Terms of sale
General Terms and Conditions of Sale (GTCS)
These general terms and conditions of sale exclusively govern the sale of products offered on the Website, accessible via a laptop, smartphone, or any other device. They are automatically available to the Customer on the Website when they place their order.
Placing an order implies full and unconditional acceptance of these general terms and conditions of sale, excluding any other conditions appearing in catalogs or brochures issued by BraXiere.
Any contradictory condition proposed by the Customer will, unless expressly accepted, be deemed inapplicable to BraXiere, regardless of when it was brought to their attention. The fact that BraXiere does not invoke any of these general terms and conditions of sale at a given time cannot be interpreted as a waiver to rely on them subsequently.
BraXiere strives, within its capabilities, to ensure the accuracy and updating of the information published on the Website and reserves the right to modify it at any time without prior notice.
If any condition proves unenforceable, it will be governed by the customary practices and French laws in force regarding distance selling.
Website Publisher
BRAXIERE ET CETERA, SASU
Registered Office: 21 Chemin de l'Église, Le Simon, 85210 Sainte-Hermine
RCS LA ROCHE SUR YON 834246258
Publishing Director: Macha BRIZAY
Website Host
SHOPIFY
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Article 1. Purpose
These terms and conditions govern the sale of BraXiere products, including ready-to-wear, lingerie, swimwear, and accessories, offered on the e-commerce site (hereinafter referred to as "the Website") by BraXiere et Cetera (hereinafter "BraXiere") to physical persons who are non-traders and of legal age (hereinafter "the Customer").
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Article 2. Products
2.1 Product Features
Products available for online purchase are those presented on the Website. They are described and illustrated by BraXiere with the utmost care to ensure optimal accuracy. Product sheets include essential characteristics (colors, description, composition, care, dimensions) and prices inclusive of all taxes (VAT included).
However, BraXiere informs the Customer that photographs may not perfectly represent the product, particularly regarding colors.
Variations may result from the quality of the photographic colors, technical screen limitations in rendering materials, or other technical constraints. Such differences are not considered defects of conformity and cannot justify cancellation of the sale. In case of a significant error or minor omission between the Product’s characteristics and its presentation/description, BraXiere cannot be held liable.
2.2 Product Availability
Products are sold within the limits of available stocks. Only Products visible on the Website at the time of consultation by the Customer are offered for sale. When placing an order, the Customer is informed of the availability of the selected Product. In case of stock shortages, BraXiere will inform the Customer as soon as possible via email.
For card payments, only the amount for Products actually shipped will be charged. If payment is made via PayPal and the Product becomes unavailable, its price will be directly refunded to the account used for payment.
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Article 3. Prices
Product prices are displayed in euros (€), inclusive of VAT (all taxes included), and exclude delivery fees, which vary depending on the country. Prices include the VAT rate applicable at the time of the order. If the VAT rate changes, this variation will automatically be reflected in the Product price. Delivery fees are indicated in the order summary before validation.
Placing an order implies acceptance of the Product prices and descriptions. BraXiere reserves the right to modify prices and descriptions at any time, particularly in the event of increased costs (e.g., VAT changes) or typographical or obvious input errors. Products will, however, be billed based on the rates in effect at the time the order is confirmed, except in cases of manifest error.
Despite BraXiere's vigilance, pricing errors may appear on the Website, regardless of their cause (technical glitch, human error, etc.). Orders placed with erroneous or manifestly derisory prices (e.g., abnormally low prices) will be canceled, even if initially validated by BraXiere. Customers will be informed promptly and may reorder at the corrected price if desired.
The Customer acknowledges and accepts that prices may differ between the Website and physical stores, and no refund (total or partial) can be claimed based on this price difference (except in the context of exercising the right of withdrawal as outlined in Article 6 below).
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Article 4. Account Creation
Each Customer must fill in the required fields to create their personal profile and obtain login credentials, which remain strictly personal. If these credentials are lost or forgotten, the Customer must promptly inform BraXiere by contacting Customer Service.
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Article 5. Placing an Order
To place an order, the Customer must log in using their email address and confidential password if they have an account. Whether or not they have an account, the Customer must provide the mandatory information marked with an asterisk, necessary for invoice processing and order delivery. Accurate entry of this information is essential to avoid errors or issues during shipment.
Collected data is exclusively intended for BraXiere or its partners with the Customer’s explicit consent, as detailed herein.
Order Registration
The Customer selects desired products by clicking "Add to Cart." After completing this step, by clicking "Checkout," a summary page (order form) appears, allowing the Customer to make modifications before validating. To proceed with payment, the Customer must read and accept the GTCS by ticking the dedicated checkbox.
Any order confirmed on the Website is final and binding. Once validated, the Customer cannot cancel it but may exercise their right of withdrawal upon receipt.
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Article 6. Order Validation and Payment
The Customer guarantees BraXiere that they have the necessary authorizations to use the chosen payment method. By validating their cart, the order summary, and the GTCS, the Customer agrees to pay for their order. The amount due is specified in the order summary. This validation constitutes express acceptance of all transactions conducted on the Website.
Payment Methods
Orders are exclusively payable online via credit cards or PayPal. The order is processed after entering the credit card number, expiration date, and security code (3 digits on the back). Payment is definitively validated by the banking network.
Fraudulent Card Use
In case of fraudulent card use, the Customer must contact the authorities and, if necessary, file a complaint.
Secure Payment
BraXiere uses an SSL-compliant secure payment system, ensuring confidentiality of transmitted data (card number, expiration date) through encryption. These details are never stored on BraXiere’s servers.
With explicit consent, BraXiere may save card information to avoid repeated entry for future orders. The security code will not be stored, and data is kept until consent is withdrawn or the card expires.
Order Confirmation
Once validated, a confirmation email summarizing the order details and total amount is sent to the Customer. The sale becomes final after payment validation and full receipt by BraXiere.
Article 7: Order Tracking
The customer can consult the details and status of their order at any time in the "My Account" section after logging in. If the customer has not created an account, they will receive email updates on the progress of their order.
Article 8: Delivery
The customer is informed that orders may be delivered in multiple shipments depending on product availability and delivery timelines. Except in cases of force majeure, the delivery times indicated during the order process will be respected and begin from the order confirmation. The customer must select the country and delivery method as needed. BraXiere strives to ensure the integrity of packages until they are received. The customer must check the condition of the packaging and products upon delivery and make any necessary remarks on the delivery note.
Orders are processed within two to three working days after receipt. Additional time depends on the transportation partners and usually does not exceed 7 working days within mainland France. During sales or private events, these timelines may be extended.
Delivery Terms
All deliveries are made within a maximum of 7 working days from the order date. If this deadline is exceeded, except in cases of force majeure, and up to a maximum of 60 days from the order date, the customer may report the delay via the "Contact Us" form available on the website.
In the event of a dispute regarding the non-receipt of a package, the customer must provide the customer service team with a sworn statement of non-receipt, duly completed. Additional documents, such as ID or a filed complaint, may also be required.
Investigation for Missing Packages
BraXiere will contact the carrier corresponding to the chosen delivery method to initiate an investigation, which will not exceed 30 days.
If the package is located within this time, BraXiere will inform the customer, who can choose to have the package delivered to the address provided during the order or refuse the delayed delivery and request a refund.
If the package is declared lost, BraXiere will refund the amounts paid at the time of the order.
If, at the end of the investigation, the package remains untraceable, the customer will be refunded the full amount of their order.
Package Received After Refund
If the customer eventually receives their package after being refunded, they agree to inform customer service and return the package following the instructions provided.
Article 9: Delivery Fees
Flat-rate delivery fees depend on the destination country and are specified in the order summary. Depending on the customer's country, BraXiere may contact them to confirm the exact delivery cost before the order is finalized.
Article 10: Questions/Complaints
For any questions regarding an order, BraXiere's Customer Service is available through the "Contact Us" section. In case of a dispute, the customer must provide their order number and the exact reason for their request. If a refund is necessary to resolve the issue, it will be processed directly using the payment method used during the order.
Article 11: Personal Data
To learn about how BraXiere handles personal data and cookies, customers are invited to consult the Privacy Policy available on BraXiere's website. After each visit to the site, customers should log out of their profile to ensure confidentiality.
Article 12: Warranty
The products offered comply with current French legislation. All products benefit from the legal warranty of conformity as per Articles L217-4 and following of the Consumer Code, and the warranty against hidden defects as per Articles 1641 and following of the Civil Code.
Article L217-4 of the Consumer Code
A product conforms to the contract if it meets the following criteria:
1. It matches the description, type, quantity, and quality, including functionality, compatibility, interoperability, or any other characteristics stated in the contract.
2. It is suitable for any specific use requested by the customer, communicated to the seller before the contract's conclusion, and accepted by the seller.
3. It comes with all accessories and installation instructions required as per the contract.
4. It is updated as per the contract.
Article L217-5
Beyond contractual criteria, a product conforms if it meets the following:
1. It is suitable for the expected use of similar products, considering applicable European or national laws and technical standards or industry-specific codes of conduct.
2. It has the qualities presented by the seller, including through samples or models, before the contract was concluded.
3. Its digital components, if any, are provided in the latest version available at the time of the contract, unless agreed otherwise.
4. It comes with expected accessories, packaging, and installation instructions.
5. It includes updates reasonably expected by the customer per Article L. 217-19.
6. It matches the quantity, quality, and characteristics the customer can reasonably expect for similar goods, considering public declarations made by the seller, upstream suppliers, or representatives, including in advertising or labeling.
The seller is not bound by public declarations if they demonstrate:
1. They were unaware and could not reasonably have been aware of them.
2. These declarations were corrected in a manner comparable to the original declarations before the contract's conclusion.
3. The declarations did not influence the purchasing decision.
A customer cannot contest non-conformity based on a defect in a specific characteristic of the product, which they were explicitly informed of and consented to during the contract.
Article L217-7
Defects in conformity appearing within 24 months of delivery, including digital elements, are presumed to have existed at delivery unless proven otherwise or if this presumption is incompatible with the nature of the product or defect. For second-hand goods, this period is 12 months.