GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 – SELLER'S IDENTITY
The website www.palaisdubricbrac.fr is operated by:
E.I. DESCAZEAUX THIERRY
Address:
38 chemin de Trompette
31390 Bois de la Pierre
SIRET: 498 023 043 00033
RCS Toulouse
Email:
support@palaisdubricbrac.fr
Telephone:
05-61-87-23-68 / 06-31-98-29-20
Hereinafter referred to as "the Seller".
ARTICLE 2 – PURPOSE
These General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the online sale of products offered on the website www.palaisdubricbrac.fr.
The customer declares that they are acting either as a consumer or as a professional. The provisions of the Consumer Code applicable to consumers do not apply to professionals, unless otherwise stipulated by law.
All orders imply full and unreserved acceptance of these Terms and Conditions.
ARTICLE 3 – PRODUCTS
The products offered for sale are those listed on the website on the day of consultation by the customer.
The photographs, descriptions, and specifications are presented with the utmost care. However, they are not contractually binding and the Seller cannot be held liable for any errors or omissions.
Product offers are valid while supplies last.
ARTICLE 4 – PRICES
Prices are indicated in euros.
The Seller operates under the micro-enterprise scheme and, where applicable, applies the VAT exemption threshold in accordance with Article 293 B of the French General Tax Code.
Delivery costs are indicated before final order confirmation.
The Seller reserves the right to modify its prices at any time. However, products are invoiced based on the price in effect at the time the order is validated.
ARTICLE 5 – ORDER
The customer selects the products they wish to purchase and adds them to their shopping cart.
The order is considered final after:
validation of the shopping cart;
acceptance of these Terms and Conditions;
confirmation of payment.
The Seller reserves the right to refuse or cancel any order in the event of a prior dispute, fraud, or suspected fraud.
ARTICLE 6 – PAYMENT
Payment is due immediately upon ordering.
The accepted payment methods are those offered on the website at the time of ordering.
The Seller reserves the right to suspend any order in the event of a payment issue.
ARTICLE 7 – DELIVERY
Products are delivered to the address indicated when the order is placed.
The delivery times indicated are estimates.
The Seller shall not be held liable for delays attributable to the carrier or to force majeure.
The customer is required to check the condition of the package upon delivery and to report any damage or discrepancies as soon as possible.
ARTICLE 8 – TRANSFER OF RISK
The risk of loss or damage to the products is transferred to the consumer when the consumer, or a third party designated by the consumer, takes physical possession of the products.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The provisions of this article apply to consumers as defined by the French Consumer Code.
Business customers making a purchase within the scope of their professional activity do not have the right of withdrawal provided for in Articles L221-18 et seq. of the French Consumer Code, unless otherwise required by mandatory legal provisions.
In accordance with Articles L221-18 et seq. of the French Consumer Code, the consumer has fourteen (14) calendar days from receipt of the product to exercise their right of withdrawal without having to provide any justification.
The customer may exercise this right via the electronic withdrawal form available on the website or by email.
Products must be returned complete and in a condition suitable for resale.
The direct costs of return shipping remain the responsibility of the customer unless otherwise stipulated by law.
The refund will be issued within a maximum of fourteen (14) days from the date of notification of withdrawal. The Seller may withhold the refund until the goods have been received or proof of shipment has been provided.
ARTICLE 10 – EXCLUSIONS FROM THE RIGHT OF WITHDRAWAL
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised, in particular, for:
goods made to the consumer's specifications;
clearly personalized goods;
unsealed goods that cannot be returned for reasons of hygiene or health protection;
any other exception provided for by law.
ARTICLE 11 – LEGAL GUARANTEES
The consumer benefits from the legal guarantee of conformity provided for in Articles L217-3 et seq. of the French Consumer Code, as well as the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.
The consumer has two years from the date of delivery of the goods to make a claim under the legal guarantee of conformity.
ARTICLE 12 – LIABILITY
The Seller shall not be held liable for damages resulting from misuse of the purchased product.
The Seller shall not be liable when the non-performance or improper performance of the contract is attributable to the customer, a third party, or a case of force majeure.
No clause in these General Terms and Conditions of Sale shall have the effect of depriving the consumer of their legal rights.
ARTICLE 13 – PERSONAL DATA
The personal data collected is processed in accordance with applicable regulations, and in particular the General Data Protection Regulation (GDPR).
The customer has the right to access, rectify, erase, restrict processing of, object to processing of, and transfer their data.
Detailed procedures are specified in the website's Privacy Policy.
ARTICLE 14 – INTELLECTUAL PROPERTY
All elements of the website, including texts, photographs, graphics, logos, and content, remain the exclusive property of the Seller or their respective owners.
Any reproduction, representation, or use without prior authorization is prohibited.
ARTICLE 15 – CONSUMER MEDIATION
In accordance with Articles L612-1 et seq. of the French Consumer Code, all consumers have the right to use a consumer mediator free of charge to resolve any dispute with the Seller amicably.
After first contacting the Seller in writing and failing an amicable resolution of the dispute, the consumer may contact:
MEDCONSODEV
Centre d’Affaires Stéphanois
Immeuble l’Horizon – Esplanade de France
3 rue J. Constant Milleret
42000 SAINT-ETIENNE
The procedures for contacting the mediator are available on their website.
https://www.medconsodev.eu/
ARTICLE 16 – APPLICABLE LAW AND DISPUTES
These Terms and Conditions are governed by French law.
For consumers, any dispute will fall under the jurisdiction of the courts determined in accordance with applicable legal rules.
In the event of a dispute, the parties will first seek an amicable solution.