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      General terms and conditions of use and sale

      BROSSIER SADERNE WEBSITE

      PREAMBLE

      The company BROSSIER SADERNE (hereinafter “BROSSIER SADERNE”) designs, manufactures and markets lighting products intended for private individuals and professionals.

      The corporate name, address and contact details of BROSSIER SADERNE are as follows:

      • BROSSIER SADERNE,
      • A simplified joint-stock company (société par actions simplifiée) with a share capital of €40,000, registered with the Trade and Companies Register of Angers under number 507 600 005,
      • Registered office: 29, Avenue de la Fontaine – 49070 Beaucouzé – France,
      • SIREN / SIRET: 507 600 005 / 507 600 005 00023,
      • Intra-Community VAT number: FR 34 507 600 005,
      • Email: info@brossier-saderne.com.

      BROSSIER SADERNE offers consumers an online sales service for its products via its website accessible at the following address:
       https://www.brossier-saderne.com/fr (hereinafter the “Website”).

      These General Terms and Conditions (hereinafter the “General Terms”) are intended to govern:

      • the contractual rules governing the use of the Website and the creation and management of accounts on the Website by users of the Website (the “User Accounts” and the “Users”) – Part I.
      • the contractual rules governing the sale of Products on the Website to Users (the Users then becoming “Customers”) – Part II.
      • the provisions common to the use of the Website and User Accounts and to the sale of Products – Part III.

      The General Terms are intended exclusively to be entered into with consumers within the meaning of the introductory article of the French Consumer Code, namely
       “any natural person acting for purposes which do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity”.

      They therefore cannot be entered into with non-professionals within the meaning of this article (namely “any legal person acting for purposes that do not fall within the scope of a professional activity”) or with professionals within the meaning of this article (namely “any natural or legal person, public or private, acting for purposes falling within the scope of their commercial, industrial, craft, liberal or agricultural activity, including when acting in the name or on behalf of another professional”).

      Definitions

      • Website: the online platform brossier-saderne.com.
      • User: any person browsing or using the Website.
      • Customer: any User placing an order on the Website.
      • User Account: The Customer’s personal online account.
      • Product(s): lighting fixtures and accessories sold online.
      • Order: the purchase of one or more Products via the Website.

       

      PART I – GENERAL TERMS OF USE OF THE WEBSITE

      Article 1 – Purpose and acceptance of the General Terms of Use

      1.1 These General Terms of Use (hereinafter the “GTU”) aim to govern:

      • The creation of User Accounts.
      • The management of User Accounts.
      • The use of the Website by Users.

      1.2 The GTU constitute the entire agreement between BROSSIER SADERNE and the User in relation to these matters.

      1.3 The creation of a User Account is subject to prior acceptance of the GTU.
       Such acceptance is materialised by ticking a checkbox accompanied by the wording:
       “I have read and accept the General Terms of Use and the General Terms and Conditions of Sale”, displayed during the User Account creation process.

      Article 2 – Use of the Website

      2.1 The Website may be used by any person who:

      • is a natural person.
      • is at least 18 years old or is an emancipated minor on the date of acceptance of the GTU.
      • has read and fully accepted the GTU.
      • has not previously been bound to BROSSIER SADERNE by a contract that was suspended or terminated due to a serious breach related to the use of the Website.

      2.2 Use of the Website requires the User to have the necessary hardware and software to access the Internet, as well as a recent version of commonly used web browsers.

      All costs related to Internet access, equipment, subscriptions and taxes remain the sole responsibility of the User.

      BROSSIER SADERNE does not guarantee compatibility of the Website with all devices (computers, smartphones, tablets, etc.).

      2.3 The User undertakes not to impair or attempt to impair the proper functioning of the Website and not to use it for unlawful or prohibited purposes. The User undertakes not to use the Website in a diverted, unreasonable, excessive, malicious manner or in breach of the GTU and/or applicable laws and regulations.

      BROSSIER SADERNE shall not be held liable for any malfunction of the Website resulting exclusively from a breach of these obligations by the User.

      Article 3 – Creation of a User Account

      3.1 Purchasing Products on the Website requires the creation of a User Account by the Customer.

      3.2 A single email address may be linked to only one User Account. Any attempt to create a User Account using an email address already linked to another account will not be successful.

      3.3 The User undertakes to provide accurate and complete information and not to impersonate a third party or misrepresent their identity.

      The User undertakes to update their information so that it remains accurate and up to date.

      If the User provides false, inaccurate, outdated, incomplete or misleading information, or information that constitutes identity theft, and if this constitutes a serious breach or is not immediately remedied, BROSSIER SADERNE may, without prior notice or compensation, suspend or permanently block access to the User Account.

      BROSSIER SADERNE shall not be liable for the consequences of any error or failure to update such information.

      Article 4 – Login credentials

      4.1 When creating a User Account, the User must choose a personal password used to authenticate access.

      4.2 Access to the User Account requires entering the login credentials.

      4.3 Login credentials are strictly personal and confidential.

      4.4 The Customer undertakes to ensure the confidentiality of the login credentials for their User Account.

      To guarantee the security of their User Account, the User undertakes to:

      • not disclose their login credentials to any third party.
      • take all necessary precautions to prevent third parties from accessing them.
      • take all measures necessary to prevent any third party from accessing their User Account, even without their knowledge (by securing access to the devices used to access the Website – computer, smartphone, etc. – with an additional strong password).
      • not grant access to their User Account to any third party

      4.5. In the event of loss or forgetting of their password, the User may reset it by clicking on the “Reset my password” link on the authentication page displayed on the Website.

      The User may enter the email address used when creating the User Account to receive an email containing a hyperlink enabling them to reset their password.

      4.6. The User undertakes to inform BROSSIER SADERNE without delay of any loss, theft or unauthorised use of their login credentials, so that BROSSIER SADERNE may take any appropriate measures to remedy the situation.

      Where applicable, BROSSIER SADERNE undertakes to block any unauthorised access to the User Account as soon as reasonably possible following receipt of an email request to that effect (proof of the User’s identity and authority may be required, depending on the circumstances).

      In the absence of such notification, or during the period prior to the blocking of unauthorised access to the User Account concerned, BROSSIER SADERNE shall not be held liable for any potentially harmful consequences resulting from access by an unauthorised third party to the User Account concerned via the said login credentials, unless the disclosure of such credentials to the third party is attributable to its own fault or negligence (which may not result solely from the absence of blocking within a reasonable period).

      Article 5 – Availability of the Website

      5.1. BROSSIER SADERNE uses its best efforts to ensure that the Website is available on a continuous basis and to ensure the secure transmission of information transmitted to and from the Website.
       Subject to the obligations incumbent upon it under the regulations relating to personal data, BROSSIER SADERNE is bound in this respect solely by an obligation of means.

      Within the scope of this obligation of means, BROSSIER SADERNE shall use its best efforts to ensure the availability and proper functioning of the Website and to remedy any malfunctions as soon as possible, under the conditions and within the limits set out in the GTU.

      5.2. However, continuous and uninterrupted availability and proper functioning of the Website (whether complete, accurate or free from anomalies, viruses, bugs or technical errors), as well as the fully secure transmission of information transmitted to and from the Website, cannot be guaranteed, without prejudice to the obligations incumbent upon BROSSIER SADERNE under the regulations relating to personal data.

      5.3. The User acknowledges the existence of technical contingencies that may affect the Internet network and result in slowdowns or unavailability making connection impossible.
       The User acknowledges and accepts that the Internet network, and more generally any network, means or protocol used for data transmission purposes, may experience periods of congestion due to bandwidth saturation, interruptions caused by technical incidents, maintenance operations or other events beyond the control of BROSSIER SADERNE.

      5.4. BROSSIER SADERNE shall not be held liable for:

      • issues not originating from the Website and/or its technical infrastructure, particularly those that may arise from the technical installations of Internet service providers and/or the Users’ computer equipment.
      • difficulties in accessing or using the Website, or any other damaging consequences resulting from disruptions to a network, means of communication or protocol.

      5.5. The User also acknowledges that IT security cannot be guaranteed without reservation, given the current state of technology.
       In particular, protection of information transmitted via the Internet network against any risk of misappropriation cannot be guaranteed, nor can the absence of:

      • fraudulent, malicious or unauthorised intrusion into the User’s equipment and the equipment to which it is connected.
      • unauthorised extraction or alteration of data present on such equipment.
      • computer virus attacks, logic bombs or advanced persistent threats likely to reduce, disrupt or prevent the normal use of the User’s equipment and the equipment to which it is connected, or to interrupt and/or slow down the normal flow of electronic communications.

      Effective IT security requires the User to protect themselves against such risks, in particular by using high-quality, up-to-date antivirus software when accessing the Website.

      5.6. BROSSIER SADERNE further reserves the right to suspend access to the Website, in whole or in part, at any time, to carry out correction, update or maintenance operations or to develop the Website.

      5.7. BROSSIER SADERNE shall not be held liable to the User for any damage and/or loss suffered by the User as a result of such interruption or suspension.

      Article 6 – Intellectual property

      6.1. The Website and all the elements of which it is composed (structure, trademarks, domain names, texts, images, graphics, sounds, data, software, etc.) are the exclusive property of BROSSIER SADERNE or are used by it with the authorisation of the rights holder.

      6.2. The Website and its elements may be protected by intellectual property rights and are subject to the applicable French and international legislation in this field.
       They are in particular protected by copyright law and trademark law.

      6.3. The User undertakes not to infringe any of these intellectual property rights and not to use or exploit any element of the Website without the prior written authorisation of BROSSIER SADERNE.

      6.4. The Website and all the elements of which it is composed are also protected by the contractual commitments set out in these General Terms of Use.

      6.5. In particular, the User undertakes not to reproduce, modify, alter, distribute, transmit, give, rent, sell or, more generally, exploit all or part of the Website, by any process whatsoever and on any medium whatsoever, without the prior written authorisation of BROSSIER SADERNE.

      6.6. In particular, the following are prohibited:

      • any text and data mining activity.
      • the use of any robot, data scraper or any other tool enabling the automated extraction of all or part of the content of the Website.
      • any substantial extraction of all or part of the content of the Website.

      Article 7 – Links

      7.1. The Website may contain links to other websites that are owned or operated by third parties.

      7.2. BROSSIER SADERNE exercises no control over such websites, their content or their operation.

      7.3. BROSSIER SADERNE shall therefore not be held liable to the User for the content of such websites or for any consequences that may result for the User from accessing them.

      Article 8 – Liability

      8.1. The User is solely responsible for the use they make of the Website.

      8.2. BROSSIER SADERNE shall not be held liable to the User:

      • for any damage that may result from any fault, imprudence or negligence committed by the User while using the Website, in particular in breach of the GTU.
      • in the event of unavailability or malfunction of all or part of the Website, unless the User demonstrates that such unavailability or malfunction results from a fault or negligence attributable to BROSSIER SADERNE and infringes the User’s rights.
      • for any fraudulent use by a third party of the User’s email address, login credentials or other data, where such fraudulent use does not result from a fault, imprudence or negligence attributable to BROSSIER SADERNE.
      • for any damage resulting from the use of the Internet network, including, in particular, data loss, intrusions or viruses.

      Article 9 – Term / Suspension / Termination

      9.1. Term

      The contract entered between BROSSIER SADERNE and the User, constituted by these GTU (hereinafter the “GTU Contract”), takes effect upon acceptance by the User and is entered into for an indefinite term.

      9.2. Termination in the absence of breach of the GTU Contract

      9.2.1.
       The User may terminate the GTU Contract at any time by closing their User Account on the Website.

      BROSSIER SADERNE may terminate the GTU Contract, subject to giving one (1) month’s prior notice, by notifying the User by email, if:

      • the User has not logged into their User Account for four (4) years; or
      • BROSSIER SADERNE ceases to operate the Website.

      9.2.2.
       Any termination of the GTU Contract under the above conditions shall not give rise to any compensation payable by either party to the other.

      9.3. Termination in the event of breach of the GTU Contract

      9.3.1.
       In the event of a serious breach by one of the parties, the other party may:

      • refuse to perform or suspend performance of its own obligations, including by anticipation.
      • bring about termination of the GTU Contract pursuant to the termination clause set out below.
      • seek compensation for the consequences of non-performance.

      Compatible sanctions may be cumulative, and damages may be claimed in addition.

      9.3.2.
       About the above termination right, the parties agree to the following termination clause:

      Either party may terminate the GTU Contract as of right, without prior judicial decision and without compensation, in the event of a serious breach by the other party of one of its obligations provided for in the articles “Use of the Website”, “Creation of a User Account”, “Login Credentials”, “Availability of the Website” and “Intellectual Property” of the GTU Contract, if such breach has not been fully remedied by the defaulting party within a reasonable period (having regard to the breach concerned and its consequences) following the sending of a registered letter with acknowledgement of receipt.

      In particular, the following constitute serious breaches:

      • failure by the User to comply with the conditions of use of the Website as defined in the articles “Use of the Website”, “Creation of a User Account” and “Login Credentials”.
      • failure by BROSSIER SADERNE to comply with its obligation of means to ensure the proper functioning and availability of the Website as provided for in Article 5.

      9.4. Consequences of termination of the GTU Contract

      9.4.1.
       In the event of termination of the GTU Contract for any reason whatsoever:

      • access to the Website shall be suspended upon termination of the GTU Contract.
      • the User Account shall be closed on the same date.
      • all data associated with the User Account shall be rendered inaccessible via the Website on the same date.

      9.4.2.
       The User is informed and expressly acknowledges that they will not be able to purchase Products without holding a User Account.

      9.4.3.
       It is specified that the provisions of the GTU Contract shall remain applicable insofar as they govern the use of the Website prior to the effective date of termination of the GTU Contract.

      Article 10 – Amendments to the GTU

      10.1. BROSSIER SADERNE reserves the right to amend and update the GTU at any time.

      10.2. Any amendment or update shall, where applicable, be subject to acceptance by the Users.

      10.3. The GTU as amended shall enter into force as from the date of acceptance by the User.

      10.4. In the event of non-acceptance of the GTU by the User, their User Account shall be closed within one (1) month following the User’s refusal.

      PART II – GENERAL TERMS AND CONDITIONS OF SALE

      Article 11 – Purpose and acceptance of the General Terms and Conditions of Sale

      11.1. These General Terms and Conditions of Sale (hereinafter the “GTC”) are intended to govern the purchase of Products by the Customer on the Website.

      11.2. The GTC, together with the elements of the Customer’s online order, the order confirmation, any quotation and the invoice, constitute the entire agreement between BROSSIER SADERNE and the User in respect of this subject matter.

      11.3. The purchase of Products on the Website is possible only after acceptance of the GTC.
       Such acceptance is materialised by ticking a checkbox accompanied by the wording:
       “I have read and accept the General Terms of Use of the website and the General Terms and Conditions of Sale of the website”, displayed during the Product purchase process described in Article 15.

      Article 12 – Information on the Products

      12.1. The characteristics of the Products offered for sale by BROSSIER SADERNE are presented on the Website as accurately as possible.

      The photographs of the Products displayed on the Website provide Customers with a visual representation of the Products marketed by BROSSIER SADERNE.
       However, for technical reasons, the actual appearance of a Product may differ from that shown in the photographs. The Customer must therefore refer to the Product description on the relevant product page, which alone shall be authoritative.

      12.2. It is the Customer’s responsibility to refer to the product page available for each Product to be aware of its essential characteristics.
       Customers are also strongly encouraged to review the technical specifications provided in addition.

      Article 13 – Product customisation

      13.1. Certain Products may be customised (finish, colour, specific options).

      13.2. Such a request by the Customer may be made by sending an email to the following address: info@brossier-saderne.com.

      Upon receipt of a request from the Customer, BROSSIER SADERNE may:

      • either request additional information from the Customer.
      • or, if the request is sufficiently detailed, provide a quotation in PDF format by email, specifying the essential characteristics of the Product, the customised elements added, the corresponding price and the amount of the eco-contribution.

      13.3. In the event of customisation, a quotation is sent to the Customer specifying:

      • the characteristics of the customised Product.
      • the price including all taxes.
      • the amount of the eco-contribution.
      • the estimated manufacturing lead time.

      13.4. The order for a customised Product is considered only after the Customer has expressly approved the quotation.

      13.5. In accordance with Article L.221-28 of the French Consumer Code, customised Products are not subject to the right of withdrawal.

      Article 14 – Product prices

      14.1. Product prices are indicated in euros, inclusive of all taxes.

      The amount of delivery costs (shipping, packaging and preparation of the parcel) is communicated to the Customer prior to validation of the order.
       The amount of the eco-contribution added to the Product price is also indicated to the Customer before the order is validated.

      BROSSIER SADERNE reserves the right to modify Product prices at any time. Such modifications shall apply only to orders that have not yet been validated.

      14.2. In the event of a request for customisation, the price inclusive of all taxes of the Product is communicated by email and appears on the order validation page.

      The amount of delivery costs and the amount of the eco-contribution added to the Product price are communicated to the Customer prior to validation of the order.

      This price remains valid for the period indicated in the quotation or, failing such indication, for a period of thirty (30) days from the date of issue of the quotation.

      14.3. The Products remain the full property of BROSSIER SADERNE until full payment of the price has been received.

      14.4. In the event of a manifest and gross pricing error (a price that is clearly too low), BROSSIER SADERNE reserves the right to cancel the sale and correct the price.

      Article 15 – Order process

      15.1. The GTC govern exclusively the relations between BROSSIER SADERNE and consumers.

      BROSSIER SADERNE therefore reserves the right to refuse any order for Products placed by a person who does not have consumer status at the time of the order.
       Accordingly, BROSSIER SADERNE also reserves the right to refuse orders for the same Product in unusually large quantities suggesting an order placed by a professional.

      A Customer must hold a User Account to place an order.

      15.2. The order process includes the following steps:

      1. Selection of the Product(s) ordered, by providing all information requested in the order form (model, colour, material, wiring, dimensions, quantity, etc.), and consultation of the product page and the delivery lead times indicated.
      2. Adding the Product(s) to the shopping basket.
      3. Logging into the User Account created in accordance with the conditions set out in the GTU.
      4. Selection of the delivery location (see Article “Performance of the order and delivery”).
      5. Provision and verification of all information required concerning the Customer.
      6. Review of the order summary containing the essential characteristics of the Product(s) ordered, the price, the delivery location, delivery costs, the total price inclusive of all taxes, and, where applicable, correction of any errors.
      7. Confirmation of acceptance of the GTC.
      8. In the event of an order for one or more Products clearly customised or manufactured according to the Customer’s specifications, acknowledgement of the absence of a right of withdrawal.
      9. Validation of the order.
      10. Selection of the method of payment.
      11. Compliance with the instructions of the online payment server to pay the price inclusive of all taxes and any delivery costs.

      15.3. The Customer shall then receive an email confirming and summarising the order placed and the payment of its price. This email is sent to the email address previously provided by the Customer in their User Account or updated via their User Account.

      This acknowledgement email constitutes confirmation that the order has been recorded by BROSSIER SADERNE.
       By keeping and/or printing this email, the Customer holds proof of their order, which BROSSIER SADERNE recommends retaining.

      15.4. The Customer is responsible for the accuracy of the information provided (address, contact details, etc.).
       Any error may result in additional costs or delays, which may not be attributed to BROSSIER SADERNE.

      In the event of non-payment, BROSSIER SADERNE reserves the right to suspend the manufacture or dispatch of the Products until the issue has been resolved.
       In the event of fraud or attempted fraud, BROSSIER SADERNE reserves the right to cancel the order.

      15.5. For any sale exceeding one hundred and twenty euros (€120), BROSSIER SADERNE shall retain proof of the transaction and guarantee access thereto to the Customer, upon request, for a period of ten (10) years from delivery of the Product(s).

      Article 16 – Stock management and withdrawal of Products

      16.1. The email sent to the Customer confirming and summarising the order confirms that the Customer’s order has been considered by BROSSIER SADERNE and does not constitute confirmation that the Product ordered is available.

      16.2. BROSSIER SADERNE undertakes to fulfil online orders only within the limits of available stock.

      16.3. About customised Products, such Products are manufactured at the Customer’s request and may therefore become unavailable in the event of difficulties in sourcing the components required for their manufacture.

      16.4. If a Product ordered is unavailable, the Customer shall be informed by email as soon as possible.

      In the event of unavailability of the ordered Product, the Customer may either cancel the order for the unavailable Product or choose another Product.
       In the event of cancellation due to unavailability, the Customer shall be refunded within fourteen (14) days from receipt of their cancellation request, provided that the price of the unavailable Product has already been paid to BROSSIER SADERNE.

      16.5. In the event of a genuine and serious reason requiring the withdrawal of a Product from sale following a decision by BROSSIER SADERNE, a judicial or customs authority, or a state control body such as the DGCCRF, the Product shall be removed from the Website as soon as possible and any orders in progress shall be automatically cancelled, without any right of claim by the Customer against BROSSIER SADERNE.

      Article 17 – Payment

      17.1. Any order placed on the Website constitutes an order with an obligation to pay.
       Validation of the order implies acceptance of the Product prices, delivery costs and the GTC.

      17.2. Billing and currency 

      Invoices are payable in euros (€).
       The invoice is issued in the name and to the address provided by the Customer at the time of the order.

      17.3. Accepted methods of payment
       The Customer may pay for their order using the following methods:

      • bank card: Carte Bleue, Visa, Mastercard.
      • payment in instalments with Alma: payment in 3 or 4 instalments, subject to eligibility.
      • bank transfer.

      17.3.1. Payment by bank card

      Payment by bank card is made via a secure payment solution.
       The Customer’s banking data are encrypted (SSL protocol) and are never communicated to BROSSIER SADERNE.
       The order is deemed final once payment has been accepted by the banking institution.

      17.3.2. Payment in instalments with Alma

      Subject to eligibility, the Customer may choose to pay in 3 or 4 interest-free instalments with Alma, from the minimum amount specified on the Website.

      The Alma credit service is offered for the payment of purchases and the execution of payment, provided that the person purchasing the goods or services through Alma (the “Buyer”) accepts the instalment or deferred payment agreement.
       Fees may be charged by Alma.

      Any refusal by Alma to grant instalment or deferred payment may result in the cancellation of the purchase contract (GTC), unless the Buyer agrees to pay the full purchase amount upfront.

      In the event of termination of the GTC, the instalment or deferred payment agreement shall be automatically terminated.
       In the event of withdrawal from the instalment or deferred payment solution used, the GTC shall be automatically terminated unless the Buyer pays the full purchase amount via Alma. If the Product has already been dispatched, it must be returned within the timeframe provided for in these GTC.

      For any questions relating to Alma payments, the Customer may consult Alma’s help page and/or contact Alma directly using the contact details provided on the Alma help page.

      17.3.3. Payment by bank transfer

      The Customer may choose to pay for their order by bank transfer.

      In this case:

      • After validation of the order, the Customer receives a summary email indicating:
        1. the exact amount to be paid.
        2. the bank details of BROSSIER SADERNE.
        3. the order reference, which must be indicated in the bank transfer instructions.
      • The order will be prepared and dispatched only after effective receipt of the bank transfer by BROSSIER SADERNE.

      If payment is not received within fifteen (15) days from the date of the order, the order may be automatically cancelled by BROSSIER SADERNE.
       Any bank transfer fees remain the responsibility of the Customer.

      17.4. Payment security
       BROSSIER SADERNE uses all appropriate means to ensure the security of online payments through standard market encryption protocols.
       However, the Customer remains responsible for the proper use of their payment methods.

      17.5. Non-payment
       In the event of payment refusal, anomaly, suspected fraud or non-payment, BROSSIER SADERNE reserves the right to:

      • block dispatch of the Products.
      • cancel the order.
      • and/or suspend access to the User Account.

      Article 18 – Performance of the order and delivery

      18.1. Order tracking

      After validation of the order and payment, the Customer receives a confirmation email.
      The Customer may track the progress of their order via their User Account.

      18.2. Manufacturing / preparation

      For certain Products, in particular customised or made-to-order Products, a manufacturing lead time may apply.
      The Customer is informed of an indicative lead time on the product page and/or at the time of ordering.

      18.3. Delivery methods

      Delivery of the Products is carried out, at the Customer’s choice at the time of ordering:

      • to the delivery address indicated by the Customer (home delivery).
      • to a collection point selected from a list of available points.
      • by a specialised carrier for bulky Products or Products requiring specific handling.

      18.4. Information on delivery costs and lead times

      The following information is communicated to the Customer:

      • the delivery methods available depending on the delivery address and the Products ordered.
      • partner carriers.
      • any applicable restrictions (non-serviced areas, weight or volume limits).
      • the amount of delivery costs, calculated according to:
         – the country;
         – the delivery method;
         – the weight and volume of the Products.

      The total amount of delivery costs is indicated:

      • in the shopping basket.
      • then reiterated in the order summary prior to payment.
      • and confirmed in the order confirmation email.

      18.5. Home delivery and delivery to collection points

      Home delivery and delivery to collection points are carried out by BROSSIER SADERNE’s partner carriers (including DPD, DPD Pickup and specialised carriers).

      Delivery is deemed to have been completed when:

      • the Customer, or
      • a third party designated by the Customer,

      takes physical possession of the Product(s), as evidenced by carrier tracking and/or signature of a delivery note.

      In the event of any apparent anomaly (opened or damaged parcel, missing Products, etc.) at the time of delivery or collection from a collection point, it is the Customer’s responsibility to:

      • immediately record clear and precise written reservations on the delivery note or with the collection point.
      • refuse the parcel if necessary.
      • inform BROSSIER SADERNE as soon as possible, preferably by email, attaching photographs.

      It is reminded that the risks of loss or damage to the Product(s) are transferred to the Customer as soon as the Product(s) have been received.

      18.6. Delivery lead times

      Indicative delivery lead times are communicated:

      • on the product page.
      • then recalculated and displayed in the shopping basket.
      • and reiterated in the confirmation email.

      These lead times consider:

      • preparation or manufacturing time.
      • the delivery method chosen.
      • the delivery address.

      The delivery lead time begins to run from the date of receipt of payment by BROSSIER SADERNE.

      In the event of an order comprising several Products with different lead times, the longest lead time may apply to the entire order, unless partial shipment is decided by BROSSIER SADERNE.

      18.7. Late delivery

      In the event of a delivery delay compared with the initially announced indicative lead time, BROSSIER SADERNE shall inform the Customer.

      In accordance with Article L.216-2 of the French Consumer Code, in the event of an unjustified delay:

      1. the Customer may formally request BROSSIER SADERNE, in writing (by letter or email), to deliver within an additional reasonable period.
      2. if delivery has not taken place within this new period, the Customer may terminate the sale.
      3. in the event of termination, BROSSIER SADERNE shall refund the Customer all sums paid (Products and standard delivery costs) within fourteen (14) days from the date of termination.

      Where the delivery lead time constitutes an essential condition of the contract for the Customer (case provided for in Article L.216-2, paragraph 3), the Customer may immediately terminate the sale if such lead time is not complied with.

      Article 19 – Customer service and complaints

      19.1. Customer Service contact

      For any questions relating to:

      • Products,
      • an order,
      • delivery,
      • payment,
      • returns,
      • after-sales service,

      the Customer may contact BROSSIER SADERNE:

      • by email: info@brossier-saderne.com
      • by post:
         BROSSIER SADERNE – Customer Service
         29, Avenue de la Fontaine
         49070 Beaucouzé – France

      19.2. Complaints

      Any complaint relating to a Product or an order must be notified to BROSSIER SADERNE within a reasonable time and, where possible, accompanied by:

      • the order number,
      • photographs,
      • a precise description of the issue.

      Article 20 – Inspection of the Products

      20.1. Inspection upon delivery

      It is the Customer’s responsibility to check the condition of the parcel and the Products at the time of delivery, regardless of the delivery method.

      • Home delivery:
        The Customer must inspect the packaging in the presence of the carrier. In the event of damage, an opened or deteriorated parcel, the Customer must make precise reservations on the delivery note and, if necessary, refuse the parcel.
      • Delivery to a collection point:
         The Customer must inspect the parcel at the time of collection. In the event of any anomaly, the Customer may refuse the parcel or make reservations with the collection point and then inform BROSSIER SADERNE.

      20.2. Reporting defects or non-conformities

      Any complaint relating to:

      • an apparent defect, or
      • non-conformity of the Product delivered compared with the order,

      must be addressed to BROSSIER SADERNE:

      • by email: info@brossier-saderne.com
      • or by post to the address of the registered office.

      The Customer is invited to provide:

      • photographs of the parcel and the Product,
      • the order reference,
      • a detailed description of the defect.

      20.3. Return authorisation

      After review of the complaint and unless there is a justified objection, BROSSIER SADERNE may issue a return authorisation.

      Where the return results from:

      • an error by BROSSIER SADERNE, or
      • a proven non-conformity,

      The return costs shall be borne by BROSSIER SADERNE, in accordance with the procedures communicated to the Customer.

      20.4. Absence of return authorisation

      BROSSIER SADERNE reserves the right to refuse any return:

      • not previously authorised, or
      • carried out without complying with the return procedure communicated.

      20.5. Return conditions

      To be validly returned and/or exchanged, the Products must:

      • not have been installed or used.
      • be complete.
      • be returned in their original packaging (or packaging providing equivalent protection).
      • include all accessories, instructions and documentation.

      Article 21 – Archiving

      21.1. Each contract for the sale of Products concluded between BROSSIER SADERNE and a Customer on the Website shall be stored by BROSSIER SADERNE on a reliable and durable medium for the period provided for by Article L.213-1 of the French Consumer Code.

      21.2. During this period:

      • the Customer may access it via their User Account.
      • in the event of closure of the User Account, the User may request access to their contracts by writing to BROSSIER SADERNE – Customer Service, 29, Avenue de la Fontaine, 49070 Beaucouzé – France, or any address subsequently substituted by BROSSIER SADERNE in the event of an amendment to the GTC under the conditions set out in Article 24.

       

      Article 22 – Right of withdrawal

      22.1. In accordance with Article L.221-18 of the French Consumer Code, the Customer has a right of withdrawal, which may be exercised within fourteen (14) days from the date of receipt of the Products by the Customer or a third party designated by the Customer, it being specified that:

      • the delivery date is not included in this period.
      • if this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

      22.2. During this period, the Customer may return the undamaged Product(s) without having to provide any reason or pay any penalties.
      All Products are eligible for the right of withdrawal, except those excluded by Article L.221-28 of the French Consumer Code.

      The right of withdrawal does not apply, in particular, to:

      • Products made according to the Customer’s specifications or clearly personalised.
      • Products that have been installed or used.

      22.3. Terms for exercising the right of withdrawal

      The Customer may exercise the right of withdrawal:

      • by sending a request by email to: info@brossier-saderne.com.
      • by completing the online withdrawal form:
         https://brossiersaderne.com/retractation/index/index;
      • or by post to the Customer Service address.
      • by clearly expressing their wish to withdraw (an unambiguous statement), indicating at least:
         – their identity,
         – their order number,
         – the Products concerned by the withdrawal.

      BROSSIER SADERNE may provide a standard withdrawal form, the use of which is optional.

      22.4. Withdrawal before dispatch

      If the Customer exercises their right of withdrawal before the Products are dispatched, BROSSIER SADERNE shall refund all sums paid (Products and standard delivery costs) within a maximum period of fourteen (14) days from receipt of the withdrawal request.

      22.5. Withdrawal after delivery – Return of Products

      Where withdrawal occurs after delivery, the Customer must:

      • return the Products to the address communicated by BROSSIER SADERNE (Returns Department).
      • without undue delay.
      • and no later than fourteen (14) days after communicating their decision to withdraw.

      The Products must be returned:

      1. in their original packaging or protective packaging.
      2. in perfect condition.
      3. complete (accessories, instructions, parts).
      4. suitable for resale as new.

      Returns are made at the Customer’s expense and risk until receipt by BROSSIER SADERNE, except in the event of an error by BROSSIER SADERNE or initial non-conformity.

      The Customer is responsible for any damage suffered by the Products during return transport.

      22.6. Refund

      BROSSIER SADERNE reserves the right:

      • to delay the refund until the Products have been effectively recovered.
      • not to refund in full if the returned Product is not suitable for resale as new (damage, signs of installation, missing packaging, etc.).

      Subject to compliance with the above conditions, BROSSIER SADERNE shall refund the price of the returned Products within a maximum period of fourteen (14) days from:

      • the date on which BROSSIER SADERNE is informed of the decision to withdraw,
         OR
      • the date of actual receipt of the returned Products (or proof of dispatch),

      the later of the two dates being retained.

      The refund shall be made using the same means of payment as that used for the order, unless the Customer expressly agrees otherwise, and at no additional cost.

      Examples:

      • payment by bank card → refund to the same card (or associated account).
      • payment via Alma → refund via Alma in accordance with its terms.
      • payment by bank transfer → refund by bank transfer.

      Article 23 – Warranties

      The Customer benefits from the legal guarantee of conformity (Articles L.217-1 et seq. of the French Consumer Code) as well as the guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code) for all Products marketed by BROSSIER SADERNE on the Website.

      Proof of purchase (invoice) may be requested from the Customer.

      It is recalled that these legal guarantees apply independently of any commercial warranty that may be granted by BROSSIER SADERNE.

      23.1. Legal guarantee of conformity

      23.1.1. The Customer has a period of two (2) years from delivery of the Products to act under the legal guarantee of conformity.

      23.1.2. In such case, the Customer may choose between repair or replacement of the Product(s), subject to the cost conditions provided for by Article L.217-9 of the French Consumer Code.

      23.1.3. The Customer is not required to prove the existence of the lack of conformity of the Products during the twenty-four (24) months following delivery of the Product(s).

      23.1.4. The Customer may not challenge conformity by relying on a defect they knew about or could not have been unaware of at the time the contract was entered into. The same applies where the defect originates from materials supplied by the Customer.

      23.1.5. The following provisions of the French Consumer Code relating to the legal guarantee of conformity are recalled below.

      Article L.217-4:
      “The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
      The seller is also liable for any lack of conformity resulting from packaging, assembly instructions or installation where such installation was the seller’s responsibility under the contract or was carried out under the seller’s responsibility.”

      Article L.217-5:
      “The goods conform to the contract:
      1° If they are fit for the purpose usually expected of similar goods and, where applicable:

      • if they correspond to the description given by the seller and possess the qualities presented by the seller to the buyer in the form of a sample or model.
      • if they possess the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or its representative, in particular in advertising or labelling;
         2° Or if they have the characteristics defined by mutual agreement between the parties or are fit for any special purpose sought by the buyer, made known to the seller and accepted by the seller.”

      Article L.217-7:
      “Lacks of conformity appearing within twenty-four months from delivery of the goods are presumed to have existed at the time of delivery, unless proved otherwise.
      For second-hand goods, this period is set at six months.
      The seller may rebut this presumption if it is incompatible with the nature of the goods or the alleged lack of conformity.”

      Article L.217-8:
      “The buyer is entitled to require the goods to conform to the contract. The buyer may not, however, challenge conformity by relying on a defect they knew about or could not have been unaware of at the time the contract was entered into. The same applies where the defect originates from materials supplied by the buyer.”

      Article L.217-9:
      “In the event of lack of conformity, the buyer chooses between repair and replacement.
      However, the seller may not proceed according to the buyer’s choice if that choice results in a cost that is manifestly disproportionate compared with the alternative option, having regard to the value of the goods or the significance of the defect. In such case, the seller must proceed, unless impossible, according to the option not chosen by the buyer.”

      Article L.217-10:
      “If repair and replacement are impossible, the buyer may return the goods and obtain a refund, or keep the goods and obtain a partial refund.
      The same option is available:
      1° If the solution requested, proposed or agreed under Article L.217-9 cannot be implemented within one month following the buyer’s complaint;
      2° Or if this solution cannot be implemented without major inconvenience to the buyer, having regard to the nature of the goods and the use sought.
      Cancellation of the sale may not be granted if the lack of conformity is minor.”

      Article L.217-11:
      “The application of Articles L.217-9 and L.217-10 shall be free of charge for the buyer.
      These provisions do not prevent the award of damages.”

      Article L.217-12:
      “Any action resulting from lack of conformity is time-barred two years after delivery of the goods.”

      23.2. Guarantee against hidden defects

      23.2.1. The Customer may also decide to rely on the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the French Civil Code.

      23.2.2. Any action by the Customer under the guarantee against hidden defects must be brought within two (2) years from discovery of the defect.

      23.2.3. In such case, the Customer may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French Civil Code.

      23.2.4. The guarantee is excluded:

      • where the defective operation of the Product results from normal wear and tear or negligence, lack of maintenance, or incorrect assembly/installation by the Customer or a third party acting on their behalf.
      • where the defect results from modification of the Product, misuse, or use that does not comply with its original specifications, in particular where Products are used with lamps exceeding the recommended wattage.

      23.2.5. The following provisions of the French Civil Code relating to the guarantee against hidden defects are recalled below.

      Article 1641:
      “The seller is bound by a warranty in respect of hidden defects in the item sold which render it unfit for its intended use, or which so impair that use that the buyer would not have purchased it, or would have paid a lower price for it, had they known of them.”

      Article 1642:
      “The seller is not liable for apparent defects that the buyer was able to observe themselves.”

      Article 1643:
      “The seller is liable for hidden defects even if they were unaware of them, unless in that case the seller stipulated that they shall not be bound by any warranty.”

      Article 1644:
      “In the cases provided for in Articles 1641 and 1643, the buyer may choose to return the item and obtain a refund of the price or keep the item and obtain a partial refund.”

      Article 1645:
      “If the seller knew of the defects in the item, they are liable, in addition to refunding the price received, for all damages suffered by the buyer.”

      Article 1646:
      “If the seller was unaware of the defects in the item, they are liable only to refund the price and reimburse the buyer for the costs incurred by the sale.”

      Article 1648:
      “Any action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.
      In the case provided for in Article 1642-1, the action must be brought, on pain of being time-barred, within one year from the date on which the seller may be discharged of apparent defects or lack of conformity.”

      Article 24 – Amendments to the GTC

      24.1. BROSSIER SADERNE reserves the right to amend and update its GTC at any time.

      24.2. Any amendment or update shall take effect from the date it is published online on the Website.

      24.3. It shall apply only to purchases made from its effective date and shall therefore not apply to purchases already made.

      III. GENERAL PROVISIONS

      Article 25 – Bloctel

      25.1. It is specified that, in accordance with Articles L.223-1 et seq. of the French Consumer Code, the User is informed that they may, if they wish, register on the Bloctel telephone marketing opt-out list, accessible at: http://www.bloctel.gouv.fr/

      25.2. Registration on this list is free of charge.

      25.3. It applies to all professionals, except those with whom the User has already entered a contract.

      Article 26 – Personal data and cookies

      26.1. BROSSIER SADERNE carries out processing of personal data relating to Users and Customers.
       Such processing is subject to separate information provided to Users and Customers, in particular through notices displayed on the Website and the Website’s data protection policy available at the following address:
       https://www.brossier-saderne.com/fr/privacy-policy

      26.2. BROSSIER SADERNE uses cookies and other technologies on the Website enabling information to be accessed and stored on Users’ and Customers’ terminal equipment (computers, phones, etc.).
       Such use is subject to separate information provided to Users and Customers, in particular through notices displayed on the Website and the cookie policy accessible at the following address:
       https://www.brossier-saderne.com/fr/privacy-policy

      Article 27 – Force majeure

      27.1. BROSSIER SADERNE shall not incur liability, nor be deemed to be in breach of any clause of the GTU and/or the GTC, if it is delayed or prevented from performing an obligation due to a force majeure event or due to any act or event beyond its control.

      27.2. By express agreement, in addition to those usually recognised by the case law of French courts and tribunals, and without limitation, the following are considered force majeure events or acts/events beyond the control of BROSSIER SADERNE: wars, insurrections, riots, natural or chemical disasters, social conflicts (internal or affecting suppliers or third-party intermediaries), lock-outs, adverse weather conditions, blockages of transport or supply means for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, blockages or interruptions of telecommunications or electronic networks or hosting providers, interruptions of energy supply, failures of IT systems, software or other equipment or technologies on which BROSSIER SADERNE depends, insofar as they prevent or delay performance of the GTU and/or the GTC.

      27.3. In the event of such a case, act or event, BROSSIER SADERNE shall inform by email Customers whose order is being processed and may be affected by such case, act or event.

      Article 28 – Nullity or invalidity of a clause

      28.1. If one or more provisions of the General Terms are deemed invalid or declared as such pursuant to a law or regulation or following a final decision of a competent court, the other provisions shall remain in force provided that the substance of the contract is not thereby altered.

      28.2. The parties then agree to replace the null and invalid clause with a new provision consistent with the parties’ intention.

      Article 29 – Assignment

      Subject to this not resulting in a reduction of the rights of Users and Customers, BROSSIER SADERNE may freely assign at any time all or part of its rights and obligations under the General Terms (in particular by transfer of business, contribution of assets, merger).

      Article 30 – Waiver / Tolerance

      30.1. The fact that one party does not require or enforce performance by the other party of certain provisions of the General Terms shall not be construed as a waiver by the other party of its right to require or enforce performance of such provisions.

      30.2. Except as expressly and specifically provided in the General Terms, statements, agreements, waivers or other acts or omissions by BROSSIER SADERNE shall in no circumstances be interpreted as amending the General Terms and shall be binding only if made in writing and signed by the parties.

      Article 31 – Complaints and mediation

      31.1. In the event of difficulty relating to use of the Website or an order, the User or the Customer may submit their complaint to BROSSIER SADERNE by registered letter with acknowledgement of receipt sent to:
       info@brossier-saderne.com

      BROSSIER SADERNE – Customer Service
       29, Avenue de la Fontaine – 49070 Beaucouzé – France

      31.2. If resolution of the dispute between the parties fails, the parties may refer the matter to the competent court.

      31.3. In accordance with Title I of Book VI of the French Consumer Code and subject to Article L.612-2 of the French Consumer Code, the Customer, as a consumer, may also choose, prior to court proceedings, to refer the matter to a consumer mediator in the event of a dispute with BROSSIER SADERNE.
       The independent consumer mediator appointed by BROSSIER SADERNE is:

      • Centre de Médiation et d’Arbitrage de Paris (CMAP)
      • 39 avenue Franklin D. Roosevelt, 75008 Paris, France

      The Customer may also refer the matter to the competent public-sector consumer mediator, should one exist.

      31.4. To refer a matter to a consumer mediator, the Member must first contact BROSSIER SADERNE by sending a registered letter with acknowledgement of receipt to the address mentioned in Article 31.1.

      31.5. If there is no response within two (2) months, or if the response is unsatisfactory, the Customer may, provided they have not already brought the matter before a competent court and within a maximum period of one (1) year from the date of sending the Customer’s first complaint to BROSSIER SADERNE, use the mediation service free of charge for consumer disputes.
       Disputes may not be reviewed by the mediator where the request is manifestly unfounded or abusive, or has previously been examined or is currently being examined by another mediator or by a court.

      31.6. To submit the dispute to the mediator, the Customer may contact CMAP:

      • i) using the online form on CMAP’s website: www.mediateur-conso.cmap.fr
      • ii) by email: consommation@cmap.fr
      • iii) by ordinary or registered post to: CMAP – Consumer Mediation Service, 39 avenue Franklin D. Roosevelt, 75008 Paris, France,
         or refer the matter to the competent public consumer mediator, should one exist.

      31.7. Regardless of the means used to refer the matter to CMAP, the Customer’s request must contain the following elements in order to be processed promptly: the Customer’s postal details, email address and telephone number, as well as the full name and address of BROSSIER SADERNE, a brief statement of the facts, and proof of prior steps taken with BROSSIER SADERNE.

      31.8. For further information on consumer mediation:
       http://www.economie.gouv.fr/mediation-conso
       https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR
       https://ec.europa.eu/info/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_fr

      31.9. Users and Customers are also informed that, in accordance with Article 14 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the European Commission has set up a European Online Dispute Resolution (ODR) platform to facilitate independent out-of-court resolution of online disputes between consumers and professionals in the European Union.
       This platform is accessible here:
       https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

      31.10. If mediation fails or if the User or Customer does not wish to use it, they remain free to bring the dispute before the competent courts.

      Article 32 – Applicable law and competent jurisdiction

      32.1. Without prejudice to mandatory provisions applicable for the benefit of consumers, the General Terms are governed by French law.

      32.2. The language of interpretation of the General Terms is French.

      32.3. Any difficulty relating to the validity, interpretation or performance of the General Terms which has not been resolved amicably shall fall within the jurisdiction of the French courts, without prejudice to provisions applicable for the benefit of consumers allowing them, in certain cases, to bring proceedings before the competent courts of their place of residence.