ANDY BROOK

General Terms & Conditions

Preamble

These general terms and conditions of sale apply to all sales concluded on the Andy Brook website. Andy Brook is a service provided by the company ANDY BROOK, located at 139 rue de Paris, 94220 Charenton-Le-Pont, France. The website address is www.andy-brook.com, and the email address is hello@andy-brook.com. The phone number is 01 84 60 88 88. The Andy Brook website sells the following products: prescription glasses and sunglasses.

The customer declares to have read and accepted the general terms and conditions of sale prior to placing an order. The validation of the order implies acceptance of the general terms and conditions of sale.

Article 1 – Principles

These general conditions express the entire obligations of the parties and constitute the sole foundation of the commercial relationship between the seller and the buyer. They prevail over any other document and apply without restriction to all services provided by the seller to professional buyers. The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to modify its general conditions, and they will apply from the date of publication. If a sales condition is missing, it will be considered governed by the practices in force in the distance selling sector of companies based in France. These general conditions of sale are provided to any buyer upon request to enable them to place an order. These general conditions of sale are applicable until December 31, 2020.

Article 2 – Content

These general conditions aim to define the rights and obligations of the parties in the context of online sales of goods and products offered by the seller to the buyer. These conditions apply only to purchases made on this website and delivered exclusively in mainland France and Corsica. For delivery to overseas territories or outside of France, it should be specified to obtain a specific quote.

Article 3 – Order

The buyer places an online order using the online catalog and the form on the website. To validate the order, the buyer must accept these general conditions by clicking in the designated place on the website. Acceptance will result in the sending of a confirmation email by the seller, as described below. The buyer must choose the delivery address and method. Payment is made by bank transfer. Every order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will be addressed within the framework of a possible exchange and the guarantees mentioned below. In certain cases, such as non-payment, incorrect address, or other issues with the buyer’s account, the seller reserves the right to block the buyer’s order until the issue is resolved. In case of unavailability of an ordered product, the buyer will be informed by email. The cancellation of the order for this product and its possible refund will be carried out, with the rest of the order remaining firm and final.

For any order to be validated, a minimum of 15 pieces must have already been ordered via the professional space and approved by the sales department, or a minimum order of 15 pieces must be placed with the representative of the buyer’s department. For any questions regarding the follow-up of an order, the buyer can:

Call the following number: 01 84 60 88 88 (local call cost), on the following days and hours: Monday to Friday from 10:00 am to 6:00 pm,
Send an email to the following address: hello@andy-brook.com.

Article 4 – Electronic Signature

The online provision of the buyer’s bank details and the final validation of the order will constitute proof of the buyer’s agreement. This will allow the seller to obtain the payment of the amounts due under the purchase order, and it will be considered as the signature and express acceptance of all operations carried out. In case of fraudulent use of bank details, the buyer is invited to contact the seller immediately upon noticing this use, by calling the following number: 01 84 60 88 88, or by sending an email to the following address: hello@andy-brook.com.

Article 5 – Order Confirmation

Contractual information will be confirmed by email at the latest at the time of delivery or, failing that, at the address indicated by the buyer on the order form.

Article 6 – Transaction Proof

Computerized records, kept in the seller’s computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of purchase orders and invoices is done on a reliable and durable medium that can be produced as evidence.

Article 7 – Product Information

The products governed by these general conditions are those listed on the seller’s website and indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented as accurately as possible. However, if errors or omissions have occurred in this presentation, the seller’s liability cannot be engaged. The product photographs are not contractual.

Article 8 – Prices

The seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on that date. Prices are in euros and do not include delivery charges, which are billed additionally and indicated before order validation. Prices include the applicable VAT on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the online store’s product prices. Payment of the total price must be made at the time of the order. At no time can the amounts paid be considered as down payments or installments. If one or more taxes or contributions, especially environmental ones, are created or modified, upward or downward, this change may be reflected in the selling price of the products.

Article 9 – Payment Method

Payment is made by bank transfer. It is a command with an obligation of payment, meaning that placing the order implies payment by the buyer. Payment of the order is made only by direct debit from the buyer’s bank account. The buyer must enter their bank details in the designated place and confirm this entry by adding their bank details to the order form. The seller reserves the right to suspend any order management and delivery in case of refusal of payment authorization by officially accredited organizations or in case of non-payment. The seller particularly reserves the right to refuse to make a delivery or honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. The seller has implemented a verification procedure for orders to ensure that no one uses another person’s bank details without their knowledge. As part of this verification, the buyer may be asked to send a copy of an identity document and proof of residence by fax to the seller, or by regular mail.

The order will only be validated after the seller receives and verifies the documents sent.

The price is payable in full and in a single installment upon receipt of the order. The payment date will be mentioned on the invoice sent to the buyer.

Late Payment

Any delay in payment will result in the immediate payment of the entire amounts due to the seller by the buyer, without prejudice to any other action that the seller would be entitled to take against the buyer.

Article 10 – Product Availability

Unless in cases of force majeure or during clearly announced closure periods on the homepage of the site, the shipping times will, within the limits of available stocks, be as indicated below. The shipping times start from the order registration date indicated on the order confirmation email. For any delivery in France (mainland and Corsica), the indicative shipping time is 2 to 4 working days from the date of shipment, and for any delivery outside France (overseas territories and foreign countries), the indicative shipping time is 5 to 10 working days from the date of shipment. The indicative shipping times are communicated in working days, meaning from Monday to Friday, excluding public holidays. In the case of an order for several products with different shipping times, the shipping time is based on the longest time. The seller reserves the right to split shipments. Participation in processing and shipping costs will only be invoiced for a single shipment. In the case of a split shipment, only the participation in processing and shipping costs related to the products actually shipped will be invoiced.

If a product ordered is not available, the buyer will be informed by email as soon as possible. The buyer will then have the option of canceling their order. The buyer will then be refunded within 30 days at the latest of the amounts paid. If the buyer chooses to maintain their order, the seller will provide an equivalent product within the limits of available stocks.

Article 11 – Delivery

Delivery is made to the address specified by the buyer when ordering, provided that this address is located in mainland France, Corsica, or any other destination specified on the website. Delivery cannot be made to hotels or post office boxes. The products are delivered by an independent carrier, at the buyer’s expense. The buyer is responsible for checking the condition of the packaging and the conformity of the products delivered. It is important for the buyer to notify the carrier and the seller of any reservations about the delivered product (for example, damaged package, already opened, etc.) within 3 days of receipt of the product.

The buyer must check the completeness and conformity of the products received at the time of delivery. No claim will be accepted after delivery, except for hidden defects. If the buyer finds that the products do not conform to the order, are damaged, or have a hidden defect, the buyer must inform the seller by email (hello@andy-brook.com) or by mail (ANDY BROOK, 139 rue de Paris, 94220 Charenton-Le-Pont, France) within 3 days of delivery, providing photos of the non-compliant or damaged products. The buyer must keep the packaging and the delivery note.

Delivery errors or damaged products must be reported to the seller within 3 days of delivery.

Article 12 – Transfer of Ownership – Transfer of Risks

The transfer of ownership of the seller’s products, for the benefit of the buyer, will only be carried out after full payment of the price by the latter, regardless of the delivery date of said products. Regardless of the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating thereto will only be carried out when the buyer takes physical possession of the products. The products, therefore, travel at the seller’s risk.

Article 13 – Withdrawal Period

In accordance with the legal provisions in force, the buyer has a withdrawal period of 14 days from the receipt of the products to exercise their right of withdrawal without having to justify reasons or pay penalties, with the exception of return costs. The buyer must notify the seller of their decision to withdraw by sending an unequivocal statement (for example, letter sent by post or email) to the following address: ANDY BROOK, 139 rue de Paris, 94220 Charenton-Le-Pont, France, or hello@andy-brook.com.

The buyer can use the withdrawal form template but is not obliged to do so.

In order for the withdrawal period to be respected, the buyer must send their communication regarding the exercise of the right of withdrawal before the expiration of the withdrawal period.

Effects of Withdrawal

In the event of withdrawal by the buyer, the seller will refund all payments received from the buyer, including the delivery costs (with the exception of additional costs resulting from the choice of a delivery method other than the standard delivery method offered by the seller) without undue delay and, in any case, no later than 14 days from the day on which the seller is informed of the buyer’s decision to withdraw. The refund will be made using the same means of payment as the one used by the buyer for the initial transaction, unless the buyer expressly agrees to a different means, in any case, this refund will not incur any costs for the buyer. The seller may defer the refund until the products are recovered or until the buyer has provided proof of shipment of the products, whichever comes first.

Return of Products

The buyer must return the products to the seller without undue delay and, in any case, no later than 14 days from the day on which the buyer has communicated their decision to withdraw. This deadline is deemed to be respected if the buyer returns the products before the expiration of the 14-day period. The buyer bears the direct costs of returning the products. The buyer is only liable for the depreciation of the products resulting from handling other than those necessary to establish the nature, characteristics, and proper functioning of the products.

Exceptions to the Right of Withdrawal

The right of withdrawal does not apply to contracts for the supply of goods made to the consumer’s specifications or clearly personalized, or which, due to their nature, cannot be re-shipped or are liable to deteriorate or expire rapidly.

Article 14 – Guarantees

All products supplied by the seller benefit from the legal guarantee provided for in articles 1641 and following of the Civil Code. In the event of non-compliance of a product sold, it may be returned to the seller, who will take it back, exchange it, or refund it. All complaints, requests for exchange or refund must be made by email to hello@andy-brook.com within 30 days of delivery.

The seller will refund or exchange the products deemed non-compliant after verification. The refund will be made within 30 days of the seller’s acknowledgment of the non-compliance of the product. The seller’s liability cannot be invoked in the following cases:

non-compliance with the legislation of the country in which the products are delivered, which the buyer must verify;
in case of misuse, use for professional purposes, negligence, or lack of maintenance on the part of the buyer, as well as in the case of normal wear and tear of the product, accident, or force majeure.

The guarantee of the seller is, in any case, limited to the replacement or reimbursement of non-compliant products.

Article 15 – Personal Data

The seller collects personal data about the buyer, including their name, address, telephone number, email address, bank details, and other information necessary for order processing. The seller undertakes to protect the privacy of the buyer’s personal data and to comply with the applicable data protection regulations, in particular, the General Data Protection Regulation (GDPR). The data collected during the order process is necessary for the management of the buyer’s order and the establishment of invoices. This data may be communicated to the seller’s partners responsible for the execution, processing, management, and payment of orders. The buyer has a right to access, rectify, oppose, and delete their personal data. To exercise this right, the buyer can contact the seller by email at hello@andy-brook.com or by mail at ANDY BROOK, 139 rue de Paris, 94220 Charenton-Le-Pont, France.

The buyer’s data may also be used by the seller for direct marketing purposes, subject to the buyer’s consent. The buyer has the right to withdraw their consent at any time by contacting the seller.

The seller may also collect non-personal data, which may be used by the seller to improve the website, analyze trends, administer the website, track the buyer’s movements around the website, and gather demographic information about the buyer base as a whole. Non-personal data is not linked to personal information.

The seller undertakes to implement all necessary measures to ensure the security and confidentiality of the buyer’s personal data.

Article 16 – Intellectual Property

The content of the website is the property of the seller and its partners and is protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting. In addition, the seller retains ownership of all intellectual property rights to the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the buyer). The buyer therefore refrains from any reproduction or exploitation of said studies, drawings, models, and prototypes, etc., without the express written consent of the seller, who may condition it on financial compensation.

Article 17 – Force Majeure

The parties will be released from their obligations in the event of force majeure. The occurrence of a force majeure event will suspend the execution of the contract. If the force majeure event continues for more than three months, the contract may be terminated without compensation for either party.

Article 18 – Applicable Law – Disputes

These general conditions are subject to French law. In the event of a dispute, the French courts will have sole jurisdiction.

The parties undertake to seek an amicable solution to any dispute that may arise from the interpretation or execution of the Contract. If they do not succeed, the parties will submit the dispute to the Commercial Court.

Article 19 – Collection of Personal Data 

Data collected:

The personal data collected on this site includes the following:
Account opening: When creating the user’s account, their name, surname, email address, phone number, postal address, etc.;
Connection: When the user logs into the website, the site records, among other things, their name, surname, login data, usage data, location, and payment-related data.
Profile: Using the services provided on the website allows the user to provide a profile, which may include an address and a phone number.

Payment:

In the context of payment for products and services offered on the website, the site records financial data related to the user’s bank account or credit card.
Communication: When the website is used to communicate with other members, data concerning the user’s communications is temporarily stored.
Cookies: Cookies are used as part of the website’s usage. The user has the option to disable cookies from their browser settings.

Use of personal data

The personal data collected from users aims to provide the services of the website, improve them, and maintain a secure environment. More specifically, the uses are as follows:

I – Access and use of the website by the user;
II – Management of the operation and optimization of the website;
III – Organization of the terms of use of payment services;
IV – Verification, identification, and authentication of data transmitted by the user;
V – Proposal to the user to communicate with other users of the website;
VI – Implementation of user support;
VII – Customization of services by displaying advertisements based on the user’s browsing history, according to their preferences;
VIII – Prevention and detection of fraud, malware (malicious software), and management of security incidents;
IX – Handling potential disputes with users;
X – Sending commercial and advertising information, based on user preferences.

Sharing of personal data with third parties

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

I – When the user uses payment services, the website is in contact with third-party banking and financial companies with which it has entered into contracts to implement these services;
II – When the user posts information accessible to the public in the free comment areas of the website;
III – When the user authorizes a third-party website to access their data;
IV – When the website uses service providers to provide user support, advertising, and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations;
V – If required by law, the website may transmit data to respond to claims filed against the website and comply with administrative and judicial procedures;
If the website is involved in a merger, acquisition, asset sale, or judicial reorganization procedure, it may be required to transfer or share all or part of its assets, including personal data. In this case, users would be informed before personal data is transferred to a third party.

Security and confidentiality:

The website implements organizational, technical, software, and physical measures regarding digital security to protect personal data against alterations, destruction, and unauthorized 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

In accordance with the applicable regulations on personal data, users have the following rights, which they can exercise at the following address hello@andy-brook.com:

They can update or delete their data by logging into their account and configuring the settings of this account;
They can delete their account by writing to the email address hello@andy-brook.com. 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 the deletion of their account;
They can exercise their right of access to know the personal data concerning them by writing to the email address hello@andy-brook.com. In this case, before implementing this right, the website may request proof of the user’s identity to verify its accuracy;
If the personal data held by the website is inaccurate, they can request the updating of the information by writing to the email address hello@andy-brook.com;
Users can request the deletion of their personal data in accordance with the applicable data protection laws by writing to the email address hello@andy-brook.com.

Evolution of this clause

The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification 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 modification by email, 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, they have the option to delete their account.

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