Terms and Conditions of Sale and Use
These General Terms and Conditions of Sale are concluded between LA BONNE BROSSE, SAS with a capital of €5000, registered in the Paris Trade and Companies Register under number 897 753 687, with its head office at 15 rue Saint Simon, Paris (hereinafter referred to as "LA BONNE BROSSE"), and any person who has made a purchase on the website www.labonnebrosse.com, hereinafter referred to as "the Customer". Any purchase on the website www.labonnebrosse.com (hereinafter the "Site") automatically entails acceptance of all of these conditions.
ARTICLE 1 - DEFINITIONS
Customer: refers to any user who purchases a Product through the Site and/or who has a personal account on the Site.
Order: shall designate the process whereby the Client selects the Products he/she wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he/she wishes to have delivered, as well as the delivery options and when he/she has paid the outstanding amount. Once the Sales Order has been finalized, LA BONNE BROSSE will ship the Product(s) ordered according to the Terms and Conditions set out herein.
Contract: means the present Terms and Conditions and any special conditions applicable to certain promotional offers. Consequently, the Client waives the right to invoke any contradictory documents that may be opposed to the Contract and which may consequently be unenforceable against LA BONNE BROSSE.
Personal details: refers to all personal information relating to the Customer and entered by the latter when placing an Order.
Parties: refers to LA BONNE BROSSE and the Users of the Site.
Products: refers to all products available for sale on the Site.
User: refers to any natural or legal person accessing the Site, whether or not they are a Client.
ARTICLE 2 - PURPOSE OF THE GTC AND CURRENT VERSION
2.1. The purpose of the General Terms and Conditions of Sale is to define the terms and conditions according to which Users may access the Site, place Orders and manage the relationship between LA BONNE BROSSE and its Users, including all associated rights and obligations.
2.2. They apply to relations between Users and between Users and LA BONNE BROSSE. All Users agree to respect, without restriction or reservation, these GTC, whether they visit the Site or place an Order. The GTC are notified to Users for acceptance prior to any Order being placed on the Site.
2.3. LA BONNE BROSSE is free to modify these Terms and Conditions of Sale at any time and without prior notice, particularly in order to take into account any legal, jurisprudential and/or technical developments. LA BONNE BROSSE will inform the User by any means, who must accept the new GTC.
In any case, the fact that the User continues to use the Site after being informed of the modification of the GTC implies acceptance of the modifications to the latter by the User.
The successive versions of the GTC will be accessible on the Site.
2.4. The version of the GTC that prevails is the latest version available on the Site.
2.5. The version applicable to an Order is the one in force at the time the Order is placed.
Each new Order requires the acceptance of the GTC by the Customer, which the latter acknowledges and accepts.
If Users do not accept the GTC or any subsequent amendments thereto, they must refrain from using the Site.
2.6. The User declares that he/she has obtained from LA BONNE BROSSE, prior to placing an Order, all the information concerning the Products and delivery methods. The User declares that he/she is solely responsible for the choice of Products and their suitability for his/her needs.
2.7. The User must be a duly represented legal entity or a natural person of legal age who has the legal capacity to place an Order on the Site. Otherwise, he/she must have the authorization of his/her legal representative to place an Order, which he/she expressly acknowledges and accepts.
ARTICLE 3: PRICES
All prices presented on the Site are in euros and include all taxes. LA BONNE BROSSE reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of the Order.
ARTICLE 4: PRESENTATION OF THE ITEMS
The User is hereby informed that photographs of the Products appear on the Site, which he/she may consult freely.
LA BONNE BROSSE guarantees that these photographs have been taken under standard conditions for the sector in question, with the Products themselves.
LA BONNE BROSSE makes every effort to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (in particular the color of the Products). Nevertheless, LA BONNE BROSSE cannot guarantee that the Products will be exactly the same as the photographs, in particular due to the technical constraints of making photographs available on the Site.
Furthermore, LA BONNE BROSSE makes every effort to present and describe its Products as accurately as possible. Nevertheless, subject to providing a faithful presentation of the essential qualities of its Products, LA BONNE BROSSE cannot guarantee the exhaustive communication of all the characteristics of each Product. Users who wish to receive further information about a Product are invited to contact Customer Services at the following address: firstname.lastname@example.org
. The User declares that he/she is fully aware of the provisions of this article and expressly accepts that LA BONNE BROSSE cannot be held liable in this respect, subject to the application of mandatory legal provisions (notably the guarantee of conformity).
ARTICLE 5: ORDERING
The User can browse the Site without any obligation to purchase.
To place an Order, the Customer selects the Products of his/her choice on the Site and adds them to his/her virtual shopping cart.
The creation of a personal account on the Site is not required to place an Order. However, certain personal details are required in order for LA BONNE BROSSE to successfully complete the Sales Order.
Customers are required to supply complete, accurate and up-to-date information about themselves. LA BONNE BROSSE shall not be held liable in this respect. The Client is hereby informed that some of the information required to process the Sales Order is mandatory and the Client expressly acknowledges this fact.
The Product description is available to the Client on the Site, which the Client hereby accepts and acknowledges.
Once the Sales Order has been finalized, LA BONNE BROSSE will send an e-mail to the Client at the address indicated when the Sales Order was placed.
The Order is validated once the payment has been made in full and received by LA BONNE BROSSE.
LA BONNE BROSSE will send an invoice to the Customer by email to the address indicated when the Order was placed. The Customer is advised to save or print the invoice and keep it.
LA BONNE BROSSE will honor validated Sales Orders within the limits of available stock.
In the event that one or more Products are unavailable when the Sales Order is placed, the Customer will be informed by e-mail.
The Customer will have the choice to either be reimbursed the amount corresponding to the unavailable Product(s), or to have the Product(s) delivered when said Product(s) will be back in stock (unless said Product(s) is (are) permanently removed from the catalog).
In any event, LA BONNE BROSSE shall not be held responsible for any loss suffered by the Customer, nor shall it be liable for any damages.
LA BONNE BROSSE may at any time modify the range of products offered for sale on the Site, without prejudice to the Orders placed by the Customer.
ARTICLE 6: DELIVERY
Delivery costs are indicated on the Site, including all applicable taxes, during the Sales Order process and must be accepted by the Client when the Sales Order is confirmed.
They will appear on a specific line separate from the one indicating the price of the Products.
It is expressly stated that delivery charges may vary according to the territory in which the Products are shipped, which the Client acknowledges and expressly accepts.
Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
In application of article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the time limits specified during the Order process and before the validation of said Order. The delivery times are also mentioned in the Order confirmation e-mail sent to the Customer.
Delivery times include the preparation and dispatch of the Order, as well as the time required to deliver the Products to the delivery address (the Customer's postal address or a delivery point).
If the Site does not specify a delivery time for the Products, LA BONNE BROSSE undertakes to deliver them within a maximum of 30 (thirty) days from the date the Sales Order is confirmed by e-mail sent to the Client by LA BONNE BROSSE. In this case, the Products concerned will be delivered within the time limit indicated on the Site and reminded at the time of the Order.
However, as LA BONNE BROSSE uses external service providers (carriers, postal services, etc.) to transport the Products, LA BONNE BROSSE is totally dependent on these third-party service providers. The delivery times indicated on the Site may therefore be affected by the service providers without LA BONNE BROSSE being responsible for these delays in delivery and the consequences that may result from them.
When the delivery is made against a signature, this is proof of the proper receipt of the package. The transfer of risks and responsibility for the Products is carried out upon receipt of the Products by the Customer. As of this date, the Customer shall be solely and exclusively responsible for them, as well as for their use and any consequences that may arise from them. Consequently, the Customer undertakes to verify, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. If this is not the case, the Customer shall refuse to accept the Order and to sign any supporting documents. Any Order received by the Customer against signature shall be deemed to be in conformity, complete and in perfect condition at the time of delivery.
ARTICLE 7: PAYMENT
The Customer pays on the www.labonnebrosse.com website by credit card from the Visa, Mastercard, Maestro and American Express networks via the STRIPE secure payment platform.
Payment methods are specific to the STRIPE payment platform and are independent of LA BONNE BROSSE, which has no involvement whatsoever in the use of this service. All terms and conditions relating to payment via the STRIPE payment solution are governed by the General Terms and Conditions of Use of this service, which can be accessed at https://stripe.com, and which apply concurrently with these GTC. LA BONNE BROSSE does not keep any of the Customer's bank details, subject to the provisions below. LA BONNE BROSSE cannot be held responsible for any malfunctioning of the STRIPE payment platform.
ARTICLE 8: CANCELLATION
In accordance with articles L.221-5 and following of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any incomplete or damaged product will not be accepted), and request a refund without penalty.
In particular, LA BONNE BROSSE will not reimburse cosmetic products whose lid has been removed.
The Customer must therefore place the intact packaging containing the product in a suitable package on which the return label will be affixed, before sending it by post. The Customer must also enclose a copy of the invoice or any other element that identifies the Order in question and its owner.
The return of the Product shall be at the Customer's risk. If the package is lost, stolen or damaged when the Product is returned, LA BONNE BROSSE reserves the right to refuse reimbursement for the returned Product(s).
Only the Customer identified as such to LA BONNE BROSSE may exercise this right, to the exclusion of any other person, and in particular the person to whom the delivery was made. The return address is:
LA BONNE BROSSE at SYMPL.
SAS DAT Sympl.
Zone industrielle de Moimont
1 rue Jean Jaurès
ARTICLE 9: PERSONAL DATA
9.1. Personal data is collected by LA BONNE BROSSE when an Order is placed or when a personal account is created by the Customer. The creation of a personal account is not compulsory in order to place an Order on the Site, as the Customer may place an Order as a "guest".
When placing an Order, certain personal data must be provided by the Client and collected by LA BONNE BROSSE. This information includes the Customer's full name, e-mail address, postal address and telephone number. The same personal data is required for the creation of a personal account.
This personal data is automatically processed for the purposes of managing the Sales Order and LA BONNE BROSSE's customer database, as well as for sales prospecting and statistical purposes.
This information may be transmitted to LA BONNE BROSSE's commercial partners that assist in delivering the Products and making payments, for this sole purpose, which the Client expressly acknowledges and accepts.
In addition, as part of the online payment services used by LA BONNE BROSSE, these services collect some personal data belonging to Customers on behalf of LA BONNE BROSSE.
This data is kept for the period necessary for the purposes for which it is collected and processed, i.e. for the completion of the Order placed by the Customer, unless:
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised one of his or her rights under the conditions set out below.
Furthermore, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from LA BONNE BROSSE under the conditions described below.
Subject to the Customer's express acceptance by ticking boxes, the Customer's email address may also be used by LA BONNE BROSSE for the purposes of registering and sending a newsletter and/or sending promotional offers.
If the Customer no longer wishes to receive newsletters and/or promotional offers, he/she can change his/her choice by contacting LA BONNE BROSSE under the conditions mentioned below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to LA BONNE BROSSE employees who are authorized to process it by virtue of their duties. The information collected may be communicated to third parties linked to LA BONNE BROSSE by contract for the execution of sub-contracted tasks necessary for the management of the Order, without the Customer's authorization. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and are contractually obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, LA BONNE BROSSE undertakes not to sell, rent, transfer or give access to third parties to data without the prior consent of the Customer, unless forced to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense, etc.).
In accordance with the applicable legal and regulatory provisions, in particular Act No. 78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms, and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right to access, rectification, portability and deletion of his or her data or to limit the processing. He may also, for legitimate reasons, object to the processing of data concerning him.
The User may thus demand that personal data concerning him/her that are inaccurate, incomplete, ambiguous or outdated be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his or her consent to the collection and processing of his or her personal data, subject to the legal obligations of LA BONNE BROSSE. The User may also, under the right to the portability of their personal data, recover their personal data for their own use, or request that it be transferred to a third party, if this is technically feasible. Each User may also object, on legitimate grounds, to the processing of his or her data, and request the limitation of the processing of the data.
To exercise these rights, the User must send a request to the following postal address: LA BONNE BROSSE, 15 rue Saint Simon 75007 Paris, or by e-mail to email@example.com indicating his or her first and last names. LA BONNE BROSSE may ask the User to prove his/her identity by enclosing any necessary document, in particular a copy of his/her identity card or passport.
LA BONNE BROSSE will use the means at its disposal to process requests relating to Users' personal data.
In the event of a security breach on the Site or the loss of personal data relating to Users, LA BONNE BROSSE will inform them by email in accordance with the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security.
Users also have a right to complain, which they can exercise with the national supervisory authority, the CNIL.
For more information about their rights, Users can click on the following link: https://www.cnil.fr/fr/comprendre-vos-droits.
The cookies installed by LA BONNE BROSSE are deleted from the Customer's computer terminal after a period of 13 months.
The User may oppose their installation and/or delete them by following the procedure indicated on their browser.
In this respect, LA BONNE BROSSE obtains the express consent of Users to the use of these cookies and uses them in accordance with legal provisions, including the General Regulation on the Protection of Personal Data.
LA BONNE BROSSE only uses these cookies to establish connection statistics and the browsing history of Users.
ARTICLE 10: PURCHASE VOUCHERS / VOUCHERS
Purchase vouchers sent by LA BONNE BROSSE can be used for 1 year on all the products offered on the Site. The vouchers cannot be combined with each other or with promotional codes.
ARTICLE 11: PROMOTIONAL CODES
Promotional codes apply only to the basic non-rebate prices. Promotional codes cannot be combined with each other or with vouchers. Promotional codes can be used once per customer account unless otherwise instructed by LA BONNE BROSSE. These codes are not refundable in the event of an exchange.
ARTICLE 12: INTELLECTUAL PROPERTY
Without this list being exhaustive, the "LA BONNE BROSSE" models as well as its derivatives and variations, the logos, graphic charter, layout, information, presentation and content of the Site, are the exclusive property of LA BONNE BROSSE. The systems, software, structures, infrastructures, databases and content of all kinds (texts, images, visuals, music, logos, brands, databases, etc.) relating to the Site are also protected by all intellectual property rights or database producers' rights in force, of which LA BONNE BROSSE is the sole owner or holder of the rights. Any disassembly, decompilation, decryption, extraction, reuse, copying and more generally, any act of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of LA BONNE BROSSE is strictly forbidden and may be subject to legal action.
Any reproduction or representation, in whole or in part, of the Site or its component parts, such as brands, logos, graphic design, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
Browsing the Site does not imply any transfer of intellectual property rights to the User. LA BONNE BROSSE grants the User the right to access and consult the Site only, under the terms and conditions set out in these GTC.
ARTICLE 13: LIMITATION OF LIABILITY
13.1 LA BONNE BROSSE declines all responsibility for any damage of any kind resulting from the use of the Site or the Ordering of Products, including but not limited to damage to the reputation and image of the Customer, or loss of data that may occur as a result of using the Site.
Should LA BONNE BROSSE be held liable for any loss or damage incurred by the Client as a result of the use of the Site, such liability shall be limited to the amount of the Sales Order paid by the Client to LA BONNE BROSSE.
13.2. The User acknowledges that use of the Site is at his/her own risk. The Site is provided "as is" and is accessible without any guarantee of availability or regularity.
LA BONNE BROSSE will do its best to make the Site accessible 24 hours a day, seven days a week, except in the event of force majeure or an event beyond the control of LA BONNE BROSSE and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the network or acts of malicious intent or any damage to LA BONNE BROSSE's hardware or software.
13.3. LA BONNE BROSSE may not be held responsible for any interruption of all or part of the Site, whatever the cause, duration or frequency of the interruption.
13.4. The Site is equipped with the technology necessary to access and use it, but the presence of any viruses or other harmful elements, introduced by any means or by any third party, which may cause alterations to the User's computer systems cannot be ruled out.
LA BONNE BROSSE offers no explicit or implicit guarantee as to the functioning of the Site, in particular any technical problems that may arise.
LA BONNE BROSSE reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Website, the services or content offered, as well as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently.
13.5. LA BONNE BROSSE shall not be held liable for the obligations of these GTC if the non-performance of its obligations is attributable to the act of a third party, even if foreseeable, to the fault of the Customer, or to the occurrence of an event of force majeure as defined by the French courts and Article 1218 of the Civil Code, or to any other event that was not reasonably under the exclusive control of LA BONNE BROSSE.
It is agreed that in the event that LA BONNE BROSSE's liability is called into question, regardless of the basis and/or nature of the action, only direct and foreseeable damage is liable to give rise to compensation. Thus, any indirect, consequential and/or incidental damage, such as, for example, a commercial disturbance, loss of clientele, etc., will not entitle the User to compensation.
In any event, LA BONNE BROSSE's liability in the event of damage caused to the Client, for whatever reason, is expressly limited and shall in no event exceed the total amount, excluding tax, of the Client's Order placed through this contract.
13.6. The Customer undertakes to use the Products in strict accordance with the instructions for use provided by LA BONNE BROSSE. Consequently, LA BONNE BROSSE shall not be held responsible for any improper use of the Products by the Client or any third party.
ARTICLE 14: LEGAL GUARANTEE
In accordance with the provisions of the French Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 et seq. of the French Consumer Code) and the guarantee against hidden defects (articles 1641 et seq. of the French Civil Code), allowing Customers to return defective and non-compliant Products free of charge.
14.1. Warranty against hidden defects.
In accordance with articles 1641 and following of the French Civil Code, LA BONNE BROSSE is bound by the warranty for hidden defects in the Products sold that render them unsuitable or significantly affect the use for which they were intended. The Customer may bring an action on the basis of a hidden defect within two years of the discovery of the defect.
Within the framework of the legal guarantee for hidden defects, LA BONNE BROSSE, depending on the Customer's choice, undertakes, after assessing the defect, either:
- to refund the full price of the Product concerned;
- to refund part of the price of the Product if the Customer decides to keep it.
14.2. Legal warranty of conformity.
In accordance with articles L.217-4 and following of the French Consumer Code, LA BONNE BROSSE is obliged to deliver Products that conform to the Order placed by each Customer, namely:
- Products that correspond to the description given by LA BONNE BROSSE;
- Products that have the qualities that the Customer may legitimately expect given the statements made by LA BONNE BROSSE.
The Customer may bring an action on the basis of a lack of conformity within a period of two years from the delivery of the Products, it being understood that any lack of conformity appearing within a period of two years from the delivery is deemed to have existed from the time of delivery.
Within the framework of the legal guarantee of conformity, LA BONNE BROSSE will, depending on the Customer's choice, either:
- refund the price of the Product in question; - exchange the Product for a Product that conforms to the Order, if this is possible.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaints or requests for information regarding the present General Terms and Conditions of Sale should be addressed to the Customer Service by e-mail at the following address: firstname.lastname@example.org.
ARTICLE 16: MISCELLANEOUS PROVISIONS
16.1. Partial invalidity
If one or more stipulations of the present GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain all their force and scope.
The fact that one of the Parties does not claim from the other Party a breach of any of the obligations referred to in the GTC shall not be interpreted for the future as a waiver of the obligation in question.
In the event of a dispute concerning an Order, the Client shall first contact LA BONNE BROSSE by email at email@example.com in order to find an amicable solution.
The Customer must first contact LA BONNE BROSSE in writing before lodging a complaint with the mediator.
In addition, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent settlement of online disputes between consumers and professionals in the European Union by extrajudicial means. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.
16.4. Applicable law and jurisdiction
These GTC are governed by French law, unless otherwise provided.
In the absence of an amicable solution and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GTC will be submitted to the competent courts of Paris, unless otherwise stipulated. For all practical purposes, it is specified that the time limits for taking legal action are not interrupted during the period in which an amicable solution is sought or mediation is requested.