TERMS AND CONDITIONS – BRINDICI
APPLICATION OF THE GENERAL SALES CONDITIONS / PREAMBLE:
These Terms and conditions are applicable to all relations between the company BRINDICI, a simplified joint-stock company with a capital of 1000.00 euros, whose registered office is located at 36, boulevard Meusnier de – 44000 NANTES, registered in the Nantes’s commercial register and companies under the number "Nantes B 917 766 255" (hereinafter referred to as "BRINDICI"), and any commercial natural or legal person (hereinafter referred to as the "CUSTOMER"), wishing to proceed with the purchase of products presented on the commercial site www.brindici.fr or directly to the company .
These terms and aim to define the rights and obligations of the parties in the context, the online sale of the products offered to the CUSTOMER on the BRINDICI website.
Ordering a product from BRINDICI implies acceptance without restriction or reservation by the CUSTOMER of these general Terms and Conditions of sale, which have contractual value. By ordering a product on the BRINDICI website, the CUSTOMER declares and acknowledges having read, understood and accepted these general Terms and Conditions of sales.
BRINDICI reserves its rights to modify these Terms and Conditions at any time. However, the Terms and Conditions applicable to the CUSTOMER will be those submitted to the customer on its orders’ date.
The following terms, whether used in the singular or in the plural in these Terms and Conditions, will have the following definition:
Refers to any natural or legal person acting in a professional context, justifying registration with a directory (RCS, RNM, etc.), subject to VAT, or duly exempt from it under the conditions of the General Code taxes, and contracting for its professional needs with BRRINDICI under these Terms and Conditions.
Refers to the order(s) of product(s) placed by the BRINDICI’s CUSTOMER.
Refers to the account created by any person, representative of the CUSTOMER, and duly authorized and mandated for this purpose, on the website, accessible using a personal login and password, which are provided to him by BRINDICI. The Customer Account contains CUSTOMERS’ information as well as his Orders in progress or finalized.
Personal data :
Refers to personal data, within the meaning of Law No. 78-17 of January 6, relating to Computing and Freedoms amended by Law 2018-493 of June 20, relating to the protection of personal data, and of the General Regulations on Data Protection 2016/679 of April 27, 2016. This personal data relates to the CUSTOMER (natural person) and these are collected by BRINDICI the framework of the of Orders and/or the creation of the Client Account.
Product Pages :
Means the photographic representation of the Products as well as the essential characteristics of the products. The Product Sheets are published by BRINDICI.
Refers to the summary of the Order(s) awaiting confirmation from the CLIENT.
Refers to the products offered for sale on the website www.brindici.fr.
Refers to the website accessible at the address www.brindici.fr published by BRINDICI.
Sales on the BRINDICI site are exclusively reserved for commercial natural or legal persons within the meaning of the provisions of Articles L. 121-1 and following of the Commercial Code, established on French territory.
Non-commercial entity cannot purchase products directly via the BRINDICI website.
WEBSITE AND PRODUCTS’ PRESENTATION :
The essential and prices of the products offered by BRINDICI are indicated on the website, on the corresponding product sheet.
The CUSTOMER confirms that he has fully read the product sheets before placing any order.
The delivery times, the price of the products and the delivery costs of the order are specified for information only and reminded to the CUSTOMER during the order process and in the final order’s confirmation by the CUSTOMER.
BRINDICI strives to present the products on the website by the product sheets, as faithfully as possible, regards the photographic representation of the products, and in particular their .
However, the CUSTOMER is informed that the perception of depends on the characteristics of his screen for consulting the website; as a result, the that appears on its screen may not be completely faithful to reality.
In addition, dried flowers are natural products worked in an artisanal way; , shapes and sizes of flowers may vary from product to product.
The information and documents sent to the CUSTOMER (if applicable) are only in French, as accepted by the CUSTOMER when placing the order with BRINDICI.
Prior to placing an order, the CUSTOMER must register on the website by creating a customer account and by providing the information necessary to process its order.
The CUSTOMER guarantees the accuracy, sincerity and reliability at all times of the provided in his customer account. It is therefore up to him to modify at any time and as soon as possible any change concerning him by logging into his customer account.
Consequently, BRINDICI’s company cannot be held responsible for the CUSTOMER’s lack of diligence in modifying and/or updating the information concerning him, and consequently, for incorrect contact details, with possible consequences the delivery.
In the event of false or misleading information(s), BRINDICI reserves the right to suspend or terminate any contractual relationship with the CUSTOMER and/or suspend access to his customer account.
The creation of a customer account is subject to the acceptance of these Terms and Conditions by the CUSTOMER.
The CUSTOMER places his order online from the online and through the order tunnel present on the brindici.fr website.
The contents of the cart can be viewed by clicking on the corresponding icon. The cart may be modified at any time by the CUSTOMER, payment for the order has not been made. The products contained in the CUSTOMER’S cart are automatically deleted after a period of 21 days from its creation by the insertion of one or more product(s) and/or from the modification of the cart (adding or removing a product).
The CUSTOMER must complete his delivery address
Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees mentioned below.
In certain cases, like those of non-payment, incorrect address or other problem(s) on the CUSTOMER’s account, BRINDICI reserves the right to block the buyer's order until the resolution of problem.
Any order only becomes firm and definitive once accepted by BRINDICI by sending an e-mail to the CUSTOMER, and, subject to the availability of the products.
Prices of products are indicated in euros, excluding tax and excluding delivery costs. The Products ordered are invoiced at the current price displayed on the Site on the day of the order. The price is payable in full and in a single payment. The products remain the property of BRINDICI until full collection of the price by BRINDICI. The BRINDICI company may modify its tariffs and prices at any time, without notice and without any formality other than posting the modifications on the Site.
The payment can be made by the CUSTOMER
- Account customer for payment within 30 days via SEPA mandate
- bank card via CM-CIC payment
- Bank transfer
In the event of late payment by the CLIENT, and, in accordance with article L.441-6 of the Commercial Code, a penalty corresponding to 3x the legal interest rate will be applied to any sum due to BRINDICI by the CUSTOMER and this, from the day after the due date and until full payment of the price. To this amount will be added a lump sum compensation for recovery costs of €40.
If the recovery costs are higher than this fixed amount, additional compensation will be due, upon presentation of supporting documents.
If the late payment is due to the rejection of a transfer or credit card by the bank, for any reason whatsoever, it will be collected, in addition to the penalties specified above, an amount corresponding to unpaid bank charges.
Any subsequent payment will be deducted in priority from the costs and the penalty as referred to above.
Failure to comply with the payment deadlines may result in the immediate payment of all sums due and the suspension of the delivery of the products, subject of the unpaid order.
PRODUCT AVAILABILITY :
relating to the availability of products is regularly updated on the website. It is nevertheless possible that, exceptionally, this information may be erroneous or imprecise.
In case of unavailability of a product ordered, the CUSTOMER is informed by e-mail, and then has the option:
- To be delivered with an article of his choice, of equivalent quality and
- To wait for the replenishment of missing product; BRINDICI undertakes to inform the CUSTOMER of the estimated restocking
- To be refunded for the price of the product (including the related delivery costs) within fourteen (14) days following notification by the CUSTOMER to BRINDICI of his wish to obtain refund of the price of the product which is concerned.
The rest of the order remains firm and definitive.
The refund will be made either by crediting his bank account via the bank card used if the payment was made by bank card (provided that the card is valid on the day of the refund).
DELIVERY & RECEIPT OF GOODS:
Once the CUSTOMER's purchases have been completed, the cart displays the shipping cost. This is automatically added to the amount of the items ordered. The validation by the CUSTOMER of his order is worth as acceptance of the methods of transport indicated in these Terms and Conditions.
BRINDICI undertakes to do its best to deliver the quantities ordered to the CUSTOMER and to keep him informed as soon as possible of any foreseeable or encountered difficulty concerning the delivery of such product. Except in cases of force majeure, fortuitous event, strike or pandemic, BRINDICI delivers orders to the address provided by the CUSTOMER as soon as possible from the registration of the order, in Metropolitan France only. The deadlines may be extended for deliveries abroad due to the time of transport and customs clearance of the goods. Deliveries are made on working days. These deadlines are given as an indication and any overrun cannot be held against BRINDICI or give rise to a termination of the contract or to any compensation for the benefit of the CUSTOMER. Given the specificities inherent in the manufacture of certain products, orders and order confirmations are made within the limits of available stocks and the manufacturing possibilities of our company. BRINDICI is authorized to perform its services and deliveries in whole or in part.
If the dispatch or the provision of the products is delayed for a cause dependent on the will of the CUSTOMER, the products, after notification to him, are stored or handled at his expense, at its own peril. The company BRINDICI declines all liability this delay which can never, by express agreement, give rise to compensation.
The CUSTOMER undertakes to send to BRINDICI its orders within a time frame allowing BRINDICI to be able to organize itself accordingly to fulfil its contractual obligations. When the CUSTOMER does not expressly commit to a volume of orders or does not send an order forecast to BRINDICI, it is specified that the latter evaluates the volumes according to the information available to it, and CUSTOMER's history. Also, if the orders placed by the CUSTOMER are greater than the volumes made in year N-1 or the forecasts transmitted, our company BRINDICI cannot be held responsible for any shortages caused and therefore cannot be subject to penalties, compensation or indemnities of any kind.
Delivery costs are calculated according to the weight of the products and the final package. But also depending on the delivery department or the country of delivery. The theoretical delivery price is automatically adjusted in your cart according to your purchases.
It should be noted that for deliveries abroad, the shipping cost indicated is only a theoretical estimate of the shipping price. Depending on the volume and weight of the packages, the transport/shipping price may be modified.
Appointment delivery is not included in the shipping price. A supplement may be requested from the CUSTOMER if he wishes this delivery method.
The products are transported at the CUSTOMER’s own risks and perils who must check their good condition upon delivery. Any anomaly concerning the delivery (damaged packages, missing items, etc.) must be the subject of reserves on the delivery receipt presented by the carrier. The CUSTOMER must therefore mention the type of damage and the number of damaged packages. He must send photos of the damage and photos of the package with the carrier's tracking label within 24 hours. At the same time, the CUSTOMER must inform the carrier of this anomaly by sending him, within 7 working days of the delivery date, a registered letter with acknowledgment of receipt. This letter must set out the said complaints, which must be substantiated and accompanied by supporting documents. The CUSTOMER must send a copy of this letter to BRINDICI within the same 7-days period. After this period and failing to comply with these formalities, the items will be deemed to be compliant and free from any defect, and no claim can be validly made on this account against BRINDICI.
When the delivery of the products is not possible because of the CUSTOMER (absence...), the CUSTOMER must contact the carrier, using the transit advice note which will be left at the place of delivery, to agree with him on the terms and conditions for recovering the goods. Any costs incurred for a new visit to the place of delivery will be entirely the responsibility of the CUSTOMER.
In addition, for any claim of error of delivery and/or non-conformity of the products in kind or in quality with respect to the indications appearing on the order confirmation. Any complaint made after this period will be rejected.
The complaint must be made by the CUSTOMER to the following email address : email@example.com.
Any complaint not made in the rules defined above and within the time limits cannot be considered and will release BRINDICI from any liability opposite the CUSTOMER.
In the event of a delivery error by BRINDICI, any product to be exchanged must be returned to BRINDICI as a whole and in its original packaging.
Return costs are the responsibility of the CUSTOMER if BRINDICI does not present any liability related to the CUSTOMER's product return request.
In any case, delivery within the agreed deadlines can only take place if the CUSTOMER is up to date with its obligations towards BRINDICI, whatever the cause. Furthermore, if the CUSTOMER wishes to apply penalties for late delivery, the latter must imperatively demonstrate the effectiveness of his damage and its extent. Our company BRINDICI also recalls that any compensation and arbitrary deduction of penalties are sanctioned by Article L. 442-6-I-8° of the Commercial Code. No issue of debit , invoicing of penalties or deduction of penalties or discounts of any order whatsoever by way of compensation may be carried out by the CUSTOMER without the prior express written consent of BRINDICI.
PRODUCT QUALITY AND APPEARANCE :
Aesthetic appearance :
Part of our range comes from natural plant varieties to which we subject a colouring, drying and preservation treatment. Also, the initial irregularities present in the natural environment are found on our products after preservation, both in terms of , and in terms of shapes or size of flowers and foliage.
Similarly, the latter may present differences from one season to another depending on the climatic conditions.
Our products are sensitive to the climatic conditions of the place in which they are used or stored (light, hygrometry). On this subject, we undertake to send to all our new customers or on request our recommendations concerning the specific conditions of use.
Due to the specificities of natural products, we cannot be held responsible for damage to goods due to misuse, exposure to inappropriate temperature or light conditions.
On the other hand, we advise the CUSTOMER to communicate this information to their own customers.
RETENTION OF OWNERSHIP:
All visual and sound data (texts, comments, sounds, photographs, images, etc.) of the website and all programming data and underlying technology of the website are and remain the exclusive property of BRINDICI. All exploitation rights are exclusively reserved to him. Any reproduction, downloading, transmission or distribution is strictly prohibited. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized. Any insertion of a simple link referring directly to the home page of the Site is subject to the prior and express authorization of BRINDICI, the latter expressly prohibiting the use against it of the framing technique (implementation of a web of another site within its own site) or linking (implementation of an element of a web page, image…., of another site within its own site). The trademarks, logos, designs and models appearing on the Site are the exclusive property. Their disclosure can in no way be interpreted as granting any right of use.
BRINDICI retains ownership of the products until full payment of the price of the products in principal and accessories by the CUSTOMER.
However, all risks inherent in the products are transferred to the CUSTOMER upon their delivery or handing over to the latter.
In this respect, the CUSTOMER declares and guarantees that he has taken out insurance with an insurance company enabling him to cover the risks referred to above.
The retention of title clause is enforceable against sub-purchasers of whom it is the CUSTOMER’s responsibility to inform them. The return of the products delivered or handed over and not paid for by the CUSTOMER, may be demanded at any time by BRINDICI at the expense of the CUSTOMER, regardless of who owns them.
Complaints related to the characteristics of the article, the quality and appearance of the products, aesthetic appearance cannot be presented as a defect by the CUSTOMER.
Complaints related to the quality of the products must be notified by email to the email address firstname.lastname@example.org within 48 hours after receipt of the goods with a .
We reserve the right to inspect the goods if necessary.
The return of the goods must be done with the agreement of BRINDICI who will decide on the free replacement of the product or the establishment of a credit note.
PRODUCT WARRANTY :
BRINDICI guarantees the CUSTOMER against any lack of conformity of the services and any hidden defect, resulting from a defect in the design or supply of said services, excluding any negligence or fault of the CUSTOMER.
In any event, if BRINDICI is held liable, BRINDICI's warranty is limited to the amount excluding tax paid by the CUSTOMER for the purchase of the Product.
LIMIT OF LIABILITY :
BRINDICI cannot be held liable for use of the products that does not comply with their intended purpose, or in cases where the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure. BRINDICI cannot be held liable for any inconvenience or damage inherent in the use of the Internet network (service interruption, external intrusion, computer viruses, etc.). In addition, any indirect damage, such as loss of turnover, loss of profit, loss of customer, etc. cannot be the BRINDICI’s responsibility.
In the event of liability, the amount of damages that may be due to the CUSTOMER, all causes combined, may not exceed the amount excluding VAT of the order for which BRINDICI is implicated.
All circumstances beyond the control of the Parties, preventing the performance under normal conditions of their obligations, are considered as causes for exemption from the obligations of the Parties and lead to their suspension.
The party who invokes the circumstances referred to below must immediately notify the other party of their occurrence as well as of their disappearance.
Are considered as facts of force majeure, any irresistible fact or circumstance, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which could not be prevented by the latter, despite possible reasonable efforts.
The parties then agree to come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure lasts longer than three months, these general conditions may be terminated by the injured party.
CORRESPONDENCE – PROOF :
Except as otherwise provided in these T&Cs, correspondence exchanged between and the CUSTOMER is handled exclusively by e-mail.
In application of articles 1316 and following of the French Civil Code, the CUSTOMER acknowledges and accepts that the information delivered by BRINDICI by e-mail and/or on the Website is authentic and has the same probative force as the written document.
SETTLEMENT OF DISPUTES – APPLICABLE LAW :
These T&Cs will be executed and interpreted in accordance with French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Terms and Conditions.
If the parties fail to do so, they will submit the dispute to the Commercial Court of Nantes.