Terms & Conditions

1) Preamble and definitions

The “Merchant” (or “Seller”): SAS BRASIER INDUSTRIE, which is registered in the Thonon-les-Bains trade register under number 797 380 060 and located at 212 Rue des entreprises – zone industrielle 74550 PERRIGNIER, specializes in ironmongery, metal cutting, hardware manufacturing and electromechanics. As part of its digital marketing, the company publishes several commercial and non-commercial websites, including “brasier-industrie.com & resiparc.com”, (resiparc.com is owned by SAS BRASIER INDUSTRIE) hereinafter referred to as the “Site”.

The “Customer” (or “Buyer”): any individual or legal entity purchasing products and/or services online from the Merchant via the Site.

The Customer and the Merchant are hereinafter referred to individually or collectively as the “Party(ies)”.

“GSC”: the general terms and conditions of sale, the subject of this document, applicable to the Site.
Any order placed on the Site implies the Customer’s unreserved acceptance of and full compliance with the GSC, which prevail over all other documents, including any other purchase conditions of the Customer, unless expressly agreed otherwise between the Parties.

2) How to buy online

2-1) Presentation of products and/or services

The characteristics of the products offered for sale are presented in the “Shop” section of the Site.

The photographs of the products are not contractual and the Merchant cannot be held responsible for any use of these products that does not comply with their intended purpose.

All texts and images presented on the Site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly forbidden, except with the prior and express authorization of the Merchant.

2-2) Period of validity of offers to sell

Products are offered for sale while stocks last. The Merchant cannot be held responsible for the unavailability of a product.

2-3) Product and/or service prices

The “Shop” section of the Site indicates prices in euros, including all taxes, but excluding shipping and handling costs. The amount of VAT is specified when the Customer selects a product, and the shipping costs appear on the screen at the end of the Customer’s selection of products.

In the case of orders to countries other than metropolitan France, the Customer is the importer of the product(s) concerned. For all products shipped outside the European Union and French overseas departments and territories, the price is calculated exclusive of tax. Customs duties, import duties or other taxes may be payable. These duties and sums are not the responsibility of the Merchant and are the exclusive responsibility of the Customer, both in terms of declaration and payment to the relevant authorities.

The Merchant reserves the right to modify its prices at any time, but the products ordered are invoiced at the price in effect when the order is registered.

The prices quoted include any discounts and rebates that the Merchant may grant, and no discount will be granted for early payment.

Products remain the property of the Merchant until full payment has been received. When the customer takes physical possession of the products ordered, the risk of loss or damage to said products is transferred to the customer.

2-4) Order
The Customer confirms his/her order by clicking on the “Confirm your order” link at the bottom of the “Order summary” page, after having accepted these GTC. Before validating the order, the customer is systematically asked to check each element of the order, so that any errors can be corrected.

The Merchant confirms the order by e-mail; this information includes all the elements of the order and the customer’s right of withdrawal.

The data recorded by the Merchant constitutes proof of the nature, content and date of the order. The latter is archived by the Merchant in accordance with legal conditions and deadlines; the customer may access this archiving by contacting the Customer Relations department.

In the event that a product ordered is unavailable, the Merchant undertakes to inform the Customer, who may :

• or request an exchange of the product ordered,
• cancel the order and obtain a refund, within 15 days at the latest.

3) Terms of payment

The fact of validating an order implies the Customer’s obligation to pay the corresponding price.

Orders are therefore paid for in cash when the order is validated.

The customer can choose between the following payment methods:

• Online payment by credit card via the PayPlug secure payment system.
• Online payment by bank transfer.

Payments made by the Buyer are not considered final until the Merchant has actually received the sums due.

The Merchant is not obliged to deliver the products ordered by the Customer if the latter does not pay the price in full.

4) Shipping and delivery times

Products are delivered to the delivery address indicated by the Customer during the order process, subject to this address being effectively served by the Post Office. The Customer therefore undertakes to indicate as the delivery address only an address that is served by the Post Office.

On delivery:

The customer must inform the deliverer of any reservations concerning the products delivered (e.g. damaged or already opened package, etc.).

The Customer must also inform the Merchant of this notification by e-mail within 24 hours, via the “Contact” section of the Site.

In the event of a dispute, reference error or quality problem concerning the goods delivered, the customer must submit a written complaint within 5 working days of receipt of the goods. This claim can be sent by e-mail to contact@resiparc.com, or by post to the address indicated on the delivery note or invoice.

For metropolitan France, products are delivered within a maximum of 8 days following receipt of the corresponding payment. Except in the case of special circumstances or partial unavailability, products ordered are delivered in a single shipment.

If the delivery time is exceeded by more than 7 days and is not due to force majeure or an error made by the Customer (non-existent, incomplete or erroneous address), the Customer may cancel the order by registered letter with acknowledgement of receipt (to the address given in the “Contact” section of the Site).

The customer may exercise this right of cancellation within a maximum period of sixty working days from the date on which the delivery date or the maximum delivery time indicated above for delivery of the products ordered is exceeded. All sums paid by the purchaser will then be refunded if the products ordered have not been delivered and, if they have been delivered, if the entire order is returned to the Merchant in its original packaging and in perfect condition for resale. Reimbursement will be made no later than thirty days following the date on which the Customer exercised his/her right to cancel the sale and, where applicable, returned the products delivered. Reimbursement assumes that the Customer has not damaged the product or returned it incomplete. Failing this, the Merchant is entitled to apply a discount to the returned product.

5) Right of withdrawal

The customer has a period of fourteen clear days, from receipt of the products, to exercise his right of withdrawal without having to give any reason or pay any penalties, with the exception of the cost of returning the products, which is at the customer’s expense. If the fourteen-day period expires on a Saturday, Sunday or public holiday, it is extended until the next working day.

To exercise his right of withdrawal, the Customer must use the form accessible by clicking on the button below:

If the right of withdrawal is exercised, the Merchant will reimburse the Customer for all sums paid, as soon as possible and at the latest within fourteen days of the date of receipt by the Merchant of the products returned by the Customer.

Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.). In the event of depreciation, the Customer may be held liable.

6) Disputes

For any claim, the Customer must use the Site’s contact form. The Merchant will make every effort to deal with the complaint as quickly as possible.

In accordance with the provisions of the French Consumer Code concerning “the mediation process for consumer disputes”, the Customer, if a private individual, has the right to have free recourse to the mediation service proposed by the Merchant. The mediator thus proposed is the Centre de médiation et de cyber-services (MEDYCIS).

This mediation service can be reached by :

• electronically: www.medicys.fr ;
• by post: MEDICYS – Centre de médiation et règlement amiable des huissiers de justice – 73, Boulevard de Clichy, 75009 – Paris.

In accordance with article L 152-2 of the French Consumer Code, one of the prerequisites for MEDICYS to examine the dispute is the following: the consumer must have previously attempted to resolve the dispute directly with the Merchant’s Customer Service department by means of a complaint sent by post or e-mail.

7) Personal data

The Customer expressly authorizes the Merchant to collect, store and process his personal data in the interest of carrying out the transactions carried out via the Site and for any communication of an informative or promotional nature within the framework of the Merchant’s activities.

The Merchant undertakes to treat the Customer’s personal data in accordance with its Privacy Policy.

Unless otherwise stipulated by the Customer, the Customer accepts to be cited by the Merchant as a reference as a customer of the Site from the moment the Customer has posted an appreciation of the Merchant’s services in the Site’s “Guestbook”.

8) Applicable law and jurisdiction

These General Terms and Conditions of Sale are governed by French law. Any dispute that cannot be settled amicably shall fall within the exclusive jurisdiction of the courts of Thonon-les-Bains, to which the Merchant and the Customer hereby submit.

9) Charter of Trust and Mutual Respect Policy

SAS BRASIER INDUSTRIE, owner of the Resiparc.com online store, is committed to maintaining an environment of mutual respect in all its interactions with its customers. With this in mind, we apply a zero-tolerance policy to any disrespectful, aggressive or inappropriate behavior. The following in particular are considered unacceptable: insults, threats, discriminatory remarks, harassment, or any form of abusive communication towards our staff or services. In accordance with current legal provisions, we expressly reserve the right to refuse any service, temporarily suspend or permanently ban access to our platforms and services, to any person contravening this policy. This measure applies to all interactions, whether by telephone, e-mail, contact forms or social networks. This policy is designed to ensure a professional and respectful environment for all our customers and employees.

10) Contact