Terms and conditions of sale

ARTICLE 1 – PURPOSE

The Conditions of Sale, (hereafter referred to as the TaCoS), aim to set out the contractual relationship between Bras (a company with a simplified shareholding structure, capitalised at €76,000, whose registered head office is situated at Route de l’Aubrac 12210 Laguiole France and is matriculated with the register of commerce in Rodez, SIREN No. 451 580 906) on the one hand (hereafter referred to as the ‘vendor’) and non-professional customers aged at least eighteen years old, who wish to purchase products for sale online, on the website www.boutique.bras.fr (hereafter referred to as the ‘buyer’).

The TaCoS may be subject to modification; the applicable version is that which was published on the website at the time of purchase by the buyer.

The buyer must declare that they have read and accepted the terms and conditions of sale by ticking the box which is there for that purpose, before they proceed to make their purchases online.

 

ARTICLE 2 – OFFER

The items sold online by the vendor are made up of manufactured products and gift vouchers for the hotel-restaurant Bras at Le Suquet, valid for one year from the date of purchase online.

The photographs and illustrations are not contractual. They may represent suggestions for presenting the products, once opened. In any case the vendor cannot accept responsibility for any errors which may have crept into the descriptions or illustrations of the products.

 

ARTICLE 3 – PRICES  

The prices for the products for sale on the Internet site are quoted in Euros (€) and are inclusive of all taxes, including VAT. The goods will be dispatched from Laguiole, France and carriage charged accordingly.

In the event of the goods being dispatched outside of mainland France, the buyer also become the importer of the goods. In this capacity, it is strongly advised that they seek advice from the local authorities regarding import conditions and restrictions which apply to the products concerned before purchasing them.

For orders placed within the European Union, the price includes VAT. For professional people who have an EU registration number for VAT, and who their order to be exempt from VAT, they should contact SAS BRAS first either by e-mail or telephone. All EU orders placed via the site will be subject to VAT.

Orders placed from outside the EU or from the French overseas territories will automatically be exempt from VAT. Local duties and taxes may still apply, upon delivery. The buyer is solely responsible for making the necessary customs declarations and paying the duties and taxes due to the local authorities and organisations. In certain countries, there may also be import restrictions on the products that the buyer wishes to purchase.

The product offer is valid as long as the products are featured on the online boutique and whilst stocks are still available. The offer for the gift vouchers is only valid during the period when the hotel-restaurant is open.

 

ARTICLE 4 – ORDERS

Orders via the site can only be placed by private individuals, aged eighteen years old or more, in possession of a valid credit/debit card and of sound mind. The products are sold exclusively for personal usage and cannot under any circumstances be re-sold.

To place an order online, the buyer selects the product(s) that they wish to purchase and the adds them to the cart, specifying the quantities for each product.

They must then validate their order, and specify the delivery address and the invoice address (if different). Once these stages have been validated, they then choose their mode of delivery and validate the TaCoS. They then move on to the secure payment platform “Paybox E-transaction” on which they key in the required card details which will then take them to the 3D Secure platform of their bank, to verify that they are the owner of the card. Once the authentication has been approved, the payment is then validated. The buyer then receives an automatically generated e-mail, confirming that their order has been successfully processed. To access and print out the corresponding invoice, the buyer should then return to their account.

For the gift vouchers, the buyer can choose to receive them either by post or as a pdf file via e-mail. They can also have them sent directly to the beneficiary by post. In all cases, the beneficiary’s name, address and contact details must be supplied.

All orders, whatever their geographical origin, are payable in Euros (€).

The vendor reserves the right to modify the prices at any given moment. The invoiced price will be that which was published on the website at the time of purchase by the buyer, subject to product availability.

In the event of a product being out of stock after the order was placed, the vendor will inform the buyer within two working days, either by telephone or via e-mail. The buyer can then either:

Request an alternative product (s) to the same value as the out of stock product or cancel their order and demand a refund. The refund will be made within 14 working days at the latest, once the buyer has made the request, either by cheque or by electronic credit to their bank account.

 

ARTICLE 5 – PAYMENT

All purchases made by the buyer must be paid for immediately by banker’s card. No credit is offered and the goods will not be dispatched until they have been paid for.

Payment for the total amount of the order is made by a secure payment method using Paybox in conjunction with our bank Crédit Agricole, thanks to an approved encryption system ”Protocol SSL”, from VeriSign Secured.

Payment by the buyer are only considered effective once they have been received in the vendor’s account.

The transfer of ownership of the goods is suspended until full payment has been received, as set out in the new code du commerce (commercial code) - Art. L162-122.

 

ARTICLE 6 – Dispatch & delivery costs

The prices are firm and are non-negotiable. They do not include the costs for packaging and dispatching the goods, not the costs of transport and delivery. These costs will be calculated at the time of placing the order and invoiced as extras when the order is paid for.

Deliveries are made by post, via Colissimo, or by an express transporter, depending on the buyer’s expressed preference. The vendor does however recommend that for goods best stored at 15-20°C, an express delivery service is used; this also applies to all deliveries made outside of the European Union.

 

ARTICLE 7 – Transport and delivery

The vendor will dispatch all orders placed within fourteen (14) working days of their being received, to which must be added the time required for processing and transport. The latter is variable, depending on the ultimate destination.

Normally, the goods will be dispatched as one single lot, within the delay set out above

Transport conditions and lead times will vary, depending on the products purchased and the mode of transport chosen by the buyer when placing the order. The buyer will find details of the various transport options on the website.

www.colissimo.fr
www.fedex.com/fr/

In the event of postal or transport strikes, general social unrest or climatic disruption, the lead times may be extended.

The transfer of risk due to loss or deterioration of the products occurs when the buyer, or a third party designated by the buyer, receives the goods and they become solely responsible for any damage which the goods may suffer or cause.

The person receiving the goods must verify the state of the products on delivery. In the event of any losses, goods missing or damaged goods, the receiver must note this information on the delivery note, specifying the nature and extent of the problem. In order to enable the vendor to make a claim against the transporter, the receiver must confirm in writing (by letter or e-mail) the nature of the reserves that they signalled to the transporter.

In the event of the products having been tampered with, the receiver has three (3) working days (excluding public holidays) from the date of reception to notify and claim against the vendor, with proof (photographs in particular) of the claim. Beyond that delay, no claims can be accepted by the vendor.

Delivered product which the buyer has proved to be either faulty or to have been tampered with, in accordance with L.211-4 and the ‘Code de la consommation’ (Consumers’ charter), will be replaced or refunded by the vendor, depending on the buyer’s preference.

 

ARTICLE 8 – Right of return

In conformity with the existing legislation, the buyer has the right to return the goods to the vendor, within a delay of 14 working days from the date of receipt of the goods, either by their own means or via a third party, without having to justify their motive or pay a penalty.

Returned goods must be in their original state (unopened packaging, accessories, instructions…) accompanied by a clear declaration signed by the buyer that they have changed their mind, plus a copy of the purchase invoice. The buyer is solely responsible for the costs of returning the goods, at their own risk.

Only goods returned by the buyer within 14 days will be accepted, on condition that they are still in a re-sellable state. The address for returning goods is Boutique Bras, 14 Place Patte d’Oie, 12210 Laguiole, France.

Products which have been opened, are incomplete or have been damaged will not be accepted. No return or replacement can be accepted if the goods are beyond their sell-by date. If such goods are returned, they will not be reimbursed.

In the event of the right of return being exercised, only the price of the product or products purchased will be refunded. Delivery charges back and forth remain payable by the consumer. The buyer will be reimbursed within fourteen (14) days, once the products have been returned to the vendor by the buyer and have been inspected to ensure that they conform to the conditions set out above

As regards the gift vouchers, the right of retraction cannot be exercised once a reservation for a table or a stay has been made for a specific date at the hotel-restaurant Bras.  

 

ARTICLE 9 – LEGAL GARANTeES & RESPONSABILITiEs

The products which are for sale on the website all conform to the current legislation applicable in France and are for personal use only. The consumers’ rights are therefore protected :

• In the case of defective, marked or damaged goods or goods which were not ordered. In these cases, the consumer has two (2) years from the date of delivery of the goods in which to make a claim, without having to prove that the goods were defective at the time of delivery.
• In the case of hidden defects, the result of materials, design or production faults, making them unsuited for the purpose for which they were intended, all this in accordance with articles 1641 to 1649 of the Code civil, on condition that the buyer can prove the hidden defect within two (2) years of discovering the defect.

The vendor cannot accept responsibility in the following cases :

• non-respect of the legislation in force in the country to which the products are delivered,
• poor storage of the goods, misuse, negligence or failure to maintain the goods, normal ‘wear and tear’ accident or force majeure.

The buyer’s guarantee is strictly limited to the replacement or reimbursement of the faulty or defective goods.

For further information, please contact the helpline on 05 65 44 63 14, or e-mail boutique@bras.fr or send a letter addressed to Boutique Bras, 14 Place Patte d’Oie, 12210 Laguiole, France

 

ARTICLE 10 – IT & Individual LIBERty

As per French law, la Loi N°78-17 du 06/01/78, it should be noted that the information supplied by the buyer is necessary in order to process their order and to create the invoice.

In accordance with current French and European legislation in force, the buyer has a permanent right of access to the information stored in order to modify, amend or remove their personal information.

This right can be exercised by sending an e-mail to the following address: boutique@bras.fr

 

ARTICLE 11 – INTELLECTUal PROPeRTy

The contents of the Internet site are the property of SAS BRAS and are such, are protected by both French and international law regarding intellectual property rights.

All mention or use of the brand names, commercial names, acronyms, logos or technical documents belonging to or registered by SAS BRAS, without their prior consent, will be pursued in the courts.

 

ARTICLE 12 – APPLICABLE Jurisdiction

The TaCoS and all operations which stem from them fall under French jurisdiction. In the event that they are translated into other languages, this is strictly for guidance only; the original French text still applies.

All legal disputes related to the interpretation or implementation of the TaCoS fall under the jurisdiction of the Tribunal de Commerce de Rodez where the company SAS BRAS.

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