General Terms and Conditions of Sale

Table of Contents

Article 1 - Introduction

Article 2 - Application of the general terms and conditions of sale

Article 3 - Site Information and Site Accessibility

Article 4 - Registration on the site

Article 5 - Orders

Article 6 - Refusal to process an order

Article 7 - Compliance with these terms and conditions by the customer

Article 8 - Price and payment terms

Article 9 - Delivery

Article 10 - Right of withdrawal - Refunds and returns

Article 11 - Guarantees - Limitation of Liability

Article 12 - Partial Disability

Article 13 - No Waiver

Article 14 - Sponsorship

Article 15 - Mediation - applicable law - competent jurisdiction.

Article 16 - Intellectual Property

Article 17 - Legal Notices

Article 18 - Personal Data


ARTICLE 1 - PRESENTATION

Our website: www.thebradery.com is published by The Bradery Company. These terms and conditions of sale are entered into between, on the one hand, the company SYMMETRIC, with a share capital of 1392.20 euros, whose registered office is located at 23 rue du mail, 75002, Paris, registered with the Paris Trade and Companies Register under number 839 442 258, hereinafter referred to as "SYMMETRIC" and managing the website thebradery.com, and, on the other hand, any natural or legal person wishing to make a purchase via the website thebradery.com, hereinafter referred to as "the Customer".

Contact details :
Telephone number: +33 07 68 91 72 77
Email address: hello@thebradery.com
Postal address: The Bradery, 23 rue du Mail, 75002 Paris
Last modified: November 28, 2024

ARTICLE 2 - APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale ("GTC") detailed below apply to all orders for products and services placed with SYMMETRIC via the Website and the application, by any person. The Customer must read the GTC before placing any order; the GTC are available on the Website.

SYMMETRIC reserves the right to adapt or modify these Terms and Conditions at any time; the version of the Terms and Conditions applicable to any sale is the one displayed online at www.thebradery.com at the time of the order. Consequently, any order placed on the website www.thebradery.com implies full and unreserved acceptance of these Terms and Conditions of Sale.

ARTICLE 3 - SITE INFORMATION AND SITE ACCESSIBILITY

www.thebradery.com is an e-commerce website owned and operated by the company SYMMETRIC.

The Site is accessible to all internet users 24/7, except in cases of interruption by SYMMETRIC or its service providers for maintenance and/or security purposes, or in cases of force majeure (as defined below). SYMMETRIC shall not be held liable for any damage of any kind resulting from the Site's unavailability. SYMMETRIC cannot guarantee that the Site will be free from anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. SYMMETRIC may, at its sole discretion, determine any period of unavailability of the Site or its content. SYMMETRIC shall also not be held liable for data transmission problems, connection issues, or network unavailability. SYMMETRIC reserves the right to modify the Site for technical or commercial reasons.

ARTICLE 4 - REGISTRATION ON THE SITE

The Client's registration on the Site is validated by the company SYMMETRIC as soon as the client receives a registration confirmation email.

When creating an account or making a purchase as a guest, the Customer must ensure the accuracy and completeness of the information they provide. The Customer is responsible for keeping their personal information up to date. In the event of an error in the recipient's contact information, SYMMETRIC cannot be held liable for the inability to deliver Products.

ARTICLE 5 - ORDERS

A confirmation email summarizing the Order (product(s), price, quantity, etc.) will be sent to the Customer by SYMMETRIC. The Customer expressly agrees to the use of email for confirmation by SYMMETRIC of the Order details.

Before placing an order, the buyer must create an account on thebradery.com. Each time the buyer visits the site, if they wish to place an order or view their account (order status, profile, etc.), they must log in using their credentials. SYMMETRIC offers buyers the option to order and pay for their products via secure credit card payment (through Stripe, Alma, PayPal, or Lydia). Accepted payment methods include credit cards and debit cards (Visa®, Mastercard®, American Express®).

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 the customer's guarantee that they have all the necessary authorizations to use the payment methods made available on the site.

Your order will only be shipped after your payment method has been verified and authorization to debit your card has been received.

SYMMETRIC does not store its customers' bank details.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgment of having full knowledge thereof and waiver of any right to invoke one's own terms and conditions of purchase.

All data provided and the recorded confirmation will serve as proof of the transaction. If the buyer has an email address and has provided it on their order form, SYMMETRIC will send them an email confirming their order registration.

If the buyer wishes to contact SYMMETRIC, they can do so by email at the following address: Hello@thebradery.com

ARTICLE 6 - REFUSAL TO PROCESS AN ORDER

SYMMETRIC reserves the right to remove any product displayed on the Site at any time and to replace or modify any content or information appearing on it. Despite SYMMETRIC's best efforts to meet its customers' expectations, it may be necessary to refuse to process an order after sending the Customer the order confirmation email. SYMMETRIC shall not be liable to the Customer or any third party for any damages resulting from the removal of a Product from the Site, or from the replacement or modification of any content or information appearing on the Site, or from the refusal to process an Order after sending the order confirmation email. SYMMETRIC also reserves the right to refuse or cancel an order from a customer with whom it has a payment dispute regarding a previous order.

ARTICLE 7 - COMPLIANCE WITH THESE TERMS AND CONDITIONS BY THE CUSTOMER

In the event of non-compliance by the Client with these Terms and Conditions and in the event of fraud, attempted fraud or payment incident, SYMMETRIC reserves the right to suspend access to the Site's services, and if necessary to terminate the Client's account, without prejudice to any damages that SYMMETRIC may be entitled to claim.

SYMMETRIC reserves the right to suspend or cancel any Order placed by the Customer in the following situations, without this list being exhaustive:

  • In the event of suspension of the Client account,

  • In the event of an order involving abnormally high or unusual quantities for a single customer

  • In case of fraud or attempted fraud

  • In case of a payment incident.

ARTICLE 8 - PRICE AND PAYMENT TERMS

Product prices are shown on the Site in euros, inclusive of VAT. All displayed prices are calculated and include the value-added tax (VAT) applicable in France.

SYMMETRIC reserves the right to modify its prices at any time, but Products will be invoiced based on the rates in effect at the time the Order is registered and paid for, subject to availability. The Customer expressly acknowledges that providing their bank card number to SYMMETRIC constitutes authorization to debit their Account for the price of the Products ordered. If applicable, a notification of Order cancellation due to non-payment will be sent to the Customer by SYMMETRIC to the email address provided by the Customer during registration on the Site. The data recorded and stored by SYMMETRIC constitutes proof of the Order and all sales transactions. The data recorded by PayPal, Alma, Lydia, or Stripe constitutes proof of any financial transaction between the Customer and SYMMETRIC. Payment in installments/deferred payment is available through our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Furthermore, we reserve the right to cancel your order for a legitimate reason, particularly in the following cases:

  • When a clear error has crept into the description of the Item/or the price (for example when a clearly derisory price is displayed and/or when there is an error in one of the essential characteristics of the product or the content of the Coupons);

  • When there is a dispute regarding payment for your order;

  • When we detect fraudulent use of our benefits and/or our referral program;

  • When we observe the creation of multiple accounts for a single user member

  • We also reserve the right to take all necessary measures to stop such irregularities (example: blocking or deleting the account).

Gift cards issued by THE BRADERY are valid for 5 months from their date of issue. After this period, they can no longer be used for purchases and no refunds will be issued for unused cards.

Purchase amount

Only purchases between €80 and €2,000 are eligible for payment with Alma.

Costs

When paying in installments with Alma, the customer does not pay any fees. Except in the following cases:

P4X: 1.95% per transaction

Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the civil code.

Termination

Any termination of the General Terms and Conditions of Sale (GTC) which bind the Seller and the customer, entails the termination of the General Terms and Conditions of Use (GTC) between Alma and the customer.

ARTICLE 9 - DELIVERY

9.1 Delivery methods and tracking

Deliveries are made from Monday to Saturday by a carrier whose contact details will be provided to the Customer upon ordering (Colissimo – Mondial Relay, etc.).

The customer is notified by email when the order is shipped. Delivery tracking details will be provided in that email.

The delivery charges applicable to the order are those indicated on the website before final order confirmation and payment, and depend on the delivery method chosen.

SYMMETRIC offers free delivery for all orders shipped to France with an amount exceeding €200.

With the exception of:
- Certain bulky or fragile items, or those requiring special delivery services, will not be eligible for free delivery, regardless of the order amount. This detail is indicated in the description of the items concerned when placing your order.
- Orders for delivery to an address outside Metropolitan France.

As stated in Article L216-L of the French Consumer Code, any risk of loss or damage to the goods is transferred to the consumer when the consumer, or a third party designated by them, takes physical possession of the goods. In the event of a lost package, please contact our team at hello@thebradery.com or fill out the following form: https://thebradery.gorgias.help/fr-FR/contact

Delivery is made to the delivery address indicated by the Customer when placing the order, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal person (delivery to his company).

In the event that delivery cannot be made due to an incorrect delivery address, no reshipment will be possible and the Customer will be reimbursed within fourteen days of receipt of the request by SYMMETRIC, which will deduct from the reimbursement the costs related to the delivery of the goods which will be borne by the Customer.

9.2 Condition of the Delivered Product

It is the Customer's responsibility to check the condition of the Product and to notify SYMMETRIC of any issues within two (2) business days of receiving the Order at the following email address: hello@thebradery.com. The Customer may also refuse the Order upon delivery if they believe the delivered package has been opened, is damaged, or shows signs of damage.

The Customer is advised to open the package in the presence of the carrier upon delivery so that the Customer can verify the condition of the delivered Product.

Any reservations that the Customer wishes to bring to the attention of SYMMETRIC must have been previously indicated on the delivery slip, in the event of hand delivery of the Order.

SYMMETRIC reserves the right to conduct an investigation with the delivery services and, if necessary, will inform the Customer.

9.3 Delivery Time and Delivery Delay

SYMMETRIC delivers orders within the timeframe indicated before final order confirmation by the customer, in accordance with Article L216-1 of the French Consumer Code. Delivery of goods is defined as the transfer of physical possession or control of the goods to the consumer. This timeframe begins on the first business day following order confirmation. Delivery times may vary depending on the period. Returns via the website are only available for France. However, we do accept returns from abroad, which are also at the customer's expense.

To ensure these delivery times can be met, the Customer must provide accurate and complete delivery address information (including, but not limited to: street number, building number, floor, access codes, names and/or intercom numbers, etc.). SYMMETRIC cannot be held liable for delivery delays that are not its fault or are due to force majeure.

As stated in Article 216-6: I.-In the event of a breach by the professional of their obligation to deliver the goods or provide the service under the conditions set out in Article L. 216-1, the consumer may:

1° Notify the professional of the suspension of payment of all or part of the price until the professional complies, under the conditions of articles 1219 and 1220 of the civil code;

2° Terminate the contract if, after having formally notified the professional to carry out the delivery or provide the service within a reasonable additional period, the latter has not complied within that period.

The contract is considered terminated upon receipt by the professional of the letter or written notice informing him of this termination, unless the professional has performed in the meantime.

II.-The consumer may, however, immediately terminate the contract:

1° When the professional refuses to deliver the goods or provide the service or when it is clear that he will not deliver the goods or provide the service;

2° When the professional fails to fulfill their obligation to deliver the goods or provide the service by the date or within the period stipulated in Article L. 216-1, and this date or period constitutes an essential condition of the contract for the consumer. This essential condition arises from the circumstances surrounding the conclusion of the contract or from an express request by the consumer before the contract was concluded.

The provisions of this article are without prejudice to the award of damages.

The refund will then take place within fourteen (14) days from the date SYMMETRIC receives the email from the Customer informing them of their intention to cancel the Order, taking into account the new delivery time.

In the event that the package is lost, SYMMETRIC may initiate an investigation with the carrier designated for the order. If necessary, the Customer will be notified by email to the address previously provided.

If the package is found, it will be sent to the Customer, who will be given a new delivery date, and according to the same procedure described in this article.

In the event that the package is misplaced and considered lost, the Customer will be informed by SYMMETRIC and/or the carrier, and SYMMETRIC will proceed to refund the total amount of the Order placed by the Customer within fourteen (14) days from receipt by SYMMETRIC.

If a shipped package is not received, the consumer must inform SYMMETRIC in writing within 14 days of the expected delivery date. Beyond this period, any claim will not be accepted.

ARTICLE 10 - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

Article 10.1. Time limit and procedures for exercising the right of withdrawal

10.1.1 Time limit for exercising the right of withdrawal

Pursuant to Article L.221-18 of the Consumer Code, the non-professional Client has a period of 14 days from receipt of the Order to exercise their right of withdrawal with the company SYMMETRIC, without having to justify their decision.

Note that in the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or the last part.

10.1.2 Procedures for exercising the right of withdrawal

If the consumer wishes to exercise their right of withdrawal, they must inform SYMMETRIC within fourteen (14) days. Pursuant to Article L221-21 of the French Consumer Code, the latter may:

Contact Customer Service electronically directly through the returns platform available on the website via the following link: https://thebradery.com/pages/demander-un-retour

In this case, The Bradery will promptly send the customer an acknowledgement of receipt of the withdrawal.

Inform him of this by means of an unambiguous written statement.

OR

Complete and send the withdrawal form available in the appendix to our Terms and Conditions (article R221-21 of the Consumer Code) to the postal address indicated below:

SYMMETRIC Company

23, rue du Mail

75002, Paris, France

If the Customer exercises their right of withdrawal, they will be sent an acknowledgement of receipt of their declaration.

As stated in Article L.221-23 of the Consumer Code, the consumer returns or hands over the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to collect these goods himself.

Products must be unused, unopened, and undamaged, and must be returned intact and unused. For items whose packaging is an integral part of the product (shoes, jewelry, etc.), the packaging must be intact to be returned. Otherwise, SYMMETRIC reserves the right to refuse the return and the refund.

When the right of withdrawal is exercised, SYMMETRIC shall reimburse the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen (14) days from the date on which it is informed of the consumer's decision to withdraw.

For contracts for the sale of goods, unless it offers to collect the goods itself, SYMMETRIC may defer reimbursement until the goods are recovered or until the consumer has provided proof of shipment of the goods, whichever occurs first.

In the event of a return, SYMMETRIC will issue a refund via gift card or to the original payment method, according to the consumer's choice when submitting their return request on the REVER returns platform. Once the refund method is validated at the time of the return request, it is considered final and cannot be changed.

SYMMETRIC is not required to reimburse additional costs if the consumer has expressly chosen a more expensive delivery method than the standard delivery method offered by SYMMETRIC.

Refunds for orders paid for with a gift card or credit note will be automatically issued as gift cards.

For customers residing in the Schengen area (except Italy, Romania, Cyprus), returns are charged to the customer at a rate of €6.99 per return, and if they wish they can make the returns at their own expense after making the corresponding request on our site as a classic return.

For customers residing outside the Schengen Area, in Italy, Romania or Cyprus, returns are at their expense after making the corresponding request on our site as a classic return.

Article 10.2 Exclusion

In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following contracts:


1° Supply of services fully performed before the end of the withdrawal period and whose performance began after the consumer's express prior agreement and express waiver of their right of withdrawal;


2° The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods liable to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° Supply of goods which, after delivery, are, by their nature, inseparably mixed with other articles;

7° Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed upon at the conclusion of the contract depends on market fluctuations beyond the control of the professional;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° The supply of audio or video recordings or computer software which have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts to these publications;

11° Concluded during a public auction;

12° Provision of accommodation services, other than residential accommodation, transport services for goods, car rentals, catering or leisure activities which must be provided on a specific date or during a specific period;

13° Supply of digital content not supplied on a tangible medium where performance has begun after the consumer’s prior express consent and express waiver of their right of withdrawal.

The consumer can only be held liable in the event of depreciation of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with point 7 of article L. 221-5.

Beyond this 14-day period, the sale is firm and final.

Article 10.3. Procedures for returning the Order under the right of withdrawal.

The right of withdrawal may be exercised without penalty.

Pursuant to Article L.221-23 of the Consumer Code, the consumer returns or hands over the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw in accordance with Article L. 221-21, unless the professional offers to collect these goods himself.

Beyond this 14-day period, the sale is final. The consumer can only be held liable for any depreciation of the goods resulting from handling other than what is necessary to establish the nature, characteristics and proper functioning of the goods, provided that the professional has informed the consumer of their right of withdrawal, in accordance with point 7 of Article L. 221-5 .

To return an item, the customer can use the prepaid label system, available on the website via the following link: https://thebradery.com/pages/demander-un-retour . Products must be returned to the address indicated on the return slip received by the customer.

Once the consumer has exercised their right of withdrawal, they have a maximum of fourteen (14) days to return the products. To simplify the process, The Bradery offers its customers the option of using its prepaid label system.

If the customer does not wish to use the standard return procedure via the prepaid label system, they are strongly advised to return the product via Colissimo with signature confirmation. Indeed, in the event of a dispute, it will be the consumer's responsibility to prove that their package was received at our premises. In this case of return, the customer must include with the returned product any document that allows for its identification (invoice, order summary, etc.).

Pursuant to Article L221-23, paragraph 2 of the French Consumer Code, return shipping costs are the responsibility of the customer. This amount will be deducted from the product refund. The customer also bears any risks associated with the return. The Bradery is not obligated to reimburse the consumer for any additional costs if the consumer chose a more expensive delivery method than the one offered by The Bradery.

If, due to the nature of the product (size, value, weight, etc.), it cannot be shipped using our prepaid label system, the return shipping costs are, as a guideline, between €50 and €200 (this price range is not binding on The Bradery). The exact prices are specified in the product descriptions of the items concerned.

Products must be unused, undamaged, and clean. Ideally, they should be returned in their original packaging, or packaged and protected as much as possible in their original packaging.


Article 10.4. Refund of Products returned under the right of withdrawal

The Bradery is committed to refunding the consumer the full amount paid, including delivery charges (Article L221-24 of the French Consumer Code). However, The Bradery is not obligated to reimburse the consumer for any additional costs incurred if the consumer chose a more expensive delivery method than the one offered by The Bradery.

Pursuant to Article L221-24 of the Consumer Code, The Bradery undertakes to reimburse its consumers within fourteen (14) days from the date of receipt of the returned product or receipt of proof of its shipment.

SYMMETRIC will issue the refund using the same payment method used for the Order, unless the Customer agrees to use a different method and provided that the refund does not incur any costs for the consumer. If the Customer fails to comply with these Terms and Conditions, SYMMETRIC will not be able to refund the Products in question.

Returns via the website are available for France and abroad.

Returns are free if the order is refunded in the form of a voucher (valid for 6 months after receipt). Return shipping costs are €6.99 per return, payable by the customer. Alternatively, the customer can return items at their own expense after submitting the corresponding request on our website, just like a standard return.

In other cases, you pay the return shipping costs directly to the carrier you choose.

If, due to the nature of the product (size, value, weight, etc.), it cannot be shipped using our prepaid label system, the return shipping costs are, as a guideline, between €50 and €200 (this price range is not binding on The Bradery). The exact prices are specified in the product descriptions of the items concerned.

Products must be unused, undamaged, and clean. Ideally, they should be returned in their original packaging, or packaged and protected as much as possible in their original packaging.

ARTICLE 11 - GUARANTEES

11.1 Responsibilities

SYMMETRIC is obligated to deliver Products that conform to the contractual provisions. Products are considered to conform to the contractual provisions if the following conditions are met:

-they must conform to the description and possess the characteristics set out on the Site;

-they must be suitable for the purposes for which products of this kind are generally designed;

-they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.

Furthermore, SYMMETRIC guarantees consumers against defects in conformity and hidden defects for Products sold on the Site under the following conditions:

11.2 Legal guarantee of conformity

The products sold on The Bradery website are subject to the regulations relating to the legal guarantee of conformity provided for in Articles L217-3 et seq. of the Consumer Code and to the guarantee against hidden defects provided for in Articles 1641 et seq. of the Civil Code.

11.2.1 The legal guarantee of conformity

In accordance with the provisions of Article L217-4 et seq. of the Consumer Code (reproduced below), the products sold by the company SYMMETRIC on the website www.Thebradery.com are subject to the legal guarantee of conformity.

The consumer has two years from the date of delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to prove the existence of the lack of conformity, not the date on which it appeared.


When a sales contract provides for the continuous provision of digital content or a digital service for a period exceeding two years, the statutory guarantee applies to that digital content or service throughout the entire provision period. During this period, the consumer is only required to prove the existence of the lack of conformity affecting the digital content or service, not the date on which it appeared.


The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.


The legal guarantee of conformity gives the consumer the right to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to them.


If the item is repaired under the legal 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 insists on replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.


The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by receiving a full refund upon return of the goods, if:


1° The professional refuses to repair or replace the item;


2° The repair or replacement of the item takes place after a period of thirty days;


3° The repair or replacement of the goods causes a major inconvenience for the consumer, in particular when the consumer permanently bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;


4° The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.


The consumer is also entitled to a price reduction or cancellation of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or cancellation. In such cases, the consumer is not required to request repair or replacement of the goods beforehand.


The consumer is not entitled to rescind the sale if the lack of conformity is minor.


Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired goods.


The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.


A seller who obstructs in bad faith the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of the average annual turnover ( Article L. 241-5 of the Consumer Code ).


The consumer also benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code , for a period of two years from the discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept or to a full refund upon return of the goods.


In accordance with the provisions of Article L217-10 et seq. of the Consumer Code, the Customer has the right to bring the goods into conformity by repair or replacement or, failing that, to a reduction in price or to the termination of the contract, under the conditions provided for by the legal provisions and reproduced below.

11.2.2 The warranty against hidden defects

The Customer may also invoke the legal guarantee for hidden defects in the thing sold, within the meaning of Articles 1641 et seq. of the Civil Code (reproduced below).

According to Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."


The legal guarantee against hidden defects allows the Customer, within two years of discovering the defect, to request a full refund for the Product that has proven unfit for its intended use, or a partial refund if they decide to keep it, in accordance with the provisions of Article 1644 of the Civil Code.

To do this, the Customer must prove that the defect existed before the delivery of the product and was not apparent at the time of delivery.

11.2.4 - Implementation procedures for guarantees

To implement these guarantees, the Customer must contact Customer Service by sending an email to hello@thebradery.com

This request for implementation must specify the non-conformity or hidden defect observed. SYMMETRIC reserves the right to request one or more photos to support the claim.

Upon receipt of this request, SYMMETRIC will send the Client an acknowledgement of receipt of their request.

In the event of implementation of the Guarantee, accepted by SYMMETRIC, the Product must then be returned, with the references of the initial Order and a copy of the claim stating the reason for the return of the Product, to the head office of SYMMETRIC.

For the record, the following legal provisions are recalled:

- Article L217-3 of the Consumer Code: "The seller must deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when the latter was the seller's responsibility under the contract or was carried out under the seller's supervision."

- Article L217-5 of the Consumer Code: "Goods conform to the contract: 1° If they are fit for the purpose for which goods of the same type are normally used and, where applicable, (a) if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model; (b) if they possess the qualities that a buyer may legitimately expect, having regard to the public statements made by the seller, the producer or their representative, particularly in advertising or labeling; 2° Or if they possess the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller."

- Article L217-7 of the Consumer Code: "Any lack of conformity which appears within twenty-four months of delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. For second-hand goods, this period is set at six months. The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity."

- Article L217-8 of the Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. However, he may not contest conformity by invoking a defect that he knew of or could not have been unaware of when he entered into the contract. The same applies when the defect originates from materials that he himself supplied."

- Article L217-9 of the Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement of the goods. However, the seller may refuse to proceed according to the buyer's choice if that choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the significance of the defect. In that case, the seller is required to proceed, unless impossible, according to the option not chosen by the buyer."

- Article L217-10 of the Consumer Code: "If repair and replacement of the goods are impossible, the buyer may return the goods and receive a full refund or keep the goods and receive a partial refund. The buyer has the same option: 1° If the solution requested, offered, or agreed upon pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without significant inconvenience to the buyer, taking into account the nature of the goods and the intended use. However, the sale cannot be rescinded if the lack of conformity is minor."

- Article L217-11 of the Consumer Code: "The application of the provisions of Articles L. 217-9 and L. 217-10 shall take place at no cost to the buyer. These same provisions do not preclude the awarding of damages."

- Article L217-12 of the Consumer Code: "The action resulting from the lack of conformity is time-barred two years from the delivery of the goods."

- Article L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to bring an action based on latent defects as provided for in Articles 1641 to 1649 of the Civil Code or any other contractual or extra-contractual action recognized by law."

- Article 1641 of the Civil Code: "The seller is bound by a warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known of them."

- Article 1642 of the Civil Code: "The seller is not liable for apparent defects which the buyer could have discovered for himself."

- Article 1643 of the Civil Code: "He is liable for hidden defects, even if he was unaware of them, unless, in that case, he stipulated that he would not be bound by any guarantee."

- Article 1644 of the Civil Code: "In the cases referred to in Articles 1641 and 1643, the buyer has the choice of returning the item and receiving a refund of the price, or keeping the item and receiving a partial refund."

- Article 1646 of the Civil Code: "If the seller was unaware of the defects in the item, he shall only be required to refund the price and reimburse the buyer for the expenses incurred by the sale."

- Article 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. (...)"

11.2.5 Exclusion of Warranties

The warranties referred to above do not apply to products modified or repaired by the Customer, nor if the Customer has integrated or added any element whatsoever to the Product.

The guarantee does not apply to apparent defects under the legal guarantee against hidden defects.

Similarly, the warranty will not cover products damaged due to misuse or improper packaging during their return to SYMMETRIC.

ARTICLE 12 - PARTIAL DISABILITY

If one or more provisions of these Terms and Conditions are held to be invalid or declared as such pursuant to a law, regulation or as a result of a final decision of a competent court, the other provisions shall remain in full force and effect.

ARTICLE 13 - NO WAIVER

No tolerance, inaction or inertia on the part of SYMMETRIC shall be interpreted as a waiver of its rights under the General Terms and Conditions.

ARTICLE 14 - Loyalty Program – The Club by The Bradery

Last updated: 31/07/2025

1. Purpose of The Club Program

The Club is The Bradery 's loyalty program, designed to reward customer loyalty. It is based on two main elements:

  • Brads are loyalty points that can be accumulated and used as a discount when ordering.
  • Statuses , awarded based on customer activity (number of orders and amount spent), and offering exclusive benefits.

The Program is accessible to all users with a customer account on The Bradery mobile application, it is free and without obligation.

2. How the Statutes Work

2.1 Conditions for obtaining status

  • Member: Create an account
  • Insider: 1 order + €100 spent (excluding delivery fees, excluding travel sales)
  • Star: 3 orders + €400 spent (excluding delivery fees, excluding travel sales)
  • Legend: 5 orders + €1500 spent (excluding delivery fees and travel sales) + referral of a friend

Important: all conditions must be met to unlock a status.

2.2 Calculation period and validity of the statutes

  • Status is determined based on orders placed and amount spent since January 1 of the current year (year N).
  • Once a status is obtained, it is retained until December 31 of the following year (year N+1) .
  • If, during year N+1, the conditions of a status are no longer met, the client will regain the status corresponding to their activity of year N+1 from January 1 of year N+2.
  • Order and spending counters are reset every January 1st .


2.3 Triggering the change of status

  • The new status is unlocked 14 days after receipt and validation of the order which enabled the conditions to be met.
  • If the order is refunded, which allowed the change to the new status, the customer will return to the previous status.
  • In exceptional cases, Brads may be credited before final validation. If the order is cancelled or returned, the customer will revert to their previous status.


3. Advantages associated with the status

  • Member: Referral program that offers €15 to the referred friend and earns 1500 Brads for the referrer
  • Insider: Referral program that offers €15 to the referred friend and earns 1500 Brads to the referrer; a free delivery code
  • Star: Referral program that offers €15 to the referred friend and earns 2000 Brads to the referrer; a free delivery code; cashback of 1 Brad earned per euro spent
  • Legend: Referral program that offers €15 to the referred friend and earns 2000 Brads to the referrer; a free delivery code; cashback of 2 Brads earned per euro spent; 1000 Brads awarded on the member's birthday


Note: Travel sales are not included in the calculations and order amounts that allow for status changes are taken into account excluding delivery costs.


4. Brads: how they work and how to use them

4.1 Obtaining the Brads

Via cashback (Star and Legend statuses only):

  • Star : 1 Brad per € spent
  • Legend : 2 Brads per € spent

Note : Cashback applies only to the order amount (excluding delivery charges and travel sales).

By challenges:

  • Occasional challenges may allow you to win Brads via the application.

By connection challenge:

  • Logging in to the app for several days in a row allows you to win Brads.

Through sponsorship:

  • See Section 6 for details on sponsorship.

4.2 Brads Credit

  • Brads obtained through cashback are credited 14 days after receipt of the order (or the last package if the order was shipped in multiple packages).
  • Brads earned through challenges are credited immediately.
  • In case of cancellation or return of the order, the Brads are deducted from the balance .

4.3 Use of Brads

  • 100 Brads = €1 discount
  • No minimum quantity is required for their use.
  • Usable on The Bradery mobile app and website, at checkout.
  • They are automatically converted into a promo code applied to the order .
  • Not valid for travel sales.
  • The order must have a minimum amount of €50 (excluding delivery charges).
  • Delivery costs are always the responsibility of the customer (except when using a code offering free delivery, up to a limit of delivery costs less than €10).

4.4 Validity Period of Brads

  • Brads have a validity period of 6 months from their credit date.
  • The balance and details of the Brads can be seen in The Club > My Brads tab of the application.


5. Free delivery codes

  • Valid for 6 months from the date of issue.
  • Applicable only to orders of at least €50 (excluding delivery charges).
  • Covers up to €10 maximum delivery charges .
  • Only one code can be used per order.
  • Not cumulative.


6. The Sponsorship Program

6.1 Operation

  • Every customer with an account can refer others.
  • To sponsor a friend, simply go to My Account > Sponsorship section > Share my link .
  • The referred friend receives a €15 discount valid on an order of at least €50 .
  • The code is valid for 3 months .
  • Once the order of the referred customer is validated, the sponsor receives Brads, according to their status at the time the order of the referred customer was placed .


Brads earned by status:

  • Member: 1500 Brads
  • Insider: 1500 Brads
  • Star: 2000 Brads
  • Legend: 2500 Brads


From August 1, 2025, referrals made using a link other than the one provided in the customer area will not earn Brads or grant Legend status. They will instead generate a promo code sent by email , which will not be visible in The Club area.


7. Program tracking in the application

  • The mobile application has a dedicated space called The Club .
  • Users will find the following there:
    • Their current status and its evolution
    • Brads' sale
    • Promo codes earned
    • Details of the conditions (cashback, validity, delivery, etc.)
  • Codes sent by Customer Service (e.g., goodwill gestures) are not displayed in The Club.


8. Modification and termination of the Program

The Bradery reserves the right to modify or terminate The Club program, its statutes, terms, or benefits at any time without prior notice. In the event of program termination, any unused Brads will be permanently forfeited without compensation.


9. Personal Data

The data processed within the framework of the Program is used in accordance with The Bradery's Privacy Policy, available on the website and the application.

ARTICLE 15 - MEDIATION - APPLICABLE LAW - COMPETENT JURISDICTION.

The sale of the Products is subject to French law.

The choice of French law cannot, however, deprive the consumer Client residing outside of France of the application of the mandatory and consumer protection provisions provided for by the law of the country in which the Client has his habitual residence, provided that SYMMETRIC carries out its activity or directs its activity towards that country.

In the event of a dispute arising from an order or sale, the Customer may submit a written complaint to Customer Service at hello@thebradery.com . If the complaint is not resolved amicably by Customer Service, and for a period of one (1) year, the Customer may use the free mediation service CM2C, of ​​which SYMMETRIC is a member, electronically at cm2c@cm2c.net or by mail: CM2C – 49, rue de Ponthieu, Paris (75008), or via their website https://www.cm2c.net/, in accordance with Article L. 612-1 of the French Consumer Code. The mediator's service may be contacted for any consumer dispute for which an amicable settlement has not been reached.

The Customer may also contact the online dispute resolution platform provided by the European Commission at the following address: http://ec.europa.eu/consumers/odr/, particularly in the event of a cross-border dispute.

Furthermore, the Client always retains the right to take legal action to resolve a dispute. Any dispute must be submitted exclusively to the competent courts within the jurisdiction of the Court of Appeal of Paris, or, if the Client is a consumer, to any legally competent court.


ARTICLE 16 - INTELLECTUAL PROPERTY

All elements reproduced on the site (including in particular photographs, videos, logos, graphic charter, texts, data…) are the exclusive property of SYMMETRIC SAS and are protected by copyright, trademark law, unfair competition law and database law.

Any use of content published under the name “THE BRADERY” on social media platforms such as Google, TikTok, Instagram, Facebook, and LinkedIn is strictly prohibited without prior contractual authorization from SYMMETRIC SAS. This includes all creations, such as inventions, literary and artistic works, names, titles, logos, images, and designs, etc.

The social networks mentioned and belonging to SYMMETRIC SAS are as follows:

https://www.tiktok.com/@thebradery

https://www.instagram.com/thebradery/ 

https://www.linkedin.com/company/the-bradery/

Any reproduction and any distribution, even partial, of these elements, without prior and express authorization from SYMMETRIC SAS, exposes offenders to legal proceedings.

The products marketed by SYMMETRIC SAS are also protected by intellectual property law and may not be copied. SYMMETRIC SAS reserves the right to take any appropriate legal action against any third party that copies its products.

ARTICLE 17 - LEGAL NOTICES



Thebradery.com holds travel agent license no. IM075220043 issued by the Prefecture of Seine Saint-Denis and has financial guarantee with the company Groupama Assurance-crédit et Caution, 8-10 rue d'Astorg - 75008 Paris (company governed by the Insurance Code).

"In accordance with Article L.223-2 of the Consumer Code, we inform our customers of their right to register free of charge on the telephone marketing opt-out list by clicking on the following link: https://www.bloctel.gouv.fr/"

In accordance with Article L541-10-13 of the Environmental Code, our company is registered with ADEME under the Extended Producer Responsibility (EPR) scheme.

Unique Identifier: FR417668_01TYHP


Contact details :

Telephone number: +33 07 68 91 72 77

Email address: hello@thebradery.com

Postal address: The Bradery, 23 rue du Mail, 75002 Paris

Last modified: November 28, 2024

APPENDIX 1

(Please complete and return this form only if you wish to withdraw from the contract.)

To: SYMMETRIC, 23 rue du mail, 75002 Paris – France hello@thebradery.com

I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s):

Consumer address(es):

Signature of the consumer(s) (only if this form is submitted on paper):

Date :

(*) Delete as appropriate.


LEGAL INFORMATION

I. Publisher

The company SYMMETRIC with a share capital of 1338.90 euros whose registered office is located at 23 rue du mail, registered with the Nanterre Trade and Companies Register under number 839 442 258.

The publication director is Mr. Timothée Linyer. 

The site is hosted on Shopify.

Contact: hello@thebradery.com

These Legal Notices for the Website are intended for customers and internet users visiting the Site.

II. Intellectual Property

All elements present on the website www.thebradery.com, whether textual, visual or audio, are the exclusive property of The Bradery and are therefore protected by intellectual property law and copyright.
Therefore, any reproduction of The Bradery brand or website www.thebradery.com, in whole or in part, is strictly prohibited.
Linking to our website is permitted provided it remains fair and does not damage The Bradery's reputation or standing. Linking in such a way as to suggest a partnership or association where none exists is prohibited.


III. cookies

Your use of the Site is subject to this Cookie Policy. Your use of the Site is also subject to all applicable laws and regulations, including those governing copyright, trademarks, and all other intellectual property rights.


To facilitate your browsing on the Site, SYMMETRIC uses cookies or similar technologies. These cookies provide you with a better service by recording information about your browsing activity. 


On this Site, cookies serve several functions: firstly, they allow you to navigate efficiently between pages and, above all, improve your experience on the Site. They also help ensure that online advertisements are tailored to you and your interests.
The cookies used on this Site are classified into four categories: strictly necessary cookies, cookies contributing to the performance of the Site, cookies recording functional requests and targeted cookies.
By using this Site, you agree to the placement of these cookies on your device.


You can restrict or block cookies from this Site by configuring your browser settings (or those of any other website). Your browser may contain information on how to adjust your settings. You can also visit www.allaboutcookies.org for general information about cookies and how to adjust cookie settings in various browsers.

 
Please note that restricting cookies may impact the functionality of the Site.

ARTICLE 18 - PERSONAL DATA

Please refer to our Privacy Policy.