GENERAL SALES CONDITIONS

Preamble/ Seller Identity/ Access to Professional and Commercial Rules (if applicable)

The preamble reminds us of the purpose of the general sales conditions. It also notes that certain products for sale on the site may be subject to special sales conditions. Additionally, the preamble provides an understanding of the professional and commercial rules the seller intends to comply with, if applicable.

The current conditions notably include the following information:

The means for reproduction and archiving of these conditions
The legal notices of the site
The general conditions of use of the site
The essential characteristics of the goods offered
The different steps to follow for the conclusion of the contract online
The technical means for identifying and correcting errors made during data entry
The languages offered
The methods for archiving and accessing the contract
The means to consult the professional and commercial rules the seller intends to comply with
The legal and contractual warranties
The deadlines, costs, and methods of delivery
The tracking of delivery and the costs of remote communication techniques
The price
The payment methods and security measures
Details on the procedures for exercising the right of withdrawal
The duration of the contract and the validity of the price.

Last updated on September 1, 2018

To see the general conditions of use of the site:

It is specified beforehand that these conditions exclusively govern the sales by the site.

These conditions are addressed to a consumer who has full legal capacity. These conditions apply to all orders you place on this site.

Brusheo is not the manufacturer of the goods for sale. The characteristics presented (photos, descriptions...) are based on information provided by the supplier. However, Brusheo respects the quality and current manufacturing standards.

If the product and/or characteristics do not match the product received by the customer.

These general conditions are presented in English.

We operate and are subject to the micro-enterprise regime.

Section 1 - The different steps to follow for the conclusion of the contract online
Order
You make your selection by browsing the pages of our site. Your selections are added to your cart when you click on "Add to Cart". At any point during your navigation on our site, you can finalize your order by clicking on "Payment".

Contract Validation
When you click on "Payment", a confirmation message appears. It summarizes all selected products and options. On this page, you can either update your cart by changing quantities and/or deleting items, or proceed by checking the box: "I accept the GTC" and "Secure payment".

You must verify in this order form all the information transmitted, especially all the useful elements for delivery (delivery address, digicode, telephones...). The prior collection of the internet user's identification elements (first name, last name, email address, banking details...) facilitates the contract conclusion steps. The client can save their details by checking the box "Save my details for next time".

If you do not need to modify the form and wish to continue your order, you must click on "Continue to shipping method".

To proceed with your order, you must finally click on "Continue to payment method" then "Place my order".

After payment on our secure server (see 'payment'), a receipt appears. It confirms the registration of your order and informs you that an email confirmation will be sent to you as soon as possible.

In case of risk related to product availability, we reserve the right to refuse an order for the same product beyond a certain quantity (more than 100).

The technical means for identification and correction of errors
You have the ability at any time to identify and correct your mistakes made during data entry. If you notice an error after the contract is concluded, you must contact us.

Section 2 - The methods of archiving and access to the contract
We will archive contracts, order forms, and invoices on a reliable and durable medium.

You have a right to access these documents for orders of an amount equal to or greater than 120 €.

Section 3 - Legal and contractual warranties
Legal Warranties
In accordance with legal provisions relating to the conformity of the goods with the contract and hidden defects (available in Annex 1 of these conditions), we will refund, repair, or exchange any apparently defective, damaged product or one that does not match your order.

We will also refund all return costs upon simple presentation of proofs (photo, video, etc.).

In this case, we invite you to read our refund policy.

Responsibility
We do our utmost to satisfy you. We are responsible for the proper execution of these general conditions. Nevertheless, our liability cannot be held due to an act of God, force majeure, the unforeseeable and insurmountable act of a third party to the contract, or non-compliance of the product with foreign legislation in case of delivery in a country other than France.

Section 4 - The deadlines, costs, and methods of delivery
Delivery Methods
We will deliver the products to the address indicated in the order form.

Delivery Deadline
We will deliver no later than the date indicated in your order confirmation message. (7 to 21 working days)

In case of a delay in delivery, we will inform you by email as soon as possible and propose a new date.

In case of unavailability of the ordered product, we will inform you as soon as possible. We will offer you a product of equal quality or price.

Delivery Costs
On Brusheo, delivery costs are free.

Delivery Tracking
You can contact us by email for any questions related to your delivery.

Nevertheless, we remind you that we offer the "Order Notification" service, which provides real-time notifications about the status and progress of your order (on average, 1 notification every 2 days).

Section 5 - The Price
The prices of our products are indicated in euros excluding taxes (VAT not applicable, art. 293 B of the CGI)

If you request delivery outside the French territory, your order may be subject to possible taxes and customs duties when it arrives at its destination.

The payment of these duties and taxes is your responsibility, and we invite you to inquire with the competent authorities of your country. You must also verify the possibilities of importing or using the products you order from us in the country of destination.

Section 6 - The payment modalities and security measures
We only collect your payment at the time of shipment. You can freely cancel your order as long as it has not been handed over to our carrier for shipment. Once your order is handed over for shipment, an email message informs you that we will collect payment.

However, sometimes the collection of payment may occur at the time of contract conclusion.

Payment Methods
You have several payment methods to settle your purchases on this site.

Either by credit cards: Visa, MasterCard, American Express, other blue cards:

Payment is made at your choice on the secure servers of our partners STRIPE. This means that no banking information about you passes through our site.

Payment by credit card is therefore perfectly secure; your order will be recorded and validated as soon as the payment is accepted by the bank you have chosen.

Or by PayPal:

With PayPal, your financial information is never communicated to Brusheo. Indeed, PayPal encrypts and protects your card number. Pay online by simply entering your email address and password.

Security
Payments via our site are secured. We have adopted the SSL (Secure Socket Layer) protocol to encrypt credit card details. To protect you against possible intrusion, we do not store credit card numbers on our computer servers.

Section 7 - Satisfied or Refunded: modalities for exercising the right of withdrawal
In accordance with legal provisions, within 14 days following the receipt of your product, you can exercise your right of withdrawal. You do not have to provide reasons or pay a penalty. Except for the return costs, which remain at your expense, we will refund all sums paid no later than 30 days following your withdrawal. At our suggestion, you may also opt for another refund method.

In accordance with legal provisions, the right of withdrawal cannot be exercised for products made to order, according to the specific specifications of the consumer, or for unsealed audio, video or computer software by the customer.

Section 6 - The duration of the contract and validity of the price.
The products remain the entire property of Brusheo until the full payment of the price by PayPal or Stripe.

Our price offers are valid only within the double limit of the validity duration of the concerned offer and the available stocks.

Our offers of goods and prices are valid if they appear online on the site on the day of the order.

Section 7 - Applicable Legislation/ Competent Jurisdiction
These conditions are subject to French law.

In case of dispute on the substance or the form, the French courts will have exclusive jurisdiction.

Section 8 - Contact Us / After-sales Service
If you wish to contact us, our customer service is at your disposal via the "Contact Us" page.

Section 9 - Personal Information
We collect your personal information for the management of your orders and the follow-up of our commercial relations.

In accordance with the Data Protection Act of January 6, 1978, you have a right of access, deletion, correction, and opposition to personal data concerning you. You just need to write to us online at Customer Service, indicating your first name, last name, email address, address, and if possible your customer reference.

Annex 1: Provisions of the Consumer Code concerning the legal warranty of conformity
Article L211-4

The seller is required to deliver a good in conformity with the contract and is liable for any existing defects of conformity at the time of delivery.

He is also liable for defects of conformity resulting from the packaging, the assembly instructions, or the installation when it was charged to him by the contract or was carried out under his responsibility.

Article L211-5

To be in conformity with the contract, the good must:

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

correspond to the description given by the seller and possess the qualities that he has presented to the buyer as a sample or model;
present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labeling;

2° Or have the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

Article L211-6

The seller is not bound by public statements made by the producer or his representative if it is established that he did not know them and was not legitimately able to know them.

Article L211-7

Defects of conformity that appear within a period of six months from the delivery of the good are presumed to exist at the time of delivery, unless proven otherwise.

The seller can contest this presumption if it is not compatible with the nature of the good or the defect of conformity invoked.

Article L211-8

The buyer is entitled to demand the conformity of the good with the contract. However, he cannot challenge conformity by invoking a defect he knew or could not ignore when he contracted. The same applies when the defect has its origin in materials he himself supplied.

Article L211-9

In the event of a defect of conformity, the buyer chooses between repair and replacement of the good.

However, the seller may not proceed according to the buyer's choice if this choice involves a manifestly disproportionate cost compared to the other modality, given the value of the good or the significance of the defect. He is then required to proceed, unless impossible, according to the modality not chosen by the buyer.

Article L211-10

If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have part of the price returned.

The same option is available:

1° If the solution requested, proposed or agreed upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's claim;

2° Or if this solution cannot be implemented without major inconvenience for him given the nature of the good and the use he seeks.

The resolution of the sale cannot, however, be pronounced if the defect of conformity is minor.

Article L211-11

The application of the provisions of Articles L. 211-9 and L. 211-10 occurs without any expense for the buyer.

These provisions do not prevent the allocation of damages and interest.

Article L211-12

The action resulting from the defect of conformity is limited to two years from the delivery of the good.

Article L211-13

The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set out in Articles 1641 to 1649 of the Civil Code or any other action of a contractual or tort nature recognized by law.

Article L211-14

The recourse action can be exercised by the final seller against the successive sellers or intermediaries and the producer of the corporeal movable good, according to the principles of the Civil Code.

Annex 2: Provisions of the Civil Code concerning the warranty against hidden defects
Article 1641

The seller is bound to a warranty for hidden defects of the thing sold that render it unfit for the use for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price for it, had he known of them.

Article 1642

The seller is not bound by apparent defects and which the buyer could have convinced himself.

Article 1642-1

The seller of a building under construction cannot be discharged, neither before the acceptance of the works, nor before the expiration of a period of one month after the possession by the purchaser, from the defects of construction or the defects of conformity then apparent.

There shall be no grounds for resolution of the contract or reduction of the price if the seller obliges himself to repair.

Article 1643

He is liable for hidden defects, even if he was not aware of them, unless, in this case, he stipulated that he would not be obligated to any warranty.

Article 1644

In the case of Articles 1641 and 1643, the buyer has the choice to return the thing and to have the price returned, or to keep the thing and to have part of the price returned, as it will be arbitrated by experts.

Article 1645

If the seller knew of the defects of the thing, he is bound, besides the restitution of the price he received, to all the damages and interest towards the buyer.

Article 1646

If the seller was unaware of the defects of the thing, he is only bound to the restitution of the price, and to reimburse the buyer the costs occasioned by the sale.

Article 1646-1

The seller of a building under construction is bound, from the acceptance of the works, by the obligations which architects, contractors, and other persons connected to the owner by a contract of hire of work are themselves bound under Articles 1792, 1792-1, 1792-2, and 1792-3 of this code.

These guarantees benefit successive owners of the building.

There shall be no grounds for resolution of the sale or reduction of the price if the seller obliges himself to repair the damages defined in Articles 1792, 1792-1, and 1792-2 of this code and to assume the warranty provided for in Article 1792-3.

Article 1647

If the thing that had defects perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and the other compensations explained in the two preceding articles.

But the loss occurring by act of God will be for the account of the buyer.

Article 1648

The action resulting from redhibitory defects must be brought by the buyer within a period of two years from the discovery of the defect.

In the case provided for in Article 1642-1, the action must be introduced, on pain of forfeiture, within the year following the date on which the seller can be discharged from the defects or apparent defects of conformity.

Article 1649

It does not take place in sales made by authority of justice.