cookies By browsing this site you accept the RGPD and the law on cookies, you accept the deposit of cookies. Some cookies are necessary for the proper functioning of the website, other cookies are used for analysis purposes in order to develop statistics for site improvement and analysis of traffic on this website. You can totally refuse them if you wish. More about the law More about the law cookies . More about the 

GENERAL CONDITIONS OF SALE AND USE - GENERAL DATA PROTECTION REGULATIONS

  • Legal notice

brocantedeco.com (hereinafter "the site") is edited by Mrs. Labatut Patricia, with RCS number: 511 761 843, Siret number: 51176184300016, intra-community VAT number: FR 96 511761843, EORI number: FR51176184300016.

Company name: Esprit Home Déco is domiciled in this capacity at:

Home deco spirit

7 rue villeville bouloise

18350 Mornay berry

France

The publisher can be contacted by phone at +33 (0) 9 67 87 65 68 or by email at the following address: contact@brocantedeco.com.

The site is hosted by:

1 & 1 Internet SARL

7, place de la Gare

57200 Sarreguemines C

The director of publication and responsible for writing this site is Mrs. Labatut Patricia.

The purpose of this site is the online sale of used and new products.

Used items are sold as is and described by the seller using descriptive text and photographs.

Product information is provided based on the knowledge of the seller.

  • Acceptance of general conditions

Ordering on this site implies full acceptance, by the Internet user, of these general conditions.

The Internet user recognizes by the same fact to have taken full knowledge of it.

This acceptance will consist in the fact, for the Internet user, of validating these conditions.

The Internet user recognizes the value of proof of the automatic registration systems of the publisher of this site and, except for him to provide proof

on the contrary, he renounces to contest them in the event of litigation.

Acceptance of these general conditions assumes that Internet users are of legal age and have the necessary legal capacity

for that.

  • Terms of order subscription and description of the purchase process

Product availability is indicated on the site, in the description of each item.

The creation of a customer account is a prerequisite for ordering a product on this site.

In order to place an order, Internet users can select one or more objects and add them to their basket.

When their order is complete, they can access their basket by clicking on the button provided.

By consulting their basket, members will be able to check the number and nature of the items they have chosen and will be able to check their unit price as well as the overall price of the order. They will be able to remove one or more items from their basket. This summary will also indicate to customers the option they have or not to exercise their right of withdrawal as well as the time limits that apply.

If their order suits them and they wish to validate it, Internet users can click on the validate button, Internet users will then be invited to check or modify their delivery and billing details, to read and validate these general conditions, then to make their payment by being redirected for this purpose on the secure payment interface.

Once payment has actually been received by the site editor, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable time. Likewise and within the same timeframe, the publisher undertakes to send the customer an e-mail summarizing the order and confirming the processing, further resuming all thes information relating to the order, the products ordered, their delivery, as well as the procedures for exercising their right of withdrawal.

  • Price

The prices indicated on the site are understood in Euros and expressed inclusive of VAT (VAT not applicable, article 293B of the CGI), excluding delivery costs.

Prices are firm, non-negotiable and non-revisable during the validity period, the seller reserves the right to modify the prices at any time outside the validity period.

The prices take into account any reductions that would be granted by the seller.

These prices can be changed at any time by the publisher; the prices displayed are only valid on the day of the order and do not apply to

the future. The selling price applicable to the customer is that in force on the day of his order.

The delivery costs will, in any event, be indicated to the customer before any payment.

Please note, customs duties may be requested on delivery for all countries outside the European Union.

  • Retention of title clause

The products and items sold remain the property of the publisher until full payment of their price, in accordance with this retention of title clause.

The risks are transferred to the customer upon delivery.

  • Payment information

The Internet user can place an order on this site and can pay by bank transfer, bank card via PayPal , bank card via e-transaction Crédit Agricole and by French bank check.

Payments in installments in 3 installments and 4 installments free of charge are accepted with the service provider ALMA only for France.

Credit card payments are made using secure transactions Certified in accordance with 3D-Secure security and PCI-DSS and TLS data protection standards provided by providers: Paypal, e-transaction Crédit Agricole and Alma

It is not necessary to have a Paypal account to pay by credit card on Paypal.

In the context of payments by credit card, the publisher of this site has no access to any data relating to the user's means of payment.

In case of payment by bank transfer, the delivery times defined in the article below do not start to run until the date of receipt

effective payment by the publisher, the latter being able to provide proof by any means. The products will be reserved for a period of seven days;

if payment is not made within the said period, the order will be canceled and the products put back for sale on the site.

As part of a payment by check, the item will be sent within 24 hours ( working days ) after the full cashing of the check it will take 11 clear days after the check is deposited in the bank.

  • Delivery

Update MAY 10, 2021

 

Certain products can be delivered separately and certain order volumes can nevertheless justify a delivery time, this will be expressly mentioned to the attention of the consumer when validating the order.

Delivery with Bring4you:

Heavy and bulky furniture or objects that cannot be delivered by post or relay point are delivered by the carrier Bring4you .

Bring4you ensures premium home delivery by appointment (Appointment you).

According to the article 1 or 2 travelers (deliverers) will be mobilized.

Items are insured up to 2000 euros.

Terms and delivery procedure:

After validating the order, Bring4you will contact the purchaser to propose a delivery date.

A code will be sent to the recipient of the shipment of the good before delivery.

The recipient will give this code to the traveler (the delivery person) only on condition that the shipment has been delivered in its entirety.

The traveler (the delivery man) is not as well as if the package is delivered.

Warning! Never communicate this code to the traveler (delivery person) before the complete delivery of the shipment.

Delivery time with Bring4you:

Delivery times are estimated between 2 and 15 days.

In the context of which delivery would not be possible due to a lack of passenger couriers or in the event of force majeure, the order will be canceled and refunded in full on day of cancellation of the order.

Deliveries by French Post and its partners in the following countries:

Metropolitan France, Andorra and Monaco.

and

Zone 1: Germany, Belgium, Luxembourg and the Netherlands.

Zone 2: Austria, Spain, Italy, Portugal, Ireland

Zone 3: Estonia, Hungary, Latvia, Lithuania, Poland, Republic

Czech, Slovakia, Slovenia and Sweden.

Zone 4: Bulgaria, Cyprus, Croatia, Finland, Greece, Malta and Romania.

COVID-19: Home delivery and without signature.

Usual delivery times are 3 to 10 working days, significantly longer times in the current health context.

Please send us the correctly spelled delivery address, a valid email address and a phone number

(information for the carrier and the deliverer in case of problem or taking appointment for delivery).

Thank you for your understanding.

  • Times and deliveries

Delivery timewith Bring4you:

Delivery times are estimated between 2 and 15 days.

In the context where delivery would not be possible due to a lack of passenger couriers or in case of force majeure the order will be canceled and refunded immediately.

Deadline with La Poste and Mondial Relay:

Orders are delivered by La Poste Colissimo, La Poste lettre verte, Mondial Relay with or without signature, at home or in relay point, within 2 to 7 working days or even more for the international from the perfect receipt of the price corresponding to the order and the delivery to the carrier.

Packages are generally shipped or handed to the carrier within 24 hours on business days after receipt of full payment.

- Mondial Relay book of Tuesday to Saturday and does not deliver on Mondays, Sundays and public holidays see the general conditions of Mondial Relay: https://www.mondialrelay.fr/envoi-de-colis/conditions-generales-de-vente/

We drop off parcels at a Mondial Relay point from Tuesday to Saturday.

End of update on MAY 10, 2021

 

Delivery error and apparent defect

The customer agrees to check the conformity of the product to his order upon delivery.

Any delivery error in relation to the order or apparent defect must be the subject of a complaint within three clear days of delivery. After this period, the customer will no longer be able to claim a delivery error or an apparent defect.

Damage and partial loss

In the event of delivery of a package which is clearly and visibly damaged, incomplete or containing damaged objects, it is the customer's responsibility to refuse the package in order to benefit from the guarantee offered by the carrier. The customer must also inform the seller without delay, so that he can proceed with the reimbursement upon receipt of the damaged package in return. In such a case, the delivery times indicated above in these general conditions will no longer apply.

  • Provisions relating to consumer rights

Customer service

The customer service of this site is accessible from Monday to Friday from 10 a.m. to 6 p.m. at the following non-surcharged telephone number: + 33 (0) 9 67 87 65 68 , by email to the following address: contact@brocantedeco.com or by post to the following address:

Home Deco Spirit - brocantedeco.com, Mme Labatut 7 rue Villeville Bouloises 18350 Mornay-Berry FRANCE .

In the latter two cases, the publisher will endeavor to provide a response within 72 hours.

Right of withdrawal

In accordance with the legislation in force, consumers have a period of 14 clear days from the date of receipt of the parcel to request reimbursement.

In order to exercise this right, it is their responsibility to return (at their expense) the package to the following address:

Home Deco Spirit - brocantedeco.com, Mme Labatut 7 rue Villeville Bouloises 18350 Mornay-Berry FRANCE . Accompanied by a letter requesting reimbursement .

All returns must be made complete (original packaging, instructions, accessoriess, copy of the invoice) and the returned products must be in perfect condition for resale, so they must not be worn, soiled or damaged. They must therefore be as they have been described in the description of the product sheet and as in the photographs.

Shipping, return and packaging costs remain the full responsibility of the purchaser and cannot be affected. no case be refunded.

In accordance with the legislation in force, the right of withdrawal is excluded for all orders of: - goods made to the consumer's specifications or clearly personalized or which, due to their nature, cannot be reshipped or are liable to deteriorate or expire quickly. - audio or video recordings or computer software when they have been unsealed by the consumer; - newspapers, periodicals or magazines.

Delay

Any delay in delivery of more than seven days may result in the resolution of the sale at the initiative of the consumer, on simple written request from him, sent by registered letter with request for advice reception. The consumer will then be reimbursed for the sums incurred by him when ordering.

This clause is not intended to apply if the delay in delivery is due to the customer or to a case of force majeure, beyond the control of the publisher.

In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article .

  • Guarantee of new products purchased on this site

In the event of a defect in a new product purchased on this site, customers have access, in accordance with the provisions of the Civil Code on warranty

legal for hidden defects, with a period of two years from the date of discovery of the product defect to request repair or

reimbursement, and, in application of Article L211-5 of the Consumer Code, they will have a period of two years from receipt of said product to request repair or the exchange, in the event that the goods delivered do not comply with the meaning given to this word by the aforementioned article.

In order to exercise any of these rights, it is their responsibility to contact the customer service of this site.

The hidden defect being a defect of the thing which, under normal conditions of use, renders it unfit for the use for which it is intended and the obligation of conformity being understood as delivery of the contractually agreed thing, the publisher of this site is notably not responsible for normal wear and tear of the products, non-compliance with their instructions for use, accidental damage or damage resulting from abnormal use of the products .

  • Used products

Used products do not have any warranty, they are sold as is. The condition of the product is described by the seller in the product sheet using descriptive text and photographs.

  • Customer account

a) Creating a customer account

The creation of a customer account is a prerequisite for any order from an Internet user, on this site.

To this end, the member will be asked to provide a certain amount of personal information.

The member agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the customer account.

Certain information will be essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the contract.

The refusal by a member to provide said information will have the effect of preventing the creation of the customer account as well as, incidentally, the validation of the order.

b) Operation

This space allows the customer or the member to consult all his orders made on the site and also allows them to follow the delivery of the purchased goods. If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical failure or a case of force maHowever, the publisher of this site cannot be held liable, as this information is for informational purposes only.

The publisher undertakes, however, to securely store all contractual elements, the retention of which is required by the law or regulations in force. The pages relating to personal spaces are freely printable by the account holder in question but do not constitute proof, they are only informative in nature intended to ensure efficient management of his orders by the customer. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular but without this example being of any nature whatsoever, when the member has knowingly provided incorrect information, during his registration and creation of their personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility, for the publisher, to take legal action against the member, when the facts have justified it.

  • Guarantee of new products purchased on this site

In the event of a defect in a new product purchased on this site, customers have access, in accordance with the provisions of the Civil Code on warranty

legal for hidden defects, with a period of two years from the date of discovery of the product defect to request repair or

reimbursement, and, in application of Article L211-5 of the Consumer Code, they will have a period of two years from receipt of said product to request repair or the exchange, in the event that the goods delivered do not comply with the meaning given to this word by the aforementioned article.

In order to exercise any of these rights, it is their responsibility to contact the customer service of this site.

The hidden defect being a defect of the thing which, under normal conditions of use, renders it unfit for the use for which it is intended and the obligation of conformity being understood as delivery of the contractually agreed thing, the publisher of this site is notably not responsible for normal wear and tear of the products, non-compliance with their instructions for use, accidental damage or damage resulting from abnormal use of the products .

  • Used products

Used products do not have a guarantee, they are sold as is. The condition of the product is described by the seller in the product sheet using descriptive text and photographs.

  • Customer account

a) Creating a customer account

The creation of a customer account is a prerequisite for any order from an Internet user, on this site.

To this end, the member will be asked to provide a certain amount of personal information.

The member agrees to provide accurate information under penalty of termination of the contract at the initiative of the publisher and deletion of the customer account.

Certain information will be essential for the conclusion of the contract and their collection will be essential for the creation of the account and the validation of the contract.

The refusal by a member to provide said information will have the effect of preventing the creation of the customer account as well as, incidentally, the validation of the order.

b) Operation

This space allows the customer or the member to consult all his orders made on the site and also allows them to follow the delivery of the purchased goods. If the data contained in the personal space section were to disappear as a result of a fortuitous event, a technical failure or a case of force majeure, the responsibility of the publisher of this site could not be engaged, these information which is only informative.

The publisher undertakes, however, to securely store all contractual elements, the retention of which is required by the law or regulations in force. The pages relating to personal spaces are freely printable by the holder of the account in question but do not constitute proof, they are only intended for informational purposes.born to ensure efficient management of its orders by the customer. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular but without this example being of any nature whatsoever, when the member has knowingly provided incorrect information, during his registration and creation of their personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility, for the publisher, to take legal action against the member, when the facts have justified it.

c) Password

When creating the personal space, the user is invited to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site cannot be held responsible for unauthorized access to a user's account.

  • Editor's newsletter

By checking the box provided for this purpose, members agree that the publisher can send them, at a frequency and in a form that he will determine, a newsletter (newsletter ) which may contain information relating to its activity. When the member checks the box provided for this purpose, he agrees to receive commercial offers from the publisher of this site for products and services similar to those ordered. Members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

  • Information relating to the Data Protection Act of 6 January 1978

a) General - purpose - Duration

Internet users have the free right to provide personal information concerning them. The provision of personal information is not essential for browsing the site. On the other hand, registration on this site implies the collection, by the publisher, of a certain amount of personal information concerning Internet users.

Internet users who do not wish to provide the information necessary for the use of the services offered by this site as well as, where applicable, necessary for the creation of a personal space, will not be able to use the services offered by the publisher of this site, or place an order on this site. The data collected is necessary for the proper administration of the services offered on this site as well as for the publisher to comply with its contractual obligations. These data are kept by the publisher in this sole capacity, and the publisher undertakes not to use them in any other context, nor to transmit them to third parties, except with the express consent of users or cases provided for by law. The contact details of all users registered on this site are saved for a maximum period of six months from the deletion of the customer account, a reasonable period necessary for the proper administration of the site and normal use of the data. These data are kept in secure conditions, using current technical means, in compliance with the provisions of the Data Protection Act of January 6, 1978.

b) Right of access, rectification and deletion

In accordance with the latter, they have the right to oppose, query, access and rectify the data they have provided. To do this, they just need to make a request to the editor of this site, by sending it to the following email address: contact@brocantedeco.com or by post to the address of the publisher's headquarters. mentioned at the top of these general conditions.

The personal data collected is subject to computer processing and is exclusively reserved for the site editor. The data controller is Ms. Labatut Patricia.

The personal data collected is not subject to any transfer abroad.

GENERAL REGULATIONS ON DATA PROTECTION (RGPD) Personal data The information collected on this form is recorded in a computerized file by brocantedeco.com pour purchasing management, the management of our customers. They are kept for 3 years and are intended for the marketing and sales departments established in the European Union. In accordance with the law "Informatique et Libertés", you can exercise your right of access to data concerning you and have them rectified by contacting: The data controller: https://brocantedeco.com/fr/nous-contacter .

We inform our customers that they can, from their customer area, download their personal data and / or delete their account client definitely by clicking on the buttons provided for these effects.

We are also informing you of the existence of the "Bloctel" telephone canvassing opposition list, on which you can subscribe here: https://conso.bloctel.fr/

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on free movement of these data, and repealing Directive 95/46 / EC (General Data Protection Regulation): https : //www.cnil.fr/fr/reglement-europeen-protection-donnees

c) IP address

In addition, the publisher reserves the right to collect the public Internet Protocol (IP) address of all Internet users. The collection of this IP address will be carried out anonymously, it will be kept for the same duration as the personal information and will be intended only to allow proper administration of the services offered on this site.

The IP address is a series of numbers separated by periods allowing the unique identification of a computer on the Internet. The publisher must communicate all personal data relating to an Internet user to the Police (on judicial requisition) or to any person (on order of the judge).

The IP address of any computer may be reconciled with the actual identity of the subscriber held by the ISP (Internet service provider).

Exemption from the publisher's responsibility within the framework of the execution of this contract In the event of impossibility of access to the site, due to technical problems or of any nature, the customer can not claim damage and can not claim any compensation. The publisher can in no way be held responsible for the non-performance or poor performance of the contract that may be directly or indirectly attributable to the act of the customer or to a case of force majeure, within the meaning given to it by the courts of French law. . The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Net surfers and cannot give rise in any way to the granting of damages from the site or from its publisher. The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to reality, in order to meet its obligation of perfect information. However, in the current state of the art, the rendering of these representations, in particular in terms of colors or shape, can vary significantly from one computer station to another or differ from reality depending on the quality of the graphics accessories and the screen or depending on the display resolution. These variations and differences can in no way be attributed to the publisher who can in no case be held liable for this fact.

The products sold on this site being marketed in accordance with the legislative and regulatory provisions in force in France, the publisher cannot therefore be held responsible for non-compliance with the regulatory and legislative provisions in force. in other countries.

The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites violates the laws in force.

Likewise, the publisher of this site cannot be held liable if the visit by the Internet user to one of these sites causes him prejudice.

  • The intellectual property rights relating to the elements published on this site

All the elements constituting this site belong and are protected by the legislation relating to intellectual property. Internet users therefore recognize that, in the absence of authorization, any total or partial copy and any distribution or use of one or more of these elements, even modified, will be liable to give rise to legal proceedings against them by the publisher or his successors in title. This protection will cover all textual and graphic content of the site, but also its structure, name and graphic charter.

  • Modification of general conditions

These general conditions can be modified at any time by the site editor or his agent. The general conditions of sale applicable to the customer are those in force on the day of his order.

The publisher obviously undertakes to keep all of its old general conditions and to send them to any user who requests them.

  • Applicable law and competent courts

These general conditions are subject to the application of French law and the exclusive jurisdiction of French courts. The language of the contract is French.

  • Amicable settlement of disputes

Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions may before any legal action be submitted to the appreciation of the site editor for an amicable settlement. .

It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings.

Information on online dispute resolution according to art. 14 para. 1 of the RLL (Online Dispute Resolution):

The European Commission allows consumers to resolve disputes online on one of its platforms, in accordance with art. 14 para. 1 of the RLL. The platform ( https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR ) acts as a site where consumers can try to settle out of court disputes that have arisen while purchasing goods or services online.

  • Divisibility

If one of the clauses of these general conditions were to be declared void by a court decision, this nullity cannot void all the other clauses, which would continue to have their effect.

  • No waiver

The fact, for the parties, of not availing themselves temporarily or permanently of one or more clauses of these general conditions, will in no case imply a waiver of availing themselves of the rest of the general conditions.