General terms and conditions of sale

ARTICLE 1 – PURPOSE
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") aim to define the contractual relationship between, on the one hand, the company BRAS, a simplified joint-stock company with a capital of 76,000 euros whose registered office is located at Route de l'Aubrac 12210 Laguiole (France) and registered with the trade and companies register of Rodez under SIREN number 451 580 906 (hereinafter referred to as the "seller") and non-professional buyers, aged at least eighteen years, wishing to purchase products offered for sale by the Seller on its online store www.boutique.bras.fr (hereinafter referred to as the "buyer").

The terms and conditions may be subject to change; the applicable version is the one in effect on the website on the date the order is placed by the Buyer.

The Buyer declares that they have read and accepted the Terms and Conditions by ticking the box provided for this purpose before implementing the online ordering procedure.

ARTICLE 2 – OFFER
The products integrated into the Seller's online store consist of manufactured products and "Gift Vouchers" valid in the BRAS du Suquet hotel-restaurant for a period of 1 year from their date of purchase on the website.

Product photographs and illustrations are not contractually binding. They may represent suggestions for how the product may appear once opened. In any case, the Seller cannot be held liable for any errors that may have been introduced into the descriptions or illustrations.

ARTICLE 3 – PRICE
The prices of the products offered for sale on the Seller's website are expressed in euros inclusive of all taxes, ex-works Laguiole in France.

For shipments to countries other than mainland France, the buyer is considered the importer of the products. Therefore, they are advised to check with local authorities beforehand regarding import regulations for the products they wish to purchase.

For orders shipped within the European Union, the price is calculated inclusive of all taxes. Businesses with an intra-community VAT number who wish to place a VAT-exempt order must contact the Bras SAS team beforehand by email or telephone. Orders placed on the website are not eligible for VAT exemption.

For shipments outside the European Union and French overseas departments and territories (DOM-TOM), the price will be automatically calculated excluding taxes on the invoice. Customs duties and/or other local taxes or import duties may be payable upon receipt of the package by the buyer in the destination country. These are the sole responsibility of the buyer, both in terms of declarations and payments to the relevant authorities and organizations in the country concerned. Depending on the country, there may be import restrictions on the products the buyer intends to order.

Product offers are valid as long as they are visible on the website and while stocks last. Similarly, offers for "Gift Vouchers" are valid only during the opening days of the Bras hotel-restaurant.

ARTICLE 4 – ORDER
Orders placed on the "Site" are reserved for individuals of legal age, holding a bank card, and possessing legal capacity. The products must be intended for the Buyer's personal use and may not be resold by the Buyer.

To order products online, the Buyer selects the desired products by adding them to their basket and specifying the desired quantities per product.

The customer must then confirm their order summary and log in, specifying their billing and shipping addresses. Once these steps are completed, they choose their shipping method and accept the General Terms and Conditions of Sale. They then proceed to the secure "PayBox E-transaction" payment platform, where they enter their card information and are subsequently redirected to their bank's 3D Secure platform to verify their identity as the cardholder. Once authentication is successful, the payment is validated. The customer then receives an automated email confirming and registering their order. To access the invoice for their order, the customer must log back into their account.

For "Gift Certificates," the Buyer can choose to receive them by mail or as a PDF to their email address. They can also have it sent by mail to the recipient. In all cases, they must provide the recipient's address and contact information.

All orders, regardless of origin, are payable in euros.

The Seller reserves the right to change its prices at any time, but the product will be billed based on the price in effect at the time the order is validated and subject to availability.

If a product is unavailable after an order has been placed, the Seller will inform the Buyer by email or telephone within 48 business hours. The Buyer may then either:

The customer may request a replacement with one or more products of their choice of equivalent value,
or request cancellation of their order and receive a refund of the price paid. The refund will be issued within fourteen (14) business days of the Buyer's decision, either by check or by credit to their bank account.

ARTICLE 5 – PAYMENT Payment
for the Buyer's purchases is made in full by credit card. No payment terms are granted and orders are not shipped until payment has been received.

Payment for the entire order is made securely, via the Paybox solution in connection with our Crédit Agricole bank, using the standardized encryption system: "SSL protocol" from VeriSign Secured.

Payments by the Buyer are considered final only after the Seller has effectively received the sums due.

The transfer of ownership of the goods is suspended until full payment of the price in accordance with the provisions of the new commercial code – Art. L162-122.

ARTICLE 6 – PROCESSING & SHIPPING COSTS
Prices are fixed and non-negotiable. They do not include processing, shipping, transport and delivery costs, which are calculated before the order is placed and invoiced in addition to the net amount of the goods at the time of order payment.

Deliveries are made via Colissimo (French postal service) or express courier, depending on the buyer's choice. However, the seller recommends express shipping for products requiring storage between 15° and 20°C, and more generally for deliveries to countries outside the European Union.

ARTICLE 7 – SHIPPING & DELIVERY
The Seller undertakes to ship product orders within a maximum of fourteen (14) business days, to which must be added the processing and delivery time. This latter time varies depending on the delivery location of the products.

Unless otherwise specified, the products ordered will be shipped all at once and within the timeframe specified above.

Shipping conditions and delivery times vary depending on the items in the basket and the shipping method selected by the buyer when placing the order. The buyer can obtain all the necessary information regarding their chosen carrier from the following websites:

www.colissimo.fr
www.fedex.com/fr/

In the event of a strike by postal services, carriers or more generally any social disruption, or weather-related incidents, delivery times may be extended.

The transfer of risk of loss and damage to the products will take place upon receipt of delivery by the Buyer or by the Third Party designated by him, at the agreed place, who will assume sole responsibility from that date for all damage that the products may suffer or cause.

The recipient must check the condition of the delivered goods upon arrival. In the event of missing, lost, or damaged items, they must make all necessary reservations with the responsible carrier, specifying the nature and extent of the damage on the delivery slip. To allow the Seller to pursue the necessary claims against the carrier, the recipient must confirm these reservations in writing (letter or email) on the day of delivery.

In the event of an apparent defect in the delivered products, the recipient has three (3) business days (excluding public holidays) from the date of receipt to submit a claim to the Seller for non-conformity or apparent defects, along with all supporting documentation (including photographs). After this period, and if these formalities have not been observed, the products will be deemed compliant and free from any apparent defects, and no claim will be accepted by the Seller.

Products delivered, whose non-conformity or apparent or hidden defects have been duly proven by the Buyer, under the conditions provided for in Articles L.211-4 et seq. of the Consumer Code, will be subject to replacement or refund, at the Consumer's choice, as soon as possible.

ARTICLE 8 – RIGHT OF WITHDRAWAL
In accordance with the legal provisions in force, the Buyer has a period of fourteen (14) working days from the physical receipt of the product by him or the third party designated by him, to exercise his right of withdrawal with the Seller, without having to justify a reason, or pay a penalty.

Returns must be made in their original and complete condition (packaging, accessories, instructions, etc.) and accompanied by a clear and unambiguous statement signed by the Buyer expressing their intention to withdraw from the purchase, as well as a copy of the purchase invoice. Return shipping costs and risks are the responsibility of the Buyer.

Only items returned by the Buyer within fourteen (14) days and in a condition suitable for resale will be accepted. Return address: Boutique Bras, 14 Place Patte d'Oie, 12210 Laguiole, France.

Once opened, incomplete returns, or returns with damaged packaging, will not be accepted. No returns or replacements will be accepted for any products after their expiration date. If these products are returned despite the expiration date, no refund will be issued.

If the right of withdrawal is exercised within the aforementioned period, only the price of the purchased product(s) will be refunded. Shipping and return costs remain the responsibility of the Consumer. The refund will be issued within fourteen (14) days of the Seller's receipt of the returned products from the buyer, provided they meet the conditions stipulated in this article.

With regard to Gift Vouchers, the right of withdrawal can no longer be exercised by the buyer from the moment he has booked a table or a stay for a specific date in the Hotel-restaurant Bras.

ARTICLE 9 – LEGAL GUARANTEES & LIABILITY
The products sold on the Seller's website comply with current French regulations and are suitable for non-professional use. They are fully covered by the following:

The legal guarantee of conformity applies to products that are apparently defective, damaged, or do not correspond to the order. Under this guarantee, the Buyer has two (2) years from the date of delivery to take action, without having to prove that the defect existed at the time of delivery.
The legal guarantee against hidden defects arising from a flaw in materials, design, or manufacturing that affects the delivered products and renders them unfit for their intended use. This is subject to the conditions stipulated in Articles 1641 to 1649 of the Civil Code and provided that the buyer proves the existence of the hidden defect and takes action within two (2) years of discovering the defect.
The Seller shall not be held liable in the following cases:

Failure to comply with the legislation of the country in which the products are delivered is the buyer's responsibility to verify.
warranty does not cover damage resulting from improper storage, use, negligence, or lack of maintenance by the consumer, nor from normal wear and tear, accidents, or force majeure.
In any event, the seller's warranty is limited to the replacement or refund of non-conforming or defective products.

For any difficulties or further information, the Buyer may contact the Mail Order Department either by telephone at +33 5 65 44 63 14, by email at boutique@bras.fr, or by mail to the following address: Boutique Bras, 14 Place Patte d'Oie, 12210 Laguiole, France

ARTICLE 10 – DATA PROCESSING & FREEDOM
In application of Law No. 78-17 of 06/01/78, it is noted that the personal data which is requested from the Buyer is necessary for the processing of his order and in particular for the establishment of invoices.

In accordance with applicable national and European regulations, the Buyer has a permanent right to access, modify, rectify and object to all of his or her personal data.

He can exercise this right by sending an email to the following address: boutique@bras.fr.

ARTICLE 11 – INTELLECTUAL PROPERTY
The content of the website is the property of SAS BRAS and as such, it is protected by French and international laws relating to intellectual property.

Any mention or use of trademarks, trade names, acronyms, logos or technical documents belonging to or registered by SAS BRAS without its prior written consent is liable to legal action.

ARTICLE 12 – APPLICABLE LAW
These General Terms and Conditions and the transactions arising therefrom are governed by and subject to French law. In the event that they are translated into one or more foreign languages, only the French text shall prevail.

Any dispute relating to the interpretation or execution of said General Terms and Conditions of Sale shall be submitted to the Commercial Court of the jurisdiction of the registered office of SAS BRAS.