GTC
Bruxless General Conditions of Sale
Version of June 27, 2023ARTICLE 1. DEFINITIONS
“CGV” designates these General Conditions of Sale.
“Customer” means any consumer within the meaning of the French Consumer Code, of legal age, resident in
the Territory, which wishes to acquire and which acquires Products through the Site.
“Order” means any request for the purchase of 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” 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 on https://www.bruxless.com/ on which the Customer
may acquire Products.
“Territory” means mainland France and all the member states of the European Union
excluding outermost regions.
“Seller” means BRUXLESS, a simplified joint stock company with capital of €287,500, whose head office
is located 5, rue Fabrot 13100 AIX-EN-PROVENCE, FRANCE, registered in the Trade and Commerce Register
companies of Aix-en-Provence under number 894 562 826, represented by its President the company KARA,
limited liability company, with capital of 122,000 euros, whose head office is located at Résidence
Beausoleil, building. A, 185, avenue Henri Mauriat in AIX-EN-PROVENCE (13100), FRANCE, registered in
Trade and companies register of Aix-en-Provence under number 890 441 215, represented by its
Manager, Mr Romain BENSUSSAN, whose intra-community VAT number is FR63894562826,
whose activity is the operation of a technical and electronic design office, the design,
production, sale of electrical and electronic products, sale of software and programming,
design of technical parts, as well as quality and technical services, including email
is contact@bruxless.com and the telephone number is +33 (0) 4 42 99 85 72.
ARTICLE 2. PURPOSE
The purpose of the General Conditions of Sale is to define the rights and obligations of the Parties within the framework of the Order and the
Pre-order by the Customer of Products sold by the Seller via the Site.
ARTICLE 3. SCOPE OF APPLICATION
The General Terms and Conditions apply exclusively to any Order or Pre-Order placed through theSite, Products, by the Seller to the Customer, delivered or supplied in the Territory. The General Terms and Conditions 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 enforceable.
The Seller reserves the right to modify the General Terms and Conditions at any time by publishing a new version.
on the site. The version of the General Terms and Conditions applicable between the Parties for an Order or Pre-Order
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determined is that in force on the date of its acceptance by the Customer for this Order or
Pre-order. The different versions of the General Terms and Conditions are available at the following address: xwxxxx.com/xxx
ARTICLE 4. TERRITORY
Orders and Pre-orders can only be concluded between the Seller and a Customer residing on the
Territory. They can only be delivered within 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 Conditions of Sale enter 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 can create a Customer Account or log in if they already have one. Creating an Account
customer is not required 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 him to confirm the creation of his Customer Account. By clicking on the link
indicated in said email, the Customer Account will be created.
The Customer may modify his personal information at any time by connecting to his Account
customer.
The email and password attached to the Customer Account are strictly personal and confidential. All
Order or Pre-order made through the Customer Account will be deemed to have been placed
by the Customer concerned and will bind him to the Seller. It is up to the Customer to immediately inform
in writing to the Seller of any unauthorized use of which he is aware of his email and password.
passwords attached to their customer account.
The information given by the Customer must be accurate, complete and up-to-date.
ARTICLE 7. PRE-ORDER
When a Product is identified as being on “Pre-Order”, the specific conditions below
stated apply.
The Pre-Order allows the Customer to reserve, in return for payment of part of their price, a
Product not yet available, availability uncertain and not guaranteed and whose availability date
approximate and indicative information appears on the Product page. The Seller cannot be held liable
in the event of delay or unavailability of the final Product.
When the Product is available for sale, the Seller will inform the Customer by email so that he can confirm
or cancels the purchase of the pre-ordered Product. The Customer will have 14 days to confirm or
cancel this purchase. The absence of a response from the Customer within the allotted time will result in cancellation of the purchase.
In the event of confirmation of the purchase of the pre-ordered Product, the Customer will be required to pay the balance of the price of the
Product, namely the total price of the Product indicated during the Pre-Order from which the amount paid will be deducted
by the Customer during the Pre-Order.
If the Customer cancels the purchase of the pre-ordered Product once it is available, the Seller will refund the
Customer of the amount paid during the Pre-Order no later than fourteen days from the date
which he is informed of the Client's decision.
The Seller makes this reimbursement using the same means of payment as that used by the
Client for the initial transaction, unless expressly agreed by the Client to use another means of payment
and to the extent that the reimbursement does not incur costs for the Customer.
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If the pre-ordered Product is still not available within two years from the date of
Customer pre-order, the Seller will ask the Customer if they wish to extend their reservation for one year
additional or if he wishes to be reimbursed for the amount of his Pre-Order. In the absence of a response from
Customer, his Pre-Order will be canceled and he will be refunded the amount paid for it. In case of
reimbursement, the aforementioned reimbursement deadlines and conditions will be applied.
If the Pre-Order cannot be honored by the Seller, the Customer will be fully refunded
amount of their Pre-Order within the aforementioned deadlines and conditions.
ARTICLE 8. ORDER AND PRE-ORDER 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 must contact the
Seller by email.
He can, prior to his Order or Pre-Order, read the price and the
essential characteristics of the Product he wishes to acquire.
8.2. Virtual shopping cart
Once the Product(s) have been selected, the Customer must go to their virtual basket to check the
content of their Order or Pre-Order. He can add or remove Products at any time.
They must then click on “Order” or “Pre-order” to validate their 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) they wish to order or pre-order.
8.3. Order Summary
The Customer must either connect to their Customer Account or create one in accordance with ARTICLE 6 of the General Terms and Conditions,
or enter your email address.
If he does not have a Customer Account, the Customer must provide his date of birth.
The Customer must then provide the following information relating to the delivery of their Order or
Pre-order: name, first name, country of delivery, 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 proceed to the next step.
8.4. Delivery method
At this stage, the customer can still modify the contact email and delivery address.
Only one delivery method is offered to the Customer, “Standard” delivery under the conditions of the ARTICLE
13 of the General Conditions of Sale.
The Customer must then click on “Continue to payment” to proceed to the next step.
8.5. Choice of payment method and verification of the Order or
Pre-order
The Customer then chooses the method of payment 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, delivery costs included,
will be displayed. The Customer may modify his delivery and/or billing address. If he wishes to modify
his basket, he will have to return to the previous step. In the event of modification, the Order summary or
of the Pre-Order will be updated.
The Customer may choose to save their payment data for their next Orders or
Pre-orders. This service is offered by the company Shopify, the conditions of use and the policy of
confidentiality thereof apply exclusively to this service.
8.6. Verifying the Order or Pre-Order
A summary of the Order or Pre-order and its total amount, delivery costs included,
will be displayed. The Customer may modify his delivery and/or billing address and his method of delivery.
payment. In the event of a modification, the Order summary will be updated.
8.7. Acceptance of the General Terms and Conditions
Before confirming his Order or Pre-Order and making payment, the Customer must take
acknowledge 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 according to the payment method
selected.
8.9. Confirmation of 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 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 General Terms and Conditions.
8.10. Rejection of Order or Pre-Order
The Seller may partially or totally reject the Customer's Order or Pre-Order in the event of
legitimate reason, in particular:
- abnormal Order or Pre-order of Products, in particular the Order or
Pre-ordering a quantity greater than the authorized maximum of Products,
- unavailability of the Product or out of stock of the Product,
- inappropriate behavior of the Client and/or his 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 an Order or Pre-Order
anterior.
In any event, if the Seller rejects the Customer's Order or Pre-Order, he will inform him 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 were created or modified, these will be reflected in the sale price of the Products.
The price applicable to the Customer and 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 (€).
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It is due immediately upon validation of the Order or Pre-order by the Customer.
Payment for the Order or Pre-order can only be made by credit card at
means of the secure payment protocol “3-D Secure” which ensures the confidentiality and security of
data transmitted.
Only Visa, MasterCard, American Express and CB bank cards are accepted. The price of the
Order or Pre-order is immediately debited after verification and validation of payment.
Pursuant to Article L. 132-2 of the Monetary and Financial Code, the order or commitment to pay given
by means of a bank card is irrevocable. By communicating information relating to the card
bank for payment of the Order or Pre-order, the Customer authorizes the Seller to debit
this card for the amount corresponding to the price of their Order or Pre-Order. To this end, the Customer
confirms that he is authorized to use this bank card. If it is impossible to debit the
card, the Order or Pre-Order will be immediately canceled.
The Seller offers the Customer to pay their Order or the balance of their Pre-Order when the Product is
available in four installments via its payment partner ALMA.
To benefit from it, the Customer must select ALMA payment during the payment stage of the Order
or the balance of the Pre-Order and complete the form provided. The specific conditions applicable to these
financing terms will be displayed and the Customer must accept them to benefit from this financing.
ARTICLE 11. AVAILABILITY OF PRODUCTS
The Seller undertakes to honor the Order within the limits of available stocks of the Products. In case
unavailability of the Products, the Seller undertakes to inform the Customer of the foreseeable delivery times of
these Products within a maximum period of fourteen days from acceptance of the Order by the
Seller. The Customer will then have the choice between a deferred shipment of the unavailable Product(s) or the
reimbursement of these.
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 at
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
T&Cs.
For any Order or Pre-Order for which the amount is greater than €120, the Seller ensures the
retention of the aforementioned information 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 at its discretion.
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 complete
payment of their price by the Customer. The transfer of risks linked to the Products takes place upon receipt of the product(s).
Products Ordered or Pre-Ordered by the Customer.
ARTICLE 14. DELIVERY
14.1. Delivery methods
Delivery of Order or Pre-Order Products 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. Shipping cost
Delivery costs depend on the total amount of the Order or Pre-order and the method of delivery.
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
Delivery times for Products are those indicated during the Order or Pre-Order. They
count in working days (Saturday, Sunday and public holidays excluded). Delivery times start at
run from the Seller's confirmation of the Order and acceptance of payment.
As part of a Pre-Order, delivery times begin to run after acceptance by the
Seller full payment for the pre-ordered Product once the pre-ordered Product is available.
14.4. Late delivery
In the event of late delivery of Products ordered or pre-ordered, the Customer may either notify the
Seller the suspension of payment of all or part of the price until the Seller executes, within
conditions of articles 1219 and 1220 of the civil code, or cancel your Order or Pre-Order if, after
have given formal notice to 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 canceled upon receipt by the Seller of the letter
or writing informing him of this cancellation, unless the Seller has complied in the meantime.
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 perform
its obligation to deliver the Order or Pre-Order on the date or at the end of the deadline
agreed and that this date or this deadline constitutes for the Customer an essential condition of his Order or
of its Pre-Order. This essential condition results from the circumstances surrounding the conclusion of the
Order or Pre-Order or 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 this
Pre-order no later than fourteen days following the date on which the Seller received the letter or
writing 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 as well.
than the Products found there. It is up to him to notify the carrier of the reservations that he considers
necessary. He may also refuse the package if it is obviously damaged upon receipt.
In the event of notification of reservations to the carrier, the Customer must send a copy of this notification
to the salesman.
A written document is left with the Customer upon receipt of the Order or Pre-Order,
mentioning the possibility for the Customer to express reservations, particularly in the event of a Product defect
or failure to provide the user manual or installation instructions.
The Seller cannot be held responsible for the defect 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 benefits
a right of withdrawal which he may exercise within the period and according to 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 him, other than the carrier.
This period begins to run at the start 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
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 relating to several Products delivered separately or
in the case of an Order or Pre-Order of a Product made up of lots or multiple pieces
delivery of which is spread over a defined period, the period runs from the day following receipt
of the last Product or batch or of the last piece.
For Orders providing for the regular delivery of Products during a defined period, the period runs
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 Conditions of Sale, of the withdrawal form available in ANNEX
I or any other declaration, unambiguous, expressing its desire to retract.
The Customer does not have to justify his decision to exercise his right of withdrawal.
The Customer must then return or return the Products to the Seller within fourteen days at the latest.
following the communication of its decision to withdraw, unless the Seller offers to recover
himself these Products.
15.3. Direct referral 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 reimburses him for the full amount.
paid at the latest within 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 recovery of the Products or until the Customer has provided a
proof of the shipment of these Products, the date retained being that of the first of these events.
The Seller makes this reimbursement using the same means of payment as that used by the
Client for the initial transaction, unless expressly agreed by the Client to use another means of payment
and to the extent that the reimbursement does not incur 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 does not have to 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 according 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. Guarantees concerned
The Customer benefits from the legal guarantee of conformity provided for in articles L. 217-3 to L. 217-20 of the Code of
French consumer protection as well as the legal guarantee relating to defects in the item sold (defects
hidden) provided for in articles 1641 to 1649 of the French Civil Code for Products whose Order or
Pre-order will have been accepted by the Seller and delivered to him.
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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 of taking possession of the Products.
the Order or Pre-order by the Customer and which appear within two years from
of it.
The Seller also responds, during the same deadlines, for defects in conformity resulting from the packaging,
assembly instructions, or installation when this has been his responsibility or has been carried out
under his responsibility, or when the incorrect installation, carried out by the Customer as planned 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
of the limitation period for the Customer's action is the day the latter becomes aware of the lack of conformity.
16.2.1.2. Compliance of the Product with the Order or Pre-Order
The Product complies with the Order or Pre-Order if it responds in particular, where applicable, to the
following criteria:
- it corresponds to the description, type, quantity and quality, in particular with regard to the
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 most
late at the time of conclusion of the Order or Pre-order and the latter has
accepted,
- it is delivered with all accessories and installation instructions, which must be supplied
in accordance with 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 suitable for the use usually expected of a good of the same type, taking into account, where applicable,
any provision of European Union law and national law as well as all standards
technical standards or, in the absence of such technical standards, specific codes of conduct
applicable to the sector concerned,
- if applicable, it has 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
which is available at the time of the Order or Pre-Order, unless the parties in question
agree otherwise,
- where applicable, it is delivered with all accessories, including packaging, and instructions
installation 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 quantity, quality and other characteristics, including in terms of
durability, functionality, compatibility and security, which the Customer can legitimately expect
for goods of the same type, having regard to the nature of the property as well as public declarations 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 on labeling.
However, the Seller is not bound by any of the aforementioned public declarations if he 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, public declarations
had been rectified under conditions comparable to the initial declarations
- or that the public statements could not have had any influence on the purchasing 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, deviation to which he expressly and separately consented during the conclusion
of the order.
16.2.1.3. Compliance of the Product with 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 failure on his part to fulfill his obligations under the regulations
(EU) 2016/679 of April 27, 2016 and Law No. 78-17 of January 6, 1978 relating to computing, files
and freedoms, since this failure results in non-compliance with one or more criteria of
aforementioned compliance, is assimilated to a lack of conformity, without prejudice to the other remedies provided for by the
aforementioned legal texts.
16.2.1.4. Presumption of appearance of defects in conformity upon delivery
Lack of conformity which appears within a period of twenty-four months from the issuance of the
Product, including Product containing digital elements, are, unless proven otherwise, presumed
exist at the time of delivery, unless this presumption is incompatible with the nature of the
Product or alleged defect.
16.2.2. Implementation modalities
16.2.2.1. Principle
In the event of a lack of conformity, the Customer has the right to bring the Product into conformity by repair or
replacement or, failing that, the reduction of the price or the cancellation of the Order or the
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 advantage 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 award of damages.
16.2.2.2. Right to compliance
The Customer has the right to demand that the Product conforms to the conformity criteria set out in article
15.2.1.2 of the General Conditions of Sale.
The Customer requests from the Seller the compliance of the Product, choosing between repair and
replacing. To this end, the Customer places the goods at the disposal of the Seller.
The compliance of the Product takes place within a reasonable period which cannot be more than thirty days
following the Customer's request and without major inconvenience for him, taking into account the nature of the Product and
of the use sought by the Customer.
The repair or replacement of the non-compliant Product includes, where applicable, the removal and resumption of
this Product and the installation of the repaired Product or replacement good by the Seller. If this kidnapping
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 the
regarding its value. If the Seller makes the Customer bear the shipping costs for compliance purposes,
the Seller is required to reimburse them within fourteen days at the latest from the day on which the
Customer is informed of the coverage of the Product under the legal guarantee
The compliance of the Product takes place at no cost to the Customer.
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The Customer is not required to pay for the normal use he made 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 compliance of the Product if this is impossible or involves costs.
disproportionate in particular with regard to the value that the Product would have in the absence of a lack of conformity
and the importance of the lack of conformity
When these conditions are not respected, the Client may, after formal notice, continue the execution
forced in kind of the solution initially requested, in accordance with articles 1221 and following of the code
civil.
Any refusal by the Seller to proceed according to the Customer's choice or to bring the goods into compliance, is justified
in writing or on a durable medium.
16.2.2.3. Extension of the legal warranty after repair or replacement
Any Product repaired within the framework of the legal guarantee of conformity benefits from an extension of this
six month warranty.
As soon as the Customer chooses repair but this is not implemented by the Seller,
compliance by replacing the Product causes, 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. Case of price reduction or cancellation of the Order or
Pre-order
The Customer is entitled to a reduction in the price of the Product or to the cancellation of the Order or the
Pre-order in the following cases:
- when the Seller refuses any compliance,
- when compliance occurs beyond a period of thirty days following the request from the
Customer or if it causes him a major inconvenience,
- if the Customer definitively bears the costs of taking back or removing the non-compliant Product, or
if it bears the installation of the repaired or replacement Product or the related costs,
- when the non-conformity of the Product persists despite the attempt to bring the Product into conformity
seller remained unsuccessful.
The Customer is also entitled to a reduction in the price of the Product or to the cancellation of the Order or the
Pre-order when the lack of conformity is so serious that it justifies the reduction of the price or the
resolution of the Order or Pre-order is immediate. The Customer is then not required to
request repair or replacement of the item in advance.
The Customer is not entitled to cancel the sale if the lack of conformity is minor, which is the responsibility of the
Seller to demonstrate.
It is up to the Customer 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 a lack of conformity.
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It is also up to the Customer to inform the Seller of his decision to cancel the Order or the
Pre-order. He returns the Products to the Seller at the latter's expense. The Seller reimburses the Customer for
price paid and returns any other benefits received under the Order or Pre-Order.
If the lack of conformity only concerns certain Products delivered under the Order or the
Pre-order, the Customer has the right to cancel the Order or Pre-order for the whole
Products, even those not covered by the legal guarantee of conformity, if it cannot reasonably be
expect him to agree to keep only the compliant Products.
The reimbursement to the Customer of the sums owed by the Seller is made upon receipt of the Product or the
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.
during the Order or Pre-Order, unless expressly agreed by the Customer and in any event without
Additional fees.
16.3. Legal guarantee relating to defects in the item sold
16.3.1. Scope
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, that is to say 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 modalities
The Customer can implement this guarantee within a maximum period of two years from the date of
discovery of the defect. It cannot be used beyond five years after 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 have its price refunded as well as the costs incurred by the sale
of this Product,
- or to keep the Product and have part of its price returned.
If it is demonstrated that the Seller knew of the defect, he will also be liable for all damages
and interests towards the Client.
ARTICLE 17. INTELLECTUAL PROPERTY
The Seller declares to be the owner of the intellectual property rights on the Site and its content.
He is the holder of the domain name of the Site.
No right to a trademark, a trade name or any other distinctive sign, or any other right of
intellectual property belonging to the Seller, is conferred on 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 Seller's rights.
BRUXLESS – General Terms and Conditions of June 27, 2023 12/17
ARTICLE 18. MISCELLANEOUS STIPULATIONS
18.1. Entirety
The General Terms and Conditions and the Order or Pre-Order express the entire agreement of the Parties and replace
to 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 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 void relate to an essential clause of the General Terms and Conditions.
18.3. Force majeure
If one of the Parties finds it impossible to perform its obligations as resulting from the General Conditions of Sale and
of the Order or Pre-order due to a case of force majeure within the meaning of article 1218 of the
Civil Code, the execution of its obligations will be suspended during the period during which said
circumstances will persist, provided that the prevented Party notifies within fourteen days
the other Party the existence of such an impediment as well as its causes. The Parties will take all measures
useful to limit the effects of force majeure.
As soon as the cause for the suspension of their reciprocal obligations disappears, the Parties will make all their
efforts to resume the normal performance of their contractual obligations as quickly as possible. HAS
For this purpose, the prevented Party will notify the other of the resumption of its obligation by registered letter with
request for acknowledgment 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 resolved at the request of the most diligent Party without the liability of a Party
can be committed to the other.
Each of the Parties bears the burden of all costs incumbent on it and which result from the occurrence
of force majeure.
18.4. Waiver
The fact of a Party not claiming the application of any provision of the General Conditions of Sale or of
tolerate non-performance temporarily or permanently, can in no case be interpreted as a
waiver by this Party to exercise the rights it holds hereunder.
The fact of a Party tolerating non-execution or imperfect execution of the General Conditions of Sale or more generally
to tolerate any act, abstention or omission of the other Party not in compliance with the provisions of the General Conditions of Sale
cannot confer any right whatsoever on the Party which benefits from such tolerance.
ARTICLE 19. COMPLAINTS – MEDIATION – DISPUTE
19.1. Applicable right
The General Conditions of Sale are governed exclusively by French law. They are entirely written in the language
French, the only authentic language in relations between the Parties and in the event of a dispute.
19.2. Claims
The Customer may send to the Seller any complaints 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. In the absence of a response in this
deadline, the complaint must be considered rejected.
19.3. Mediation
In the event of a dispute and prior to referral to any jurisdiction, the Client may have recourse to the mediator
of consumption under the conditions provided for in Title I of Book VI of the Consumer Code
French.
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