Terms of sale
General Sales Conditions - n°2023-01
1 - The website www.brunomoinardeditions.com is published by Bruno Moinard Éditions, a simplified joint stock company with a capital of EUR 10,000, having registered office at 41, avenue Montaigne 75008 Paris, registered in the Paris Trade and Companies Register under the number 750 775 611 (hereinafter "BME"). BME is a company specialized in the conception, the design, the creation and the sale of indoor and outdoor furniture, as well as all decorative objects and lighting.
Bruno Moinard Editions is the author of the sale offer concerning the products presented on its website: www.brunomoinardeditions.com (hereinafter the "Website").
2 - These General Terms and Conditions of Sale (hereinafter the "GTC") apply between BME and the client (hereinafter the "Client") of the Website.
The contract for the sale of one or more products consists of:
- of these GTC and,
- of the order confirmation received by email by the Client.
The GTC are available on the Website, in accordance with the provisions of article 1125 of the French Civil Code.
The acceptance of the GTC is made following their reading in the form of a double positive click, at the time of the validation of the order. The Client thus declares to have read and understood these GTC. Placing an order on the Website implies full and unreserved acceptance of the GTC.
In the absence of acceptance, no order can be finalized, and no product can be purchased by the Client.
The Client acknowledges that he is fully informed that his agreement to the content of the GTC does not require a handwritten signature of this document, but results from his placing of the order alone.
The Client has the option of saving and reproducing the GTC.
BME reserves the right to adapt or modify these GTC at any time and without prior notice, the adaptations or modifications being then applicable to all orders subsequent to these adaptations or modifications.
In the event of a change, the GTC applicable to the Client's order shall be those that were online, and that the Client accepted on the day the order was placed.
3 - For any information concerning the execution of the order(s) or the processing of a claim, the client should contact the Client service department:
- By mail to the following address: 31 rue Jacob, 75006 Paris
- By email: email@example.com
Article 1. Definitions
Capitalized terms and phrases in the GTC shall have the meanings set forth below (whether used in the singular or plural).
"Client": refers to a natural person of legal age who uses the Internet Site and acquires one or more Products, for his personal needs, through the Internet Site, having previously adhered to the GTC,
"GTC": means this document, i.e. the terms and conditions applicable in the relationship between BME and the Client,
"Internet Site": refers to the Internet site accessible at the address www.brunomoinardeditions.com published by BME,
"Order": means the Client's purchase order for one or more products placed through the Internet Site or via the Client Service,
"Product": means a product offered for sale on the Website.
Article 2. Order
2.1 Creating an account
To Order Products on the Website, the Client must create an account by providing the information required in the registration form.
To this end, the Client declares that he will provide complete and accurate personal information that will enable him to be precisely identified in any situation. Any false or slanderous personal information may result in the termination of the Client's account and the cancellation of the Order.
BME shall not be held responsible for any input errors made by the Client and the consequences that may lead to a delay or error in delivery.
In order to ensure the security of transactions and to prevent fraudulent payments, BME reserves the right to verify the information entered when placing an order. Therefore, BME may ask the Client, by telephone or by e-mail, for one or more supporting documents.
This request will have the effect of suspending the order while waiting for the transmission of these documents by email or by post.
In case of non-conformity of the supporting documents or in the absence of a response, BME may cancel the Order. This cancellation will not entail any payment of damages to the Client: the Client will only be reimbursed for the sums paid.
When creating his account, the Client chooses a login and a password. The Client is informed that his login and password are personal and confidential and as such, he undertakes to keep his password secret and not to disclose it to a third party in any capacity whatsoever.
This account will be accessible at any time by the Client thanks to his identifiers
The Client is responsible for all actions taken on the Web Site using his login and password. Any user registered on the Web Site shall be liable for any Order placed with the use of his login and password.
2.2 Order placement
The Client shall place his Order in accordance with the specifications appearing on the Website. The Client's Order shall be considered effective by BME, as of the acceptance of the means of payment by the Website or the receipt of the payment in case of payment by transfer.
Pursuant to the provisions of article 1127-2 of the French Civil Code, the Client shall have the opportunity to check the details of his Order and its total price and, if necessary, to correct or modify it before finally confirming his Order to express his acceptance.
2.3 Terms of payment
All items are payable in full by the Client upon ordering.
- payment can be made by secure credit card (Visa, Carte Bleue, Mastercard, American Express) in a secure environment; or
- by bank transfer.
The payment by credit card is made directly on the partner site www.mollie.com. The Client must be the holder of the credit card used.
The mollie.com website ensures the security and registration of the payment order. BME never has access to the Client's credit card data, which is encrypted to guarantee the security of the payments, and in no case stored on the BME server.
The Client's account shall be debited for the full amount of the Order as soon as the Order is placed. Payment of the full amount shall be debited as soon as the Order is placed.
The Order shall be binding on the Client as soon as the Order is validated.
Once the Client has validated the Order and paid for it, BME will send a confirmation e-mail to the e-mail address indicated by the Client.
The data communicated by the Client and recorded by BME when the Order is registered shall constitute proof of the transactions between the Client and BME.
Information relating to the Order shall be subject to computerized data processing for which BME is responsible, in accordance with the provisions of article 10 below.
2.5 Product customization
The Client is expressly informed that no Product presented on the Website is held in stock. Each Product is made up on the Client's express request after confirmation of his Order.
In the event of an Order for a Product whose manufacture is specifically carried out, the Client may not request the cancellation of his Order in accordance with article L. 221-28 of the French Consumer Code, which excludes the possibility of the Client exercising his right of withdrawal.
In fact, the Products sold by BME are commissioned works produced at the express request of the Client, the latter may not validly request the cancellation and/or modification of his Order.
2.6 Product Information
The Products offered for sale online are those presented on the Website. The Products are described by BME on the Website with the greatest possible accuracy using descriptive sheets and photos. Nevertheless, BME informs the Client that, despite all the care it has taken, the photographs cannot ensure a perfect similarity with the product offered for sale, particularly with regard to colors. The differences may result from the color quality of the photographs, the difficulty of rendering the materials on the screen or, without being exhaustive, the technical adaptation.
Indeed, the Products sold may have a slightly different appearance, particularly in terms of color and materials, and may have minor imperfections related to the natural materials used (wood, leather ...), which may change from one product to another or from one manufacture to another or with time and depending on storage conditions.
These differences can in no way be interpreted as defects of conformity, lead to the cancellation of the sale and engage the responsibility of BME.
Any Order implies express and irrevocable acceptance of the description of the Products.
2.7 Estimated delivery date
Upon receipt of the confirmation email, the Client will be informed of the approximate delivery time of his Order.
As the Product(s) are manufactured upon the Client's express request, the Client will receive a new, more precise deadline when his Order is taken into account by BME (in the days following the validation of the Order).
Please note that delivery times may vary depending on the volume of orders and the time of year.
2.8 Order cancellation
The Order is firm for the Client as soon as the Order is validated.
2.9 Order tracking
Upon receipt of the order confirmation email sent by BME, the Client can, by clicking on the buttons "MY ACCOUNT" then "MY ORDERS", follow the progress of his order and delivery.
Article 3. Prices
The prices indicated on the Website are in Euros and include all taxes, including the VAT applicable on the day of the Order as well as any change in the VAT rate may be reflected in the price of the Products.
The prices indicated on the Website are valid only in Metropolitan France, Corsica, Monaco and continental Europe.
The prices of the Products do not take into account the delivery costs and of installation which will be invoiced in addition to the selling price of the Products (the delivery costs are displayed on the Internet Site and specified to the Client at the time of his Order), except if specified on the Internet Site.
For Products delivered to Corsica and the islands of mainland France, additional costs for specific delivery preparation may be applied. These rates will be specified in the purchase tunnel after entering the delivery address in this region.
The Products shall be invoiced at the rate in force on the Website at the time the Client places the Order. BME reserves the right to modify its prices at any time, without prior notice, it being understood that the price displayed at the time of the Client's order will not be modified.
Article 4. Delivery
4.1 Delivery terms and deadlines
The delivery time(s) mentioned are given as an indication only and shall start to run from the moment the Order is confirmed. The Product(s) will be delivered by the carrier of either party's choice to the address provided by the Client, as indicated on the Order.
Prior to any delivery, the Client shall indicate to BME any unusual accessibility or specific authorization required at the destination (stairs, doors, elevator...) of the Product(s), which may make the delivery complex or require the use of specific delivery equipment (crane, winch, elevator...). The Client must be present, or be represented by any person of his choice, on the effective delivery date of the Product(s). This effective delivery date shall be indicated by BME to the Client at least two (2) weeks in advance.
The Client is required to check the quality and any defects of the Product(s) at the time of delivery by indicating on the delivery note any reservations and/or claims that he intends to make. The Client must confirm his reservations and/or claims by registered letter with acknowledgement of receipt and justify them by any document to BME within ten (10) days from the delivery date. Failing this, BME shall not be held responsible by the Client in case of non-conforming delivery.
Article 5. Retention of title - Transfer of risks
BME reserves full ownership of the Product(s) ordered by the Client until full payment of the price mentioned in the Order, principal and accessory. Any clause to the contrary shall be deemed unwritten. However, the risks of loss and deterioration of the Product(s) are transferred to the Client as of the departure of these Products from the place of manufacture.
The Products travel at the Client's risk.
Article 6. Duration
The GTC are concluded for an indefinite period and are applicable until the complete delivery of the Products by BME and the end of all consequences.
Article 7. Force majeure
Neither party shall be liable for any delay in the performance of its obligations above if such delay is caused by circumstances beyond reasonable control. Any costs resulting from such delays shall be incurred by the party concerned. Furthermore, each party acknowledges that the obligations of the other party shall be suspended in the event of force majeure, strike, breakdown, blockage, acts of war, fire and accident or insurmountable difficulties, as usually retained by the French jurisprudence and courts.
Article 8. Intellectual Property
It is expressly agreed that BME retains all of its intellectual property rights relating to the entirety of the Products, including plans, sketches, studies, preliminary drafts and projects, drawings and models, which have been communicated to the Client with a view to the sale of the Product(s).
The Client is not authorized to reproduce, exploit, distribute, or use for any purpose whatsoever, even partially, elements of the Website, whether software, visual or sound. The texts, images, drawings, etc., as well as the graphic charter of the Website. This Website is protected by intellectual property law. It is forbidden to copy, extract, distribute, modify or adapt the content of the Website.
Downloading and printing of text, images and graphics is permitted for private, non-commercial use only. The reproduction of drawings, images, sound documents, video sequences and texts in other electronic or printed publications is prohibited and requires the prior written consent of BME.
The lack of authorization is punished by the offence of counterfeiting. The brands and logos appearing on the Website are registered and protected trademarks. Any total or partial reproduction of these brands and/or logos, made from elements of the Website without the express authorization of BME is constitutive of the offence of counterfeiting sanctioned by articles L335-2 and following of the Intellectual Property Code.
Article 9. Warranty
BME ensures that the Product is fit for its intended purpose.
In any case, the Client benefits from the legal warranty of conformity as well as the warranty against hidden defects in accordance with the legal provisions in force of articles L.217-1 to L.218-2 of the French Consumer Code and articles 1641 to 1649 of the French Civil Code.
9.1 In case of lack of conformity
BME is obliged to deliver Products in conformity with the contract and is liable for any defects in conformity existing at the time of delivery of the Products.
The action resulting from the defect of conformity is prescribed by 2 years as from the delivery of the Products, except for the structures of the Products which are guaranteed.
In accordance with the provisions of articles L.217-9 et seq. of the French Consumer Code, the Client may choose between repairing or replacing the Products.
In case of impossibility or cost clearly disproportionate to the value of the Products, BME is not obliged to proceed according to the method chosen by the Client.
However, the Client may only return the Product and have the price refunded or keep the Product and have part of the Product refunded when the conditions set forth in article L.217-10 of the Consumer Code are met, i.e. if:
- the requested, proposed or agreed solution (repair or replacement) cannot be implemented within one month of the Client's complaint, or
- if this solution cannot be done without major inconvenience to the Client given the nature of the product and its intended use.
9.2 In case of hidden defect
BME is bound by the warranty for hidden defects of the item sold that make it unfit for the intended use.
The action resulting from latent defects must be brought by the Client within 2 years from the discovery of the defect.
In accordance with the provisions in force in articles 1641 to 1649 of the French Civil Code, the Client has the choice of returning the item and having the price returned or keeping the item and having part of the price returned.
BME may also propose to the Client the replacement of the Products.
9.3 Exclusion of warranty
The warranty does not cover:
- changes in the appearance of the covers and upholstery due to wear and tear and the use of the seat (softening or honing of the foams) under normal conditions of use,
- Residual distension of the leather at the most used seats, which is related to the stresses that the seat covers undergo during use,
- discoloration, alteration or any change or deterioration in appearance due to:
- to the excessive action of natural or artificial light,
- the use of any maintenance product not adapted to the coating, as well as the non-respect of the maintenance conditions,
- external causes: domestic accidents, water damage, stains, burns, scratches, animals, etc.,
- to a bad assembly, wedging or adjustment or other interventions carried out by persons not authorized by BME,
- the action of sweating and the natural perspiration of the body,
- dye and color migrations from articles in contact with the leather of the seats whose color is not stabilized.
- deformations of seats, fixed or mobile mechanical structures, breakage of structures due to misuse or intensive overloads concentrated on a given point due to a particular or unusual characteristic use,
- damage to elements such as zippers, inter-element fasteners, headrest or armrest racks and various accessories resulting from inappropriate use,
- damage caused intentionally by a user,
- uses in public or professional places,
- repairs or modifications carried out on the Client's initiative by the Client or by a company of his choice without the express written consent of BME's Client service department,
- breakdowns due to incorrect connection of the Product or failure to follow the instructions for use, to a shock, a lack of use or maintenance or to causes external to the equipment (lightning, water damage, etc.).
To invoke the legal warranty, the Client must notify BME of the defect as soon as it appears by sending a letter with photographs to BME Client Service at the following address: 31 rue Jacob, 75006 Paris.
The cost of returning the Products shall be borne by BME.
In the event that the Client chooses to replace the Products within the framework of these legal warranties, the delivery costs of the exchanged Products shall be borne by BME.
Article 10. Personal data
Within the framework of the execution of the contract, BME shall collect certain personal data directly from the Client. This data is collected to process the Client's Order, ensure its payment, provide delivery and follow-up services for the Order and generally monitor the contractual relationship.
As such, BME acts as a Data Controller and is therefore responsible for compliance with the obligations arising from European Regulation No. 2016/679, known as the General Data Protection Regulation (GDPR), concerning the collection and processing of personal data carried out.
The personal data processed by BME are identification data (surname, first name), personal data (personal postal address, personal telephone number, personal e-mail address), professional data (job title, professional e-mail address, professional telephone number), economic data (bank details, payment data).
BME does not collect any sensitive data such as religion, trade union membership, racial and ethnic origin, criminal convictions or health-related data.
For BME, the protection of personal data is fundamental because it reflects the relationship with Clients. BME has therefore appointed an external Data Protection Officer (DPO) and implements all the technical and organizational measures necessary to protect the Client data processed.
Thus and in accordance with the provisions of the RGPD, BME keeps the data concerning the Client in accordance with its legal and regulatory obligations in terms of prescription. The data is transmitted only to BME's internal departments. Except for the above-mentioned recipients and BME's subcontractors who are necessary for the performance of its services, BME will never communicate the Client's personal data to third parties or external organizations without the Client's express consent.
As such, the Client has the right to access, rectify, oppose, limit and delete the processing of his data. For further information or for any request concerning the exercise of his rights, the Client may consult BME's Personal Data Protection Policy on its website, contact its DPO at the following address: firstname.lastname@example.org or file a complaint with a supervisory authority (CNIL): https://www.cnil.fr/fr/agir.
Article 11. Mediation
In accordance with the provisions of article L.616-1 of the French Consumer Code, the Client is informed that he may, free of charge, in the event of a complaint relating to the Website, to these GTC or to an order not resolved amicably by BME's Client service and after prior written request by the Client who has not been satisfied for less than one year, have recourse to a mediation service.
As such, BME adheres to the service of the e-commerce mediator of the FEVAD (Federation of e-commerce and distance selling) (hereinafter the "Mediator") whose contact details are as follows: 60 rue la Boétie, 75008 Paris - www.mediateurfevad.fr.
To find out how to contact the Mediator, Clients are invited to visit www.mediateurfevad.fr/index.php/espace-consommateur/. In order for the Client's referral to the Mediator to be admissible, the request must include: the Client's postal, telephone and e-mail address, the Client number and/or the Order number, the date of the Order, the dispute encountered, and written proof of the steps taken by the Client to resolve the dispute amicably with the BME prior to the referral to the mediator, the solutions proposed by the company and the Client's expectations.
Under the terms of article L6152-2 of the French Consumer Code, a dispute cannot be examined by the consumer Mediator when:
- The Client does not justify having tried, beforehand, to resolve his dispute directly with the trader by a written complaint according to the modalities provided for, if any, in the GTC,
- the request is manifestly unfounded or abusive,
- the dispute has been previously considered or is being considered by another mediator or by a court,
- the Client has lodged his request with the Mediator within a period of more than one year from the date of his written complaint to the professional,
- the dispute does not fall within its jurisdiction.
The Client is informed by the Mediator, within a period of three weeks from the receipt of his file, of the rejection of his request for mediation.
In accordance with European Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Client may also refer to the online dispute resolution platform via the following address: https://ec.europa.eu/consumers/odr/.
Article 12. Applicable law and competent jurisdiction
The GTC are governed by French law.
Any dispute relating to the interpretation or execution of the GTC’s shall give rise to a preliminary amicable mediation with a view to resolving the dispute in accordance with the conditions set out in article 12 above. Any seizure of a jurisdiction in violation of this obligation shall constitute an end of non-receipt.
In the absence of an amicable agreement, any dispute relating to the formation, execution, interpretation, and termination to which the GTC’s could give rise, even in the event of recourse to a guarantee or multiple defendants, shall fall under the exclusive jurisdiction of the French courts.
Version of the GTC 2023.