Preamble
This site «brenaest.fr» is published by the company Brendan
Mouraud, company whose headquarters is located at 32 chemin
de la Camave 31290, Villefranche de Lauragais, listed in the SIREN directory under number 913 508 404, (hereinafter, the «Company»). These Terms and Conditions of Sale (hereinafter, “GTC”) apply to
all orders for products (hereinafter, the “Product(s)”) placed on the brenaest.fr website (hereinafter, the “Site”) and define the rights and obligations of the company Brendan Mouraud as well as the persons who place an order on the site.
Article 1. Prerequisites for placing an order
The order of a product on the site is reserved for natural persons
who have previously created a valid account on the site, able to contract and acting for purposes not falling within the scope of their commercial, industrial, craft or liberal activity (hereinafter the “Customer”).
The Customer guarantees that they sincerely fill in the information requested during their registration.
Before any use of the Site, the Customer must ensure that they have the technical means and software to use the Site, to order the Products and that their browser allows secure access to the Site. At the time of their first order, the Customer must create a
customer account and fill in the mandatory information on the dedicated form. The Customer expressly undertakes not to use false information or third party information.
After their first order and on the occasion of subsequent orders, the Customer will be able to access their account by entering their username and password. The Client is solely responsible for maintaining the confidentiality of their username and password allowing access to their customer account and must take all necessary measures to ensure that these elements remain confidential and secure.
In case of loss or theft of their username or password, they will have to ask Brendan Mouraud for their renewal.
Article 2. Orders
The Customer selects the Product(s) they wish to purchase, and can access at any time the summary of their order. The Customer has the possibility to modify their order and correct any errors before validating it definitively. The receipt of the final payment of the order by the Company after confirmation of the order summary by the Customer concludes the sales contract between the Customer and the Company Brendan Mouraud, the contract can only be challenged within the limits provided in the terms and conditions. Any order made implies an unreserved acceptance of the GSC by the Customer.
The confirmation of the order validated by the Customer will be sent to them by email. Depending on the payment method used, the delivery of the order confirmation may be deferred until the final receipt of payment by the Company.
To this end, the Customer formally accepts the use of that email as a confirmation by the Company Brendan Mouraud of the content of its order.
Brendan Mouraud reserves the right to refuse orders from a Customer with whom there is a dispute or incident relating to the payment of a previous order in the conditions detailed in article 4.2 below.
Article 3. Price
The prices of the Products on the Site are indicated in euros all taxes included for metropolitan France. Any change in the VAT rate may be reflected in the price of the products. The total amount of all taxes included is indicated in the order summary, before the Customer definitively validates his order.
The Company Brendan Mouraud reserves the right to change its prices at any time but the Products will be invoiced to the Customer on the basis of the rates on the day of the order.
Article 4. Payment
4.1 Methods of Payment
Orders are paid by one of the following means:
by credit card: the debit of the card is made on the day of the order. The Site uses secure payment systems to guarantee the Customer the complete confidentiality of its banking information. The Customer’s bank details are not stored electronically by the Company.
PayPal: the Paypal account is debited on the day of the order;
4.2 Payment Incidents
The Products remain the property of the Company until their full payment by the Customer.
In any case, the Company reserves the right to suspend or cancel any order execution and/or delivery of the Products ordered by the Customer in case of incomplete, irregular or non-existent payment, in the event of fraud, attempted fraud relating to the use of the Site and the payment of an order or violation of the GSC.
Article 5. Delivery
Digital goods that are not personalized will be available almost instantaneously in the customer’s personalized area on the website. As for personalized services, they will be available in the customer’s mailbox maximum 2 weeks after receipt of payment, which may take a few days, or 2 weeks after the client provides Brendan Mouraud with the information needed to customize that program.
In case of erroneous digital goods, the Customer undertakes to notify the Company immediately upon receipt, specifying the order number.
Article 6. Liability
The Company shall not be held liable in case of non-execution or in case of poor execution of the GSC in the event of force majeure,
the occurrence of an event attributable to the Customer or any
inconvenience, Unforeseeable and insurmountable damage inherent to a third party or the use of the Internet.
Nor can the Company be held liable in case of indirect damage, injury or otherwise.
The Company endeavours, to the extent possible, to keep the Site accessible 7 days a week and 24 hours a day. Nevertheless, the use of the Site may be temporarily suspended due to technical maintenance, migration or updates, due to failures or constraints related to the functioning of the Internet.
Article 7. Withdrawal
7.1 Specific provisions applicable to e-books
The digital goods offered by the Company Brendan Mouraud are
not supplied on material support, as a result, the fourteen-day
withdrawal period opened by article L.221-18 of the Consumer Code does not apply when the Customer has given their express prior consent to immediately access the content and to waive its right of withdrawal.
Pursuant to Article 16 of Directive 2011/83/EU, the right of withdrawal is excluded when the performance of the contract has commenced. In addition, the right of withdrawal does not apply to custom goods (even digital) made on request.
Thus, in accordance with article L.221-28 of the French Consumer Code, before the Customer accesses the digital property, The Société Brendan Mouraud receives their express request to access the e-book before the expiry of the 14-day period for exercising the right of withdrawal and thus to renounce the exercise of this right.
Article 8. Intellectual and
Industrial Property
All illustrations, logos, images, characters, modes of presentation, graphics of the Site are and remain the exclusive property of the Company or the owners of said rights having granted a right of exploitation to the Company. Any reproduction, representation, extraction or use of said rights by a Customer will constitute a fault giving rise to legal proceedings.
Article 9. Guarantees
The Products offered by the Company Brendan Mouraud are
subject to the guarantee of hidden defects provided for in articles
1641 and following of the Civil Code and to the legal guarantee of conformity provided for in articles L.217-4 and following of the Consumer Code.
9.1 In case of non-compliance
As part of the legal guarantee of compliance, the Customer has a period of two years from the issue of the Product to act. He may choose between repairing or replacing the Product.
However, if the Customer’s choice results in a cost that is clearly disproportionate to the Company in relation to the other modality, taking into account the value of the Product or the size of the default, the Company will proceed, unless impossible, according to the modality not chosen by the Customer.
The Customer is exempt from providing proof of the Product’s lack of conformity at the time of issue during the 24 months following the issue of the Product, except for Second-Hand Products for which the period is six months.
The legal guarantee of conformity does not apply if Company Brendan Mouraud provides proof that the lack of conformity did not exist when the Product was issued.
Under the Consumer Code, a Product is considered non- compliant:
1) where it is not suitable for the usual intended use of a similar product and, where applicable,
– does not correspond to the description given by the seller and does not possess the qualities presented to the buyer in the form of a sample or model;
does not have the qualities that a customer may legitimately expect in view of public statements made by the seller, the producer or their representative, in particular in advertising or labelling,
2) when it does not have the characteristics defined by mutual agreement between the parties or is not suitable for the special use sought by the Customer, brought to the attention of the seller and which the latter has accepted.
However, the guarantee of conformity is excluded when the Customer was aware of the defect or could not ignore it at the time of contract.
9.2 In case of hidden defect
As part of the guarantee against hidden defects of the product within the meaning of the Civil Code, the Customer may choose between the resolution of the sale and a reduction in the selling price of the Product in accordance with article 1644 of the Civil Code.
A hidden defect is defined as a nonapparent defect in the Product, making it unsuitable for the use intended for or which reduces its use so much that the Customer would not have acquired it or would have given a lower price if he had been aware. Action resulting from hidden defects must be initiated within two years of the discovery of the defect.
The applicable legal provisions are reproduced below:
Article L.217-4 of the French Consumer Code: The seller delivers a good in accordance with the contract and is liable for any noncompliance existing at the time of delivery. They shall also be liable for any defects in conformity resulting from the packaging, the assembly instructions or the installation where this has been charged to them by the contract or has been carried out under
their responsibility».
Article L.217-5 of the French Consumer Code: “The property complies with the contract:
1) If it is suitable for the usual intended use of a similar good and, if applicable:
– it corresponds to the description given by the seller and has the qualities which they have presented to the buyer in the form of a sample or model;
– it has the qualities which a customer may legitimately expect in view of public statements made by the seller, the producer or their representative, in particular in advertising or labelling;
2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the customer, brought to the attention of the seller and which the latter has accepted”.
Article L.217-12 of the Consumer Code: “The action resulting from the failure to comply shall be prescribed after two years from the date of issue of the property.”
Article 1641 of the Civil Code: “The seller is bound by the warranty by reason of the hidden defects of the product sold which renders it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given it only a lesser price if he had known”
Article 1648 of the Civil Code, first paragraph: The action resulting from the fatal defects must be brought up by the customer within two years from the discovery of the defect. In the case provided for in section 1642-1, the action must be brought up, under penalty of foreclosure, within one year after the date on which the seller may be discharged from apparent defects or defects of conformity.”
Article 10. Personal Data – Cookies – Security
As part of the execution of the Terms and Conditions, the
Company may process Customer Data for the purposes of order management and fulfillment, provide online sales service, administer the Site and improve the Company’s marketing policy.
The information requested is necessary for the Company to offer
the Client the services the latter wishes to benefit from.
The Company attaches great importance to the respect of privacy and takes all necessary measures to ensure the confidentiality and security of the Customers’ personal data. The Customer can find the Privacy Policy by clicking on the following Privacy Policy link.
In accordance with the amended Data Protection and Freedom Act of 6 January 1978, the Customer has a right of access,
rectification, opposition, right to the limitation of processing, The right to erasure, a right to portability and the right to define directives after death on personal data concerning them by sending a written request accompanied by a copy of their identity document by e-mail contact.brenaest@gmail.com or by mail to the contact details provided in Article 15, providing their surname, first name and postal address.
The Customer’s data is kept for the duration of the contractual relationship. At the end of the contractual relationship, the data is kept for a maximum cumulative period of 10 years under the conditions detailed in the privacy policy.
In the event of a dispute concerning the use of their data, the Customer may refer the matter to the National Commission for Data Protection and Freedoms (CNIL).
Article 11. Newsletter
Unless the Customer objects, the Company may send a newsletter and personalized alerts in the form of e-mails or text messages.
If the Customer no longer wishes to receive promotional messages, they may unsubscribe at any time from their Account or by clicking on the unsubscribe link in each promotional message.
Article 12. Amendments to the GSC
Brendan Mouraud reserves the right to change these conditions at any time without notice. The version of the terms and conditions applicable to the transaction entered into by a Customer are those appearing on the Site at the time of the order and which the Customer will have accepted at the time of validating their order. The version of the GSC applicable to the order is sent by email to the Customer at the same time as the order confirmation or at the time of receipt of payment in case of payment by bank transfer.
Article 13. EVIDENCE AGREEMENT
Customers understand and accept that all information, contents,
files, documents, and any elements exchanged electronically via the Site with the Company constitute valid, admissible, reliable, enforceable evidence, and having the probative force of a private act, unless evidence to the contrary.
The Clients undertake not to contest the admissibility, validity, enforceability, reliability or probative force of these elements. Article 15. Applicable law – Dispute resolution
The contract formed by the acceptance of these General Conditions of Sale at the time of the order is subject to French law. The language of this contract is English. In the event of a complaint following an order, the Customer may contact the Customer
Service to find an amicable solution at the following address 32 chemin de la Camave, Villefranche de lauragais 31290 or by email at contact.brenaest@gmail.com with contact information and any information that may be requested to resolve the dispute.
If the dispute persists, the Customer may contact the European Commission’s online dispute resolution service at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm? event=main.home.chooseLanguage.
In the absence of an amicable settlement and for any dispute relating to these Products General Terms and Conditions, and in accordance with the provisions of Article R.631-3 of the French Consumer Code, the Customer may refer the matter to either one of the territorially competent courts under the Code of Civil Procedure, the jurisdiction of the place where they remained at the time of the conclusion of the contract or the occurrence of the harmful event.