Table of Contents
Article 1 - Presentation
Article 2 - Application of the general conditions of sale
Article 3 - Information on the site and accessibility of the site
Article 4 - Registration on the site
Article 5 - Products
Article 6 - Orders
Article 7 - Refusal to process an order
Article 8 - Prices and payment terms
Article 9 - Delivery
Article 10 - Right of withdrawal - refunds and returns
Article 11 - Guarantees - Limitation of liability
Article 12 - Partial invalidity
Article 13 - Non-waiver
Article 14 - Mediation-Applicable law-Competent jurisdiction
ARTICLE 1 - PRÉSENTATION
Our website: www.thebradery.com is edited by The Bradery Company. These conditions of sale are concluded on the one hand by the company SYMMETRIC with share capital of 1338.90 euros whose head office is located at 111 avenue Achille Perreti, registered in the Trade and Companies Register of Nanterre under the number 839 442 258 hereinafter called "SYMMETRIC". and managing the thebradery.com site and, on the other hand, by any natural or legal person wishing to make a purchase via the website thebradery.com hereinafter called "the buyer".
ARTICLE 2 - APPLICATION OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale “CGV” detailed below apply to all orders for products and services placed via the website with the company SYMMETRIC, by any person. The customer must read the CGV before any order, the CGV being available on the Site.
SYMMETRIC reserves the right to adapt or modify these GTCs at any time; the version of the CGV applicable to any sale being that appearing online on the site www.thebradery.com at the time of the Order. Consequently, placing an Order requires prior and unreserved acceptance of the GTC by the Customer.
ARTICLE 3 - INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.thebradery.com is an e-commerce site which is owned and managed by SYMMETRIC.
The Site is accessible to all users of the Internet on principle 24/7, unless interrupted, by SYMMETRIC or its service providers, for the purposes of its maintenance and / or security or force majeure (such as defined below). SYMMETRIC cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site. SYMMETRIC cannot guarantee that the Site will be free from anomalies, errors or bugs, or that the Site will operate without failure or interruption. In this regard, he may freely determine, at his sole discretion, any period of unavailability of the Site or its content. SYMMETRIC cannot be held responsible for problems with data transmission, connection or network unavailability. SYMMETRIC reserves the right to modify the Site, for technical or commercial reasons.
ARTICLE 4 - REGISTRATION ON THE SITE
The Customer's registration on the Site is validated by the company SYMMETRIC as soon as the Customer receives a registration confirmation email.
When creating an account or purchasing as a visitor, the customer must ensure the accuracy and completeness of the data he provides. The customer is obliged to always update his personal information. In the event of an error in the address details of the recipient, SYMMETRIC cannot be held responsible for the inability to deliver products. SYMMETRIC may delete the customer account at any time, for any reason, in its sole discretion.
ARTICLE 5 - PRODUCTS
The Products offered for sale are those described on the website on the day of consultation of the website by the customer, within the limit of available stock. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of the company SYMMETRIC. As such, SYMMETRIC cannot be held responsible for the cancellation of an order for a product due to the exhaustion of stocks. SYMMETRIC takes great care in the presentation and description of its products to satisfy customer information. However, it is possible that errors may appear on the website, which the customer recognizes and accepts. SYMMETRIC does not guarantee the accuracy or the security of the information transmitted or obtained by means of the website.
ARTICLE 6 - ORDERS
A confirmation email summarizing the order (product (s), price, quantity, etc.) will be sent to the customer by SYMMETRIC. To this end, the customer formally accepts the use of email confirmation by the company SYMMETRIC of the content of his Order.
Before any order, the buyer must create an account on thebradery.com site. On each visit, the buyer, if he wishes to order or view his account (order status, profile, etc.), must identify himself using this information. The SYMMETRIC company offers the buyer to order and pay for its products via a secure payment method (via Stripe): the methods of payment accepted are: credit cards and bank cards (visa®, mastercard®, american express® ) via a secured platform implemented by stripe (https://stripe.com/fr).
In accordance with the provisions of article L. 132-2 of the monetary and financial code, the commitment to pay given by means of a payment card is irrevocable.
Any order placed on the site implies a guarantee on the part of the customer that he has all the necessary authorizations to use the means of payment made available on the site.
Shipping of your order takes place only after verification of your payment method and receipt of the debit authorization for your card.
Your account will be debited when your order is shipped.
SYMMETRIC does not store the banking data of its customers.
The confirmation of an order implies acceptance of these conditions of sale, the recognition of having perfect knowledge of it and the renunciation to avail oneself of its own conditions of purchase. All the data provided and the confirmation recorded will constitute proof of the transaction. If the buyer has an email address and if he has entered it on his order form, SYMMETRIC will send him confirmation of the registration of his order by email.
If the buyer wishes to contact SYMMETRIC, he can do so by email at the following address: Hello@thebradery.com
ARTICLE 7 - REFUSAL TO PROCESS AN ORDER
SYMMETRIC reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite the best efforts of SYMMETRIC to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order. SYMMETRIC cannot be held responsible towards the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or the refusal to process a Order after sending the confirmation email summarizing the Order. SYMMETRIC also reserves the right to refuse or cancel an Order from a customer with whom it has a dispute over the payment of a previous order.
ARTICLE 8 - PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros including VAT, but excluding customs fees and other taxes. Customs fees and other taxes must be paid by the Customer directly to the carrier. All prices displayed are calculated and include value added tax (VAT) applicable in France.
SYMMETRIC reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability. The Customer expressly acknowledges that the communication of his bank card number to SYMMETRIC constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, an order cancellation notification for non-payment is sent to the Customer by SYMMETRIC on the email address provided by the Customer when registering on the Site. The data recorded and kept by SYMMETRIC constitute proof of the Order and of all past sales. The data recorded by Paypal or STRIPE constitute proof of any financial transaction between the Customer and the company SYMMETRIC.
ARTICLE 9 - DELIVERY
Deliveries are made by Colissimo services from Monday to Saturday by the Customer when confirming their Order. Delivery means the transfer to the Customer of physical possession of the Products.
The delivery costs applicable to the Order are those mentioned on the Site at the time of the Order and in the "Delivery and Returns" section. When the company SYMMETRIC takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery. By way of exception, the risk is transferred to the Customer when the Product is handed over to the transporter when the latter is responsible for transport by the Customer and not by SYMMETRIC. Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residence address of the Customer, a natural person of his choice or a legal person (delivery to his company ).
If it is impossible to make the Delivery, due to an incorrect delivery address, no re-shipment can be made and the Customer will be reimbursed within fourteen days of receipt of the Order by the company SYMMETRIC, which will withdraw reimbursement of costs related to the delivery of the goods. The company SYMMETRIC delivers Orders within a maximum principle period of ten working days for deliveries in mainland France and internationally, this period being counted from the first working day after validation of the Order. This delivery time may vary depending on the period.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street, building, stair number, access, names and / or intercom numbers, etc.). SYMMETRIC cannot be held responsible for delay in delivery that is not caused by it or justified by force majeure (as defined below).
ARTICLE 10 - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
Article 10.1. Deadline and procedures for exercising the right of withdrawal Under the terms of article L.221-18 of the Consumer Code, the non-professional Customer has a period of 14 days from receipt of the Order to exercise his right of withdrawal from SYMMETRIC, without having to justify his decision.
Article 10.2. Terms of return of the Order under the right of withdrawal. The right of withdrawal is exercised without penalty. Under article L. 221-21 of the Consumer Code, the Customer returns the Order with the return slip provided by the company SYMMETRIC, without undue delay and, at the latest, within fourteen (14) days following the receipt of his package.
Beyond this period of 14 days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return slip received with his Order. The return of Products is not supported by the company SYMMETRIC. The return of Products is the responsibility of the Customer and is done at his risk.
Article 10.3. Refund of Products returned under the right of withdrawal The refund of the Order by the company SYMMETRIC is made at the latest within 14 days from the date on which it is informed of the decision of the Customer to withdraw. However, reimbursement takes place subject to the fact that SYMMETRIC has been able to recover the Products subject to the return and the reimbursement request. The company SYMMETRIC makes the reimbursement using the same means of payment as that which will have been used for the payment of the Order, except with the express agreement of the Customer so that it uses another means of payment and insofar as the reimbursement does not no cost to the consumer. In the absence of compliance by the Customer with these GTC, SYMMETRIC will not be able to reimburse the Products concerned.
ARTICLE 11 - GUARANTEES - LIMITATION OF LIABILITY
The responsibility of SYMMETRIC for any Product purchased on the Site is strictly limited to the purchase price of the latter. SYMMETRIC will not be responsible for the following losses, regardless of their origin:
loss of income or sales
loss of profits or contracts
loss of expected savings
loss of working or management time
loss of chance, and in particular to order a Product
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of the guarantees provided by law.
SYMMETRIC does not provide any guarantee concerning any damage that could be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a bomb. logic or any other form of programming routine designed to damage, destroy, or otherwise impair the functionality of a computer or to interfere with the proper functioning of a computer, including any transmission resulting from a download of any content made by the Client, software used by the latter to download the content, from the Site or from the server which allows access to it. In this regard, the Customer acknowledges that it is their responsibility to install appropriate antivirus and security software on their computer hardware and any other device in order to protect them from any bug, virus or other programming routine of this order proving harmful. The Customer acknowledges assuming all the risks linked to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the download of this content. SYMMETRIC is only required to deliver Products that comply with contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met:
-they must conform to the description and have the characteristics set out on the Site;
- they must be adapted to the purposes for which products of this kind are generally designed;- they must meet the quality and resistance criteria which are generally accepted for products of the same kind and which can be reasonably expected.
In addition, the company SYMMETRIC guarantees consumers of conformity defects and hidden defects for the Products sold on the Site under the following conditions:
Apparent defect - Legal guarantee of conformity - Hidden defects
The presence of an apparent defect on a Product must give rise to a complaint by email (firstname.lastname@example.org). The Customer must comply with the procedure relating to the right of withdrawal by first informing SYMMETRIC by any means of the existence of this apparent defect, so that the return can be accepted. Subject to the validation of a non-conformity or a hidden defect by the company SYMMETRIC or the manufacturer as the case may be, the Customer benefits from the following guarantees:
The SYMMETRIC company with a share capital of 1338.90 euros whose head office is located at 111 avenue Achille Perreti, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Consumer Code and 1641 and following of Civil Code. Thus the Client:
has a period of 2 years from the delivery of the Product to act in the event of a Product's lack of conformity,
is exempt from providing proof of the existence of the lack of conformity of the goods during the 6 months following the delivery of the Product
can choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code
The legal guarantee of conformity
The legal guarantee of conformity applies independently of the commercial guarantee described below. In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee against hidden defects allows the Customer within two years from the discovery of the defect, the reimbursement of a Product which has been found to be unfit for its use.
The guarantee of hidden defects
The warranty for hidden defects allows the Customer to be protected against hidden defects in the Product purchased and which prevent its use or affect it to such an extent that the Customer would not have purchased it. The Customer then has the choice between two options: keep the Product and request a reduction in the price, or return the Product and request reimbursement of the price paid, in accordance with article 1644 of the Civil Code.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the original Order and a copy of the complaint at headquarters. SYMMETRIC company, after sending an email indicating the reason for the return of the Product. For all practical purposes, the following legal provisions are reminded:
- Art. L217-4 of the Consumer Code: "The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also responsible for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter has been charged to him by the contract or has been carried out under his responsibility. "
- Art. L217-5 of the Consumer Code: "The product conforms to the contract: 1 ° If it is suitable for the use usually expected of a similar product and, if applicable (a) if it corresponds to the description given by the seller and has the qualities which the latter presented to the buyer in the form of a sample or model; (b) if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling; 2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has accepted. "
- Art. L217-7 of the Consumer Code: “Any lack of conformity which appears within twenty-four months from the delivery of the goods is presumed to exist at the time of delivery, unless proven otherwise. For second-hand goods sold, this period is fixed at six months. The seller can combat this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity. "
- Art. L217-8 of the Consumer Code: “The buyer is entitled to demand that the goods conform to the contract. However, he cannot challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials which he himself supplied. "
- Art. L217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repairing and replacing the goods. However, the seller may not proceed according to the choice of the buyer if this choice involves a manifestly disproportionate cost with regard to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. "
- Art. L217-10 of the Consumer Code: "If the repair and replacement of the goods are impossible, the buyer can return the goods and have the price returned or keep the goods and get part of the price. The same faculty is open to him: 1 ° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month following the buyer's complaint; 2 ° Or if this solution cannot be without major inconvenience for him given the nature of the good and the use he seeks. The cancellation of the sale cannot however be pronounced if the lack of conformity is minor. "
- Art. L217-11 of the Consumer Code: “The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the allocation of damages. "
- Art. L217-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
- Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from latent defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized by law. "
- Art. 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the thing sold which makes it unfit for the use for which it is intended, or which so diminishes this use that the buyer would not have it acquired, or would have given a lower price, if he had known them. "
- Art.1642 of the Civil Code: “The seller is not liable for apparent defects of which the buyer was able to convince himself. "
- Art. 1643 of the Civil Code: “He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. "
- Art. 1644 of the Civil Code: “In the case of articles 1641 and 1643, the buyer has the choice to return the thing and have the price returned, or to keep the thing and to be returned part of the price. "
- Art. 1646 of the Civil Code: "If the seller was unaware of the defects of the thing, he will only be bound to the restitution of the price, and to reimburse the purchaser for the costs occasioned by the sale. "
- Art. 1648 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. (…) ”
In the event of an event of force majeure preventing the execution of these GTC, the company SYMMETRIC informs the Customer thereof within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment reception. Expressly, are considered force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or disputes commercial, civil unrest, insurrection, war, act of terrorism, bad weather, epidemic, blockage of transportation or supply for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes to the forms of marketing, computer failure, blocking of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing normal performance of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than 3 months, the transaction concerned may be terminated at the request of SYMMETRIC or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by force majeure.
ARTICLE 12 - PARTIAL INVALIDITY
If one or more stipulations of these GTCS are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and their scope.
ARTICLE 13 - NON WAIVER
No tolerance, inaction or inertia by SYMMETRIC can be interpreted as a waiver of its rights under the GTC.
ARTICLE 14 - SPONSORSHIP
The SYMMETRIC Company offers its customers a sponsorship program which allows the Customer to receive discounts for a next order. Sponsorship allows the sponsor to benefit from a reduction of 10 euros to their local network during their first order and to obtain 10 euros in return for their next order. The sponsor can use this sponsorship credit on their next orders on the site www.thebradery.com
A sponsor can sponsor up to 100 referrals thus obtaining up to 1000 euros of sponsorship credit.
Each entry must be linked to a unique IP address. These conditions will lead to the cancellation of the sponsorship: similar IP address between the sponsor and the godson, self-sponsorship and similar e-mail address.
The sponsor will receive their referral link by registering on the program. This unique link can only be used for personal, non-commercial use. This means that you can not communicate this link publicly on any media such as the Internet (reduction site, affiliate, forums, etc.).
Any code communicated in a public way, will generate a suppression of sponsorship credits.
For sponsorship to be taken into account, it is imperative that the Customer enters the sponsorship code when placing their order. The Customer can only benefit from one sponsorship for an order.
SYMMETRIC reserves the right, whenever necessary, to take all reasonable measures to protect itself from fraud, including more precisely verifying the identity, age, or any other element concerning a client.
If you participate in this sponsorship program, you will be deemed to have accepted, and be bound by, these general conditions.
ARTICLE 15 - MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION.
The sale of Products is subject to French law. In the event of a complaint that has not been resolved amicably by the Customer Service, and in accordance with article L612-1 of the Consumer Code, the Customer may use the MEDICYS mediation service, to which SYMMETRIC is a member, free of charge, by electronic means. '' https://app.medicys.fr/ or by post: MEDICYS - 73 boulevard de Clichy - 75009 Paris. The Mediator's Service can be seized for any consumer dispute whose settlement has not been successful. The Customer can also get in touch with the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of an amicable resolution, any dispute relating to the interpretation of the GTC, the execution or the termination of a sale, the interpretation, the execution or the termination of the present is subject, failing amicable agreement, to court.
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