Terms of sale
These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions”) apply to any purchase made by a natural person (hereinafter the “CUSTOMER”) on the website https://www.lartisanbrossier.com (hereinafter the “WEBSITE”) from Vikim Diffusion, SAS registered with the Trade and Companies Register under number 324017748 and under intra-community VAT number: FR57324017748, whose registered office is located at 15 rue Pierre et Marie Curie, 22190 Plérin France Tel: 02 96 60 78 04, email: cs@lartisanbrossier.com (hereinafter the “SELLER”).
The SELLER is registered under Extended Producer Responsibility (EPR) for household packaging and graphic papers with ADEME under the unique identification number FR328549_01XVTO.
IMPORTANT
Any order placed on the Website necessarily implies the CUSTOMER’s unconditional acceptance of these General Terms and Conditions
ARTICLE 1. DEFINITIONS
The terms used below have the following meaning in these General Terms and Conditions:
- “CUSTOMER”: means the SELLER’s contracting party, who guarantees that they qualify as a consumer as defined by French law and case law. In this respect, it is expressly provided that the CUSTOMER acts outside any usual or commercial activity.
- “DELIVERY”: means the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when placing the order.
- “PRODUCTS”: means all products available on the WEBSITE.
- “TERRITORY”: means the World.
ARTICLE 2. PURPOSE
These General Terms and Conditions govern the sale of the PRODUCTS by the SELLER to its CUSTOMERS.
The CUSTOMER is clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals must contact the SELLER’s sales department in order to benefit from different contractual terms.
ARTICLE 3. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The CUSTOMER undertakes to carefully read and accept these General Terms and Conditions before making payment for an order of PRODUCTS placed on the WEBSITE.
These General Terms and Conditions are referenced at the bottom of each page of the WEBSITE by means of a link and must be consulted before placing an order. The CUSTOMER is invited to carefully read, download, print the General Terms and Conditions and keep a copy.
The SELLER recommends that the CUSTOMER read the General Terms and Conditions for each new order, with the latest version of these Terms applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second button to confirm the order, the CUSTOMER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE WEBSITE
To purchase a PRODUCT, the CUSTOMER must be at least 18 years old and have legal capacity or, if a minor, be able to provide proof of the consent of their legal representatives.
The CUSTOMER will be invited to provide information allowing them to be identified by completing the form available on the WEBSITE. The (*) symbol indicates the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER. The CUSTOMER may check the status of their order on the WEBSITE. DELIVERY tracking may, where applicable, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER’s sales department at any time by email at cs@lartisanbrossier.com to obtain information about the status of their order.
The information provided by the CUSTOMER to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, their identity, eligibility and the information provided.
ARTICLE 5. ORDERS
Article 5.1 Product characteristics
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the WEBSITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to carefully read this information before placing an order on the WEBSITE.
Unless expressly stated otherwise on the WEBSITE, all PRODUCTS sold by the SELLER are new and comply with current European legislation and applicable standards in France.
Article 5.2. Ordering procedure
Orders for PRODUCTS are placed directly on the WEBSITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER’s starting page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(S) of their choice by clicking on the relevant PRODUCT(S) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, it is placed in the CUSTOMER’s shopping cart. The CUSTOMER may then add as many PRODUCTS as desired to their cart.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in their cart, the CUSTOMER must click on the cart and check that the contents of their order are correct. If the CUSTOMER has not already done so, they will then be invited to log in or register.
Once the CUSTOMER has validated the contents of the cart and logged in / registered, an automatically completed online form will be displayed, summarizing the price, applicable taxes and, where applicable, delivery costs.
The CUSTOMER is invited to check the contents of their order (including the quantity, characteristics and references of the PRODUCTS ordered, billing address, payment method and price) before validating it.
The CUSTOMER may then proceed with payment for the PRODUCTS by following the instructions on the WEBSITE and provide all information necessary for invoicing and DELIVERY of the PRODUCTS. For PRODUCTS for which options are available, the specific references appear when the correct options have been selected. Orders placed must include all information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgement of receipt
Once all the steps described above have been completed, a page will appear on the WEBSITE acknowledging receipt of the CUSTOMER’s order. A copy of the order acknowledgement will automatically be sent to the CUSTOMER by email, provided that the email address provided through the registration form is correct. .
The SELLER does not send any order confirmation by post or fax.
5.2.4. Invoicing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the (*) symbol indicates the mandatory fields that must be completed for the CUSTOMER’s order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all information relating to DELIVERY, in particular the exact DELIVERY address, as well as any access code to the DELIVERY address.
The CUSTOMER must also specify the chosen payment method.
Neither the order form created online by the CUSTOMER nor the order acknowledgement sent by the SELLER to the CUSTOMER by email constitutes an invoice. Regardless of the ordering or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Order date
The order date is the date on which the SELLER acknowledges receipt of the order online. The periods indicated on the WEBSITE only begin to run from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find prices displayed on the WEBSITE in euros including all taxes, as well as applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or transport method chosen).
Prices include, in particular, value added tax (VAT) at the rate applicable on the date of the order. Any change in the applicable rate may affect the price of the PRODUCTS from the date on which the new rate comes into force.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold.
The prices of the SELLER’s suppliers may be changed. Consequently, the prices indicated on the WEBSITE may change. They may also be modified in the event of offers or special sales.
The prices indicated are valid, except in the event of a manifest error. The applicable price is the one indicated on the WEBSITE on the date the order is placed by the CUSTOMER.
5.5. PRODUCT availability
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless otherwise agreed by the parties.
The unavailability of a PRODUCT is generally indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed by the SELLER when a PRODUCT is restocked.
In any event, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable.
If a PRODUCT is unavailable, the SELLER may, subject to the parties’ agreement, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, they will be refunded all amounts paid for the unavailable PRODUCTS no later than thirty (30) days after payment.
5.6. Promotional codes and commercial offers
Any promotional codes offered by the SELLER are strictly personal, non-transferable and limited to one use per order, unless expressly stated otherwise.
Unless otherwise specifically stated, promotional codes cannot be combined with one another or with any other ongoing promotional offer, discount or benefit.
Promotional codes are exclusively valid on products of the L’Artisan Brossier brand and do not apply to products already discounted, on promotion or benefiting from a special offer.
In the event of incompatibility between a promotional code and the contents of the cart, an information message will be displayed to the CUSTOMER when validating the code to inform them that it cannot be applied.
The SELLER reserves the right to modify, suspend or cancel any promotional operation at any time, without notice, while respecting orders already validated.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms and conditions of the right of withdrawal are set out in the “withdrawal policy”, available in Appendix 1 to these terms and accessible at the bottom of each page of the WEBSITE via a hyperlink.
ARTICLE 7. PAYMENT
7.1. Payment methods
The CUSTOMER may pay for their PRODUCTS online on the WEBSITE using the payment methods offered by the SELLER.
The CUSTOMER guarantees to the SELLER that they have all the necessary authorizations to use the chosen payment method.
The SELLER will take all necessary measures to ensure the security and confidentiality of data transmitted online as part of online payment on the WEBSITE.
It is specified in this respect that all payment-related information provided on the WEBSITE is transmitted to the WEBSITE’s bank and is not processed on the WEBSITE.
Payment for your purchases on the Website may be made by:
- Stripe: Payment is processed through the secure solution in the selected currency.
- Pay-Pal: Payment is made on the Pay-Pal server. No banking information is transmitted to or stored on the website lartisanbrossier.com. PayPal automatically encrypts your confidential data so that no information is transmitted in plain text over the Internet. (see the website www.paypal.com/fr.)
7.2. Payment date
In the event of a single payment by credit card, the CUSTOMER’s account will be debited as soon as the PRODUCT order is placed on the WEBSITE.
In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER’s account at the earliest when the first package is shipped. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of Article 5.5 of these General Terms and Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other payment method, the CUSTOMER must contact the SELLER’s Customer Service in order to pay for the order using any other valid payment method.
If, for any reason whatsoever, opposition, refusal or otherwise, the transfer of the money owed by the CUSTOMER proves impossible, the order will be cancelled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract concluded with the CUSTOMER corresponding to an order for an amount exceeding 120 euros including VAT will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the French Consumer Code.
The SELLER agrees to archive this information in order to ensure transaction tracking and to provide a copy of the contract at the CUSTOMER’s request.
In the event of a dispute, the SELLER will be able to prove that its electronic tracking system is reliable and guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until they have been fully paid for by the CUSTOMER.
The above provisions do not prevent the transfer to the CUSTOMER, upon receipt by them or by a third party designated by them other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the retention of title, as well as the risks of damage they may cause.
ARTICLE 10. DELIVERY
The terms and conditions of DELIVERY of the PRODUCTS are set out in the “delivery policy” referred to in Appendix 2 to these terms and accessible at the bottom of each page of the WEBSITE via a hyperlink.
Article L216-1
The professional shall deliver the goods or provide the service on the date or within the period indicated to the consumer, in accordance with 3° of Article L. 111-1, unless the parties agree otherwise.
For the purposes of this title, delivery of goods means the transfer to the consumer of physical possession or control of the goods. In the case of goods incorporating digital elements, delivery also includes the provision of those elements within the meaning of Article L. 224-25-4.
In the absence of any indication or agreement concerning the date of delivery or provision, the professional shall deliver the goods or provide the service without undue delay and no later than thirty days after the conclusion of the contract.
This chapter also applies to the provision of digital content on a physical medium used exclusively for its transport.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with applicable transport standards, in order to ensure maximum protection of the PRODUCTS during DELIVERY. CUSTOMERS undertake to comply with the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
ARTICLE 12. WARRANTIES
To the extent provided for by law, all warranties are excluded, with the exception of statutory warranties benefiting consumers, which cannot legally be excluded.
Vikim Diffusion, whose contact details appear in the introduction to these Terms, guarantees consumers against defects in conformity and hidden defects for products sold on this website, in accordance with the statutory guarantee of conformity provided for in Articles L.217-3 et seq. of the French Consumer Code and the guarantee against hidden defects within the meaning of Articles 1641 et seq. of the French Civil Code.
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“The consumer has a period of two years from delivery of the goods to obtain implementation of the statutory guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where the sales contract for the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or digital service throughout the period of supply provided for. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared. The statutory guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The statutory guarantee of conformity gives the consumer the right to have the goods repaired or replaced within thirty days of their request, free of charge and without major inconvenience to them. If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the goods but the seller imposes replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods. The consumer may obtain a reduction in the purchase price by keeping the goods or terminate the contract and receive a full refund against return of the goods, if: 1° The professional refuses to repair or replace the goods; 2° The repair or replacement of the goods takes place after a period of thirty days; 3° The repair or replacement of the goods causes major inconvenience to the consumer, particularly where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the installation costs of the repaired or replacement goods; 4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity. The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to first request repair or replacement of the goods. The consumer is not entitled to terminate the sale if the lack of conformity is minor. Any period during which the goods are unavailable for repair or replacement suspends the remaining warranty period until the repaired goods are delivered. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who, in bad faith, obstructs the implementation of the statutory guarantee of conformity may incur a civil fine of up to 300,000 euros, which may be increased to up to 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code). The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund against return of the goods.” |
Implementation of the statutory guarantee of conformity and hidden defects:
In the event of implementation of the statutory guarantee of conformity and hidden defects, you may contact us using the various methods listed in the contact section of this website, in particular by email at cs@lartisanbrossier.com. We will then inform you of the procedure to follow.
Reminder of certain provisions of the French Consumer Code relating to the statutory guarantee of conformity of goods (excluding digital content and services):
- Article L 217-3 paragraphs 1 and 2 of the French Consumer Code: “The seller shall deliver goods that conform to the contract and to the criteria set out in Article L. 217-5. The seller is liable for defects in conformity existing at the time of delivery of the goods within the meaning of Article L. 216-1, which appear within two years of that delivery.”
- Article L 217-4 of the French Consumer Code: “The goods conform to the contract if they meet, where applicable, the following criteria:
1° They correspond to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability or any other characteristics provided for in the contract;
2° They are fit for any particular purpose sought by the consumer, brought to the seller’s attention no later than at the time of conclusion of the contract and accepted by the seller;
3° They are delivered with all accessories and installation instructions that must be provided in accordance with the contract; (…).”
Reminder of certain provisions of the French Civil Code relating to the guarantee against hidden defects:
- Article 1641 of the French Civil Code: “The seller is bound by a guarantee against hidden defects in the goods sold which render them unfit for the purpose for which they are intended, or which so diminish that use that the buyer would not have acquired them, or would only have paid a lower price for them, had they known of them.”
- Article 1648 paragraph 1 of the French Civil Code: “An action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.”
“The products we sell, particularly handcrafted items, often have characteristics specific to the natural materials used in their manufacture. These characteristics may vary in terms of texture or colour. These variations cannot in any way be considered defects or damage. On the contrary, you must be aware of the existence of these variations and be able to appreciate them. We only select products of the highest quality, but natural characteristics are inherent to our products and must be accepted as part of their intrinsic appearance. The provisions set out in this clause in no way affect your rights as a consumer or your right to terminate the Contract.”
ARTICLE 13. LIABILITY
The SELLER shall under no circumstances be liable in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, particularly when entering their order.
The SELLER shall not be held liable, or considered to have breached these Terms, for any delay or non-performance where the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of French courts and tribunals.
It is also specified that the SELLER does not control websites that are directly or indirectly linked to the WEBSITE. Consequently, it excludes any liability for the information published there. Links to third-party websites are provided for information purposes only and no guarantee is given regarding their content.
ARTICLE 14. FORCE MAJEURE
The SELLER shall not be liable if the non-performance or delay in performing any of its obligations described in these General Terms and Conditions results from a case of force majeure.
Under contract law, force majeure exists when an event beyond the debtor’s control, which could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the debtor from performing its obligation.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is permanent, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the French Civil Code.
In this respect, the SELLER shall not be liable in particular in the event of hacking attacks, interruption of electronic communications networks, or the occurrence of any circumstance or event beyond the SELLER’s control occurring after the conclusion of these General Terms and Conditions and preventing performance under normal conditions.
It is specified that, in such a situation, the CUSTOMER may not claim any compensation and may not bring any action against the SELLER.
In the event of one of the aforementioned events occurring, the SELLER will endeavour to inform the CUSTOMER as soon as possible.
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data concerning its CUSTOMERS on the WEBSITE, including through cookies. CUSTOMERS may disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the WEBSITE, manage the CUSTOMER’s account, analyse orders and, if the CUSTOMER has expressly chosen this option, send them commercial prospecting emails, newsletters, promotional offers and/or information about special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CUSTOMER’s data is kept confidentially by the SELLER for the purposes of the contract, its performance and in compliance with the law.
CUSTOMERS may unsubscribe at any time by accessing their account or clicking on the hyperlink provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER’s service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the WEBSITE.
The SELLER will specifically ask CUSTOMERS whether they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time by contacting the SELLER. The SELLER may also ask its CUSTOMERS whether they wish to receive commercial solicitations from its partners.
In accordance with French Law No. 78-17 of 6 January 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 relating to the protection of natural persons with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), the SELLER ensures the exercise of the rights of data subjects.
It is recalled that the CUSTOMER whose personal data is processed has the rights of access, rectification, updating, portability and erasure of information concerning them, in accordance with Articles 39 and 40 of the amended French Data Protection Act and Articles 15, 16 and 17 of the European General Data Protection Regulation (GDPR).
In accordance with Article 38 of the amended French Data Protection Act and Article 21 of the GDPR, the CUSTOMER may also, on legitimate grounds, object to the processing of data concerning them, without giving reasons and free of charge.
The CUSTOMER may exercise these rights by sending an email to cs@lartisanbrossier.com or by sending a letter to 15 rue Pierre et Marie Curie 22190 Plérin France.
It is specified that the CUSTOMER must be able to prove their identity, either by scanning an identity document or by sending a photocopy of their identity document to the SELLER.
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a “Customer Telephone Service” at the following number: 0296633450 (non-premium rate number). Any written complaint from the CUSTOMER must be sent to the following address: 15 rue Pierre et Marie Curie 22190 Plérin France.
ARTICLE 17. INTELLECTUAL PROPERTY
All visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law and/or patent law.
These elements are the exclusive property of the SELLER. Any person operating a website who wishes to create a direct hyperlink to the WEBSITE must request the SELLER’s written authorization.
This authorization from the SELLER shall in no case be granted on a permanent basis. The link must be removed at the SELLER’s request. Hyperlinks to the WEBSITE using techniques such as framing or in-line linking are strictly prohibited.
Any representation or reproduction, in whole or in part, of the WEBSITE and its content, by any means whatsoever, without the SELLER’s prior express authorization, is prohibited and shall constitute an infringement punishable under Articles L.335-2 et seq. and Articles L.713-1 et seq. of the French Intellectual Property Code.
Acceptance of these General Terms and Conditions constitutes acknowledgement by the CUSTOMER of the SELLER’s intellectual property rights and an undertaking to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL TERMS AND CONDITIONS
Any change in applicable legislation or regulations, or any decision by a competent court invalidating one or more clauses of these General Terms and Conditions, shall not affect the validity of these General Terms and Conditions. Such change or decision shall in no case authorize CUSTOMERS to disregard these General Terms and Conditions.
All conditions not expressly addressed herein shall be governed in accordance with the practices of the retail sector for private individuals, for companies whose registered office is located in France.
Article 19. MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions apply to all purchases made online on the WEBSITE as long as the WEBSITE is available online.
The General Terms and Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Terms and Conditions are those in force at the time of the order.
Changes made to the General Terms and Conditions shall not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS AND THE RELATIONSHIP BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW
IN THE EVENT OF A DISPUTE, ONLY THE FRENCH COURTS SHALL HAVE JURISDICTION.
However, before any recourse to an arbitral or state court, the CUSTOMER is invited to contact the SELLER’s complaints department.
If you have been unable to resolve your dispute after sending us a written complaint (by post or email), dated and setting out the circumstances that gave rise to the dispute and what you are claiming, you may refer the matter to the consumer mediator designated below if you have received a written negative response from us or no response two months after sending your complaint.
In accordance with Articles L.616-1 and R.616-1
of the French Consumer Code, our company has established a consumer mediation procedure. The mediation entity selected is:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
In the event of a dispute, you may submit your complaint on its website: https://www.medconsodev.eu
or by post to:
MEDIATION CONSOMMATION DÉVELOPPEMENT/MED CONSO DEV
Centre d’Affaires Stéphanois SAS
IMMEUBLE L’HORIZON – ESPLANADE DE FRANCE
3, RUE J. CONSTANT MILLERET – 42000 SAINT-ÉTIENNE
The party wishing to initiate the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the dispute.
As mediation is not mandatory, the CUSTOMER or the SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT CONSIDERED, THE DISPUTE THAT COULD HAVE BEEN SUBJECT TO MEDIATION SHALL BE REFERRED TO THE COMPETENT COURT DESIGNATED ABOVE.
APPENDIX 1
WITHDRAWAL POLICY
Right of withdrawal principle
The CUSTOMER has, in principle, the right to withdraw by returning or handing back the PRODUCT to the SELLER.
For this purpose, the PRODUCT must be returned or handed back without undue delay and no later than fourteen (14) days following communication of their decision to withdraw, unless the SELLER offers to collect the PRODUCT itself.
Withdrawal period
In accordance with Article L.221-18 of the French Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the PRODUCT.
Where the CUSTOMER has ordered several PRODUCTS through a single order resulting in several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last PRODUCT delivered.
If the CUSTOMER’s order concerns several PRODUCTS and these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, physically takes possession of the last PRODUCT.
Notification of the right of withdrawal
To exercise their right of withdrawal and in accordance with Article L.221-21 of the French Consumer Code, the CUSTOMER must notify their decision to withdraw by means of an unambiguous statement (for example, a letter sent by post, fax or email) to: 15 rue Pierre et Marie Curie 22190 Plérin (FRANCE) or cs@lartisanbrossier.com.
They may also use the form below:
WITHDRAWAL FORM
For the attention of: Vikim Diffusion
SELLER’s telephone number: 0296633450
SELLER’s email address*: cs@lartisanbrossier.com
I hereby notify you of my withdrawal from the contract concerning the sale of the PRODUCT below:
PRODUCT reference
Invoice No.:
Order form No.:
- Ordered on [________________]/received on [________________]
- Payment method used:
- Name of the CUSTOMER and, where applicable, the recipient of the order:
- CUSTOMER’s address:
- Delivery address:
- CUSTOMER’s signature (except in the case of transmission by email)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must send their communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to refund all sums paid, including delivery costs (with the exception of any additional costs resulting from the CUSTOMER’s choice of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT.(Article L.221-24 of the French Consumer Code).
The SELLER will make the refund using the same payment method as that used by the CUSTOMER for the initial transaction, unless the CUSTOMER expressly agrees to a different method; in any event, this refund will not incur any costs for the CUSTOMER.
The SELLER is not required to reimburse additional costs if the CUSTOMER expressly chose a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer the refund until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, whichever is the earlier.
Return procedure
The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating their decision to withdraw from this contract, return the goods to: 15 rue Pierre et Marie Curie 22190 PLERIN.
This deadline is deemed to have been met if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.
Return costs
The CUSTOMER shall bear the direct costs of returning the goods.
If the weight of the PRODUCT prevents the CUSTOMER from returning the PRODUCT by post, the CUSTOMER shall bear the direct costs of returning the goods.
Condition of the returned goods
The PRODUCT must be returned in accordance with the SELLER’s instructions and must include, in particular, all accessories supplied.
The CUSTOMER shall only be liable for depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the PRODUCT. The returned item(s) must be new, unused and in their completely intact original box, together with a copy of the invoice or shipping notice.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made to the CUSTOMER’s specifications or clearly personalized
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspapers, periodicals, magazines (except subscription contracts)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which, by their nature, are inseparably mixed with other items
- Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
- Supply of alcoholic beverages whose price was agreed upon at the time of conclusion of the sales contract, whose delivery can only be made after 30 days and whose actual value depends on market fluctuations beyond the SELLER’s control
- Supply of digital content not supplied on a physical medium where performance has begun with the consumer’s express prior consent, who has also acknowledged that they will thereby lose their right of withdrawal
- Contracts concluded at a public auction
APPENDIX 2
DELIVERY POLICY
Delivery area
The PRODUCTS offered may only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) indicated by the CUSTOMER during the ordering process.
Shipping time
The time required to prepare an order and issue the invoice before shipping PRODUCTS in stock is indicated on the WEBSITE. These periods exclude weekends and public holidays.
An email will automatically be sent to the CUSTOMER when the PRODUCTS are shipped, provided that the email address entered in the registration form is correct.
Delivery times & Delivery costs
During the ordering process, the SELLER informs the CUSTOMER of the possible shipping times and methods for the PRODUCTS purchased.
Shipping costs are calculated according to the delivery method.
The amount of these costs shall be payable by the CUSTOMER in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are provided on the WEBSITE.
In the absence of any indication or agreement concerning the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the French Consumer Code).
DELIVERY procedures
The package will be handed over to the CUSTOMER against signature and upon presentation of an identity document.
In the event of absence, a delivery notice will be left for the CUSTOMER, allowing them to collect their package from their post office.
DELIVERY problems
The CUSTOMER is informed of the delivery date set when they choose the carrier, at the end of the online ordering process, before confirming the order.
It is specified that deliveries will be made within a maximum of thirty (30) days. Failing this, the CUSTOMER must formally request the SELLER to deliver within a reasonable period and, if delivery does not occur within this period, they may terminate the contract.
The SELLER will refund the CUSTOMER, without undue delay from receipt of the termination letter, the total amount paid for the PRODUCTS, including taxes and delivery costs, using the same payment method as that used by the CUSTOMER to purchase the PRODUCTS.
The SELLER is responsible until delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss observed upon delivery.. An action resulting from redhibitory defects must be brought by the CUSTOMER within two (2) years from discovery of the defect. (Paragraph 1 of Article 1648 of the French Civil Code)
Unclaimed package at a pickup point
In the event of delivery to a pickup point, the CUSTOMER undertakes to collect their package within the period specified by the carrier.
1. Reshipment
If the package is not collected within the specified period and at the CUSTOMER’s request, a new shipment may be made, provided that the CUSTOMER first contacts Customer Service.
This new shipment will incur delivery charges payable by the CUSTOMER, according to the applicable rates.
2. Failure to collect the package / return to sender
If the package is not collected by the CUSTOMER within the period specified by the carrier or pickup point, resulting in the package being returned to the SELLER, the order may be refunded using the payment method used for the purchase, less:
- the initial delivery costs, which are non-refundable;
- where the initial delivery was free, the amount of the normally applicable delivery costs;
- any return costs charged to the SELLER by the carrier;
- a flat processing fee of €5, corresponding to the costs of managing and processing the return.
These provisions also apply when the CUSTOMER contacts the SELLER after the expiry of the period during which the package was made available at the pickup point and after the return to sender has been initiated, unless the CUSTOMER agrees to pay the costs necessary for a new shipment.
These costs correspond to the costs actually incurred by the SELLER and do not constitute a penalty.
3. Exclusions
This provision does not apply when the CUSTOMER contacted Customer Service before the package was returned in order to report a difficulty or seek a solution.