GENERAL CONDITIONS OF SALE
CONSUMER/CUSTOMER
Article 1 - GENERAL PROVISIONS - SCOPE
1.1 These General Conditions of Sale ("the GTC") determine the rights and obligations of the parties in connection with the online sale of Products offered by the company Ultra Brush.
1.2 Any Order placed on the Ultra Brush website assumes the prior and unrestricted acceptance of these General Terms and Conditions of Sale, which are subject to Polish law. These GTC are therefore an integral part of the Agreement between the Customer and the Company. They are fully opposable to the Customer who declares to have read and accepted them, without restriction or reservation, before placing the Order.
1.3 These GTCS apply to any Order placed by a natural person acting as a consumer. The Customer therefore certifies that he is a natural person over 18, acting for purposes that are not part of his commercial, industrial, artisanal, liberal or agricultural activity. He acknowledges having the full capacity to commit when placing an order and is committed to providing truthful information as to his identity.
1.4 EXCLUSION: Are expressly excluded from the scope of these GSCs persons acting as a professional, that is to say, natural or legal persons, public or private, who act for purposes within the framework of their commercial, industrial, artisanal activity; liberal or agricultural, including acting on behalf of or on behalf of another professional.
Professionals who wish to place an Order with the Company are invited to contact us directly.
1.5 The Terms and Conditions 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 General Terms and Conditions are available on the Company's website at the following address: www.Ultra-brush.com and can be downloaded in pdf format.
Article 2 - CONCLUSION OF THE ONLINE CONTRACT
2.1. Order Process
To buy one or more Products on the site, the Customer selects each Product and adds it to his basket. Once his selection is complete, he must confirm his basket to place the order (first click)
At this point, the Customer is redirected to a page containing:
A summary of the selected Products, the corresponding prices, terms and delivery charges. It is then up to him to check and possibly correct the contents of his basket.
These Terms and Conditions. It is his responsibility to read them carefully before validating the entire Order.
This validation of the Order after verification of the basket and reading the GTC (2nd click) is the conclusion of the Contract and the Customer acknowledges that the 2nd click entails a payment obligation on his part.
The Customer is then redirected to the payment page. He can choose between the different methods of payment proposed and proceeds to the payment of his Order.
After having validated his Order and made his payment, the Customer receives, on the email address that he has communicated to create his account a confirmation message from the Company. This message contains:
The summary of the order (Selected products, prices, terms and delivery charges)
In case of non-receipt of the confirmation of the Order, it is recommended that the Customer contact the Company via the contact form on the site.
The Customer then receives a purchase invoice sent 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 transmitted to him in electronic format since these documents can be produced as proof of the Contract.
We can only change orders that have not been processed for shipping yet. To make changes to your order, please reach out our support team by mail at: contact@ultra-brush.com
2.2 Case of refusal of validation of the Order by the Company
The Company reserves the right to refuse your Order for any legitimate reason, including:
Order not in accordance with the GTC;
Quantities ordered not corresponding to normal use by a consumer Customer;
Non-payment of a previous Order or pending litigation concerning a previous Order;
Suspicion of fraud on the Order (supported by a bundle of concordant indices).
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 Customer on the Company's websites, as well as, where appropriate, information on the use of the product.
We are selling the following brand mark : W-White.
Although the Company reasonably ensures 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 assumes no responsibility for any errors that may be contained in the Specifications.
Specifications are presented in detail and in English. The Parties agree that the illustrations, videos or photos of the Products offered for sale have no contractual value. The period of validity of the products and their prices are specified on the Company's websites.
3.2 Product Availability
Product offers are valid while stocks last at our suppliers. This availability of the Products is normally indicated on the specific page of the Product.
However, to the extent that the Company does not reserve stock (except in particular cases of Products reported on pre-order on the product sheet), the basket of a product does not guarantee absolutely the availability of the product. Product as well as its price.
In the event that a Product becomes unavailable after the validation of the Customer Order, the Company will immediately inform by email. The Order will be automatically canceled and the Company will refund the price of the Product initially ordered, as well as any amount paid under the Order.
However, if the Order contains other Products than the one become unavailable, these will be delivered to the Customer and the delivery costs will not be refunded.
Article 4 - PRICES OF PRODUCTS
4.1 Reference prices indicated on the sites
The reference price of the Products offered on the site is the price advised by the brand, the manufacturer or its official representative. Otherwise, it is a price determined according to the price 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 charged on the sign panel is modified.
4.2 Modification of the prices indicated on the sites
The prices of the Products are indicated on the product description pages. They are indicated excluding tax, excluding customs duties and excluding postage. The Company reserves the right to modify the prices of the Products at any time, in accordance with the applicable legislation.
The ordered Products will be invoiced on the basis of the price in force on the site at the time of the validation of the Order.
4.3 Product prices
Since many Products are imported from abroad (outside the European Union) at the request of the Customers, the prices of the Products sold through the Internet sites are indicated in Euros excluding taxes (excluding VAT and excluding customs duties) unless otherwise indicated. otherwise. They are precisely determined on the product descriptions pages. They are also quoted in Euros excluding tax (excluding VAT and customs duties), unless otherwise stated, on the Ordering Products page, and excluding specific shipping charges.
The prices of the Products do not include VAT on import, import taxes or customs duties, which must be paid in addition and will be entirely the responsibility of the Customer, who is liable for these taxes as recipient of the product.
The prices of the Product (s) do not include the costs of packaging, packaging, shipping, transportation, insurance and delivery of the Products to the delivery address.
4.4 Payment of taxes
The Customer is solely responsible for the process of declaration and payment of VAT on importation during the customs clearance of the Product. It may be required to pay import VAT. To the extent that this tax is not the responsibility of the Company, it can not be held liable for the refund of this tax.
For all products shipped outside the European Union and / or DOM-TOM, the price is calculated excluding taxes automatically 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 rights and amounts.
They will be the responsibility of the Customer and are his responsibility (statements, payment to the competent authorities, etc.). The Company invites the Client to inquire about these aspects with the corresponding local authorities.
Article 5 - PAYMENT OF THE PRICE OF PRODUCTS
5.1 Time of payment
The payment of the full price of the Order must be made immediately after the validation of the Order.
The Company may, exceptionally, grant a payment in several installments, in particular with regard to the amount to be paid and to the knowledge that it has of the Client concerned. However, the Company has no obligation to grant such payment terms. In case of special situation, the Customer may make the request by contacting the Customer Service of the Company at the following address contact@Ultra-brush.com
5.2 Methods of payment
To pay the Order, the Customer can choose between different payment methods:
Payment by credit card :
Only bank cards attached to a bank located in France or international bank cards (Visa, MasterCard, American Express and Maestro) are accepted. The Customer guarantees that the Company has the necessary authorizations to pay with the bank card used. He expressly acknowledges that the commitment to pay given by card is irrevocable and that the communication of his credit card number is equivalent to the debit authorization of his account up to the total amount corresponding to the Products ordered. The amount will be debited at the time of validation of the Order.
The credit card payments are made via a secure payment platform and the information on the bank cards communicated benefit from the SSL encryption process.
Payment by purchase order and / or coupon codes
Coupons 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 an attempt to fraudulently use the vouchers and / or promotional codes, the Company may cancel the Order outright.
Generally speaking, in case of refusal of payment authorization by officially accredited bodies or in case 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 at any time any of the payment methods, in particular where a payment service provider no longer offers the service used or in the event of a dispute with a Customer regarding a payment service. Previous order.
The Company reserves the right to set up a procedure to verify the Orders to ensure that no one uses the bank details of another person without his knowledge. As part of this verification, the Customer may be asked to send by email or by mail to the Company a copy of an identity document, a proof of address and a copy of the credit card used for payment. . Precise information on the exact content of the information requested (to preserve the confidentiality of its data) will be communicated to the Customer in case of verification. The order will be validated only after receipt and verification of the parts sent.
Article 6 - DELIVERY - CLEARANCE - RECEPTION
6.1 Delivery
Prior to the validation of the Order, the Company communicates to the Customer information concerning the different delivery methods and their respective rates. Following the choice of the delivery method by the Customer, the Company gives him an estimate of the delivery time.
The Company will make every effort to ensure that the Product (s) are delivered on or before the scheduled date of delivery. In case of difficulty, the Company undertakes to communicate quickly with the Customer to inform him and seek with him a suitable solution.
Air transport, shipping and / or delivery of the Product (s) will be fully borne by the Customer ("Delivery Charges"). These delivery charges are included in the final price charged to the Customer during the Order. However, any customs fees are not included in the price invoiced to the Customer by the Company.
Depending on the methods chosen by the Customer, the delivery will be made either to the address mentioned by the Customer or, where appropriate, to a relay point chosen by the Customer from the list of available points. It is therefore the responsibility of the Customer to check the information provided for the delivery because he remains solely responsible in case of 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 an importer of the product purchased as the recipient of the Product.
In particular, he is responsible for the process of importing and clearing the product at 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 Customer is solely responsible for the process of declaration of customs duties during the customs clearance of the Product. These customs duties, which are not invoiced to the Customer by the Company, do not fall within the purview of the Company. The latter can not be held responsible for the reimbursement of these rights.
6.3. Reception
Upon receipt of the Product, the Customer undertakes to verify that the Product is complete and that it is not damaged.
In the event of a finding of an anomaly, the Customer must contact the Customer Service of the Company within three days (excluding public holidays) following the date of receipt of the Product. Any claim filed out of time can not be processed.
Article 7 - RETRACTATION
7.1 Principle and delay
The Customer has the right to withdraw without giving any reason, within fourteen (14) calendar days from the date of receipt of the Order. In case of Order of several Products, the period runs from the receipt of the last Product.
In case of exercising the right of withdrawal within the aforementioned period, the price of the Products purchased and the shipping costs will be refunded, the cost of return remaining the responsibility of 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 can not be exercised for the following contracts:
Supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods that may deteriorate or expire quickly;
Supply of goods that have been unsealed by the consumer after delivery and that can not be returned for reasons of hygiene or health protection;
Supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
Supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be performed urgently in the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
Providing audio or video recordings or computer software when unsealed by the consumer after delivery;
Providing a newspaper, periodical or magazine, except for subscription contracts to such publications;
Concluded at a public auction;
7.3 Conditions of exercise of the right of withdrawal
To exercise the right of withdrawal, the Customer must inform the Company of its intention to withdraw either by completing the standard form, a model of which is given below, or by sending an unambiguous declaration expressing its intention to retract into the 14-day period mentioned above.
Model-type of withdrawal form:
For the attention of Ultra Brush Company,
I, the undersigned, hereby notify you of my retraction of the contract for the sale of the Product below:
Product Name:
Date of order and receipt:
Order number :
Tracking number of the withdrawal request:
Client name :
Customer's address:
Signature of the Client: (only in case of notification of this form on paper)
Date:
This form must be sent to the Company at one of the following addresse: contact@ultra-brush.com
The Customer has a period of 14 days from the sending of the notification of its withdrawal to return the Product to the Company in its original packaging, the cost of return being the sole responsibility of the Customer.
Products must be returned in their original condition and complete (packaging, accessories, instructions, etc.) to allow a sale by the Company. In the event of receipt of Open, Used, Incomplete, Damaged or Dirty Products, the Company will not make any refund and may, if it deems it necessary and appropriate, incur the Customer's liability for the depreciation of the Product.
In case of return of the Product in accordance with the conditions stipulated by the law and these GTCS, the Company will refund all the sums paid by the Customer, including delivery costs, within 14 days of the notification of withdrawal, unless the Product is returned after. In this case, the Company will proceed with the refund only after receipt and verification of the condition of the returned Product.
This refund will be made using the same means of payment used by the Customer to pay for the Order, unless otherwise expressly agreed by the Customer for another means of payment. In case of payment by gift voucher / promotional code, the Customer will be refunded either by sending new gift vouchers / promotional codes for an amount identical to the one paid in this form.
Article 8 - GUARANTEES
8.1 Legal guarantees
The Company remains liable for the lack of conformity of the goods in accordance with the provisions of Articles L.217-4 and following of the Consumer Code as well as hidden defects of the thing sold in accordance with articles 1641 and following of the Civil Code.
When acting within the framework of the legal guarantee of conformity (as provided by articles L.217-4 and following of the Code of the Consumption), the Customer Consumer:
Benefit from a period of 2 years from issue to act
Can choose between the repair or the replacement of the Product, subject to the conditions of cost envisaged by the article L.217-9 of the Code of the consumption
Is exempted from showing proof 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 secondhand.
The Customer may also decide to act under the legal warranty against hidden defects within the meaning of Article 1641 of the Civil Code, the Customer can choose between the resolution of the sale or a reduction in price, in accordance with the Article 1644 of the Civil Code.
These legal warranties apply regardless of any contractual warranty.
Reproduction of applicable texts
L.217-4 Consumer Code
"The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. He also responds to the lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or carried out under his responsibility. "
L.217-5 Consumer Code
"The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
L.217-9 Consumer Code
"In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost manifestly disproportionate compared to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless it is impossible, according to the method not chosen by the buyer. "
L.217-12 Consumer Code
"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 by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much that the buyer would not have acquired it, or would have given a lower price, had he known them. "
1648 of the Civil Code
"The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. [...] »
8.2 Manufacturer Warranty
Certain Products sold on the Site benefit from a contractual guarantee granted by the supplier or the manufacturer of the Product, to which the Company is not directly party.
The existence of this type of guarantee is mentioned, if applicable, on the specific page of the Product.
If the Customer wishes to make use of this guarantee, it should notify the Company by contacting the Customer Service and consulting the terms of application of the guarantee, which are usually inserted in the box. concerning the Product.
It is reminded that the benefit of the Manufacturer's Warranty does not preclude the application of the legal provisions concerning the legal guarantee of conformity and the legal guarantee of hidden defects.
Article 9 - PROTECTION OF PERSONAL DATA
In the context of the commercial relationship, the Company, the data controller, collects a certain number of mandatory personal data (including, in particular, last name, first name, delivery address, etc. which are indicated by an asterisk) which are absolutely necessary for the processing of data. the Order, the management of the commercial relationship, the production of statistics and compliance with the legal and regulatory obligations of the Company. They are kept for 5 years from the end of the Contract.
The fact that the Customer does not communicate this information would make it impossible to process the Order.
These data are intended for internal use by the Company but may be transmitted to the companies that contribute to the performance of the service, including those which ensure the deliveries of the Products or ensure the processing of payments.
Regarding this personal data, the Customer has several rights:
Right of access to personal data concerning him;
Right of rectification and deletion if the personal data are inaccurate, incomplete, equivocal, out of date or if the collection, the use, the communication and the conservation of some data is forbidden;
Right to limit the processing of data, provided that this request is duly justified and does not prevent the Company from complying with its regulatory and legal obligations;
Right to oppose the processing of data (especially in the case of processing for commercial prospection)
Right to formulate post-mortem directives regarding the storage, deletion and communication of your personal data
Right to withdraw consent to certain treatments (treatments performed prior to withdrawal of consent remain lawful)
Right to make a complaint to the CNIL.
To exercise his rights, the Customer may send a request to the Company, through:
a letter addressed to the Ultra Brush Company
The request must mention the Customer's email address, surname, first name, postal address and must be accompanied by a copy of his identity document recto-verso.
A reply will be sent within one month of receipt of the request.
Article 10 - INTELLECTUAL PROPERTY RIGHTS
Except as otherwise specifically stated on a Product's page, sales of Products on the Site do not result in any transfer of intellectual property over 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 of their original owner. No assignment of intellectual property rights is carried out through these GSC.
Article 11 - FORCE MAJEURE
The Company can not be held responsible for any breach of its obligations hereunder in the event of the occurrence of a fortuitous event or force majeure that would prevent its execution. 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 set forth herein, the Company shall in no event be liable for any loss or damage resulting from the improper use of the Product (s) by the Customer, including, without limitation, alteration or alteration of the Product. Product (s) not authorized 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 may be requested by the Company.
Anyone whose account has been suspended or closed can not order later or create a new account on the Site, without the prior authorization of the Company.
Article 14 - ARCHIVING - PROOF
Unless proved otherwise, the information recorded by the Company constitutes proof of all transactions.
At each Order, the order summary is sent by email to the Customer and archived on the Company's website.
The archiving of communications between the Company and the Customer is carried out on computerized registers which are kept for 5 years under reasonable conditions of security. These records, on which the exchanges are recorded on a reliable and durable support, are considered as proof of communications, orders, payments and transactions between the Customer and the Company. They may be produced as evidence of the Contract.
The archiving of the communications, the order, the details of the order, as well as the invoices is made on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information can be produced as proof of the contract.
The Customer will have access to the archived items on request at contact@Ultra-Brush.com
Article 15 - NULLITY AND AMENDMENT OF TERMS
If any provision of these GTC is void, it will be deemed unwritten, but will not invalidate all 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 GTCS, whatever may have been the frequency and duration, can not be a modification of the GSC, nor generate a any right for the Customer.
Article 16 – Shipping
Delivery will take up 10 to 60 business days. All our products are send from our warehouses in the US, France or China.
Article 17 - Returns
Our Exchange Only Policy lasts 14 days and it takes effect from the time you receive your purchase. If more than 14 days have gone by since delivery of your purchase, unfortunately we can’t offer you an exchange or price equivalent in store credit.
To be eligible for a return, your item must be unused, unopened, and in the same condition that you received it. It must also be in the original packaging.
Non-returnable items:
Gift cards
Downloadable software products
Some health and personal care items
If you wish to return an item, you must first contact us by mail at at contact@ultra-brush.com and we will provide you the address of our logistic center, depending of the county you are located.
To complete your return, we require a receipt or proof of purchase.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your return. Approved returns may be exchanged or issued a store credit equivalent to the purchase price. If you need to exchange your purchase for the same item, send us an email at contact@Ultra-Brush.com. If you prefer store credit, store credit equivalent to the purchase price will be reflected in your account. Store credits are non-transferrable.
Article 18 - APPLICABLE LAW AND SETTLEMENT OF DISPUTES
These Terms are subject to Polish law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution.
In the absence of a solution found directly with 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 transmits these claims to a competent national ombudsman. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.
LEGAL NOTICE
I. This website is published by Ecom Concept Sp. Z o.o.
Registered office: ul. Stryjenskich 19/11, 02-791 Warszawa
KRS: 0000875731
NIP: 951-251-04-24
REGON: 387858480
ACCOMMODATION
Shopify Inc., 126 York St., Ottawa, Ontario, K1N 5T5, Canada.
II. For any information or advice, you can contact us directly:
- Online, via our contact page.
III. Ultra Brush makes every effort to offer its users the best browsing experience
possible as well as complete and relevant information. In case you notice a
inappropriate or illicit content, we invite you to report it to us at the following address:
contact@ultra-brush.com
IV. We remind you that our general conditions of sale are accessible to
any time during your navigation at the bottom of each page of our Site, by clicking on the
link "General Conditions of Sale" or on the link "Legal notices"