Article 1: Entirety of the agreement
These general conditions present the entirety of the obligations between the parties. Due to this, the consumer shall be deemed to unreservedly accept all the provisions set out in these general conditions.
No general or specific condition appearing in the documents sent or submitted by the consumer may be included in the present conditions, as such documents shall be incompatible with these general conditions.
Article 2: Purpose
The purpose of these general conditions is to set out the rights and obligations of the parties within the framework of the online sale of goods and services offered by BROCHIER SOIERIES Grand Hôtel-Dieu to the consumer.
Article 3: Contractually binding documents
This agreement is made up of the following contractually binding documents, presented in descending order of importance:
• These general conditions.
• The purchase order.
In the event of any contradiction between the provisions included in documents of a different classification, the provisions of the document in the superior classification shall prevail.
Article 4: Entry into force: duration
These general conditions shall enter into force on the date of signature of the purchase order. These general conditions shall be entered into for the period necessary for the provision of goods and services paid for, until the expiry of the guarantees provided by BROCHIER SOIERIES Grand Hôtel-Dieu.
Article 5: Electronic signature
The “double click” made by the consumer on the purchase order shall constitute an electronic signature which, between the parties, shall hold the same value as a handwritten signature.
Article 6: Order confirmation
The contractually binding information shall be subject to confirmation by email, by the time of delivery at the latest or, failing this, at the address given by the consumer on the purchase order.
We reserve the right to cancel your order if it contains one or more incorrect elements.
Article 7: Proof of the transaction
Digital records, kept in the computer systems of Grand Hôtel-Dieu under reasonable security conditions, shall be deemed to be proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices shall be performed on a reliable and lasting medium which can be produced as proof.
Article 8: Product Information
8-a: BROCHIER SOIERIES Grand Hôtel-Dieu presents the products for sale on its website, www.grand-hotel-dieu.brochier.com alongside the necessary characteristics which respect article L. 111-1 of the Consumer Code, which requires the possibility of the potential consumer to learn about the basic characteristics of the products they seek to purchase prior to definitively placing the order.
8-b: The offers presented by BROCHIER SOIERIES Grand Hôtel-Dieu shall only be valid while stocks last.
8-c: The photographs illustrating the products are non-contractual. Differences in tone in the dye baths, or variants in digitally produced screen colours shall not incur the liability of BROCHIER SOIERIES Grand Hôtel-Dieu to differentiate these products from the photos displayed.
Article 9: Price
The prices are given in EUR (euros) and are valid from the date when the purchase order is sent by the consumer. They do not take into account delivery costs, which are invoiced separately, and stated prior to the order confirmation.
Prices include the VAT applicable on the day of the order, and any change to the applicable rate of VAT will be automatically passed on to the price of products in the online store. The payment of the entire price must be made at the time of ordering. At no time, shall the amounts paid be deemed to be a deposit or instalment.
Article 10: Method of payment
To pay for the order, the consumer has a choice of any method of payment indicated on the purchase order. (Credit/debit card). The consumer guarantees BROCHIER SOIERIES EDITIONS CONTEMPORAINES that they are fully authorised to use the method of payment at the time of confirming the purchase order.
BROCHIER SOIERIES Grand Hôtel-Dieu reserves the right to refuse delivery or to honour an order from a consumer who has failed to either fully or partially settle a previous order or with whom a payment dispute is pending.
Article 11: Product availability
The order will be executed within thirty (30) days at the latest from the day following that on which the consumer places their order.
In the event that the ordered product is not available (out of stock), the consumer will be notified as soon as possible and they will have the option of cancelling their order. The consumer will then have the option of requesting reimbursement of the amounts paid within thirty (30) days of their payment at the latest, by e-mail at ghd@brochiersoieries.com, or exchanging their product.
Article 12: Methods of delivery
Products are delivered to the address stated by the consumer on the purchase order.
Delivery deadlines are eight (8) days, but may be as much as fourteen (14) days, depending on the number of orders received.
The consumer shall be responsible for verifying the state of the goods packaging upon delivery and for notifying any damage caused by the transporter on the delivery slip, as well as BROCHIER SOIERIES Grand Hôtel-Dieu, within a period of one week.
Upon their request, the consumer may obtain an invoice at the invoicing address and not at the delivery address, by selecting the option provided for this purpose on the purchase order. With regard to shipping, we mainly work with Chronopost, Lettres Prioritaire, Colissimo and Fedex.
Article 13: Delivery problems caused by the transporter
Any anomaly regarding delivery (damage, missing product compared to the details appearing on the delivery slip, damaged packaging, damaged products) must be stated on the delivery in the form of “handwritten reservations”, alongside the customer’s signature. The consumer must also confirm this anomaly by sending a registered letter with return receipt to the transporter detailing the aforementioned complaints within two (2) working days.
The consumer should send a copy of this letter by standard post to: BROCHIER SOIERIES Grand Hôtel-Dieu 18 quai Jules Courmont, Lyon 69002
Article 14: Delivery errors
14-a: The consumer should provide BROCHIER SOIERIES Grand Hôtel-Dieu with any complaint of delivery error and/or product type or quality non-conformity in relation to the instructions given on the purchase order on the day of delivery or on the first working day following delivery at the latest. Any complaint made after this time will be rejected.
14-b: Any complaint can be made to BROCHIER SOIERIES Grand Hôtel-Dieu via e-mail at ghd@brochiersoieries.com, or by phone at +33 (0)481132551.
14-c: Any complaint not made within the rules detailed above and within the deadlines provided may not be taken into account and will release BROCHIER SOIERIES Grand Hôtel-Dieu from any responsibility in relation to the consumer.
14-d: Upon receipt of the complaint, BROCHIER SOIERIES Grand Hôtel-Dieu shall allocate an exchange number for the product(s) concerned and send this number to the consumer by email or phone. The product exchange shall only take place following the allocation of an exchange number to the consumer, in accordance with the process set out above.
14-e: In the event of a delivery or exchange error, any product to be exchanged or reimbursed should be returned to BROCHIER SOIERIES Grand Hôtel-Dieu in its entirety and in its original packaging, using Registered Colissimo post, to the following address: BROCHIER SOIERIES Grand Hôtel-Dieu 18 quai Jules Courmont, 69002 LYON to be accepted, any return should be notified to BROCHIER SOIERIES Grand Hôtel-Dieu in advance.
The shipping costs shall be payable by BROCHIER SOIERIES Grand Hôtel-Dieu, except where it transpires that the returned product does not correspond to the original statement made by the consumer on the return slip.
Article 15: Product guarantee
In accordance with Article 4 of decree n°78-464 of 24 March 1978, the provisions of these conditions of sale do not deprive the consumer of the legal guarantee which requires the professional seller to guarantee the consumer against any consequences of hidden defects in the sold item.
Article 16: Right of retraction
The consumer has a period of ten (10) working days to return any products which they do not want, at their own cost. This period runs from the day of ordering. If this period expires on a Saturday, a Sunday or a public holiday or non-working day, it will be extended until the first following working day. Please note, a reduction of 10% will be applied for any product or packaging that is damaged, unless we are responsible for the error.
All returns should be notified to BROCHIER SOIERIES Grand Hôtel-Dieu in advance by email (ghd@brochiersoieries.com). A return number will then be allocated to the product. The product should be returned using Colissimo Registered post to BROCHIER SOIERIES Grand Hôtel-Dieu 18 quai Jules Courmont 69002 LYON, FRANCE.
This right of retraction is made without penalty, except for the return costs. In the event of exercising this right of retraction, the consumer has the option of requesting either the reimbursement of the amounts paid or an exchange of product. In the event of an exchange, the return shipping shall be done at the cost of the consumer.
In the event that the right of retraction is exercised, BROCHIER SOIERIES Grand Hôtel-Dieu shall make every effort to reimburse the consumer within a period of fifteen (15) days.
The consumer shall then be reimbursed by bank cheque or by crediting their credit/debit card.
Article 18: Force Majeure
Neither of the two parties shall be deemed to have failed in their contractual obligations where the execution of said obligations is delayed, impeded or prevented by fortuitous event or by Force Majeure.
Any uncontrollable events or circumstances external to the parties which are unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all possible reasonable efforts, shall be deemed to be an Act of God or Force Majeure. The party affected by such circumstances shall notify the other party within ten (10) working days following the date on which it becomes aware of said circumstances. The two parties shall then contact one another within a period of one month, unless this is not possible due to the Force Majeure, to examine the occurrence of the event and to agree to the conditions in which the performance of the agreement shall be continued.
If the Force Majeure last for more than three months, these general conditions may be terminated by the injured party. The following are explicitly deemed to cases of Force Majeure or Acts of God, aside from those usually included in case law in the French courts and tribunals: The blockage of the means of transport or supplies, earthquakes, fire, storms, floods, lightning strikes; a breakdown in telecommunications networks or problems within the telecommunications networks beyond the control of the consumer.
Article 19: Partial non-validation
If one or more provisions in these general conditions are held to be invalid or declared as such in application of a law, a ruling or following a definitive decision of a competent jurisdiction, the other provisions shall maintain their full effect and their full scope.
Article 20: Non-waiver
The fact that one party does not act on the failure of the other party to fulfil any of the obligations set out in these general conditions shall not be deemed in the future to be a waiver of the relevant obligation.
Article 21: Title
In the event of any difficulty in interpreting between any of the titles appearing at the top of the clauses, and the clauses themselves, the titles shall be declared to not exist.
Article 22: Applicable law
These general conditions shall be subject to French law. with regard to substance and form.
In the event of any dispute or complaint, the consumer shall, as a priority, turn to BROCHIER SOIERIES Grand Hôtel-Dieu to reach an amicable solution.
Article 23: Data privacy
The entry of identifiable information collected for the purposes of remote selling is obligatory. This information is essential for processing and routing orders and drawing up invoices. The failure to enter this information shall lead to the invalidation of the order.
In accordance with French “Data Privacy Law”, the customer has (Article 34 of the law of 6 January 1978) a right to access, modify, correct or delete data relating to them. They may exercise these rights with BROCHIER SOIERIES Grand Hôtel-Dieu
Furthermore, BROCHIER SOIERIES Grand Hôtel-Dieu undertakes not to pass on the contact details of its customers to any third parties, either freely or against payment.
These conditions may be changed at any time without notice.