Terms and Conditions of Sales
The present terms and conditions of sales (here below named “terms and conditions”) are concluded between, on one hand, the company SA Brun de Vian-Tiran, with a capital of 204 891 € registered at:
2 Cours Victor Hugo – 84800 Isle sur la Sorgue –
Registre du Commerce et des Sociétés Avignon N°56 B 63 - SIRET 562 620 633 00015 - VAT FR 25 562 620 633
Here after named « Brun de Vian-Tiran » and, on the other hand, a private individual, here after individually named “customer”, willing to purchase products on the internet website of Brun de Vian-Tiran : www.brundeviantiran.com.
Brun de Vian-Tiran and the customer are together named below the “parties”.
The present terms and conditions aim at defining the direct sells conditions between Brun de Vian-Tiran and its customer, from the order of the customer to the delivery to the customer. They define all the steps necessary to place an order and ensure the follow-up of this order between the parties.
The present terms and conditions govern the sale of the products present on the website www.brundeviantiran.com at the date of the customer’s order.
For the customer, the fact of filling in and validating the purchase order on the website www.brundeviantiran.com means full and entire acceptance of Brun de Vian-Tiran terms and conditions of sales.
Brun de Vian-Tiran reserves the right to modify the offers, the prices and the terms and conditions, at any moment and without prior notice.
1 – PRICE
Product prices are tax included, without the delivery fees that remain at the expense of the customer except for specific entries or conditions. The prices include the VAT applied in France on the day of the order. All modifications of the applied rate can be reflected in the products prices after the new rate has come into force, this without previously advising the customer. The applicable price is the one indicated on the website www.brundeviantiran.com on the date of the order’s confirmation by the customer.
Regarding deliveries outside the European Community, prices are tax excluded (without the French VAT). For your information, the tax excluded price only appears when the delivery address is provided or when you navigate on the website with your registered account.
Custom duties, other local taxes, import duties or state fees may be required. Their amount is not provided during the order processing as it depends on the tax rules in force in each delivered country. They are at the expense of the customer and remain under his/her proper responsibility.
Brun de Vian-Tiran reserves the right to modify its prices at any time and without prior notice. Products will be invoiced on the basis of the effective tariff at the time of the order’s confirmation.
Products remain Brun de Vian-Tiran property until the payment of the price is fully completed.
2 – ORDER
For his/her first order, the customer has to create an account and fill in the order form, which has a certain number of mandatory fields, so that Brun de Vian-Tiran can process the order of the customer.
Several steps of validation are set in the order processing; they allow the customer to go back at any moment on his/her order and to modify it before the final validation. The order will be definitively registered when the payment is done. As of the last acceptance click the order is irrevocable.
An email of order confirmation is sent to the customer, mentioning its order number, its total price, the detail of the products and the billing and delivery addresses.
Items in the customer’s cart are kept for 7 days. Beyond this date the customer will have to choose its items’ selection again.
Special offers are valid under the following two conditions: stock availability and the duration of the involved offer.
If the customer do not manage or do not wish to order online, it is possible to order by phone at the +33 (0) 4 90 38 73 31 from Monday to Friday: 8am-12am and 2pm-6pm (excluding week-ends, public holidays and annual closures).
All provisions of the terms and conditions relating to www.brundeviantiran.com are applicable to telephone selling.
Ability to contract
Each customer of the Brun de Vian-Tiran Company declares to have the capacity to contract to the conditions described here below, that is to say to be an emancipated minor or to have the legal majority and to not be protected in the sense of the Article 488 of the French Civil Code.
Characteristics of the products
Brun de Vian-Tiran seeks to present its products at best on the website, however cannot guarantee that their real appearance corresponds perfectly to their image on screen. Photographs and graphics are provided for information only and do not fall within the scope of the contract.
The purchase order created online by the customer or the order confirmation sent by email to the customer from Brun de Vian-Tiran does not act as an invoice.
The customer receives the original invoice together with the delivery of the products, inside the parcel.
Brun de Vian-Tiran keeps a copy of each invoice.
Receipt of your order
It is for the customer to verify without delay the shape of the product which is delivered to him and if necessary, to express reserves immediately on the delivery note provided by the deliverer. The customer must notify Brun de Vian-Tiran any problem linked to the transportation or the product.
The use of the product by the customer would result in the impossibility to replace or reimburse it.
3 – PRODUCTS AVAILABILITY
In case of shortage in spite of a previous confirmation Brun de Vian-Tiran Customer Service will contact the customer at the earliest by email or by telephone to inform him and agree on a reimbursement of the order’s amount or on the choice of another item. If there is a price difference between the initial order and the new one (product, delivery fees) the customer or Brun de Vian-Tiran will have to repay the other party.
4 – PAYMENT
Modes of payment
On www.brundeviantiran.com, products, services and participation to the sending fees are payable at the order.
The customer can pay his/her order online on www.brundeviantiran.com :
- By credit card (Carte Bleue, Visa, Mastercard)
- By bank cheque payable to Brun de Vian-Tiran SA
- via Paypal
- by Cofinoga card, Aurore and 4 Etoiles ; payment solution via Paypal
- by American Express via Paypal
The customer can also pay its order:
- By bank cheque payable to Brun de Vian-Tiran SA
In case of bank cheque payment, the cheque must be issued by a bank domiciled in Metropolitan France. The collection of the cheque is made upon receipt.
- By bank transfer. Our bank details are at the customer disposal, they can be downloaded in the “payment” section on our website.
With regards to these last two modes of payment, the customer order is released upon receipt of the payment.
Brun de Vian-Tiran implements all the necessary means to ensure the security and the confidentiality of the data conveyed online. With this aim in view, the website www.brundeviantiran.com uses the secured mode of payment: SSL (Secure Socket Layer). This encryption process allows to protect in the best possible way all the sensitive data linked to the modes of payment.
With regards to the credit card payment, to secure even more your transaction we also subscribe to the 3DSecure service (sending of a code number of unique use, valid on a short period to finalise your transaction).
The property transfer of the products linked to the order occurs only after the complete payment of the order.
5 – DELIVERY
Products are delivered to the delivery address provided by the customer during the ordering process. The delivery address and the billing address can be different.
The delivery time includes:
- The order processing time (order entry and preparation of the parcel),
- In case of payment by cheque: the date of receipt and, in case of payment by bank transfer, the crediting of the bank account of the Brun de Vian-Tiran company
- The delivery time of the parcel imposed by the deliverer.
Deliveries for Metropolitan France, Switzerland, Monaco and Andorra are carried out by Colissimo.
Deliveries for Europe and all the other countries are carried out by UPS. Delivery fees vary according to two criteria: the delivered country and the weight/volume ratio of the customer’s order. The amount is automatically added during the purchasing process on the website, before the final validation of the payment.
Taxes and custom duties remain at the expense of the customer for orders outside the EEC. For more information, we invite you to consult the customs website of the country recipient of the order.
Orders placed online via the website www.brundeviantiran.com are generally taken and processed regularly during the day excluding week-ends, public holidays and annual closures.
The shipping is made within 24 to 48 hours after receipt of your order (week-ends, public holidays and annual closures excluded) then the delivery time necessary is 24 to 48h for Colissimo and between 2 to 6 days for UPS depending on the delivered country.
The delivery times indicated are valid within the limits of available stock and do not take into account special production or made-to-measure items.
No compensation is due in case of delay or loss of the products by to the deliverer or by Brun de Vian-Tiran. The customer abandons any action to obtain indemnities or compensations due to potential prejudice resulting from a delay. The customer is invited to follow the tracking of her/his parcel on the transporter website and to contact Brun de Vian-Tiran Customer Service for any question or in case of any problem.
Items are packed in order to respect the shipping standards in force and to ensure an optimum protection during their delivery. For a return we ask the customer to respect the same standards.
In case of events resulting from act of God, Brun de Vian-Tiran is freed from its delivery obligations. Brun de Vian-Tiran is not responsible for a diverted or improper use of the goods the customer ordered.
The transfer of the loss risk occurs during the delivery when the customer or a third party named by him, other than the transporter designed by Brun de Vian-Tiran, physically takes possession of the items ordered.
6 – ORDER CANCELLATION
Right of Withdrawal
According to article L121-20-12 of the French Code of Consumption, the customer has fourteen clear days starting from the receipt of his/her order to exercise his/her right of withdrawal without having to provide any justification and paying penalties, except for the return fees if applicable. When the fourteen days delay expires on a Saturday, Sunday, on a public holiday or non-working day it is extended to the first following working day.
If the right of withdrawal is exercised within the above mentioned period, only the price of the purchased item(s) will be reimbursed; the shipping and return fees remain at the expense of the customer.
Returned products must be in their original shape and complete (packaging, accessories, instructions…), together with the delivery notice and a return statement of the reasons for it being returned.
If the return is due to a product defect, return fees are at the entire expense of Brun de Vian-Tiran, provided that the defect has been properly acknowledged by Brun de Vian-Tiran; a return sticker will be emailed to the customer to set on the parcel.
In the case of an order cancelled due to a customer change of mind, the return fees of the item are at the expense of the customer.
The following items cannot be returned, exchanged nor reimbursed:
- Items which have been used,
- Items which have been washed, including when washed by a professional
- Items which have been made-to-measure except for quality issue
According to the article L121-20-1 of the French Code of Consumption: “Should the right of withdrawal be exercised, the professional must reimburse without delay the consumer and at the latest within the 30 days following the day the right has been exercised” (our translation from «Lorsque le droit de rétractation est exercé, le professionnel est tenu de rembourser sans délai le consommateur et au plus tard dans les trente jours suivant la date à laquelle ce droit a été exercé»). Refunds of the products will be processed at latest 30 days following the day the right has been exercised. The refund will be processed with the same mode of payment used when the customer placed his order online.
7 – LEGAL WARRANTY
According to the article L211-4 of the French Code of Consumption, Brun de Vian-Tiran’s responsibility is limited to the replacement of the goods or the reimbursement of the invoiced price and at the exclusion of any indemnities for any causes.
8 – PERSONAL DATA PROTECTION
The personal information concerning the customer is necessary to the management of his/her order (order confirmation, delivery note and invoice) as they allow to improve and customise the services and information provided by Brun de Vian-Tiran.
Brun de Vian-Tiran has created an electronic file which lists the customers’ personal data in compliance with the legislation on the protection of personal data. This data base is subject to a declaration to the CNIL (French Data Protection Authority) in accordance with the stipulations required by the Data Protection law n°78-17 of January 6th, 1978 (loi « Informatique et libertés »), amended by law n°2004-801 of August 6th, 2004.
In accordance with the law Informatique et Libertés (French Data Protection Law) of January 6th 1978, the customer benefits from a right to access, correct and oppose the data which concerns him. He/She may write by email to [email protected] or by mail to Brun de Vian-Tiran, 2 Cours Victor Hugo, 84808 Isle sur la Sorgue, France mentioning his/her name, first name, email and address. In accordance with the regulation in force, the request must be signed and enclosed with an identification document also signed; the customer must also mention the address to which the answer must be sent. An answer will be provided within 2 months following the reception of the request.
9 – INTELLECTUAL PROPERTY
All the elements of the website www.brundeviantiran.com including images, text, sound and the underlying technology are protected by copyright, brands or patents.
Whether patented or not, they are and remain the exclusive property of the Brun de Vian-Tiran company.
The use of all or part of our online shop or elements appearing in it, by a downloading process, a reproduction, a transfer or a representation for other purposes than a private and personal use in a non-commercial aim is strictly forbidden.
Any website owner willing to set a link to www.brundeviantiran.com on his/her website must require the authorisation from Brun de Vian-Tiran. An authorisation given by Brun de Vian-Tiran will never act as an implicit affiliation agreement and will never be definitive. Upon a simple request from Brun de Vian-Tiran, this link will have to be withdrawn.
Any kind of hypertext link referring to the website www.brundeviantiran.com and using techniques such as «framing» or «in-line linking» is strictly forbidden.
10 – APPLICABLE JURISDICTION
Complete Terms and Conditions
A change of legislation, regulation or a court decision making one or more clauses of these Terms and Conditions of sales null and void would not affect the validity of the present Terms and Conditions of sales. Such a change or observation would in no case allow the customer not to respect these Terms and Conditions of sales.
If a condition were not explicitly mentioned, it would be considered as regulated by the practises in force in the market of direct sells among French-based companies.
Duration and application
The present Terms and Conditions apply to all purchase made on the website www.brundeviantiran.com as long as the shop www.brundeviantiran.com is online.
The present Terms and Conditions, are modifiable at any moment by Brun de Vian-Tiran. The applying conditions are the ones in force at the date of the order confirmation by the customer.
Territoriality and applicable law
In the event that a dispute should arise between the customer and the Brun de Vian-Tiran company, the customer and Brun de Vian-Tiran are committed to finding a mutually acceptable solution before taking any legal action.
Customers ordering on the website www.brundeviantiran.com are buying in France and are therefore submitted to the French Law.
Our Terms and Conditions are drafted in French. If translated in one or more languages, the French text only would be authentic in case of dispute.
Any dispute that should arise from the execution and interpretation of the present Terms and Conditions of sales shall be brought before the Court of Avignon (France) which has sole competence.
Email : [email protected]
Phone : +33 4 90 38 73 31
Adress : Brun de Vian-Tiran - 2 Cours Victor Hugo - 84800 Isle sur la Sorgue - France