Last updated on 19/09/2024
(Change in deadlines for collecting your package at a Mondial Relay or Locker point = 5 days)
GENERAL TERMS AND CONDITIONS OF SALE AND USE - GENERAL DATA PROTECTION REGULATION
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Legal Notice
brocantedeco.com (hereinafter referred to as "the site") is published by Mrs. Labatut Patricia, with the following numbers:
RCS number of Bourges: 511 761 843
Siret number: 51176184300016
EORI number: FR51176184300016
REP IDU number: FR357967_01URBE
LUCID-Reg.-Nr.: DE5741170005364
VAT not applicable: art. 293 b of the French General Tax Code
EI: Mrs. Labatut Patricia
Company name: Esprit Home Déco is domiciled at:
Esprit home deco
7 rue Villeville Bouloise
18350 Mornay berry
France
The publisher can be reached by phone at +33 (0)9 67 87 65 68 from Monday to Friday from 9:30 am to 4:00 pm
A voicemail is available in case of absence for shipping purposes.
Or by email at the following address: contact@brocantedeco.com.
The site is hosted by:
https://www.easyhoster.com/
Kim Communication Limited Unit B, 3/F, Kai Wan House 146 Tung Choi Street Mongkok, Kowloon Hong Kong CR No. 2114236.
The data is hosted on 100% French servers located in France: https://www.easyhoster.com/aide/datacenter/
The publishing director and editor-in-chief of 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 a descriptive text and photographs.
Information about the products is provided based on the seller's knowledge.
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Acceptance of the general conditions
Ordering on this website implies the full and complete acceptance, by the user, of these general conditions.
The user acknowledges having fully read and understood them.
This acceptance will consist of the user validating these conditions.
The user acknowledges the evidential value of the automatic recording systems of the editor of this website and, unless he provides evidence to the contrary, waives any challenge to them in the event of a dispute.
The acceptance of these general conditions requires that users be of legal age and have the necessary legal capacity to do so.
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Order subscription terms and description of the purchasing process
The availability of products is indicated on the website, in the description of each item.
Creating a customer account is a prerequisite for ordering a product on this website.
To place an order, users can select one or more items and add them to their cart.
Once their order is complete, they can access their cart by clicking on the appropriate button.
By consulting their cart, members will have the option to check the number and nature of the items they have chosen, as well as their unit price and the total price of the order. They will have the possibility to remove one or more items from their cart. This summary will also indicate to customers whether or not they have the option to exercise their right of withdrawal and the applicable deadlines.
If their order is satisfactory and they wish to validate it, users can click on the validate button. They will then be prompted to check or modify their delivery and billing information, read and validate these general conditions, and make their payment, if applicable, by being redirected to the secure payment interface.
Once the payment has been effectively received by the website publisher, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable period of time. Similarly, and within the same deadlines, the publisher undertakes to send the customer a summary email of the order and confirm its processing, including all information relating to the order, the products ordered, their delivery, as well as the terms of exercising their right of withdrawal.
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Price
The prices indicated on the website are in Euros and expressed including VAT (non-applicable VAT, article 293B of the CGI), excluding delivery charges.
The prices are firm, non-negotiable and non-revisable except in the "Negotiable" section "Negotiable" 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 discounts that may be granted by the seller.
These prices may be modified at any time by the publisher; the prices displayed are only valid on the day of the order and do not have any effect for the future. The applicable selling price to the customer is the one in force on the day of their order.
The delivery charges will be indicated to the customer before any payment is made.
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Reservation of ownership clause
The products and items sold remain the property of the publisher until full payment of their price, in accordance with this reservation of ownership clause.
The risks are transferred to the customer upon delivery.
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Payment information
The user can place an order on this website and make payment by bank transfer, credit card via PayPal, credit card through e-transaction Crédit Agricole.
Payments by credit card are made through secure transactions certified compliant with 3D-Secure security standards and PCI-DSS and TLS data protection provided by the service providers: Paypal, e-transaction Crédit Agricole, and Klarna.
Installment payments are possible with Paypal (for individuals in France) and Klarna.
SPECIFIC INFORMATION FOR SWEDEN:
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EN Translation: Borrowing money costs money! If you cannot repay your debt on time, you risk defaulting on payment. This can lead to difficulties in renting a home, signing contracts, and obtaining new loans. For assistance, contact the budget and debt counseling service in your municipality. The contact information is available at konsumentverket.se. This requirement applies to the marketing of Klarna's financing product in Sweden, which introduces a credit cost for the user.
You do not need a Paypal account to pay by credit card on Paypal
except for payment in 4 installments without fees. Note that the 4 installments without fees is reserved only for France and individuals.
In the case of credit card payments, the publisher of this site does not have access to any data related to the user's payment methods.
In the case of payment by bank transfer, the delivery times defined in the article below only start from the date of receipt
of payment by the publisher, who can provide proof by any means. The products will be reserved for a period of seven days;
if payment is not made within this period, the order will be canceled and the products will be put back on sale on the site.
- Delivery
Some products may be delivered separately and certain order volumes may justify a delivery time, which will be expressly mentioned to the consumer when validating the order.
Deliveries by La Poste Française and its partners in the following countries:
Mainland 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, Czech Republic, Slovakia, Slovenia, and Sweden.
Zone 4: Bulgaria, Cyprus, Croatia, Finland, Greece, Malta, and Romania.
Please provide us with the correctly spelled delivery address, a valid email address, and a valid phone number.
(information for the carrier and the delivery person in case of issues or scheduling a delivery appointment).
Thank you for your understanding.
Delivery with Mondial Relay:
At a Relay Point: France, Belgium, Luxembourg, the Netherlands, Spain, and Portugal.
At home: Germany, Belgium, Luxembourg, the Netherlands, Spain, Portugal, Italy, and Austria.
Click & Collect at the headquarters:
Due to numerous requests, you can now pick up your order to avoid delivery fees if you live near the headquarters or if you are passing through the region.
Steps to follow:
You simply place your order online and select pickup at the headquarters as the delivery method
then you call or send an SMS or an email to schedule an appointment (see below for all necessary contact information).
Pickup of your order at the headquarters of the website brocantedeco.com
Since the headquarters is not a store and is not open to the public,
you have the option to receive your order in person at the DRIVE or in a BOKS COLIS (code-locked parcel box)
This method is completely FREE however an appointment is REQUIRED to come and pick up your order.
Description of the method of hand delivery in DRIVE:
You come after obtaining your appointment at the address indicated below, a person will wait for you in front of the headquarters on the day and at the time of the appointment with your order and will give it to you against:
a proof of payment for your order (the invoice that you can download in your customer area on the website) or proof of identity and/or the reference of your order.)
Description of BOKS COLIS or BOÎTE À COLIS:
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After validating or confirming your order, I will personally send you a code by email or SMS that you will have to enter on the secure keypad of the BOKS À COLIS.
For this, please make sure to provide your mobile number and email address and also check your spam folder.
If you have not received your code within 24 hours do not hesitate to contact me by phone at 06 67 79 92 67 or by SMS or email.
In any case, in case of any particular problem during your appointment, please note that there will always be someone available to assist you or in case of a BOKS malfunction.
Make an appointment after placing your order:
By phone or SMS: 06 67 79 92 67 Language FRENCH
By email: contact@brocantedeco.com
ADDRESS FOR PICKING UP ORDERS IN DRIVE OR BOKS:
7 rue Villeville Bouloise, 18350 Mornay Berry - France (See on Google maps)
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Delivery Time and Shipping
Delivery Time with La Poste, Mondial Relay:
Orders are delivered by La Poste Colissimo, La Poste lettre verte, Mondial Relay with or without signature, to home or relay point, within a period of 2 to 7 working days or more for international orders, from the date of full payment of the corresponding order and delivery to the carrier.
Parcels are generally shipped or handed over to the carrier within 24 working hours after receipt of full payment.
- Mondial Relay delivers from Tuesday to Saturday and does not deliver on Mondays, Sundays, and public holidays. Please refer to the terms and conditions of Mondial Relay: https://www.mondialrelay.fr/envoi-de-colis/conditions-generales-de-vente/
We drop off parcels at Mondial Relay points from Tuesday to Saturday.
⚠️ The customer has 5 days to pick up their parcel at a Mondial Relay point or locker.
Delivery Error and Apparent Defect
The customer agrees to check the conformity of the product to their order upon delivery.
Any delivery error or apparent defect must be reported within three calendar days from the date of delivery. After this period, the customer cannot claim a delivery error or apparent defect.
Damage and partial loss
In the event of delivery of a package that is obviously and visibly damaged, incomplete or containing damaged items, 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 they can proceed with the refund upon receipt of the damaged package. In such cases, the delivery times indicated above in these general conditions will no longer apply.
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Provisions relating to consumer rights
Customer service
The customer service of this website is available from Monday to Friday from 10am to 6pm at the following non-premium rate telephone number: +33 (0)9 67 87 65 68, by email at the following address: contact@brocantedeco.com or by postal mail at the following address:
Esprit Home Déco - brocantedeco.com, Mrs. Labatut 7 rue Villeville Bouloises 18350 Mornay-Berry FRANCE.
In these last two cases, the publisher will endeavor to provide a response within 72 hours.
Right of withdrawal
In accordance with current legislation, consumers have a period of 14 clear days from the date of receipt of the package to request a refund.
In order to exercise this right, it is their responsibility to return (at their own expense) the package to the following address:
Esprit Home Déco - brocantedeco.com, Mrs. Labatut 7 rue Villeville Bouloises 18350 Mornay-Berry FRANCE. Accompanied by a letter requesting a refund.
Any return must be made complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect resale condition, therefore they must not be worn, soiled or damaged. They must be as described in the product description and as shown in the photographs.
The shipping, return and packaging costs remain fully and entirely the responsibility of the buyer and cannot under any circumstances be subject to a refund.
Repayment deadlines
By Paypal between 1 and 15 days.
By credit card usually within 48 hours, it may take longer depending on your bank.
We transmit your refund requests within 24 hours (working days) and they are automatically processed by the payment platforms.
In accordance with current legislation, the right of withdrawal is excluded for all orders of: - goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be reshipped or are likely 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 delivery delay of more than seven days may result in the resolution of the sale at the consumer's initiative, upon simple written request from him, sent by registered letter with acknowledgment of receipt. The consumer will then be refunded the amounts committed by him when placing the order.
This clause does not apply if the delivery delay is due to the customer's fault 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 website and its publisher and waives the right to invoke the resolution of the sale provided for in this article.
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Warranty for new products purchased on this site
In the event of a defect in a new product purchased on this site, customers have, in accordance with the provisions of the Civil Code regarding the legal warranty for hidden defects, a period of two years from the date of discovery of the defect in the product to request its repair or refund, and, in accordance with Article L211-5 of the Consumer Code, they will have a period of two years from receipt of said product to request its repair or exchange, in the event that the delivered goods are not in conformity, within the meaning given to this term by the aforementioned article.
In order to exercise any of these rights, they should contact the customer service of this site.
The hidden defect being a flaw in the item that, under normal conditions of use, renders it unfit for the purpose for which it is intended, and the obligation of conformity being understood as the delivery of the contractually agreed item, the publisher of this site is not responsible for the 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.
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Used products
Used products do not come with a warranty, they are sold as is. The condition of the product is described by the seller in the product sheet using a descriptive text and photographs.
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Customer account
a) Creation of a customer account
Creating a customer account is a prerequisite for any order placed by an internet user on this site.
To this end, the member will be asked to provide a certain number of personal information.
The member undertakes to provide accurate information, failing which the contract may be terminated at the initiative of the publisher and the customer account may be deleted.
Certain information will be essential for the conclusion of the contract, and their collection will be necessary for the creation of the account and the validation of the contract.
The refusal by a member to provide said information will result in the inability to create a customer account and, incidentally, to validate the order.
b) Operation
This space allows the customer or member to view all their orders placed on the site and also allows them to track the delivery of purchased goods. If the data contained in the personal space section were to disappear due to an accident, technical failure, or force majeure, the responsibility of the publisher of this site could not be engaged, as this information is for informational purposes only.
The publisher, however, undertakes to securely retain all contractual elements required by law or regulations in force. The pages related to personal spaces can be freely printed by the account holder, but they do not constitute proof; they are only informative and intended to ensure efficient management of orders by the client. The publisher reserves the exclusive right to delete the account of any member who has violated these terms and conditions (including, but not limited to, knowingly providing incorrect information during registration and the creation of their personal space) or any inactive account for at least one year. Such deletion shall not be considered as damage to the excluded member, who shall not be entitled to any compensation as a result. This exclusion does not preclude the possibility for the publisher to take legal action against the member when justified.
c) Password
When creating a personal space, the user is prompted to choose a password. This password ensures the confidentiality of the information contained in their "my account" section, and the user therefore undertakes not to transmit or communicate it to a third party. Otherwise, the website cannot be held responsible for unauthorized access to a user's account.
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Publisher's Newsletter
By checking the box provided for this purpose, members agree that the publisher may send them a newsletter (information letter) at a frequency and in a format determined by the publisher, which may contain information related to its activities. When a member checks the box provided for this purpose, they agree 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, which is included in each newsletter (information letter).
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Information regarding the Data Protection Act of January 6, 1978
a) General - Purpose - Duration
Internet users have the free faculty to provide personal information about themselves. The provision of personal information is not necessary for browsing the site. However, registration on this site requires the collection, by the publisher, of a certain amount of personal information about 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, if 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 and for the publisher to fulfill its contractual obligations. This data is kept by the publisher in this unique capacity, and the publisher undertakes not to use it for any other purpose or to transmit it to third parties, except with the express agreement of the users or as provided by law. The contact details of all users registered on this site are kept 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 for normal use of the data. This data is kept in secure conditions, using current technology, in compliance with the provisions of the French 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, question, access and rectify the data they have provided. To do this, they simply need to make a request to the publisher of this site, by formulating it to the following email address: contact@brocantedeco.com or by postal mail to the address of the publisher's headquarters 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 data controller is Mrs. Labatut Patricia.
GENERAL DATA PROTECTION REGULATION (GDPR) Personal data The information collected on this form is recorded in a computer file by brocantedeco.com for the management of purchases and the management of our customers. They are kept for 3 years and are intended for the marketing department and the sales department established in the European Union. In accordance with the "informatique et libertés" law, you can exercise your right to access and rectify data concerning you by contacting: The data processing manager: https://brocantedeco.com/en/contact-us.
We inform our customers that they can, from their customer area, download their personal data and/or delete their accountpermanently by clicking on the buttons provided for this purpose.
We also inform you of the existence of the "Bloctel" telephone canvassing opposition list, 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/en/eu-regulation-protection-data
c) IP address
In addition, the publisher reserves the right to collect the public IP (Internet Protocol) address of all internet users. The collection of this IP address will be done anonymously, it will be kept for the same duration as personal information and will only be used for the proper administration of the services offered on this site.
The IP address corresponds to a series of numbers separated by dots allowing the unique identification of a computer on the Internet network. The publisher will have to communicate all personal data relating to an internet user to the Police (on judicial requisition) or to any person (on the judge's order).
The IP address of any computer may be linked to the actual identity of the subscriber held by the ISP (internet service provider).
Exemption of the publisher's liability in the execution of this contract In the event of impossibility of access to the site, due to technical problems or of any nature, the client cannot claim any damage and cannot claim any compensation. The publisher cannot in any case be held responsible for the non-performance or improper performance of the contract that may be directly or indirectly attributable to the client's actions or to a case of force majeure, as defined by French law. The unavailability, even prolonged and without any time limit, of one or more products, cannot constitute a prejudice for internet users and cannot in any way give rise to the award of damages from the site or its publisher. The visual representations of the products, published on this site, are guaranteed by the publisher to be perfectly faithful to reality, in order to fulfill its obligation of perfect information. However, given the current state of technology, the rendering of these representations, particularly in terms of colors or shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences cannot under any circumstances be attributed to the publisher, who cannot in any case be held liable for this.
The products sold on this site are marketed in accordance with the legislative and regulatory provisions in force in France, therefore the publisher cannot 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 cannot be engaged if the content of these sites violates the laws in force.
Similarly, the responsibility of the publisher of this site cannot be engaged if the visit, by the Internet user, to one of these sites causes harm.
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Intellectual property rights relating to the elements published on this site
All the elements constituting this site belong to and are protected by legislation relating to 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 modified, may give rise to legal proceedings brought against them by the publisher or its rights holders. This protection will cover all textual and graphic content of the site, as well as its structure, name, and graphic charter.
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Modification of the general conditions
These general conditions may be modified at any time by the publisher of the site or its representative. The general conditions of sale applicable to the customer are those in force on the day of their order.
The publisher undertakes, of course, to keep all its old general conditions and to send them to any user who requests them.
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Applicable law and competent jurisdictions
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.
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Amicable settlement of disputes
Except for provisions of public order, any disputes that may arise in the context of the implementation of these general conditions may, before any legal action, be submitted to the editor of the website for amicable settlement.
It is expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal actions.
Information on online dispute resolution in accordance with art. 14 para. 1 of the ODR (Online Dispute Resolution) Regulation:
The European Commission allows consumers to resolve disputes online on one of its platforms, in accordance with art. 14 para. 1 of the ODR. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN) acts as a site where consumers can try to settle out-of-court disputes arising from online purchases of goods or services.
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Severability
If any provision of these general conditions is declared null and void by a court decision, this nullity shall not affect the nullity of all other provisions, which shall continue to have effect.
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Non-waiver
The fact that the parties do not temporarily or permanently invoke one or more clauses of these general conditions shall in no way constitute a waiver of the remaining general conditions.