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 expected to have read the legal notices of the site which are an integral part of the General sales conditions.
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.
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 enables the link between the Seller and the Customer. Consequently, failure to provide the information requested would mean abandoning the creation of an account, and would 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.
- 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.
The home delivery of products to the Customer is ensured in metropolitan France, Germany, Austria, Belgium, Canada, Denmark, Estonia, the United States, Hungary, Ireland, Italy, Latvia, Lithuania, Luxemburg, the Netherlands, Poland, the Czech Republic, the United Kingdom, Slovakia, Slovenia, Sweden and Switzerland.
For all other destinations, the Customer is invited to contact Maison Brémond 1830 at the following address firstname.lastname@example.org so that we can offer a personalized quote.
Home delivery is carried out by registered Colissimo with signature. The delivery date may vary according to the shipper's conditions. Deliveries are made from Monday to Saturday, to the address communicated by the Customer when they placed the order. The package is handed over against signature. In case of absence please contact the LA POSTE service to communicate your instructions.
Shipping costs are borne by the Customer, and are communicated to the Customer before any order confirmation in step 3: Payment. For an order exceeding 70 Euro, shipping costs will be free of charge in metropolitan France.
When delivery is received, the Customer must check that the physical condition of the package delivered is correct, and examine its contents, in the presence of the carrier.
The delivery date corresponds to the date and time that the package was first handed over or the first effective presentation at the delivery address indicated by the Customer in the order form or the availability in the collection point shop.
Transfer of risk becomes effective on delivery, at the time of the remittance of the products to the delivery address provided by the Customer or at the time of collection of the package from the shop or la Poste.
Proof of identity or any other documentary proof necessary may be demanded on the delivery or the collection of the package.
At the time of delivery, the Customer or any third party to whom they have authorized to receive the goods will formalize their acceptance by signing the delivery receipt which will be presented to them and on which any remarks deemed necessary can be noted.
Signing by the Customer or any person authorized by them for this purpose of said delivery note confirms the safe arrival of the order, its contents and the number of associated packages indicated on the delivery slip and the good condition of the packages.
Any irregularity observed will be subject to handwritten reserves be mentioned without fail on the carrier's delivery slip in the form of "handwritten reserves". The reserves must be clear and detailed, dated and signed by the Customer to avoid all dispute. No claims can be registered of no reserves have been formulated at the time of delivery. The Customer must inform Maison Brémond 1830 within two working days of any incidents encountered and of the steps they have taken.
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.
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.
Pursuant to Article L.221-23 of the French Consumer Code, the cost of returning the products will be borne by the Customer except in the case where the products delivered do not comply with the order (in this case, the cost of returning the goods 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.
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.
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.
14. Entire Agreement
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.
15. Applicate law and dispure resolution
These online sales conditions are subject to French law. In the absence of amicable settlement, disputes relating to orders placed on the Site fall within the exclusive jurisdiction of the French courts, notwithstanding multiple defendants or warranty claims. In addition, in accordance with Article L.616-2 of the Consumer Code, Maison Brémond 1830 informs the Customer of the existence of an online dispute resolution platform set up by the European Commission. The purpose of this platform is to collect possible complaints from European consumers about online purchases and then forward the cases received to the competent national ombudsmen. This link is available here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show