CGV

General sales conditions

In force on 03/10/2022

Article 1 - Field of application

These general conditions of sale (called "GTC") apply, without restriction or reserve to all sales concluded by the seller with non -professional buyers ("customers or customers"), wishing to acquire products offered for sale (“products”) by the seller on the site www.brazir.fr. The products offered for sale on the site are as follows:

Brasero plancha, brazier, barbecue, products around the fire.

The main characteristics of the products and in particular the specifications, illustrations and indications of dimensions or capacity of the products, are presented on the site www.brazir.fr which the customer is required to read before ordering.

The choice and purchase of a product are the sole responsibility of the customer.

Product offers are within the limits of available stocks, as specified when placing the order.

 

These CGVs are accessible at any time on the site www.brazir.fr  and will prevail on any other document.

The Customer declares that they have read these GTC and have accepted them by checking the box provided for this purpose before the implementation of the online order procedure of the site www.brazir.fr.

Unless otherwise proof, the data recorded in the seller's computer system constitute proof of all transactions concluded with the customer.

The seller's contact details are as follows:

David Penneteau

Z.A. La Grande Garenne

SIRET: 95115887200014

Email: contact@brazir.fr

Telephone: 06 74 27 76 01 

Intra -community VAT number FR80951158872

 

Article 2 - Price

 

The products are provided at the in force prices appearing on the site www.brazir.fr, when registering the order by the seller.

The prices are expressed in euros, HT and TTC.

The prices take into account any discounts which would be granted by the seller on the site www.brazir.fr.

These prices are firm and not revisable during their period of validity but the seller reserves the right, outside the period of validity, to modify the prices at any time.

 

Prices do not include the processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is established by the seller and awarded to the customer during the delivery of the products ordered.

 

Article 3 - Orders

 

It is up to the customer to select on the site www.brazir.fr  The products he wishes to order, according to the following terms:

The customer chose one or more products on the website. The customer access the basket. The customer decides to create an account or connect to an existing account. The customer choose his billing address. The customer chosen his delivery address or recovery at the deposit located at Z.A. de la Grande Garenne 16590 Brie. The customer chosen his payment method. The customer receives by email the validation of his order.

 

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is up to the customer to check the accuracy of the order and immediately report any error.

Any order placed on the site www.brazir.fr constitutes the training of a contract concluded remotely between the customer and the seller.

The seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The customer will be able to follow the evolution of his order on the site.

 

Article 3 bis - Customer area - Account

In order to order, the customer is invited to create an account (personal space).

To do this, he must register by filling out the form which will be offered to him at the time of his order and undertakes to provide sincere and accurate information concerning his civil status and contact details, in particular his email address.

The customer is responsible for updating the information provided. It is told to him that he can modify them by connecting to his account.

To access their personal space and order history, the customer must identify with their username and password that will be communicated to him after registration and which are strictly personal. As such, the customer prohibits any disclosure. Otherwise, he will remain solely responsible for the use that will be made of it.

The customer can also request his unsubscription by going to the page dedicated to his personal space or sending an email to: thierrypenneteau@orange.fr. This will be effective within a reasonable time.

 

In the event of non -compliance with the general conditions of sale and/or use, the site www.brazir.fr will have the possibility of suspending or even closing the account of a customer after formal notice sent by electronic means and remained without effect .

Any deletion of account, whatever the reason, generates the outright deletion of all personal information from the customer.

Any event due to a case of force majeure resulting in a dysfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the seller's responsibility.

The creation of the account leads to the acceptance of these general conditions of sale.

 

Article 4 - Payment Conditions

 

The price is paid by secure payment, according to the following terms:

• bank card payment
• or payment by bank transfer on the seller's bank account (whose contact details are communicated to the Customer when placing the order)

 

The price is payable cash by the customer, entirely on the day of the order of the order.

 

However, the customer may, when this possibility is indicated on the site www.brazir.fr, pay by conditions and the following schedule:

3 or 4 times at no cost.

 

In this case, in the event of late payment and payment of the sums due by the customer beyond the above deadlines, and after the date of payment appearing on the invoice sent to it, late penalties calculated At the legal rate applicable to the amount including tax of the acquisition price appearing on said invoice, will be acquired automatically and automatically to the seller, without formality no prior notice.

The delay in payment will result in the immediate payment of all the sums due by the customer, without prejudice to any other action that the seller would be entitled, as such, against the customer.

In addition, the seller reserves the right, in the event of non-compliance with the payment conditions appearing above, to suspend or cancel the delivery of current orders made by the Customer.

 

Payment data is exchanged in encrypted mode thanks to the protocol defined by the approved payment provider intervening for banking transactions carried out on the site www.brazir.fr.

 

The payments made by the customer will only be considered final after the seller of the sums due.

The seller will not be required to issue the products ordered by the Customer if the latter does not pay the price in the entire conditions indicated.

 

Article 5 - Deliveries

 

The products ordered by the customer will be delivered in mainland France.

 

Deliveries occur within 7 to 10 days at the address indicated by the Customer when ordering on the Site.

Delivery is made up of the transfer to the customer of physical possession or the control of the product. Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.

The seller undertakes to make his best efforts to deliver the products ordered by the customer within the above time specified.

 

If the products ordered were not delivered within 45 days after the indicative date of delivery, for any other cause than force majeure or the fact of the customer, the sale may be resolved on the written request of the Customer in the Conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the customer will then be returned to him at the latest within fourteen days of the date of denunciation of the contract, excluding any compensation or retained.

 

Deliveries are provided by an independent carrier, to the address mentioned by the Customer when ordering and at which the carrier can easily access.

When the Customer himself took charge of calling on a carrier he chooses himself, delivery is deemed to be made upon handing over the products ordered by the seller to the carrier who accepted them without reservations. The Customer therefore acknowledges that it is up to the carrier that it is up to the delivery and has no warranty recourse against the seller in the event of a defect in delivery of the goods transported.

 

The Seller also offers free delivery in one of its stores accessible via the following link or locations: Brazir Charente Eirl Thierry Penneteau Z.A. La Grande Garenne 16590 Brie

 

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the seller, the costs linked there will be subject to additional additional invoicing, on quote previously accepted by writing by The customer.

The customer is required to check the condition of the products delivered. It has a period of #254 maximum period for ... from delivery to formulate complaints by mail registered letter with acknowledgment of receipt, accompanied by all supporting documents (photos in particular). After this period and failing to have respected these formalities, the products will be deemed to comply with any apparent defect and no complaint may be validly accepted by the seller.

The seller will reimburse or replace as soon as possible and at its expense, the products delivered whose defects of conformity or the apparent or hidden defects will have been duly proven by the customer, under the conditions provided for in articles L 217-4 and following Consumer code and those provided for in these GTC.

 

The transfer of the risks of loss and deterioration relating to it, will not be achieved until the customer physically takes possession of the products. The products therefore travel at the seller's risks and dangers except when the customer himself has chosen the carrier. As such, the risks are transferred at the time of the delivery of the property to the carrier.

 

ARTICLE 6 - Transfer of property

 

The transfer of ownership of the seller's products to the customer will only be made after full payment of the price by the latter, regardless of the date of delivery of said products.

 

Article 7 - Right of withdrawal

 

Given the nature of the products sold, orders placed by the customer do not benefit from the right of withdrawal.

The contract is therefore permanently concluded as soon as the order is placed by the Customer according to the terms specified in these GTC.

 

ARTICLE 8 - Seller responsibility - Guarantees

 

The products provided by the seller benefit:

• of the legal guarantee of conformity, for defective, damaged or damaged products or not corresponding to the order,
• of the legal warranty against hidden defects from a lack of material, design or manufacturing affecting the products delivered and making them unfit for use,

 

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

“The seller is required to deliver a good in accordance with the contract and responds to existing compliance defects during issuance. He also responds to compliance defects resulting from packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility. »»

Article L217-5 of the Consumer Code

"The property is in accordance with the contract:

1 ° If it is specific to the usually expected use of a similar property and, if applicable:

- if he corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer may legitimately wait for public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2 ° or if it presents the characteristics defined by mutual agreement by the parties or is specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted. »»

Article L217-12 of the Consumer Code

“The action resulting from the lack of conformity is prescribed by two years from the issuance of the property. »»

Article 1641 of the Civil Code.

"The seller is held from the guarantee due to the hidden defects of the thing sold which make it unfit for the use to which it is destined, or which decreases this use so much, that the buyer would not have acquired it, or n 'would have given a lower price, if he had known them. »»

Article 1648 paragraph 1 of the Civil Code

“The action resulting from crumbling 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 price of the commercial guarantee which was granted to him when the acquisition or repair of a furniture property, a repair covered by the guarantee, any period of immobilization, any period of immobilization At least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's intervention request or the provision for compensation for the property in question, if this provision is after the intervention request. »»

In order to assert their rights, the customer must inform the seller, in writing (email or mail), of the non-compliance of the products or the existence of hidden defects from their discovery.

The seller will reimburse, replace or have repaired products or parts under warranty deemed non -compliant or defective.

The shipping costs will be reimbursed on the basis of the price billed and the return costs will be reimbursed upon presentation of the supporting documents.

Refunds, replacements or repairs of the products deemed to be non -compliant or defective will be made as soon as possible and at the latest within 45 days of the observation by the seller of the lack of conformity or the hidden defect. This reimbursement may be made by transfer or bank check.

The seller's responsibility cannot be engaged in the following cases:

• non -compliance with the legislation of the country in which the products are delivered, which it is up to the customer to check,
• In case of improper use, from use for professional purposes, negligence or lack of maintenance on the part of the customer, as in the case of normal 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 assigned products of a defect.

 

Article 9 - Personal data

 

The customer is informed that the collection of his personal data is necessary for the sale of products by the seller as well as to their transmission to third parties for the delivery of the products. These personal data is collected only for the execution of the sales contract.

 

9.1 Collection of personal data

 

The personal data which is collected on the site www.brazir.fr are as follows:

 

Account opening

When creating the customer / user account: 

Names, first names, postal address, telephone number and email address.

 

Payment

As part of the payment of the products offered on the www.brazir.fr site, the latter records financial data relating to the bank account or the credit / user credit card.

 

9.2 Recipients of personal data

Personal data is used by the seller and his co-contractors for the execution of the contract and to ensure the effectiveness of the sales and product delivery service.

The category (s) of co-contractor (s) is (are):

• Transport service providers
• Payment establishments providers
• Partners of Eirl Thierry Penneteau - Brazir

 

9.3 Treatment manager

The data controller is the seller, within the meaning of the Data Protection Act and from May 25, 2018 of the Regulation 2016/679 on the protection of personal data.

 

9.4 Limitation of treatment

Unless the customer expresses his express agreement, his personal data is not used for advertising or marketing purposes.

 

9.5 Data retention period

The seller will keep the data thus collected for a period of 5 years, covering the time of prescription of applicable contractual liability.

 

9.6 Security and confidentiality

The seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, 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 the transmission or storage of information on the Internet.

 

9.7 Implementation of customers and users' rights

In application of the regulations applicable to personal data, customers and users of the site www.brazir.fr have the following rights:

• They can update or delete the data that concerns them as follows:

It is possible to delete your personal data by contacting thierrypenteau@orange.fr.

• They can delete their account by writing to the email address indicated in article 9.3 "Treatment manager"
• They can exercise their right of access to find out personal data concerning them by writing to the address indicated in article 9.3 "Treatment manager"
• If the personal data held by the seller is inaccurate, they may request the update of information of the information by writing to the address indicated in article 9.3 "Manager of processing"
• They may request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 "Manager of processing"
• They can also request the portability of the data held by the seller to another service provider
• Finally, they can oppose the processing of their data by the seller

These rights, as soon as they do not oppose the purpose of treatment, can be exercised by sending a request by mail or e-mail to the controller whose contact details are indicated above.

The controller must provide an answer within one month.

In the event of refusal to grant the customer's request, the latter must be motivated.

The customer is informed that in the event of refusal, he can take a complaint with the CNIL (3 place de Fontenoy, 75007 Paris) or seize a judicial authority.

The customer may be invited to check a box for which he agrees to receive informative and advertising emails from the seller. He will always have the possibility of withdrawing his agreement at any time by contacting the seller (contact details above) or by following the unsubscribe link.

 

Article 10 - Intellectual property

 

The content of the site www.brazir.fr is the property of the seller and his partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.

 

Article 11 - Applicable law - Language

 

These CGVs and the operations resulting from it are governed and subject to French law.

These GTCs are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.

 

Article 12 - Disputes

 

For any complaint please contact customer service at the postal or email of the seller indicated in article 1 of these GTC.

The Customer is informed that he can in any event use conventional mediation, from existing sectoral mediation bodies or to any alternative mode of dispute settlement (conciliation, for example) in the event of dispute. 

In this case, the designated mediator is

Catherine Lauruol

59 rue du Port Thureau, 16000 Angoulême

The customer is also informed that he can also use the online dispute settlement platform (RLL): https: //webgate.ec.europa.eu/odr/main/index.cfm? Event = hand.home .show

All the disputes to which the purchase and sale operations concluded in application of these GTC and which have not been the subject of an amicable settlement between the seller or by mediation, will be submitted to the competent courts under the conditions of law common.