General terms and Conditions & Protection of personal data

ARTICLE 1: APPLICATION OF THE GCV

In accordance with the provisions of the law n°2008-776 of 04/08/2008 and articles L.441-6 and following of the Commercial Code, the present general conditions apply to the commercial relations established between the company Bréard Communication and its customers, subject to any particular conditions expressly stipulated which would derogate from them. Any service, realization, transfer granted by Bréard Communication, including delivery, is subject to the present general conditions which prevail over all other conditions. The present conditions are systematically sent or given to each customer to enable them to place an order.
The fact of placing an order implies consequently the acceptance without reserve by the customer of the said general conditions. Consequently, the general conditions of the customer are not opposable to Bréard Communication.
The fact that Bréard Communication does not avail itself at a given moment of any of the present general conditions, cannot be interpreted as a renunciation to avail itself later of any of the said general conditions.

The prices of our products are indicated in euros excluding taxes and excluding participation in processing and shipping costs.
The addition of VAT to be applied is 20%.

In case of an order to a country other than France, you are the importer of the products concerned. For all products shipped outside the European Union and DOM-TOM, the price will be calculated without taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be eligible.
These rights and sums do not fall under the jurisdiction of Bréard Communication. You will be responsible for the cost of these services and for making the necessary declarations and payments to the appropriate authorities and organizations in your country. We advise you to ask your local authorities about these aspects.

All orders, whatever their origin, are payable in Euros.

Bréard Communication reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the rates in force at the time of the registration of the orders, subject to availability on that date.

In accordance with the law number 80.335 of May 18, 1980, our goods remain our property until the complete payment of their prices. In the event that the identification of such goods is impossible, all goods of the same specifications which are not identified shall be deemed to be the seller’s goods, to the extent of the seller’s claim.

ARTICLE 2 : ORDERING

The contractual information is presented in French language and will be the object of a confirmation taking again this contractual information at the latest at the time of the delivery. Bréard Communication reserves the right to cancel or refuse any order from a customer with whom there is a dispute regarding the payment of a previous order.

ARTICLE 3 : VALIDATION

You declare that you have read and accepted the present General Conditions of Sale before placing your order. The validation of your order is thus worth acceptance of these General Conditions of Sale. Unless proven otherwise, the data recorded by Bréard Communication constitute the proof of all transactions between Bréard Communication and its customers.
In case of modification of order, format, size or any other element impacting our production, a handling fee of 30€ HT will be charged.

ARTICLE 4: AVAILABILITY

Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. In this context, information on the availability of products will be provided to you at the time of placing your order. As this information comes directly from our suppliers, errors or modifications may exceptionally occur. In the event of unavailability of product after placing your order we will inform you by mail or by post. This information will be provided to you within a maximum of 5 working days.
You will have the possibility to ask for the cancellation of your order or the exchange of the missing product(s). If this unavailability should last beyond the previously announced deadline, a new e-mail or a new letter will be sent to you before the expiration of the previous deadline. As before, you will be able to request the cancellation of your order or the exchange of the missing product(s).
For payment by check, in case of unavailability of all or part of the order, the refund will be made at the option of Bréard Communication by crediting the customer’s bank account or by check within thirty days from the payment of the amounts paid by the customer.

ARTICLE 5 : DELIVERY

5-1 General

Products purchased on breard.fr are delivered in metropolitan France. The products are delivered to the delivery address you indicated during the ordering process. The times indicated are average times and correspond to the processing and delivery times. In case of items that can be delivered on different dates due to their availability, the delivery time is based on the longest time.
However, Bréard Communication reserves the right to split deliveries.
The contribution to the processing and shipping costs will only be charged for one shipment.
Bréard Communication cannot be held responsible for the consequences of a delay in delivery.
In case of delay, an email will be sent to you. In case of payment by credit or debit card, the times indicated are average times and correspond to the processing time of delivery.
In case of payment by check, the order will be processed upon receipt of the check on our bank account.
In case of payment by bank transfer, the order will be processed only upon receipt of the transfer.
Consequently, the deadlines applicable in these cases are those on the day of receipt of the transfer or receipt of the check on our bank account and may therefore be modified from those mentioned on the day of placing the order.

A financial contribution may be requested as part of the reduction of production time. This surcharge may be up to 100% of the order for overnight production or production within 24 hours.

As soon as files are sent to us as part of a production rush order, the BATS can be sent for information purposes, however their validation will not be useful for putting the order into production.

The transmission of the files will be considered as acceptance. That the files originate from the client or his duly authorized communication agency.

No claim will be possible in the absence of a duly validated print order.

5-2 Calculation of delivery times

Delivery times are calculated in working days. The delivery date indicated corresponds to the date calculated from these deadlines for a finalized order (effective payment on the account of the company, validated BAT, files conform, ready to be printed).

If the chosen method of payment is bank transfer, the delay takes effect from the reception of the said transfer on our bank account, the delivery date will then be recalculated.
If the file or files are not usable, a request for new files will be sent to the customer. The time limit only takes effect upon receipt of a usable file. The delivery date will then be recalculated.
If the customer opts for a delayed download of the files, the delivery date is recalculated from the moment the files arrive on our server. Bréard Communication is committed to respecting these deadlines. However, in exceptional cases, manufacturing or delivery problems may lead to a delay. We then do everything possible to ensure that the order reaches the customer as soon as possible. The ordered products are sent to the address indicated by the customer during the ordering process. Bréard Communication can in no way be held responsible for delays in delivery caused by an incorrect or incomplete address.

5-3 Delivery problems

We could not be held responsible for the delays of delivery, the choice of the proposed carrier being validated under the responsibility of the customer. In case of non-receipt of the goods, and after validation with the carrier, the goods will be reshipped within 15 days of the date of declaration of loss. Any parcel returned for an addressing problem by a bad seizure of the customer in his order will be re-invoiced at the rate of the forwarding without the expenses of packing.

You must notify the carrier and Bréard Communication of any reservations about the delivered product (e.g. non-conformity, damaged package, already opened…) upon receipt of the product.

The signature of the delivery order corresponds to the order placed and not contested, case of reserve by registered letter within 48 hours commits the customer irrevocably on the conformity of the goods delivered, the commitment of the signature of this delivery order inducing the fact that its signatory verified that the goods delivered are in good condition and in conformity with the order placed.

5-4 Product compliance

Upon delivery, the customer is obliged to check the goods without delay.
The customer shall not be entitled to claim defects which are the result of the data to be printed not conforming to the mandatory technical specifications of the seller.
It is agreed that a minimal color difference (+/- 10%) between the file displayed on the screen and the printed product cannot be considered a defect. It is also agreed that a difference in dimensions (+/- 5%) between the file displayed on the screen and the printed product cannot be considered a defect.
In the event of a defect in the goods, the seller may replace or repair the defective goods.
If the goods cannot be replaced or repaired, the customer may request reimbursement of the goods in return for a refund. Defects in only a part of the goods do not justify the customer to refuse the whole order.

ARTICLE 6 : PAYMENT

The payment of your purchases is made :
Either by credit cards: Visa, MasterCard, other credit cards, or by bank transfer or by check.
In case of payment by bank check, it must be issued by a bank domiciled in metropolitan France or Monaco. The check is cashed upon receipt of the check. The check should be sent to : Bréard Communication.

ARTICLE 7: REIMBURSEMENT

The refunds of the products in the hypotheses referred to in articles 5 and 8 will be carried out within a time lower or equal to 1 month after the reception of the products by our care.
The reimbursement will be made by bank check addressed to the name of the customer who placed the order and to the billing address. No COD shipment will be accepted for any reason.
A handling fee of 50 € HT will be charged to the customer who wishes a refund. These fees correspond to the administrative management of the file.

ARTICLE 8 : WITHDRAWAL PERIOD

The right of withdrawal/return, without specifying the reason, of standard guaranteed to the customer, does not apply to most of the services and products offered by Bréard Communication since the products manufactured are custom-made and are clearly personalized by a print transmitted or ordered by the customer. Only certain products are concerned by this right of withdrawal/return such as, for example, brochure holders or any other product that has not been transformed. In this case, the customer may cancel the order within 7 days of delivery of the products. To exercise this right, the customer must send his request for withdrawal/return by registered letter. At the same time, the customer must return the products in their original packaging and will bear the cost of returning the products concerned. The reimbursement of the product will take place within a maximum of 30 days from the receipt of the goods at the address of Bréard Communication. A flat fee of 50 € will be applied and deducted from the amount to be refunded.

Items returned incomplete, damaged or soiled by the customer will not be accepted.

ARTICLE 9: RIGHT OF WITHDRAWAL

In accordance with European and national regulations, the customer has a right of withdrawal of seven (7) working days for any contract concluded at a distance. This period runs from the day of the order by the customer on the site.
The customer wishing to withdraw must send, before the end of this period of seven (7) days, either a letter to the customer service, or a registered letter, addressed to the customer service whose coordinates appear under article 10 of the present, the postmark being taken as proof.
In the case of a withdrawal by e-mail, the withdrawal will be taken into account only after the customer has received an e-mail confirming the registration of his request for cancellation of the order. In the case where the customer has taken delivery of the product(s) during the withdrawal period, he/she will have to return them to Bréard Communication at 75 Rue de la République 76140 Le Petit Quevilly under the conditions described in article 8 of the present contract so that his/her request for cancellation of the order is definitively validated and so that he/she can be reimbursed.

ARTICLE 10: CUSTOMER SERVICE

For any information or question, our customer service is at your disposal: preferably by mail or by post at the following address Bréard Communication 75 Rue de la République 76140 Le Petit Quevilly.

ARTICLE 11: INTELLECTUAL PROPERTY

11.1 Unless otherwise stated, all texts, comments, works, illustrations and images reproduced on breard.fr are reserved under copyright law and intellectual property law for the whole world. In this respect and in accordance with the provisions of the intellectual property code, only use for private use is authorized, subject to different or more restrictive provisions of the intellectual property code.

11.2 Some products such as software are subject to personal and specific rights of use regulating copies, public distribution and rental. You must respect the general conditions of sale of these products, and Bréard Communication cannot be held responsible for the use that could be made of the products in this context.

ARTICLE 12: LIABILITY

The products offered are in accordance with the French legislation in force and the standards applicable in France. Bréard Communication cannot be held responsible in case of non-compliance with the legislation of the country where the product is delivered (e.g. in case of a product ban).
It is your responsibility to check with local authorities about the possibility of importing or using the products or services you are considering ordering. The photographs and graphics reproduced and illustrating the products presented are given as an indication. Of course, if you have any questions about the products you can contact our customer service. Bréard Communication cannot be held responsible for the non-execution of the contract in case of force majeure, disruption or total or partial strike of the postal services and means of transport and/or communications, flooding, fire. The total or partial impossibility to use the products, notably due to hardware incompatibility, cannot give rise to any compensation or reimbursement or to any liability on the part of Bréard Communication.

Bréard Communication cannot be held liable for any damage whatsoever resulting from the non-conforming use of its products in the context of a professional or non-professional activity.

ARTICLE 13: WARRANTY

In order to know the steps to follow concerning the after-sales service for any problem or breakdown on a product you can contact the customer service. In order to benefit from the guarantee of the products, it is imperative to keep the purchase invoice of the product. The contractual guarantee does not cover: the replacement of consumables (batteries, bulbs, fuses …), the abnormal or non-conforming use of products. Breakdowns related to accessories (power cables, …), defects and their consequences related to the use not in accordance with the use for which the product is intended (professional use, collective, …), defects and their consequences related to any external cause.

However, in any case you benefit from the provisions of the legal guarantee, in particular those relating to the guarantee of hidden defects.

ARTICLE 14: APPLICABLE LAW – DISPUTES

This contract is subject to French law. The language of this contract is French.
The French version of these general terms and conditions of sale shall be the only authentic version.
In the event of a dispute, the Parties agree to meet to try to find an amicable solution.
For all disputes relating to the formation, execution, interpretation, termination, cancellation of the verbal or written contractual relationship between Bréard Communication and the customer, French law is applicable and the Commercial Court of Rouen will have exclusive jurisdiction, notwithstanding any clause to the contrary stipulated in the customer’s documents.
The Bréard Communication website is hosted and administered in France, and these terms and conditions are subject to French law.
In the event that any provision of these Terms is held to be invalid by virtue of any present or future legal or regulatory provision, or by virtue of a court decision having the force of res judicata and emanating from a competent court or body, such provision of the contract shall be deemed unwritten, all other provisions of these Terms remaining in full force and effect between the Parties.
The present provisions do not deprive customers living outside France of the rules provided for in the international conventions applicable to them.

ARTICLE 15: PERSONAL INFORMATION

In accordance with the provisions of the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the Site was the subject of a declaration to the CNIL (Commission Nationale Informatique et Liberté).
The collection of your data: Bréard Communication collects personal data about you on the site, so as to offer you an efficient and personalized service, likely to meet your needs and help you use our services more easily and quickly. In addition to the information contained in the file about you, we use the information obtained about you from your current and past activities on our site to resolve any disputes, to settle any problems and to enforce our Terms and Conditions of Subscription.
If necessary, we may match multiple uses to identify and then resolve problems, including using your data to identify users operating under multiple identities or screen names. You agree that Bréard Communication may use your personal data to improve its marketing and promotional efforts, to compile statistics on the use of the Site, to improve the content and offers of the Site, so as to personalize the content, presentation and services offered, all with the aim of best satisfying the needs of Users.
Bréard Communication may also use your data to send you information that in some cases is targeted to your interests, such as banner ads, or information about new services, promotions, your use of the site, and site administration. However, you may opt-out of receiving some or all of this information by selecting this option on the e-mail notification preferences page (see below). Your data will be used to process your order and to reinforce and personalize the communication reserved for Bréard Communication’s customers, in particular through the Bréard Communication newsletters to which you may have subscribed, as well as in the context of personalizing the site according to your centers of interest. We may compile (collect data from all user accounts) personally identifiable information and share it with selected advertisers and other third parties for marketing and promotional purposes. This compilation will only be carried out with the sole objective of being able to offer you products or services within the scope of your centers of interest and bringing real added value to our offers. However, you have the right to object to this use of your data. Our goal is to protect the privacy of your personal information.
Therefore, we have implemented appropriate measures to best ensure this protection.
However, we may be required to disclose information to authorities or third parties in certain circumstances, or third parties may maliciously and illegally intercept and access your private transmissions or communications. Also, while we follow the security and confidentiality rules in our business to protect your privacy, there is a risk that your personal data and private communications may not remain private.
Right of access, rectification, and opposition the Users of the Site having provided personal information through the Site have, according to article 34 of the law of January 6, 1978, a right of access to the data which concern them, as well as a right of modification and deletion of these. To exercise this right, they just need to send a letter or an e-mail to the following address Bréard Communication 75 rue de la République 76140 Le Petit Quevilly.

Cookies, the Site is designed to be particularly attentive to the needs of its users.
This is one of the reasons why we use cookies. Cookies” are small files stored on your hard drive, not on our site, that allow us to provide you with targeted information based on your interests. The purpose of the cookie is to indicate your visit to our site.
Cookies are therefore only used by the Site to improve the personalized service that is intended for you.

ARTICLE 16: MINORS

We remind you that minors do not have the capacity to contract, that the collection of data from them must be the subject of an information of the parental authority its capacity to oppose to their conservation and/or to the transmission to third parties.