GENERAL SALES CONDITIONS

General Terms and Conditions of Sale of the BROCHIER SOIERIES Website

1. INTRODUCTION

These General Terms govern the use of this website and the contract between you and us (hereinafter referred to as the “General Terms”). These Terms define the rights and obligations of every user (hereinafter “You”, “Your”) and BROCHIER SOIERIES (“we”, “us”, “the Seller”) concerning the goods/services we offer via this website or any other website we may be linked to (hereinafter collectively referred to as “Brochier Soieries Services”).
Before clicking “Pay” at the end of the order process, we ask you to read these General Terms and our Privacy Policy carefully. By using this website or placing an order through it, you agree to be bound by these General Terms and our Privacy Policy. If you do not agree to all the General Terms and Privacy Policy, please do not place an order.

These General Terms may be subject to updates, so please read them carefully each time you place an order.
If you have any questions about our General Terms or Privacy Policy, you can contact us by email at bs@brochiersoieries.com or by writing to: Brochier Soieries, 33 rue Romarin, 69001 Lyon, France.
Brochier Soieries is a company governed by French law, registered under the number SIRET 49524575500022 with its head office at the same address. Our VAT number is FR14495245755.

2. USE OF THE WEBSITE

These General Terms are the only terms applicable to the use of this website and replace all other terms, except with the prior express written agreement of the Seller. These General Terms are important for both You and Us as they create a legally binding agreement that protects your rights as a consumer and our rights as a seller. By placing an order, you unreservedly agree to be bound by these Terms after reading them.

You agree to:

  1. Use the website only for legitimate inquiries or orders.
  2. Not place any false or fraudulent orders. If we suspect such an order has been placed, we reserve the right to cancel it and inform the appropriate authorities.
  3. Provide a valid email address, postal address, and/or any other necessary contact details truthfully and accurately, and accept that we may use this information to contact you if necessary (see our Privacy Policy).
  4. Understand that if you do not provide all the information we require, we will be unable to process your order.

By placing an order through this site, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.

3. AVAILABILITY OF SERVICES

The items offered on this website are available for worldwide delivery.

4. CONTRACT FORMATION

The information in these General Terms and on the website does not constitute a sales offer but rather an invitation to contract. No contract will exist between you and us for any product until we have expressly accepted your order. If your order is not accepted and the amount has already been debited, you will receive a full refund.

To place an order, you must follow the online purchase process and click “Pay” to submit your order.
You will then receive an email from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean your order has been accepted. Your order constitutes your offer to us to buy one or more products.

All orders are subject to our acceptance, which we will confirm by sending you an email confirming that the product has been shipped (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will be formed only upon the sending of the Shipping Confirmation.

The Contract will only apply to those products whose dispatch we have confirmed in the Shipping Confirmation. We are not obligated to supply any other products that may have been part of your order unless we confirm their dispatch in a separate Shipping Confirmation.

5. PRODUCT AVAILABILITY

All product orders are subject to availability. In the event of delivery difficulties or if products are out of stock, we reserve the right to offer you substitute products of equal or superior quality and value. You may choose to order these substitute products or not. If you do not wish to order the substitute products, we will refund any amounts paid.

6. ORDER REFUSAL

We reserve the right to withdraw any product from this website at any time and/or to modify or remove any content or information on the website. Although we strive to process all orders, exceptional circumstances may arise that require us to refuse to process or accept an order after it has been received or after sending an Order Confirmation. We reserve this right at any time and at our sole discretion.

We will not be liable to you or any third party for withdrawing a product from this website, modifying any content on the site, or refusing to process or accept an order after it has been submitted or confirmed.

7. YOUR RIGHT TO CANCEL – WITHDRAWAL

If you are contracting as a consumer, you have the right to cancel a Contract at any time within 30 days from the date of the Shipping Confirmation. In such a case, you will receive a full refund for the amount paid for the products, in accordance with our Return Policy (see Article 13 below).

Your right to cancel a Contract only applies to products that are returned in the same condition in which you received them. You must also return all product instructions, documents, and packaging. Any product that is damaged, not in its original condition, or used beyond merely opening the packaging will not be refunded. We therefore recommend that you take good care of the product(s) while in your possession.

Please take reasonable care of the products while in your possession and, if possible, keep the original boxes, instructions/documents, and packaging for returns.

Further information on this right and the conditions for exercising it are set out in Article 13 of these General Conditions.

This article does not affect your legal rights as a consumer.

8. DELIVERY

Subject to availability (see Article 5 above), we will endeavor to fulfill your order for the products listed in the Shipping Confirmation by the delivery date stated in the Confirmation or, if no delivery date is specified, within 15 days from the date of the Shipping Confirmation, unless exceptional circumstances occur.

Possible reasons for delay include:

  1. Product customization;
  2. Specialized items;
  3. Unforeseeable circumstances; or
  4. Delivery location.

If, for any reason, we are unable to meet the delivery date, we will inform you and offer you the option of continuing with the purchase with a new delivery date or canceling the order with a full refund. Please note that we do not deliver on Saturdays or Sundays.

For the purposes of these Terms and Conditions, “delivery” or “delivered” shall be deemed to have occurred upon signing for receipt of the products at the agreed delivery address.

9. INABILITY TO DELIVER

If we are unable to deliver your order, we will attempt to leave your parcel in a safe and secure place. We will leave you a written note explaining where your parcel is and how to arrange a redelivery.

If you are not at the delivery location at the agreed time, please contact us to reschedule a mutually convenient delivery date.

10. RISK AND TITLE

You assume all risks relating to the products from the time of delivery.

Ownership of the products will pass to you only when we have received full payment of all amounts due in respect of the products, including delivery charges, or upon delivery (as defined in Article 8), whichever is later.

11. PRICE AND PAYMENT

The price of any product will be as quoted on our website at any given time, except in the case of obvious error. While we strive to ensure all prices on the site are accurate, errors may occur. If we discover an error in the price of the product(s) you have ordered, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and, if you have already paid, you will receive a full refund.

We are under no obligation to sell a product at an incorrect price (even after sending the Shipping Confirmation), if the pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing.

Prices shown on our website include VAT but exclude delivery charges, which will be added to the total amount due.

Prices may change at any time, but (except as stated above) such changes will not affect orders for which we have already sent a Shipping Confirmation.

Once you have selected all the items you wish to purchase, they will be added to your shopping cart. The next step is to process the order and make payment. To do this:

  1. Click on the “Cart” icon at the top of the page.
  2. Click the “Checkout” button.
  3. Fill in or verify your personal information, order details, shipping and billing address.
  4. Select your payment method.
  5. Accept the general terms and conditions.
  6. Click “Place Order.”
  7. Enter your credit card information.
  8. Click “Pay.”

You can pay with Visa, Mastercard, American Express, Affinity Card, and PayPal. To minimize the risk of unauthorized access, your credit card details will be encrypted. When we receive your order, we will request a pre-authorization on your card to ensure sufficient funds are available to complete the transaction. No amount will be charged to your card until your order has left our warehouse.

If payment is made via PayPal, the charge will occur at the time of order confirmation.

By clicking “Pay,” you confirm that the credit card is yours.

We use “CYBERTRUST” to ensure that payments are made securely.

All credit cards are subject to validation checks and authorization by the card issuer. If the issuer does not authorize the payment, we will not be liable for any delay or non-delivery and we may be unable to conclude a contract with you.

12. VALUE ADDED TAX (VAT)

In accordance with the applicable rules and regulations, all purchases made through the website are subject to Value Added Tax (VAT), except for direct deliveries to consumers in the Canary Islands, Ceuta, and Melilla.

According to Chapter I of Title V of Directive 2006/112/EC of 28 November 2006 on the common system of VAT, the place of delivery is considered to be within the Member State corresponding to the delivery address stated in the order, and the applicable VAT will be that in force in the respective Member State where the goods are to be delivered.

In accordance with the rules and regulations applicable in each country, Article 194 of the aforementioned Directive may apply to goods supplied in certain EU Member States if the customer is or should be VAT registered. If that is the case, we will not charge VAT provided the customer confirms that VAT on the delivered items will be accounted for by the customer under the reverse charge procedure pursuant to Article 194.

Orders delivered to the Canary Islands, Ceuta, and Melilla will be exempt from VAT pursuant to Article 146 of the Directive, and will be subject to applicable local taxes and customs duties in accordance with the relevant regulations.

13. RETURN POLICY

General terms: If you wish to cancel the Contract within the timeframe specified in Article 7 above, you may return the product by post to:
Brochier Soieries, 33 rue Romarin, 69001 LYON.
You must return the product in the same packaging in which you received it. You must contact us via email at bs@brochiersoieries.com to arrange for the return. You will be responsible for all costs incurred in returning the product. Please note that if you choose to return the product at our expense, we reserve the right to charge you the return costs we incur.

If you have any doubts, you may contact us by email at bs@brochiersoieries.com or by phone at +33 4 79 29 59 73.

If possible, please use or include with the returned product all original boxes, instructions/documents, and packaging. We will examine the returned product carefully and inform you of your right to a refund, if applicable. We will process the refund as soon as possible, and in any case within 30 days from the date on which you informed us of the cancellation. Refunds will always be made via the same method of payment used for the original purchase.

Products returned due to a defect will be fully refunded if the defect is confirmed, including return shipping costs. Refunds will always be made via the same method of payment used for the original purchase.

This is without prejudice to your statutory rights.

14. LIABILITY AND EXCLUSIONS

Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product.

Nothing in these General Terms shall exclude or limit our liability for:

  1. Death or personal injury caused by our negligence;
  2. Fraud or fraudulent misrepresentation; or
  3. Any matter for which it would be unlawful or illegal for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the paragraph above and to the extent permitted by law, and except as otherwise provided in these General Terms, we shall not be liable for any indirect losses arising as a secondary effect of the main loss or damage, including but not limited to:

  1. Loss of income or revenue;
  2. Loss of business;
  3. Loss of profits or contracts;
  4. Loss of anticipated savings;
  5. Loss of data; and
  6. Waste of management or office time.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy or security of information transmitted to or obtained from the site unless expressly stated otherwise.

All product descriptions, information, and materials shown on this site are provided “as is” and without express, implied, or statutory warranty.

To the maximum extent permitted by law, and without excluding anything that cannot be excluded under consumer law, we disclaim all warranties.

Nothing in this clause shall affect your statutory rights as a consumer or your right to cancel.

15. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyrights, trademarks, and other intellectual property rights in all materials or content supplied as part of this website shall remain at all times vested in us or our licensors. You may use such material only to the extent expressly authorized by us or our licensors. This does not prevent you from using this website to make a copy of an order or contract details.

16. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you be in writing. By using this website, you agree that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on this site. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

17. NOTICES

All notices you send to us should be sent via our email address: bs@brochiersoieries.com. Subject to and unless otherwise stated in Article 16, we may send you notices to the email or postal address you provided when placing your order.

Notices will be deemed to have been received and properly served as soon as they are sent by email, or three days after the date of posting if sent by letter. To prove service of a notice, it will be sufficient to show, in the case of a letter, that it was properly addressed, stamped, and posted, and in the case of an email, that it was sent to the specified recipient’s email address.

18. TRANSFER OF RIGHTS AND OBLIGATIONS

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge, or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, subcontract, or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge, or other disposition will not affect your legal rights as a consumer or cancel, reduce, or otherwise limit any warranties or guarantees that we may have provided to you, whether express or implied.

19. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform or delay in performance of any of our contractual obligations caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-occurrence, omission, or accident beyond our reasonable control, and includes in particular (without limitation):

  1. Strikes, lockouts, or other industrial action;
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or not), or threat or preparation for war;
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters;
  4. Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport;
  5. Impossibility of the use of public or private telecommunications networks;
  6. Acts, decrees, legislation, regulations, or restrictions of any government;
  7. Strikes, failures, or accidents in maritime, postal, or other transportation services.

Our performance under the Contract shall be suspended for the duration of the Force Majeure Event, and we will be granted an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution that allows us to perform our obligations under the Contract despite the event.

20. WAIVER

If, at any time during the term of a Contract, we do not insist upon strict performance of any of your obligations under the Contract or any of these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these Terms and Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the notice provision above.

21. SEVERABILITY

If any of these Terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions, which will continue to be valid to the fullest extent permitted by law.

22. ENTIRE AGREEMENT

These Terms and Conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or written.

Both parties acknowledge that, in entering into a Contract, neither party has relied on any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

Each party agrees that its only remedy in respect of any such representation shall be for breach of contract as provided in these Terms and Conditions, and neither party shall have any remedy for innocent or negligent misrepresentation unless the misrepresentation was made fraudulently.

23. OUR RIGHT TO MODIFY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions at any time.

You will be subject to the policies and terms in force at the time that you order products from us, unless any change to those policies, terms, or the Privacy Policy is required by law or governmental authority (in which case it will apply to orders previously placed by you).

24. LAW AND JURISDICTION

Contracts for the purchase of products through our site shall be governed by French law.

Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the French courts.

Nothing in this clause shall affect your statutory rights as a consumer.

25. FEEDBACK

Your feedback is welcome. Please send any comments or feedback to us via our email address: bs@brochiersoieries.com.