Last updated on March 14, 2024

GENERAL CONDITIONS OF SALE AND USE - GENERAL DATA PROTECTION REGULATIONS

  • Legal Notice

brocantedeco.com (hereinafter "the site") is edited by Mrs. Labatut Patricia, having the numbers:

N° RCS de Bourges: 511 761 843
N° Siret: 51176184300016
N° EORI: FR51176184300016
N° REP IDU: FR357967_01URBE
N°LUCID-Reg.-Nr.: DE5741170005364

VAT not applicable: art. 293b cgi

EI: Mrs Labatut Patricia

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

Esprit Home Déco
7 rue Villeville Bouloise
18350 Mornay berry
France

The editor can be reached by telephone on +33 (0)9 67 87 65 68 Monday to Friday from 9:30 a.m. at 4 p.m
or by e-mail at the following address: contact@brocantedeco.com.

The website 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 publication director and editor of this site is Mrs Labatut Patricia.

The purpose of this site is the online sale of used and new products.
Second-hand items are sold as-is and described by the seller at the using descriptive text and photographs.
Product information is provided based on the knowledge of the seller.

  • Acceptance of Terms and Conditions

Ordering on this site implies full and complete acceptance, by the Internet user, of these general conditions.
The Internet user acknowledges by the same fact having taken full knowledge of them .
This acceptance will consist in the fact, for the Internet user, of validating the present 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
to the contrary, he renounces contesting them in the event of a dispute.
Acceptance of these general conditions assumes on the part of Internet users that they are of legal age and have the capacity necessary legal for this.

  • Order subscription method and description of the purchase process

Product availability is indicated on the site, in the description of each item.
Creating a customer account is an essential prerequisite for ordering a product on this site.
To place an order, Internet users can select one or more items and add them to their basket.
When their order is complete, they can access their basket by clicking on the button intended for this purpose.

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 have the opportunity to remove one or more items from their basket. This summary will also indicate to customers whether or not they have the option of exercising their right of withdrawal as well as the deadlines that apply.

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

Once the payment has actually been received by the site editor, the latter undertakes to acknowledge receipt to the customer electronically, within a reasonable time. Similarly and within the same deadlines, the publisher undertakes to send the customer an e-mail summarizing the order and confirming that it has been processed, also containing all the 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 to be in Euros and expressed including VAT (VAT not applicable, article 293B of the CGI), excluding delivery costs.
Prices are firm, non-negotiable and non-revisable during the period of validity, the seller reserves the right to modify the prices at any time. time outside the period of validity.
The prices take into account any reductions 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 have no effect for
the future. The sale price applicable to the customer is that in force on the day of his order.
The delivery costs will, in any case, be indicated to the customer before any payment.

  • Retention of Title

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, credit card via PayPal, credit card by e-transaction Crédit Agricole.
Spread payments in 2 installments, 3 installments and 4 installments free of charge are accepted with the service provider ALMA only for France, Germany, Belgium, Spain and Italy.
Credit card payments are made using secure transactions Certified compliant with 3D-Secure security and PCI-DSS and TLS data protection standards
provided by service providers: Paypal, e-transaction Crédit Agricole, Alma and Klarna.

It is not necessary to have a Paypal account to pay by credit card on Paypal
except within the framework of payment in 4X (times) free of charge. Note that the 4 times free of charge is reserved only for France and individuals.

In the context of credit card payments, the publisher of this site has no access to any data relating to the user's means of payment.
In the event of payment by bank transfer, the delivery times defined in the article below only begin to run from the date of effective receipt of payment by the publisher, the latter being able to provide proof of this by all means. The products will be reserved for a period of seven days;
failure to pay within said period, the order will be canceled and the products put back on sale on the site.

  • Delivery

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

Deliveries by the French Post Office 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 or in some cases with signature.
Delivery times usual deliveries are 3 to 10 working days, noticeably longer delivery times in the current health context.

Please send us the correct delivery address, a valid email address and a valid phone number.

(information for the carrier and the delivery person in the event of a problem or making an appointment for delivery).

Thank you for your understanding.

Delivery with Mondial Relay:

In Relay point: France, Belgium, Luxembourg, Netherlands, Spain and Portugal.

At home: Germany, Belgium, Luxembourg, Netherlands, Spain, Portugal, Italy and Austria.

Click & Collect by drive or parcel box head office:

Following numerous requests, it is now possible for you to pick up your order in order to avoid delivery costs, if you live near the head office or if you are passing through the region.

Procedure:

Simply order online and select pickup from head office as the delivery method
then you call or text or email to make an appointment (see below all contact details required).

Collection of your order at the registered officeof the brocantedeco.com website

As the head office is not a store and is not open to the public,

you have the option of receiving your orderby hand in DRIVE or in BOKS PARCEL (box code parcel)

This method is completely FREE however booking an appointment is MANDATORY to pick up your order.

Description of delivery method e in person in DRIVE:

DRIVE head office

You come after having obtained your appointment at the address indicated below, a person will wait for you in front of the head office on the day and at the time of the appointment with your order and will give it to you against:

proof of payment for your order (the invoice that you can download in your customer area on site) or proof of identity and/or your order reference.)

Description BOKS PARCEL or PARCEL BOX:

Parcel box

After validation or confirmation of your order, I will personally send you by email or SMS a code that you must type on the secure keyboard of the BOKS FOR PARCELS.

To do this, be sure to fill in your mobile number and email address and also check spam.< /p>

If you haven't 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.

Anyway in case of any particular concerns during your date, know that there will always be someone available to help you or in the event of a BOKS breakdown.

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 WITHDRAWAL OF ORDERS IN DRIVE OR BOKS:

7 rue Villeville Bouloise, 18350 Mornay Berry - France (See on Google maps)

  • Times and deliveries

Delivery time with Bring4you:

Delivery times are estimated between 2 and 15 days.
In the event that delivery is not possible due to a lack of travelers or in the event of force majeure, the order will be canceled and refunded immediately.

Delay with the Post Office, Mondial Relay and Private Parcel:

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

Packages are generally shipped or delivered to the carrier within 24 hours working days after receipt of full payment.

- Mondial Relay delivers from Tuesday to Saturday and does not deliver on Mondays, Sundays and public holidays see Mondial Relay's terms and conditions: https://www.mondialrelay .fr/envoi-de-parcel/general-conditions-of-sale/

We drop off packages at a Mondial Relay or Colis Privé point from Tuesday to Saturday.

Delivery error and apparent defect

The customer agrees to check the conformitment of the product to its 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 that is obviously and visibly damaged, incomplete or containing damaged objects, it is up to the customer 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 refund 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.

  • Consumer Rights Provisions

Customer Service

The customer service of this site is available 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 e-mail to the following address: contact@brocantedeco.com or by post to the following address:

Home Deco spirit - 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 expense) the package to the following address:

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

All returns must be complete (original packaging, instructions, accessories, copy of the invoice) and the returned products must be in perfect condition for resale, so they must not be worn , not 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 and return shipping and packaging remain the full responsibility of the buyer and cannot be refunded under any circumstances.

Reimbursement deadlines

By Paypal between 1 and 15 days.
By credit card generally within 48 hours, it may take longer depending on your bank.
We send your reimbursement requests within 24 hours (working days) and are carried out automatically by payment platforms.

In accordance with the legislation in force, the right of withdrawal is excluded for all orders for: - goods made to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.; - 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 on the initiative of the consumer, upon simple written request from him, sent by registered letter with request for opinion 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 fault of the customer or to a case of force majeure, independent of the publisher's will.
In such a case, the customer agrees not to take legal action against the site and its publisher and waives the right to take advantage of the resolution of the planned sale. to this article.

  • 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
guarantee against hidden defects, within two years from the date of discovery of the defect in the product to request repair or
reimbursement, and, pursuant to Article L211-5 of the Consumer Code, they will have a period of two years from receipt of the said product to request repair or exchange, in the event that the goods delivered does not comply, within the meaning given to this word by the aforementioned article.

In order to exercise one of these rights, it is up to them to approach the customer service of this site.

The hidden defect being a defect of the thing which, under normal conditions of use, makes it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the thing contractually agreed, 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 .

  • Used products

Used products have no 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.

  • 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
guarantee against hidden defects, a period of two years from the date of discovery of the defect of the product 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 the receipt of said product to request repair or exchange, in the event that the goods delivered are not in conformity, within 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 department of this site.

The hidden defect being a defect of the thing which, under normal conditions of use, makes it unfit for the use for which it is intended and the obligation of conformity being understood as the delivery of the thing contractually agreed, 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 .

  • Used products

Used products have no 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 certain 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 member to consult all their orders made on the site and also allows them to follow the delivery of the goods purchased. If the data contained in the personal space section were to disappear following 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 having an informative character only.

The publisher, however, undertakes to securely store all contractual elements whose storage is required by law or regulation 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 informative in nature intended to ensure efficient management of their 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 having any exhaustive character, when the member has knowingly provided erroneous information, during his registration and creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage for the excluded member who will not be able to claim any compensation as a result. 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 asked to choose a password. This password constitutes the guarantee of the confidentiality of the information contained in his "my account" section and the user is therefore prohibited from transmitting it 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 ticking the box provided for this purpose, members agree that the publisher may send them, at a frequency and in a form that it will determine, a newsletter (newsletter ) which may contain information relating to its activity. When the member ticks 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).

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

a) General – Purpose – Duration

Internet users are free to provide personal information about themselves. 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, may neither 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, without the express consent of the 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 under secure conditions, according to 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 simply need to make a request to the publisher 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 beginning 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.

GENERAL DATA PROTECTION REGULATIONS (GDPR) Personal data The information collected on this form is recorded in a file computerized 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 department and the sales department 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 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 accountcustomerdefinitely by clickingon the buttons provided for these effects.

We also inform you of the existence of the "Bloctel" cold calling 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 natural persons with regard to the processing of personal data and on free movement of this 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 only be intended to allow 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 must communicate all personal data relating to an Internet user to the Police (upon judicial requisition) or to any person (upon a judge's order).

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

Exemption from liability of the publisher in the context of the execution of this contract In the event of impossibility of access to the site, due to technical problems or of any kind, the customer will not be able to claim damages and will not be able to claim any compensation. The publisher can in no way be held responsible for the non-performance or poor performance of the contract which 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 time limit, of one or more products, cannot constitute a prejudice for Internet users and can in no way give rise to the granting of damages from the site or of its publisher. The visual representations of the products, published on this site, are guaranteed by the editor as perfectly faithful to reality, in order to satisfy its obligation of perfect information. However, in the current state of the art, the rendering of these representations, particularly in terms of color or shape, may vary significantly from one computer station to another or differ from reality depending on the quality of the graphic accessories and the screen or according to the resolution of the display. These variations and differences can in no way be attributed to the publisher, who can in no way 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 present 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 contravenes the legislation in force. vigor.

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

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

All the elements constituting this site belong to and are protected by the legislation relating to intellectual property. Internet users therefore acknowledge 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 likely to give rise to legal proceedings brought against them by the publisher or his successors in title. This protection will cover all the textual and graphic content of the site, but also its structure, its name and its graphic charter.

  • Changes to Terms and Conditions

These general conditions may be modified at any time by the site editor 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 undertakes to keep all its old general conditions and to send them to any user who requests them. .

  • 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.

  • Amicable Dispute Resolution

Except for public order provisions, any disputes that may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the site editor for an amicable settlement. .
It is expressly reminded that requests for amicable settlement do not suspend the time limits open for bringing legal actions.

Information on online dispute resolution pursuant to Art. 14 par. 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 par. 1 of the RLL. The platform (https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN) acts as a site where consumers can attempt to resolve disputes arising out of court when 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 invalidate all the other clauses, which would continue to produce their effect.

  • No Waiver

The fact, for the parties, of not taking advantage, temporarily or permanently, of one or more clauses of these general conditions, will in no way imply a waiver of the right to take advantage of the rest of the general conditions.

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