General terms and conditions of sale

Article 1: Subject - Scope of application

The BRANDT France company, with a capital of 47,082,000 euros – head office: 89 Boulevard Franklin Roosevelt – 92500 Rueil-Malmaison – RCS Nanterre 801 250 531 (hereinafter “BRAND”), operates a website for non-professionals called sav.groupebrandt.com. (hereinafter referred to as “sav.groupebrandt.com” or the “Site”), an online sales site for spare parts, accessories, consumables or warranty extensions dedicated to SAUTER, BRANDT, VEDETTE and DE DIETRICH brand appliances (hereinafter referred to as “the Products”).

These general terms and conditions of sale (hereinafter referred to as the “Conditions of Sale”) govern the contractual relationship between any non-professional customer (hereinafter referred to as the “Customer”) and BRANDT France.

By confirming their order, according to the terms and conditions defined in articles 6 and 7 below, the Customer declares that they:

  • have read the Terms and Conditions of Sale which will have been submitted to them beforehand for reading,
  • accept them without reservation.

Article 2: Access to the website

The Customer is personally responsible for setting up the IT and telecommunications resources that provide access to the sav.groupebrandt.comwebsite. The Customer shall bear the telecommunications costs for accessing the Internet and using the Website.

Article 3: The Products

The Products offered by sav.groupebrandt.com comply with current French legislation and the standards applicable in France.

In accordance with the provisions of article L.111-1 of the French Consumer Code, the Customer may, prior to placing an order, view the essential characteristics of the Product(s) they wish to order on the Website.

In order to improve the presented Products, sav.groupebrandt.com and its suppliers reserve the right to make modifications to any their characteristics with regard to technical developments.

Article 4: Availability of the Products

The offers presented on the Website are valid while stocks last.

sav.groupebrandt.com reserves the right to modify the range of products according to the constraints linked to its supply.

The Website displays the forecast availability of the Products, but only once the order has been processed, after it has been validated by the Customer, is it possible to accurately check the actual availability of the corresponding Products.

In case of:

  • unavailability of an ordered Product, sav.groupebrandt.com will inform the Customer within three (3) days and will offer either a new delivery time or the cancellation of the order of the unavailable Product, at the choice of the Customer;
  • the partial availability of one or more Products ordered, sav.groupebrandt.com will inform the Customer within three (3) days and will offer, subject to the Customer’s agreement, to split the order, so that the available portion will be dispatched within the applicable deadlines, the missing portion being sent as soon as the Products in question are available. In the event of refusal by the Customer, the initial order will be cancelled and the Customer will be reimbursed.

In the event of total or partial cancellation of the order, an email of cancellation will be sent to the Customer, who will be reimbursed within fourteen (14) days following the date of cancellation. This reimbursement will constitute the Website’s only obligation towards the Customer.

Article 5: Prices

The selling prices of the Products sold online on the Website, indicated in Euros, inclusive of all taxes, are those in force at the time of confirmation of the corresponding order by the Customer. The selling prices of the Products may be modified by sav.groupebrandt.com at any time.

They do not include packing or delivery costs (hereinafter referred to as: “the Shipping Costs”). The Shipping Costs will be indicated before the order is confirmed the Customer.

All prices are subject to obvious typographical errors. Should such an error occur, sav.groupebrandt.com shall contact the Customer to inform them of the error made by its services and remind them that the Sales Order will be invoiced according to the corrected conditions. However, in the event of refusal of the corrected conditions, the Customer shall be free to cancel the corrected Order and the corresponding payment made by them shall be refunded to them within fourteen (14) days following the date of cancellation.

Article 6: Order

When placing an order, the Customer warrants that they have full legal capacity to adhere to the terms and conditions of sale. It should be borne in mind that a Customer placing an order is not acting as a professional and is prohibited from reselling the Product(s) included in their order, in their new condition, to other persons, professionals or private individuals (in particular through auction sites, sales between private individuals and classified ads).

The Customer selects the Products they wish to purchase by clicking on the “Add to basket” icon. A screen summarises the Products in the Customer’s basket, their price, and the value of the Shipping Costs. The Customer then clicks on the “Place an order” icon, and must specify:

– their contact details: surname, first name, delivery address, e-mail address, telephone number

– the chosen means of payment.

The Customer checks the terms and conditions of their order. If a data entry error has been made, the Customer may either cancel their order by returning to the previous pages or closing the current session of the site, or modify the content of their order by re-entering data. At the moment when the Customer places their order by clicking on the icons “Place order” and “I accept the General Terms and Conditions of Sale”, they have accepted the prices and quantities of the Products ordered and the amount of the Shipping Costs.

sav.groupebrandt.com reserves the right to ask the Customer to prove their identity and address by providing a copy of their proof of address and identity document.

When an order is taken, sav.groupebrandt.com will provide the Customer with an Internet order number. The Customer’s order will be confirmed by e-mail by sav.groupebrandt.com. The sale will not be considered to be final until the full price has been received.

sav.groupebrandt.com recommends that the Customer keep the order confirmation information on a paper or electronic document.

sav.groupebrandt.com cannot be held liable in the event of force majeure preventing it from fulfilling any order from a Customer

Article 7: Payment

Payment of the total amount of the order will be made when the Customer validates the order. At no time can the sums paid be considered as a deposit or advance payment.

All orders are payable in Euros. All order payments must be made by credit card.

The card will be debited at the time the order is taken or in the days that follow. Payment is made on the secure bank server of sav.groupebrandt.com’s banking partner. The order will thus be recorded and validated as soon as the payment is accepted by the bank.

The Customer warrants to sav.groupebrandt.com that they have any authorisations that may be necessary to use the payment method that they have chosen when submitting the order form. sav.groupebrandt.com reserves the right to refuse to honour an order, to suspend or cancel any order and/or delivery, whatever their nature and fulfilment status, in the event of non-payment of any sum due by the Customer, or in the event of a payment incident or in the event of a dispute in the course of administration.

sav.groupebrandt.com reserves the right to request, with any payment, a photocopy of the Customer’s identity documents and proof of address. As part of the fight against Internet fraud, information relating to the Customer’s order may be transmitted to any third party for verification.

Article 8: Delivery

8.1. General rules

Products are delivered exclusively to Metropolitan France, including Corsica.

The Product will be delivered to the Customer at the delivery address specified during the ordering process.

The Products making up the delivery will be delivered by a specialised carrier.

8.2. Terms and conditions of delivery

Deliveries will be made by home delivery to the delivery address indicated by the Customer at the time of the order. In the absence of the Customer, the carrier shall leave a delivery note in the Customer’s mailbox indicating the address where the Product(s) concerned will be stored. In the event that the Customer has not collected their parcel within ten (10) working days from the date when the attempted delivery note was placed in the letterbox, the parcel is reshipped to the sav.groupebrandt.com warehouse.

The customer will be refunded the value of the parts contained in the parcel.

On receipt of the Product, the Customer signs an acknowledgement of receipt distribution slip. The Customer is asked to carefully check, in the presence of the carrier, the condition of the packaging of the goods as well as the condition of the unpacked Product.

In the event that the Customer has any doubt whatsoever about the condition or contents of their parcel, they are required to indicate precisely on the delivery slip, in handwriting, any anomalies (damage, missing Product, damaged parcel) and reservations and to refuse the parcel,

Products refused for reasons of breakage or damage during transport are returned by the carrier after the parcel has been refused.

In the event that the Customer accepts the parcel, they have a period of seventy-two (72) hours from receipt of the parcel to notify the Customer Service of sav.groupebrandt.com of any anomaly found with its parcel or with the Product(s) it contains, mentioning the details of the damage found. All requests for product returns must be confirmed in advance by Customer Service. Requests can be made either using the return from in the customer space on the website sav.groupebrandt.com, or by writing to:

BRANDT France - Site pièces détachées
Parc d’activités des Béthunes
5 avenue des Béthunes
CS 69526 Saint Ouen L’Aumône
95060 CERGY PONTOISE CEDEX

8.3. Delivery times

The time-frames indicated are average time-frames and correspond to order processing, preparation, shipping and delivery times. They begin as soon as the order is confirmed by the Customer.

Orders made between Monday and Thursday are shipped the next day. Orders made between Friday and Sunday are shipped the following Monday.

Below are the indicative delivery time frames for each destination:

  • For metropolitan France, islands connected by a bridge and Monaco, allow an average of 2-3 working days after shipping from Brandt.

    For deliveries to overseas territories, allow an indicative time of 11 to 31 days, excluding customs processing, after shipping from Brandt.

    For international deliveries, allow an indicative time of 3 to 8 days, excluding customs processing, after shipping from Brandt.

You will be kept informed of your parcel using the contact information (e-mail and/or mobile) provided when you confirm your order.

8.4. Non-delivery of parcels

Parcels are delivered to the address entered by the Customer when placing the order.

In the event of non-delivery of parcels for the reason “NPAI” (addressee Not Resident at the Address Indicated), the Customer will be informed of this by e-mail and new shipping for the order may be requested on presentation of proof of residence less than 3 months old in the name and address of the Customer:

– If the Customer has made a mistake when entering their delivery address and wishes to maintain their order, they must contact Customer Service to provide their corrected address. In this case, they will have to pay any shipping costs related to this new shipment. On the other hand, if the Customer wishes to cancel their order, sav.groupebrandt.com will refund the order.

- In the event of a mistake by the carrier and if the Customer wants to keep their order, the Product will be resent by BRANDT to the Customer free of charge. On the other hand, if the Customer wishes to cancel their order, sav.groupebrandt.com will refund the total amount of the order.

Article 9: Retention of title

sav.groupebrandt.com retains full and complete title over the Products sold until full payment of the price and the Shipping Costs.

Article 10: Cooling-off period

In accordance with article L.221-18 of the Consumer Code, the Customer has a period of fourteen (14) clear days from the date of receipt of the Products to return them to sav.groupebrandt.com and request a refund without penalty. The return costs will then be borne by the Customer.

In order to facilitate the management of returns, the following procedure should be followed as far as possible by the Customer:

  • Return request sent to Customer Service within fourteen (14) clear days from the date of receipt of the Product either on the Website via the contact link, or by writing to the following postal address

BRANDT France - Site pièces détachées
Parc d’activités des Béthunes
5 avenue des Béthunes
CS 69526 Saint Ouen L’Aumône
95060 CERGY PONTOISE CEDEX

  • In response to this request, Customer Service will confirm its agreement to the Customer by email or post

The Product must be returned to BRANDT FRANCE in new condition and fit for resale in its original packaging for the protection of the Product with all the delivered items together with a copy of the delivery note or order number to the following address:

BRANDT FRANCE
Site pièces détachées - Retours
Parc d’activités des Béthunes
5 avenue des Béthunes
CS 69526 Saint Ouen L’Aumône
95060 CERGY PONTOISE CEDEX

sav.groupebrandt.com will refund the Product within fourteen (14) days from receipt of the Product returned by the Customer. No Product that is incomplete, spoiled, damaged or used will be refunded or exchanged.

The parcel can be returned to the customer on request.

Article 11: Warranty

The Products sold on the Website are covered by the application of the guarantee of conformity in articles L.217-4 to L.217-12 of the Consumer Code, and the legal guarantee regarding hidden defects in articles 1641 to 1649 of the Civil Code.

Article L.217-4 of the Consumer Code

The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. They shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, where this is their responsibility under the contract, or has been carried out under their responsibility.

Article L.217-5 of the Consumer Code

The good is in compliance with the contract:

  • If it is fit for the use usually expected of a similar good and, if so:

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

– if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or their representative, particularly in advertising or labelling,

  • 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 knowledge of the seller and accepted by the latter.

Article L.217-12 of the Consumer Code

– Legal actions resulting from non-conformity are time-barred at two years from the delivery of the goods.

Article 1641 of the Civil Code

– The seller is bound by the warranty on account of hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have bought it only at a lower price, if they had known about them.

Article 1648 paragraph 1 of the Civil Code

– Claims resulting from latent defects must be made by the purchaser within two years of the discovery of the defect.

Article 12: Personal information

The Customer information and data supplied to sav.groupebrandt.com are necessary for the management of their order. If the Customer’s agreement has been obtained beforehand, the information may be used for the purpose of making promotional offers to the Customer for the Website’s Products, services and promotions, or for the purpose of conducting surveys intended to improve the quality of sav.groupebrandt.com Products and services.

 

In accordance with the provisions of article 34 of the “Informatiques et Libertés” data protection law of 6 January 1978, the Customer has, at any time, a right to access, modify, correct and delete the data which concern them, which they can exercise by contacting the Website via the “Contact Us” page or by postal mail at the following address, providing us with the surname, first name, email address and (if possible) the customer reference:

 

BRANDT France - Site pièces détachées
Parc d’activités des Béthunes
5 avenue des Béthunes
CS 69526 Saint Ouen L’Aumône
95060 CERGY PONTOISE CEDEX
Email:
e-commerce-adv@groupebrandt.com

Our website is also designed to be particularly responsive to the needs of our customers. This is one of the reasons why we use cookies. The purpose of the cookie is to mark your visit to our site. Cookies are therefore only used by BRANDT France to improve the personalised service to the Customer.

Article 13: Miscellaneous provisions

These terms and conditions of sale are subject to French law.

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

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these terms and conditions of sale shall not be interpreted in the future as a waiver of the obligation in question.

 

Article 14: Installation, use and liability

The Products purchased on the Website must always be installed and used in accordance with the user manual and installation guide for the appliance concerned, this being the sole responsibility of the Customer

The Customer is invited, if necessary, to obtain the above-mentioned documents on the Website

Customers are reminded that the Products are intended for use only on BRANDT Group equipment from BRANDT, VEDETTE, SAUTER and DE DIETRICH brands, unless otherwise specified in writing by the BRANDT Group.

Customers’ attention is drawn to the fact that some parts require installation by qualified and certified professionals to prevent any risk of damage and/or personal injury. In particular, the services of a professional are recommended for the installation and maintenance of equipment running on gas, electricity or incorporating parts connected to the water circuit.

BRANDT cannot be held responsible for any claims resulting from:

  • use or installation not in accordance with the Product,
  • use or installation where the Product is combined with equipment for which it is not intended,
  • a case of force majeure.

Brandt recommends particular care, as use outside of the recommendations may result in bodily injury to the Customer.

The Parts ordered on the Website are neither guaranteed – apart from the guarantee of conformity and the guarantee of hidden defects referred to in article 11 above – nor exchangeable. As an exception to the above, Parts installed by a BRANDT technician are covered by a 3-month commercial guarantee (6 months for the DE DIETRICH brand).

Any installation of a Part by an unqualified and untrained technician may hinder the correct operation and safety of your appliance and may result in risks and dangers for the user. The Site cannot be held responsible for damages due to a faulty installation of a Part by a third party. When carrying out repairs to household appliances, the usual technical regulations and national regulations must be complied with.

BRANDT cannot be held responsible for any inconvenience or damage resulting from the use of the Internet network, including a disruption in service, an external intrusion or the presence of a computer virus.

Article 15: Customer Service

For any request or complaint relating to a Product ordered on the Website, the Customer is invited to contact Customer Service

BRANDT France - Site pièces détachées
Parc d’activités des Béthunes
5 avenue des Béthunes
CS 69526 Saint Ouen L’Aumône
95060 CERGY PONTOISE CEDEX, France