GTC

ARTICLE 1 – PURPOSE AND SCOPE


These general terms and conditions of sale (hereafter "GTS") apply to all sales made by Réjane Brocante for the products (hereafter "Product") offered on the website www.rejanebrocante.com (hereafter "Product"). -after “Site”) to consumer, non-professional customers in France (hereinafter “Client”). The Customer declares that he has the legal capacity to contract. Acceptance of the GCS is materialized by a checkbox when ordering. The contract entered into with Réjane Brocante consists solely of the GCS and the special conditions mentioned in the summary of the order (hereinafter "the Contract"). Any contrary condition of the Customer will therefore, in the absence of express acceptance, be unenforceable against Réjane Brocante, regardless of when it may have been brought to its attention.

ARTICLE 2 - IDENTITY OF THE SELLER

The Site is operated by Laëtitia Martel, under the trade name Réjane Brocante, registered with the RCS of Rouen under number 885 376 244. Its main establishment is located at 38 rue de Neuvillette 76240 Mesnil-Esnard. Réjane Brocante can be contacted for any questions or information:

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

  • By phone: at 0619396803.

ARTICLE 3 – PRE-CONTRACTUAL INFORMATION

The characteristics of the Products, and in particular the specifications, their condition, their illustrations and indications of dimensions or capacity, are described on the Site.

However, the Customer has the possibility of asking questions about the characteristics of a Product by sending a request by email to the following address: rejanebrocante@gmail.com.

In all cases, the Customer is informed that the Products offered on the Site are second-hand objects, known as "flea market" objects which cannot meet the same requirements as a new product. Indeed, these can be old and:

  • Have imperfections and/or signs of wear and use,

  • But also not comply with the standards, in particular safety, in force on French territory.

With regard to second-hand goods, the Customer is also informed that the quantities available are, most of the time, limited to a single copy.

ARTICLE 4 – PRICES

4.1 – Product Prices:

The Products are sold at the prices in effect on the website www.rejanebrocante.com (hereinafter “Site”) at the time the order is placed. In all cases, prices are expressed in euros, all taxes included. These prices do not include any shipping and transport costs, which are invoiced in addition. Any change in the VAT rate will be applicable at the time of validation of the order by the Customer.

The terms of delivery are detailed below in article 8.

ARTICLE 5 – PROMOTIONAL CODES

The promotional codes issued by Réjane Brocante (hereinafter “Promotional Codes”) are only used for promotional purposes.

Promotional Codes must be used on the website www.rejanebrocante.com and expire on the date indicated in the conditions communicated with the Promotional Code. Promotional Codes may be subject to additional terms communicated with the Promotional Code.

The Promotional Codes cannot be used on another website operated by Réjane Brocante, its subsidiaries or any other legal or private person, unless these General Conditions or the conditions communicated with the Promotional Code provide for it.

Promotional Codes may not be resold, transferred, redeemed for cash, or used on any other account, except as required by law. Unused Promotional Codes on a Réjane Brocante account cannot be transferred to another account.

ARTICLE 6 – ORDER

The ordering and order validation process includes several stages during which the Customer, after selecting or ordering the Product(s), must validate a detailed summary of the order. By validating the order, the Customer expressly declares to accept the GCS without restriction or reservation.

After validation of the order by the Customer, Réjane Brocante confirms it by e-mail. In the event of unavailability of a Product, Réjane Brocante informs the Customer and may cancel the order. Furthermore, Réjane Brocante reserves the right to refuse or cancel any order or delivery in the event of:

  • Existing dispute with the Customer,

  • Total or partial non-payment of a previous order by the Customer,

  • Refusal to authorize payment by bank card from banking organisations,

  • Non-payment or partial payment.

The Customer will, where applicable, be reimbursed for the sums he has paid for the canceled order no later than thirty days from the date of cancellation of the order.

ARTICLE 7 – PAYMENT CONDITIONS

7.1 – Method of payment:

The Customer pays for his purchases by bank card:

Only the following credit cards are accepted: Visa, Mastercard, American Express. The Customer must indicate the number of his card, its expiry date, the name of the cardholder as well as the visual cryptogram directly in the area provided for this purpose. The amount of the order is debited when the order is confirmed by Réjane Brocante.

The transmission of your personal information and your bank data is fully secured by the SHOPIFY PAYMENTS system for the transmission of your payment data, ensuring a high level of security for your transactions. This information is only accessible to our banking partner, so that he can get in touch with your bank. At no time can Réjane Brocante or any other third party access your bank details.

7.2 – Invoicing:

An invoice is drawn up by Réjane Brocante and sent to the Customer with the delivery of the order.

ARTICLE 8 – SHIPPING AND DELIVERY OF PRODUCTS

8.1 - Shipping policy

All orders are processed within 3 to 5 working days (excluding weekends and public holidays) after receipt of your order confirmation email. You will receive a new notification when your order has been shipped.

8.2 – Place of delivery:

The Products can be delivered in metropolitan France and worldwide. The Products ordered by the Customer will be delivered to the address and according to the methods provided for when ordering.

8.3 – Terms of delivery:

  • For bulky items, by Réjane Brocante (within a radius of 10 km around Mesnil-Esnard) or by carrier: according to the rate mentioned by Réjane Brocante at the Customer's request made by e-mail to the following address: rejanebrocante@ gmail.com .

  • By hand delivery, by appointment and without delivery costs, to the Réjane Brocante establishment located at 38 rue de Neuvillette 76240 Mesnil-Esnard.

  • For items whose weight and dimensions allow it, by Mondial Relay (calculation carried out before payment at the time of the order on our site).

  • When the Customer has himself taken charge of using a carrier that he chooses himself, the delivery is deemed to have been made upon delivery of the products ordered by the Seller to the carrier in accordance with the provisions of Articles L. 216-1 and L. 216-4 of the consumer code. The Customer then acknowledges that it is up to the carrier to make the delivery and has no warranty claim against the Seller in the event of non-delivery of the products transported.

8.4 – Delivery costs:

The amount of the delivery costs is calculated according to the weight and size of the Products delivered as well as the place of delivery and/or the delivery methods chosen by the Customer. The amount of the delivery costs is indicated to the Customer prior to any validation of his order. It is expressed in euros all taxes included.

8.5 – Delivery time:

The delivery time is mentioned to the Customer as exactly as possible before the validation of the order. In the absence of any indication as to the delivery date or appointment for the delivery of the Product, the Product will be delivered no later than thirty days after the order.

8.6 – Late delivery:

In the event of late delivery, the Customer must report this delay within 8 days to Réjane Brocante by e-mail addressed to rejanebrocante@gmail.com.

In the event of late delivery or, failing that, no later than thirty days after the order, the Customer may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another durable medium, if, after having asked Réjane Brocante to deliver the Product within a reasonable additional period, the latter did not do so within this period.

The contract is considered resolved upon receipt by Réjane Brocante of the letter or writing informing it of this resolution, unless Réjane Brocante has complied in the meantime. If the Contract is terminated, Réjane Brocante will reimburse the Customer for all sums paid within fourteen days of the date on which the Contract was terminated.

8.7 – Reception:

Upon receipt of the Product(s) ordered, the Customer must verify the conformity of this(these) Product(s). Any anomaly concerning the delivery (Missing or broken product, damaged package, etc.) must imperatively be notified within 3 working days after receipt to the carrier and to Réjane Brocante by e-mail: rejanebrocante@gmail.com. These reservations must be sufficiently precise and complete to establish the existence and extent of the damage.

ARTICLE 9 – RIGHT OF WITHDRAWAL AND RETURN POLICY

9.1 – Exercise of 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 intact, in the original state. It must not have been used. The withdrawal period expires fourteen days after the day:

  • Either where the Customer, or a third party other than the carrier and designated by the Customer, takes physical possession of the Product(s);

  • Either 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 event that 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 Réjane Brocante – 38 rue de Neuvillette – e-mail: rejanebrocante@gmail.com – of its decision to withdraw from the Contract by means of an unambiguous declaration (for example, letter sent by post or e-mail). For the withdrawal period to be respected, it is sufficient for the Customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.

9.2 – Exclusion of the right of withdrawal:

In accordance with article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised, in particular for contracts:

Supply of goods made to customer specifications or clearly personalized.

9.3 – Effects of withdrawal:

In the event of withdrawal from the Contract by the Customer, the latter must return or return the Product(s) to Réjane Brocante without undue delay and, in any event, no later than fourteen days after the Customer has communicated its decision to withdraw from the Contract. This deadline is deemed to have been met if the Customer returns the Product(s) before the expiry of the fourteen-day period. The Customer must bear the direct costs of returning the Product(s).

Réjane Brocante will reimburse all payments received from the Customer, including delivery costs (with the exception of additional costs arising from the fact that the Customer has chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by Réjane Brocante). Réjane Brocante will proceed with the refund using the same means of payment as that used by the Customer 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 responsibility of the Customer is engaged in the event of depreciation of the Product(s) resulting from manipulations other than those necessary to establish the nature and characteristics of the Product(s).

9.4 - Return policy

If you wish to return your order for any reason, you may do so within 14 days of your purchase. Return costs are the responsibility of the Customer. Items must be returned in their original packaging. Returned items must show no signs of damage. Upon receipt of the product, the Customer will be reimbursed using the means of payment used during the purchase, within five working days after receipt of the product.

For any further information and to inform us of a possible return, contact us: rejanebrocante@gmail.com.

ARTICLE 10 – RETENTION OF OWNERSHIP

The Product(s) ordered remain(s) the property of Réjane Brocante until full collection of the price by Réjane Brocante. In the event of a payment incident, the Customer undertakes to return the Product(s) received to Réjane Brocante, upon first request. On the other hand, on the effective date of taking possession of the Product(s), the risks (in particular of loss, theft or deterioration) concerning the Product(s) delivered are assumed by the Customer.

ARTICLE 11 – WARRANTY

The Customer is informed that the Products sold by Réjane Brocante are likely, subject to compliance with the conditions provided for by the legal texts, to benefit from the legal guarantee of conformity (articles L 217-4 to L.217-13 of the Code of consumption) and the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code).

In the case of second-hand goods of a user nature, the defect or lack of conformity must be particularly serious.

In accordance with article L211-2 of the Consumer Code, the Customer is informed that when acting as a legal guarantee of conformity, he:

  • Benefit from a period of two years from the delivery of the property to act;

  • Can choose between repairing or replacing the good, subject to the cost conditions provided for in article L. 217-9 of the consumer code;

  • Is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods, in the case of second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted. The Customer may also decide to implement the guarantee against hidden defects of the item sold within the meaning of Article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.

Article L217-4 of the Consumer Code: The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Article L217-5 of the Consumer Code: The property complies with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Article L217-12 of the Consumer Code: The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Article L217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code: The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have it. acquired, or would have given only a lesser price, if he had known them.

Article 1648 paragraph 1 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

ARTICLE 12 – RESPONSIBILITY

Réjane Brocante cannot be held responsible for service interruptions due to the characteristics and limits of the Internet network, particularly in the event of interruption of access networks, technical performance and response times for consulting, querying, downloading or transferring the information contained on the Site. Réjane Brocante is in no way responsible for interruptions of service on the Site related to technical or other difficulties.

Furthermore, Réjane Brocante is in no way responsible for developments in reading software that have the effect of preventing compatibility with any technical protection measures.

Given the intrinsic characteristics of the Internet, Réjane Brocante does not guarantee the Customer against the risks, in particular, of misappropriation, intrusion, contamination and hacking of his data, programs and files. It is the Client's responsibility to take all appropriate measures to protect its own data, programs and files, in particular against computer viruses.

In general, Réjane Brocante is not liable when the poor performance or non-performance of the obligations resulting from the sale is attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party to the contract, or to a case force majeure.

In the event that Réjane Brocante is held liable, it is expressly agreed that it will only be liable for compensation for the direct damage of which the Customer will provide proof within the meaning of the new article 1231-4 of the Civil Code. In any event, except for gross negligence, intentional or fraud, the total liability of Réjane Brocante is limited, all generating facts combined, to an amount equal to one hundred percent (100%) of the amount invoiced for the order concerned.

Moreover, Réjane Brocante does not assume any commitment or responsibility, in any form whatsoever, with regard to:

  • The consequences in the event of failure of a Customer's computer equipment and/or networks (computer, telephone, etc.);

  • The consequences in the event of interruption or failure of the Internet network and/or Internet access services;

  • Misuse, use for professional purposes, normal wear and tear, negligence or lack of maintenance on the part of the Customer.

ARTICLE 13 – FORCE MAJEURE

None of the Parties can be held liable for the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of a case of force majeure as defined in the new article 1218 of the Civil Code (here - after the "Force Majeure"). The Party that suffers the Force Majeure must notify the occurrence thereof without delay to the other Party. In the event of the occurrence of Force Majeure, if the impediment is temporary, the performance of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in the new articles 1351 and 1351-1 of the Civil Code.

ARTICLE 14 – PERSONAL DATA

The personal data requested is necessary to process the order. You acknowledge and accept that the order cannot be processed if this information is incomplete, obsolete or inaccurate.

In application of the GDPR and articles 38 to 40 of law n°78-17 of January 6, 1978, as amended, relating to data processing, files and freedoms, you have a right of access, rectification, limitation, opposition, erasure and portability of data concerning you. You also have the right to formulate general or specific directives relating to the storage, erasure and communication of your personal data after your death in accordance with article 40 II of law 78-17 of January 6 1978.

To this end, you can make the changes by sending your request to Réjane Brocante:

  • By post to the following address: 38 rue de Neuvillette 76240 Mesnil-Esnard

  • Or by e-mail at the following address: rejanebrocante@gmail.com

ARTICLE 15 – OPPOSITION TO TELEPHONE SOLICITATION

If the Customer's telephone number is collected when placing his order, the latter is informed that his telephone details will only be used for the proper execution of his orders or to contact him in order to offer him new services. .

Without prejudice to the foregoing, in accordance with Articles L223-1 and L223-2 of the Consumer Code, the Customer is also informed that there is a list of opposition to "Bloctel" cold calling on which it is possible to s register online at the following address: https://conso.bloctel.fr.

ARTICLE 16 – Intellectual property – PROTECTION OF DATABASES

All elements of the Site, whether visual or audio, including the underlying technology, as well as the Products are protected by intellectual property rights such as copyright, trademark or patent. They are the exclusive property of Réjane Brocante or its content providers. Any reproduction, representation or reuse, in whole or in part, on any medium is prohibited. Failure to comply with this prohibition constitutes an infringement which may engage the civil and criminal liability of the counterfeiter. The Customer who has a personal Internet site and who wishes to place, for personal use, on his site a simple link referring directly to the Site, must request prior written authorization from Réjane Brocante, without this authorization can be considered as an implicit agreement of affiliation. In all cases, any link must be removed on simple request from Réjane Brocante.

It is forbidden to systematically extract and/or reuse parts of the content of the Réjane Brocante website without its prior written authorization. In particular, it is forbidden to use a data suction robot, or any other similar tool for collecting or extracting data to extract (in one or more times), to reuse a substantial part of the Réjane website Flea market without its prior written authorization. It is forbidden to create and/or publish own databases which include substantial parts (eg prices and lists of products) of the Réjane Brocante website without its prior written authorisation.

ARTICLE 17 – PARTIAL NON-VALIDITY

If one or more stipulations of the GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.

ARTICLE 18 – MODIFICATION OF THE SITE OR THE CONDITIONS OF SALE

Réjane Brocante reserves the right to make changes to its Website, its procedures and its Conditions of Sale at any time. Each Customer is subject to the procedures and Conditions of Sale in force at the time he orders a Product, unless a change to these procedures and conditions is required by an administrative or governmental authority (in this case, this modification may apply to orders previous ones he made).

ARTICLE 19 – CONVENTION OF PROOF

In addition to the legal provisions recognizing the probative value of electronic writing, the Customer acknowledges the validity and probative force of e-mails, SMS, and notifications and digital recordings made by Réjane Brocante.

ARTICLE 20 – COMPLAINTS

Any complaint can be addressed to Réjane Brocante:

  • Either by registered letter with acknowledgment of receipt to the following address: 38 rue de Neuvillette 76240 Mesnil-Esnard

  • Either by e-mail to the following address: rejanebrocante@gmail.com

ARTICLE 21 – MEDIATION

When the Customer is a consumer, he may, in accordance with Article L.111-1 of the 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

Email: mediateurduecommerce@fevad.com

Website: www.mediateurfevad.fr

ARTICLE 21 – APPLICABLE LAW – DISPUTE

The T&Cs are subject to French law. In case of translation, the French version prevails.