| Terms and conditions
Article 1 - GENERAL PROVISIONS - SCOPE
1.1 These General Terms and Conditions of Sale ("GTCS") determine the rights and obligations of the parties in connection with the online sale of Products offered by EP PUBLISHING ("the Company").
1.2 Any Order placed on the EP PUBLISHING web site implies the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to French law. These GTC are therefore an integral part of the Contract between the Client and the Company. They are fully enforceable against the Client, who declares that he/she has read them and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTC shall apply to any Order placed by a natural person of legal age acting as a consumer. The Client therefore certifies that he/she is a natural person over 18 years of age, acting for purposes that do not fall within the scope of his/her commercial, industrial, craft, liberal or agricultural activity. He/she acknowledges that he/she has the full capacity to commit himself/herself when placing an Order and undertakes to provide truthful information regarding his/her identity.
1.4 EXCLUSION: Persons acting in a professional capacity, i.e. natural or legal persons, public or private, who are acting for purposes within the scope of their commercial, industrial, craft, liberal or agricultural activity, including if they are acting in the name of or on behalf of another professional, are expressly excluded from the scope of these GTC.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The GTC applicable to each Order are those in force on the date of payment (or the first payment in the case of multiple payments) of the Order. The Company reserves the right to modify them at any time by publishing a new version on its website. These GTC are available on the Company's website at the following address: https://popbrush.shop/pages/cgv and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Ordering process
To purchase one or more Products on the site, the Customer selects each Product and adds it to his/her basket. Once his selection is complete, he must confirm his basket to proceed to the Order (1st click)
At this point, the Client is redirected to a page containing :
A summary of the Products selected, the corresponding prices, the delivery terms and costs. It is then up to the customer to check and, if necessary, correct the contents of their basket.
The present GTC. It is the Customer's responsibility to read them carefully before validating the entire Order.
This validation of the Order after verification of the basket and reading of the GTC (2nd click) is equivalent to the conclusion of the Contract and the Customer acknowledges that the 2nd click entails an obligation to pay on his/her part.
The Customer is then redirected to the payment page. They can choose between the different payment methods offered and proceed to pay for their Order.
Once the Order has been validated and payment has been made, the Client shall receive a confirmation message from the Company at the e-mail address he/she provided to create his/her account. This message contains, in pdf format
The summary of the order (selected products, price, delivery terms and costs);
The precise identification of the EURL EP PUBLISHING and its activity;
The number of the Order ;
The terms, conditions and withdrawal form;
The present GTC in pdf format.
If the Client does not receive the Order confirmation, he/she is advised to contact the Company via the contact form on the website.
The Customer will then receive a purchase invoice in electronic form, which the Customer expressly accepts.
The Customer is strongly advised to keep this confirmation message and the purchase invoice, which is also sent to him in electronic format, as these documents can be produced as proof of the Contract.
2.2 Refusal by the Company to validate the Order
The Company reserves the right to refuse your Order for any legitimate reason, including for example:
Order not in accordance with the GTC;
Quantities ordered that do not correspond to normal use by a consumer customer;
Non-payment of a previous Order or an ongoing dispute concerning a previous Order;
Suspicion of fraud on the Order (supported by a body of corroborating evidence).
Article 3 - SPECIFICATIONS AND AVAILABILITY OF PRODUCTS
3.1 Product specifications
The essential characteristics of the goods and their respective prices are made available to the Client on the Company's websites, as well as information on the use of the product, if applicable.
Although the Company takes reasonable care to ensure that the Specifications are accurate, the Specifications, subject to certain exceptions, such as pricing information, are provided by the Company's suppliers. Accordingly, the Company accepts no responsibility for any errors that may be contained in the Specifications.
The Specifications are presented in detail and in the French language. The Parties agree that the illustrations, videos or photos of the Products offerted for sale have no contractual value. The validity period of the offre of the Products as well as their prices is specified on the Company's websites.
3.2 Availability of Products
Product offers are valid while stocks last with our suppliers. This availability of Products is normally indicated on the specific Product page.
However, insofar as the Company does not reserve stock (except in the particular case of Products indicated as pre-orders on the Product sheet), placing a Product in the shopping basket does not absolutely guarantee the availability of the Product and its price.
In the event that a Product becomes unavailable after the validation of the Client's Order, the Company shall immediately inform the Client by email. The Order shall be automatically cancelled and the Company shall refund the price of the Product initially ordered, as well as any sum paid for the Order.
However, if the Order contains Products other than the one that has become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 - PRODUCT PRICES
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price recommended by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the prices at which the Product is commonly sold in a panel of retailers distributing it. This price is updated as soon as the brand, the manufacturer or its official representative communicates a new recommended price for the Product or as soon as the price applied within the panel of retailers is modified.
4.2 Changes to the prices shown on the sites
The prices of the Products are indicated on the Product description pages. They are indicated exclusive of tax, customs duties and shipping costs. The Company reserves the right to modify the prices of the Products at any time, in compliance with the applicable legislation.
The Products ordered will be invoiced on the basis of the price in force on the site at the time the Order is validated.
4.3 Product prices
Insofar as many Products are imported from abroad (outside the European Union) at the request of Customers, the prices of Products sold through the websites are indicated in Euros excluding taxes (excluding VAT and customs duties) unless otherwise indicated. They are precisely determined on the pages describing the Products. They are also indicated in Euros excluding tax (excluding VAT and customs duties), unless otherwise indicated, on the Product Order page, and excluding specific shipping costs.
The prices of the Products do not include import VAT, import taxes or customs duties, which shall be paid in addition and shall be entirely at the expense of the Customer, who shall be liable for such taxes as the recipient of the Product.
The prices of the Product(s) do not include the costs of packing, wrapping, shipping, transport, insurance and delivery of the Product(s) to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the declaration and payment of import VAT when clearing the Product through customs. The Client may be required to pay import VAT. To the extent that this tax is not within the Company's control, the Company shall not be liable for any refund of such tax.
For all products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated exclusive of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. The Company has no control over these duties and taxes.
They will be at the Client's expense and responsibility (declarations, payment to the competent authorities, etc.). In this respect, the Company invites the Client to obtain information on these aspects from the relevant local authorities.
Article 5 - PAYMENT OF THE PRODUCT PRICE
5.1 Timing of payment
Payment of the full price of the Order must be made immediately after the Order has been confirmed.
The Company may, in exceptional cases, grant payment in several instalments, particularly in view of the amount to be paid and its knowledge of the Client concerned. However, the Company is under no obligation to grant such payment terms. In the event of a particular situation, the Client may make a request to the Company's Customer Service Department at the following address contact@popbrush.shop
5.2 Payment methods
To pay for the Order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards linked to a banking establishment located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Client guarantees the Company that he/she has the necessary authorisation to pay with the bank card used. The Client expressly acknowledges that the commitment to pay by card is irrevocable and that the communication of his/her bank card number constitutes authorisation to debit his/her account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
Payments by credit card are made via a secure payment platform and the credit card information communicated benefits from the SSL encryption process.
Payment via Paypal
Payment by Paypal is accepted up to a limit of €1,000.
It is emphasised that in the event of recourse to this method of payment, the General Terms and Conditions of Use of Paypal, which are available on their website, are added to these GTC.
Payment by vouchers and/or promotional codes
The vouchers and/or promotional codes issued by the Company may be used to pay for all or part of the Order. These vouchers and/or promotional codes are only valid once. In the event of any attempt to fraudulently use the vouchers and/or promotional codes, the Company may cancel the Order outright.
In general, in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment of the Order, the Company reserves the right to suspend and/or cancel the said Order.
The Company reserves the right to suspend any of the payment methods at any time, in particular in the event that a payment service provider no longer offers the service used or in the event of a dispute with a Client concerning a previous Order.
The Company reserves the right to set up a procedure for verifying Orders to ensure that no one uses another person's bank details without their knowledge. As part of this verification process, the Client may be asked to send a copy of an identity document, proof of address and a copy of the bank card used for payment to the Company by email or post. Precise indications on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Client in case of verification. The order will only be validated after receipt and verification of the documents sent.
Article 6 - DELIVERY - DEDICATION - RECEPTION
6.1 Delivery
Prior to the validation of the Order, the Company shall provide the Client with information concerning the different delivery methods and their respective prices. Once the Client has chosen a delivery method, the Company shall provide the Client with an estimated delivery time.
The Company will do its utmost to ensure that the Product(s) is (are) delivered on or before the scheduled delivery date. In the event of any difficulty, the Company undertakes to contact the Client promptly to inform him/her and to seek an appropriate solution.
The Customer shall bear the full cost of air freight, shipping and/or delivery of the Product(s) ("Delivery Costs"). These delivery costs are included in the final price invoiced to the Customer at the time of the Order. On the other hand, any customs fees are not included in the price charged to the Client by the Company.
Depending on the methods chosen by the Customer, delivery will be made either to the address given by the Customer or, where applicable, to a relay point chosen by the Customer from the list of available points. It is therefore the Customer's responsibility to check the information provided for delivery, as he/she alone is responsible for any failure to deliver due to incomplete or erroneous information.
6.2 Customs clearance
At the time of purchase, the Customer buys the Product free of tax and becomes the importer of the Product purchased in his capacity as the recipient of the Product.
The Customer is therefore particularly responsible for the import and customs clearance of the Product with the local customs offices. Depending on the price of his order, he may be asked to pay customs duties (for Products with a customs value of more than €150).
The Client is solely responsible for the process of declaring customs duties when clearing the Product through customs. These customs duties, which are not invoiced to the Client by the Company, are not the responsibility of the Company. The Company shall therefore not be liable for the reimbursement of such duties.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to check that the Product is complete and undamaged.
In the event of an anomaly, the Client must contact the Company's Customer Service Department within three days (excluding public holidays) of the date of receipt of the Product. Any complaint filed after this time cannot be processed.
Article 7 - WITHDRAWAL
7.1 Principle and deadline
The Customer has the right to cancel the Order within fourteen (14) calendar days from the date of receipt of the Order, without giving any reason. In the event of an Order for several Products, the period shall run from the date of receipt of the last Product.
If the right of withdrawal is exercised within the aforementioned period, the price of the Product(s) purchased and the shipping costs will be reimbursed, with the cost of returning the Product(s) being borne by the Customer.
7.2 Exclusions
In accordance with the provisions of Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for the following contracts
The supply of goods or services whose price depends on fluctuations in the financial market beyond the trader's control and which may occur during the withdrawal period;
The supply of goods made to the consumer's specifications or clearly personalised;
The supply of goods that are likely to deteriorate or expire rapidly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
The supply of goods which, after delivery and by their nature, are inseparably mixed with other articles;
The supply of alcoholic beverages where delivery is delayed beyond thirty days and where the value agreed at the conclusion of the contract depends on fluctuations in the market beyond the trader's control;
Maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for such publications;
Concluded at a public auction ;
7.3 How to exercise the right of withdrawal
In order to exercise the right of withdrawal, the Client must inform the Company of his intention to withdraw either by filling in the standard form, a model of which is given below, or by sending an unambiguous statement expressing his intention to withdraw within the 14 day period mentioned above.
Model withdrawal form :
To the attention of EP PUBLISHING, (popbrush.shop), Customer Service,
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the Product below:
Product name :
Date of order and receipt :
Order number :
Tracking number of the withdrawal request :
Name of the Client :
Client's address :
Signature of the Client: (only if this form is notified on paper)
Date :
This form should be sent to the Company at: contact@popbrush.shop
The Client has a period of 14 days from the sending of the notification of withdrawal to return the Product to the Company in its original packaging, the cost of return being borne exclusively by the Client.
The Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to enable the Company to re-sell them. In the event of receipt of Products that are open, used, incomplete, damaged or soiled, the Company will not refund the Customer and may even, if it deems it necessary and appropriate, hold the Customer liable for depreciation of the Product.
In the event of the return of the Product under the conditions provided for by the law and these GTC, the Company will reimburse all the sums paid by the Client, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned afterwards. In this case, the Company will only proceed with the reimbursement after reception and verification of the condition of the returned Product.
This refund will be made using the same means of payment as that used by the Customer to pay for the Order, unless the Customer expressly agrees to another means of payment. In the event of payment by gift voucher/promotional code, the Customer will be reimbursed either by sending new gift vouchers/promotional codes for an amount identical to that paid in this form.
Article 8 - GUARANTEES
8.1 Legal guarantees
The Company shall remain liable for defects in conformity of the goods in accordance with the provisions of Articles L.217-4 et seq. of the French Consumer Code as well as for hidden defects in the goods sold in accordance with Articles 1641 et seq. of the French Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided for in Articles L.217-4 et seq. of the French Consumer Code), the Consumer Customer :
Has a period of 2 years from the date of issue to act
May choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code
Is exempted from proving the existence of the lack of conformity during the 24 months following the delivery of the good if the Product is new, and during the 6 months following the delivery if the Product is sold second-hand.
The Customer may also decide to act within the framework of the legal guarantee against hidden defects as defined in Article 1641 of the Civil Code, the Customer may choose between the resolution of the sale or a reduction of the price, in accordance with Article 1644 of the Civil Code.
These legal guarantees apply independently of any contractual guarantee.
Reproduction of applicable texts:
L.217-4 Code de la Consommation
"The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery. He shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or carried out under his responsibility. »
L.217-5 Code de la Consommation
"The property is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or on labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and accepted by the latter. »
L.217-9 Code de la Consommation
"In the event of a lack of conformity, the buyer shall choose between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other option, taking into account the value of the goods or the importance of the defect. He shall then be obliged to proceed, unless this is impossible, according to the method not chosen by the buyer. »
L.217-12 Code de la Consommation
"The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would only have given a lower price for it, if he had known about them. »
1648 of the Civil Code
"The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. […] »
8.2 Manufacturer's warranty
Certain Products for sale on the Site benefit from a contractual guarantee granted by the supplier or manufacturer of the Product, to which the Company is not directly party.
The existence of such guarantees is mentioned, where applicable, on the specific page of the Product.
If the Client wishes to make use of this guarantee, he/she should inform the Company by contacting the Customer Service Department and consult the terms and conditions of application of the guarantee, which are generally included in the box concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not prevent the application of the legal provisions concerning the legal warranty of conformity and the legal warranty of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
As part of the commercial relationship, the Company, which is responsible for processing, collects a certain amount of compulsory personal data (including, in particular, surname, first name, delivery address, etc., which are indicated by an asterisk) which are absolutely necessary for processing the Order, managing the commercial relationship, compiling statistics and complying with the Company's legal and regulatory obligations. They are kept for 5 years from the end of the Contract.
If the Customer fails to provide this information, it will be impossible to process the Order.
This data is intended for internal use by the Company but may be transmitted to companies that contribute to the execution of the service, including in particular those that ensure the delivery of the Products or process payments.
With regard to this personal data, the Customer has several rights:
Right of access to personal data ;
Right of rectification and deletion if personal data are inaccurate, incomplete, ambiguous, outdated or if the collection, use, communication and storage of certain data is prohibited;
Right to limit the processing of data, provided that such request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to object to the processing of data (especially in the case of processing for commercial prospecting)
Right to formulate post-mortem directives concerning the retention, deletion and communication of your personal data
Right to withdraw consent to certain processing operations (processing operations carried out before withdrawal of consent remain lawful)
Right to complain to the CNIL.
To exercise their rights, the Client may send a request to the Company, via :
a letter to contact@popbrush.shop
The request must mention the Customer's e-mail address, surname, first name and postal address and must be accompanied by a copy of his or her identification document on both sides.
A reply will be sent within one month of receipt of the application.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specifically stated on the page of a Product, sales of Products on the site do not entail any transfer of intellectual property on the Products sold.
Trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company or their initial owner. No transfer of intellectual property rights is made through these GTC.
Article 11 - FORCE MAJEURE
The Company shall not be held liable for any failure to perform its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent its performance. The Company will notify the client of the occurrence of such an event as soon as possible.
Article 12 - EXCLUSION OF LIABILITY
Notwithstanding anything to the contrary contained herein, the Company shall in no event be liable for any loss or damage due to improper use of the Product(s) by the Customer, including but not limited to any modification or alteration of the Product(s) not authorised by the Company.
Article 13 - SUSPENSION - TERMINATION OF ACCOUNT
The Company reserves the right to suspend or terminate the account of a Client who contravenes the provisions of the GTC, or in general the applicable legal provisions, without prejudice to any damages that the Company may claim.
Any person whose account has been suspended or closed will not be able to order subsequently or create a new account on the Site without the Company's prior authorisation.
Article 14 - ARCHIVING - EVIDENCE
In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.
At the time of each Order, the Order summary is sent by email to the Client and archived on the Company's website.
Communications between the Company and the Client are archived on computerised registers which are kept for 5 years under reasonable security conditions. These registers, on which exchanges are recorded on a reliable and durable medium, are considered as proof of communications, orders, payments and transactions between the Client and the Company. They may be produced as proof of the Contract.
The archiving of communications, the order, the details of the order, as well as the invoices is effected on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of Article 1360 of the Civil Code. This information may be produced as proof of the contract.
The Customer will have access to the archived elements on request at contact@popbrush.shop
Article 15 - NULLITY AND MODIFICATION OF THE T&Cs
If any provision of these GTC is invalid, it shall be deemed unwritten, but this shall not invalidate all the contractual provisions.
Any tolerance on the part of the Company in the application of all or part of the commitments made in the context of these GTC, regardless of the frequency and duration, shall not be deemed to constitute a modification of the GTC, nor to generate any right whatsoever for the Client.
Article 16 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These GTC are subject to French law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.
If no solution is found directly with the Customer Service, the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.
