General terms and conditions of sale
The present general terms and conditions constitute a distance selling contract, defining the rights and obligations of the company "DESCAZEAUX THIERRY" hereinafter referred to as "the seller" and operating under the brand name "Le Palais du BricBrac", and of the customer in the context of the sale of products referenced in the Ecommerce site "palaisdubricbrac.fr" or "palaisdubricbrac.com" (hereinafter referred to as the "Website").
For any question or complaint relating to the products, to his order, to his personal data, to the right of retraction, the application of the guarantee of the products the customer can contact the salesman to the following coordinates:
38 chemin de Trompette
31390 Bois de la Pierre
TVA non applicable, art. 293B du CGI
Tél. : 0561872368
Commercial register number : RCS Toulouse: Siret - 498 023 043 00033
The present conditions are concluded between the company "DESCAZEAUX THIERRY", hereinafter referred to as "the seller", and the persons wishing to make a purchase via its shop on the EBAY platform. Customers are professional customers or private consumers. Certain stipulations herein shall apply exclusively to professional customers or conversely to consumer customers. The fact of placing an order implies the full and unreserved adherence of the customer to the general conditions of sale set out below. In this respect, the validation of the order confirms the full and entire acceptance of these conditions by the customer. In any event, the company "DESCAZEAUX THIERRY" reserves the right not to satisfy any customer request that would be exorbitant or derogatory to its general terms and conditions.
The information relating to the essential characteristics of the products by means in particular of technical descriptions emanating from its partners and suppliers and photographs illustrating the products are detailed in the advertisements. If details appear necessary to the customer for a good use, it is up to the customer to make the request to the seller before any purchase or implementation. In this respect, the seller undertakes to respond to any additional request for information on the products. In any event, the responsibility of the company "DESCAZEAUX THIERRY" cannot be engaged by a bad installation, handling or misuse of the product.
The client declares that he has the capacity to enter into this contract, i.e. that he is of legal age and is not under guardianship or curatorship. The customer will place an order in accordance with the indications given on the site. He or she undertakes to fill the order, taking care to give the necessary complete and accurate information. In any event, the Customer is responsible for the information entered when the order is taken. In the event of an error in the wording of the recipient (name, address, etc.), the seller cannot be held responsible for delays in the delivery of the products. The payment of the order by the customer will formalize in a firm and definitive way the distance selling contract concluded with the seller and will be confirmed by e-mail to the customer.
The sale prices of the products mentioned on the seller's shop are indicated in euros and are not subject to VAT "TVA non applicable - article 293 B du CGI", excluding delivery, packaging, preparation and insurance costs. Delivery costs may be calculated by the customer as he selects products. Their amount is in any case indicated at the end of the online order, before its validation. The price invoiced to the customer is the price specified on the order confirmation including the price of the products excluding VAT plus the price of transport. The seller reserves the right to modify its sales prices at any time. Nevertheless, no modification after the order has been taken can be applied. The tariff applicable to the products ordered is the one appearing on the site on the day of the order. When the product is indicated as being the subject of a promotion, the reference price (crossed-out price) is the lowest price charged by the seller during the 30 days preceding the start of the promotional operation. The percentage or euro reduction indicated near the promotion price is calculated from the reference price. Orders are payable in euros, in full and in cash.
The methods of payment proposed are those proposed on the page "Secured payment".
Availability of products
The products are offered for sale within the limits of available stocks and supply possibilities from the seller's suppliers. The availability of the products will be definitively validated at the time of the confirmation of expedition of the order which will be sent to the customer by e-mail. In the event that one of the products ordered is not available at the time of preparation of the customer's order, the seller undertakes to contact the customer by e-mail to inform him/her of the delivery times for this product. In the event of impossibility of supply of a product, it will be proposed to the customer to refer to another product of equivalent quality, characteristics and price or to cancel the order. In case of cancellation of the order of the product concerned by the customer, the refund of the unavailable product will be made within 8 days following the collection of the sums paid by the customer. The refund is made on the same means of payment as the one used when the order was placed.
The products are offered for sale for online purchases shipped in metropolitan France, Corsica, Overseas France, and, for some, in EEC countries. The seller therefore reserves the right to refuse any order whose delivery address is not in the countries mentioned. Delivery is made to the address mentioned by the customer in the delivery form. In the event of the presence of two different addresses between the order and the address of the means of payment, the address of the means of payment will prevail. (eg Payment Address "Website" and PAYPAL different, the order will leave on the address listed on PAYPAL) Delivery is deemed made by the seller to the delivery of products ordered by the carrier to the customer. The transport will be carried out by an independent company and provided with a tracking number. The deliveries are carried out according to the indicative times of the conveyor according to the mode of delivery chosen as from the sending of the e-mail of confirmation of the setting in delivery of the aforementioned order. The seller undertakes to respect the delivery times, but cannot be held responsible for delays caused by the companies in charge of transport. It is the customer's responsibility to check the condition of the packaging and the products and the number of products upon receipt. In all cases, it is the customer's responsibility in the event of a dispute, deterioration of the product during transport, damage, missing or delayed products, to make clear and precise reservations on the delivery document (if there is one) or the carrier's receipt, and to notify the carrier by registered letter with acknowledgement of receipt, of his reasoned protest within three days, not including public holidays, following receipt of the products. Without prejudice to the measures to be taken vis-à-vis the carrier, complaints about apparent defects or the non-conformity of the delivered product must be made to the seller in writing within 3 days from the date of delivery or making the product available. It is up to the customer to provide any justification as to the reality of the defects or anomalies observed. The seller must give the customer every facility to proceed with the discovery of these defects. After this period, no amicable or legal claim from the customer can be accepted. In any case, the seller cannot be held responsible for any delay or non-delivery due to a case of force majeure or a fault of the customer.
Withdrawal period for consumer customers
Pursuant to Article L121-20 of the Consumer Code, the consumer customer has a withdrawal period of 14 clear days from the date of receipt of the products ordered. The customer must return the products, to the same address, within the withdrawal period, in their original packaging, unused and in perfect condition, without any trace or mark, with all accessories and gifts possibly offered. He must return the product with a copy of the invoice. The costs of returning the products will be borne by the customer. If all the conditions required for the return of the products are not met, the seller may deduct from the sums to be reimbursed, where applicable, a proportion of the selling price corresponding to the selling price of the missing products, as well as the repair, replacement and/or repair of any damaged products. In the absence of agreement with the customer, the reimbursement shall be made using the same means of payment as that used by the latter when placing the order. The seller undertakes to reimburse the consumer customer within 8 days of receipt of the product.
The use of the product will be carried out under the responsibility of the customer. The customer declares that he/she is aware that the products marketed by the company "DESCAZEAUX THIERRY" may contain harmful and/or dangerous elements. Consequently, the seller recommends the customer to use the ordered product in compliance with the safety instructions and recommendations for use specified on the product description on the advertisement, on the product packaging and on the possible explanatory note. Under these conditions, the customer is responsible for maintaining the product in good condition and for using it in accordance with its intended purpose, in particular by complying with the instructions given by the seller and the manufacturer. The use or application of the product presupposes that the buyer has perfect control of its implementation and perfect knowledge of the risks associated with it. The seller shall in no case be held responsible for the consequences of misuse or inappropriate use. In this respect, the customer is advised against making any modifications to the product, installing accessories, ancillary parts or any other devices on the product. The customer undertakes to store and use the products in accordance with the regulations in force and to comply with all his legal obligations. The seller cannot under any circumstances be held liable for defects and deterioration of the products delivered as a result of abnormal or non-conforming conditions of storage, conservation and use subsequent to the delivery of these products.
The customer must give the seller every facility to proceed with the observation of these defects or anomalies. In the event of a defect, the products concerned may be returned to the seller. No return will be accepted for any reason whatsoever, without prior agreement from the seller. The products judged contradictory defective or not in conformity by the customers will be the subject of a refund or a replacement. Any return costs shall be borne by the seller. When the seller's liability is engaged as a result of a fault on its part, compensation shall apply only to direct, personal and certain damages that the customer has suffered to the express exclusion of compensation for all indirect and immaterial damages and/or prejudice, such as financial prejudice, damage to image, etc. The amount of damages that the seller may be required to pay under the above-mentioned conditions shall in any event be limited to the amount of the order. The company "DESCAZEAUX THIERRY" is in no way responsible for any damage to life, body and health. In any event, the company "DESCAZEAUX THIERRY" declines all responsibility for the fact that :
The normal wear and tear of its products
Deterioration or accidents due to negligence, lack of supervision or improper maintenance or use.
Damage resulting from modifications, additions or repairs to the product
Damage resulting from failure to comply with the recommendations for use of the products mentioned in the product description.
After-sales service and warranty
Except in the case of legal guarantees or manufacturer's guarantees, the products marketed by the seller may be guaranteed for a period of one year according to the indications given in the product description. The guarantee runs from the date of receipt of the product by the customer. The warranty is limited to exchange, refund or repair. The guarantee is excluded in case of normal wear and tear or damage caused by misuse or non-conforming use, in particular in case of connection error, overvoltage, mechanical alterations, drop, lack of maintenance. It is reminded that the seller cannot be held responsible in the event of the manufacturer's refusal to apply its guarantee for legitimate reasons. To be able to benefit from the guarantee of the products, you are asked to keep the purchase invoice and the original packaging.
Computers and freedom
The seller collects, records, changes, uses and transmits personal data of Internet users in the context of the execution of orders placed and of its financial partners, customer relations, customer advice and services, as well as for the preservation of the seller's commercial interests, in particular for the purposes of preserving evidence. Insofar as this is necessary for the fulfilment of the seller's obligations, the latter passes on personal information to third parties, for example the carrier. The customer has the right to access, modify, rectify and delete data concerning him/her in accordance with the French law "Informatique et Liberté" N°78-17 of January 6, 1978 and supplemented by the Order of May 14, 2018 called "Service FPS-ANTAI". To exercise this right, he/she just needs to send a letter to the seller's address, or to inform him/her by e-mail. The customer may in any case oppose the use of his personal data. The use of personal information for other purposes will only be possible when the customer has given his consent.
For statistical and display purposes the seller informs the customer that cookies record certain information that is stored. These cookies do not contain any confidential information about the customer.
Applicable law - Statute of limitations - Jurisdiction
The parties agree that the present conditions and their consequences are subject to French law. The language of the present and of the relations between the parties is French. The parties agree that all actions taken hereunder by the professional client shall be barred after one year pursuant to Article 2254 of the Civil Code. Any possible disputes between professionals shall be the exclusive competence of the Court of the jurisdiction of the registered office of the company "DESCAZEAUX THIERRY" to which jurisdiction is expressly assigned in advance, even in the event of appeal in warranty or plurality of defendants.
Mandatory information for consumer customers
Pursuant to Article L.211-15 of the Consumer Code, Articles L 211-4, L 211-5 and L 211-12 of the Consumer Code, as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced below, provisions of which the Customer expressly acknowledges having taken cognizance prior to his order.
Article L211-4 of the Consumer Code:
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from packaging, assembly instructions or installation when this has been charged to it by the contract or has been carried out under its responsibility.
Article L211-5 of the Consumer Code:
To be in conformity with the contract, the good must: 1° Be fit for the use usually expected of a similar good and, where applicable : - correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; - present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or his representative, particularly in advertising or labelling; 2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.
Article L211-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article 1641 of the Civil Code :
The seller is bound by the warranty for hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish this use so much that the buyer would not have acquired it, or would only have paid a lower price for it, if he had known about them.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect When acting as a legal guarantee of conformity, the consumer customer :
Benefits from a period of 2 years from the delivery of the good to act;
Can choose between repairing or replacing the good, subject to the cost conditions provided for in Article L211-9 of the Consumer Code;
Is exempted from having to provide proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.
The legal guarantee of conformity shall apply independently of any commercial guarantee that may have been granted. The consumer customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.