TERMS OF SALES

 

These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by an internet user / natural person (hereinafter the "CUSTOMER") on the website www.brands-expert.com ( hereinafter the "SITE") with Space Market , SAS registered in the Gennevilliers trade and companies register under number 53050532000016, having its registered office at 54 Rue du 19 Janvier, 92380, Garches, France Tel: 0147927285, Fax: 0147927282 , email: info@brands-expert.com (hereinafter the "SELLER").  
 
 

IMPORTANT
Any order placed on the SITE necessarily implies the CLIENT's unconditional acceptance of these general conditions of sale.

 

Article 1. Definitions    

The terms used below have the following meaning in these General Conditions:

  • "CUSTOMER" : designates the SELLER's contracting partner, who guarantees to have the quality of consumer as defined by French law and jurisprudence. As such, it is expressly provided that this CUSTOMER acts outside any usual or commercial activity. 
  • "DELIVERY" : designates the first presentation of the PRODUCTS ordered by the CUSTOMER at the delivery address indicated when ordering. 
  • "PRODUCTS" : designates all the products available on the SITE. 
  • "TERRITORY" : designates Metropolitan FRANCE (excluding DOM / TOM). 

Article 2. Purpose    

These General Conditions govern the sale by the SELLER to its CUSTOMERS of PRODUCTS.

The CUSTOMER is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SELLER's sales department in order to benefit from separate contractual conditions.

 

Article 3. Acceptance of the general conditions    

The CUSTOMER undertakes to read these General Conditions carefully and accept them, before paying for an order for PRODUCTS placed on the SITE. These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to read carefully, download, print the General Conditions and to keep a copy. The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of these Conditions applying to any new order for PRODUCTS. By clicking on the first button to place the order and then on the second to confirm the said order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition. 
 

Article 4. Purchase of products on the site    

To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives. The CUSTOMER will be invited to provide information to identify him by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. The tracking of DELIVERIES can, if necessary, be done using the online tracking tools of certain carriers. The CUSTOMER can also contact the SELLER's sales department at any time by email, at the address info@brands-expert.com, in order to obtain information on the status of his order. The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up to date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated. 

Article 5. Orders    

         Article 5.1 Characteristics of the products


The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law (in these General Conditions).

The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.

Unless expressly stated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with European legislation in force and the standards applicable in France.

         Article 5.2. Order procedure    


PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER start page, the steps may differ slightly).

                  5.2.1. Selection of PRODUCTS and purchase options    


The CUSTOMER must select the PRODUCT (s) of his choice by clicking on the concerned PRODUCT (s) and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER basket. The latter can then add as many PRODUCTS to his basket as he wishes.

                  5.2.2. Orders    


Once the PRODUCTS have been selected and placed in their basket, the CUSTOMER must click on the basket and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.

Once the CUSTOMER has validated the contents of the basket and has identified / registered, an online form will be displayed to his attention, automatically completed and summarizing the price, applicable taxes and, where applicable, the costs of delivery.

The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before confirming its content.

The CUSTOMER can then pay for the PRODUCTS by following the instructions on the SITE and provide all the information necessary for billing and DELIVERY of the PRODUCTS. Concerning the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.

The CUSTOMER must also select the delivery method chosen.

                  5.2.3. Acknowledgment of receipt    


Once all the steps described above are completed, a page appears on the SITE in order to acknowledge receipt of the CLIENT's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by email, provided that the email address communicated using the registration form is correct. .

The SELLER does not send any order confirmation by post or fax.

                  5.2.4. Billing    


During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).

The CUSTOMER must in particular clearly indicate all the information relating to DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.

The CUSTOMER must then specify the payment method chosen.

Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Whatever the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.

         5.3. Date of the order

The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE do not start to run until this date.

         5.4. Price

For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros all taxes included, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).

The prices include in particular the value added tax (VAT) at the rate in force on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate. The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales. The indicated prices are valid, except gross error. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER. 

         5.5. Availability of PRODUCTS    

The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS can also be informed of the SELLER's restocking of a PRODUCT.

In any event, if unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable and to reimburse him.

Article 6. Right of withdrawal    

The modalities of the right of withdrawal are provided for in the "withdrawal policy", policy available in Annex 1 hereto and accessible at the bottom of each page of the SITE via a hypertext link.  

 

Article 7. Payment    

         7.1. Means of payment

The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.

The CUSTOMER guarantees to the SELLER that he holds all the authorizations required to use the chosen means of payment.

The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online in the context of online payment on the SITE. It is for this reason specified that all the information relating to the payment provided on the SITE is transmitted to the SITE bank and is not processed on the SITE. 

         7.2. Payment date

In the event of a single payment by credit card, the CUSTOMER's account will be debited upon the order of PRODUCTS placed on the SITE.

In the event of partial DELIVERY, the total amount will be debited from the CUSTOMER's account at the earliest when the first package is dispatched. If the CUSTOMER decides to cancel their order for unavailable PRODUCTS, reimbursement will be made in accordance with the last paragraph of article 5.5 of these General Conditions.

         7.3. Late or refused payment


If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the SELLER's Customer Service in order to pay for the order by any other valid means of payment.

In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money owed by the CUSTOMER would prove impossible, the order will be canceled and the sale automatically terminated.

 

Article 8. Proof and Archiving    

Any contract concluded with the CUSTOMER corresponding to an order of an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with article L. 134-2 of the consumer code. The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the request of the CLIENT. In the event of a dispute, the SELLER will have the opportunity to prove that his electronic tracking system is reliable and that he guarantees the integrity of the transaction. 

Article 9. Transfer of ownership    

The SELLER remains the owner of the PRODUCTS delivered until their complete payment by the CUSTOMER.

The above provisions do not preclude the transfer to the CUSTOMER, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risk of loss or damage to the PRODUCTS subject to the reservation of property, as well as the risks of damage they may cause.

 

Article 10. Delivery    

The methods of DELIVERY of PRODUCTS are provided for in the "delivery policy" referred to in Annex 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.  

Article 11. Packaging    

The PRODUCTS will be packed in accordance with current transport standards, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS agree to comply with the same standards when they return PRODUCTS under the conditions set out in Annex 1 - Cancellation policy.

Article 12. Guarantees    

         12.1. Guarantee of conformity

Article L.211-4 of the Consumer Code : “ The seller is required to deliver goods in conformity 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 this has been charged to him by the contract or has been carried out under his responsibility. » Article L.211-5 of the Consumer Code : To comply with the contract, the product must: 1 ° Be suitable for the use usually expected of a similar product and, if necessary: - correspond to the description given by the seller and possess the qualities which the latter presented to the buyer in the form of a sample or model; - have the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, especially in advertising or labeling; 2 ° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. The SELLER is required to deliver a conforming PRODUCT, that is to say suitable for the expected use of a similar good and corresponding to the description given on the SITE. This conformity also presupposes that the PRODUCT has the qualities that a buyer can legitimately expect in view of the public declarations made by the SELLER, including in advertisements and on labeling. In this context, the SELLER is liable for non-conformities existing at the time of issue and any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to him or has been carried out under his responsibility. The action resulting from the lack of conformity lapses two (2) years after delivery of the PRODUCT. (Article L.211-12 of the Consumer Code) In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at his choice. However, if the cost of the CUSTOMER's choice is manifestly disproportionate compared to the other possible option, taking into account the value of the PRODUCT or the importance of the defect, the SELLER may proceed to a refund, without following the chosen option by the customer. In the event that a replacement or repair would be impossible, the SELLER agrees to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Euroservices Partner - Stock Brands Expert - 42 rue de l'Industrie - 67160 Wissembourg. . Finally, the CUSTOMER is exempt from providing proof of the existence of the lack of conformity of the PRODUCT during the six (6) months following the delivery of the goods. It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, if any, on the PRODUCTS.   

         12.2. Hidden defects guarantee


The SELLER is bound by the guarantee for hidden defects of the PRODUCT sold which make it unfit for the use for which it is intended, or which so diminish this use that the CUSTOMER has not acquired it, or has given it than a lower price, if he had known them. (Article 1641 of the Civil Code) This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between the reimbursement of the price of the PRODUCT if it is returned and the reimbursement of part of its price, if the PRODUCT is not returned. In the event that a replacement or repair would be impossible, the SELLER agrees to return the price of the PRODUCT within 30 days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address: Euroservices Partner - Stock Brands Expert - 42 rue de l'Industrie - 67160 Wissembourg. The action resulting from latent defects must be brought by the CUSTOMER within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code) 


Article 13. Liability    

The SELLER cannot be held liable in any case in the event of non-performance or poor performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order.

The SELLER cannot be held responsible, or considered to have failed in the present, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law French courts and tribunals.

It is also specified that the SELLER does not control the websites which are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published there. Links to third party websites are provided for informational purposes only and no warranty is given as to their content.

Article 14. Personal data    

The SELLER collects personal data about his Customers on the SITE, including through cookies. CUSTOMERS can deactivate cookies by following the instructions provided by their browser.

The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers promotions and / or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.

The CLIENT's data is kept confidentially by the SELLER in accordance with his declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law.

CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.

The data may be communicated, in whole or in part, to the SELLER's service providers involved in the order process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its commercial partners, provided that they have given their prior agreement when registering on the SITE.

The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their mind at any time on the SITE or by contacting the SELLER.

The SELLER can also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.

In accordance with law n ° 78-17 of January 6, 1978 relating to data processing and freedoms, the CUSTOMER has a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an email to the address: info@brands-expert.com or by sending a letter to 54 Rue du 19 Janvier, 92380, Garches.

It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.

 

Article 15. Complaints    

The SELLER provides the CUSTOMER with a "Customer telephone service" at the following number: (number not surcharged).

Any written complaint from the CLIENT must be sent to the following address: 54 Rue du 19 Janvier, 92380, Garches.

Article 16. Intellectual property 

All the visual and audio elements of the SITE, including the underlying technology used, are protected by copyright, trademark and / or patent law.

These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the authorization of the SELLER in writing.

This authorization of the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE which use techniques such as framing or insertion by hypertext links ( in-line linking ) are strictly prohibited.

Article 17. Validity of the General Conditions    

Any modification of the laws or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision in no way authorizes CUSTOMERS to disregard these General Conditions.

All conditions not expressly dealt with herein will be governed by the practice of the retail sector for companies whose head office is located in France.

Article 18. Modification of the General Conditions    

These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online. The General Conditions are precisely dated and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order. Changes to the General Conditions will not apply to PRODUCTS already purchased. 

 

Article 19. Jurisdiction and applicable law    

These General Conditions and the relations between the CLIENT and the SELLER are governed by French law.

In the event of a dispute, only the French courts will have jurisdiction.

However, prior to any recourse to the arbitral or state judge, negotiation in a spirit of loyalty and good faith will be favored with a view to reaching an amicable agreement when any conflict relating to this contract occurs, including relating to its validity.

The party wishing to implement the negotiation process must inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. If at the end of a period of fifteen (15) days, the parties cannot reach an agreement, the dispute will be submitted to the competent court designated below.

Throughout the negotiation process and until its conclusion, the parties refrain from exercising any legal action against each other and for the conflict subject to negotiation. By way of exception, the parties are authorized to apply to the court for interim measures or to request the making of an order on request. A possible action before the court of summary proceedings or the implementation of a procedure on request does not involve on the part of the parties any waiver of the clause of amicable arrangement, except express will.

ANNEX 1

WITHDRAWAL POLICY

Principle of withdrawal

The CUSTOMER has in principle the right to return or return the PRODUCT to the SELLER or to a person designated by the latter, without undue delay, and at the latest within fourteen (14) days of the communication of his decision to retract, unless the SELLER offers to collect the PRODUCT himself.

Withdrawal

period The withdrawal period expires fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the carrier and designated by the CUSTOMER, takes physical possession of the PRODUCT.

In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) calendar days after the day on which the CUSTOMER, or a third party other than the transporter and designated by the CUSTOMER, physically takes possession of the last PRODUCT delivered.

Notification of the right of withdrawal

To exercise their right of withdrawal, the CUSTOMER must notify their decision to withdraw from this contract by means of an unambiguous declaration, sent to: Brands-Expert, 54 Rue du 19 Janvier, 92380, Garches or info@brands-expert.com.

He can also use the form below:

WITHDRAWAL FORM

To the attention of [*] (* Contact details of the SELLER)

Telephone number of the SELLER *: Fax number of the SELLER *: E-mail address of the SELLER *: I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below: PRODUCT reference Invoice number: Purchase order number: - Ordered on [____________] / received on [________________] - Method of payment used: - Name of the CLIENT and, if applicable, the beneficiary of the order: - CUSTOMER address: - Delivery address: - CUSTOMER signature (except in case of transmission by email) - Date 


In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of withdrawal

In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse the totality of the sums paid, including the delivery costs without undue delay and, in any event, no later than fourteen (14 ) days from the day the SELLER is informed of the CUSTOMER's wish to withdraw.

The SELLER will reimburse using the same means of payment as that which the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any event, this reimbursement will not incur costs to the customer. The SELLER may defer the reimbursement until receipt of the goods or until the CUSTOMER has provided proof of shipment of the goods, the date chosen being that of the first of these facts. Return terms The CUSTOMER must, without undue delay and, in any event, no later than fourteen (14) days after communicating its decision to withdraw from this contract, return the goods to the address: Euroservices Partner - Stock Brands Expert - 42 rue de l'Industrie - 67160 Wissembourg .. This deadline is deemed to be respected if the CUSTOMER returns the goods before the expiration of the period of fourteen days. Return costs Return costs are offered for all customers who have ordered directly from the store (except DOM TOM). Condition of the returned item The PRODUCT must be returned according to the SELLER's instructions and include in particular all the accessories delivered. The CUSTOMER is only liable for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but its responsibility could be engaged if it proceeds to manipulations other than those which are necessary. Exclusions from the right of withdrawal The right of withdrawal is excluded in the following cases: 

  • Supply of goods or services whose price depends on fluctuations on the financial market
  • Supply of goods made to CUSTOMER specifications or clearly personalized
  • Supply of goods liable to deteriorate or expire quickly
  • Supply of audio or video recordings or sealed software which have been unsealed after delivery
  • Newspaper, periodical, magazine (except subscription contract)
  • Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services linked to leisure activities if the offer provides a specific date or period of execution
  • Supply of goods which by their nature are inseparably mixed with other articles
  • Supplies of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CUSTOMER after DELIVERY
  • the supply of alcoholic beverages the price of which was agreed at the time of the conclusion of the sales contract, the delivery of which can only be made after 30 days and the real value of which depends on fluctuations in the market beyond the control of the SELLER
  • Supply of digital content not supplied dematerialized if execution has started with the express prior agreement of the consumer, who also recognizes that he will thus lose his right of withdrawal
  • the contracts concluded at a public auction



ANNEX 2

DELIVERY POLICY

Delivery area

The PRODUCTS offered can only be delivered in the TERRITORY.

It is impossible to place an order for any delivery address located outside this TERRITORY. The PRODUCTS are sent to the delivery address (s) that the CUSTOMER has indicated during the ordering process. Shipping time The times to prepare an order and then establish the invoice, before shipping the PRODUCTS in stock are mentioned on the SITE. These deadlines are excluding weekends or public holidays. An electronic message will be automatically sent to the CUSTOMER when the PRODUCTS are dispatched, provided that the electronic address appearing in the registration form is correct. Delivery times & costs During the order process, the SELLER indicates to the CUSTOMER the possible delivery times and formulas for the PRODUCTS purchased. Shipping costs are calculated according to the delivery method. The amount of these costs will be due by the CUSTOMER in addition to the price of the PRODUCTS purchased. Details of delivery times and costs are detailed on the WEBSITE. DELIVERY methods The package will be delivered to the CUSTOMER. In case of absence, a delivery notice will be left to the CUSTOMER, to allow him to pick up his package at his post office. DELIVERY Problems The CUSTOMER is informed of the delivery date fixed when he chooses the carrier, at the end of the online order procedure, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. Failing this, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable period and in the event of non-delivery within this period, he may terminate the contract. The SELLER will reimburse, without undue delay from the receipt of the termination letter, to the CUSTOMER the total amount paid for the PRODUCTS, taxes and delivery costs included, using the same method of payment as that used by the CUSTOMER to purchase products. The SELLER is responsible until the delivery of the PRODUCT to the CUSTOMER. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.


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