General Terms & Conditions
ARTICLE 1/ OBJECT AND IDENTIFICATION
These General Conditions of Sale define the conditions applicable to sales concluded between, on the one hand, persons wishing to make a purchase (hereinafter referred to as the "CUSTOMER") via the website https://www.breier-sports.com and on the other hand the company BREIER La Compagnie des Palmes whose trade name is BREIER the swimfins company, with a capital of 80 000 euros, whose head office is located in Vannes (56000), registered at the RCS of Vannes under the number 434 606 612.
VAT number FR 71 434 606 612
These conditions only concern non-commercial individuals.
ARTICLE 2/ ORDERS
The CUSTOMER can purchase via the site https://www.breier-sports.com.
The order implies irrevocable adhesion to these general terms & conditions of sale. These general terms & conditions of sale may be subject to change, the conditions applicable are those in effect on the site https://www.breier-sports.com the date of the order being placed.
The order is made according to the following procedure:
1. The CUSTOMER selects the product (s) to be purchased and adds them to the shopping cart called "basket" by clicking once on "add to basket". To customise a product, customer may have to select several options.
2. To continue shopping or to complete the order, the CUSTOMER must click on the button "continue shopping" or "order".
3. When the shopping is completed, the CUSTOMER must click on the "order" button which will redirect them to the "complete my order" page. The CUSTOMER will still have the possibility at this stage to modify their order.
4. To finalize the order, the CUSTOMER must be logged in to their CUSTOMER account so as to complete and confirm the contact details necessary for delivery. The order can only be registered on the site if the user is clearly identified by the entry of their CUSTOMER code (corresponding to the email) and chosen password.
5. On the page "finalize my order", the CUSTOMER must declare to have read and accepted the terms and conditions of sale (T&C).
6. If the CUSTOMER does not wish to make any changes to their order and / or contact and delivery details, they must confirm their order by clicking on "checkout". At this stage this second acceptance will be considered as completion of the contract.
Any order is taken into account only after payment is confirmed.
After confirmation of payment, an order confirmation email will be sent to the CUSTOMER.
After confirmation of the transaction, the transaction number will be communicated to the CUSTOMER as well as an automated email confirming the validation of the CUSTOMER's order and then its shipment once the product has been made.
ARTICLE 3/ PRODUCT AVAILABILITY
Any order implies the acceptance of prices and descriptions of products available for sale. BREIER the swimfins company undertakes to honour orders received on the website only within the limits of available raw materials, components and products stocks. In the absence of availability of one or more product (s) ordered, PARADE undertakes to inform the CUSTOMER as soon as possible. The CUSTOMER's order will be automatically cancelled.
ARTICLE 4/ PRICING AND BILLING
Prices on the E-store are in Euros and must be considered as:
• Including French VAT for CUSTOMERS with a delivery address in EEC excluding Overseas Departments and Territories .
• Excluding VAT for CUSTOMERS with a delivery address outside EEC or in Overseas Departments and Territories
Prices do not include shiping fees, nor local tax and custom. The invoice sent to the customer includes both product and shipping price.
Prices are guaranteed subject to typographical or printing errors. They may be modified at any time, without prior notice, particularly in the event of changes in fiscal or economic data. The articles will be invoiced on the basis of the prices prevailing at the time of confirmation of the order and remain the property of BREIER the Swimfins Company until full payment has been received. BREIER the Swimfins Company reserves the right to change prices at any time without notice.
The products will be invoiced on the basis of the price prevailing at the time of the confirmation of the order and remain the property of BREIER the swimfins company until full payment of the price.
A summary invoice of the order will be available from the dispatch of the order on the "Dashboard" or "Your order" section of the CUSTOMER account.
ARTICLE 5/ DELIVERY
5.1. Delivery zones
BREIER the Swimfins Company ships internationally to all countries
5.2. Delivery times
BREIER the Swimfins Company processes orders from Monday to Friday (except holidays),. At certain times, processing may take longer due to larger number of orders.
The maximum delivery time, excluding transport, is 15 working days from the date of validation of the order, unless otherwise expressly stipulated before the placing of the order and prior to the final validation of it.
The product purchased by the customer will be shipped within about 3 weeks from the date of the order. The shipping times are average times calculated according to our usual delivery times for raw materials and components.
BREIER the Swimfins Company will do whatever is necessary to deliver the customer as quickly as possible, however the deadlines may vary in case of:
- shortage of stock of materials (the customer will be informed)
- problem when making the pair (the customer will be informed)
- holidays: in August and December, the production of BREIER the swimfins company is slowed down.
- case of force majeure
We of course take into account all the desired dates of receipt, indicated in order comment,
In all cases, the CUSTOMER automatically receives an email informing them of the shipping and tracking of their order.
Each delivery will be deemed delivered as soon as the product has been made available to the CUSTOMER, by the postal service or by the carrier.
5.3. Delivery options
Products are shipped to the delivery address registered by the customer.
So Colissimo – home
The package is delivered personally to the CUSTOMER or posted through their letterbox. If its size does not allow for letterbox delivery, it will be made available to the CUSTOMER at their post office. The CUSTOMER has 10 working days since the arrival of their package in post office, to come and withdraw it. After this time, it will be returned to sender.
So Colissimo – relay point
- Pickup Relay
Delivery to one of the 7500 pickup stations station 7/7 and 24/24
- Post office
Delivery to one of the 10,000 La Poste pick-up points of your choice in France
The CUSTOMER will be informed of the availability of his package by SMS and email, with a withdrawal voucher allowing them to pick it up within 10 working days.
After this period, their parcel will be returned to sender.
- Shopkeeper
Delivery to one of the 37,000 Groupe La Poste local business network pick up points.
The CUSTOMER will be informed of the availability of their package by SMS and email, with a withdrawal voucher allowing them to pick it up within 10 working days.
After this period, their parcel will be returned to sender.
5.3. Delivery times
It is necessary to add the transport times of deliveries ensured by the La Poste parcel service.
If the customer wishes to pick up the order at the workshop,the customer must indicate this in the delivery options.
Once the product is delivered, the customer must on his own initiative check the contents and integrity of the parcel and must then proceed with all reservations and complaints if justified, or even refuse the package, if it is likely to have been opened.
Attention, a package received is a package accepted as is.
In case of dissatisfaction for any reason, the customer can contact BREIER the Swimfins Company.
5.4. Delivery costs
The shipping costs are including VAT or excluding VAT according to the address of delivery. BREIER the swimfins company ensures the fairest rate cost of transport.
ARTICLE 6/ PAYMENT AND SECURITY
The payment of purchases must be made using a credit or debit card (debit card, Visa, MasterCard). Cash transfer is also possible.
The order will be recorded upon acceptance of payment by the banking service. The CUSTOMER must enter the card type, the name on the card, the card number, the expiry date and the security code located on the back of the card in the space provided for this purpose.
The CUSTOMER's bank card account will be debited at the time of placing the order.
BREIER the Swimfins Company implements all means to ensure the confidentiality and security of data transmitted on the web and on the website https://www.breier-sports.com.
As such, the website uses a module that encrypts the bank details of the CUSTOMER's credit card using the SSL (Secure Socket Layer) protocol. These coordinates never transit unscrambled on the network.
ARTICLE 7/ RIGHT OF WITHDRAWAL
In accordance with the law, BREIER La Compagnie des Palmes products are manufactured at the request of the customer, no right of withdrawal can apply.
ARTICLE 8/ RETURNS AND REFUNDS
8.1 Turnaround period
If the customer finds a manufacturing defect, he has 15 (fifteen) days from the date of receipt to return them.
8.2 Terms for returns
Any request to return an article must be made by email via the address [email protected] specifying: the number, the date of order and the product or products that they want to return.
The CUSTOMER will then receive by email a return number and a return label to affix on the package. The label allows the customer to pay no return costs.
The customer must contact BREIER La Compagnie des Palmes after-sales service before returning the goods: [email protected] . The return shipping costs are the responsibility of the customer, whatever the reason. The risk of the return port is borne by the customer, and does not involve the responsibility of BREIER La Compagnie des Palmes. BREIER La Compagnie des Palmes recommends its customers to insure their return parcels
8.3 Condition of products
All returned products (swimfins, clothing, original packaging, accessories,...) must be new, unused and in their original box intact and without writing.
Upon receipt of the parcel, BREIER the swimfins company will judge the condition of the returned goods. No returns will be accepted and therefore no refund will be made if the returned products have been visibly used or damaged by the CUSTOMER and such use or damage renders the product unfit for sale. The return of the product is only possible if the customer joins to the parcel a letter specifying the reasons for the return. Once the returned product has been received by BREIER the swimfins company, which will acknowledge receipt of the goods, the customer can either benefit from a refund (excluding purchase with the use of a gift card), or benefit from an exchange.
8.4 Refunds of returned items
In the case of a refund:
The refund from the customer’s bank will be made within 30 days from the receipt of the goods by BREIER the swimfins company.
The speed with which the bank account is credited may vary depending on the type of bank card used by the customer: For immediate debit cards, the current account is credited within 3 to 8 days depending on the bank. On the other hand, in the case of delayed debit cards, credit is made under the same conditions as the usual debits on the card account and not on the deposit account.
In the case of an exchange (or refabrication):
BREIER the swimfins company undertakes to refabricate at its own expense the defective swimfin or blade selected by the dissatisfied customer
Any pair of fins won in a contest cannot be returned or exchanged. Please note that BREIER the swimfins company products purchased in a store or a partner e-shop cannot be returned, either for a refund or for a refabrication.
ARTICLE 9/ INTELLECTUAL PROPERTY
All elements of the BREIER the swimfins company website, whether visual or audio, are protected by copyright, trademarks or patents. They are the exclusive property of P BREIER the swimfins company.
The total or partial reproduction, modification or use of this brand, and more generally any of the other intellectual property rights attached to the site, for any reason and on any medium whatsoever, without the express prior agreement of BREIER the swimfins company, is strictly prohibited.
ARTICLE 10/ RESPONSIBILITY
The BREIER the swimfins company company has, for all the stages of access to the site and the order process only an obligation of means. The responsibility of the BREIER the swimfins company company cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including a rupture of service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
Moreover, the BREIER the swimfins company company cannot be held responsible in the event that the order is not successful or if it was prevented from respecting any one of its obligations for a case of absolute necessity within the meaning of the jurisprudence, and in particular in the case of a strike or bad weather preventing the delivery of the order.
ARTICLE 11/ LEGAL GUARANTIES
11.1 Legal guarantee of conformity and guarantee of hidden defects
The products benefit from the legal guarantee of conformity (article L 211-4 of Consumer Code) and the guarantee of latent defects (article 1641 of the Civil Code). Any guarantee is excluded in the event of damage of external origin or due to misuse, improper use, negligence or lack of maintenance on the part of the Customer, as in the case of normal wear of the product.
Article L217-4 of the Consumer Code.
The seller is obliged to deliver goods in conformity with the contract and must answers for any defects of conformity existing at the time of the delivery.
Article L217-5 of the Consumer Code
To be in conformity with the contract, the property must :
1º Be fit for the usual and expected use of a similar item and, where appropriate: correspond to the description given by the seller and possess the qualities that were presented to the buyer in the form of a sample or a model ; present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or representative, particularly in advertising or labelling;
2º Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
Article L217-9 Consumer Code
In case of non-conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate compared to the other modality, taking into account the value of the good(s) or the degree of the defect. The seller is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer.
Article L217.10 Consumer Code
If the repair and replacement of the goods is impossible, the buyer can return the goods and be refunded or keep the goods and receive a partial refund.
The same option is offered to the customer:
1° If the solution requested, proposed or agreed pursuant to Article L.211-9 cannot be implemented within one month of the buyer's claim ;
2° Or if this solution cannot be pursued without major inconvenience taking into account the nature of the good(s) and its intended use.
The resolution of the sale cannot however be pronounced if the lack of conformity is minor.
Article L217-12 Consumer Code
The action resulting from the lack of conformity is prescribed by two years from the delivery of the good(s).
Article 1641 of the Civil Code
The seller is bound by the guarantee for reasons of hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce so much this use, that the buyer would not have acquired it, or would have given a lesser price, had they known them.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
The guarantor of the defects of the sold good(s) is BREIER The swimfins company whose registered office is located: 23, rue Dupuy de Lôme 56000 VANNES
When legal guarantee of conformity is applicable, the CUSTOMER has a period of two years from the delivery of the good(s) to act, and can choose between the repair or the replacement of the good(s), subject to the cost conditions provided by Article L. 211-9 of the Consumer Code, is exempt from reporting evidence of the lack of conformity of the property during the 6 months following the delivery of the property. The legal guarantee of conformity applies regardless of the possible commercial guarantee that may be granted..
The customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and may choose between the resolution of the sale or a reduction of the selling price in accordance with Article 1644 of the Civil Code.
11.2 Terms of return and refund of defective or non-compliant products
The CUSTOMER requesting the benefit of the legal guarantee of non-conformity or hidden defects must then return the article within the legal deadlines to BREIER The swimfins company, 23, rue Dupuy de Lôme 56000 VANNES. Prior to this return, the CUSTOMER must imperatively make a request for return via the address [email protected]
In case of the return of a defective or non-compliant product, BREIER The swimfins company will, after validation of the defect or nonconformity of the good(s)l refund the CUSTOMER the price of the articles concerned, the costs of return, and, in the case of an entire order being returned, shipping costs.
ARTICLE 12/ PERSONAL DATA
BREIER The Swimfins Company reserves the right to collect CUSTOMER data, including the use of cookies in accordance with current legislation.
The cookie is a computer file stored on the hard disk of the CUSTOMER's microcomputer. It aims to signal a previous visit of the CUSTOMER on the site https://www.breier-sports.com The CUSTOMER may disable the use of cookies by selecting the appropriate settings of his browser however such disabling may prevent the use of certain features of the site https://www.breier-sports.com
The user may expressly oppose the disclosure of their details. For this it is enough that they announce it by writing to BREIER The Swimfins Company, 23, rue Dupuy de Lôme 56 000 VANNES France or by email to : [email protected]
The automated processing of information, including the management of users' e-mail addresses, has been declared to the CNIL.
In accordance with the law of January 6, 1978, the user has a right to access and correct data that concerns them.
ARTICLE 13/ APPLICABLE LAW
These terms & conditions are subject to French law.
In the case of a dispute, BREIER The Swimfins Company and the CUSTOMER will try to resolve it amicably.
In accordance with Articles L 611-1 to L 611-3 and R 612-1 to R 616-2 of the French Consumer Code Code, all consumers have the right to have recourse free of charge to a consumer mediator for the amicable resolution of a dispute with a professional, where it has not been possible to resolve the consumer dispute directly and amicably with the professional. To this end, the professional guarantees the consumer effective recourse to a consumer consumer mediation. The consumer mediation body designated by the professional is the AMBO Association, which can be contacted: ● by post to the following address: AMBO 12, rue Colbert B 37 - 56100 LORIENT ● electronically by completing the dedicated form on the AMBO website: formulaire-mediation-consommation - AMBO consommation
For orders placed on the site, the CUSTOMER may also submit any complaints on the dispute resolution platform provided online by the European Commission: http://ec.europa.eu/consumers/odr/. The European Commission will transfer the complaint to the competent national ombudsmen.
ARTICLE 14/ DURATION
These terms & conditions apply to the entire duration of online services offered by BREIER The Swimfins Company.
ARTICLE 15/ LITIGATION
These conditions are subject to French law. In the case of a dispute, BREIER The Swimfins Company and the Customer will try to resolve it amicably.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, PARADE is a member of the FEVAD e-Commerce Mediator Service (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue la Boétie - 75008 Paris - http://www.mediateurfevad.fr. After prior written consumer action vis-à-vis BREIER The Swimfins Company, the Service of the Ombudsman can be seized for any unsuccessful consumer litigation. To find out how to contact the Ombudsman, click here.
ARTICLE 16/ PROOF
The computerized registers, kept in the computer systems of the company PARADE and its partners in reasonable safety conditions, will be considered as proof of communication, orders, and payments between the parties.
ARTICLE 17/ CUSTOMER SERVICE
For all information and to answer your questions, BREIER The Swimfins Company Customer Service is at your disposal:
- By phone: Monday to Friday from 10:00am to 5:00pm on +33 (0)297 44 48 48
- By email: [email protected]
- By postal mail to BREIER The Swimfins Company, Customer Service, 23, rue Dupuy de Lôme 56 000 VANNES France