Terms
And
Conditions

Overview

These terms of sale apply to all sales conducted in the AndyBrook website.
Andy Brook website is a service of:

the company ANDY BROOK
located 19 rue de Reims 94700 Maisons-Alfort
website : www.pro.andy-brook.com
email address : contact@andybrook.fr
phone : +33 1 84 60 88 88

Andy Brook website commercialize the following products : eyeglasses and sunglasses.
By placing an order for products through the site, you agree to be bound by and accept the terms of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale.

1 – Principles

These terms of sale express the completeness of the obligations of the parts. They represent the single source of the commercial relationship between the parties, and in this sense the buyer is deemed to have accepted them without any reservation.
These terms of sale predominate any other document, including any terms for buying. They applywithout restriction or reservation, to all services provided by the seller to the professional buyer.
The seller and buyer agree that these terms of sale exclusively regulates their relationship. The seller reserves the right to modify or replace these Terms at any time. They will be effective as soon as published on the website.
If a condition is found to be lacking, it would be governed by the procedures in force in the area of distance selling companies which have headquarters in France.
These terms of sales are communicated to any buyer that express the need in order to process an order.
These terms of sale are applicable at any time.

2 – Content

These Terms of Sale are intended to define the rights and obligations of the parties in connection with the online sale of goods offered by the seller to the consumer.
These terms of sale apply only to the purchases done by you in this site and delivered exclusively in metropole France as well as Corsica. For any delivery in the DOM-TOM or outside France, this should be stated to obtain a precise quotation.

3 – The order

The buyer places his order online, from the product catalogue available by using the avaialble application form on the website.
For the order to be validated, the buyer will have to accept, by clicking on the link indicated on the website, these terms of sale. This agreement will lead to a mailing from the seller, according to the conditions described below.
The buyer will have to define the delivery address and method. The payment will be processed by automatic debit.
All orders placed suppose acceptance of prices and product descriptions. Any dispute on this point will occur in the context of a possible exchange and guarantees listed below.
In some cases, not limited but including the following ones : payment default, wrong shipping address or any other issue on the buyer account, the seller reserves the right to block the order until problem resolution.
In case a product is not available we will inform you by mail.
The order of this product will be cancelled and its refund will enventually be made, the rest of the order will be considered as definite.

For an order to be accepted, a minimum of 30 products should have already been purchased through the professional e-shop or have been ordered with your local Andy Brook sales agent.

For any question regarding an order follow up, the buyer can :

“dial in the following number : +33 1 84 60 88 88, at the following times and days : Monday to Friday, 10 am to 6 pm.”
send an email to : contact@andybrook.fr

4 – Electronic signature

The data supplied to place the order online such as bank details and the final acceptance of the order by the buyer are proof of the acceptance of the terms prevailing for this purchase. This will enable the seller to obtain payability of all sums due for the order and will be worth signature and express acceptance of all operations at the site.
In case of fraudulent use of the bank details, the buyer is invited, upon the finding of such use, to contact the seller by calling him at the following phone number +33 1 84 60 88 88 or by sending an email at the following address contact@andybrook.fr:
contact@andybrook.fr.

5 – Order confirmation

The contractual information will be confirmed via e-mail to the address indicated by the consumer in the purchase order or, failing that, at the postal address indicated in the order form.

6 – Proof of the business transaction

The computerized databases, preserved in the information technology systems of the seller under reasonable safety conditions, will be regarded as the evidence of the communications, the orders and of the payments occurred between the parts.The filing of purchase orders and invoices is made on a reliable and durable backup media and can be produced as evidence.

7 – Products information

The products governed by these terms of sales are the ones availables on the seller website and that are indicated as sold and shipped by the seller while sotck is available.
Products are described and presented with the utmost accuracy possible. However mistakes happen, the information found may countain errors, the responsibility of the Seller cannot be engaged if errors occur.
The photographs on the Site are not under contract.

8 – Price

Calculation

The Seller reserves the right to change prices at any time, but commits to apply the current prices that are indicated when the buyer takes an order, and if goods are available in stock at this time. Prices are indicated in Euros.They do not take into account expenses of delivery, charged in supplement, and indicated before the validation of the order.The price includes the VAT applicable on the day of ordering and any changes in the rate will be automatically applied to the price of the products in the shop online.
Total payment of the price shall be performed when ordering. The sums paid can never be considered to be deposits or part payments.
Similarly, if one or more taxes or contributions, including environmental had to be created or modified, up as down, this changethis change will be reflected in the price of selling items.

Deposit

Any order may lead to the payment of a deposit, which details will be laid down at the time of the sale. Except in case of “Force Majeure”, any cancellation of the order by the buyer shall not give rise to a claim for any refund.

Price discount

Eventually the buyer might be granted of discounts and specific rebates, according to specific conditions defined at the time of order.

9 – Payment method

Payment

This is an order requiring payment, which means that placing the order implies payment by the buyer. Payment for the order will only be made by direct debit from the buyer’s bank account.The purchaser must enter his/her bank details in the space provided and confirm this entry by adding his/her bank details. The buyer must enter his/her bank details in the space provided and confirm this by adding his/her bank details as an attachment to the order form. The seller reserves the right to suspend any order and any delivery in the event of refusal to authorise payment by officially accredited bodies or in the event of non-payment. In particular, the seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress. The seller has set up an order verification procedure designed to ensure that no one uses another person’s bank details without their knowledge. As part of this verification process, the buyer may be asked to fax the seller a copy of an identity document and proof of address. The order will not be validated until the seller has received and checked the documents sent.
The price is payable in full in a single instalment on receipt of the order. The payment date will be indicated on the invoice sent to the buyer.

Payment delay

Any delay in payment will result in all sums owed to the seller by the buyer becoming immediately payable, without prejudice to any other action that the seller may be entitled to take against the buyer in this respect.

10 – Products avaialbility

Except in cases of force majeure or during periods of closure clearly announced on the home page of the site, the delivery times will be, within the limit of available stocks, those indicated below. Delivery times run from the order registration date indicated on the order confirmation email.
For all deliveries in France (mainland and Corsica), the delivery time is 48/72 hours from the day following that on which the buyer placed the order.
For deliveries to French overseas departments and territories or outside France, please let us know so that we can provide you with a specific quote.
In the event of delay, the seller cannot be held liable, for any reason whatsoever. Consequently, no claim for compensation of any kind may be made by the buyer.
If the product ordered is unavailable, the buyer will be informed as soon as possible and will have the option of cancelling the order. The buyer will then have the choice of requesting either a refund of the sums paid within 30 days of their payment, or an exchange of the product.

11 – Delivery terms and conditions

Delivery will only be made once payment has been confirmed by the seller’s bank.
It is supplied within the period specified in Article 10, from receipt by the seller of the order form.
Any delay of more than 10 days may result in the cancellation of the sale. Any deposit paid or payment made when the order was placed will then be returned to the purchaser.
In the event of non-compliance with the above payment conditions, the seller may suspend or cancel the sale.
The products are delivered to the address indicated by the purchaser on the order form; the purchaser must ensure that this address is correct.
Any parcel returned to the seller because of an incorrect or incomplete delivery address will be reshipped at the buyer’s expense. At the buyer’s request, an invoice may be sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a delivery notice in the letterbox, which will allow the parcel to be collected from the place and within the time indicated.
f, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items.
If they have been damaged, the buyer must refuse the parcel and note a reservation on the delivery note (parcel refused because opened or damaged).
The purchaser must indicate on the delivery note and in the form of handwritten reservations accompanied by his/her signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.).
This verification is considered to have been carried out once the purchaser, or a person authorised by the purchaser, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail within two working days of receiving the item(s) at the latest, and send a copy of this letter by fax or ordinary mail to the seller at the address given in the legal notice on the site.
If the products need to be returned to the seller, a request for their return must be made to the seller within 14 working days of delivery. Any claim made after this deadline will not be accepted. Products may only be returned in their original condition (packaging, accessories, instructions, etc.).

12 – Incorrect deliveries

The purchaser must notify the seller on the day of delivery, or at the latest on the first working day following delivery, of any claim of error of delivery and/or non-conformity of the products in kind or in quality in relation to the information given on the order form. Any claim made after this deadline will be rejected.
The claim may be made, at the buyer’s choice:

by contacting the seller on the following telephone number : +33 1 84 60 88 88
by using the following email address : contact@andybrook.fr

Any claim not made in accordance with the rules set out above and within the time limits set will not be taken into account and will release the seller from all liability towards the buyer.
On receipt of the complaint, the seller will allocate an exchange number for the product(s) concerned and will communicate this by e-mail to the buyer. A product can only be exchanged once the exchange number has been allocated.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety and in its original packaging, by registered Colissimo, to the following address: 8 rue Carnot, 95410, Groslay.
Return postage is at the seller’s expense.

13 – Product warranties

The seller guarantees the buyer against any lack of conformity of the services and any latent defect resulting from a defect in the design or supply of the said services, to the exclusion of any negligence or fault on the part of the buyer.
In any event, should the seller be held liable, the seller’s guarantee will be limited to the amount paid by the buyer for the purchase of the goods, excluding VAT.

14 – Right of wothdrawal

As the buyer is a professional purchasing in the context of and for the needs of his profession, there is no need to apply the right of withdrawal provided for in the Consumer Code.

15 – Force majeure

Any circumstances beyond the control of the parties, preventing the performance of their obligations under normal conditions, are considered to be grounds for exoneration from the obligations of the parties and will result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
Force majeure” means any irresistible event or circumstance that is external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts to do so. The following are expressly considered to be cases of force majeure or fortuitous events, in addition to those usually accepted by the case law of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, stoppage of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will meet to examine the impact of the event and agree the conditions under which performance of the contract will continue. If the case of force majeure lasts for more than three months, these general terms and conditions may be terminated by the injured party.

16 – Partial non-validation

If one or more clauses of these general terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other clauses will retain all their force and scope.

17 – Non-waiver

The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.

18 – Governing law

These terms and conditions are governed by French law.
The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or performance of the Contract.
If they fail to do so, the parties shall submit the dispute to the Commercial Court.

19- Personal data collection

Data collected:

The following personal data are collected on this site:
Opening an account: when the user’s account is created, their surname, first name, e-mail address, telephone number and postal address are recorded;
Connection: when the user connects to the website, it records their surname, first name, connection data, usage data, location data and payment data.
Profile: when you use the services provided on the website, you will be asked to enter a profile, which may include an address and telephone number.
Payment: when paying for products and services offered on the website, the website records financial data relating to the user’s bank account or credit card.
Communication: when the website is used to communicate with other members, data relating to user communications is stored temporarily.
Cookies: cookies are used when using the site. Users can deactivate cookies using their browser settings.

Use of personal data

The personal data collected from users is used to provide and improve website services and to maintain a secure environment. More specifically, it is used for the following purposes

access and use of the website by the user ;
managing the operation and optimisation of the website;
organisation of the conditions of use of the Payment Services ;
verification, identification and authentication of data transmitted by the user ;
offer the user the possibility of communicating with other users of the website;
implementation of user support ;
personalise services by displaying advertisements based on the user’s browsing history and preferences;
prevention and detection of fraud, malicious software and management of security incidents;
managing any disputes with users;
sending commercial and advertising information based on the user’s preferences.

Sharing personal data with third parties

Personal data may be shared with third-party companies in the following cases:

when the user uses payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has signed contracts;
when the user publishes information accessible to the public in the free comment areas of the website;
when the user authorises a third party’s website to access his/her data;
when the website uses the services of service providers to provide user support, advertising and payment services. These service providers have limited access to the user’s data in order to provide these services, and are contractually obliged to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
if required by law, the website may transmit data in order to pursue claims against the website and to comply with administrative and legal proceedings;
if the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before any personal data is transferred to a third party.

Security and confidentiality

The website implements organisational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorised access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.

Implementation of user rights

Pursuant to the regulations applicable to personal data, users have the following rights, which they may exercise at the following email address contact@andybrook.fr :

They can update or delete their personal data by logging into their account and configuring the account settings;
they can delete their account by writing to the following e-mail address contact@andybrook.fr. It should be noted that information shared with other users, such as posts on forums, may remain visible to the public on the website, even after their account has been deleted;
they may exercise their right of access to their personal data by writing to the following e-mail address: contact@andybrook.fr. In this case, before exercising this right, the website may request proof of the user’s identity in order to verify its accuracy;
if the personal data held by the website is inaccurate, they may request that the information be updated, by writing to the following e-mail address: contact@andybrook.fr ;
Users may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following e-mail address: contact@andybrook.fr.

Changes to this clause

The website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by e-mail at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause he can delete his account.

Terms And Conditions