DEFINITIONS
Customer : means any natural person acting for non-professional purposes, having the status of consumer within the meaning of the French Consumer Code, wishing to order Products on the Site.
GCS : refers to these general terms and conditions of sale.
Sales Order: shall designate the order placed by the Customer on the Site for Products in accordance with the conditions set out in Article 3.
Maison Brava Société par actions simplifiée (simplified joint-stock company) with capital of 2,000 euros, registered with the Lyon Trade and Companies Register under number 932108822, headquartered at 254 rue Vendôme, 69003 Lyon. E-mail address: hello@maisonbrava.com
Parties : refers individually and/or collectively to the Customer and/or Maison Brava.
Products : means all cosmetic products and their accessories offered for sale by Maison Brava on its Website under the MAISON BRAVA brand.
Site : refers to the Maison Brava website accessible at the following url address: www.maisonbrava.com
PURPOSE
The purpose of these GTC is to govern the conditions under which Maison Brava offers Products for sale to Customers on the Web Site in exchange for payment of a price.
It is expressly stipulated that the GCS apply only to customers who are consumers.
Maison Brava reserves the right to modify the GTC at any time and without notice.
The applicable version of the GCS is the one in force at the date of the Order and this version remains applicable for the time necessary to complete the Order, until the expiry of the guarantees and obligations owed by Maison Brava.
DESCRIPTION OF PRODUCTS
The Products offered for sale by Maison Brava and their essential characteristics are available on the Maison Brava Site.
ORDERS
Customers may place Orders for Products on the Site under the conditions set out in Articles 3.1 and 3.2.
- Product orders
By visiting the Site, the Customer can select the Products of his choice and the quantities by following the procedure proposed on the Site and by completing the information requested.
The sale of Products is concluded upon validation and acceptance of the Product order and the GTCS by the Customer in accordance with the procedure proposed on the Site.
The Customer’s validation and acceptance of the Product order constitutes the formation of the contract in accordance with the conditions set out in the Order, the GCS and the definitive undertaking by the Parties to respect their obligations. The contract thus formed cancels and replaces any other agreement having the same object between the Parties (hereinafter the ” Contract “).
Before validating the purchase of Products and proceeding with online payment, the Customer undertakes to :
- verify the accuracy of the Product Order;
- take note of the terms and conditions of the Product Order, in particular the price, discount conditions, quantity and delivery times;
- read the GTC and accept them, if applicable, by checking the corresponding box.
The information communicated by the Customer at the time of the Order, in particular that relating to the delivery address, the Customer’s requirements and the characteristics of the Products requested, is binding on the Customer. In the event of an error, Maison Brava cannot be held responsible for the consequences thereof. Any additional costs resulting from the Customer’s errors shall be borne exclusively by the Customer.
The Order will be validated and processed once full payment has been received by Maison Brava.
Once the Order has been finalized, Maison Brava will send the Customer written confirmation of the Order and the invoice by e-mail.
Maison Brava reserves the right to cancel or refuse any Order that has not been paid for in full, or any Order from a Customer with whom there is a dispute concerning the payment of a previous order for Products.
- Unavailability of products
In the event of temporary or permanent unavailability of the Products ordered, the Customer will be informed as soon as possible by e-mail. The Customer may then :
- maintain the Order, which will then be honoured within the timeframe proposed by Maison Brava, or
- choose Products ordered of comparable quality (if the price of the substitute Product and/or any related delivery charges is lower than the price of the Product initially ordered and/or any related delivery charges, the amount of the Order will be modified accordingly), or
- cancel the Order free of charge.
- Product prices
The Products are supplied at the prices in force on the Site at the time the Order is registered by Maison Brava. Unless otherwise stipulated, prices are in euros, all taxes included.
The price of the Products and delivery costs are specified in the Order validated by the Customer under the conditions set out in Article 3.
Taxes in force in each territory must be paid by the Customer, unless otherwise stipulated by Maison Brava.
- Terms of payment
When the Order is placed on the Site, the price is paid in full by credit card when the Order is validated by the Customer.
Any sum unpaid on its due date will give rise to the application of late payment interest calculated at the rate of three times the legal interest rate. A fixed indemnity of 40 euros for collection costs will also be invoiced to the defaulting party in application of article L.441-10 of the French Commercial Code.
- Product delivery
Maison Brava organizes shipment of the Products by the carrier of its choice. Additional shipping costs, calculated according to weight, are at the Customer’s expense.
- Terms of delivery
The Product ordered by the Customer is delivered to the delivery address indicated by the Customer in accordance with the terms and conditions set out in the Order. Any delivery that cannot be completed due to an incorrect or incomplete delivery address will be returned to the Customer at the latter’s expense.
The total delivery time (which includes the time required for computer processing of the Order, its preparation, shipment and delivery by the carrier) is communicated by Maison Brava to the Customer in the order confirmation, as an indication and is not guaranteed.
If the Products ordered have not been delivered within thirty (30) days of the indicative delivery date set out in the Order, for any reason other than force majeure or the fault of the Customer, the sale may be cancelled at the written request of the Customer. The sums paid by the Customer will then be returned to him at the latest within fourteen (14) days following the date of termination of the Contract, to the exclusion of any compensation or deduction.
Maison Brava is automatically responsible to the Customer for the proper delivery of the Products in accordance with the Contract, unless it is demonstrated that the improper delivery of the Products is attributable either to the Customer, or to the unforeseeable and insurmountable act of a third party to the Contract, or to a case of force majeure.
For reasons of availability or supply occurring after the Order has been placed, Maison Brava reserves the right to split deliveries of Products, without giving rise to any compensation whatsoever (damages, deduction from the price of the Product, credit note, etc.) and/or cancellation of the Order. It is specified that in the event of a delay of more than thirty (30) days after the indicative delivery date set out in the Order, the sale may be cancelled at the written request of the Customer under the conditions set out above.
- Risks and transport
The risks associated with the transport of the Products are transferred to the Customer from the moment the Products are handed over to the Customer.
- Reception – Complaints
Upon receipt of the Product, the Customer must immediately check the condition of the packaging and the conformity of the Product(s) with the Order.
Any complaint must be sent by the Customer by post or e-mail to the addresses indicated at the top of these GTS. The conditions governing the exercise of the right of withdrawal and the implementation of warranties by the Customer are set out in Articles 8 and 9 below.
- Right of withdrawal
The customer has a right of return of fourteen days from receipt of his order to return any item that does not suit him and request an exchange or refund, with the exception of the return costs, which remain at his expense.
The right of withdrawal may be exercised by contacting Maison Brava’s customer service department by e-mail (hello@maisonbrava.com). A model retraction letter is provided inAppendix 1 of the GTC.
Returns must be made in their original condition and complete to allow remarketing in new condition. Any product opened (including the case) or damaged by the consumer will not be taken back. Maison Brava reserves the right to judge whether the product can be remarketed or not, according to its quality standards.
In the event of withdrawal, Maison Brava will reimburse all payments received. Either by re-crediting the credit card, or by bank transfer depending on the method of payment of the order.
Maison Brava will only reimburse returned products once they have been received and their undamaged condition has been checked.
- Warranties
- Legal warranty of conformity
In accordance with the provisions of Article L.217-4 et seq. of the French Consumer Code relating to the legal guarantee of conformity, the Customer must inform Maison Brava, in writing by post or e-mail, at the addresses mentioned in Article 1, of the non-conformity of the Products, apparently defective, damaged or not corresponding to the Product ordered.
The Customer has a period of two (2) years from delivery of the Product to request Maison Brava to implement the legal warranty of conformity. In this case, the Customer shall return the non-conforming Products in the condition in which they were received with all the elements (accessories, packaging, instructions, etc.) at Maison Brava‘s expense.
The Customer is exempted from proving the existence of the non-conformity of the Product for twenty-four (24) months from the delivery of the Products.
In the event of non-conformity, the Customer has the right to have the Product repaired or replaced or, failing this, to have the price reduced or the Contract rescinded, free of charge, under the conditions set out in the French Consumer Code.
Maison Brava will replace or repair the Product(s) deemed non-conforming or defective at the Customer’s request. In the event of delivery, delivery charges will be borne by Maison Brava.
Products found to be non-compliant or defective will be repaired or replaced as soon as possible and at the latest within thirty (30) days of the Customer’s request.
Any sums owed to the Customer by Maison Brava for the return of Products and/or the delivery of repaired or replaced Products, in accordance with Article L.217-17 of the French Consumer Code, will be reimbursed within fourteen (14) days of receipt of the Product or receipt of proof of shipment by the Customer.
By way of exception, Products with a limited lifespan (including consumables) are not covered by the legal warranty of conformity.
- Warranty against hidden defects
In accordance with the provisions of Article 1641 et seq. of the French Civil Code, Maison Brava guarantees the Customer against hidden defects, on the day the Product is delivered to the Customer, resulting from a defect in material, design or manufacture affecting the Products delivered and rendering them unfit for use.
The Customer must inform Maison Brava, in writing to the address mentioned in Article 1 of any hidden defects in the Products, within two (2) years of the discovery of the hidden defect under the conditions provided by law. The Customer may request a refund of the Product and return the Product (i) or keep the Product and request a price reduction (ii) under the conditions provided by law.
- Intellectual property
Maison Brava retains exclusive ownership of all concepts, designs, ideas, trademarks, distinctive signs, know-how, inventions, tools, techniques, documents, information, of the Site, and in particular its ergonomics (in particular graphic charts, tabs, functionalities, etc.) and its content (in particular images, logos, illustrations, photos, texts, etc.), as well as all other intellectual property rights that it may use or communicate for the purposes of the Order and/or relations with the Customer.
Nothing in the GTCS shall be construed as transferring or licensing any intellectual property rights of Maison Brava and/or any other rights holder to the Customer.
- Liability
Maison Brava is liable for damages caused by the supply of the Products under the conditions described below. Maison Brava is also liable to compensate the Customer for all damages resulting from the non-performance of the Contract.
Maison Brava will hold a general liability policy covering, in particular, its liability during and after the Contract.
Maison Brava shall bear the consequences of any damage directly attributable to it in the performance of the Contract under the conditions of common law. However, Maison Brava cannot be held liable in the event of force majeure, as defined by article 1218 of the French Civil Code and by the case law of the French courts.
Maison Brava cannot be held responsible for any poor performance of the Contract and/or any non-performance directly caused by the Customer, in particular in the event of breach of the Customer’s obligations, and/or give rise to the payment of damages as a result thereof.
Upon receipt of the Products, the Customer shall read the instructions for use and any other related information provided by Maison Brava. The Customer shall comply with said conditions of use and instructions. Maison Brava shall not be held liable for any damage caused by the Customer’s failure to comply with said conditions of use and instructions.
- Personal data
- RGPD compliance
Each of the Parties undertakes to comply with the provisions arising from the European General Regulation on the Protection of Personal Data n°2016/679 (hereinafter ” RGPD “), to make all declarations and obtain the consents and authorizations necessary for the collection and processing of personal data, and to respect and ensure that its employees respect the confidentiality and security of any personal data that may be collected and processed by the latter in connection with the performance hereof.
The Customer is informed that Maison Brava intends to collect and process his personal data in the context of their relationship in compliance with European Regulation n°2016/679 on the protection of personal data (RGPD).
- Purposes of personal data processing
The personal data collected from the Customer is that required to manage the Order and the commercial relationship between the Parties. This includes identification data (e.g. surname, first name, e-mail address, delivery address, telephone number).
This personal data is processed by Maison Brava for the purposes of managing the Order and the commercial relations between the Parties, on the basis of Maison Brava ‘s legitimate interest (Article 6.1. f) of the RGPD), i.e. the proper conduct of its commercial activities and its relations with Customers.
- Recipients of personal data
These personal data may be transmitted :
- to some of Maison Brava ‘s collaborators;
- its service providers or subcontractors who provide Maison Brava with technical services, payment services and delivery services;
- to the Maison Brava supervisory authorities;
- bodies, law enforcement officers and public officials when Maison Brava is legally obliged to do so or when such disclosure is necessary to enforce the terms and conditions or other agreements, or to protect the rights or property of Maison Brava.
Some personal data may be transferred outside the European Union to certain third-party service providers. Maison Brava has taken the necessary contractual and technical measures to ensure the compliance of data processing with the RGPD by said service providers.
- Retention of personal data
Maison Brava retains personal data for the entire duration of the commercial relationship between the Parties and for a period of three (3) years after the end of the commercial relationship between the Parties.
In addition, Maison Brava may keep personal data for as long as is necessary to comply with its legal and regulatory obligations and to assert or exercise its rights or defend itself against any legal action.
- Exercising rights
Customers have the right to access, rectify and delete their personal data, the right to limit processing (freezing of personal data processing), the right to object to the processing of personal data and the right to decide what happens to personal data after their death. Customers may exercise these rights by writing to the following address: hello@maisonbrava.com.
The Customer may also lodge a complaint with a supervisory authority, namely the CNIL in France, if you consider that the processing of personal data concerning you does not comply with the regulations in force, at the following address: CNIL – Service des plaintes 3, place de Fontenoy TSA 80715 – 75334 PARIS CEDEX 07 Tél : 01 53 73 22 22
- Applicable law and jurisdiction
These terms and conditions are governed by French law.
For any dispute that may arise between Maison Brava and a Customer concerning the existence, interpretation or execution of these GTS, prior to any legal proceedings, the Parties undertake to attempt to resolve the dispute amicably.
For any claim relating to the Order of Products, the Customer may send his claims by mail to Maison Brava, stating the difficulties and/or shortcomings observed at the address mentioned in Article 1.
In the event of a response deemed unsatisfactory by the customer, or in the absence of a response within fifteen (15) days of receipt of the complaint, the customer may request the services of the mediator free of charge by completing the form provided for this purpose on the website https://www.mediationconso-ame.com/ or by post addressed to the Association Des Médiateurs Européens, 197 boulevard Saint-Germain 75007 Paris.
The customer must specify the purpose of his request and attach the documents on which it is based. Upon receipt, the mediator will notify the Parties of the referral by e-mail or regular mail.
Within the framework of this mediation, the Customer may be assisted by any person of his choice or be represented by a lawyer at his own expense. Each party may also request the opinion of an expert, at its own expense. In the event of a joint request for expert advice, the costs will be shared equally between Maison Brava and the Customer.
The mediation shall be concluded within ninety (90) days from the date of notification by the mediator of his referral. The Parties are free to accept or refuse the mediator’s proposal.
In any case, recourse to mediation is not compulsory. On the other hand, if the customer wishes to request the services of the mediator, he must first send a complaint to Maison Brava.
Customers can also consult the online dispute resolution platform on this website: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
If the Customer does not wish to refer the matter to the mediator, or if one of the Parties refuses the mediation proposal, or if no amicable agreement is reached, the Parties will be free to bring proceedings before the competent court.
If amicable resolution fails, the dispute will be settled by the competent court.
Appendix 1
SAMPLE CANCELLATION FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of Maison Brava, by post to the address: 254 rue Vendôme, 69003 Lyon and/or by e-mail: hello@maisonbrava.com :
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*) below:
Order number :
Ordered on (*) / received on (*) :
Name of consumer(s) :
Address of consumer(s) :
Signature of consumer(s) (only in the case of notification of this form on paper) :
Date :
(*) Delete as appropriate.
