GENERAL CONDITIONS OF SALE AND USE

This website is operated by DAVMELCOM (BRIKONEO). Throughout the site, we use the terms “we”, “us” and “our” to refer to DAVMELCOM (BRIKONEO). This website, including all information, tools and services available from this site, is offered by DAVMELCOM (BRIKONEO) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Service”), including those terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation individuals who are visitors, vendors, customers, merchants, and/ or providers of content.

Please read these Terms of Use carefully before accessing and using our website. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to this store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page from time to time for changes. Your continued access to or use of the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. This company provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS OF USE

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state, province or territory and that you are the age of majority in your state or province or territory and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time and for any reason.

You understand that your content (not including credit card information), may be transferred unencrypted and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We assume no responsibility if information on this site is inaccurate, incomplete or outdated. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical data. Historical data is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information contained herein. You acknowledge that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

The prices of our products are subject to change without notice.

We reserve the right to modify or discontinue the Service (or any part thereof) at any time without notice.

We will not be liable to you or to any third-party for any price change, modification, suspension or discontinuance of the Service.

SECTION 5 – SCOPE

ARTICLE 1 - Products

These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("Customers or the Customer"), wishing to acquire the products offered for sale ("Products") by the Seller on the website Www.brikeo.fr. The Products offered for sale on the website are as follows:

List of products sold (by product family)

Furniture

Gardening tools: pruning shears, hedge trimmers, gloves, trimmers, etc.

DIY: Gloves, drills, DIY tools, etc.

Kitchen: Kitchen utensils, small appliances, aprons, etc.

Home: decorative objects.

The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products are presented on the site www.brikoneo.fr , which the customer is required to read before ordering.

The choice and purchase of a Product are the sole responsibility of the Customer.

Product offers are subject to availability of stock, as specified when the order is placed.

These T&Cs are accessible at any time on the website www.brikoneo.fr and will prevail over any other document.

The Customer declares having read these General Terms and Conditions and having accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the website www.brikoneo.fr

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Customer.

In the event of an order to a country other than mainland France, the Customer is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the responsibility of and are the sole responsibility of the Customer.

ARTICLE 2 - Prices

The Products are supplied at the current prices appearing on the website www.brikoneo.fr , when the order is registered by the Seller.

Prices are expressed in Euros, excluding and including VAT.

The prices take into account any reductions that may be granted by the Seller on the website www.brikoneo.fr

These prices are firm and not revisable during their period of validity but the Seller reserves the right, outside the period of validity, to modify the prices at any time.

Prices do not include processing, shipping, transport and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered.

ARTICLE 3 – Orders

It is up to the Customer to select on the website www.brikoneo.fr the Products that he wishes to order, according to the following terms:

To place an order, the customer identifies himself or opens an account

Search for products and select them by adding them to the cart

He chooses the payment methods (CB, Paypal or payment in several installments)

He chooses the delivery method

Check your order before confirming your payment

Product offers are valid as long as they are visible on the site, within the limit of available stocks.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to immediately report any errors.

Any order placed on the site www.brikoneo.fr constitutes the formation of a contract concluded remotely between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

The Customer will be able to follow the progress of his order on the site.

ARTICLE 3 Bis - Customer area - Account

In order to place an order, the Customer is invited to create an account (personal space).

To do this, he must register by completing the form that will be offered to him at the time of his order and undertakes to provide sincere and exact information concerning his civil status and his contact details, in particular his email address and his telephone number.

The Customer is responsible for updating the information provided. It is specified that he can modify it by logging into his account.

To access his/her personal space and order history, the Customer must identify himself/herself using his/her username and password, which will be communicated to him/her after registration and which are strictly personal. As such, the Customer is prohibited from disclosing them. Otherwise, he/she will remain solely responsible for the use made of them.

The Customer may also request to unsubscribe by going to the dedicated page on their personal space or by sending an email to: contact@brikoneo.fr . This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the site www.brikoneo.fr will have the possibility of suspending or even closing a customer's account after formal notice sent electronically and remaining without effect.

Any deletion of an account, whatever the reason, results in the pure and simple deletion of all the Customer's personal information as well as the deletion of their order history.

The Seller shall not be held liable for any event due to force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance.

The creation of the account entails acceptance of these general conditions of sale.

ARTICLE 4 - Payment conditions

The price is paid by secure payment, according to the following terms:

• Payment by credit card
• payment by paypal
• payment in several installments without fees with our partner Scalapay

The price is payable in cash by the Customer, in full on the day the order is placed.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider involved in banking transactions carried out on the website www.brikoneo.fr

Payments made by the Customer will only be considered final after actual collection by the Seller of the amounts due.

The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Customer will be delivered in mainland France or in the following zone(s): Europe.

Deliveries will be made to the address indicated by the Customer when ordering on the site within 7 to 10 working days.

The customer can have it delivered to their home or to another address mentioned when placing the order.

Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in one go.

The Seller undertakes to make its best efforts to deliver the products ordered by the Customer within the time periods specified above.

If the Products ordered have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the actions of the Customer, the sale may be cancelled. at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Customer will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or withholding.

The customer can choose to have the same item delivered in the event of non-delivery. Reimbursement can only be made to the same bank card or PayPal account used when paying for the order in-game.

Deliveries are made by an independent carrier, to the address provided by the Customer when ordering and which the carrier can easily access.

When the Customer has himself taken charge of calling on a carrier that he himself chooses, the delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who has accepted them without reservations. The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse under warranty against the Seller in the event of failure to deliver the transported goods.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs related thereto will be subject to specific additional invoicing, on a quote previously accepted in writing by the Customer.

The Customer is required to check the condition of the products delivered. He has a period of 48 hours from delivery to make complaints or reservations by email and post, accompanied by all supporting documents relating thereto (photos in particular).

Return policy :

The customer has 14 days to change his mind. In this case, he is requested to contact customer service by email at contact@brikoneo.fr . He will receive a return label to affix to the returned package. He will receive his refund within 5 days after the package is received by our services. Within this 14-day period, the shipping costs are the responsibility of our company. After this period, they will be borne by the customer.

After this period and in the absence of compliance with these formalities, the Products will be deemed to be compliant and free from any apparent defect and no claim may be validly accepted by the Seller.

The Seller will reimburse or replace as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the Consumer Code and those provided for in these General Terms and Conditions.

The transfer of the risks of loss and deterioration relating thereto will only be carried out at the time when the Customer takes physical possession of the Products. The Products therefore travel at the risk of the Seller except when the Customer has chosen the carrier himself. As such, the risks are transferred at the time of delivery of the goods to the carrier.

ARTICLE 6 - Transfer of ownership

The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of said Products.

ARTICLE 7 - Right of withdrawal

According to the terms of article L221-18 of the Consumer Code “

For contracts providing for the regular delivery of goods over a defined period, the period runs from receipt of the first good.

The right of withdrawal may be exercised online, using the attached withdrawal form and also available on the site or any other declaration, free of ambiguity, expressing the desire to withdraw and in particular by postal mail addressed to the Seller at the postal or email address indicated in the last article of these General Terms and Conditions.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold as new, accompanied by the purchase invoice. The products must be well protected to avoid damage during transport.

Damaged, soiled or incomplete Products will not be accepted.

Return costs will be borne by the seller if the return takes place within 14 days.

The exchange (subject to availability) or refund will be made within 5 days from receipt by the Seller of the Products returned by the Customer under the conditions set out in this article. In the event of an exchange, the new product will be shipped within 3 days, to which 3 to 5 days must be added for delivery times.

Some products or services may be available only online through the Website. Quantities of these products or services may be limited and their return or exchange is strictly subject to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of the products that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we believe appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own discretion and risk and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new services and/or features shall also be subject to these Terms of Use.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services accessible through our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

At the end of the order, the customer can receive a link to their email address to allow them to leave a review.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to compensate anyone for any comments; or (3) to respond to any comments.

We may, but have no obligation to, remove content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or intellectual property right. You further agree that your comments will not contain any unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our store is governed by our Privacy Policy.  Click here to view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state law, regulation, rule, or local ordinance; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not guarantee, warrant or represent that your use of our Service will be uninterrupted, secure, timely or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

DAVMELCOM (BRIKONEO), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors shall in no case be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if you are advised of the possibility of such damages. have been warned of the possibility that they may occur.

Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

The Products supplied by the Seller benefit from:

• of the legal guarantee of conformity, for defective, damaged or damaged Products or those not corresponding to the order,
• of the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use

In order to claim the warranty, the customer must write to contact@brikoneo.fr to clearly explain the problem encountered.

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver goods that conform to 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, assembly instructions or installation when this has been placed on 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 suitable for the use usually expected of a similar good 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 in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller 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 good.”

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects in the thing sold which make 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 paid a lower price for it, if he had known of them."

Article 1648 paragraph 1 of the Civil Code

“The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

Article L217-16 of the Consumer Code.

"When the buyer requests the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, 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 from the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

In order to assert his rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the time of their discovery.

The Seller will refund, replace or repair any Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be refunded based on the rate charged and return costs will be refunded upon presentation of supporting documents.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 8 days following the Seller's discovery of the lack of conformity or hidden defect. This refund may be made by bank transfer or check.

The Seller shall not be held liable in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to check,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller.

The Seller's warranty is, in any event, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.

SECTION 14 – ECO-PARTICIPATIONS AND REP

As a marketer, Brikoneo is required to collect an eco-participation from its customers, which it pays in full to eco-organizations that finance the collection, recycling and waste recovery sectors.

For the various REP sectors relevant to its activity, Brikoneo is a member of the following eco-organizations:

- Packaging: FR340206_01LIUO
- DIY and gardening article: FR340206_14WCTN

SECTION 15 – COMPENSATION

You agree to use this site and its services in the broad sense in good faith. Any fraudulent use in any way will incur your liability and will result in the payment of compensation equal to the damage suffered.

You agree to indemnify, defend and hold DAVMELCOM (BRIKONEO) and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any laws or rights of a third-party.

SECTION 16 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 17 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail or have failed to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

SECTION 18 – ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

SECTION 19 – APPLICABLE LAW

These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws in force on the date of this document's creation in France.

These General Terms and Conditions and the operations resulting from them are governed by and subject to French law.

These General Terms and Conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be authentic in the event of a dispute.

For any complaints, please contact customer service at the Seller's postal or email address indicated in ARTICLE 1 of these T&Cs.

The Client is informed that he may in any event resort to conventional mediation, with existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In accordance with Article L. 612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the professional.

This establishment has designated, by membership registered under number 50775/VM/2303, SAS Médiation Solution as a consumer mediation entity.

To contact the mediator, the consumer must formulate his request:

- Either in writing to:

Sas Mediation Solution

222 sheepfold path

01800 Saint Jean de Niost

Tel. 04 82 53 93 06

- Either by email to: contact@sasmediationsolution-conso.fr

- Either by completing the online form entitled “Contact the mediator” on the website https://www.sasmediationsolution-conso.fr

Whatever the means of referral used, the request must imperatively contain:

- The applicant's postal, telephone and electronic contact details,

- The name and address and registration number with Sas Médiation Solution of the professional concerned,

- A brief statement of the facts. The consumer will specify to the mediator what he expects from this mediation and why,

- Copy of the prior complaint,

- all documents enabling the processing of the request (purchase order, invoice, proof of payment, etc.)

 The Customer is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes arising from purchase and sale transactions concluded under these General Terms and Conditions and which have not been settled amicably between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

SECTION 20 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check our website from time to time for changes. Your continued access to or use of our website and the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

The Seller's contact details are as follows:

DAVMELCOM, SARL

Share capital of 5000 euros

Registered with the Strasbourg Trade and Companies Register under number 914071758

4 rue du Maréchal Foch

Email: contact@brikoneo.fr

Phone: 03.67.10.68.30

Questions regarding the Terms of Use should be sent to us at contact@brikoneo.fr

 

ANNEX I

Withdrawal form

Date ______________________

This form must be completed and returned only if the Customer wishes to withdraw from the order placed on www.brikoneo.fr, except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale.

For the attention of SARL, DAVMELCOM

4 rue du Maréchal Foch – 67000 Strasbourg

I hereby notify the withdrawal of the contract relating to the goods below:

-  Order of (indicate date)

-  Order number: ................................................................

-  Customer Name: ................................................................................

-  Customer's postal address: ............................................................................

-  Customer email address: ............................................................................

-  Customer's telephone number: ............................................................................

Signature of the Client (only if this form is notified on paper)