Article 1 – Areas of business
1.1 The commercial website « spree.fr » is owned by the society BRLM, SAS with a capital of 7 700 € registered in the Paris Trade and Companies Register under number 434 684 601, at its present location in 16, rue La Vieuville, 75018 Paris, France.
1.2 The present termes and conditions are applied to the relationship between BRLM on one side, and on the other, whoever (from now on called “client”) makes a purchase on the website « spree.fr » (from now on called “website”). The client who buys on the website declares having the full legal capacity.
1.3 The present termes andconditions are applied for all sales of articles proposed on the website. These articles are intended for private consumer use only, without any direct link with the professional activities of the client.
1.4 The present termes and conditions are applied for the time duration our services are offered online by BRLM. The existing general conditions are subjected to changes and updates therein. The conditions become effective at the moment of the purchase on the website « spree.fr »
1.5 Whoever is ordering articles offered on the website “spree.fr” assume the consultation and acceptance of the terms and conditions of sales as well as the rates, without requirement of a handwritten signature of the client, who therefore waivers prevailing of any third party document. The act of purchase entails the acceptance of the present general terms and conditions of sale.
Article 2 – Articles on sale
2.1 The articles proposed on sale by BRLM are those shown on the website “spree.fr” at the moment of consulting the website by the client.
2.2 The articles sold on the website spree.fr are conform to the rules and regulations in effect in France. BRLM will not be held responsible for any violation of the country’s law where the order will be received.It is the responsibility of the client to verify that legislation.
BRLM will not be held responsible for any violation of the country’s law where the order will be received.
2.3 Each article offered for sale on the website spree includes:
- The name of the article
- The reference number
- The description and composition of the article
- One or more pictures of the article
- The selling price is in euros including all taxes (French VAT) except the cost of shipping .
The pictures shown on the website spree.fr are as accurate as possible (within the limits of the available technique) but cannot ensure complete similarity with the product offered, especially when it comes to colours. These pictures do not have any contractual value and cannot involve the BRLM responsibility whatsoever.
2.4 The client is the only responsible for the choice of the articles, of their keeping and use.
2.5 The articles remain a BRLM property until the total payment of its price is paid.
Article 3 – Price
3.1 The selling prices shown on the website are in euros and include all taxes- the VAT includes the French VAT but it is excluding all the delivery costs.
The possible delivery charges are indicated to the client during his choice of products and are billed to him at the end of the order .
3.2 BRLM reserves the right to change prices at any time but the products will be charged on the basis of the rates in force at the moment of the order.
3.3 All the orders made on the website spree.fr and delivered outside the Metropolitan France and Corsica could be subject to taxes and customs duties which are imposed when the package reaches its destination. These costs related to the delivery of an item will be handled by the client. The client has the responsibility to get information from the competent authorities of their own governments. BRLM is not required to provide information on the custom duties or applicable taxes in the country of destination.
Article 4 – Order
4.1 The customer can browse freely through the different web pages of spree.fr without committing to any order.
4.2 The goods offered on the website are on sale and those which are out of stock might be visible on the website but cannot be purchased.
4.3 The person who wants to buy an article on the website spree completes the various stages:
– Select the product
– Provide contact information
– Choose the delivery method
– Achieve the payment
– Confirm the order
4.4 To be accepted, the order will have to contain all the relevant information that may be necessary for its delivery. BRLM will confirm, in French language by e-mail that the order has been received and registered. The order receipt will contain a summary of the order, the billing address and the shipping address.
4.5 The collected data in their entirety and the stored confirmation is a proof of the business transaction. The confirmation is worth a signature and implies the agreement to the business transaction made.
4.6 BRLM reserves the right to refuse any order or shipping in the following cases:
- Dispute with the client,
- Credit card autorisation refusal by banking or insurance organizations.
- Total or partial non-payment.
Under no such circumstance the liability of BRLM may be challenged.
4.7 The computerised record stored in our computer systems and those of our partners in reasonable security conditions will be considered as proof of the transaction orders and payments between the parties.
Article 5 – Payment
5.1 The amount billed to the customer is the one that appears on the order confirmation sent by e-mail from BRLM.
5.2 Prices must be fully paid with a single instalment the day of the order. The payment of the articles bought on the website by the client may be settled by cheque or credit card.
5.3 Payment by credit card ou Paypal account
Payment is made immediately via the Internet, unless the server is unavailable, by means of a credit card (Blue, Visa, Eurocard/Mastercard, American Express, PayPal) or via Paypal website.
Article 6 – Secured Payment
BRLM have sophisticated security systems in place with CREDIT DU NORD. Consequently, the card number of the client will never be known by BRLM.
Payments will be made using a secure system of CREDIT DU NORD, which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted are encrypted and that no third party can access the information during transmittal over the network.
At the end of the order the client is asked to give the credit card number, the expiration date and the security number (3 digit numbers located at the back of the card), which are encrypted before being sent to the BRLM bank (CREDIT DU NORD). Thus, no confidential information circulates on the network without prior encryption.
Payment made with Paypal is highly secured by Paypal website itself.
Article 7 – Shipping
7.1 Products are dispatched with the invoice to the delivery address provided by the customer at the time of the order
7.2 The shipping address is the one provided by the costumer who assumes to give a correct and complete address, the responsibility of BRLM could not be committed on this fact.
7.3 BRLM will put all effort to respect the delivery periods mentioned on the website SPREE. Nevertheless BRLM cannot be held responsible for any consequences due to late delivery or loss of packages caused by a third or by the purchaser or by any reason of a cause constituting an event of major force.
7.4 The risk of loss and/or damages to all goods sold are the exclusive responsibility of the client from the moment they leave the BRLM warehouse. In case of damage during the transportation, a motivated protest must be formulated with the carrier within three days as from the delivery.
Article 8 – Right of withdrawal
8.1 In accordance with the provisions of the french Code of Consumption, the customer shall have a period of 14 days beginning with the date of reception of the merchandise to return the items without the need to formally justify such rejection.
The item should be back to us in the original packaging and the merchandise in the same condition, along with the invoice form and IBAN to the following address:
16, rue La Vieuville
8.2 All the expenses concerning the shipping or the return are the responsibility of the costumer. The client shall keep all proof of return to enable the specific date
to be established.
If the aforesaid conditions are met, BRLM will reimburse the client within fourteen (14) days from the date of the package reception, the sums paid by him, with the exception of the cost of shipping and returning products will be handle by the buyer.
Article 9 –Non-compliance
9.1 The articles sold by BRLM are guaranteed by the legal approval of the French Civil Code. In the event that the items delivered do not comply with his order, the customer must notify by e-mail BRLM, within 48 hours from the receipt of the article(s), explaining the factors establishing the non-compliance of the products received with the order.
Beyond that 48 hours period, the delivered goods will be deemed as complying with your order and accepted by you.
9.2 After BRLM consent, the client can return the product(s), in their original packaging complete and intact, unused and in perfect condition accompanied of the invoice, to the following address:
16, rue La Vieuville
9.3 If the aforesaid conditions are met BRLM will reimburse the customer with the shortest lead-time.
9.4 All warranties are excluded in case of bad use, negligence or lack of maintenance from the buyer, as well as in case of normal wear or major force.
Article 10 – Processing of personal data
To ensure a good service of distance selling BRLM collects some personal data concerning its clients, when processing orders placed with its web site.
They are necessary to the treatment and the delivery of the orders as well as the drawing up of relevant invoices.
In accordance with the law on Computing and Freedom, the client enjoy access, rectification and suppression rights regarding his personal data in BRLM:
- by sending an e-mail to firstname.lastname@example.org
-or a letter to the following address:
16, rue La Vieuville
Article 11 – Intellectual property
11.1 The website spree and each of his components are the exclusive property of BRLM. Therefore it’s prohibited for all the clients or visitors of the website to reproduce or diffuse all or a part of the website (logos, brands, images, graphics, pictures) in any form.
Article 12 – Responsibility
12.1 BRLM is not responsible for the non-execution or poor execution of obligations attributable to the client or to a third party not normally involved in the provision of services.
12.2 In the process of sale on line, BRLM is only under an obligation of means. His responsibility cannot be committed for any damage resulting from using the Internet network such as loss of data, intervention, virus, break down of the service, or any other involuntary problems.
12.3 BLRM is not liable for any loss or damage resulting from the delay or the non-compliance of his obligations imputable to major force. Explicitly, are considered as major, those retained by the decisions of the french Cour de Cassation.
Total or partial strike of post offices and means of transport / telecommunication, inundation, fire, governmental restrictions. In case of a major force is happening. BLRM will notify the client within seven (7) days following the occurrence or the threat and will agree with him/her the new modalities of execution of the order in that period.
Article 13 – Jurisdiction
These terms and conditions refer to the french law. In the hypothesis, some of the terms of General Conditions of Sale would be considered as illegal or non-opposable by a decision of justice, the other conditions will be in force.
Any dispute that might result from the interpretation or execution of these general conditions of sale shall be subject to the exclusive competence of the courts within the jurisdiction of the Paris Court of Appeal (France) except for imperative constraints.