General Sales and Usage Terms

Welcome to the Ma Petite Brocante by Audrey shop!

www.mapetitebrocantebyaudrey.fr (the "Site") is published by the company Ma Petite Brocante by Audrey, a simplified single-person joint-stock company with a capital of €1000, registered office at 87 Avenue Charles de Gaulle, 62200 Boulogne-sur-Mer, France, registered with the Boulogne-sur-Mer Trade and Companies Register under number 908 380 009, and VAT identification number FR20908380009 (hereinafter "Ma Petite Brocante by Audrey SASU").

  1. Application of the General Sales Terms

The detailed general sales terms (the "GST") below apply to all product orders (the "Products") placed through the Site with Ma Petite Brocante by Audrey SASU by any person (the "Client").

The Client must read the GST before placing any order (the "Order"), as the GST is available on the Site. Ma Petite Brocante by Audrey SASU reserves the right to adapt or modify these GST at any time. However, the version of the GST applicable to any sale is the one available online on the Site at the time of the Order. Consequently, placing an Order requires the Client's full and unconditional acceptance of the GST by clicking the "I accept the general sales terms" button.

  1. Site Information and Accessibility

The Site is accessible to all internet users 24/7, except for interruptions, whether scheduled or not, by Ma Petite Brocante by Audrey SASU or its service providers, for maintenance and/or security purposes or in case of force majeure (as defined below). Ma Petite Brocante by Audrey SASU shall not be held responsible for any damage, of any nature whatsoever, resulting from unavailability of the Site caused by a third party or a case of force majeure. Ma Petite Brocante by Audrey SASU does not guarantee that the Site will be free of anomalies, errors, or bugs, nor that the Site will operate without failure or interruption. Ma Petite Brocante by Audrey SASU cannot be held responsible for data transmission problems, connection issues, or network unavailability that are not within its control. Ma Petite Brocante by Audrey SASU reserves the right to evolve the Site for technical or commercial reasons.

  1. Registration on the Site

To place an Order, the Client must first register on the Site by creating an account containing the Client's information (the "Account").

The Client receives a confirmation email upon registration.

When creating the Account, the Client must ensure the accuracy and completeness of the provided data. The Client is required to keep their personal information up to date at all times. In case of an error in the recipient's address, Ma Petite Brocante by Audrey SASU cannot be held responsible for the inability to deliver the Products.

By registering on the Site, the Client declares and guarantees to Ma Petite Brocante by Audrey SASU that they are of legal age and have the legal capacity to contract.

The Client can delete their account at any time by contacting Ma Petite Brocante by Audrey SASU at the email address: audreymontbobier@hotmail.com.

  1. Products

The Products offered for sale are those described on the Site on the day of the Client's consultation, within the limits of available stocks. These indications are automatically updated in real-time. In the event of a sale of a Product mistakenly indicated as available, Ma Petite Brocante by Audrey SASU will offer a refund for the Order.

The Products available on the Site are either renovated furniture or second-hand items. For the second category, the Client understands that these are second-hand products that may have slight defects or signs of wear, as specified in the Product description and/or photographs of the Product.

  1. Orders

Ordering on the Site is subject to compliance with the procedure established by Ma Petite Brocante by Audrey SASU on the Site, including successive steps leading to the validation of the Order.

The Client can select as many Products as desired, which will be added to the cart (the "Cart"). The Cart summarizes the Products chosen by the Client, as well as the prices, taxes, and associated fees. The Client can freely modify the Cart before confirming the Order. Order validation confirms the Client's acceptance of the GST, the purchased Products, their prices, and associated taxes and fees.

An order confirmation email summarizing the Order (Product(s), price, quantity, etc.) will be sent to the Client by Ma Petite Brocante by Audrey SASU. In this regard, the Client expressly accepts the use of email for Ma Petite Brocante by Audrey SASU's confirmation of the Order content. Invoices are available in the "my account" section of the Site.

  1. Limited Product Availability

Ma Petite Brocante by Audrey SASU reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information on it.

Ma Petite Brocante by Audrey SASU cannot be held responsible towards the Client or a third party for the harmful consequences of withdrawing a Product from the Site, or replacing or modifying any content or information on this Site.

  1. Prices and Payment Terms

The prices of the products are indicated on the Site in euros, including VAT and shipping costs, but excluding customs duties and other taxes for shipments outside the European Union. For shipments outside the European Union, if applicable, customs duties and other taxes must be paid directly by the Client to the carrier.

All displayed prices are calculated and include the applicable value-added tax (VAT) in France.

Ma Petite Brocante by Audrey SASU reserves the right to modify its prices at any time, but Products will be invoiced based on the rates displayed at the time of Order payment.

· Payment for purchases is made either via Paypal or via the secure platform of our payment provider Stripe.

For information about Paypal, the client can visit the following website: https://www.paypal.com. For information about Stripes, the Client can visit the following website: https://www.stripes.com

The Client expressly acknowledges that validating the Order commits them to pay the price of the Products.

The data recorded and kept by Ma Petite Brocante by Audrey SASU constitute proof of the Order and all past sales, unless contested by the Client.

Unless contested by the Client, the data recorded by Paypal or Stripes constitutes proof of any financial transaction between the Client and Ma Petite Brocante by Audrey SASU.

  1. Delivery

Deliveries are made to the destinations offered on the Site and operated by providers available based on the options offered at the time of placing the Order.

Delivery terms and conditions are indicated on the Site and vary depending on the one chosen by the Client.

Delivery means the transfer of physical possession of the Products to the Client (the "Delivery").

The applicable Delivery fees for the Order are those mentioned on the Site at the time of the Order.

The risk of loss or deterioration of the Product is transferred to the Client at the time of Delivery.

Exceptionally, the risk is transferred to the Client when the Product is handed over to the carrier if the Client decides to use a carrier not offered on the Site.

Delivery is made to the delivery address indicated by the Client, provided that it is the residence address of the Client, a natural person of their choice, or a legal person (delivery to their business).

In case of inability to make the Delivery due to an incorrect delivery address or if the Client does not collect the Products within the time specified by the carrier, Ma Petite Brocante by Audrey SASU reserves the right to charge re-shipping fees.

The countries where delivery is accepted and delivery times are indicated on the Site at the time of placing the Order, depending on the Client's choice.

To ensure that the displayed deadlines can be met, the Client must ensure that they have provided accurate and complete information regarding the Delivery address (such as, notably: street number, building number, staircase, access codes, intercom names and/or numbers, etc.). In case of exceeding the Delivery time, the Client can request the cancellation of the sale and, within a maximum of fourteen (14) days from the request, obtain a refund of the amounts paid for the Order.

  1. Liability

Ma Petite Brocante by Audrey SASU's liability cannot be engaged for non-performance or improper performance of the GST in the event of force majeure, the occurrence of an event attributable to the Client, or any inconvenience, unforeseen and insurmountable damage inherent in a third party, particularly the use of the Internet.

Documents, descriptions, and information regarding the Products on the Site are not covered by any warranty, explicit or implicit, except for the warranties provided by law.

  1. Warranties

10.1 Legal Conformity Warranty

Ma Petite Brocante by Audrey SASU is only required to deliver Products that comply with the contractual provisions. Products are considered to be in compliance with the contractual provisions if they meet the conditions of articles L217-4 and L217-5 of the Consumer Code.

Thus, the Client:

  • has a period of two (2) years from the delivery of the Product to act in the event of a lack of conformity of the Product,

  • is exempt from providing proof of the existence of the conformity defect of the good during the twenty-four months following the delivery of the Product, except for used Products for which the period is six (6) months following the delivery of the Product

  • can choose between repairing or replacing the Product, subject to cost conditions provided for in article L217-12 of the Consumer Code; However, the conformity warranty is excluded when the Client was aware of the defect or could not have been unaware of it at the time of contracting.

Similarly, the legal conformity warranty does not apply if Ma Petite Brocante by Audrey SASU proves that the conformity defect did not exist at the time of delivery of the Product.

10.2 Legal Warranty for Hidden Defects In addition, the Client can also implement the legal warranty for hidden defects of the sold item, within the meaning of articles 1641 and following of the Civil Code. The warranty for hidden defects allows the Client to be protected against hidden defects in the purchased Product that prevent its use or affect it to such an extent that the Client would not have bought it. Thus, within two years from the discovery of the defect, the Client has the choice between two options: keeping the Product and requesting a price reduction, or returning the Product and requesting a refund of the paid price, in accordance with article 1644 of the Civil Code.

  1. Force Majeure

In the event of the occurrence of a force majeure event preventing the execution of these GST, Ma Petite Brocante by Audrey SASU informs the Client within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgment of receipt. All obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the force majeure event lasts for more than three (3) months, the transaction concerned may be terminated at the request of Ma Petite Brocante by Audrey SASU or the Client without compensation on either side.

  1. Personal Data

The Client's personal data is processed in accordance with the regulations on the protection of personal data as described in the Privacy Policy.

  1. Partial Invalidity

If one or more provisions of these GST are held to be invalid or declared as such in application of a law, regulation, or as a result of a final decision of a competent court, the other provisions will retain their full force and effect.

  1. Non-Waiver

No tolerance, inaction, or inertia by Ma Petite Brocante by Audrey SASU can be interpreted as a waiver of its rights under the GST.

  1. Returns and Withdrawal

In the context of distance selling (without the simultaneous physical presence of the parties), the client has, in accordance with Article L 121-20 of the French Consumer Code, a withdrawal period of fourteen days from the delivery of their order to return the product to the seller for a refund.

The withdrawal must be made by email to Ma Petite Brocante by Audrey SASU, specifying complete contact details, the date, and the reference of the order. The return of the product must then be made within 14 days. The client is responsible for paying the return costs. In any case, the return is at the client's risk. It is the client's responsibility to keep any proof of return.

No refund will be made if the product subject to the right of withdrawal is returned damaged, deteriorated, incomplete, or broken to Ma Petite Brocante by Audrey SASU.

If the above conditions are met, the refund will be made within fourteen days from the date of receipt of the package.

In accordance with the provisions of Article L121-20-2 of the Consumer Code, the client cannot withdraw if the product they ordered was made to measure (customized furniture).

  1. Mediation - Applicable Law - Competent Jurisdiction

These GST are subject to French law.

In the event of a complaint not resolved amicably by the Customer Service, and in accordance with Article L612-1 of the Consumer Code, the consumer client can resort for free to the mediation service within a period of less than one year from their written complaint to Ma Petite Brocante by Audrey SASU.

Thus, to contact the mediator, the consumer client must submit their request using one of the following methods:

Regardless of the method of submission used, the request must imperatively contain:

  • The postal, telephone, and electronic contact details of the applicant,

  • The name and address at Sas Médiation Solution of the professional concerned,

  • A brief statement of the facts. The consumer will inform the mediator of what they expect from this mediation and why,

  • Copy of the prior complaint,

  • All documents allowing the processing of the request (order form, invoice, proof of payment, etc.)

The client can also contact the online dispute resolution platform set up by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. In the absence of an amicable resolution, any dispute relating to the interpretation or execution of the GST is subject to the legally competent courts.

  1. Contact

For any information, you can contact Customer Service at audreymontbobier@hotmail.com or by phone at +33 (6)95 56 53 62.

ANNEX 1: MODEL WITHDRAWAL FORM

To the attention of Ma Petite Brocante by Audrey SASU – 87 Avenue Charles de Gaulle, 62200 Boulogne-sur-Mer, France

Email: audreymontbobier@hotmail.com

I hereby notify you of my withdrawal from the contract concerning the sale of the item(s) below:

Ordered on .............. (order date) and/or received on .............. (delivery date)

Consumer's Name:

Consumer's Address:

Consumer's Signature (only in case of submitting this form on paper):

Date: