GENERAL SALES CONDITIONS

www.breuer.fr (hereunder named as « the website ») is edited by the Company Maison Breuer Sarl with a capital of 2 000 euros, whose registered office is : 105 route de Canta Galet 06200 NICE (FRANCE) identified toward the « Registre du Commerce et des Sociétés (RCS) of Nice under number 400121505 and under the European VAT number FR03 400121505 (hereunder named as « BREUER »).

Any order placed on the website is submitted to the present general sales conditions. BREUER is entitled to adjust or modify then at any time, the valid version of the general sales conditions being those on line on the website www.breuer.fr when the order is being placed.

I. THE CLIENT 

The client declares his age is above 18 years old, he has a legal capacity or he is allowed by his parents to place orders on the website. When registering his personal data in template « My accounts, the client must ensure that the compulsory information he will give are right and entire, in particular concerning his first and last names, his personal address, phone number and email address. The client can at any time modify his details in the template « My account ». In case of error or lack of accuracy in the sender’s details, Breuer cannot be hold responsible for the impossibility  to deliver the product.

II.  THE PRODUCTS 

The products offered for sale are described on the website. Breuer will bring its best care in the display and description of these products to best meet the client’s information. However it may happen that non-substantial errors can occur on the website, which the client acknowledges and accepts. In any case if the delivered product does not comply with the description on the website, the client is entitled either to use his right to withdraw or the non-conformity Breuer warranty who will in this case proceed to exchange or refund the invoiced price in whole or in part.

III.  THE ORDER 

The order placed on the website will follow the procedure set up by Breuer. The client must follow the various stages in view of confirming his order. At the beginning of this procedure, the client can check in his basket the payment means offered by the website as well as their shipping restrictions, in particular in terms of geography. Before confirming definitely his order, the client can check its detail and total cost and can amend eventual errors in order to confirm the order by expressing his approval. Any firm order by the client is a sale contract including all the present clauses. Any order will be valid only after payment approval. Breuer will consider the orders in the limit of its available product inventory. 

A confirmation e-mail with the summary of the order, in particular the products, the total cost, the quantity, the payment means and the delivery time will be sent by Breuer to the client.

Breuer is entitled to cancel or refuse any order from a client in case of dispute on a previous order. The invoice will join the shipment.

IV.  PRICE AND PAYMENT TERMS

1 Price discovery

The price of the products are mentioned in Euros, tax included (French VAT), freight charges non-included. The total cost of the order (tax and freight charges included) is mentioned on the payment sheet. Breuer is entitled to charge its prices at any time but the products will be invoiced based on the prices in force when the order is registered depending on product availability.

2 Means of payment

The products are paid cash at order confirmation. At no time the amount settled to Breuer can be considered as a deposit or installment. The payment of purchases is made by credit card. The client has access to a dedicated space of a bank, which ensures security and registration of the payment order. In this respect, the client acknowledges expressly that by informing of his credit card number to Breuer, he agrees his account to be debited in the limit of the ordered products and of the freight charges.

3 The registered data

The data registered and kept by Breuer are the proof of an order and of all the past transactions. The data registered by the payment system are the proof of the financial transactions.

4 Delivery

Breuer delivers its product in France Metropole, Corsica and all the European Union countries. The delivery cannot be made to Post-office boxes. The delivery time informed to the client is an information of the average time of preparation and shipment. In order to comply with these delivery times, the client must make sure he has forwarded accurate and full information concerning the delivery address (such as, in particular, street, building and staircase numbers, keypad, name and/or entry, phone, etc…

It is the client’s responsibility to control the conditions of delivery at receipt. If the product is damaged the client is advised to mention precisely on the dispatch note all reservation, excluding automatic statements like «subject to unpacking ».

In case of damaged parcels (open when delivered, with missing products…) the client commits himself to inform the forwarder by registered letter with recorded delivery of any reservation within 3 working days following the receipt of the goods.

In the absence of claim in this timeline, no further claim to the forwarder will be acceptable (Art. 133 of the French Code of Commerce).

The client will copy Breuer of this letter.

In accordance with the clauses of the Article L 114-1 of the French Code of Commerce, orders above 500 euros can be cancelled by the client by registered letter with recorded delivery to Breuer in case the date of delivery informed about exceeds 7 days and the delay is not caused by force majeure.

The delay of delivery will never give right to damages  nor discount, nor order cancellation when such delay comes from the client himself, either due to an unforeseeable or insuperable event from a third party to the sale contract, or in case of Force Majeure.

V.  PRODUCT CONFORMITY

It is the client’s responsibility to check the product conformity at receipt. Any defect of conformity must be notified by the client to Breuer by registered letter with recorded delivery within 15 (fifteen) days from the date of receipt of the products. Breuer will then ask the client to return the defective products in view of an exchange or a refund upon client’s requirement. Unless for a legitimate reason, any claim received over the above mentioned timeline will not be accepted and Breuer’s responsibility  will in no case be held regarding  the conformity of the products delivered to the client. Upon receipt, Breuer will check the non-conformity of the returned product. If the returned product complies with the order, Breuer will return it to the client at his freight expense. In case of confirmation by Breuer of the non-conformity of the product, Breuer will either exchange the product or refund the price and freight charges according to the client’s requirement. In case the exchange is not possible, the order is cancelled and the client refunded for the cost of the product, including freight charges.

In case of return or reshipping for a proven defect, the freight charges will be paid by Breuer. The above mentioned clauses do not deprive the client from suing Breuer for inherent defect as per the article 1641 to 1649 of the French Civil Code or from any other legal action duly recognized by the law, within two years from the date of discovery of the defect.

VI.  RIGHT OF CANCELLATION

The client has a right of cancellation enabling him to return any product, without motive nor penalty, in order to claim for the refund of the product.

The right of cancellation expires fourteen (14) days after the client or a third party (other than the forwarder) duly named by the client, will physically take  possession of the goods, or in case of split delivery of the products, after the day the client or a third party (other than the forwarder), duly named by the client, will physically take possession of the last-delivered goods.

The request for return must be made within fourteen (14) days from the date of receipt of the order by the client. 

The client must inform Breuer of his decision of cancellation by means of a clear statement by mail to serviceclients@breuer.fr 

This statement must specify the name of the client, his full address and, when available, his phone number and e-mail address. Once the request for return is sent, the client receives a confirmation mail to enclose with the returned goods.

The product must be sent back by the client within 14 days maximum form the date of receipt of Breuer’s email confirming his request, in perfect selling condition, in its original packaging, complete, labelled, not worn, not washed, not stained. The return freight charges of the product are at the client’s expense. This timeline is considered valid if the client sends back the goods before expiry of the fourteen (14) days delay.

The return of the product must be made preferably, by post or registered parcel to the following address : Maison Breuer Sarl - 105 Route de Canta Galet 06200 NICE (FRANCE)

VII.  REFUND

Subject to the respect of the conditions governing the right of cancellation as described in the Article VI, Breuer will refund to the client the total amount of the returned goods within fourteen (14) days from the date of receipt by Breuer of the products, with the exception of the shipping freight charges remaining at the client’s expense. Breuer will make the refund by the same means of payment used by the client for his previous transaction.

VIII.  JURIDICTION AND GOVERNING LAW

Any order will automatically be submitted with the client’s consent to the present general sales conditions, governed by the laws of France. In case of dispute, the French Courts only are competent. 

In case of difficulty or claim about an order, the client can ask Breuer’s commercial service (serviceclients@breuer.fr) in order to find an amicable solution.

IX.  FORCE MAJEURE

Breuer will not be hold responsible for the part or total non-execution of its obligations related to the present contract if such non-execution is caused by a force majeure event, such as in case of troubles or complete strike of the Post-office and means of transportation and/or communication, flood or fire.

Breuer will inform the client is such force majeure event occurs within five (5) days following its occurrence.

After one (1) month’s delay of interruption in the execution of the present contract due to force majeure, both parties will be free from their mutual obligations. Eventually Breuer will refund the client as early as possible.

X.  COMPUTER SYSTEMS AND FREEDOM CONDITIONS

Breuer strictly commits itself to collect and handle all personal data of its clients with  respect of legal clauses and regulations in force and in particular those related to the French law of 6th January 1978.

The information collected by Breuer when the client places an order and opens his account on the website are useful to manage the transaction and to this purpose can be forwarded partly or in full to Breuer’s providers of service intervening in the execution of the order. The client is informed that these personal data can be collected by an institution in charge of analyzing the orders and of contending for credit card fraud. In accordance with the « Computer systems and freedom conditions »French  law N° 78-17 of 6th January 1978, the client has a right of access, of amendment, of opposition and of deletion of all personal data. The client can also strive against this processing for legitimate reasons. In order to exercise these rights a simple mail or a letter to Breuer is sufficient. The client is informed that in case of exercising his right of cancellation or deletion part or all the website can become unattainable to him.

Cookies

A cookie is a short file protected in your computer or cell phone and available at any further time. Breuer uses cookies to make your visit smoother and more pleasant. Breuer does not use cookies to keep personal data nor to inform third parties. On the contrary Breuer registers information about browsing on the website (referred pages, date and time of browsing etc…) which can be read during later visits so as to facilitate the ergonomy of the visit or to adapt  the website pages to the client’s « profile ». Such data are kept for a period of thirteen (13) months.

The client can easily delete the cookies from his computer or his cell phone thanks to the browsing system. For information about the management and deletion of the cookies, please refer to the template « assistance of your browsing system » or click in the menu « tools » or « browsing in privacy ».

According to the client’s preference, he can switch off the cookies or ask to be advised every time a new cookie comes into his computer or cell phone. The client is informed that in case he switches off the cookies he will not benefit by all the functionalities. Breuer uses third party cookies in order to collect aggregated statistics in such tools as Google Analytics and Eulerian.These cookies can be long-lasting or transitory. The long-lasting cookies are stored in the client’s computer or cell phone for a maximum period of thirteen (13) months.

In addition when the client browses on the website, cookies from partner companies can enter the client’s computer. These cookies are meant to identify the referred  or purchased goods and to collect browsing data in order to personify the promotional offer sent to the client outside the website. In the framework of this type of promotional partnership, the website can forward to the partner companies, some data about the referred articles when browsing on the website as well as the type of his purchase.

The client can refuse these cookies at any time by choosing the appropriate parameters in his browsing system or by clicking in the menu « tools » or « browse in privacy »

XI. INTELLECTUAL PROPERTY 

All the information showing on the website and the website itself are protected by copyright, trademark, design and model law and/or any other intellectual property laws. These information belong to Breuer or can be used with the previous agreement of their owners.

In this respect any copy, representation, use, adaptation, modification, incorporation, part or full trading, by whatever proceeding or on whatever material are strictly forbidden without the prior consent of Breuer, with the exceptions mentioned in the article L122-5 of the French Code of Intellectual Property.

REGISTERED OFFICE

105 Route de Canta Galet 06200 NICE FRANCE

PARIS STORE

8, rue Chevalier St Georges 75001 PARIS FRANCE

PARIS SHOW ROOM

10, rue Chevalier St Georges 75001 PARIS FRANCE