Bruxless General Conditions of Sale

Version of June 27, 2023

ARTICLE 1. DEFINITIONS

“GTC” means these General Conditions of Sale.
“Customer” means any consumer within the meaning of the French Consumer Code, of legal age, resident in the Territory, who wishes to acquire and who acquires 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 T&Cs.
“Parties” means 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" means the Seller's website accessible at https://www.bruxless.com/ on which the Customer can purchase Products. "Territory" means mainland France and all member states of the European Union
outside the outermost regions.
“Seller” means BRUXLESS, a simplified joint stock company with capital of €1,287,500, whose registered office is located at ZI Saint-Maurice 25 Place de l'Encas 04100 Manosque, FRANCE, registered in the Aix-en-Provence Trade and Companies Register under number 894 562 826, represented by its Chairman Guillaume Collinot, whose business 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 the provision of quality and technical services, whose email address is contact@bruxless.com and whose telephone number is +33 (0) 4 42 99 85 72.

ARTICLE 2. PURPOSE

The purpose of the 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 via the Site.

ARTICLE 3. SCOPE OF APPLICATION

The T&Cs apply exclusively to any Order or Pre-order placed through the
Site, Products, by the Seller to the Customer, delivered or supplied in the Territory. The T&Cs are exclusively available in French.
Prior to the Order or Pre-order, the Customer has read and accepted the General Terms and Conditions which are therefore fully binding on him.
The Seller reserves the right to modify the T&Cs at any time by publishing a new version on the Site. The version of the T&Cs applicable between the Parties for a specific Order or Pre-order BRUXLESS – T&Cs of June 27, 2023 2/17 is the one in effect on the date of its acceptance by the Customer for this Order or Pre-order.

ARTICLE 4. TERRITORY

Orders and Pre-orders can only be concluded between the Seller and a Customer residing in the Territory. They can only be delivered in the Territory. The General Terms and Conditions apply to any Order and Pre-order made by the Customer for delivery or delivery in the Territory.

ARTICLE 5. DURATION

The General Terms and Conditions come into force between the Parties from the date of validation of the Order or Pre-order by the Customer and are applicable for the duration necessary for the supply of the Products ordered or pre-ordered, until the extinction of the guarantees and obligations owed by the Seller.

ARTICLE 6. CUSTOMER ACCOUNT

The Customer may create a Customer Account or log in if he/she already has one. The creation of a Customer Account is not mandatory to place an Order or Pre-order on the Site.
To this end, the Customer must provide the following information: name, first name, date of birth, email and password. An email will be sent to the Customer to confirm the creation of their Customer Account. By clicking on the link indicated in the email, the Customer Account will be created.
The Customer may modify his personal information at any time by logging into his Customer Account.
The email 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 concerned and will bind them towards the Seller. It is the Customer's responsibility to immediately inform
in writing the Seller of any unauthorized use of which he would be 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 of €349.50 when validating the pre-order to benefit from a reduction on the public price of the Product (public price: €699). The Product will be delivered when it is available, estimated in summer 2025.

The Customer pays an initial deposit of €49 when pre-ordering. The remaining balance of €510.20 must be paid before the Product is shipped, estimated for summer 2025. The Customer will be informed by email when the balance is due and will have 30 days to pay it.
For both offers, payment in installments is available via our partner Klarna, subject to acceptance by the latter.

ARTICLE 8. ORDERING AND PRE-ORDERING PROCESS ON THE SITE

The Order and Pre-Order process on the Site is as follows:

8.1. Access, information and selection of Products
The Customer must go to the Site, then add one or more Products to their virtual basket within the limit
of ten Products of the same category per Customer, regardless of the number of Orders or Pre-orders. If the Customer wishes to order or pre-order more, he/she must contact the Seller by email.
He may, prior to his Order or Pre-order, find out the price and essential characteristics of the Product he wishes to purchase.

8.2. Virtual shopping cart
Once the Product(s) has 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.
He must then click on "Order" or "Pre-order" to validate his virtual basket and move on to the next step. In the event of prolonged inactivity, the contents of the virtual basket may no longer be guaranteed. In which case, the Customer will be invited to re-select the Product(s) he wishes to order or pre-order.

8.3. Summary of the Order
The Customer must either log in to their Customer Account or create one in accordance with ARTICLE 6 of the T&Cs,
or enter your email address.
If the Customer does not have a Customer Account, he must provide his date of birth.
The Customer must then provide the following information relating to the delivery of his Order or his
Pre-order: name, first name, delivery country, delivery address, mobile phone number. He can enter a promotional code if he has a valid one. The Customer must then click on "Continue to shipping" to move on to the next step.

8.4. Delivery method
At this stage, the customer can still modify the contact email and the delivery address. Only one delivery method is offered to the Customer, “Standard” delivery under the conditions of ARTICLE 13 of the T&Cs. The Customer must then click on “Continue to payment” to move on to the next step.

8.5. Choice of payment method and verification of the Order or the
Pre-order
The Customer then chooses the payment method for his Order or Pre-order from those referred to in ARTICLE 9 of the T&Cs.
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A summary of the Order or Pre-order and its total amount, including delivery costs, will be displayed. The Customer may modify their delivery and/or billing address. If they wish to modify their basket, they must return to the previous step. In the event of a modification, the Order or Pre-order summary will be updated.
The Customer may choose to save their payment data for their next Orders or Pre-orders. This service is offered by Shopify, its terms of use and privacy policy apply exclusively to this service.

8.6. Verification of the Order or Pre-Order
A summary of the Order or Pre-Order and its total amount, including delivery costs, will be displayed. The Customer may modify their delivery and/or billing address and their payment method.
payment. In case of modification, the Order summary will be updated.

8.7. Acceptance of the T&Cs
Before confirming his Order or Pre-order and making payment, the Customer must read and accept the General Terms and Conditions by checking the box provided for this purpose.

8.8. Validation of the Order or Pre-order and payment
The Customer must then validate their Order and then proceed to payment using the selected payment method.

8.9. Confirmation of the Order or Pre-Order
The Seller receives the Order or Pre-order validated by the Customer and carries out the checks necessary for its confirmation. In particular, it checks the availability of the Products making up the Order as well as the validation of the payment of 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 General Terms and Conditions.

8.10. Rejection of the Order or Pre-Order
The Seller may partially or totally reject the Customer's Order or Pre-order in the event of
legitimate reason, including:
- abnormal Order or Pre-order of Products, in particular the Order or Pre-order of a quantity greater than the maximum authorized quantity of Products,
- unavailability of the Product or out of stock of the Product,
- inappropriate behavior of the Client and/or bad faith,
- total or partial failure to pay the Order or Pre-order by the Customer or
- 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, it will inform the Customer of the reasons for its rejection.

ARTICLE 9. PRICE

The prices indicated on the Site for each Product are expressed in euros (€), all French taxes included. They do not include delivery costs which will be added during the Order process or
of the Pre-order in application of the prices indicated on the Site.
The Seller may modify the sale price of the Products at any time. If one or more taxes or contributions are created or modified, these will be reflected in the sale price of the Products.
The price applicable to the Customer and to his Order or Pre-order is that in effect when he validates this Order or Pre-order.

ARTICLE 10. PAYMENT

Payment for the Order or Pre-Order must be made in euros (€).

ARTICLE 11. AVAILABILITY OF PRODUCTS

The Seller undertakes to honor the Order within the limit of available stocks of the Products. In the event
unavailability of the Products, the Seller undertakes to inform the Customer of the expected delivery times of these Products within a maximum of fourteen days from the acceptance of the Order by the Seller. The Customer will then have the choice between a deferred shipment of the unavailable Product(s) or a refund of these. For Pre-orders, the specific provisions of ARTICLE 7 of the T&Cs 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, information provided by the Customer and its acceptance of these General Terms and Conditions.
For any Order or Pre-order for an amount greater than €120, the Seller ensures that the aforementioned information is kept for a period of ten years from delivery or
delivery of the Product. This information may be made available to the Customer at any time and upon request addressed to the Seller by mail or email.

ARTICLE 13. OWNERSHIP

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 risks related to the Products takes place upon receipt of the
Products of the Order or Pre-order by the Customer.

ARTICLE 14. DELIVERY

14.1. Delivery methods
Delivery of the Products of the Order or Pre-order once the Product is available cannot be
carried out only by one of the delivery methods indicated on the Site. It can only take place in the Territory.

14.2. Delivery costs
Delivery costs depend on the total amount of the Order or Pre-Order and the method of
delivery chosen by the Customer. They are those indicated when placing the Order or the
Pre-order by the Customer.
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14.3. Delivery time
The delivery times for the Products are those indicated when placing the Order or Pre-order. They are counted in working days (excluding Saturdays, Sundays and public holidays). Delivery times begin to run from the confirmation by the Seller of the Order and acceptance of its payment. Delivery of the pre-ordered Products is estimated for summer 2025. This date is indicative and may be subject to change.

14.4. Delay in delivery
In the event of a delay in 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 has complied, under the conditions of Articles 1219 and 1220 of the Civil Code, or cancel his Order or Pre-order if, after having formally notified the Seller to deliver the Order or Pre-order within a reasonable additional period, the Seller has not complied within this period.
The Order or Pre-Order will be considered cancelled upon receipt by the Seller of the letter or written notice informing it of this cancellation, unless the Seller has performed in the meantime.

The Seller undertakes to inform the Customer of any foreseeable delay and to offer reimbursement or extension options if the initial two-year period is exceeded.

The Customer may, however, immediately cancel his Order or Pre-order, either when the Seller refuses to deliver it or when it is clear that he will not deliver it, or when the Seller does not fulfill his obligation to deliver the Order or Pre-order on the date or at the end of the agreed period and this date or period constitutes for the Customer an essential condition of his Order or Pre-order. This essential condition results from the circumstances surrounding the conclusion of the Order or Pre-order or from an express request from 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 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 it 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 contained therein. It is their responsibility to notify the carrier of any reservations they consider
necessary. He may also refuse the package if it is clearly damaged upon receipt. In the event of notification of reservations to the carrier, the Customer must send a copy of this notification
to the Seller.
A written note is left with the Customer when the Order or Pre-order is taken into possession, mentioning the possibility for the Customer to formulate reservations, in particular in the event of a defect in the Product.
or failure to provide the operating instructions or installation instructions.
The Seller cannot be held responsible for failure or delay in delivery if the Customer does not have mailboxes, if the delivery address indicated when placing the Order or
Pre-order does not exist if the Customer has not indicated 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 time period and in accordance with the terms specified below.

15.1. Deadline 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 the Customer, other than the carrier.
This period begins to run at the beginning of the first hour of the first day of the period and ends at the expiration of the last hour of the last day of this period. If this period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
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In the case of an Order or Pre-order for several Products delivered separately or in the case of an Order or Pre-order for a Product composed of multiple batches or parts whose delivery is staggered over a defined period, the period starts from the day following receipt of the last Product or batch or part.
For Orders providing for the regular delivery of Products during a defined period, the period starts from the day following receipt of the first Product.

15.2. Conditions 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 APPENDIX I or any other declaration, free from ambiguity, expressing his wish to withdraw.
The Customer does not have to provide reasons for his decision to exercise his right of withdrawal.
The Customer must then return or restore the Products to the Seller no later than fourteen days following the communication of his decision to withdraw, unless the Seller offers to recover these Products himself.

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 will reimburse him for all sums paid no later than fourteen days from the date on which he is informed of the decision of the
Customer to withdraw.
For sales of Products, unless it offers to collect the goods itself, the Seller may defer reimbursement until the Products have been recovered or until the Customer has provided proof of
proof of shipment of these Products, the date retained being that of the first of these facts.
The Seller will make this reimbursement using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to use another means of payment.
and to the extent that the reimbursement 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 Customer 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 16. LEGAL GUARANTEES

16.1. Relevant guarantees
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 relating to defects in the thing sold (hidden defects) 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 him. BRUXLESS – General Terms and Conditions of 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 conforming to the Order or Pre-order.
The Seller is liable for any lack of conformity existing at the time the Products of the Order or Pre-order come into possession of the Customer and which appear within two years of this date.
The Seller is also liable, during the same time periods, for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed at its expense or has been carried out
under its responsibility, or when the incorrect installation, carried out by the Customer as agreed between the Parties, is due to gaps 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 limitation period for the Customer's action is the day on which the latter becomes aware of the lack of conformity.
16.2.1.2. Conformity of the Product to the Order or Pre-Order
The Product complies with the Order or Pre-order if it meets, in particular, where applicable, the following criteria:
- it corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristics provided for in the
Order or Pre-order,
- it is suitable for any special use sought by the Customer, brought to the attention of the Seller at the latest at the time of conclusion of the Order or Pre-order and that the latter has
accepted,
- it is delivered with all accessories and installation instructions, to be provided in accordance with the Order or Pre-Order,
- it is updated in accordance with the Seller's commitments.
In addition to the above criteria, the Product is compliant if it meets the following criteria:
- it is fit for the use normally expected of a good of the same type, taking into account, where appropriate, any provisions of European Union and national law and any technical standards or, in the absence of such technical standards, 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 may 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 to public statements made
by the Seller, by any person upstream in the transaction chain, or by a person acting on their behalf, including in advertising or on labeling.
However, the Seller is not bound by any of the above public statements if it demonstrates:
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- that he did not know them and was not legitimately able to know them,
- that at the time of conclusion of the Order or Pre-order, the public statements had been corrected under conditions comparable to the initial statements
- or that public statements could not have influenced the purchasing decision.
The Customer may not 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. Conformity of the Product to the Order or Pre-order and GDPR
When, on the occasion of the Order or Pre-order, processing of personal data
is carried out by the Seller, a breach on its part of the obligations incumbent upon it under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 relating to information technology, files and freedoms, since this breach results in non-compliance with one or more criteria of
conformity mentioned above, is considered to be a lack of conformity, without prejudice to other remedies provided for by the aforementioned legal texts.
16.2.1.4. Presumption of appearance of defects of conformity upon delivery
Any lack of conformity which appears within twenty-four months of delivery of the
Product, including Product containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this 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 a lack of conformity, the Customer is entitled to have the Product brought into conformity by repair or replacement or, failing that, to a reduction in the price or to the termination 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 provided for in the Order or Pre-order until the Seller has fulfilled the obligations
which are incumbent upon it 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 allocation of damages.
16.2.2.2. Right to compliance
The Customer is entitled to demand that the Product be brought into conformity with the conformity criteria set out in article
15.2.1.2 of the T&Cs.
The Customer requests the Seller to bring the Product into conformity, choosing between repair and
replacement. For this purpose, the Customer makes the goods available to the Seller.
The Product will be brought into conformity within a reasonable period of time which may not 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 use sought by the Client.
The repair or replacement of the non-compliant Product includes, where applicable, the removal and recovery of this Product and the installation of the repaired Product or the replacement good by the Seller. If this removal and recovery cannot take place at the place where the good is located, the Seller will indicate the practical arrangements for
return of the Product, without causing the Customer any major inconvenience or costs disproportionate to its value. If the Seller makes the Customer bear the shipping costs for its compliance,
The Seller is required to reimburse them within fourteen days at the latest from the day on which the Customer is informed that the Product has been taken over under the legal guarantee. The Product is brought into conformity 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 choice made by the Customer if the requested compliance is impossible or entails disproportionate costs, in particular with regard to:
- the value that the Product would have in the absence of a lack of conformity;
- the importance of the lack of conformity and
- the possible possibility of opting for the other choice 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 relation to the value that the Product would have had in the absence of a lack of conformity and the significance of the lack of conformity. When these conditions are not met, the Customer may, after formal notice, continue the execution.
forced in kind 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 Customer'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.
As soon as the Customer chooses the repair but this is not implemented by the Seller, the compliance by replacing the Product starts, for the benefit of the Customer, a new period of legal guarantee of conformity attached to the replaced good. This provision applies from the day on which the replacement good is delivered to the Customer.

16.2.2.4. Cases of price reduction or termination of the Order or the
Pre-order
The Customer is entitled to a reduction in the price of the Product or to the resolution of the Order or Pre-order in the following cases:
- when the Seller refuses any compliance,
- when compliance occurs after a period of thirty days following the Client's request or if it causes the Client a major inconvenience,
- if the Customer definitively bears the costs of recovery or removal of the non-compliant Product, or if it bears the installation of the repaired or replacement Product or the costs relating thereto,
- 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 reduction in the price of the Product or to the resolution of the Order or Pre-order when the lack of conformity is so serious that it justifies that the reduction in the price or the resolution of the Order or Pre-order be immediate. The Customer is then not required to request the repair or replacement of the good beforehand.
The Customer is not entitled to rescission of the sale if the lack of conformity is minor, which it is the responsibility of the Seller to demonstrate.
It is the Customer's responsibility to inform the Seller of his decision to obtain a reduction in the price of the Product.
The price reduction is proportional to the difference between the value of the Product delivered and the value of this Product in the absence of the lack of conformity.
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It is also the Customer's responsibility to inform the Seller of his decision to cancel the Order or Pre-order. He returns the Products to the Seller at the latter's expense. The Seller reimburses the Customer for the price paid and returns any other benefit received under the Order or Pre-order.
If the lack of conformity only concerns certain Products delivered under the Order or Pre-order, the Customer has the right to cancel 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 to agree to keep only the compliant Products.
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 the following fourteen days.
The Seller reimburses these amounts using the same means of payment as that used by the Customer when placing the Order or Pre-order, unless expressly agreed otherwise by the Customer and in any event without additional costs.

16.3. Legal guarantee relating to defects in the item sold

16.3.1. Scope of application
The legal guarantee relating to defects in the item 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, i.e. not apparent at the time of purchase,
- the defect renders the Product unusable or significantly reduces its use and
- the defect exists at the time of purchase.
It does not apply to apparent defects.

16.3.2. Implementation methods
The Customer may implement this guarantee within a maximum period of two years from the discovery of the defect. It cannot apply beyond five years after the purchase of the Product.
It is up to the Customer to demonstrate the existence of the defect.
It must be exercised with the Seller by registered letter with request for acknowledgment of postal receipt.
In the event of a proven defect, the Customer has the choice:
- either to return the Product and to have its price refunded as well as the costs incurred by the sale of this Product,
- either to keep the Product and have part of its price refunded.
If it is demonstrated that the Seller was aware of the defect, the latter will also be liable for all damages to the Customer.

ARTICLE 17. INTELLECTUAL PROPERTY

The Seller declares to be the holder of the intellectual property rights to the Site and its content.
He is the owner of the domain name of the Site.
No right to a trademark, trade name or any other distinctive sign, or any other intellectual property right belonging to the Seller, is granted to the Customer by the General Terms and Conditions.
Any total or partial reproduction, modification or use of the Site or its content for any reason whatsoever is strictly prohibited.
The Customer undertakes not to directly or indirectly infringe the rights of the Seller. BRUXLESS – General Terms and Conditions of June 27, 2023 12/17

ARTICLE 18. MISCELLANEOUS PROVISIONS

18.1. Entirety
The General Terms and Conditions and the Order or Pre-Order express the entire agreement of the Parties and replace any prior agreement, written or oral, explicit or implicit, between the Parties relating to the subject matter of the General Terms and Conditions. They constitute 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 T&Cs.

18.3. Force majeure
If one of the Parties is unable to perform its obligations as resulting from the General Terms and Conditions and the Order or Pre-Order due to a case of force majeure within the meaning of Article 1218 of the Civil Code, the performance of its obligations will be suspended for the period during which said circumstances persist, on condition that the prevented Party notifies the other Party within fourteen days of the existence of such an impediment and its causes. The Parties will take all useful measures to limit the effects of force majeure.
As soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume the normal execution of their contractual obligations as quickly as possible. To this end, the Party prevented from doing so will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act.
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 one Party being liable to the other.
Each Party shall bear the cost of all costs incurred by it and resulting from the occurrence of force majeure.

18.4. Waiver
The fact that a Party does not claim the application of any provision of the T&Cs or tolerates their non-performance temporarily or permanently, may not under any circumstances be interpreted as a waiver by that Party of the rights it holds under these terms.
The fact that a Party tolerates a non-performance or an imperfect performance of the GTC or more generally tolerates any act, abstention or omission of the other Party not in accordance with the provisions of the GTC cannot confer any right whatsoever on the Party which benefits from such tolerance.

ARTICLE 19. COMPLAINTS – MEDIATION – DISPUTE

19.1. Applicable law
The General Terms and Conditions are governed exclusively by French law. They are written entirely in French, the only language that is authentic in relations between the Parties and in the event of a dispute.

19.2. Complaints
The Customer may send any complaint concerning the application of the General Terms and Conditions to the Seller by email or post to the address given in ARTICLE 1 “Seller” of these General Terms and Conditions.
The Seller will respond within a maximum period of thirty calendar days. In the absence of a response within this period, the claim must be considered rejected.

19.3. Mediation
In the event of a dispute and prior to referral to any court, the Customer may have recourse to the consumer mediator under the conditions provided for in Title I of Book VI of the French Consumer Code.

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