ARTICLE 1 – PURPOSE

The present conditions of sale aim to define the contractual relations between Villa Brieg and the purchaser; these conditions are applicable to the on-line sale of products appearing on the www.villabrieg.com website, access to which is free to all Internet users. The acquisition of a product through the site implies unreserved acceptance by the purchaser of the present conditions of sale, which the purchaser acknowledges having read prior to ordering. The buyer acknowledges that the purchase of products and objects on the www.villabrieg.com site is not directly related to his/her professional activity and is limited to strictly personal use. The user declares that he/she has full legal capacity, enabling him/her to commit himself/herself under the present terms and conditions of sale.

ARTICLE 2 – SCOPE OF APPLICATION

The General Terms and Conditions of Sale govern the online and physical sales of Villa Brieg products and objects to customers and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogs or photographs of the products, which are for information purposes only. The GCS are exclusively applicable to products delivered to customers established in metropolitan France, in the French overseas territories and/or in an EU member state. The GCS, as well as all the contractual information mentioned on the site, are written in French, translated into English.

ARTICLE 3- SELLER’S IDENTITY – CUSTOMER SERVICE

The Site is operated by Mrs Solenne REDON under the trade name VILLA BRIEG, registered with the RCS of SAINT-BRIEUC under number 931 282 172. Its head office is located at 81 rue de la Tour 22000 SAINT BRIEUC. The VILLA BRIEG sales department can be contacted for any questions or information:

By e-mail to the following address: villabrieg@gmail.com

ARTICLE 4- AVAILABILITY AND ENFORCEABILITY OF THE CGVS

The GCS are available to consumers on the seller’s website, where they can be consulted directly. By checking a box provided for this purpose, the customer acknowledges having read and accepted these terms and conditions before validating the order. Validation of the order by its confirmation implies acceptance by the customer of the GCS in force on the day of the order, which are kept and reproduced by the professional seller in accordance with article 1127-2 of the French Civil Code.

4.1 Modification of the General Terms and Conditions

Villa Brieg reserves the right to modify its GCS at any time. In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a copy of which, dated to that date, may be given to the customer on request.

4.2 Severability of GTC clauses

The nullity of a contractual clause does not entail the nullity of the GCS, except in the case of an impulsive and determining clause which led one of the parties to conclude the sales contract. The temporary or permanent non-application of one or more clauses of the GCS by Villa Brieg shall not constitute a waiver of the other clauses of the GCS, which shall continue to have effect.

ARTICLE 5 – PRODUCTS

The products offered for sale in the catalog published on the site are each described in terms of their essential characteristics within the meaning of article L. 111-1 of the French Consumer Code. The photographs illustrating the products do not constitute a contractual document. The method of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on delivery. Products are offered and delivered while stocks last. In the event of unavailability of the product ordered, Villa Brieg offers the customer either: the dispatch of a substitute product with similar characteristics, the price of which is at least equal to that of the product initially chosen; the issue of a purchase voucher for the amount of the order; reimbursement of the missing product(s) or of the order within 7 days. Apart from reimbursement of the price of the unavailable product, Villa Brieg is not liable for any cancellation indemnity, unless it is personally responsible for the non-performance of the contract.

Furthermore, Villa Brieg reserves the right to refuse or cancel any order or delivery in the event of :

• Existing disputes with the customer,
• Total or partial non-payment of a previous order by the Customer,
• Refusal by banking organizations to authorize payment by credit card,
• Non-payment or partial payment.

Villa Brieg cannot be held responsible for any error in the buyer’s order, or for any misinterpretation of the characteristics and nature of the products on the www.villabrieg.com website.

It is the buyer’s responsibility to take note of all the information provided on this site concerning the products. (description, size, weight, materials)

Villa Brieg reserves the right to refuse reimbursement or to send a substitute product for any item returned that has been used, deliberately damaged or that has exceeded the return deadline. All returns to the company must be made within 30 (thirty) days of receipt of the order. All returns to the company will be invoiced in full to the customer making the return.

ARTICLE 6- PRICES

Sale prices are indicated, for each of the products listed in the electronic catalog, in euros including all taxes and in dollars, excluding delivery and transport costs. The sale price of the product is that in force on the day of the order, taking into account the VAT rate on that day. Delivery and transport costs are mentioned before validation of the order and are invoiced in addition, except when the order exceeds a sum previously announced on the www.villabrieg.com site (free delivery from …). They are indicated on the order summary. The total amount due by the customer is indicated on the order confirmation page. In the event of a promotion, Villa Brieg undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised. Villa Brieg reserves the right to modify its prices at any time, while guaranteeing the customer the application of the price in force on the day of the order. For deliveries to DOM TOM and the UNITED STATES: customs duties may be payable. The online sales offers presented on the site are valid for as long as the products appear in the electronic catalog and within the limits of available stocks, unless otherwise indicated. Acceptance of the offer by the customer is validated, in accordance with the double-click procedure, by confirmation of the order.
Before placing an order on the site, the customer may create a customer account. To do so, they must fill in a form in the “My account” section with information about themselves, and undertake to provide accurate information and not to impersonate a third party or change their age. In particular, the Customer provides an e-mail address and a password, which will be used to identify him/herself on the site at a later date. The login and password are personal and the Customer undertakes not to divulge them.

The Customer declares that he/she has reached the age of majority in the state or province in which he/she resides, or has reached the age of majority in the state or province in which he/she resides, and that he/she has given us his/her consent to allow any minor dependent on him/her to use this site.

You may not use our products for any illegal or unauthorized purpose and you may not, in the course of using the Service, violate the laws of your jurisdiction (including, but not limited to, copyright laws).

You must not transmit any worms, viruses or code of a destructive nature.

ARTICLE 7-ORDERS

7. 1. Étapes de conclusion du contrat

To place an order, the customer fills the virtual basket with the products selected and the quantities required, then clicks on the “Validate” button and provides the delivery and payment details. Before clicking on the “Confirm order” button, the customer has the opportunity to check the details of his order and its total price, and to return to the previous pages to correct any errors or modify his order. In the last step, the customer checks all the information, acknowledges and accepts the present general terms and conditions of sale by ticking the corresponding box, and is then invited to validate his order by clicking on the “Confirm my order” button. This constitutes the definitive conclusion of the contract. As soon as the order has been validated, the purchaser receives a purchase order confirming that the order has been registered.

7. 2. Modification de commande

Any modification of the order by the customer after confirmation of the order is subject to acceptance by the professional seller.

7.3. Confirmation de la commande

An e-mail acknowledging receipt of the order and payment will be sent by Villa Brieg as soon as possible. Villa Brieg reserves the right to refuse any order for legitimate reasons or if it is deemed legitimate, and more particularly if the quantities of products ordered are abnormally high for customers who are private individuals.

7.4. Archivage

Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a true and durable copy in accordance with article 1360 of the French Civil Code. These communications, order forms and invoices may be produced as proof of the contract.

ARTICLE 8- TERMS OF PAYMENT

8.1 – Method of payment :
Customers pay for their purchases either by credit card or Paypal.

The price of the products is payable in full once the order has been confirmed.

For payment by credit card, :

Only the following credit cards are accepted: Visa, Mastercard, American Express. The customer must enter the card number, expiry date, cardholder’s name and visual cryptogram directly in the appropriate field. The amount of the order is debited upon confirmation of the order by Villa Brieg.

The transmission of your personal information and bank details is fully secured by Crédit Agricole’s UP TO PAY system for the transmission of your payment details, ensuring a high level of security for your transactions. This information is only accessible to our banking partner (Crédit Agricole), so that it can contact your bank. At no time can Villa Brieg, or any other third party, access your bank details.

About Paypal payment

By choosing to pay via PayPal, the Customer will automatically be directed to his/her PayPal account. Once the PayPal payment has been validated, the Customer will be able to complete his/her order on the Website.

8.2 – Billing :
An invoice is drawn up by Vila Brieg and sent to the Customer with the delivery of the order. It will also be available on the Customer’s Personal Account.

ARTICLE 9 – PRODUCT DELIVERY

9.1 – Delivery area (*)

Villa Brieg delivers to Metropolitan France, French Overseas Departments and Territories and certain countries in the rest of the world. To ensure delivery to your country, please consult the following list: France, Andorra, Monaco, Belgium, Germany, Spain, Italy, Luxembourg, Netherlands, Austria, Guernsey, Ireland, Jersey, Portugal, Denmark, Norway, Liechtenstein, Sweden, Finland, Greece, United States (USA), United Kingdom.

9.2 – Delivery time :
The delivery time is mentioned to the Customer as accurately as possible before the order is validated. In the absence of any indication as to the delivery date or of an appointment for the collection of the Product, the Product will be delivered no later than thirty days after the order has been placed. The delivery time corresponds to the shipping time indicated on the product page, plus the processing and delivery time. The delivery period begins upon full payment of the order. Delivery times do not apply in the event of force majeure or acts of God. Force majeure is defined as any external, unforeseeable and insurmountable event preventing Villa Brieg from fulfilling its contractual obligations. In the event of an event qualified as force majeure, Villa Brieg undertakes to notify the customer as soon as possible.

9. 3. – Frais de livraison (**)

Delivery charges are payable by the customer, except when the order exceeds a predetermined amount (metropolitan France only). For all orders destined for metropolitan France, a fixed price is established (except when the order exceeds a predetermined amount, in which case delivery is free). For all other orders to international destinations, a surcharge is added to the fixed price, due to export (no fixed amount for free delivery).

9.4. Livraison et transfert du risque

The product, which is delivered to the customer by a carrier chosen by Villa Brieg, travels at the seller’s risk. Risk is transferred to the buyer when he takes physical possession of the goods. The risk of loss or damage to the goods is transferred to the customer when he or a third party designated by him takes physical possession of the goods, regardless of their nature.

9.5 – Transfer of ownership

Ownership of the product passes to the customer upon delivery.

9.4 – Late delivery :
In the event of late delivery, the Customer must notify Villa Brieg’s customer service department within 8 days by e-mail to villabrieg@gmail.com . If necessary, Villa Brieg will then contact the postal services and delivery companies so that an inquiry can be made, it being specified that a postal inquiry can only be initiated 48 hours after dispatch of the parcel.

In the event of late delivery or, failing this, no later than thirty days after the order, the Customer may cancel the contract by registered letter with acknowledgement of receipt or by writing on another durable medium, if, after having asked Villa Brieg to deliver the Product within a reasonable additional period, the latter has not complied within this period.
The Contract is considered to be terminated upon receipt by Villa Brieg of the letter or writing informing it of such termination, unless Villa Brieg has performed in the meantime. If the Contract is terminated, Villa Brieg will reimburse the Customer all sums paid within fourteen days of the date on which the Contract was terminated.

9.5 – Acceptance :
On receipt of the Product(s) ordered, the Customer must check the conformity of the Product(s). Any anomaly concerning delivery (missing or broken Product, damaged parcel, etc.) must be notified to the carrier and Customer Service within 3 working days of receipt by e-mail: villabrieg@gmail.com. These reservations must be sufficiently precise and complete to establish the existence and extent of the damage.

ARTICLE 10- RIGHT OF WITHDRAWAL

10.1 – Exercising the right of withdrawal :
The Customer has the right to withdraw from the Contract without giving any reason within fourteen days, provided that the Product is undamaged and in its original condition. It must not have been used.

The withdrawal period expires fourteen days after :

• Or where the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s);
• Or where the Customer or a third party other than the carrier and designated by the Customer, takes physical possession of the last Product in the case where several Products have been ordered by the Customer by means of a single order and if these Products are delivered separately.

To exercise the right of withdrawal, the Customer must notify Villa Brieg – 81 rue de la Tour 22000 Saint Brieuc or villabrieg@gmail.com – of his/her decision to withdraw from the Contract by means of an unambiguous statement (e.g. letter sent by post or e-mail). The Customer may, but is not obliged to, use the model withdrawal form attached as Appendix 1 to the GTCS. In order for the withdrawal period to be respected, it is sufficient for the Customer to transmit his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.

10.2 – Exclusion of the right of withdrawal :
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal may not be exercised in particular for contracts:

Supply of goods made to customer specifications or clearly personalized.

10.3 – Effects of withdrawal :
In the event of withdrawal from the Contract by the Customer, the latter must return the Product(s) to Villa Brieg without undue delay and, in any event, no later than fourteen days after the Customer has communicated his/her decision to withdraw from the Contract. This period is deemed to have been respected if the Customer returns the Product(s) before the fourteen-day period has expired. The Customer shall bear the direct cost of returning the Product(s).

Villa Brieg will reimburse the Customer for the full amount of the order, at the invoiced price, with the exception of delivery costs, within 15 days of receipt by Villa Brieg of the returned order, provided that the Product is undamaged and in its original condition. It must not have been used. This refund will be made by the same means of payment as that used for the initial transaction, unless the Customer expressly accepts the use of a different means; in any event, this refund will not incur any costs for the Customer. The Customer is liable for any depreciation of the Product(s) resulting from handling other than that necessary to establish the nature and characteristics of the Product(s).

ARTICLE 11- RIGHT OF WITHDRAWAL

11.1- Legal warranty of conformity and warranty against hidden defects

All products supplied by Villa Brieg benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee against hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

Article L217-4 of the French Consumer Code: The seller delivers goods in conformity with the contract and is responsible for any defects in conformity existing at the time of delivery. He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

Article L217-5 of the French Consumer Code: The goods conform to the contract:

– Whether it is fit for the purpose ordinarily expected of similar goods and, if so :

– if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or model;
– if it has the qualities that a purchaser may legitimately expect, having regard to public statements made by the seller, the producer or his representative, particularly in advertising or labelling.

The French law applicable to the contract may not have the effect of depriving a customer residing in another Member State of the provisions on guarantees granted by its national law in application of the directive of May 25, 1999 concerning the sale of consumer goods and associated guarantees. Villa Brieg is liable for any hidden defects in the goods sold which render them unfit for their intended use, or which impair this use to such an extent that the customer would not have purchased them, or would have paid a lower price for them, had he or she been aware of them. The customer may decide to invoke the warranty against hidden defects in the item sold, as defined in article 1641 of the French Civil Code. In this case, the customer may choose between rescission of the sale or a reduction in the purchase price in accordance with article 1644 of the French Civil Code.

ARTICLE 12 – COMPLAINTS

In the event of a dispute, the customer must make an amicable complaint to Villa Brieg: villabrieg@gmaill.com or by post to the following address: Villa Brieg 81 rue de la Tour 22000 Saint Brieuc

ARTICLE 13 – MEDIATION

If the Customer is a consumer, he may, in accordance with article L.111-1 of the French Consumer Code, in the event of a dispute arising from this agreement, have recourse to a consumer mediator:

Name: FEVAD e-commerce mediator

Address: 60 rue la Boétie – 75008 PARIS
E-mail: me******************@fe***.com

Website : www.mediateurfevad.fr

ARTICLE 14- INTELLECTUAL PROPERTY

The content of the www.villabrieg.com site, its general structure, software, texts, images (animated or not), photographs, know-how and all other elements making up the site are the exclusive property of Villa Brieg or its partners who have granted it a license. Any total or partial representation of this site by any person whatsoever without the express authorization of Marlès Cosmétiques is prohibited and constitutes an infringement punishable under the French Intellectual Property Code. The distinctive signs of Villa Brieg and its partners, such as domain names, brands, names and logos appearing on the site are protected by the French Intellectual Property Code. Any total or partial reproduction of these distinctive signs from elements of the site without the express authorization of Marlès Cosmétiques is therefore prohibited.

All images and graphic or animated representations on this site are non-contractual.

ARTICLE 15- LIABILITY

In the distance selling process, Villa Brieg is only bound by an obligation of means. It cannot be held responsible for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, service interruptions or other involuntary problems. Villa Brieg cannot be held responsible for the information published on this site, nor for the use made of it by users. Villa Brieg cannot be held responsible for any error in ordering by the purchaser, or for any misinterpretation of the characteristics and nature of the products on the site. www.villabrieg.com.

Confidentiality policy, Villa Brieg is committed to preserving the confidentiality of information provided by the purchaser or user, which he/she may be required to transmit in order to use certain services on the site. All information concerning the purchaser or user is subject to the provisions of law no. 78-17 of 6 January 1978. As such, the purchaser or user has the right to access, modify and delete any information concerning him or her. They may request this at any time either by e-mail to the following address: villabrieg@gmail.com or by post to the following address: Villa Brieg, 81 rue de la Tour 22 000 Saint Brieuc.

18. Disputes, jurisdiction and applicable law

This contract and the GTC governing it are governed by French law, subject to the mandatory rules of the consumer’s country of residence. In the absence of an amicable agreement, any dispute relating to the existence, interpretation, conclusion, performance or breach of the contract, as well as to all documents connected with this contract, will fall within the jurisdiction of the judicial court and/or the commercial court of Saint-Brieuc.

ARTICLE 16 – APPLICABLE LAW – DISPUTES

The GCS are governed by French law. In the event of translation, the French version shall prevail.

APPENDIX: WITHDRAWAL FORM

Cancellation form:

Please complete and return this form if you wish to withdraw from the contract. For the attention of Villa Brieg 81 rue de la Tour 22 000 Saint Brieuc e-mail : villabrieg@gmail.com:

I/We* hereby notify you of my/our* withdrawal from the contract for the sale of the product(s)* below:

Ordered/received * on :

Name of customer(s) :

Address of customer(s) :

Date :

Signature of customer(s) (only in the case of notification of this form on paper)

(*) Delete as appropriate