Conditions Générales de vente

1. 1. Application of General Sales Conditions

These general sales conditions define the rights and obligations of each party, the buyer and the seller.

Defined as the seller:

Company Maison Brieuc, 5 rue du verger 22120 Yffiniac

SAS with a capital of €345,000, RCS Saint Brieuc: 432 930 857, Siret number: 432 930 857 00227, VAT identification number: FR 254 329 300 857

Email: contact@maisonbrieuc.bzh

Phone: 02 96 77 04 49

Defined as the buyer:

The consumer as defined by the Consumer Code, who places an order on the website "BRIEUC.BZH."

These general sales conditions apply to any purchase made on the BRIEUC.BZH website by any natural person.

Any order placed on the "BRIEUC.BZH" website implies acknowledgment and acceptance of these general sales conditions by the customer.
Maison Brieuc reserves the right to modify these general sales conditions at any time. The general sales conditions in effect and available on the "BRIEUC.BZH" website at the time of order confirmation by the customer will apply.

2. Products

The product photographs on the "BRIEUC.BZH" website are not contractual.

The products displayed on the website are available as long as they are visible and can be ordered. Temporary unavailability of a product will be communicated on the website.

For each product, its composition, weight, and price will be clearly indicated.

3. Prices

The prices on each product page are in euros including VAT but excluding shipping costs, and are applicable upon order confirmation by the customer.

Prices are subject to French VAT, and any change in the legal rate of this VAT will be reflected in the product price on the date specified by the relevant decree.

The VAT rates are 20% for non-food products and confectionery, and 5.50% for food products. The customer can view the applicable VAT rates in their shopping cart or order confirmation.

Selling prices may be changed at any time. However, billing will be based on the rates in effect at the time of order placement.

4. Placing an Order

If not already done while browsing the site, the Customer must create a personal account when placing their first order. To create an account, the Customer must provide their email address and a password.

The customer must then complete all mandatory information regarding the delivery and billing of their order (first name, last name, delivery address, billing address, phone number, and email address).

The customer can view a summary of their order twice (in the cart and during order confirmation) and must check the box to accept these general sales conditions.

Afterwards, they must click the "Order" button; this second click serves as an electronic signature equivalent in value to a handwritten signature. To finalize the order, the customer must make the payment. Subsequently, the customer will receive an order summary by email.

In case of payment failure or difficulty with the customer's current or previous order, Maison Brieuc reserves the right to refuse the customer's order and cancel ongoing orders.

In the event of a product being unavailable, the customer will be notified as soon as possible and will have the option to cancel their order. They will then have the choice to either request a refund of the amounts paid within 14 days at the latest after the date of order cancellation, accept the exchange of the ordered product, or accept a reasonable delay in delivery based on the return to availability of the missing product (shipping costs borne by Maison Brieuc).

5. Payment Terms

Orders are payable upon order placement.

For payment, the customer has one payment method:A digital invoice is made available to the customer.

Use of Promotional Codes

Maison Brieuc may offer promotional codes to be entered during the ordering process. These codes allow the customer to receive a discount on the order amount according to the conditions in effect at the time of promotion. The customer can use only one promotional code per order.
Shipping costs are not included in this offer and are the responsibility of the recipient.

6. DELIVERY

Products are delivered to the delivery address provided by the Customer during the ordering process. It is the Customer's responsibility to verify the accuracy of the information entered before order confirmation (name, first name, building number, floor, intercom name, entry code, street number and name, postal code, city name, country, phone number, or email address, etc.).

The Seller cannot be held responsible for any delivery delay or inability to deliver the order due to errors or omissions in the Customer's delivery address and/or information.

The order is shipped in one shipment.

Deliveries are made in Metropolitan France, overseas territories (DOM-TOM), Europe, and some countries worldwide by La Poste in Colissimo tracked without a signature.

The customer can choose to pick up their order at the "Brieuc" store located at 5 rue du verger in Yffiniac 22120. In this case, no shipping fees will be charged. The customer will be notified by email when their order arrives at the store. When picking up the order, which must occur no later than 8 (eight) days after Maison Brieuc's email, the customer will be required to provide proof of order and identity.

The customer can also choose to pick up their order at a Colissimo "Point Retrait" (Pickup Point) during the order process. The choice of delivery location will be indicated during order finalization. The customer will receive an email from La Poste confirming the delivery of their order and the option to pick it up.

Shipping Fees:

The flat-rate delivery fees to the desired address or a Pickup Point in Metropolitan France are as follows:

For any order equal to or exceeding €60 including VAT, delivery will be free for the customer (offer valid only for Metropolitan France).

As for orders outside Metropolitan France (Overseas Departments and Territories, EU, non-EU), delivery costs are calculated by weight based on the current Colissimo rate (attached on the website).

The Customer requesting delivery to an address located outside the European Union may be subject to import obligations and taxes levied when the package reaches its destination. Any additional customs clearance fees are the responsibility of the Customer, who should contact the local customs service on their own initiative for more information in this regard. By placing an order on the "BRIEUC.BZH" website, the Customer is considered the official importer and therefore commits to complying with all the laws and regulations of the country to which the products are shipped.

Delivery Time:

Following its validation, the order will be prepared and dispatched within a maximum of 3 (three) working days. In addition to this period, the transportation time by Colissimo will be added.

As for international and Overseas Departments and Territories shipments, delivery times are not guaranteed.

In the event of a transport strike, incidents due to weather conditions (snow, ice, etc.), natural disasters, or exceptional situations, delivery may be delayed, and the announced deadlines could be extended. Maison Brieuc disclaims any responsibility in such cases, and the customer cannot claim any form of compensation.

7. Receipt

Upon receiving their order, the customer must check the apparent condition of the package. If the package arrives damaged, the Customer must make a note of any reservations on the delivery slip and contact La Poste's Customer Service to follow up on the dispute.

The customer must also, upon receiving the products, verify the conformity of the delivered products to the order (reference, quantity of products, best-before or use-by date indicated on the package, in particular) and ensure the absence of any apparent defects in the products. Any non-compliance or apparent defect must be the subject of a complaint by the customer, sent by email to contact@maisonbrieuc.bzh to Maison Brieuc's Customer Service within 8 (eight) days.

Maison Brieuc undertakes to respond to any complaint within a maximum of ten (10) working days from the date of receipt.

Complaints accepted by Maison Brieuc will result in the dispatch of the missing product, the exchange of the defective or non-compliant product, or a refund in the event of product unavailability, within 30 (thirty) working days. Any complaint made by the customer beyond the above deadlines will not be accepted by Maison Brieuc.

Parcel Return:

In the event that the address is incorrect (customer error when entering their address during the order process) or the customer has not picked up their parcel held at the Post Office indicated on the delivery notice within a period of 15 (fifteen) days, the parcel will be returned to Maison Brieuc. Maison Brieuc undertakes to inform the customer promptly. The customer can then choose to schedule a second shipment, subject to payment of the associated delivery fees.

Lost Parcels:

If the parcel is lost by Colissimo, the Customer submits a claim to the Post's customer service to follow up on the dispute. Maison Brieuc disclaims any responsibility in this case, and the customer cannot claim any form of compensation.

8. Right of Withdrawal

Article L121-20 of the Consumer Code states that the consumer has a period of 14 (fourteen) days to exercise their right of withdrawal from a distance contract without having to provide a reason.

The Customer must notify Maison Brieuc of their withdrawal decision before the expiry of the 14 (fourteen) days, either by using the standard withdrawal form available for printing on the website or by sending an unambiguous statement expressing their desire to withdraw. This withdrawal decision must be notified to Maison Brieuc's Customer Service by email to the following address: contact@maisonbrieuc.bzh.

The right of withdrawal can be exercised from the conclusion of the contract, and the exercise period for this right expires fourteen (14) days after the day on which the Customer, or a third party designated by the Customer, physically takes possession of the product(s). Maison Brieuc recommends that the Customer who wishes to exercise their right of withdrawal inform Customer Service. The Customer will receive a postal or email confirmation, which must be included with the parcel to be returned. In the case of an order for multiple goods delivered separately over time, the deadline runs from the date of delivery of the last product delivered to the Customer.

For reasons of hygiene or protection of health, the right of withdrawal cannot be exercised by the customer for products that are likely to deteriorate or expire rapidly. Products subject to the exclusion of the right of withdrawal are specifically indicated on the "BRIEUC.BZH" website.

The right of withdrawal is also excluded for products that have been unsealed or opened by the customer after delivery.

Returns of products will be accepted by Maison Brieuc only if the products are in perfect condition, in their original packaging.

Upon receipt of the customer's return parcel, Maison Brieuc undertakes to refund the amount of the returned product(s) and the initial shipping costs (unless the customer has received free delivery) within a maximum period of 14 days. In the case of a partial return, only the amount of the returned products will be refunded; the initial shipping costs will not be refunded insofar as the customer has benefited from the delivery service for the product(s) they have kept.

9. Guarantees

The products comply with the regulations and standards in force in France. The products are guaranteed against any possible conformity defects and hidden defects in the conditions provided for by the provisions of the Consumer Code concerning consumer sales within the meaning of this code, and the Civil Code, with no additional commercial guarantee being granted.

The Customer can thus rely on Maison Brieuc for:

• The legal guarantee of conformity of articles L217-4 and following of the Consumer Code.
• The guarantee of hidden defects in articles 1641 and following of the Civil Code.

The Customer who wishes to invoke one of the aforementioned guarantees will notify Maison Brieuc by email or registered letter with acknowledgment of receipt sent to Maison Brieuc's Customer Service, the contact details of which are as follows:

Postal Address:

Maison Brieuc SAS
Customer Service
5 rue du verger
22120 Yffiniac
France

Email Address:

contact@maisonbrieuc.bzh

If the customer's claim is accepted, Maison Brieuc will exchange the product or refund it no later than 30 (thirty) days from the notification of non-conformity to Maison Brieuc. Return costs will be refunded to the customer upon presentation of supporting documents.

10. Liability

Maison Brieuc cannot be held responsible for damages of any kind resulting from the customer's improper use of the products (failure to respect consumption dates, failure to check the list of ingredients in case of allergies, improper storage conditions, etc.).

Browsing the Site is the sole responsibility of the customer. Maison Brieuc's liability cannot be sought in any way due to disturbances caused by the use of the Internet network, such as service interruptions, breakdowns, errors, computer viruses, which would hinder access to the Site's continuity. Maison Brieuc cannot, in such cases, be held liable for direct or indirect damages that may be related to access or use of the Site.

11. Force Majeure

The occurrence of a force majeure event, as defined by French law and jurisprudence, constitutes a cause for the suspension of the Seller's and the Customer's obligations for the entire duration of this force majeure event. Events considered as force majeure include strikes, fires, weather conditions and natural disasters, wars, production stoppages at Maison Brieuc and our suppliers or the impossibility of being delivered, etc. In these cases, the debtor of the obligation cannot be held responsible for the non-performance of said obligation. In the event that this force majeure event persists beyond a period of one (1) month, the Seller and the Customer agree to consider this force majeure event as definitive. The contract is then canceled, and Maison Brieuc will retain only the payment for the products it was able to ship on the date of cancellation of the contract. Any sums in its possession corresponding to the sale of products that have not been delivered must be refunded.

12. 12. Customer Service

Maison Brieuc's customer service can be reached by phone from Monday to Friday from 9:30 a.m. to 12:30 p.m. and from 2:00 p.m. to 5:00 p.m., as well as by email, to answer any questions or requests for information:

• By phone at 02 96 77 04 49
• By email at contact@maisonbrieuc.bzh
• By mail to be sent to: Maison Brieuc SAS, 5 rue du verger, 22120 YFFINIAC, France

13. Intellectual Property

The elements of the "BRIEUC.BZH" Site, including logos, registered trademarks, images, photographs, illustrations, visuals, texts, descriptions, sound elements, databases, and more generally all elements related to the content and architecture of the Site, are the exclusive property of Maison Brieuc and are protected under intellectual property and copyright law. The reproduction, imitation, and representation, in whole or in part, of these elements without the express and prior consent of Maison Brieuc would constitute counterfeiting and/or civil liability involving civil and/or criminal liability of the offender.

14. Protection of Personal Data

All information and personal data collected by Maison Brieuc as part of placing an order on the "BRIEUC.BZH" Site are subject to computer processing intended for the processing of the online order and its execution. In accordance with legal provisions, the customer has the right to access, rectify, oppose, and delete personal data collected by Maison Brieuc as part of placing the order.

This data will be for private use only and will never be transmitted or sold to third parties and commercial partners (except for the transportation service for the proper delivery of the order).

Maison Brieuc does not engage in telemarketing.

Nevertheless, you have the right to register for free on a telephone solicitation opposition list on the site bloctel.gouv.fr if you do not wish to be the subject of commercial prospecting.

Furthermore, in accordance with General Data Protection Regulation No. 2016/679 and Law No. 78-17 of 06/01/78 as amended (Data Protection Act), the customer has the right to access, rectify, delete, object to, limit the processing, and portability of their data.

The customer also has the right to lodge a complaint with a supervisory authority, in particular with the National Commission for Information Technology and Civil Liberties (CNIL), if they believe that the processing of personal data concerning them constitutes a violation of the General Data Protection Regulation and the Data Protection Act.

The customer can access the procedure on the CNIL website cnil.fr/fr or send us a letter to:

Maison Brieuc SAS
Customer Service
5 rue du verger
22120 Yffiniac
France

15. Transfer of Ownership

The products remain the property of Maison Brieuc until they are delivered to the shipping company.

16. Disputes

These general conditions and the sales contracts concluded between Maison Brieuc and the customer are subject to French law.

In the event of a dispute or complaint, we invite the customer to contact Maison Brieuc's customer service at 02 96 77 04 49 or by email: contact@maisonbrieuc.bzh to find an amicable solution.

Consumer Mediation:

In accordance with the provisions of Articles L616-1 and L612-1 and following of the Consumer Code concerning the amicable resolution of disputes: when the consumer has sent a written complaint to the professional and has not obtained satisfaction or a response within a period of (2) months, they can submit their complaint to the consumer mediator free of charge. The mediator must be contacted within a maximum period of one (1) year from the initial complaint.

Maison Brieuc has signed up with the following mediator:

CM2C
17 rue Saint-Jean
75017 Paris
Tel: 01 89 47 00 14

At a minimum, the claimant must provide to the mediator: proof of purchase, as well as correspondence with Maison Brieuc and its customer service, and state the reason for their grievance.

The mediator will then intervene with Maison Brieuc on behalf of both parties.

In the absence of an amicable agreement between Maison Brieuc and the Customer following one of these procedures, the dispute may be submitted to the courts and tribunals of Saint Brieuc (22000), France, but the customer can also resort to the jurisdiction of their place of residence at the time of the transaction, or the place where the harmful event occurred.

16. Litiges

Les présentes conditions générales et les contrats de vente conclus entre Maison Brieuc et le client, sont soumis au droit français.

En cas de litige ou de réclamation, nous invitons le client à se rapprocher du service client de Maison Brieuc joignable au 02 96 77 04 49 ou par email : contact@maisonbrieuc.bzh afin de trouver une solution amiable.

Médiation de la consommation :

Conformément aux dispositions des articles L616-1 et L612-1 et suivants du Code de la Consommation concernant le règlement amiable des litiges : lorsque le consommateur a adressé une réclamation écrite au professionnel et qu’il n’a pas obtenu satisfaction ou de réponse dans un délai de (2) mois, il peut soumettre gratuitement sa réclamation au médiateur de la consommation. Le médiateur doit être saisi dans le délai maximal d’(1) an à compter de la réclamation initiale.

Maison Brieuc a souscrit une adhésion auprès du médiateur suivant :

CM2C
17 rue Saint-Jean
75017 Paris
Tel : 01 89 47 00 14

A minima, le demandeur devra fournir auprès du médiateur : la preuve d’achat ainsi que les échanges avec Maison Brieuc et son service client, et formuler le motif de son grief.
Le médiateur interviendra ensuite auprès de Maison Brieuc au titre des deux parties.

A défaut d'accord amiable entre Maison Brieuc et le Client à l’issue de l'une de ces procédures, le litige pourra être soumis aux cours et tribunaux de Saint Brieuc (22000), France, mais le client pourra également recourir à la juridiction de son lieu d’habitation au moment de la transaction, ou bien celle de la survenance du fait dommageable.