GENERAL TERMS AND CONDITIONS
Article 1 : scope of terms and conditions :
The general terms and conditions of sale apply exclusively to current and future trade relations existing between Broma,fr (Broma EURL Siret 48255731100016 – VAT No FR0482557311 – Capital 8000 euros ) BP 31 69591 L'ARBRESLE Cedex and the buyer.
All other conditions will only concern the vendor after written confirmation from the vendor, Information given in catalogues, price lists, website, notes etc ,,, is given for general guidance purposes only and can as such be modified by the vendor without notice, The mere fact of ordering or accepting an offer from the vendor entails without reservation the acceptance of the general conditions of sale, The present general conditions of sale can be modified at any time without notice by Broma EURL, The modifications will apply to all subsequent orders.
Article 2 : Prices
The vendor's price list does not constitute a sale, The product prices are quoted in euros all taxes included (French VAT 20%) excluding shipping and handling fees, from vendor's warehouse, All orders are payable in euros irrespective of buyer's country of origin, Broma,fr reserves the right to change prices at any time but orders will be invoiced according to prices at the time of reception subject to availability.
Article 3 : Purchase
Within the framework of orders placed on the website www,broma,fr, orders are effective from the date the buyer's account is debited for credit cards, Contractual information appears in French and English and shall be confirmed at the latest on delivery, The information provided by the buyer at the time of order is binding : the vendor cannot be held responsible if the wrong information concerning coordinates of recipient prevents delivery of products.
Article 4 : Confirmation
Clicking on the OK button when completing an order, the buyer accepts without reservation the general terms end conditions of sale, The data saved by Broma EURL constitutes the proof of all transactions concluded between Broma EURL and the client.
Article 5 : Availability
Our products are proposed within the limits of available stocks, Within this framework, information relating to availability is given to the buyer at the time of ordering, However, as this information may come directly from our suppliers, we cannot be held responsible for exceptional errors or modifications, In the case of a product being unavailable after an order has been placed, the buyer will be informed by e-mail or by telephone as soon as possible, We will propose either cancellation or altering the order by writing to email@example.com.
Article 6 : Delivery
Products will be delivered to the address indicated by the buyer at the time of ordering, The delivery dates indicated at the time of ordering are approximate, In case of unusual delay or of products delivered on different dates due to availability, an e-mail will be sent to the buyer, By specific agreement, in case of force majeure or events such as lock-outs, strikes, work disruption or stoppage in the vendor's or supplier's workplace, epidemic, war, requisitioning, fire, flood, interruption or delay of transport, legal or administrative mesures preventing, restricting, delaying or prohibiting the manufacture or importation of goods, the vendor is not liable for delivery problems, Broma EURL reserves the right however to split deliveries, The handling and shipping fees will only be billed as a single delivery.
Article 7 : Payment
Payment must be made in such a way that the vendor can bank payments on the due date. Payment is to be made by credit card (Visa, Eurocard, Mastercard, American Express, Aurore). Transactions made on the website www. broma.fr are made secure by the payment system. Once the client has entered their bank details, there is a direct link to the Crédit Mutuel payment server. The vendor therfore cannot access the client card number and it is not stored on the server. Furthermore all the data exchanged with Crédit Mutuel is encrypted by the SSL protocol and cannot be intercepted or modified. With Cyberplus payment, the buyer has the guarantee that the Broma company is well referenced with Crédit Mutuel for cashing transactions on the internet. At the end of the transaction and before returning to broma.fr, CyberMUT P@iement presents the buyer with an electronic receipt summarizing all the elements of payment and the result of the bank authorisation request (transaction accepted or cancelled) The vendor reserves the right to ask for a bank cashier's cheque from the buyer in cases where large sums are involved. The vendor can withhold delivery of the goods concerned until the guarantee of payment is given.
Article 8 : Transport
The risks due to transport are borne by the vendor, subject to the condition that the buyer has checked the goods received in the presence of the transporter at the time of delivery and has written on the shipping voucher any potential reservations, even in the case of free delivery.
In such cases where the goods are too damaged, the buyer must refuse delivery. In the event of emission of reserves at the time of reception, those must moreover be declared by registered post to the transporter within 48 hours, and a copy sent also within 48 hours to : BROMA BP 31 69561 L'ARBRESLE Cedex.
Article 9 : Complaints and after-sales service
All complaints pertaining to faulty goods delivered, wrong quantities or the wrong goods compared to the accepted offer or the order confirmation from the vendor must be formulated by registered letter within 48 hours of reception of goods. Any appeal against the transporter must be included if necessary, in accordance with article 8, failure to do so will annul the buyer's right to make a claim. Packaging must be kept in perfect condition. If this is not the case, the buyer will be unable to claim and will be obliged to pay 20 euros to cover the cost of packing the goods that no longer have their original packaging or the packaging is damaged. The buyer must permit the vendor to verify information concerning the claim on site. Prior agreement from the vendor is needed if goods are to be returned with a return authorisation number, obtained in response to an e-mail sent to : firstname.lastname@example.org. The buyer will receive a return agreement by the most convenient method deemed by the vendor. The buyer must give precise details of his coordinates and designate the element or elements concerned, serial numbers, the problem incurred and the invoice number or delivery note corresponding to the goods described. After establishing a return agreement, the buyer has 7 days to return the faulty goods to the vendor. The vendor will cover the cost of the return of goods. The forwading costs are compensated on the basis of the pre-paid tarifs of the postoffice. The expenses of re-expedition of the goods are the responsibility of the buyer. This is only valid for the guarantee. All other returns (e.g wrong goods, retractation right of 7 days) do not entitle the buyer to a refund of transport costs. When the goods are returned, the buyer will provide a copy of the invoice. Failing agreement, all returned goods will be held available for the buyer at his expense, risks and perils, all transport costs, storage and handling being at the expense of the buyer. After-sale service is available on Tuesdays, Thursdays and Fridays from 9am to 12 noon by calling 09 50 84 00 85.
Article 10 : Right of return and faculty of withdrawal reserved for individuals only.
On reception, our services will check that the goods returned are correct, and establish the reason for the return. If the product returned is not correct, it will be refused and sent back to you at your expense. If your return has been made for the wrong reason, it may be refused and therefore sent back to you at your expense. The reason for the return may be re-evaluated. In which case you will be informed by e-mail and your return will be dealt with according to the re-evaluated reason for the return.
Under the terms set out by article L121-16 of the French Consumer Code and in the framework of distance selling, tha buyer has a period of 7 clear days with effect from delivery od his order, to withdraw and will be reimbursed on return of the delivered items. All orders where the agreed price is over 500 euros are subject to the conditions of article L114-1. In such cases, the buyer has a period of 60 clear days from the date indicated for the delivery to withdraw. The buyer must return the goods in the state and packaging that they were delivered in. Any return of goods requires a goods return form which can be obtained for free by sending an e-mail to email@example.com. The return of goods will be at the expense, risks and perils of the buyer.
WARNING : no withdrawal will be accepted if the goods returned are unfit for re-sale therefore :
- the product must be returned in perfect condition, in the original packaging unopened, sealed, undamaged and unmarked.
- the product must be accompanied by all its accesssories (user guides, ties, labels, blister packs, guarantees etc..)
If this is not he case, the goods will be returned to you at your expense.
After reception and acceptation of your package by our services, depending on the nature of the product, available stock and according to your wishes, we will propose sending you a replacement product of the same value.
Otherwise a credit note will be issued to your client account within 48 hours of reception of your package. It will correspond to the value of the goods returned. If you have chosen to be reimbursed, we will send you a cheque to the value of the returned goods within 15 days of the reception of the returned goods.
In the event of a credit note having been sent, you can ask for it to be annuled and replaced by a reimbursement by bank transfer. You will have to send us your bank account details by e-mail (firstname.lastname@example.org) or by post ( BROMA BP 21 69561 L'ARBRESLE Cedex)
- Return for reference error
You have a period of 7 working days to tell us that the product you received was not what you ordered : reference error, size, colour, characteristics, completely different product...in order that our customer service can give you a return authorisation number.
The product must be returned in good condition and in its original packaging, even if it has been opened, with all contents (accesssories, ties, documents). In order to deal with your request correctly, please remind us of your order number and all your details.
After reception and acceptation of your parcel by our services, in function of the nature of the product , of available stocks and according to your wishes, we will propose to re-send you your orginal order or a product with the same characteristics.
Otherwise a credit note will be issued to your customer account within 48 hours of the reception of your package. It will correspond to the value of the entire order ( product(s) + shipping costs if your order comprises only one product). If you have chosen to be reimbursed, you will have to send us your bank account details by e-mail (email@example.com) or by post (BROMA BP31 69591 L'ARBRESLE Cedex) in order to be reimbursed for the value of the entire order ( product(s) + shipping costs if your order comprises only one product).
After having received and accepted your parcel, you will have to send us a receipt for the expenses incurred in order to establish a corresponding credit note.
We will only propose a credit note for goods returned by Colissimo (Standard post). In the case of goods returned by Chronopost (Express delivery), the credit note will be for the value of goods sent by Standard post for an equivalent weight.
Article 11 : Customer service
For any queries or information, the customer service is available at : firstname.lastname@example.org
Article 12 : Intellectual property rights
All text, commentaries, publications, illustrations and reproduced images on the website http://www.bruniperfect.fr are reserved under copyright and intellectual property worldwide. As such and in accordance with the provisions of the Intellectual Property Code, only private use (subject to different or more restrictive provisions of the Intellectual Property Code) is authorised. Any other use will be considered as counterfeit and shall be sanctionned by way of Intellectual Property in the absence of prior authorisation by the vendor .
Article 13 : Applicable law - litigation
The present contract is subject to French law. The application of the Vienna Convention on international sales of goods is expressly excluded. The language of the present contract is French. In case of litigation, only the commercial court of Lyon is competent.
Article 14 : Retention of ownership
Pursuant to French law of the 12th of may 1980, the transfer of ownership of goods delivered to the buyer will only take place after full payment. During the period between delivery and transfer of ownership, the risks of loss, theft or destruction are the responsability of the buyer. The inexecution of payment obligations by the buyer for whatever reason gives the vendor the right to demand immediate restitution of the goods at the expense, risks and perils of the buyer.
Article 15 : Cancellation avoidance clause
In case of non-observance of one of the buyer's obligations, the sale will be automatically cancelled and the goods will be restored to the vendor if needed within 48 hours. The vendor is authorised to charge the buyer a fixed allowance of 10% of the amount of the sale.
Article 16 : Guarantee
The customer benefits from the legal guarantee against latent defects of sold goods. Interventions under the guarantee does not have the effect of prolonging the duration thereof. The guarantee of the vendor pertaining to transport cannot be used unless the buyer has respected article 9 of the General Terms and Conditions. The guarantee of the vendor is limited to reparation, replacement or reimbursement to the value of goods recognised to be defective by the vendor, taking into account of the correct use of the product, with the choice of the vendor. The vendor is not responsible for improper use of the products he sells.
Article 17 : Product data
Photographs illustrationg products are not contractual. Any errors are not the responsability of Broma.fr. Accompanying texts are reproductions of information figuring on the packaging and can in no way be the responsibility of the vendor.