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General terms and conditions of sale

General terms and conditions of sale of Brumaire, a French société à responsabilité limitée with a share capital of €20,000, recorded with the Paris Trade and Companies register under number 808 049 738,

Registered office: 99 Faubourg du Temple – 75010 Paris

  1. Purpose of the contract

Brumaire, located at 99 Faubourg du Temple – 75010 Paris, has a show-room at 23 Rue St Paul – 75004 Paris.

Brumaire, under its commercial name, Bien Fait, presents a variety of decoration products, wall coverings and wallpapers “on line”, to enable customers to choose their products with as much information as possible before buying on line,

With this in mind, Brumaire offers customers (hereinafter “the Customer”) a range of web-based services that are governed by these general terms and conditions of sale.

Brumaire may modify the general terms and conditions of sale if it sees fit. All orders made under former general terms and conditions shall be governed by those.

The sale between the customer and Brumaire shall only be confirmed if the customer accepts the general terms and conditions of sale.

  1. The products

The products presented on the website are in the category of: wallpapers. Each product is presented with its technical characteristics and a unique reference number.

The photos may be modified at the Company’s discretion, and the colors in the photos are not legally binding and may differ from the actual products or samples sent. The Company shall not be held liable for differences due to monitor quality.

  1. Ordering

– Procedure

Each order must be confirmed by the Customer’s acceptance of the general terms and conditions of sale. The order will only be approved once payment has been made through the relevant method, and after confirmation by the bank that payment has been received.

Confirmation of the Customer’s order is sent to the email address provided by the Customer in their order.

Only upon approval of the payment will the sale be confirmed and production started.

The date of the order is the date of approval.

All orders made during the weekend (between Friday midday and Monday 9 am) will be processed on Tuesday at the latest. Any orders received in the morning and approved will be processed within 48h to ensure the shortest possible delivery lead time.

It is possible to track orders using a tracking number that will be sent to customers.

Bank holidays: Orders will be processed on the following working day

– Cancellation of orders

In the event that the Customer cancels an order, a compensating indemnity equal to or greater than 50% of the value of the order may be kept. This indemnity may reach 100% of the price if the products are made to measure for the customer.

In any case, in the event of a cancellation with partial refund, the customer shall be reimbursed within one month of the date of the acceptance of the cancellation by Brumaire.

  1. Prices

All prices are quoted in euros. Prices stated on product sheets do not include transport costs.

The price given on the order confirmation is the final price, including all taxes and duties for France. It includes the cost of products, handling and packaging costs, and transport costs. The applicable VAT rate is the VAT rate in force in France on the day of the order. All changes to VAT rates will be reflected in product prices.

BIEN Fait reserves the right to change its prices at any time. In the event of a modification, the price invoiced to the Customer shall be the price stated in the order form and accepted by the Customer upon its approval.

  1. Methods of payment

On line by credit card (e.g. Visa). Bien Fait reserves the right to accept other methods of payment on a one-off basis.

  1. Payment

Payment shall be due at the time of order.

The buyer is responsible for saving and printing their payment slip if they want to keep the bank details pertaining to the transaction.

Upon request, the buyer will be sent a paper invoice detailing the VAT.

  1. Specific terms and conditions for buyers in French overseas departments and territories

Products sent to French overseas departments and territories: the price stated on the invoice excludes VAT. Local customs/import duties and taxes shall be payable. These taxes and duties shall in all cases be payable by the buyer

  1. Ownership reserve and transfer of risks

Brumaire shall remain owner of the products delivered until they have been paid for in full by the Customer.

  1. Delivery costs

The Company reserves the right to charge delivery costs to the Customer. This cost, when confirmed, shall be added to the invoice total

  1. Delivery

Brumaire shall not be required to store products paid for by customers but for which the delivery address is missing or erroneous.

Brumaire shall not be held liable for an incorrect delivery address.

In this case, following a three-month period, the products shall be put on sale again and the payment shall be kept by Brumaire

Brumaire shall not be held liable if the delivery cannot be carried out for reasons of accessibility or the absence of someone to take receipt of the products.

Products returned to Brumaire due to a delivery error or the absence of the addressee shall be re-dispatched at the expense of the customer.

– Lead times

Delivery lead times shall be 7 working days from the date of confirmation of the order, except in the event of stockout (stated lead times are for information purposes only and are not legally binding).

In the event that the Company is closed for annual leave, orders shall be processed in the week following its reopening.

  1. Complaints

All products supplied by the seller are covered by the legal guarantees provided by articles 1641 et seq. of the French Civil Code.

If the products received are not those ordered, after verification that the mistake is not due to Customer error, the products shall be returned by the Customer at Brumaire’s expense.

– Incorrect products or quantities

In the event that the quantity of products delivered does not match the order form, the Customer will be sent the items missing from the order at Brumaire’s expense.

In the event that the items delivered differ from those ordered, the products will be returned at the expense of Brumaire, which will order the correct products to replace them.

-Damage due to transport

The essential condition for the refund or replacement of goods:

Upon delivery, the customer or their representative must check the goods in the presence of a haulier authorized for the purposes thereof. In the case of damage due to transport, the customer, in their capacity as addressee, must expressly notify the haulier of their reservations within the designated lead time, and send a copy to Brumaire, which reserves the right to refuse the return, refund or replacement of the products

Guarantee of conformity

In the event of the non-conformity of a product sold, it may be returned to the seller, which will take it back, replace it, or make a refund.

All complaints regarding non-conformities, requests for replacements, or refunds must be made by email to the following address:

  1. Cooling-off period

Non-professional individual consumers have a seven-day cooling-off period following the delivery of their order if they wish to return the product to the seller for a replacement or refund, with no penalty except for the return postage costs.

Returned products must still be in their original packaging and condition. They must not have been used or deteriorated, even minimally, and they must be perfectly clean.

The cooling-off period is not applicable for customized, made-to-measure articles, such as digitally printed wallpapers with colors or designs requested by the Customer or for special productions.

Return delivery costs shall remain at the Customer’s expense.

  1. Force majeure and natural disasters

Brumaire shall not be held liable for longer lead times or failure to deliver in cases of force majeure, transport strikes, roadblocks, natural disasters or if it is impossible to travel.

  1. Hold harmless clause

Brumaire shall not be held liable for the inappropriate or incorrect use of the products the customer has ordered. Brumaire shall in no way be held liable for the consequences of such use, including storing the products in conditions that are abnormal or incompatible with their nature, their transformation, non-compliance with hanging instructions, abnormal wear caused by incorrect cleaning, the use of glue that is incompatible with hanging wallpaper, imperfect hanging, non-compliance with hanging instructions for non-woven wallpaper, the deterioration of products due to water leaks, wear and tear, or inappropriate temperatures or humidity levels.

Although we try to represent the colors of our products as reliably as possible, we cannot guarantee that your computer monitor will accurately reflect the color of the products you will receive.

  1. Protection of personal information

In accordance with the “loi Informatique et Libertés” (French Data Protection Act) of 6th January 1978, personal information about buyers may be automatically processed.

Brumaire may collect information on buyers using the means available on the internet (e.g. cookies), and pass this information on to its commercial partners, if it so chooses.

However, buyers may request that their personal information not be passed on and they have a right to access or correct said information as per the law of 6 January 1978.

  1. Intellectual property

All the elements on www are and shall remain the exclusive intellectual property of Brumaire.

It is forbidden to reproduce, exploit, distribute, or use the elements on the website – in part or in whole, for any reason – be they software, images or audio.

Simple or hypertext links are strictly forbidden without the express written agreement of Brumaire.

  1. Disputes

These terms and conditions of on-line sale shall be governed by French law and the Paris courts shall have sole jurisdiction to settle any disputes.

We reserve the right to change these conditions of sale periodically and we ask you to refer to them every time you order.