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GENERAL TERMS AND CONDITIONS OF SALE AND USE - GENERAL DATA PROTECTION REGULATIONS

  • Legal Notice

brocantedeco.com (hereinafter "the site") is edited by Mrs. Labatut Patricia, having for number RCS: 511 761 843, number Siret:51176184300016, number de TVA intracommunautaire : FR 96 511761843, number EORI : FR51176184300016. 

and domiciled in this capacity at:

Home deco spirit

7 rue villeville bouloise

18350 Mornay berry

la France

The publisher can be contacted by telephone on +33 (0) 9 67 87 65 68 or by e-mail 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 editor and editor of this site is Ms. Labatut Patricia.

This site is about the online sale of used and new products.

Second-hand items are sold in the state and described by the seller using descriptive text and photographs.

Product information is provided based on the seller's knowledge.

  • Acceptance of general conditions

The order on the present site supposes the full and complete acceptance, by the Net surfer, of the present general conditions.

The user acknowledges the same fact having taken full cognizance.

This acceptance will consist in the fact, for the user, to validate the present conditions.

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

on the contrary, he renounces to challenge them in the event of a dispute.

Acceptance of these terms and conditions implies that Internet users are adults and have the necessary legal capacity

for that.

  • Order subscription method and description of the purchase process

The availability of products is indicated on the site, in the description of each article.

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

In order to place an order, users will be able to select one or more items and add them to their cart.

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

By consulting their cart, members will be able to check the number and the nature of the items they have chosen and can check their unit price and the overall price of the order. They will have the possibility of removing one or more objects 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 deadlines applicable thereto.

If their order suits them and they wish to validate it, the Net surfers will be able to click on the button to validate, the Net surfers will then be invited to control or modify their details of delivery and invoicing, to read and to validate these general conditions, then to make their payment by being redirected for this purpose on the secure payment interface.

Once the payment actually received by the publisher of the site, the latter agrees to acknowledge receipt to the customer electronically, within a reasonable time. Similarly and within the same timeframe, the publisher undertakes to send the customer an email summarizing the order and confirming the processing, including all 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 TTC (VAT not applicable, article 293B of the CGI), except expenses of delivery.

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

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

These prices may be modified at any time by the publisher; the prices displayed are valid only on the day of the order and do not have effect for

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

In any event, delivery charges will be indicated to the customer before any payment is made.

Attention, customs duties can be requested upon delivery for all countries outside the European Union.

  • Title retention clause

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 from the delivery.

  • Payment Information

The user can place an order on this site and can pay by bank transfer and credit card via PayPal.

Credit card payments are made through secure transactions provided by the provider: Paypal.

In the context of payments by credit card, the publisher of this site has access to any data relating to the means of payment of the user.

In the case of payment by bank transfer, the delivery times defined in the article below only start from the date of receipt.

effective payment by the publisher, the latter can provide evidence by any means. Products will be reserved for a period of seven days;

in the absence of payment within this period, the order will be canceled and the products put on sale on the site.

  • Delivery

Time limit

Orders are delivered by La Poste Colissimo and Mondial Relais with or without signature and with or without insurance, within 2 to 7 working days see more for the international from the perfect receipt of the price corresponding to the order.

Some products may be delivered separately and some order volumes may nevertheless justify a delivery time, it will be expressly mentioned to the consumer during the validation of the order.

Esprit Home Déco makes available to the customer the carriers above but is not responsible for the delays held by carriers.

The chosen Customer are carrier and is responsible for his choice, all times the carriers made available are reputable carriers.

Carrier Information:

- Relais Colis  delivers from Tuesday to Saturday and do not deliver on Monday, Sunday and public holidays see Relais Parcel cgv:  : https://www.relaiscolis.com/cgv

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

- The post office runs from Monday to Saturday morning.

Certains produits peuvent être livrés séparément et certains volumes de commande peuvent néanmoins justifier un délai de livraison, il en sera fait mention expresse à l’attention du consommateur lors de la validation de la commande.

Delivery error and apparent defect

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

Any delivery error with respect to the order or apparent defect must be the subject of a complaint within three clear days from the delivery. After this period, the customer will no longer be able to rely on a delivery error or an apparent defect.

Damage and partial loss

In case of delivery of a package obviously and visibly damaged, incomplete or with damaged objects, it is the customer to refuse the package in order to enjoy the warranty offered by the carrier. The customer must also inform the seller without delay so that he can proceed with the refund upon receipt of the damaged package in return. In this case, the delivery times indicated above in these terms and conditions will no longer apply.

  • Provisions relating to the rights of the consumer

Customer service

The customer service of this site is available from Monday to Friday from 10h to 18h at the following toll-free number: + 33 (0) 9 67 87 65 68 , by e-mail to the following address: contact@brocantedeco.com or by post to the following address:

Home Deco Spirit - brocantedeco.com, Ms. 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 to retract

Consistent with the legislation in force, consumers have a period of 14 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 parcel to the following address:

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

All returns must be complete (original packaging, manuals, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, they should not be worn, dirty or damaged. They must therefore be as described in the description of the product sheet and as in the photographs.

The costs of sending and return and packing remain the full and entire responsibility of the buyer and can in no case be subject to a refund.

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, because of their nature, can not be redirected or are likely to deteriorate or expire quickly. - audio or video recordings or computer software where 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 on the initiative of the consumer, upon simple written request from him, addressed by registered letter with acknowledgment of receipt.The consumer will then be reimbursed for the sums he has incurred when ordering.

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

In such a case, the client undertakes not to prosecute the site and its publisher and waives the right of cancellation of the sale provided for in this article.

  • Guarantee of new products purchased on this site

In the event of a defect of a new product bought on this site, the customers dispose, in accordance with the provisions of the civil code as regards guarantee

latent defects, within two years from the date of discovery of the defect of the product to request repair or

reimbursement and, pursuant to Article L211-5 of the Consumer Code, they shall have two years from the date of receipt of the said product to request the repair or exchange, in the event that the delivered well is not consistent, in the sense given to this word by the aforementioned article.

In order to exercise one of these rights, it is their responsibility to get closer to the customer service of this site.

The hidden defect is 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 to be understood as the delivery of the thing contractually agreed upon, the publisher of this site is not responsible for the normal wear and tear of the products, the non respect of their instructions for use, the accidental damages or resulting from an abnormal use of the products.

  • Used products

Used products do not have warranty, they are sold in the state. 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 a 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.

Some information will be essential to the conclusion of the contract and their collection will be essential to the creation of the account and the validation of the contract.

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

b) Operation

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

The publisher undertakes, however, to keep securely all contractual elements whose retention is required by law or regulation in force. The pages relating to personal spaces are freely printable by the account holder in question but do not constitute any evidence, they are only informative for the 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 terms and conditions (in particular but without this example being of any exhaustive nature, when the member knowingly provided incorrect information, during his registration and constitution of his personal space) or any inactive account for at least one year. Such removal will not be likely to constitute damage for the excluded member who can not claim any compensation for this fact. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts justify it.

  • Guarantee of new products purchased on this site

In the event of a defect of a new product bought on this site, the customers dispose, in accordance with the provisions of the civil code as regards guarantee

latent defects, within two years from the date of discovery of the defect of the product to request repair or

reimbursement and, pursuant to Article L211-5 of the Consumer Code, they shall have two years from the date of receipt of the said product to request the repair or exchange, in the event that the delivered well is not consistent, in the sense given to this word by the aforementioned article.

In order to exercise one of these rights, it is their responsibility to get closer to the customer service of this site.

The hidden defect is 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 to be understood as the delivery of the thing contractually agreed upon, the publisher of this site is not responsible for the normal wear and tear of the products, the non respect of their instructions for use, the accidental damages or resulting from an abnormal use of the products.

  • Used products

Used products do not have warranty, they are sold in the state. 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 a 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.

Some information will be essential to the conclusion of the contract and their collection will be essential to the creation of the account and the validation of the contract.

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

b) Operation

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

The publisher undertakes, however, to keep securely all contractual elements whose retention is required by law or regulation in force. The pages relating to personal spaces are freely printable by the account holder in question but do not constitute any evidence, they are only informative for the 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 terms and conditions (in particular but without this example being of any exhaustive nature, when the member knowingly provided incorrect information, during his registration and constitution of his personal space) or any inactive account for at least one year. Such removal will not be likely to constitute damage for the excluded member who can not claim any compensation for this fact. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts justify it.

c) Password

When creating the personal space, the user is prompted to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in its heading "my account" and the user thus refrains from transmitting it or communicating it to a third party. Otherwise, the site can not be held responsible for unauthorized access to a user's account.

  • Newsletter of the publisher

By ticking the box provided for this purpose, members agree that the publisher may send them, at a frequency and in a form that it determines, a newsletter (newsletter) that may include information about 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 be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

  • Mentions relative to the law Informatique et Libertés, of January 6, 1978

a) General - purpose - Duration

Internet users have the freedom to provide personal information about them. The provision of personal information is not essential for navigation on the site. On the other hand, the inscription on the present site supposes the collection, by the publisher, of a certain number of personal information concerning the Internet users.

Internet users who do not wish to provide the information necessary for the use of the services offered by this site and, if necessary, necessary for the creation of a personal space, may not use the services offered by the publisher of this website. site, nor 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's compliance with its contractual obligations. These data are stored by the publisher in this unique quality, and the publisher agrees not to use them in another frame, nor to transmit them to third parties, except express agreement of users or cases provided by law. The details of all users registered on this site are saved for a maximum of six months from the deletion of the customer account, reasonable time required for the proper administration of the site and normal use of data. These data are kept in secure conditions, according to the current means of the technique, in compliance with the provisions of the Data Protection Act of 6 January 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, all they have to do is request it from the publisher of this site, by sending it to the following email address: contact@brocantedeco.com or by post to the head office of the publisher mentioned at the beginning of these general conditions.

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

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

GENERAL RULES ON DATA PROTECTION (GDPR) Personal data The information collected on this form is recorded in a computerized file by brocantedeco.com for the management of purchases, the management of our customers. They are kept for 3 years and are intended for the marketing and commercial service established in the European Union. In accordance with the law "Informatique et Libertés", you can exercise your right of access to the 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 client area, download their personal data and / or delete their account permanently by clicking on the buttons provided for these effects.

We also inform you of the existence of the list of opposition to soliciting phone "Bloctel", on which you can register here: https://conso.bloctel.fr/

REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such 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 done anonymously, it will be kept for the same duration as the personal information and will be intended only to allow a good administration of the services offered on this site.

The IP address corresponds to a series of separate digits of points allowing the unique identification of a computer on the Internet. The publisher must communicate all personal data relating to a surfer to the Police (on legal requisition) or to any person (on the order of the judge).

The IP address of any computer may be reconciled with the actual identity of the subscriber owned by the ISP (Internet Service Provider).

Exemption of the responsibility of the publisher in the framework of the execution of this contract In case of impossibility of access to the site, due to technical problems or of any nature, the customer will not be able to claim damages and can not claim any compensation. The publisher will in no way be held responsible for the non-performance or the improper performance of the contract that may be directly or indirectly attributable to the client or to a case of force majeure, as defined by the French courts . The unavailability, even prolonged and without any limitation period, of one or more products, can not be constitutive of a prejudice for the Net surfers and can in no way give rise to the granting of damages and interests on behalf of the site or from his publisher. The visual representations of the products, published on this site, are guaranteed by the publisher as perfectly faithful to the reality, in order to satisfy his obligation of perfect information. However, in the current state of the art, the rendering of these representations in particular in terms of color or shape, may vary substantially from one computer station to another or differ from reality according to the quality of the graphic accessories and the image. screen or according to the resolution of the display. These variations and differences can not in any case be attributed to the publisher who can in no way be held liable for this fact.

As the products sold on this site are marketed in accordance with the laws and regulations in force in France, the publisher can not be held responsible for non-compliance with the regulatory and legal 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.

Similarly the responsibility of the publisher of this site can not be engaged if the visit, by the user, of one of these sites, caused him harm.

  • Intellectual property rights relating to the elements published on this site

All elements constituting the present site belong and are protected by the legislation relating to the intellectual property. Internet users therefore acknowledge that, in the absence of authorization, any total or partial copy and any dissemination or exploitation of one or more of these elements, even if modified, may give rise to legal proceedings against them by the publisher or his assigns. This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.

  • Modification of the general conditions

These terms and conditions may be modified at any time by the publisher of the site or his representative. The general conditions of sale applicable to the customer are those in force on the day of his order.

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

  • Applicable Law and Jursdiction

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

  • Amicable settlement of disputes

Except for public policy provisions, any disputes that may arise in connection with the execution of these terms and conditions may be submitted to the website publisher for an amicable settlement before any legal action.

It is expressly reminded that amicable settlement requests do not suspend the time limits for taking legal action.

Information on online dispute resolution in accordance with 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 disputes outside the purchase of goods or services online.

  • Divisibility

If one of the clauses of the present general conditions was to be declared null by a decision of justice, this nullity could not bring about the nullity of all the other clauses, which would continue to produce their effect.

  • No waiver

The fact, for the parties, not to take advantage temporarily or permanently of one or more clauses of the present general conditions, will not in any case take away to take advantage of the rest of the general conditions.

Last updated on September 03, 2019 at 9:31 am

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