Legal notices
For any information, please contact our Company at (33)1 48 74 04 24 from 10:30 a.m. to 7:00 p.m.
Nosy Company (hereinafter referred to as the "Company") designs and markets fashion accessories worldwide, particularly handbags of the brand: Brontibay. In order to better meet the expectations of its customers, the Company has set up, alongside the stores it operates and its distribution network, a system for remote sales via the Internet of a selection of Brontibay items.
ART.1 Scope of application
These general conditions of sale are applicable to all sales of items bearing the Company's brand, concluded via the Brontibay website set up by the Company identified by the domain names: "www.brontibay.com" and "www.brontibay.fr" (hereinafter referred to as the "Site"): - by placing an order on the Site by customers who are natural persons acting as consumers (within the meaning of the law and case law) and having their habitual residence in the European Union, Monaco, USA or Canada. - for delivery to the same customers who are natural persons on their own behalf or to any third party of their choice who also has their habitual residence in the same territories and the status of consumer (within the meaning of the law and case law).
Any sale of items bearing the Company's brand through the Site is subject to these general terms and conditions of sale, which the customer accepts. These are subject to modification and/or updating.
ART.2 Identification of the author of the offer
Nosy, a limited liability company with a capital of 8,000 euros, registered in the Paris Trade and Companies Register under number 483810131, whose registered office is located at 13, rue Lafayette - 75009 Paris - France.
Telephone: 00 (33) 1 48 74 05 24
Email address: boutique@brontibay.fr
VAT FR 22441711199
Information relating to the articles and limitation of liability
While taking the greatest care and accuracy in posting information, descriptions of items and data available on the Site or from Brontibay distributors, as well as in regularly updating them, the Company cannot be held responsible for any non-substantial errors that may occur.
Similarly, although the photographs and other reproductions of the articles faithfully represent them on the Site and from Brontibay distributors, these are only indicative and have no contractual value. In any event, in the event of non-conformity of the article delivered in relation to its description on the Site, the Company undertakes to correct this error, under the conditions of articles 10 and 11 below. More generally, the Company cannot be held responsible for: - interruptions or delays recorded on the site due to the execution of maintenance work, technical breakdowns, a case of force majeure, the actions of third parties or any circumstances whatsoever, beyond its control: - the impossibility of the customer or the Company to temporarily access the Site, due to events beyond its control, such as cases of computer breakdowns, interruption of the Internet network or failure of the customer's reception equipment to the Internet network.
ART.3 Orders for items
To place an order on the Site, the customer must be of legal age, have their habitual residence in the European Union, USA or Canada, have legal capacity and hold a bank card. Orders are received and accepted within the limits of available stocks. If, despite the Company's vigilance, the items ordered are no longer available, the Company will inform the customer by email as soon as possible and will refund the price by credit to the customer's bank account, and by check only for France.
In accordance with the provisions of Article L122-1 of the Consumer Code, the Company shall be entitled, with regard to retail sales, to refuse any order exceeding the number of authorized items: 5 items, within a limit of a maximum of 2 identical items ordered. The Company shall also be entitled to refuse any order placed by a customer with whom there is a dispute relating to the payment of a previous order or one that does not comply with these general terms and conditions of sale.
Orders are placed online as follows:
First step:
Selection of items by the customer On the Site, the customer selects, enters and validates the identification and quantity (as many clicks as quantity) of the items (the availability of which is to be confirmed where applicable by the Company): said items are added to his “Basket”.
Second step:
Checking selected items The customer can modify their “Basket” online, made up of the selected items, and delete an initially selected item. Within the “Basket”, they must choose their delivery area. Within the “Basket”, the price of the items, as defined in point 5 below, is displayed automatically.
Third step:
Confirmation of selected items and validation of the order:
Once the customer has completed their selection and wishes to confirm the composition of their “Basket”, they must then identify themselves:
- by name, his usual residential address to which the order will be invoiced by email, his telephone number. The customer must also validate: the delivery address of the order – it being specified that said address may possibly correspond to the usual place of residence in the European Union, the USA and Canada of a third-party beneficiary chosen by the customer or, failing that, to the address of the company within which the third-party beneficiary carries out his professional activity. – the amount of the shipping costs of the order being specified on this occasion - and finally the chosen payment method. Once all this information has been duly entered and validated, the price of the items, as defined in point 5 below, as well as the shipping costs are automatically displayed.
After providing their bank card number in accordance with the conditions of Article 6 below, the customer then clicks on the validate button to debit their bank account. The authorization to debit their bank account issued by the customer's bank is displayed. The customer is recommended to save and/or print said debit authorization on paper. Upon authorization to debit the customer's bank account by their bank, their "Basket" is directly transmitted to the Company's order preparation department, and the customer will then receive their order number by email. This order is binding on the customer upon receipt by the Company of the "Basket" duly completed and validated by the display of the order registration page. The customer undertakes to ensure that all information communicated to the Company complies with these general terms and conditions of sale, is complete, accurate and up-to-date.
Failing this, the Company reserves the right to cancel the order and payment outright. It is recalled that when ordering, the Company collects the following personal data: identity, address of the customer's usual residence, delivery address and means of payment. This data is necessary for processing the order and may be communicated to the Company's contractual partners, in particular, as part of the execution of the order. In accordance with the Data Protection Act of 6 January 1978, the customer has the right to access, modify, rectify and delete personal data concerning him/her. To exercise this right, simply send a letter to: info@brontibay.com or write to Brontibay boutique, 6 rue de Sévigné, 75004 Paris.
Fourth step:
Acknowledgment of receipt of the order registration by the Company upon validation by the customer.
Within a maximum of six (6) days (between 1 and 6) following the display of the order registration page, the Company acknowledges receipt of the order in the form of an email sent to the email address provided by the customer. In accordance with the provisions of Article 1369-2 of the Civil Code, the customer formally accepts the use of email for confirmation by the Company of the content of his order. This confirmation email includes all the information provided by the customer with an indication, where applicable, of any difficulties or reservations raised by the order (availability of the items ordered, delivery times or payment method chosen). It mentions the order number assigned to the customer by the Company. If the Company finds that the order does not comply with these general terms and conditions of sale (for example: incorrect delivery address, exceeding the order thresholds), it will inform the customer by email within the maximum period of six (6) days mentioned above. If the customer fails to correct any erroneous or contrary to these general terms and conditions of sale elements contained in the order with the Company, the Company reserves the right to cancel the order and payment outright. As an exception to the maximum period of six (6) days mentioned above, the email acknowledging receipt of orders with payments made using an international bank card issued by a bank domiciled outside France will only be sent by the Company once its bank account has been credited with the amounts owed by the customer.
ART.4 Proof of order
Generally speaking, it is expressly agreed between the Company and the customer that emails will be authentic between the parties, as will the automatic recording systems used on the Site, in particular with regard to the nature and date of the order. However, it is recommended that the customer also keeps a copy (in electronic format and/or on paper) of the elements relating to his order (for example, the email sent by the Company).
ART.5 Price of items
European Union: The prices displayed on the Site are indicated in EURO and include all taxes (TTC), excluding delivery costs for mainland France and the European Union.
Outside the European Union:
The prices displayed on the Site are indicated in EURO and are exclusive of tax (HT), customs fees and delivery charges. For countries outside the European Union, the prices are exclusive of tax and delivery charges, the tax being payable upon receipt of the order by the customer to the relevant local authorities. Customs fees are the responsibility of the Customer, who will be responsible for paying these charges personally, without being able to demand in any way, all or part of the reimbursement from the Company.
The prices charged are those in effect on the date of the order.
The amount of the transport costs relating to the delivery of the items will be automatically displayed when the customer confirms the delivery country chosen by the customer and will be communicated to the customer again when confirming their order by email. In accordance with the provisions of Article L.121-19 of the Consumer Code, the customer will receive, upon delivery, for each item, written confirmation of the price paid and the delivery costs payable by them.
ART.6 Payment conditions
Payment for customer purchases is made:
- By bank card: cards from the “CB” network, Visa, Eurocard, Mastercard, American Express are accepted.
Cards issued by banks domiciled outside France must be international bank cards. In this context, the customer agrees to make the payment using a bank card of which he is personally the holder and which mentions his identity (first and last name). Online payment by bank card benefits from the secure SSL online payment system. The customer accesses a secure server operating in SSL mode (128 bits) and certified by a Certification Authority. The customer must provide these bank details by completing the online payment form. The transaction is then carried out by the customer in accordance with banking security standards. By communicating these bank details, the customer accepts in advance and unconditionally that the company carries out the secure transaction. The customer therefore authorizes in advance his bank to debit his account upon seeing the records or statements transmitted by the Company, even in the absence of an invoice signed by the cardholder. The authorization to debit the customer's account is always given for the amount of the item(s) purchased as invoiced by the Company. The customer's bank card is debited within a maximum of six (6) days following the customer's clicking on the "VALIDATE" button after verification of the satisfaction of his order with these general conditions of sale and the payment guarantee by our insurer, the availability of the item(s) - and this, in the event of temporary unavailability accepted by the customer - and before the shipment of the item(s) by the Company. In the event that, for any reason whatsoever (opposition, refusal by the issuing center or our insurer, etc.), the debit of the sums due by the customer proves impossible, the order will not be recorded by the Company.
- By bank transfer: If you wish, you can pay for an order by bank transfer by calling our Boutique at: 01 48 74 05 24 from Monday to Saturday from 10:30 a.m. to 7:00 p.m.
For France only
- By check: only bank or postal checks issued by establishments domiciled in France. Confirmation of the Customer's order will only be effective upon receipt of the check and after obtaining the agreement of our insurer. In the event that, for any reason whatsoever (opposition, refusal by the issuing center or our insurer, etc.), the debit of the amounts owed by the customer proves impossible, the order will not be recorded by the Company.
ART.7 Delivery
The order will be shipped to the address indicated by the customer. Each package includes an invoice. Orders are processed upon receipt of payment. The Company shall not be liable for late delivery or stock shortages. In the event of an ordered product being out of stock, the Company undertakes to inform the customer as soon as possible and will advise them of the likely restocking time.
Shipments to France and Switzerland will be handled by La Poste and internationally by Fedex.
7.1 Returns under the NPAI reason
Some packages may be returned by the service provider under the reason: Does Not Live at the Address Indicated. If the package was sent to an incorrect address, the error being attributable to the customer, the package may be reshipped at their expense. If the address error is attributable to the sender, the latter will bear the reshipping costs.
7.2 Returns under the reason “unclaimed”
These are packages that are "unclaimed" at the post office within the specified timeframe. In all cases, the customer is responsible for collection. Reshipping is at their expense.
7.3 Shipping
In accordance with the provisions of Article L.121-20-3 of the Consumer Code, delivery of the items ordered will take place at the latest within 30 days following the date of the order and/or within the time limits mentioned in the order confirmation sent by email (this confirmation will take place between 1 and 6 days after validation of the order by the customer).
An order preparation error (items received different from those ordered) is attributable to the sender.
7.4 Legal deadline
The customer has a legal period of 15 (fifteen) days upon receipt of the package to refuse it and return it requesting a refund (withdrawal period), subject to having notified the Company and obtained its agreement. After this period, no return of goods is possible.
The package must always be returned in its original packaging, and the goods must not have suffered any damage. Return costs in the event of withdrawal are the responsibility of the customer. No withdrawal will be accepted if the returned product is unsuitable for re-marketing; Items returned incomplete, damaged or soiled by the customer will not be accepted.
7.5 Returns
Returned packages must be sent to the following address:
NOSY Boutique
13 Lafayette Street
75009 PARIS
ART.8 Retention of title
The Company reserves ownership of the delivered items until full payment of their price in principal and interest. Payment is made upon actual receipt of the price. In the event of non-payment in full or in part, the Company may, without prior notice, claim the item(s) that may have been delivered by the Company to the customer.
ART.9 Intellectual property rights
The customer is granted a license to use the Site, which remains the exclusive property of the Company, which created and put online the web pages, images and script sources, the basic data and the components. The customer is therefore prohibited from distributing or reproducing the Site, in whole or in part, in any form whatsoever. The Company's articles, the Company's Brand such as Brontibay, as well as illustrations, images, drawings, and models appearing on the Company's articles sold on the Site, their accessories or their packaging, whether registered or not, are and will remain the exclusive property of the Company. Any total or partial reproduction, downloading, modification of the brand, for any reason whatsoever and on any medium whatsoever, without the express prior written consent of the Company is strictly prohibited.
Art.10 Right of withdrawal and return of items only for the European Union
In accordance with the provisions of Articles L.121-20 et seq. of the French Consumer Code, the customer has a right of withdrawal which he may exercise, without having to justify reasons, within fourteen (14) clear days from receipt of the items. In this context, he has the option to return the items within this period, in their original packaging, in perfect condition, complete and accompanied by a copy of the invoice to the Company's address. It will be the customer's responsibility to keep all proof of this return, which assumes that the items are returned by registered mail, or by any other means giving a certain date, the return costs remaining in any case the responsibility of the customer. The reimbursement of the invoiced price of the returned items will be made, by credit to the customer's bank account or by check, generally within 7 to 10 days, the time necessary for our team to process the return and at the latest within thirty (30) days following receipt by the Company of the returned items. If the customer so wishes, the Company may issue a credit note for an amount equivalent to the order. Items returned incomplete, damaged, spoiled, deteriorated, or soiled by the customer will not be refunded in full and will not, under any circumstances, give rise to the issue of a credit note for an amount equivalent to the initial order.
Art.11 Conformity – guarantee
The customer must ensure that the items delivered to him correspond to his order. In the event that the items delivered do not conform to his order, the customer must inform the Company as soon as possible, either by telephone to the Company from 11:00 a.m. to 7:30 p.m. from Monday to Saturday, or by email to info@brontibay.fr, justifying the non-conformity of the item to the order and, after agreement from the Company, return the items in question in their original packaging in perfect condition, complete and accompanied by a copy of the invoice to the Company.
The return of the item must be made by registered mail or by any other means providing a certain date, the return costs being – if the non-conformity of the item noted by the customer is proven – the responsibility of the Company. In the absence of possible exchange of the returned item and if the customer does not wish to have a credit note from the Company, the reimbursement of the invoiced price of the returned non-conforming items will be made by credit to the customer's bank account or by check only for France, at the latest within thirty (30) days following receipt by the Company of the returned items.
Art. 12 Force majeure
The Company's performance of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure such as war, riots, insurrection, social unrest, computer breakdowns or serious impact on the security or consistency of the internet network, strikes of any kind and problems with the Company's supply. The Company will inform the customer of such a fortuitous event or force majeure as soon as possible.
Art. 13 Non-waiver
The fact that the Company refrains from requiring at any given time the execution of one of these provisions in these general conditions of sale cannot be interpreted as constituting a waiver of the right to be invoked subsequently.
Art.14 Validity of the General Conditions of Sale
If any of the provisions of these general conditions of sale is declared null and void in whole or in part, the other provisions and the other rights and obligations arising from these general conditions of sale will remain unchanged and will remain applicable.
Art. 15 Disputes
These general terms and conditions of sale are subject to French law. In the event of any difficulty arising during the ordering or delivery of the Company's items, the customer will have the opportunity, before any legal action, to seek an amicable solution.