GTC

1. PURPOSE

These general terms and conditions of sale and use aim to define the rights and obligations of BROUSSAUD TEXTILES and the Customer of products presented by BROUSSAUD TEXTILES on its website www.maisonbroussaud.fr (hereinafter "the Site"). They apply exclusively between the company BROUSSAUD TEXTILES, SAS with share capital of €200,000 registered with the RCS of Limoges under number 490889706, having its registered office at 1 rue Prieuré 87230 Les Cars (hereinafter "MAISON BROUSSAUD"), and any individual consumer visiting or making a purchase via said Site (hereinafter "the Customer").

On the Site, BROUSSAUD TEXTILES allows the Customer to order online products of the MAISON BROUSSAUD brand (hereinafter “the Product(s)”) in accordance with these general conditions.

Any order placed with MAISON BROUSSAUD therefore entails the unreserved acceptance by the Customer of these conditions. These general conditions may be modified at any time and without notice by MAISON BROUSSAUD, the applicable conditions being those in force on the date of the order by the Customer.

These general conditions of sale are permanently accessible at the following address:

https://www.maisonbroussaud.fr in a computer format allowing their printing and/or downloading, so that the Customer can reproduce or save them.

2. PRODUCTS AND COMPLIANCE

2.1. The Products offered for sale are presented on the MAISON BROUSSAUD website and accompanied by a description.

2.2. The Products offered by MAISON BROUSSAUD comply with the standards applicable in France.

Elements such as photographs, texts, graphics and all information and characteristics illustrating and/or accompanying the Products are not contractual, which the Customer acknowledges.

Consequently, MAISON BROUSSAUD cannot incur any liability in the event of an error or omission of any of these elements or in the event of modification of said elements by the suppliers and/or publishers.

3. CUSTOMER OBLIGATIONS

3.1. The Customer declares that he/she is at least 18 years old and has the legal capacity or holds parental authorization allowing him/her to place an order on the Site.

3.2. The Client undertakes to communicate to MAISON BROUSSAUD the real and necessary information elements for the performance of the service subject to these conditions as requested online and according to his situation, in particular his surname, first name, address, telephone number and valid e-mail.

The Customer is responsible for the consequences arising from information transmitted that is false or inaccurate or whose use would be unlawful.

3.3. Once the order has been placed, MAISON BROUSSAUD sends the Customer an e-mail confirming the order. It informs the Customer of the dispatch of the Products.

3.4. The Customer can modify his data in the “my account” section.

4. ORDER

4.1. Any order will only be validated after acceptance of payment.

4.2. MAISON BROUSSAUD reserves the right to cancel or refuse an order in the event of a dispute with the Customer over a previous order.

4.3. MAISON BROUSSAUD may accept orders within the limit of available stocks. It informs the Customer of the availability of the Products sold on the Site at the time of confirmation of the order.

If, despite the vigilance of MAISON BROUSSAUD, the products are unavailable, MAISON BROUSSAUD will inform the Customer by e-mail as soon as possible. The Customer may then cancel his order and be reimbursed, if applicable, the sums already paid.

Permanent or temporary unavailability cannot in any case engage the responsibility of MAISON BROUSSAUD, nor can it give rise to any right to compensation or damages in favor of the Customer.

5. PRICE

5.1. The prices displayed on the Site are indicated in euros including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, contribution to order processing costs and packaging costs.

Shipping costs, contribution to order processing costs and packaging costs will be indicated in the Customer's basket, before final validation of the order.

Prices may be modified at any time, without notice and in particular in the event of a change in tax or economic data. Items will be invoiced on the basis of the rates in effect at the time the order is registered.

6. DELIVERY

6.1. MAISON BROUSSAUD delivers its Products in France and in all countries of the European Union and can deliver to any country on request.

The products are shipped to the delivery address indicated by the Customer when ordering. Delivery cannot be made to hotels or PO boxes. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that they have provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

In the event of a delivery delay of more than 7 working days, if the product has not been shipped, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund of the order.

If the item has been shipped before receipt of the cancellation of the order due to a delivery delay of more than 7 days, MAISON BROUSSAUD will refund the item and the shipping and return costs, upon receipt of the item, complete, in its original condition and with all labels.

MAISON BROUSSAUD undertakes to inform the Customer of the progress of the processing of his order.

In the event of damaged packages (already opened, missing products, etc.), the Customer undertakes to notify the carrier and MAISON BROUSSAUD, by any means, of any reservations within 3 days of receipt of the product.

MAISON BROUSSAUD cannot be held responsible for the consequences due to a delay in delivery that is not its fault.

7. PAYMENT

Full payment must be made when ordering. At no time may the amounts paid be considered as a deposit or down payment. The Customer pays for his order by credit card (Visa, Eurocard/Mastercard) or with his Paypal account, in accordance with the provisions of this article.

For any transaction, the Customer will indicate the number on the front of his card, the expiry date of his card and the cryptogram on the back of his card (last three digits).

The communication by the Customer of his bank card number constitutes authorization for MAISON BROUSSAUD to debit his account up to the amount of his order.

No cash on delivery shipments will be accepted, whatever the reason.

MAISON BROUSSAUD retains ownership of the item until full payment of the price by the Customer. Purchases are made securely. The payment solutions adopted by MAISON BROUSSAUD are 100% secure. For payments by credit card (Carte Bleue, Carte Bleue Visa and e-Carte Bleue), all information that Customers communicate to MAISON BROUSSAUD is strictly protected and guarantees the compliance and security of each transaction.

8. EXCHANGES AND RETURNS OF PRODUCT(S)

RIGHT OF WITHDRAWAL

Within fourteen (14) days of receipt of the order, the Customer may request that MAISON BROUSSAUD return the Product(s).

To do this, the Customer must contact customer service by email at hello@maisonbroussaud.fr and provide their order number with all the information needed to return the Product(s).

The Customer must return the Product(s) at their own expense, except in the case where they have received a product with a manufacturing defect or which does not correspond to the Customer's initial order.

The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed, accompanied by the return slip, to the following address:

Broussaud House
1 rue Priory 87230
The Cars (France)

The returned Product will be refunded within a maximum of thirty (30) days from its receipt by MAISON BROUSSAUD. This will be done by crediting the amount to be refunded to the Customer's bank account.

If the Customer fails to comply with these conditions, in particular the return conditions, MAISON BROUSSAUD will not be able to reimburse the Products concerned.

9. WARRANTIES AND LIABILITY

MAISON BROUSSAUD has, for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services, only an obligation of means. MAISON BROUSSAUD cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a service interruption, an external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.

10. INTELLECTUAL PROPERTY

Under no circumstances is the Customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).

This Site or any part of this Site may not be reproduced, copied, sold or exploited for commercial purposes without the express written permission of MAISON BROUSSAUD.

In general, all copyrights, trademarks and other distinctive signs and property or intellectual property rights appearing on the Site will remain the full and entire property of MAISON BROUSSAUD. The Customer is therefore required to respect intellectual property rights and may not use the trademarks appearing on the Site and on the Products where applicable, or register a trademark that would be detrimental to the rights holder, unless otherwise provided in the contract.

The same applies to any other intellectual property right.

11. WARRANTIES AND LIABILITY

MAISON BROUSSAUD undertakes to use Customers' confidential information only within the framework of operating its Site.

For the smooth running of the order, the personal data collected will be subject to computer processing, the Customer acknowledges being aware of this.

As such, information concerning him may be communicated to technical service providers of MAISON BROUSSAUD.

Furthermore, MAISON BROUSSAUD may apply technical means to obtain non-personal information relating to Internet users and intended to improve the functionality of the site, for example by tracking the number of visitors to certain pages.

In accordance with the law of January 6, 1978 amended by the law of August 6, 2004, the Customer has a right to access and rectify personal data concerning him appearing in the files of MAISON BROUSSAUD. Any request must be sent by e-mail to: hello@maisonbroussaud.fr

This computer processing has been declared to the National Commission for Information Technology and Civil Liberties (CNIL)

12. FORCE MAJEURE

In the event of the occurrence of a force majeure event, the party concerned must inform the other within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgment of receipt.

Expressly, the following are considered to be cases of force majeure or unforeseeable circumstances, in addition to those usually accepted by the case law of French courts and tribunals: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockages of means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdowns, blockages of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship.

All obligations of the parties will be suspended for the entire duration of the force majeure event, without compensation.

If the force majeure event continues for more than three (3) months, the contract concerned may be terminated automatically without compensation for either party.

13. GENERAL PROVISIONS

13.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the provisions of these conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not result in the nullity of the other provisions.

13.2. UPDATE
These general conditions may be modified at any time and without notice by MAISON BROUSSAUD, the applicable conditions being those in force on the date of the order by the Customer.

These general terms and conditions of sale are permanently accessible at the following address: https://www.maisonbroussaud.fr in a computer format allowing them to be printed and/or downloaded, so that the Customer can reproduce or save them.

13.3. APPLICABLE LAW – COMPETENT COURT
These general conditions are subject to French law with regard to both substantive and formal rules. Any dispute must be subject to a prior attempt at amicable settlement.

In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or third-party claims.

For the application of law 2020-105 of February 10, 2020 relating to the fight against waste and the circular economy, Broussaud Textiles undertakes to comply with the regulatory obligations, declaration and payment of the eco contribution of ready-to-wear items and household packaging. As such, the company Broussaud Textiles is registered as of January 1, ²⁰²² , under the Unique Identification Number ( UDI ) FR219336_11RHSL (RE-FASHION) as well as under the Unique Identification Number ( UDI ) FR219336_01VWSA (CITEO).

13.4.: REPRODUCTION OF APPLICABLE TEXTS (ORDER 2005-136 OF FEBRUARY 17, 2005, CONSUMER CODE, CIVIL CODE)

Art. L. 211-4. of the Consumer Code

The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed in his charge by the contract or has been carried out under his responsibility.

Art. L. 211-5. of the Consumer Code

- To comply with the contract, the property must:

1° Be suitable for the use usually expected of a similar good and, where applicable:

- correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;

- present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.

Art. L. 211-12. of the Consumer Code

The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Art. 1641 of the Civil Code

The seller is liable for the warranty against hidden defects in the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have purchased it, or would have paid a lower price for it, if he had known of them.

Art. 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect. You can contact MAISON BROUSSAUD by telephone at 05 55 36 90 90 and by e-mail at hello@maisonbroussaud.fr.