The website www.brazier.co (or “the Website”) is published by Brazier SASU (or “the Seller”), a company registered with the Trade and Companies Register of Paris under the number 952 075 752, with a capital of €1 000, and a registered office located at 122 rue Amelot, 75011 Paris.
The Seller may be contacted at the following e-mail address: firstname.lastname@example.org
“Products”: any product listed for sale on the Website.
“Buyer”: any non-professional individual acquiring Products on the Website. For the sake of clarity, the Products listed on the Website are not intended for resale.
“Seller”: Brazier SASU as defined above.
The purpose of the following Terms & Conditions (“T&C”) is to define the rights and obligations of the Seller and any Buyer in the context of the purchase of Products on the Website.
The T&C apply to all transactions between the Seller and any Buyer via the Website. The Seller reserves the right to change the T&C at any time. By placing an order on the Website, a Buyer acknowledges and agrees to the T&C.
Product features such as dimensions, weight, product composition and prices, are listed on the Website, along with shipping and returns information. Prices listed on the Website include delivery fees as well as custom duties worldwide unless specified otherwise.
The information listed on the Website may occasionally contain errors or inaccuracies: the Seller reserves the right to correct or update any information, or cancel orders at any time without prior notice (including after an order has been placed). The Seller undertakes no obligation to correct or update any information except as required by law.
There may be small differences between photos of the Products shown on the Website, and the actual Products shipped to Buyers, due to manufacturing or digital processes.
5.1 Checkout process
To place an order, the Buyer must provide all required information on an online form accessible via the Website (the “Checkout process”). During the Checkout process, the Buyer may go back to the previous step to correct any information related to the order, up to the final confirmation. By placing an order, the Buyer acknowledges and agrees to the T&C.
5.2 Availability of the Product
After an order is placed, the Seller will check the availability of the Product(s) ordered. Should a Product ordered by the Buyer be unavailable, the Seller will inform the Buyer by email in a timely manner, and refund the order within 30 days.
Some Products are sold under a “Preorder” model, which means that the Buyer will receive the Product several weeks after placing an order on the website. A Preorder is considered a firm order, and the Buyer is requested to pay for the Product in full upon placing an order. The Buyer acknowledges the waiting period of several weeks before the delivery of the Product. The Seller provides an estimate of the delivery date: exceeding the delivery date shall not give rise to any cancellations or damages. However, should the Seller fail to deliver an order within 30 days of the estimated delivery date, the Buyer will have the option to cancel their order at no cost, or to receive another Product of the same price.
For each Product, the Seller sets a minimum quantity of Preorders: if the threshold is not met, the Seller will inform the Buyer by email in a timely manner, and refund the order within 30 days.
5.4 Buyer representations & warranties
The Buyer represents that they are an individual, not a professional buyer, and that they have no intention of reselling the Product for commercial purposes. The Seller reserves the right to reject any order exceeding four units of the same Product.
The Seller reserves the right not to accept an order from a Buyer with whom it has a dispute related to a previous order, or if the Seller reasonably considers that this Buyer has infringed these T&C or that the Buyer has engaged in a fraudulent activity, or for any other legitimate reason.
Prices listed on the Website include all taxes, shipping fees as well as customs duties. The Seller reserves the right to change the prices listed on the Website at any time and without prior notice.
Products are payable in the following currencies: euro, British pound, Swiss franc and US dollar. Prices and currencies are determined during the checkout process on the basis of the Buyer’s delivery address.
The Seller does not reimburse VAT on purchases made on the Website, even in the event when the Buyer, after receiving any Product, exports it/them to a country outside of the European Union.
All orders shall be settled immediately upon checkout, except via Klarna (no interest financing in three installments), which shall consist of three monthly payments as of the first payment.
In the case of multi-product orders, should one or several Products be unavailable (see section 5.2 “Availability of the Product”), only the price and shipping cost associated with the available Products will be debited.
No banking information is processed by the Website.
7.1 Carrier and delivery time
The carrier and delivery time depends on the country: generally, orders are shipped via DHL under 3-5 working days worldwide. For Products sold under a preorder model, the estimated delivery time is provided along with the order confirmation.
The Seller cannot be held liable for longer delivery delays due to customs, over which it has no control. The Buyer is subject to the general terms of delivery of the selected carrier.
7.2 Delivery issues
In the event of an incomplete or incorrect address, inability to place the parcel in the Buyer’s letterbox, refusal of the parcel by the recipient, lack of information making it impossible to deliver the Product to the recipient at the appointed time, the Seller cannot be held responsible for the completion of the delivery.
Should the courier reattempt to deliver an order as a result of incomplete or incorrect information, the Buyer shall be requested to pay for the incurred fee.
In the event that the delivery is impossible and the order is returned to the Seller, the Seller shall not attempt to make a second delivery.
7.3 Product compliance
The Buyer shall check the compliance of the Products delivered before signing the carrier’s delivery notice. The Buyer shall indicate on the delivery note any defect pertaining to the Product. No claim pertaining to the condition of the Products will be admissible after the Buyer signs the delivery notice.
8. Returns and refunds
8.1 Right of withdrawal
Pursuant to Articles L. 221-18 et seq. of the Consumer Code, the Buyer has 14 days from the day of delivery of the Product purchased on the Website to inform the customer service of their decision to return the Product.
To exercise their right of withdrawal, the Buyer shall contact the Seller by email at email@example.com within 14 days of delivery.
To return a Product, the Buyer shall contact the Seller by email at firstname.lastname@example.org within 30 days of delivery, and attach a copy of the purchase invoice. The Seller will issue a return label for the Buyer to ship the Product.
The shipping costs associated with any return worldwide shall be borne by the Seller, but any customs duties will be deducted from the amount to be refunded to the Buyer. The risk associated with the return shall be borne by the Buyer. The Seller cannot be held responsible for the loss, theft, damage of the parcel.
In order for the Seller to accept the return, Products must be received in full condition, in their original packaging, undamaged, with the tag attached if there is one.
In the event that the return is accepted by the Seller, the Buyer will be notified by email within 3 working days, and will be refunded within a maximum period of 14 days by bank transfer into the account used with the credit card bearing the Buyer’s name.
9. Warranties and liability
The Products sold by the Seller are subject to the conditions of statutory warranties provided by Articles L.217-4 to L.217-14 of the Consumer Code as well as by Articles 1641 through 1648 of the Civil Code, to the exclusion of any other warranties.
Any claim pertaining to the Products shall be submitted by email at email@example.com
9.1 Statutory warranty of conformity
The Seller shall deliver to the Buyer a Product that complies with the contract and which is exempt from conformity defects at the time of the delivery of said Product, to the extent that the Product shall be fit for the use normally expected of similar goods and that it shall have the characteristics featured during the sale. The Seller is also liable for conformity defects resulting from the packaging, assembly or installation instructions provided such liability as agreed by contract or such processes where made under its responsibility.
9.2 Statutory warranty against hidden defects
The Seller shall ship to the Buyer a Product free of hidden defects that would make it unfit for the use for which it was intended, or that substantially decreases this use, that they would not have acquired it or would have paid a lower price if they had been aware of them.
These guarantees shall apply provided that the Buyer makes the request in a period of 24 months following the delivery of the Product (for the statutory warranty of conformity) or the discovery of the defect (for the statutory warranty of hidden defects).
Conformity defects that appear within a period of 24 months from delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of an actual non-conformity on a Product sold on the Website, the Buyer may choose between the Product being repaired or replaced unless one of these choices are commercially unreasonable for the Seller. If the repair or the replacement of the Product is impossible, the Buyer may be refunded and shall return the Product or keep the Product and have a part of the price refunded to them, unless the conformity defect is minor.
In the event of an actual hidden defect on a Product sold by the Seller, the Buyer shall have the choice of returning the Product and having the price and costs incurred by the sale returned or keeping the Product and having a part of the price returned to them.
In any event, it shall be up to the Buyer to prove that they fulfill the conditions of the guarantee properly.
The return, replacement or refund of the Product shall occur without costs for the Buyer and shall not prevent the potential damages where applicable.
In the case of lack of conformity and/or hidden defects admitted by the Seller, should the Buyer choose to return the Product, they shall contact the Seller at firstname.lastname@example.org
9.3 Limitation of liability
The Seller shall not be held liable for any damage that does not result from a failure to honor one of its obligations under the present T&C.
10. Intellectual Property
All content published on the Website is the exclusive property of the Seller. It may not be reproduced in part or in full or used for any purpose without the written authorization of the Seller.
The Seller owns all Intellectual Property (except the author’s moral rights) pertaining to the Products and trademarks under which they are marketed.
11. Force majeure
"Force majeure" means all external unforeseeable and unavoidable circumstances, beyond the reasonable control of the party which is suffering a force majeure case.
In the situation where the Seller is prevented or delayed by a force majeure case in honoring its commitments, it shall inform the Buyer within 76 hours of the elements constituting the force majeure, and the foreseeable period of delay or mitigation. The Seller shall then be exempt from the liability in connection with the failure or delay in performance of its obligations but shall make its best effort to resume full performance without further delay. In a case of force majeure, the Seller may exercise its right to terminate the order, without being held liable, except however that the Seller shall be responsible to reimburse the Buyer for any amounts already paid. In no event shall the Buyer invoke a case of force majeure to release themselves from an obligation to pay a sum of money.
12. Governing law
These T&C are governed and interpreted under the laws of France. The language of this contract is French and the English translation is provided for convenience only.
In the event of a dispute the French courts shall have sole jurisdiction.