIE, will constitute an infringement for which the author will be held liable.
Article 7. Customised orders BRUTALE BRODERIE
Customised orders collect the User's wishes and opinions on the qualities and characteristics expected or desired of an embroidered design.
The contribution to the choice of the motif, its shape or its colours does not give the User any right to acknowledge it.
Article 8. Responsibility
The consultation and use of the Site is made under your entire responsibility.
BRUTALE BRODERIE cannot therefore be held liable for any damage that may result from your access to the Site and the use that you make of it.
The Site may host hypertext links to third party websites.
By clicking on these links, you acknowledge that BRUTALE BRODERIE cannot guarantee their content and you agree to access them at your own risk.
BRUTALE BRODERIE cannot therefore be held responsible for any damage, direct or indirect, resulting from the access and/or use of the contents, data or information accessible from these hypertext links.
You acknowledge and accept that the Internet network may involve risks during the transmission of data due to the absence of protection against misappropriation, bugs, anomalies, failures, viruses.
BRUTALE BRODERIE cannot be held responsible for any malfunction, loss or alteration of data, damage caused to the User's computer or any damage resulting from fraudulent acts of third parties.
In particular, the User may not claim any intellectual property rights to the final design. With the User's agreement, the User allows BRUTALE BRODERIE to offer for sale 7 other designs identical in design and colour on the Site to the one ordered as part of a personalised order.
Article 9. Miscellaneous provisions
These GTCU came into force on 10 September 2020.
In the event that one or more stipulations of these GTCU are deemed to be unwritten or declared null and void, they shall remain applicable in all their other provisions provided that the general scheme of the contract is not disrupted.
Article 10. Settlement of disputes and applicable law
These GTCU are governed by French law.
Any dispute relating to the present GTCU shall be submitted to the materially and territorially competent French jurisdiction.
In application of articles L.612-1 and following of the Consumer Code, provided that you have previously sent a written complaint to BRUTALE BRODERIE, you have the right to have recourse free of charge to a consumer mediator with a view to the amicable resolution of a dispute between you and BRUTALE BRODERIE.
You can send this preliminary complaint by mail to BRUTALE BRODERIE / Pauline Malingrey 24 avenue Pierre Donzelot 35700 Rennes or by email to pauline@brutalebroderie.com.
In the absence of a prior written complaint to BRUTALE BRODERIE , but also if the request is manifestly unfounded or abusive, if the dispute has been previously examined or is being examined by another mediator or by a court, if you have submitted your request to the mediator within a period of more than one year from the date of your written complaint to BRUTALE BRODERIE , or if the dispute does not fall within the competence of the mediator, it cannot be examined.