The present General Conditions of Sale aim at defining the contractual relations between BRAXIERE AND CETERA and the purchaser as well as the conditions applicable to any purchase made through the commercial site of BRAXIERE ET CETERA, named www.braxiere.com.
The following General Conditions of Sale have been established to inform potential customer about the terms and conditions under which the purchases, sales and the delivery of any product offered by the company are carried out on its website. These General Conditions of Sale also indicate the rights and obligations that sellers and customer must respect in order for the transactions to take place in the best possible conditions.
Any order placed on the website www.braxiere.com implies that the buyer acknowledges having read the General Conditions of Sale and accepts them.
1.Characteristics of goods and services offered:
The products and services offered are those listed in the e-catalog published on the website of BRAXIERE ET CETERA. Each product is accompanied by descriptions and non-contractual photographs. The photographs and the descriptions of the products of the e-catalog are the most representative of the reality of the product proposed, but cannot be held as perfectly identical, in particular regarding the colours because they can be affected by the colour definition of your computer.
BraXiere cannot be held responsible for any error or omission in any of the texts, photographs or graphics relating to the product or in case of slight modification of the characteristics of the product.
2. Prices :
The prices of our products are indicated in $ US or Euros. For all products shipped outside the European Community and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice. Customs duties and / or other local taxes or import duties or stat taxes will then be requested by its local administrative offices. These rights and sums are not the responsibility of BRAXIERE ET CETERA. They will be the responsibility of the buyer and are his sole responsibility, both in terms of declarations and payments to authorities and / or competent bodies of different countries. The products remain the property of BRAXIERE ET CETERA until full payment of the price. Any special request from a professional, works council or other organization may be processed at first by electronic or telephone contact. For B2B, another professional GCS will be provide separately.
For any questions regarding the price of our products, please contact: email@example.com.
3. Orders :
The buyer acknowledges having the legal age & right to place an order and /or to have the legal age established by its country. The electronic confirmation of the order entails, for the purchaser, acceptance of the present General Conditions of Sale, the recognition of having perfect knowledge of it and the renunciation to take advantage of its own conditions of purchase or other conditions. His commitment is then considered to be firm and definitive. All data provided and the recorded confirmation will be proof of the transaction. The confirmation will be same as signing and acceptance by the buyer of the operations carried out.
3.1. Tracking control:
From the assumption of responsibility by the carrier, the salesman will communicate by e-mail the confirmation of the recorded order. A tracking number will be given to the customer to follow the parcel and to know the progress of the delivery. The customer can also follow his order on the site by clicking on "My Account".
4. Payment terms:
The payment of products and any shipping costs related to the order are due in full to the order to validate its acceptance by the customer. The payment is expressed in $US or Euros only and all taxes included.
At the request of the buyer, it will be sent a digital invoice .
For orders outside France, customer could have to pay custom duties on their country of your their free will if it is not automatically requested by the customs services of their country. BAXIERE ET CETERA cannot be held responsible for the non-payment of this tax or any tax relating to a shipment outside France between its customers and the customs services of their respective countries.
The customer can make his payments for goods to Braxiere et cetera: - By credit card (Bleue, Visa card, Mastercard, American Express) -by Stripe or PayPal
The invoice of an unpaid order can be returned at any time if unpaid until/within 120 days from the date of the placing of order. As a result, BRAXIERE ET CETERA reserves the right, in its sole discretion, not to ship a parcel whose payment, delivery address or IP may appear doubtful or compromising for its own account or that of a third person. The BRAXIERE ET CETERA Company will then have no compensation or compensation of any kind to pay, since the safety of its own customers, suppliers and service providers is at stake.
Delivery time and availability: The offers on the site are valid only while stocks last. If for any reason the seller is out of stock and cannot deliver the order to the buyer, the seller will contact the customer and offer him the opportunity to change, modify or cancel his order.
5.1 Prices of goods.
The prices listed on the Website www.braxiere.com are all taxes included, regarding taxes applied within the European Community.
Prices shown on the Website do not include delivery charges. These costs are indicated on the final invoice, after selection of the method of transport and depending on the customer's country.
The risks are borne by the buyer from the moment the products left the premises of the seller or his carrier and when the customer returns his product to the seller. The seller ensures that the products are properly protected for transport. If, despite this, products of the order were damaged during transport, the buyer can either refuse the delivery of damaged products or make handwritten, dated and signed reservations on the voucher or at the post office according to the mode of transport used.
The buyer will also have to contact BAXIERE ET CETERA, within 24 hours, by following the procedure of request of return of the site accessible from "Your account" then "See my previous orders" then "Detail of the order" by indicating the concerned product and the reason for the return request. After verification, the seller will provide the buyer a return number and the procedure to follow by email. The product must be returned by the customer in its original packaging, intact and sealed. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging. The seller will deliver at his expense the replacement product within the limits of available stocks after return of the damaged product. The cost of returning the damaged product will be refunded to the customer on proof of payment. Letter followed or colissimo are the means of expedition recommended for the return. The seller will not accept returned products if a return number has not been communicated by the buyer.
5.3 Missing product or delivery not in accordance with the order:
If the customer finds that a product is missing during delivery by the carrier, he must contact the seller within 48 business hours of delivery with its order number. The seller will then deliver as soon as possible the missing product without additional shipping costs or proceed to the exchange of the product if the delivery does not comply with the order. To proceed with the exchange, the customer must contact the seller by email to firstname.lastname@example.org, provided with his order number The customer can then request a return number indicating the product he wants to return and the reason for the return. After verification, the seller will e-mail a return number to the customer and the procedure to follow. The product must be returned by the customer in its original packaging intact and sealed. The photocopy of the invoice must be attached to the product and the return number marked on the transport packaging. The cost of returning this item will be refunded on proof and the product that was not delivered in accordance with the order will be delivered without additional shipping costs to the customer.
6. Rights and time limit:
1 Period of exercise of the legal right of withdrawal In accordance with Article L. 221-18 of the French Consumer Code, the Purchaser has a period of 15 (fifteen) days from the day of receipt of the package containing the products ordered, in order to exercise his right legal withdrawal without having to justify its decision.
6.1 Consequences of the exercise of the right of legal retraction If the products can be the object of the right of retraction, the Buyer exercising his right of retraction in the respect of the deadlines and the modalities of return of the products, will be able to obtain a refund of the returned products.
6.2 Costs: BRAXIERE ET CETERA will not bear the cost of returning the products without pre- agreement.
6.3 Terms of exercise of the legal right of withdrawal modality of the contractual right of withdrawal.
The Buyer or, as the case may be, the recipient of the order, must inform BRAXIERE ET CETERA of its desire to withdraw by contacting the BRAXIERE ET CETERA Customer Service within 15 (fifteen) days of receipt of the Order. The Buyer must contact BRAXIERE ET CETERA by email at the following address: email@example.com. The Buyer will be compensated for the amount of his order and the delivery costs actually paid at the time of delivery. However, for orders made outside the European Union and for which customs duties have been invoiced to the Buyer, BRAXIERE ET CETERA will not refund the customs duties.
6.4 General provisions applicable to all modes of return
The products must imperatively be returned to BRAXIERE ET CETERA in a state suitable for a new marketing (products in perfect condition accompanied by their original packaging) at the latest in a period of 15 (fifteen) days following their date of reception. Returns of products returned beyond this deadline or having been worn few hours will not be accepted.
The customer can request the cancellation of the transaction until the order has been sent by BRAXIERE ET CETERA.
8. Defective products:
If the items you ordered have a defect or do not correspond to the description as given on the Website www.braxiere.com, you are welcome for contacting us as soon as possible at firstname.lastname@example.org. We thank you for returning defective products to us and we will replace them if these items are available or their full refund (including shipping costs) upon receipt of the returned products.
9. Your personal data
The personal information that you can provide us using our site is collected and used in accordance with the conditions of protection on the personal data which are accessible on one of the tabs at the bottom of the site. In accordance with the Data Protection Act of 6 January 1978, you have the right to access, oppose, rectify and withdraw all of your personal data:
by writing by mail to
BRAXIERE ET CETERA Parc Atlantic Vendée Avenue des Albizias. 85210 Sainte Hermine
If for any reason, one of the present General Conditions of Sale should be declared inapplicable, this inapplicability would not affect the application of the other provisions of the general conditions; the one judged inapplicable being then replaced by the provision as close as possible. The seller, in the process of selling online, is bound only by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, break of the service, or other involuntary problems. The seller's liability is limited to the amount of the purchase made by the buyer. The seller cannot be held responsible in case of out of stock or late delivery of its suppliers. Under no circumstances, BRAXIERE can not be held responsible for any damage whatsoever, direct or indirect, caused to the user or to a third party, consecutive in particular to a malfunction, a failure, a loss of profit, a loss of data loss of profits, operating loss, software loss, damage or loss of equipment by the user or a third party. The seller does not support compensation for direct and indirect damage; material or immaterial that may arise from the above-mentioned complaints in a comprehensive manner. The seller does not support the costs of recovery, reproduction or repair of such losses or damage. The seller cannot be held responsible for any mistake of order entry by the customer and resulting in errors or delays in delivery.
11. Title retention clause:
The goods remain the property of BRAXIERE ET CETERA until full payment of their price.
12. Force majeure:
In case of force majeure as defined by the case law of the French courts, making it impossible for either party to fulfill its obligations, the respective obligations of the parties will first be suspended for the duration of the contract. Its existence, with the exception, however, of the obligations stipulated in Article 13 "Intellectual Property". If this suspension was to last more than 30 days, the contract may be terminated automatically at the request of either party by sending a registered letter with acknowledgment of receipt. BRAXIERE ET CETERA and the contracting party, will then no longer be held to the respect of their obligations with the exception of those resulting from the article 13 "Intellectual property" without any compensation for any reason whatsoever, is due of share neither else. Each party cannot be held responsible for any breach of its obligations resulting from a case of force majeure or fortuitous event within the meaning of Article 1148 of the Civil Code and the jurisprudence of the Court of Cassation. The parties already recognize as cases of force majeure or fortuitous events, cases of total or partial strikes outside the service provider, the prohibition to export, the modification of the regulation applicable to the supply of service, the blocking of means of transport, fire, lightning and flooding ".
13. IP, Intellectual property:
All elements of the site www.braxiere.com are and remain the exclusive intellectual property of BRAXIERE. Nobody is authorized to reproduce, exploit, rebroadcast, or use for any purpose whatsoever, even partially, elements of the site www.braxiere.com, and software, visual or sound. Any single link or hypertext is strictly prohibited without the express written consent of BRAXIERE ET CETERA and BRAXIERE ET CETERA can not be responsible in the event that the content of the sites to which a referral is proposed with hypertext links would not be in conformity with the provisions legal and regulatory provisions. The use of the Website is reserved for strictly personal use.
14. Archives - Proof of Sale:
The computerized records, kept under reasonable conditions of security, will be considered as proof of communications, orders and payments between the parties. In accordance with Article 1348 of the Civil Code, the filing of purchase orders, order confirmations and invoices is done on a reliable and durable support. The records of the seller will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
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16. Processing of personal data
BraXiere respects your privacy and is very serious about keeping the security of your personal data. “Personal data” means all information that can be used to identify you, as a person, i.e. name, IP address, contact details or user habits. Your personal data will only be processed if and insofar this is required to ensure the functionality of our website and to allow availability of the content. Other use of your personal data will only be done with your prior permission. For exceptional and justified cases where it is not possible to obtain you permission in advance, your personal data will be processed in accordance with the provisions of the EU General Data Privacy Regulation (GDPR), and all other relevant national data protection laws.
17. Rights of data subject
You, as data subject, have the right to information towards BraXiere pursuant to Art. 15 GDPR, the right of correction under Art. 16 GDPR, the right to erasure under Art. 17 GDPR and the right to restriction of processing under Art. 18 GDPR. Furthermore, pursuant to Art. 20 GDPR, you have the right of data portability (access to data in a machine-readable format) for data which is stored under the legal base of consent.
18. Confidentiality of financial information:
Payment information is not stored on our website.
19. Dispute resolution:
The present General Conditions of Sale on line are subjected to the French law. It relies on the regulation of distance selling (Articles L. 121-16 to L. 121-20 of the Consumer Code), Directive 97/7 EC of 20 May 1997 on consumer protection in distance selling, and the law of 1 August 2000. For the resolution of all disputes concerning the sales contract, the parties have the right to defer, by mutual agreement, to arbitration. In case of dispute, the buyer will contact BRAXIERE ET CETERA by email at the following email address: email@example.com
All requests should be sent by email to: firstname.lastname@example.org Or by simple letter to:
BRAXIERE ET CETERA Service Client 21 Chemin de l'Eglise Le Simon Saint Hermine
Legal Notice Braxiere et cetera SAS au capital de 15000 euros Siret 83424625800026 TVA FR76834246258
Présidente : Macha Brizay Head office : 21, chemin de l’église. Le Simon 85210 Sainte Hermine France