GTC
Bruxless General Terms and Conditions of Sale
Version of March 10, 2025
ARTICLE 1. DEFINITIONS
"GTC" refers to these General Terms and Conditions of Sale.
“Client” means any consumer within the meaning of the French Consumer Code, of legal age, residing in the Territory, who wishes to purchase and who purchases Products through the Site.
"Order" means any request to purchase Products on the Site by the Customer.
“Customer account” means the Customer’s user account as defined in ARTICLE 6 of the General Terms and Conditions.
"Parties" refers to the Seller and the Customer.
“Pre-order” means any reservation of a Product not yet available on the Site by the Customer.
"Product" means any product offered for sale on the Site and whose essential characteristics are
described on the Site.
"Site" refers to the Seller's website accessible at https://www.bruxless.com/ where the Customer can purchase Products. "Territory" refers to metropolitan France and all Member States of the European Union.
excluding outermost regions.
“Seller” means BRUXLESS, a simplified joint-stock company with a capital of €1,287,500, whose registered office is located at ZI Saint-Maurice 25 Place de l'Encas 04100 Manosque, FRANCE, registered with the Trade and Companies Register of Aix-en-Provence under number 894 562 826, represented by its President Guillaume Collinot, whose activity is the operation of a technical and electronic design office, the design, production, sale of electrical and electronic products, the sale of software and programming, the design of technical parts, as well as quality and technical services, whose email is contact@bruxless.com and telephone number is +33 (0) 4 42 99 85 72.
ARTICLE 2. PURPOSE
The purpose of these General Terms and Conditions is to define the rights and obligations of the Parties in the context of the Order and Pre-order by the Customer of Products sold by the Seller through the Site.
ARTICLE 3. SCOPE OF APPLICATION
These Terms and Conditions apply exclusively to any Order or Pre-order placed through the
Site, Products, by the Seller to the Customer, delivered or supplied within the Territory. The General Terms and Conditions are exclusively available in French.
Prior to placing an order or pre-order, the customer has read and accepted the terms and conditions, which are therefore fully binding upon them.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing a new version on the Website. The version of the Terms and Conditions applicable between the Parties for a BRUXLESS Order or Pre-order – Terms and Conditions of June 27, 2023 2/17 – is the one in effect on the date of its acceptance by the Customer for that Order or Pre-order.
ARTICLE 4. TERRITORY
Orders and pre-orders can only be placed between the Seller and a Customer residing within the Territory. They can only be delivered within the Territory. These General Terms and Conditions apply to all Orders and Pre-orders placed by the Customer for delivery or collection within the Territory.
ARTICLE 5. DURATION
The General Terms and Conditions of Sale shall enter into force between the Parties from the date of validation of the Order or Pre-order by the Customer and shall be applicable for the duration necessary for the supply of the Products ordered or pre-ordered, until the expiry of the guarantees and obligations due by the Seller.
ARTICLE 6. CUSTOMER ACCOUNT
The Customer can create a Customer Account or log in if they already have one. Creating a Customer Account is not mandatory to place an Order or a Pre-order on the Site.
To this end, the Customer must provide the following information: last name, first name, date of birth, email address, and password. An email will be sent to confirm the creation of their Customer Account. By clicking on the link provided in this email, the Customer Account will be created.
The Customer can modify their personal information at any time by logging into their Customer Account.
The email address and password associated with the customer account are strictly personal and confidential.
Any order or pre-order placed through the customer account will be deemed to have been placed by the customer in question and will be binding upon them with respect to the seller. It is the customer's responsibility to inform the seller immediately.
The Seller shall in writing notify the Seller of any unauthorized use of which he becomes aware of his email and password linked to his Customer Account.
The information provided by the Client must be accurate, complete and up-to-date.
ARTICLE 7. PRE-ORDER
When a Product is identified as being on "Pre-order", the following conditions apply:
The customer pays a single amount upon confirmation of the pre-order. The product will be delivered when it becomes available.
Payment in installments is available via our partner PayPal, subject to acceptance by them.
ARTICLE 8. ORDERING AND PRE-ORDERING PROCESS ON THE WEBSITE
The ordering and pre-ordering process on the Site is as follows:
8.1. Access, information and selection of Products
The Customer must visit the Site, then add one or more Products to their virtual shopping cart, within the limit
Ten products from the same category per customer, regardless of the number of orders or pre-orders. If the customer wishes to order or pre-order more, they must contact the seller by email.
Prior to placing an order or pre-order, the customer can review the price and essential characteristics of the product they wish to purchase.
8.2. Virtual Shopping Cart
Once the product(s) have been selected, the customer must go to their virtual shopping cart to check the contents of their order or pre-order. They can add or remove products at any time.
The customer must then click on "Order" or "Pre-order" to validate their virtual shopping cart and proceed to the next step. In case of prolonged inactivity, the contents of the virtual shopping cart may no longer be guaranteed. In this case, the customer will be asked to select the product(s) they wish to order or pre-order again.
8.3. Order Summary
The Customer must either log in to their Customer Account or create one in accordance with ARTICLE 6 of the General Terms and Conditions.
or provide your email address.
If the customer does not have a customer account, they must provide their date of birth.
The Customer must then provide the following information relating to the delivery of their Order or their
Pre-order: name, surname, country of delivery, delivery address, mobile phone number. The customer can enter a promotional code if they have a valid one. The customer must then click on "Continue to shipping" to proceed to the next step.
8.4. Delivery Method
At this stage, the customer can still modify their contact email and delivery address. Only one delivery method is offered to the customer: "Standard" delivery, as described in Article 13 of the General Terms and Conditions. The customer must then click "Continue to Payment" to proceed to the next step.
8.5. Choosing the payment method and verifying the Order or the
Pre-order
The Customer then chooses the payment method for their Order or Pre-order from those referred to in ARTICLE 9 of the General Terms and Conditions.
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A summary of the Order or Pre-order and its total amount, including delivery charges, will be displayed. The Customer can modify their delivery and/or billing address. If they wish to modify their shopping cart, they must return to the previous step. Any changes will be reflected in the Order or Pre-order summary.
The Customer may choose to save their payment details for future Orders or Pre-orders. This service is offered by Shopify, and its terms of service and privacy policy apply exclusively to this service.
8.6. Order or Pre-order Verification
A summary of the Order or Pre-order and its total amount, including delivery charges, will be displayed. The Customer may modify their delivery and/or billing address and their payment method.
Payment. In case of any changes, the order summary will be updated.
8.7. Acceptance of the General Terms and Conditions
Before confirming their Order or Pre-order and making payment, the Customer must read and accept the Terms and Conditions by ticking the box provided for this purpose.
8.8. Order or Pre-order Confirmation and Payment
The Customer must then validate their Order and proceed to payment according to the selected payment method.
8.9. Order or Pre-order Confirmation
The Seller receives the Order or Pre-order validated by the Customer and performs the necessary checks for its confirmation. This includes verifying the availability of the Products included in the Order and confirming payment for the Order or Pre-order.
The Customer will then receive an email confirming their Order or Pre-order and
acceptance of payment. This email will summarize the contents of the Order or Pre-order and will contain these Terms and Conditions.
8.10. Rejection of the Order or Pre-order
The Seller may reject the Customer's Order or Pre-order, in whole or in part, in the event of
legitimate reason, in particular:
- of abnormal Order or Pre-order of Products, in particular the Order or Pre-order of a quantity exceeding the maximum authorized quantity of Products,
- Product unavailability or product stock shortage,
- inappropriate behavior by the Client and/or their bad faith,
- failure to pay the Order or Pre-order in full or in part by the Customer or
- of a pre-existing dispute with the Customer concerning the payment of a previous Order or Pre-order.
In any event, if the Seller rejects the Customer's Order or Pre-order, he will inform him of the reasons for his rejection.
ARTICLE 9. PRICE
The prices shown on the Site are in euros (€), inclusive of all French taxes. The total price of the product may vary depending on the local VAT applicable in the country of delivery. Delivery charges, including the additional charge for deliveries outside of France (€15), will be added during the Order or Pre-order process.
The Seller may change the selling price of the Products at any time. If one or more taxes or contributions are created or modified, these will be reflected in the selling price of the Products.
The price applicable to the Customer and their Order or Pre-order is the one in effect when they validate that Order or Pre-order.
ARTICLE 10. PAYMENT
Payment for the Order or Pre-order must be made in euros (€).
ARTICLE 11. PRODUCT AVAILABILITY
The Seller undertakes to fulfill the Order within the limits of available Product stock. In case
In the event of Product unavailability, the Seller undertakes to inform the Customer of the expected delivery times for these Products within a maximum of fourteen days from the date of acceptance of the Order by the Seller. The Customer will then have the choice between a delayed shipment of the unavailable Product(s) or a refund. For Pre-orders, the specific provisions of ARTICLE 7 of the General Terms and Conditions apply.
ARTICLE 12. PROOF OF ORDER OR PRE-ORDER
The data recorded and stored on the Seller's computer system may be produced as proof of the content, validation of the Order or Pre-order by the Customer and its confirmation by the Seller, of the information provided by the Customer as well as his acceptance of these Terms and Conditions.
For any Order or Pre-order exceeding €120, the Seller will retain the aforementioned information for a period of ten years from the date of delivery or
Product delivery. This information may be made available to the Customer at any time upon request addressed to the Seller by mail or email.
ARTICLE 13. PROPERTY
The Products of the Order or Pre-order remain the property of the Seller until full payment of their price by the Customer. The transfer of risk related to the Products takes place upon receipt of the delivery(s).
Products from the Customer's Order or Pre-order.
ARTICLE 14. DELIVERY
14.1. Delivery methods
Once the Products in the Order or Pre-order are available, delivery can only be made using one of the delivery methods indicated on the Website. Delivery is only available within the Territory.
14.2. Delivery charges
Delivery charges depend on the total amount of the Order or Pre-order and the delivery method chosen by the Customer. They are those indicated when the Order or Pre-order is placed by the Customer.
For deliveries outside of France, a supplement of €15 will be charged in addition to the standard delivery charges.
14.3. Delivery time
Product delivery times are those indicated at the time of the Order or Pre-order. They are calculated in business days (excluding Saturdays, Sundays, and public holidays). Delivery times begin upon confirmation of the Order by the Seller and acceptance of payment. Delivery of pre-ordered Products is estimated for the beginning of the second quarter of 2026. This date is indicative and may be subject to change.
14.4. Delivery Delay
In the event of a delay in the delivery of the Products ordered or pre-ordered, the Customer may either notify the Seller of the suspension of payment of all or part of the price until the Seller performs, under the conditions of Articles 1219 and 1220 of the Civil Code, or cancel his Order or Pre-order if, after having formally demanded that the Seller deliver the Order or Pre-order within a reasonable additional period, the Seller has not performed within that period.
The Order or Pre-order will be considered cancelled upon receipt by the Seller of the letter or written notice informing him of this cancellation, unless the Seller has complied in the meantime.
The Seller undertakes to inform the Customer of any foreseeable delay and to offer refund or extension options if the initial two-year period is exceeded.
The Customer may, however, immediately cancel their Order or Pre-order either when the Seller refuses to deliver it or when it is clear that they will not deliver it, or when the Seller fails to fulfill their obligation to deliver the Order or Pre-order by the agreed date or within the agreed timeframe, and this date or timeframe constitutes an essential condition of the Order or Pre-order for the Customer. This essential condition may arise from the circumstances surrounding the conclusion of the Order or Pre-order or from an express request by the Customer before the conclusion of the Order or Pre-order.
In the event of cancellation of the Order or Pre-order under the aforementioned conditions, the Seller will proceed to reimburse the sums paid by the Customer for this Order or Pre-order no later than fourteen days following the date on which the Seller received the letter or written notice informing him of this cancellation.
14.5. Receipt of the Order or Pre-order
Upon physical receipt of the Order or Pre-order, the Customer must check the condition of the package and the Products inside. It is their responsibility to notify the carrier of any reservations they deem necessary.
necessary. The customer may also refuse the package if it is visibly damaged upon receipt. If the customer notifies the carrier of any reservations, they must send a copy of this notification.
to the Seller.
A written confirmation is provided to the Customer upon receipt of the Order or Pre-order, outlining the Customer's right to raise any objections, particularly in the event of a Product defect.
or failure to provide the instruction manual or installation instructions.
The Seller shall not be held liable for any failure or delay in delivery if the Customer does not have a mailbox, or if the delivery address indicated when placing the Order or the
Pre-orders do not exist if the customer has not provided the correct delivery address or in the event of travel restrictions decided by the authorities.
ARTICLE 15. RIGHT OF WITHDRAWAL
In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the Customer has a right of withdrawal which he may exercise within the period and according to the terms specified below.
15.1. Time limit for exercising the right of withdrawal
The Customer has a period of fourteen days from the day following the date of receipt of the Product by the Customer or a third party designated by him, other than the carrier.
This period begins at the start of the first hour of the first day of the period and ends at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday, or public holiday, it is extended to the next working day.
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In the case of an Order or Pre-order relating to several Products delivered separately or in the case of an Order or Pre-order of a Product consisting of multiple lots or pieces whose delivery is staggered over a defined period, the period runs from the day following the receipt of the last Product or lot or the last piece.
For Orders providing for the regular delivery of Products over a defined period, the period runs from the day following receipt of the first Product.
15.2. Procedures for exercising the right of withdrawal
The Customer exercises his right of withdrawal by informing the Seller of his decision to withdraw by sending, before the expiry of the period provided for in article 14.1 of the General Terms and Conditions, the withdrawal form available in ANNEX I or any other unambiguous statement expressing his wish to withdraw.
The Customer does not have to justify their decision to exercise their right of withdrawal.
The Customer must then return or send back the Products to the Seller no later than fourteen days after communicating their decision to withdraw, unless the Seller offers to collect these Products themselves.
15.3. Direct Return Costs
The Customer will only bear the direct costs of returning the Products.
15.4. Effects of the right of withdrawal
When the Customer exercises his right of withdrawal, the Seller shall reimburse him for all sums paid no later than fourteen days from the date on which he is informed of the Customer's decision to withdraw.
For sales of Products, unless the Seller offers to collect the goods himself, the Seller may defer the refund until the Products are recovered or until the Customer has provided proof of shipment of these Products, whichever occurs first.
The Seller will make this refund using the same payment method that the Customer used for the initial transaction, unless the Customer expressly agrees to use another payment method and provided that the refund does not incur any costs for the Customer.
The Seller is not required to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
The Client shall not bear any costs other than those provided for in this ARTICLE 14.
15.5. Exclusions from the right of withdrawal
The right of withdrawal cannot be exercised for:
- the supply of goods made to the Customer's specifications or clearly personalized,
- the supply of Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
ARTICLE 15 bis. SATISFACTION GUARANTEE OR YOUR MONEY BACK
15 bis.1. Principle
In addition to the statutory right of withdrawal, the Customer benefits from a 30-day "satisfaction or money back" guarantee from the date of receipt of the Bruxless device.
15 bis.2. Time limit and terms of exercise
The Customer has 30 calendar days from receipt of the Product to exercise this warranty. To do so, the Customer must notify the Seller of their decision in writing (email or letter) before the expiry of the 30-day period.
15 bis.3. Conditions
The product must be returned in its original condition, complete (accessories, instructions, etc.), and accompanied by a copy of the purchase invoice. Return shipping costs are the responsibility of the customer.
15 bis.4. Reimbursement
After receiving and verifying the returned Product, the Seller will proceed with a full refund of the purchase price of the Product, excluding initial delivery costs, within 14 days.
15 bis.5. Exclusions
This warranty does not apply to Products that have been damaged, used improperly, or whose seals have been broken.
ARTICLE 16. LEGAL GUARANTEES
16.1. Guarantees concerned
The Customer benefits from the legal guarantee of conformity provided for in Articles L. 217-3 to L. 217-20 of the French Consumer Code, as well as the legal guarantee against hidden defects in the goods sold, provided for in Articles 1641 to 1649 of the French Civil Code, for Products whose Order or Pre-order has been accepted by the Seller and which have been delivered to them. BRUXLESS – General Terms and Conditions of Sale dated June 27, 2023 8/17
16.2. Legal guarantee of conformity
16.2.1. Content
16.2.1.1. Principle and deadlines
The Seller delivers a Product that conforms to the Order or Pre-order.
The Seller is liable for defects of conformity existing at the time of the Customer taking possession of the Products of the Order or Pre-order and which appear within a period of two years from the date thereof.
The Seller is also liable, within the same time limits, for any lack of conformity resulting from the packaging, assembly instructions, or installation when the latter was carried out by the Seller or has been performed by the Seller.
under its responsibility, or when the incorrect installation, carried out by the Client as agreed between the Parties, is due to omissions or errors in the installation instructions provided by the Seller. This warranty period applies without prejudice to Articles 2224 et seq. of the Civil Code. The starting point
The statute of limitations for the Client's action is the day on which the Client becomes aware of the non-conformity.
16.2.1.2. Product Conformity to Order or Pre-order
The Product conforms to the Order or Pre-order if it meets, in particular where applicable, the following criteria:
- it corresponds to the description, type, quantity and quality, particularly with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the
Order or Pre-order,
- it is suitable for any special purpose sought by the Customer, which the Customer has made known to the Seller no later than the time of the conclusion of the Order or Pre-order and which the latter has
accepted,
- It is delivered with all accessories and installation instructions, as specified in the Order or Pre-order.
- it is updated in accordance with the Seller's commitments.
In addition to the aforementioned criteria, the Product is compliant if it meets the following criteria:
- it is fit for the purpose for which goods of the same type are normally used, taking into account, where applicable, any provisions of European Union and national law as well as all technical standards or, in the absence of such technical standards, any specific codes of conduct applicable to the sector concerned,
- where applicable, it possesses the qualities that the Seller presented to the Customer in the form of a sample or model, before the conclusion of the Order or Pre-order,
- where applicable, the digital elements it contains are provided according to the most recent version available at the time of the Order or Pre-order, unless the parties agree otherwise,
- where applicable, it is delivered with all accessories, including packaging, and installation instructions that the Seller can legitimately expect,
- where applicable, it is provided with the updates that the consumer can legitimately expect, in accordance with the provisions of Article L. 217-19 of the Consumer Code,
- it corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the Customer can legitimately expect for goods of the same type, having regard to the nature of the goods as well as the public statements made
by the Seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or labeling.
However, the Seller is not bound by all the aforementioned public statements if it demonstrates:
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- that he did not know them and was not legitimately in a position to know them,
- that at the time of the conclusion of the Order or Pre-order, the public statements had been rectified under conditions comparable to the initial statements
- or that public statements could not have influenced the purchase decision.
The Customer cannot contest conformity by invoking a defect concerning one or more particular characteristics of the Product, of which he has been specifically informed that they deviate from the aforementioned conformity criteria, a deviation to which he has expressly and separately consented when concluding the Order.
16.2.1.3. Product Conformity to Order or Pre-order and GDPR
When, during the ordering or pre-ordering process, the Seller processes personal data, this constitutes a breach of its obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties, insofar as this breach results in non-compliance with one or more criteria of
the aforementioned conformity is treated as a lack of conformity, without prejudice to other remedies provided for by the aforementioned legal texts.
16.2.1.4. Presumption of appearance of non-conformities upon delivery
Any lack of conformity which appears within twenty-four months of delivery of the Product, including Products containing digital elements, shall, unless proven otherwise, be presumed to have existed at the time of delivery, unless such presumption is incompatible with the nature of the
Product or the alleged defect.
16.2.2. Implementation methods
16.2.2.1. Principle
In the event of non-conformity, the Customer has the right to have the Product brought into conformity by repair or replacement or, failing that, to a price reduction or to the cancellation of the Order or Pre-order, under the conditions set out below.
The Customer also has the right to suspend payment of all or part of the price or the delivery of the benefit stipulated in the Order or Pre-order until the Seller has fulfilled its obligations
which are incumbent upon him under the legal guarantee of conformity, under the conditions of articles 1219 and 1220 of the civil code.
The application of the legal guarantee of conformity is without prejudice to the award of damages.
16.2.2.2. Right to compliance
The Customer has the right to demand that the Product be brought into compliance with the conformity criteria set out in Article
15.2.1.2 of the CGV.
The Customer requests that the Seller bring the Product into compliance, choosing between repair and replacement. To this end, the Customer makes the Product available to the Seller.
The Product will be brought into compliance within a reasonable timeframe, which cannot exceed thirty days following the Customer's request and without major inconvenience to the Customer, taking into account the nature of the Product and
of the intended use by the Client.
The repair or replacement of the non-conforming Product includes, where applicable, the removal and collection of that Product and the installation of the repaired Product or the replacement item by the Seller. If this removal and collection cannot take place at the location of the item, the Seller will indicate the practical arrangements for
return of the Product, without causing the Customer any major inconvenience or disproportionate costs relative to its value. If the Seller charges the Customer for shipping costs to bring it into conformity,
The Seller is required to reimburse them within fourteen days at the latest from the day on which the Customer is informed of the taking charge of the Product under the legal guarantee. The bringing into conformity of the Product takes place at no cost to the Customer.
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The Customer is not required to pay for normal use of the replaced Product during the period prior to its replacement.
The Seller may not proceed according to the Client's choice if the requested compliance is impossible or entails disproportionate costs, particularly with regard to:
- the value that the Product would have in the absence of a lack of conformity;
- the importance of the non-conformity and
- the possible option of choosing the other option without major inconvenience for the consumer.
The Seller may refuse to bring the Product into conformity if this is impossible or entails disproportionate costs, particularly in view of the value the Product would have in the absence of non-conformity and the importance of the non-conformity. When these conditions are not met, the Customer may, after formal notice, pursue specific performance of the solution initially requested, in accordance with Articles 1221 et seq. of the Civil Code.
Any refusal by the Seller to proceed according to the Client's choice or to bring the goods into conformity, must be justified in writing or on a durable medium.
16.2.2.3. Extension of the legal warranty after repair or replacement
Any product repaired under the legal guarantee of conformity benefits from a six-month extension of this guarantee.
If the Customer chooses repair but the Seller does not carry it out, bringing the Product into conformity by replacing it will trigger a new legal warranty period for the Customer, applicable to the replaced item. This provision applies from the day the replacement item is delivered to the Customer.
16.2.2.4. Case of price reduction or cancellation of the Order or the
Pre-order
The Customer is entitled to a price reduction for the Product or to the cancellation of the Order or Pre-order in the following cases:
- when the Seller refuses any compliance measures,
- when compliance is achieved more than thirty days after the Client's request, or if it causes the Client significant inconvenience,
- if the Customer ultimately bears the costs of returning or removing the non-conforming Product, or if they bear the costs of installing the repaired or replacement Product or related expenses,
- when the non-conformity of the Product persists despite the seller's unsuccessful attempt to bring it into conformity.
The Customer is also entitled to a price reduction or cancellation of the Order or Pre-order when the non-conformity is so serious that it justifies an immediate price reduction or cancellation of the Order or Pre-order. In such cases, the Customer is not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to rescind the sale if the lack of conformity is minor, which it is up to the Seller to demonstrate.
It is the Client's responsibility to inform the Seller of their decision to obtain a price reduction for the Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of that Product in the absence of the non-conformity.
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It is also the Customer's responsibility to inform the Seller of their decision to cancel the Order or Pre-order. The Customer must return the Products to the Seller at the Seller's expense. The Seller will then refund the Customer the price paid and reimburse any other benefits received under the Order or Pre-order.
If the lack of conformity relates only to certain Products delivered under the Order or Pre-order, the Customer has the right to rescind the Order or Pre-order for all Products, even those not covered by the legal guarantee of conformity, if it cannot reasonably be expected of him that he agrees to keep only the conforming Products.
The reimbursement to the Customer of the sums owed by the Seller is made upon receipt of the Product or proof of its return by the Customer and at the latest within fourteen days thereafter.
The Seller will refund these sums using the same payment method used by the Customer when placing the Order or Pre-order, unless otherwise expressly agreed by the Customer and in any event without additional charges.
16.3. Legal guarantee relating to defects in the item sold
16.3.1. Scope
The legal guarantee relating to defects in the thing sold applies regardless of the Product acquired, in accordance with articles 1641 to 1649 of the Civil Code.
It applies if the following cumulative conditions are met:
- the defect is hidden, that is to say, not apparent at the time of purchase,
- the defect renders the Product unusable or greatly reduces its usability and
- the defect existed at the time of purchase.
It does not apply to apparent defects.
16.3.2. Implementation methods
The Customer may invoke this warranty within a maximum period of two years from the discovery of the defect. It is not valid beyond five years after the purchase of the Product.
It is the Client's responsibility to demonstrate the existence of the defect.
It must be exercised with the Seller by registered letter with acknowledgment of receipt.
In the event of a proven defect, the Client has the following choice:
- either to return the Product and receive a refund of its price as well as any costs incurred by the sale of this Product,
- either keep the product and get a partial refund.
If it is proven that the Seller knew of the defect, the Seller will also be liable for all damages and interest towards the Customer.
ARTICLE 17. INTELLECTUAL PROPERTY
The Seller declares that it is the holder of the intellectual property rights to the Site and its content.
He is the owner of the Site's domain name.
No rights to any trademark, trade name or other distinctive sign, or any other intellectual property right belonging to the Seller, are conferred on the Customer by the General Terms and Conditions.
Any reproduction, in whole or in part, modification or use of the Site or its content for any reason whatsoever is strictly prohibited.
The Customer agrees not to infringe, directly or indirectly, upon the Seller's rights. BRUXLESS – General Terms and Conditions of Sale dated June 27, 2023 12/17
ARTICLE 18. MISCELLANEOUS PROVISIONS
18.1. Entirety
The General Terms and Conditions and the Order or Pre-order constitute the entire agreement between the Parties and supersede any prior agreement, whether explicit or implicit, written or oral, between the Parties relating to the subject matter of the General Terms and Conditions. They represent the sole will of the Parties.
18.2. Void clauses
In the event that one or more clauses are declared null and void by a court decision or prove impossible to implement, the validity of the other provisions will not be affected and the Parties undertake to negotiate in good faith a replacement provision, unless the clause(s) declared null and void relate to an essential clause of the General Terms and Conditions.
18.3. Force majeure
If either Party is unable to perform its obligations under these General Terms and Conditions and the Order or Pre-order due to force majeure as defined in Article 1218 of the French Civil Code, the performance of its obligations shall be suspended for the duration of such circumstances, provided that the affected Party notifies the other Party of the existence of such impediment and its causes within fourteen days. The Parties shall take all necessary measures to mitigate the effects of the force majeure.
As soon as the cause of the suspension of their reciprocal obligations ceases to exist, the Parties shall make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the Party prevented from performing its obligations shall notify the other Party of the resumption of its obligations by registered letter with acknowledgment of receipt or by any extrajudicial means.
If this case of force majeure continues for more than one month, the Order or Pre-order may be terminated at the request of the most diligent Party without either Party being liable to the other.
Each Party shall bear the burden of all costs incurred by it as a result of the occurrence of force majeure.
18.4. Waiver
The failure of a Party to enforce any provision of these Terms and Conditions, or to tolerate any breach thereof, whether temporarily or permanently, shall not be construed as a waiver by that Party of its rights under these Terms and Conditions.
The fact that a Party tolerates a non-performance or imperfect performance of the General Terms and Conditions, or more generally tolerates any act, abstention or omission by the other Party that is not in accordance with the provisions of the General Terms and Conditions, shall not confer any right whatsoever on the Party that benefits from such tolerance.
ARTICLE 19. COMPLAINTS – MEDIATION – DISPUTES
19.1. Applicable Law
These General Terms and Conditions are governed exclusively by French law. They are written entirely in French, which is the only language that shall be considered valid in relations between the Parties and in the event of a dispute.
19.2. Complaints
The Customer may send to the Seller any complaint relating to the application of the General Terms and Conditions by email or mail to the address appearing in ARTICLE 1 "Seller" of these General Terms and Conditions.
The Seller will respond within a maximum of thirty calendar days. If no response is received within this period, the claim will be considered rejected.
19.3. Mediation
In the event of a dispute and prior to initiating any legal proceedings, the Client may resort to the consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.
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