Terms & Conditions

Table of contents

Article 1 - Presentation

Article 2 - Application of the general terms and conditions of sale

Article 3 - Site information and accessibility

Article 4 - Registration on the site

Article 5 - Commandes

Article 6 - Refus de traiter une commande

Article 7 - Respect des présentes cgv par le client

Article 8 - Prix et modalités de paiement

Article 9 - Livraison

Article 10 - Droit de rétractation - Remboursements et retours

Article 11 - Garanties - limitation de responsabilité

Article 12 - Invalidite partielle

Article 13 - Non renonciation

Article 14 - Parrainage

Article 15 - Médiation - loi applicable - juridiction compétente.

Article 16 - Propriété intellectuelle

Article 17 - Mentions légales

ARTICLE 1 - PRESENTATION

Our website: www.thebradery.com is published by The Bradery. The present conditions of sale are concluded, on the one hand, by the company SYMMETRIC with a share capital of 1392.20 euros, whose registered office is located at 23 rue du mail, 75002, Paris, registered with the Registre du Commerce et des Sociétés de Paris under number 839 442 258, hereinafter referred to as "SYMMETRIC" and managing the website thebradery.com and, on the other hand, by any individual or legal entity wishing to make a purchase via the website thebradery.com, hereinafter referred to as "the Customer".

ARTICLE 2 - APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE

The general terms and conditions of sale detailed below apply to all orders for products and services placed via the Site and the application with the company SYMMETRIC, by any person. The Customer must read the GCS prior to any order, the GCS being available on the Site.

The company SYMMETRIC reserves the right to adapt or modify these GTC at any time; the version of the GTC applicable to any sale is that appearing online on the site www.thebradery.com at the time of the order. Consequently, any order placed on the site www.thebradery.com implies full and unreserved acceptance of these terms and conditions of sale.

ARTICLE 3 - SITE INFORMATION AND ACCESSIBILITY

www.thebradery.com is an e-commerce site owned and operated by SYMMETRIC.

The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, except interruption, by the company SYMMETRIC or its providers, for the needs of its maintenance and / or security or force majeure (as defined below). The company SYMMETRIC can not be held responsible for any damage, whatever the nature, resulting from unavailability of the Site. The company SYMMETRIC can not guarantee that the Site will be free of anomalies, errors or bugs, or that the Site will operate without failure or interruption. It may in this regard freely determine at its sole discretion any period of unavailability of the Site or its contents. The company SYMMETRIC can not be held responsible for problems of data transmission, connection or unavailability of the network. SYMMETRIC reserves the right to change the site for technical or commercial reasons.

ARTICLE 4 - SITE REGISTRATION

Customer registration on the Site is validated by the company SYMMETRIC as soon as the customer receives an email confirming registration.

Lors de la création de son Compte ou de l’achat en tant que visiteur, le Client doit s’assurer de l’exactitude et de l’exhaustivité des données qu’il fournit. Le Client est tenu de toujours mettre à jour ses informations personnelles. En cas d’erreur dans le libellé des coordonnées du destinataire, la société SYMMETRIC ne saurait être tenue responsable de l’impossibilité de livrer des Produits.

ARTICLE 5 - COMMANDES

A confirmation email summarizing the Order (product(s), price, quantity ...) will be sent to the Customer by the company SYMMETRIC. To this end, the Customer formally accepts the use of electronic mail for confirmation by the company SYMMETRIC of the contents of his Order.

Before placing an order, the buyer must create an account on thebradery.com. At each visit, the buyer, if he wishes to order or view his account (order status, profile ...), must identify himself using this information. SYMMETRIC offers the buyer the option of ordering and paying for products via secure credit card payment (via Stripe, Alma, Paypal or Lydia): the following payment methods are accepted: credit cards and bank cards (visa®, mastercard®, american express®).

In accordance with the provisions of article L. 132-2 of the French Monetary and Financial Code, the commitment to pay given by means of a payment card is irrevocable.

Any order placed on the site implies that the customer has all the necessary authorizations to use the means of payment made available on the site.

Your order will only be dispatched once we have verified your payment method and received authorization to debit your card.

SYMMETRIC does not store customer bank details.

Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge of them and waiver of the right to invoke one's own terms and conditions of purchase.

All data provided and recorded confirmation will be proof of the transaction. If the buyer has an electronic adresse and if he informed it on his order form, the company SYMMETRIC will send him by e-mail confirmation of the registration of his order.

If the buyer wishes to contact the company SYMMETRIC, he can do so by email atadresse : Hello@thebradery.com

ARTICLE 6 - REFUS DE TRAITER UNE COMMANDE

The company SYMMETRIC reserves the right to withdraw at any time any product displayed on the Site and to replace or modify any content or information contained therein. Despite the best efforts of the company SYMMETRIC to meet the expectations of its customers, it may be that it is required to refuse to process an order after sending the Customer the email confirmation summarizing the order. The company SYMMETRIC can not be held liable to the Customer or a third party for the harmful consequences of the removal of a Product from the Site, or the replacement or modification of any content or information on this Site, or the refusal to process an Order after sending the confirmation email summarizing the Order. SYMMETRIC also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over payment of a previous order.

ARTICLE 7 - RESPECT DES PRÉSENTES CGV PAR LE CLIENT

In the event of non-compliance by the customer with these Terms and Conditions and in the event of fraud, attempted fraud or payment incident, the company SYMMETRIC reserves the right to suspend access to the services of the Site, and if necessary to terminate the customer's account, without prejudice to any damages that the company SYMMETRIC would be entitled to claim.

SYMMETRIC reserves the right to suspend or cancel any Order placed by the Customer, in the following situations, without this list being exhaustive:

In the event of suspension of the Customer account,
In the case of orders involving unusually large or unusual quantities for a single customer
In the event of fraud or attempted fraud
In the event of a payment incident.

ARTICLE 8 - PRICES AND PAYMENT TERMS

Product prices are shown on the Site in euros and include VAT. All prices displayed are calculated and include the value-added tax (VAT) applicable in France.

SYMMETRIC reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability. The Customer expressly acknowledges that the communication of his/her credit card number to SYMMETRIC constitutes authorization to debit his/her Account up to the price of the Products ordered. If necessary, SYMMETRIC will notify the Customer of the cancellation of an Order due to non-payment by sending an e-mail toadresse , the e-mail address provided by the Customer when registering on the Website. The data recorded and stored by the company SYMMETRIC constitute proof of the Order and all sales made. The data recorded by Paypal, Alma, Lydia or Stripe constitute proof of any financial transaction between the Customer and the company SYMMETRIC. Payment by instalments/deferred payment is available via our partner Alma. Payment security is ensured by Alma and its service providers. All payments are protected by 3D Secure.

Furthermore, we reserve the right to cancel your order for a legitimate reason, in particular in the following cases:

When there is an obvious error in the description of the Item and/or the price (for example, when an obviously derisory price is displayed and/or when there is an error in one of the essential characteristics of the product or the content of the Coupons);
If there is a dispute concerning the payment of your order ;
If we become aware of fraudulent use of our benefits and/or sponsorship program;
When we see multiple accounts created for a single user member
We also reserve the right to take any measures necessary to put an end to such irregularities (e.g. blocking or deleting the account).

Gift cards issued by THE BRADERY are valid for 6 months from the date of issue. After this period, they may no longer be used to make purchases, and no reimbursement will be made for unused cards.

Purchase amount

Only purchases between €80 and €2,000 are eligible for payment with Alma.

Fees

When paying in instalments with Alma, the customer does not pay any fees. Except in the following cases:

P4X: 1.95% per transaction

Alma is a telepayment manager and issues an electronic certificate as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 et seq. of the French Civil Code.

Cancellation

Any termination of the General Terms and Conditions between the Seller and the customer will result in the termination of the General Terms and Conditions between Alma and the customer.

ARTICLE 9 - DELIVERY

9.1 Modalités et suivi de livraison

Deliveries are made from Monday to Saturday by a carrier, whose contact details will be given to the Customer when the Order is placed (Colissimo - Mondial Relay, etc.).

The customer is informed by e-mail when the order has been dispatched. Delivery tracking details will be indicated.

The delivery charges applicable to the Order are those mentioned on the Site before the final validation of the Order and its payment, and depend on the delivery method chosen.

SYMMETRIC offers free delivery for all orders over 200€ shipped within France.

With the exception of :
- Certain products that are bulky, fragile or require a special delivery service are not eligible for free delivery, regardless of the value of the order. This detail is mentioned in the description of the items concerned when you place your order.
- Orders delivered to adresse outside mainland France.

As stated in article L216-L of the French Consumer Code, any risk of loss or damage to the goods is transferred to the consumer when he or a third party designated by him takes physical possession of the goods. In the event of loss of a parcel, please contact our team: hello@thebradery.com or fill in the following form: https://thebradery.gorgias.help/fr-FR/contact

Delivery is made to theadresse address indicated by the Customer when placing the order, it being specified that this must be theadresse address of the Customer, a natural person of his choice or a legal entity (delivery to his company).

In case of impossibility to make the Delivery, due to an erroneous adresse delivery no reshipment can be made and the Customer will be reimbursed within fourteen days from receipt of the request by the company SYMMETRIC, which removes from the refund the costs associated with the delivery of the goods which will be borne by the Customer.

9.2 Etat du Produit livré

It is the Customer's responsibility to check the condition of the Product and to inform SYMMETRIC of any reservations within two (2) working days of receipt of the Order at the following e-mail address:adresse ; hello@thebradery.com. The Customer may also refuse the Order at the time of delivery, if he/she considers that the package has been opened or if it is damaged or shows signs of deterioration.

The Customer is advised to open the package in the presence of the carrier when handing it over to the Customer, so that the Customer can check the condition of the Product delivered.

Any reservations that the customer wishes to bring to the attention of SYMMETRIC must first be indicated on the delivery slip, in the case of hand delivery of the Order.

SYMMETRIC reserves the right to investigate the delivery services and, if necessary, will inform the customer.

9.3 Délai de livraison et Retard de livraison

SYMMETRIC delivers orders within the period indicated before the final validation of the Order by the Customer in accordance with Article L216-1 of the French Consumer Code. Delivery of a good means the transfer to the consumer of physical possession or control of the good. This period is counted from the first working day after validation of the Order. Delivery times may vary from period to period. Returns via the site are only available for France. We do, however, accept returns from abroad, which are also at the customer's expense.

In order for these deadlines to be met, the customer must ensure that he has provided accurate and complete information concerning theadresse delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.). The company SYMMETRIC can not be held responsible for delays in delivery that are not its fault or justified by a case of force majeure.

As set out in article 216-6: I.-In the event of a breach by the trader of his obligation to deliver the goods or provide the service under the conditions set out in article L. 216-1, the consumer may :

1° Notify the professional of the suspension of payment of all or part of the price until the professional performs, under the conditions of articles 1219 and 1220 of the Civil Code;

2° Rescind the contract if, after having given formal notice to the professional to deliver or provide the service within a reasonable additional period, the latter has not complied within this period.

The contract is considered terminated on receipt by the professional of the letter or writing informing him of this termination, unless the professional has performed in the meantime.

II.-The consumer may, however, cancel the contract immediately:

1° Where the trader refuses to deliver the goods or provide the service or where it is clear that he will not deliver the goods or provide the service;

2° Where the trader fails to fulfil his obligation to deliver the goods or provide the service on the date or at the end of the period provided for in article L. 216-1, and this date or period constitutes an essential condition of the contract for the consumer. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request made by the consumer before the conclusion of the contract.

The provisions of this article are without prejudice to the award of damages.

The refund will then be made within fourteen (14) days of receipt by SYMMETRIC of the email from the Customer informing him of his wish to cancel the Order, taking into account the new delivery time.

In the event that the package is lost, SYMMETRIC may initiate an investigation with the carrier designated for the order. If necessary, the customer will be informed by sending an e-mail toadresse .

If the parcel is found, it will be sent to the Customer, who will be given a new delivery date, according to the same procedure described in this article.

In the event that the package is misplaced and considered lost, the Customer will be informed by the company SYMMETRIC and / or the carrier, and SYMMETRIC will refund the amount TTC Order placed by the Customer within fourteen (14) days from receipt by SYMMETRIC.

ARTICLE 10 - RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS

Article 10.1. Délai et modalités d’exercice du droit de rétractation

10.1.1 Délai d’exercice du droit de rétractation

Under the terms of Article L.221-18 of the French Consumer Code, the non-professional customer has a period of 14 days from receipt of the Order to exercise his right of withdrawal from the company SYMMETRIC, without having to justify his decision.

Note that in the case of an order for several goods delivered separately, or in the case of an order for a good made up of multiple batches or parts whose delivery is staggered over a defined period, the time limit runs from receipt of the last good, batch or part.

You can also cancel your order before delivery, provided it is not already "in preparation".

10.1.2 Modalités d’exercice du droit de rétractation

If the consumer wishes to exercise his right of withdrawal, he must inform SYMMETRIC within fourteen (14) days. In accordance with article L221-21 of the French Consumer Code, the consumer may :

Contact Customer Service directly from the returns platform available on the website via the following link: https://thebradery.com/pages/demander-un-retour

In this case, The Bradery will immediately send the customer an acknowledgement of receipt of the withdrawal.

Inform it in an unambiguous written statement

Fill in and send the withdrawal form available in the appendix to our GTC (article R221-21 of the French Consumer Code) toadresse :

SYMMETRIC Company

25, rue du Mail

75002, Paris France

If the Customer makes use of his right of withdrawal, he will be sent an acknowledgement of receipt of his declaration.

As stated in article L.221-23 of the French Consumer Code, the consumer must return the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with article L.221-21, unless the professional offers to collect the goods himself.

Products must not have been used, opened or damaged, and must be returned intact and unused.

When the right of withdrawal is exercised, SYMMETRIC reimburses the consumer for all sums paid, including delivery costs, without undue delay and no later than fourteen (14) days from the date on which it is informed of the consumer's decision to withdraw.

For contracts for the sale of goods, unless SYMMETRIC offers to collect the goods itself, SYMMETRIC may defer reimbursement until the goods have been collected or the consumer has provided proof of shipment of the goods, whichever comes first.

SYMMETRIC makes this refund using the same means of payment as the one used by the consumer for the initial transaction, unless the consumer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the consumer.

SYMMETRIC is not obliged to reimburse additional costs if the consumer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by SYMMETRIC.

The reimbursement of an order paid with a gift card or a credit note will automatically be made in the form of a gift card.

Article 10.2 Exclusion

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

1° Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer's express prior agreement and express waiver of his right of withdrawal;

2° Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period.

3° Supply of goods made to the consumer's specifications or clearly personalized;

4° Supply of goods liable to deteriorate or expire rapidly;

5° Supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;

6° The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;

7° The supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the trader;

8° Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;

9° Supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;

10° Supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;

11° Concluded at a public auction ;

12° Accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time;

13° The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer has given his express prior consent and expressly waived his right of withdrawal.

The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 7° of article L. 221-5.

After this 14-day period, the sale is firm and final.

Article 10.3. Modalités de retour de la Commande dans le cadre du droit de rétractation.

The right of withdrawal is exercised without penalty.

By virtue of article L.221-23 of the French Consumer Code, the consumer returns or restitutes the goods to the professional or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating his decision to withdraw in accordance with article L.221-21, unless the professional offers to collect the goods himself.

After this 14-day period, the sale is firm and final. The consumer may only be held liable in the event of depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods, provided that the professional has informed the consumer of his right of withdrawal, in accordance with 7° of article L. 221-5.

To return goods, customers can use the prepaid label system, available on the interface via the following link: https://thebradery.com/pages/demander-un-retour. Products must be returned toadresse on the returns form received by the customer.

Once the consumer has exercised his/her right of withdrawal, he/she has a maximum period of fourteen (14) days to return the products. To simplify the process, The Bradery offers its customers the option of using its prepaid label system.

If the customer does not wish to use the traditional procedure of returning the product via the prepaid label system, it is strongly recommended to return it via Colissimo with signature. In the event of a dispute, it will be up to the customer to prove that the parcel was received on our premises. In the event of a return, the customer is required to enclose with the returned product any element enabling the latter to be identified (invoice, order summary, etc.).

In accordance with article L221-23 paragraph 2 of the French Consumer Code, the cost of returning goods is borne by the customer. The amount will be deducted from the product refund. The risks are also at the customer's expense. The Bradery is not obliged to reimburse the consumer for any additional costs incurred if the latter has chosen a more expensive delivery method than that proposed by The Bradery

If, due to the nature of the product (volume, value, weight, etc.), it cannot be handled by our prepaid label system, the cost of returning the product is, by way of indication, between €50 and €200 (this price range is not binding The Bradery). The prices applied are specified in the product sheets for the items concerned.

Products must be unused, undamaged, damaged or soiled. Ideally, they should be returned in their original packaging, or wrapped and protected as much as they could be in their original packaging.

Article 10.4. Remboursement des Produits retournés dans le cadre du droit de rétractation

The Bradery undertakes to reimburse the consumer for all sums paid as well as delivery costs (article L221-24 of the French Consumer Code). However, The Bradery is not obliged to reimburse the consumer for any additional costs incurred if the latter has chosen a more expensive delivery method than that offered by The Bradery.

In accordance with article L221-24 of the French Consumer Code, The Bradery undertakes to reimburse consumers within fourteen (14) days from the date of receipt of the returned product or receipt of proof of shipment.

The company SYMMETRIC makes the refund using the same means of payment that was used for payment of the Order, unless agreed with the Customer for it to use another means of payment and insofar as the refund does not cause costs for the consumer. If the Customer fails to comply with these GTC, SYMMETRIC will not be able to refund the Products concerned.

Returns via the website are available for France and abroad.

Returns are free if the order is reimbursed in the form of a voucher (valid for 6 months after receipt). Returns are at the customer's expense, up to €6.95 per return. If the customer wishes, he or she can make the returns at their own expense, after making the corresponding request on our site, in the same way as a conventional return.

In all other cases, you pay the return shipping costs directly to the carrier of your choice.

Products must be unused, undamaged, damaged or soiled. Ideally, they should be returned in their original packaging, or wrapped and protected as much as they could be in their original packaging.

ARTICLE 11 - GARANTIES

11.1 Responsabilités

La société SYMMETRIC est tenue de livrer des Produits conformes aux dispositions contractuelles. Les Produits sont considérés comme étant conformes aux dispositions contractuelles si les conditions suivantes sont réunies :

-They must conform to the description and possess the characteristics shown on the Site;

-They must be suitable for the purposes for which products of this type are generally designed;

-they must meet the quality and resistance criteria that are generally accepted for products of the same type and that can reasonably be expected.

In addition, SYMMETRIC guarantees consumers against defects in conformity and latent defects for Products sold on the Site under the following conditions:

11.2 Garantie légale de conformité

Products sold on the The Bradery website are subject to the legal guarantee of conformity stipulated in articles L217-3 et seq. of the French Consumer Code and the guarantee against hidden defects stipulated in articles 1641 et seq. of the French Civil Code.

11.2.1 La garantie légale de conformité

In accordance with the provisions of Article L217-4 et seq. of the French Consumer Code (reproduced below), the products sold by SYMMETRIC on the Site www.Thebradery.com are subject to the legal guarantee of conformity.

Consumers have a period of two years from the date of delivery of the goods in which to invoke the legal warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity, and not the date of its appearance.

Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty applies to this digital content or digital service throughout the period of supply. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or service, and not the date of its appearance.

The legal warranty of conformity obliges the professional, where applicable, to provide all updates necessary to maintain the conformity of the good.

The legal guarantee of conformity gives the consumer the right to repair or replace the good within thirty days of his request, at no cost and without any major inconvenience to him.

If the good is repaired under the legal warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.

If the consumer asks for the good to be repaired, but the seller requires it to be replaced, the legal warranty of conformity is renewed for a period of two years from the date of replacement of the good.

The consumer may obtain a reduction in the purchase price by retaining the good or terminate the contract by obtaining a full refund against return of the good, if :

1° The professional refuses to repair or replace the good;

2° The goods are repaired or replaced within thirty days ;

3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-conforming good, or if he bears the cost of installing the repaired or replacement good;

4° The non-conformity of the property persists despite the seller's unsuccessful attempt to bring it into conformity.

The consumer is also entitled to a reduction in the price of the goods, or to rescission of the contract, if the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. In this case, the consumer is not obliged to request repair or replacement of the goods beforehand.

The consumer is not entitled to rescind the sale if the lack of conformity is minor.

Any period during which the product is immobilized for repair or replacement suspends the warranty remaining until delivery of the repaired product.

The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who obstructs the implementation of the legal guarantee of conformity in bad faith is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual sales (article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects in application of articles 1641 to 1649 of the French Civil Codefor a period of two years from the date of discovery of the defect. This warranty entitles the consumer to a price reduction if the good is kept, or to a full refund in exchange for the return of the good.

In accordance with the provisions of article L217-10 et seq. of the French Consumer Code, the customer has the right to have the goods repaired or replaced, or, failing this, to have the price reduced or the contract rescinded, under the conditions set out in the legal provisions reproduced below.

11.2.2 La garantie des vices cachés

The customer may also invoke the legal warranty for latent defects in the item sold, in accordance with articles 1641 et seq. of the French Civil Code (reproduced below).

According to article 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair this use to such an extent that the buyer would not have purchased it, or would only have paid a lesser price for it, had he been aware of them".

The legal warranty for hidden defects allows the customer, within a period of two years from the discovery of the defect, to request reimbursement of the total amount of the Product which has proved to be unfit for use, or to request reimbursement of part of the price of the Product if he/she decides to keep it, in accordance with the provisions of article 1644 of the French Civil Code.

To do so, the Customer must prove that the defect existed prior to delivery of the product and was not apparent at the time of delivery.

11.2.4 -Modalités de mise en œuvre des garanties

To invoke these guarantees, the customer must contact the Customer Relations department by sending an e-mail toadresse hello@thebradery.com.

This request for implementation must indicate the lack of conformity or hidden defect found. SYMMETRIC reserves the right to request one or more photos to support the claim.

Upon receipt of this request, SYMMETRIC will send the customer a notice of receipt of the request.

The Product must then, in case of implementation of the Warranty, accepted by the company SYMMETRIC be returned, with the references of the initial Order and a copy of the claim stating the reason for the return of the Product, to the headquarters of the company SYMMETRIC.

Please note the following legal provisions:

- Art. L217-3 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 was made his responsibility by the contract or was carried out under his responsibility."

- Art. L217-5 of the French Consumer Code: "The goods conform to the contract: 1° If it is fit for the purpose usually expected of similar goods and, where applicable (a) if it corresponds to the description given by the seller and possesses the qualities that the seller presented to the buyer in the form of a sample or model ; (b) if it has the qualities that a buyer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter. "

- Art. L217-7 of the French Consumer Code: "Conformity defects which appear within twenty-four months of delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is six months. The seller may rebut this presumption if it is not compatible with the nature of the good or the lack of conformity claimed."

- Art. L217-8 of the French Consumer Code: "The buyer is entitled to demand that the goods conform to the contract. He may not, however, contest conformity by invoking a defect of which he was aware or could not have been unaware when he entered into the contract. The same applies when the defect is due to materials supplied by the buyer.

- Art. L217-9 of the French Consumer Code: "In the event of a lack of conformity, the buyer may choose between repair and replacement. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other option, given the value of the good or the importance of the defect. In this case, the seller is obliged to proceed according to the method not chosen by the buyer, unless this is impossible.

- Art. L217-10 of the French Consumer Code: "If repair or replacement of the good is impossible, the buyer may return the good and have the price refunded, or keep the good and have part of the price refunded. The same option is available to the buyer: 1° If the solution requested, proposed or agreed in application of article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyer, given the nature of the good and its intended use. However, the sale may not be rescinded if the lack of conformity is minor.

- Art. L217-11 of the French Consumer Code: "The application of the provisions of articles L. 217-9 and L. 217-10 is free of charge for the buyer. These same provisions do not prevent the award of damages.

- Art. L217-12 of the French Consumer Code: "Any action resulting from a lack of conformity must be brought within two years of delivery of the goods.

- Art. L217-13 of the French Consumer Code: "The provisions of the present section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as set forth in articles 1641 to 1649 of the French Civil Code or any other action of a contractual or extra-contractual nature recognized by law.

- Art. 1641 of the French Civil Code: "The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had he been aware of them."

- Art.1642 of the French Civil Code: "The seller is not liable for apparent defects of which the buyer has been able to convince himself."

- Art. 1643 of the French Civil Code: "He is liable for hidden defects, even if he is unaware of them, unless he has stipulated that he will not be obliged to provide any guarantee.

- Art. 1644 of the Civil Code: "In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price refunded."

- Art. 1646 of the French Civil Code: "If the seller was unaware of the defects in the item, he will only be obliged to refund the price and reimburse the buyer for the costs incurred by the sale.

- Art. 1648 of the French Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect. (...) "

11.2.5 Exclusion de Garanties

The above warranties do not apply to products modified or repaired by the Customer, nor if the Customer has integrated or added any element whatsoever to the Product.

The warranty does not apply to apparent defects under the legal warranty for hidden defects.

Similarly, the warranty will not cover products damaged by misuse or improper packaging when returned to SYMMETRIC.

ARTICLE 12 - INVALIDITE PARTIELLE

If one or more of the stipulations of these GTC are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.

ARTICLE 13 - NON RENONCIATION

No tolerance, inaction or inertia on the part of SYMMETRIC shall be construed as a waiver of its rights under the GTCS.

ARTICLE 14 - PARRAINAGE

SYMMETRIC offers its customers a sponsorship program which enables customers to receive discounts on their next order. The sponsorship allows the sponsor to offer a 15 euro discount to their network of friends and family on their first order, and in return receive 15 euros on their next order. The referral will be able to use this referral credit on future orders on the site www.thebradery.com

A sponsor can refer up to 100 friends and obtain up to 1,000 euros in sponsorship credit.

Each entry must be linked to a unique adresse IP. These conditions will lead to the cancellation of the sponsorship: adresse IP similar between the sponsor and the sponsoree, self-sponsorship and adresse similar e-mail.

The sponsor receives his sponsorship link when registering for the program. This unique link may only be used for personal, non-commercial purposes. This means that this link cannot be communicated publicly on any media such as the Internet (discount sites, affiliation sites, forums, etc.).

Any code communicated publicly will result in the cancellation of sponsorship credits.

For the sponsorship to be taken into account, the customer must enter the sponsorship code when placing the order. The total amount of items in the order must be at least €50. Customers may only benefit from one referral per order.

The company SYMMETRIC reserves the right, whenever necessary, to take all reasonable measures to protect against fraud, including more accurately verify the identity, age, or any other element concerning a customer.

If you participate in this referral program, you will be deemed to have accepted, and be bound by, these terms and conditions.

ARTICLE 15 - MEDIATION - LOI APPLICABLE - JURIDICTION COMPETENTE.

The sale of Products is subject to French law.

The choice of French law cannot, however, deprive the consumer customer residing outside France of the application of the mandatory consumer protection provisions of the law of the country in which the customer has his habitual residence, provided that SYMMETRIC carries on its business or directs its business to that country.

In the event of a dispute arising from an Order or sale, the Customer may submit a written complaint to Customer Service hello@thebradery.com. In the event of a complaint which has not been amicably resolved by the Customer Service Department, and for a period of one (1) year, the Customer may have recourse free of charge to the CM2C mediation service, of which SYMMETRIC is a member, by e-mail toadresse cm2c@cm2c.net or by post to: CM2C - 49, rue de Ponthieu à Paris (75008) or on their website https://www.cm2c.net/, in accordance with article L. 612-1 of the French Consumer Code. The Ombudsman Service may be contacted for any consumer dispute for which an amicable settlement has not been reached.

The customer may also contact the European Commission's online dispute resolution platform atadresse http://ec.europa.eu/consumers/odr/, particularly in the event of a cross-border dispute.

In addition, the Customer always has the right to take legal action to resolve any dispute. Any dispute shall be submitted exclusively to the competent courts within the jurisdiction of the Paris Court of Appeal, or, if the Customer is a consumer, to any legally competent court.

ARTICLE 16 - PROPRIETE INTELLECTUELLE

All elements reproduced on the site (including photographs, videos, logos, graphics, texts, data, etc.) are the exclusive property of SYMMETRIC SAS and are protected by copyright, trademark law, unfair competition law and database law.

Any use of content published under the name "THE BRADERY" on social networks such as Google, Tiktok, Instagram, Facebook and LinkedIn is strictly prohibited without prior contractual authorization from SYMMETRIC SAS. The content published includes all creations, such as inventions, literary and artistic works, names, titles, logos, images or design etc..

The social networks mentioned and constituting the property of SYMMETRIC SAS are the following:

https://www.tiktok.com/@thebradery

https://www.instagram.com/thebradery/

https://www.linkedin.com/company/the-bradery/

Any reproduction or distribution, even partial, of these elements, without the prior and express authorization of SYMMETRIC SAS, exposes offenders to legal proceedings.

The products marketed by SYMMETRIC SAS are also protected by intellectual property law and may not be copied. SYMMETRIC SAS reserves the right to take legal action against any third party who copies its products.

ARTICLE 17 - MENTIONS LÉGALES
Thebradery.com est titulaire de la licence d'agent de voyage n° IM075220043 délivrée par la Préfecture de Seine Saint-Denis et dispose de la garantie financière auprès de la compagnie Groupama Assurance-crédit et Caution, 8-10 rue d'Astorg - 75008 Paris (entreprise régie par le Code des assurances).

"Pursuant to Article L.223-2 of the French Consumer Code, we inform our customers of their right to register free of charge on the opposition list for telephone canvassing, by clicking on the following link: https://www.bloctel.gouv.fr/ "

Contact :

Telephone number: +33 07 68 91 72 77

Adresse electronics: hello@thebradery.com

Adresse postal : The Bradery 23 rue du mail, 75002, Paris

Dernière modification : 02 mai 2024

APPENDIX 1

(Please complete and return this form only if you wish to withdraw from the contract).

Attention: Société SYMMETRIC, 23 rue du mail, 75002 Paris - France hello@thebradery.com :

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/provision of services (*):

Ordered on (*)/received on (*) :

Name of consumer(s) :

Adresse of the consumer(s) :

Signature of consumer(s) (only in the case of notification of this form on papier) :

Date :

(*) Delete as appropriate.

LEGAL INFORMATION

I. Publisher

SYMMETRIC, a company with share capital of 1,338.90 euros, headquartered at 23 rue du Mail, registered in the Nanterre Trade and Companies Register under number 839 442 258.

The publication director is Mr. Timothée Linyer.

The site is hosted on Shopify.

Contact: hello@thebradery.com

The present Legal Notice of the Website is intended for customers and Internet users visiting the Website.

II. Intellectual property

All textual, visual and audio elements on the www.thebradery.com website are the exclusive property of The Bradery and are protected by intellectual property and copyright laws.
As such, any reproduction of the The Bradery brand or www.thebradery.com site, in whole or in part, is strictly prohibited.
Links to our website may be set up, provided they are fair and do not damage The Bradery 's reputation. It is also forbidden to establish a link in such a way as to suggest a partnership or association if these do not exist.

III. cookies

Your use of the Site is subject to this Cookie Statement. Your use of the Site is also subject to all applicable laws and regulations, including those governing copyright, trademarks and all other intellectual property rights.

In order to facilitate your browsing on the Site, SYMMETRIC uses cookies or similar systems. These cookies offer you a better quality of service by recording information about your browsing.

On this Site, cookies have several functions: firstly, they enable you to navigate efficiently between pages and above all to improve your experience on the Site. They also help to ensure that online advertising is relevant to you and your interests.
The cookies used on this Site fall into four categories: strictly necessary cookies, cookies contributing to Site performance, cookies recording functional requests and targeted cookies.
By using this Site, you agree to the placement of these cookies on your device.

It is possible to restrict or block cookies from the Site by configuring the settings of your browser (or any other website). Your browser may contain information on how to adjust your settings. You can also visit www.allaboutcookies.org for general information on cookies and how to adjust cookie settings in various browsers.

Please note that restricting cookies may have an impact on the functionality of the Site.

Connection