Sales conditions updated : 24-05-2018
These general sales conditions govern all relationships between:
- MAISON BRÉMOND 1830, a simplified single-member shareholder company, registered with the RCS of Aix en Provence under the number 502 734 668, and having its headquarters at 16 Ter Rue d’Italie 13100 AIX-EN-PROVENCE (hereinafter referred to as the « Seller »),
- the private individual ordering one or more products on the www. mb-1830.com website (hereinafter referred to as the « Customer»).
Maison Brémond 1830 invites its customers to download and print the general sales conditions by clicking here: General Sales Conditions.
The www.mb-1830.com website (hereinafter referred to as "the Site") is an electronic sales area which offers a service for placing distance orders and for the preparation of the products delivered by the Seller.
The General Sales Conditions aim to describe the terms for the distance selling of goods and services between the Seller and the Customer to be delivered to metropolitan France (hereinafter referred to as the « Territory »), with no minimum purchase. They express all the obligations and rights of the Parties.
Any order placed by the Customer themselves for this is carried out by themselves for themselves, for their personal and non-professional needs.
The contract resulting from the effective order by the Customer falls within the regulations governing distance selling, as resulting from existing legal and regulatory provisions in France, as well as the provisions listed hereafter.
3. Acceptance of General Sales Conditions
The customer ordering on the Site certifies that they are a non-trading, adult private individual acting for their own personal needs.
The customer declares to have had knowledge of the General sales conditions prior to ordering the products shown on the Site and declares that they explicitly accept the terms when they validate and pay for their order after having clicked on « I have read and approved the general sales conditions and the associated legal notices ».
The Customer is also required to read the personal data policy and the general terms and conditions of the website, which form an integral part of these General Terms and Conditions of Sale.
4. Modification of the general sales conditions
The Seller is free to adapt/modify at any time the general sales conditions, the Customer is therefore invited to consult the website regularly.
The general sales conditions applicable on each order are those existing on the day the order is placed.
Presentation of the products
The Seller presents on its Site the products and services and their detailed descriptions which enable the Customer to know, before the final placing of the order, their essential characteristics.
Illustrations and photographs of the products
The Customer is informed that the descriptions, Product sheets, prints, advertising descriptions and photographs are not contractually binding and are a presentation of the Products for information purposes only.
The offers of the products presented on the Site are valid subject to stock availability. A product which is momentarily unavailable is indicated as such.
Adding a product to the shopping cart does not constitute the validation of the order, it is therefore possible that all or part of the quantity of a product placed in the shopping cart is no longer available at the time of validating the order. In this case the Customer is directly informed of this and prior to payment of their order.
The Seller to make every effort to ensure the availability of the whole range of products offered.
The Seller is free to make special offers; the Customer is informed that all promotional advantages are limited to one use per order.
In the case of products becoming unavailable, Maison Brémond 1830 shall immediately inform the Customer and will offer either to replace one or several products in the order, or for the order to be cancelled and the Customer refunded forr one or several products in the order, or for the order to be cancelled and the Customer be refunded for the missing product. No products shall be replaced without the Customer's explicit consent.
6. Prices and means of payment
The prices of the products presented on the site are shown in Euros tax inclusive. They are applicable on validation of the order by the Customer and do not include shipping costs, which are invoiced in addition, and shown before the final validation of the order.
The product price is the price shown on the Site on the date of the order. Prices are subject to French VAT and any changes in the legal VAT rate will affect the prices of the products and services presented on the Site, on the date stated by the implementing decree to which they refer.
The shipping costs, which are added to the total amount of the order, are shown on the order summary, according to the delivery terms.
The amount of the order that the Customer has validated when proceeding with payment is the final price – tax inclusive and including the amount of shipping costs – and the maximum amount that can be debited.
The Seller reserves the right to modify his prices at any time, without notice, it being understood, however, that the price shown on the Site on the day of the order will be the only price applicable to the Customer.
The following means of payment may be used:
- Banker's card: we accept the following cards: Visa, MasterCard, and American Express. A banker's card must be issued in France by a bank domiciled in metropolitan France (including Corsica and Monaco), Canada, United States or in the European Union.
All the information streams relative to payment are operated in a secure context, particularly in the case of payment by banker's card which uses SSL protocol. The information communicated at the time of placing the order (card number and valid date) are not stored on the Seller's servers.
For increased safety, the Customer will communicate this information for each new order.
Communication by the Customer's of their banker's card number authorizes Maison Brémond to debit their account for the amount of the order. Maison Brémond 1830 shall only recover the amount at the end of order preparation, for the exact amount of products effectively delivered to the Customer.
The products ordered are the property of Maison Brémond 1830 up to the total payment of the order. In the event of incomplete payment, or payment not in proper form or not duly executed or any culpable conduct by the Customer, Maison Brémond 1830 reserves the right to block shipping of the products ordered. Maison Brémond 1830 shall inform the Customer by electronic means and shall request that they rectify the situation.
An invoice is drawn up for the shipping of each order and is only available in digital format via the order confirmation email.
For their first order the Customer has to indicate their email address as an identifier and choose a password. This password must be composed of at least six characters and have a certain level of safety to be retained. A check of the uniqueness and the electronic address is then carried out by the system.
In the event where the Customer loses their password, they can click on the "forgot your password?" section and enter their electronic address. The Customer will receive a link on their email address which will enable them to change their password.
The password is strictly confidential and it will be requested from the Customer each time they connect to the Site. The Customer is solely responsible for its use.
My account area
In order to place an order, the Customer must enter some information in their area, and in particular:
- Their surname and first name,
- Their address,
- Their telephone number.
- Their e-mail adress.
The Customer wishing to use the Site explicitly agrees not to use false information or third-party information and to provide true and honest information. The Customer also agrees to inform the Seller of any changes concerning them.
A summary of the information provided is presented to the Customer via an email.
This information is necessary for the management of orders by Maison Brémond 1830 and allows the link between the Seller and the Customer. Consequently, the failure to provide the requested information is equivalent to renouncing to provide the information necessary for the execution of the order, which will prevent the Customer from proceeding with an order.
In the event where the Customer's account has remained inactive for 2 years, Maison Brémond 1830 reserves the right to deactivate the Customer's account, in its own right, without prior notice or indemnities.
The Customer who wishes to deactivate their account may request this by email to the following address: email@example.com. Maison Brémond 1830 will make every possible effort to deactivate the account in a timely manner. Customer data is deleted in accordance with the terms of the personal data policy.
- Step 1: Filling the shopping cart
The Customer chooses the products they wish to purchase and adds them to their shopping cart by clicking on « ADD TO CART ».
Once the products have been selected, they can click on a promotional code.
At this stage, the amount of the shopping cart does not include the shipping costs and shipping terms which depend on the shipping method chosen in Step 2.
To proceed to the next step, the Customer must click on « PROCEED WITH ORDER ».
- Step 2: Choice of method of delivery
Home delivery is the only method possible via the Site.
- Step 3: Payment
Once the delivery method has been validated, the Customer is directed to a page summarizing their invoice information, the contents of the order, the delivery method and the amount of the order.
The Customer must also enter the payment details and choose between payment by banker's car or PayPal. The Customer is then invited to tick « I have read and accept the general sales conditions and the legal notices associated with them».
If the Customer decides to pay by banker's card, they must select their banker's card to be directed to a secure access and enter their bank data under the intended conditions.
To confirm the order the Customer must click on « PAYMENT ». From this moment they are considered to have knowingly accepted the contents and conditions of the order in question and specifically these general sales conditions.
- Step 4: Order confirmation
When the relative payment centres have validated the transaction, a page confirms the Customer's order, and a summary email is sent to the Customer.
In the event where, for any reason whatsoever, an order is not accepted, Maison Brémond 1830 will inform the Customer by any means.
Order modification and follow up
From the order confirmation email, the Customer can follow the progress of their order in their area, by clicking on « My account », and « Orders ».
When the delivery method has been validated by the Customer, and the order confirmed, the Customer can no longer modify the delivery method, for technical and logistic reasons.
Maison Brémond 1830 reserves the right to limit the Customer's order for a same product to a certain quantity for stock management reasons.
General information :
Products ordered by the Customer in accordance with these general terms and conditions of sales (GTCS) will be delivered to the address indicated by the Customer during the ordering process ("delivery address").
In the event of a delay in shipment, an email will be sent to the Customer to inform him of any possible consequences on the delivery time that has been indicated.
In accordance with legal provisions, in the event of late delivery or, no later than thirty days after the conclusion of Contract, the Customer has the right to cancel his order under the conditions and procedures defined by the Article L216-2 of the French Consumer Code.
In the event that the Customer receives his order after cancellation, he may return it, complete and in its original condition and will be refunded, including the costs of the initial delivery and those of return, upon receipt of the package by Maison Brémond 1830. An order will be regarded as sold out when the Customer will have fully paid for the products and his contribution to the shipping costs, and all the products will have been delivered.
Maison Brémond 1830 delivers to the following countries :
- Czech Republic
- DOM-TOM (Reunion, Guadeloupe, Martinique, Guyana, St Barthelemy, St Martin, Mayotte, New Caledonia)
- Hong Kong
- Metropolitan France
- Portugal (All except( 90, 91, 92, 92, 93, 94, 94, 95, 96, 97, 98, 99))
- South Korea
- Spain (All except( 07, 51, 52, 38, 35))
- The Netherlands
- United States of America
For any other destination, the Client is invited to contact Maison Brémond 1830 at the following address firstname.lastname@example.org so that a personalized offer can be proposed to him/her.
Maison Brémond 1830 commits to prepare the order within 24 working hours following the electronic receipt of the order by the Client.
Each order is carefully prepared by the Maison Brémond 1830 order pickers, who ensure that orders are prepared as quickly as possible.
Shipping method :
Two different shipping methods are proposed :
- Chronopost Classic :
Delivery times depend on the place of delivery. For Metropolitan France, this time is estimated at 24 working hours after loading the order. For international shipments, this period is between 2 and 5 working days (excluding customs clearance time). When the order is made on the Internet the Customer will receive an automatic email announcing the shipment of the order.
The recipient can track his parcel through the parcel number he receives by e-mail or, through Customer Service.
All orders require a signature upon receipt. In the event of the Customer's absence, Chronopost will contact the Customer via his e-mail address or telephone number in order to agree on a second visit.
- Chronopost Relay Pickup :
The package is delivered to the shopkeeper of the Customer's choice from the list proposed when the order is closed.
As soon as the package has arrived in the relay point, the Customer receives an email from Chronopost. The package will be delivered by the relay point with signature and upon presentation of an identity document. The Customer has 14 calendar days to withdraw it.
Contribution to the shipping and processing costs :
No additional charges are applied by Maison Brémond 1830.
Delivery costs are at the Customer's charge, and are notified to the Customer before any order confirmation in step 3: Payment. For an order amount higher than 70 euros, shipping costs will be offered in metropolitan France.
Shipping costs are automatically calculated the shipping costs are fixed at a single rate based on the following prices:
In Metropolitan France and Monaco :
Other zones :
1 : Austria, Belgium, Bulgaria, Czech Republic, Denmark, Estonia, Germany, Ireland, Italy, Latvia, Luxembourg, Netherlands, Poland, Portugal (All except( 90, 91, 92, 92, 93, 94, 94, 95, 96, 97, 98, 99)), Slovakia, Slovenia, Spain (All except( 07, 51, 52, 38, 35)), Sweden.
2 : Albania, Andorra, Armenia, Azores Islands, Canary Islands, Finland, Iceland, Madeira Islands, Russia, Switzerland, Turkey.
3 :Australia, Brazil, Canada, Hong-Kong, Israel, Madagascar, Romania, Singapore, South Korea, Taiwan, United States.
4 : French overseas departments and territories (Reunion, Guadeloupe, Martinique, Guyana, St Barthelemy, St Martin, Mayotte, New Caledonia)
Corse : 35.00€
Receipt of the order :
The Customer, or the recipient of the Order, is invited to check the apparent condition of the package and products upon delivery.
In the event of an anomaly relating to the package (damaged package, opened package, trace of liquid...) or to the ordered product(s) (missing product(s), damaged product(s)), the Customer or the recipient of the Order must follow the procedures described below.
Any anomaly noticed must be the subject of handwritten reserves made on the carrier's delivery note. The reserves must be clear and detailed, dated and signed by the Client to avoid any dispute. No claims can be registered without reserves made during delivery. The Client must inform Maison Brémond 1830 within two working days of the incidents encountered and the measures he has taken.
The delivery date corresponds to the date and time of delivery or first actual presentation to the delivery address indicated by the Customer in the order form or the availability at the pick-up store.
The transfer of risks occurs upon delivery, during the delivery of the products to the delivery address provided by the Customer or at the time of collection of the parcels in store or at the Post Office.
An identity document or any other necessary proof may be required when the package is delivered or collected.
At the time of delivery, the Customer or any third-party to whom he has given authority to receive the goods will formalize his acceptance by signing the delivery receipt presented to him and on which any observations that may be made.
The signature by the Customer or any person authorized by him for this purpose of the said delivery note confirms the good receipt of the order, its contents and the number of associated packages indicated on the delivery note as well as the good condition of the packages.
9. Right of withdrawal
Article L. 221-18 of the French Consumer Code states that the consumer has a period of fourteen (14) days in which to exercise their right to withdrawal from the contract concluded at a distance without giving any reason.
The Customer must notify the Seller of their decision to withdraw by sending, before the expiry of the above-mentioned date, the standard withdrawal form, available here, or a clearly worded statement, expressing their wish to withdraw.
This form should be sent to Maison Brémond 1830 by e-mail to the following e-mail address: email@example.com or by post to 16 Ter rue d'Italie - 13100 Aix-en-Provence.
Returns and Refunds
Refunds will be made by the same means of payment as that used by the Customer for the initial transaction, unless otherwise specified by the Customer. The refund will be made, in a timely fashion and no later than 14 days from the effective exercising of the withdrawal right by the Customer.
This period may however be extended by Maison Brémond up to the reception by Maison Brémond 1830 of the goods returned by the Customer to the shop or to the address indicated on the return voucher, or up to the reception by Maison Brémond 1830 of a proof of shipping of the goods by the Customer. In the case where the period of fourteen (14) days expires on a Saturday, a Sunday or a public holiday, it is extended up to the next working day.
In accordance with article L.221-23 of the Consumer Code, the Customer has fourteen (14) days from the communication of his decision to withdraw to return the products to Maison Brémond 1830. The cost of returning the products will be borne by the Customer except in the case of a lack of conformity of the pro-ducts delivered in relation to the order (in this case, the cost of return will be borne by Maison Brémond 1830. The Customer's may be held liable in the case where the product is depreciated due to handling other than that which is necessary to establish the type, characteristics and proper functioning of the product.
Maison Brémond 1830 informs the Customer that, pursuant to Article L.221-28 of the French Consumer Code, the Customer is not entitled, for products ordered which, due to their type, cannot be returned or are likely to deteriorate or expire rapidly, to a right to withdrawal. This specifically concerns:
- Fresh products,
- Products whose packaging has been opened,
Maison Brémond 1830 guarantees to the Customer that the Products are manufactured and packaged according to strict quality rules, and stored in compliance with existing standards in France.
Maison Brémond 1830 can in no way guarantee the quality of its Products if the Customer has not respected the optimal storage conditions, or if they have used the products beyond the Best Before date shown on the packaging.
a) Legal guarantees
In accordance with article L.111-1 of the French Consumer Code, the User has the possibility of finding out on the Site the essential characteristics of the Products he/she orders in the description sheets associated with each Product. The photos of the Products are not contractual.
In accordance with article L.217-4 of the French Consumer Code, Maison Brémond 1830 is obliged to deliver a good in conformity with the Contract and is responsible for any defects in conformity at the time of delivery. The Customer has a period of two (2) years from receipt of the Product to exercise the action for lack of conformity.
The conformity of a product is defined in article L.217-5 of the French Consumer Code: "The good is in conformity with the contract:
1° If it is fit for the use usually expected of similar goods and, where applicable :
- if it corresponds to the description given by the seller and has the qualities that the seller 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 or 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 accepted by the latter.
In the event of a product delivered that does not conform, in particular following a logistical error, Maison Brémond 1830 will bear the cost of returning the product. The Customer will have the choice between repairing or replacing the Product, unless either option causes a manifestly disproportionate cost for Mai-son Brémond 1830, which will then choose the appropriate method of return, in accordance with Article L.217-9 of the French Consumer Code.
2. Hidden defects
The seller guarantees the item sold for any hidden defects, i.e. defects which render the item unfit for its intended purpose or which so limit the use for which it is intended that if the buyer had been aware of the defect, he would not have contracted. The action in guarantee of hidden defects is prescribed by two years from the discovery of the defect. *See also the articles reproduced in Annex 2
Maison Brémond 1830 may in no event be held responsible for:
- The fraudulent use of the login identifiers of the Site by the Customer;
- The interruption of the Site;
- Force majeure under article 1218 of the French Civil Code preventing it from fulfilling the obligations contained in these General sales conditions;
12. Intellectual Property
The "MAISON BRÉMOND 1830" brands and all the trading brands, whether representational or not, and all the other brands, trade names, service marks, illustrations, pictures, logos, drawings and models whether registered or not, royalties and patents (hereinafter “Intellectual Property Elements”), which appear on the products, in the catalogues, the online store, or on all accessories or packaging, whether registered or not, are and remain the exclusive property of Maison Brémond 1830 or its partners and affiliates.
The (complete or partial) reproduction, modification or use of the Intellectual Property Elements, for whatever purpose or and on whatever medium, is strictly prohibited without the prior written explicit consent of Maison Brémond 1830. This prohibition also applies to all combinations or uses associated with another brand, symbol, logo or, more generally speaking, any distinctive sign designed to make up a logo.
13. Personal data
Maison Brémond 1830 has implemented a strict policy regarding the personal data of its Customers. This policy and the commitments of Maison Brémond 1830 are available in the legal notices.
In the event where one of the clauses in these general conditions was to be declared null and void by a Court decision, such invalidity shall not entail the nullity of all other clauses, which continue to produce their effect.
The names, titles and subtitles of the articles of these general terms and conditions of sale are given for convenience only and cannot be used to interpret their content.
15. Applicate law and dispure resolution
These online sales conditions are subject to French law.
The present online sales conditions are subject to French law.
In the event of a dispute relating to the validity, interpretation and execution of these terms and conditions, the Parties undertake to seek an amicable solution in good faith before initiating any legal action.
If the Parties fail to reach an amicable solution, each Party may decide to resort to a conciliation procedure by calling upon a conciliator. The role of the conci-liator is, outside of any legal proceedings, to help settle disputes.
Furthermore, any consumer has the right to have recourse free of charge to a consumer mediator in accordance with Article L612-1 of the French Consumer Code:
http://www.economie.gouv.fr/mediation-conso and http://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32013L0011&from=FR
The mediator's task is to bring the parties together and help them to find a solution to their dispute themselves, unlike the conciliator who can deal with the case without the two parties being present.
To access the dispute resolution platform provided by the European Commission, see also the following link
If no conciliation or mediation is successful, or if the Customer does not wish to go through one or other of these alternative dispute resolution procedures, the matter must be brought to the attention of the competent court, it being specified that the French courts will have jurisdiction.
Pursuant to Article R. 631-3 of the French Consumer Code, the Customer who is a consumer may choose to bring the matter before
- one of the territorially competent courts under the Code of Civil Procedure (court of the defendant's domicile or registered office, court of the place of actual delivery of the goods or of the place of performance of the service)
- or the court of the place where he resided at the time of the conclusion of the contract or the occurrence of the harmful event.
ANNEX 1 - WITHDRAWAL FORM
I hereby notify my withdrawal from the contract for the sale of the goods below:
Ordered on: ........................................ Received on: ................................................... Order number: ............................
Name of consumer(s): ......................................................................................................
Address of the consumer(s):........................................................................................................................
.Signature of the consumer(s) (only if this form is notified on paper):
Article L217- 4 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. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.
Article L217- 5 Consumer Code
The good is in conformity 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 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 or 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 atten-tion of the seller and accepted by the latter. Article L217- 5 Consumer Code The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L217-16 Consumer Code
When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for intervention or from the time the item in question is made available for repair, if this is after the request for intervention.
Article 1641 Civil Code
The seller is bound by the guarantee for hidden defects in the thing sold which make 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 only have given a lesser price, if he had known about them.
Article 1648 al. 1 Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.
Download the General Terms and Conditions of Sale.
*With the exception of the Canary Islands and the Balearic Islands
**With the exception of Madeira and Azores