Terms of Sales
The present sales terms (here below named “sales terms”) are concluded between, on one hand, the company Brun de Vian-Tiran, registered at:
2 Cours Victor Hugo – 84800 Isle sur la Sorgue –
Registre du Commerce et des Sociétés Avignon N°56 B 63
Here below named “Brun de Vian-Tiran” and, on the other hand, the individuals, here below named “customer” individually, who is purchasing products on Brun de Vian-Tiran’s website: www.brundeviantiran.co/uk.
Brun de Vian-Tiran and the customer together are named below the “parties”.
The present sales terms aim at defining the conditions of a transaction between Brun de Vian-Tiran and the customer, from the order to the delivery, via the use of the services provided by Brun de Vian-Tiran and the payment. They regulate all the steps necessaries to place an order and ensure the following of this order between the parties.
Field of application
These present sales terms govern the sale of the products present on this website www.brundeviantiran.co/uk at the date of the customer’s order.
Article 1 – Price
1.1 Products ‘prices are in Euros, all tax included, without processing and transportation charges. The prices include the VAT (19.6%) applied in France the day of the order. All modification of the applied rate would be reflected in the product’s price after the came into force of the new rate. All the prices are indicated subject to manifest typographical mistake. The applicable price is the price indicated on the website www.brundeviantiran.co/uk at the date of the confirmation of the order by Brun de Vian-Tiran.
1.2 In case of order for another area than Metropolitan France, the customer is the importer of the product. For all the products shipped out of European Union and DOM TOM, the price will be automatically calculated with French VAT on the invoice. Customs duties or other local taxes or importation right and duties may be required. Brun de Vian-Tiran is not responsible for these rights and duties. They are at the expense of the customer and are within his responsibility.
1.3 Brun de Vian-Tiran has the right to modify the prices anytime. But the products will be invoiced on the base of the tariff in vigor at the time of order validation.
1.4 Products are Brun de Vian-Tiran property until payment is completed.
Article 2 – Order
2.1 To place an order
The customer places his order to Brun de Vian-Tiran via the website www.brundeviantiran.co/uk .
The customer’s identification, which permits the booking of the order, must contain at least the following information:
- His login and password if already given, otherwise by filling the questionnaire for online subscription.
- Products are clearly identified by the selection of the sizes, the colors and the quantities ordered.
- The customer has to clearly indicate the information necessary to the delivery.
- The customer has to specify the type of payment.
2.2 Ability to contract
Brun de Vian-Tiran’s customers declare to be able to conclude with the sales terms described here below, that is to say be an emancipated minor or to have the legal majority and don’t be protected in the sense of the Article 488 of the French Civil Code.
2.3 Characteristics of the products
In accordance with the article L111-1 from the Consume Code, Brun de Vian-Tiran does its best to present at best, on the product cards, the essential characteristics of the products that the customer has to take cognizance. Photos and graphics are given as a rough guide. In particular, the difference in forms and colors’ perception between the photos or graphics presented and the product can’t engage Brun de Vian-Tiran’s responsibility.
2.4 Confirmation of reception
An email is automatically sent to the customer to confirm the reception of the order, as long as the email address provided by the customer is valid. This confirmation of reception is not an order confirmation, further verifications may be necessary.
For all orders above 750€ all taxes included, the confirmation may be sent only after a direct contact with the customer, in particular to check the adequacy of his order to this need.
The order form created online by the customer or the order confirmation sent by email by Brun de Vian-Tiran is not an invoice.
The customer receives the original invoice at receiving the products, included in the parcel.
Brun de Vian-Tiran conserves an exemplar of each invoice.
2.6 Delivery of the order
The customer must check, without delay, the conditions of the delivered products and inform Brun de Vian-Tiran of any problems related with the transport or the product itself. The use of the product by the client will lead to the subsequent impossibility to change or refund the price of the product in case of manufacturing defect.
Article 3 – Customer sales terms acceptation
The present sales terms can be read directly on the website www.brundeviantiran.co/uk. The fact for the customer to check off the case “I have read the general sales terms and I accept them” before the validation of the order, automatically lead to the express acceptation by the client and without any restriction or reserves of the present sales terms. The customer admits, with this act, that he has read and understood the present sales terms and accepts them.
Article 4 – Product availability
Products are available unless sold out. In case of unavailability of a product, Brun de Vian-Tiran will do it best to inform the customer in a short time.
Article 5 – Payment
5.1 Type of payment
The customer can pay his order:
- Online on the website www.brundeviantiran.co/uk with all the type of credit card accepted by the payment system to which Brun de Vian-Tiran subcontracts.
- By bank transfer for orders above 750€ all taxes included.
Brun de Vian-Tiran carries out all the ways to ensure the security and the confidentiality of the data given online. With this aim in view, the website www.brundeviantiran.co/uk use a secure means of payment SSL (Secure Socket Layer). This process of encryption allows protecting the most efficiently possible all the sensible data linked to the type of payment.
5.3 Signature, payment protection and security of payments.
All the user of the website without customer number will have to follow an inscription process in order to obtain his customer number. This number is personal.
In case of loss or omission, the customer must inform Brun de Vian-Tiran via the website www.brundeviantiran.co/uk.
In every case, the online supplying of the credit card number and the final validation of the order will be considered as proof of the integral order in accordance with the disposition of the Ley of March, 13th 2000 and can permit the payability of the sum engaged by the keyboarding of the products present in the order form.
This validation is considered as a signature and an express acceptation of all the operations effectuated on the website. Nevertheless, in case of fraudulent use of his credit card, the customer has to contact with Brun de Vian-Tiran as soon as he notes this use.
5.4 Delay of payment
In case of credit card refusal by the bank, the customer has to contact with Brun de Vian Tiran to pay his order with another type of payment.
5.5 Property transfer
Brun de Vian-Tiran remains the owner of the products until the payment of the customer has been fully completed. The disposition above does not do obstacle, as soon as the delivery of the product, the transfer to the customer of the risks of loss or damage of the products
Article 6 – Delivery
6.1 General points
Products are delivered to the delivery address the customer gave during the order process. Delivery address and invoice address can be different.
Delivery depends on:
- Time of processing the order.
- Date of customer order validation in case of payment online by credit card.
- Time of shipment.
6.2 Time of shipment.
Orders received on the website www.brundeviantiran.co/uk are regularly checked and processed. Brun de Vian-Tiran informs its customers that the time of shipment doesn’t include week ends, non-working days and holidays. No delay penalties shall be paid.
In case of shortage on some items, a solution may have to be found between the parties, without any penalties for shortage. Brun de Vian-Tiran may have to send an order in several times. In a first time, available products can be sent; the rest of the products of the order will be sent when available.
The packaging is adapted to the transportation of the products. Products are packaged to respect transportation norms and to ensure their optimal protection during shipment.
The customer must also do the same in case of order cancellation and shipment back to Brun de Vian Tiran.
Brun de Vian-Tiran doesn’t pay compensation in case of lateness or loss of the products, due to the transporter or Brun de Vian-Tiran itself.
Customer has to consult his parcel tracking on the transporter’s website and to contact Brun de Vian Tiran for any question or in case of problem.
Brun de Vian-Tiran is not responsible for events resulting from Act of God. Brun de Vian-Tiran is not responsible for an improper use of the goods the client ordered. Brun de Vian-Tiran will not replace or refund the amount paid. In order to know the proper use and care of the goods, please refer to the website and/or contact Brun de Vian Tiran.
Article 7 – Order cancellation
7.1 Revocation clause
According to the article L121-20 of the French Code of Consumption, customer can cancel his order 7 days after the reception of the goods without giving a reason or paying penalties except, possibly, the cost of returning the goods. When the delay of 7 days expires a week end, or a non-working day, it is extend to the next working day.
In case of use of the revocation clause, only the price of the product bought will be refund. Customer has to paid shipment costs and shipment costs back.
Returned products have to be new and complete (packaging, accessories, instructions…) which permit their further commercialization as new products.
According to the article L121-20-1 of the French Code of Consumption, when the revocation clause is exercised, the professional has to refund without any delay the customer and as the latest 30 days after the exercise of the revocation clause.
Brun de Vian-Tiran must refund the customer without delay, at the latest 30 days after the cancellation of the order.
Brun de Vian-Tiran can refund by credit in the account bank of the customer. The customer can choose another way of refund than the proposed.
Article 8 – Legal warranty
According to the article L211-4 of the French Code of Consumption, resuming the articles 1641 and 1648, the responsibility of Brun de Vian-Tiran does not go beyond the replacement of the goods or the reimbursement of the amount paid and the exclusion of all damages whatever the cause is, whenever a good is recognized as defective
Article 9 – Nominative information
Information and data about the customer are necessary for the management of his order and the commercial relationship. They can be transmitted to the companies which contribute to those relationships, such as those in charge of order’s management, execution, processing and payment. Those information and data are kept for security reasons in order to respect legal and regulatory obligations and also to permit to improve and personalize the services proposed by Brun de Vian Tiran and the sent information.
In accordance with the Loi Informatique et Libertés du 6 Janvier 1978, the customer is allowed to access, rectify and to be opposed to the personal data about himself. The customer has to send an email to Contact ([email protected]) or a letter to Brun de Vian-Tiran, 2 Cours Victor Hugo, 84808 Isle sur la Sorgue, indicating his first name, name, mail address. In accordance to the rules in force, the request has to be signed and with a copy of the identity card, in which appear the signature and the direction where the answer must be sent. An answer will be sent during the next 2 months after the request reception.
Article 10 – Intellectual property
All the content of the website www.brundeviantiran.co/uk, including images, text, sound, are protected by the law on intellectual property. They are the exclusive property of Brun de Vian-Tiran. Anyone wishing to link his/her website to www.brundeviantiran.com must ask Brun de Vian Tiran for an authorization. An authorization can be withdrawn at any time.
“Framing” and “in-line linking” techniques to link to www.brundeviantiran.co/uk is strictly forbidden.
Article 11 –Applicable jurisdiction
11.1 Validity of these General Sales Terms
Any change in legislation, regulation or a court decision which would affect any clauses of these General Sales Terms, does not invalidate the overall general sales terms.
If a sales term was not mentioned in these general sales terms, then it would be considered that it is regulated by the common use among direct sales companies which are located in France.
11.2 Duration and application
The present general sales terms can be modified at any time by Brun de Vian-Tiran. The valid sales terms are those at the time of the order confirmation by Brun de Vian-Tiran.
11.3 Territoriality and relevant jurisdiction.
The customer ordering via the website www.brundeviantiran.co/uk is buying in France and is submitted to the French Law.
In case of a professional customer ordering for professional reason, the attribution of ability to solve a contention, and without agreement between the two parties, will be given to the Tribunal of Commerce of Avignon (84-France).