Article 1 – Application of conditions
The seller is referred to below as Premium Brands and Solutions. The buyer is referred to below as the company or individual signing and accepting these terms and conditions of sale. These terms and conditions of sale apply exclusively to all sales concluded by Premium Brands and Solutions. The information contained in catalogs, price lists, websites, notes, etc., is provided for informational purposes only and may, as such, be modified by the seller without notice. Placing an order or accepting an offer from the seller implies unreserved acceptance of these terms and conditions. These terms and conditions may be modified at any time and without notice by Premium Brands and Solutions, and such modifications will apply to all subsequent orders.
The sale of our products on this website is exclusively reserved for end consumers, meaning any individual not acting in a commercial capacity and possessing the legal capacity to enter into a contract. Therefore, orders from professionals will not be accepted by Premium Brands and Solutions. In this regard, Premium Brands and Solutions reserves the right to cancel any order deemed abnormal, such as an order for quantities of products exceeding a consumer’s usual needs or an unusual flow of orders to the same billing and/or delivery address.
For orders placed on a Premium Brands and Solutions website, orders become effective on the date the buyer’s account is debited for payments by credit card or Paypal.
All sales offers are subject to stock availability. Any clause originating from the buyer, not accepted in writing by the seller, and contrary to these general terms and conditions or the specifications defined in the price quotation, will be considered null and void. No unilateral order cancellation will be accepted without the agreement of Premium Brands and Solutions.
The seller’s price list does not constitute an offer to sell. It may be modified unilaterally without notice. All prices are net in euros, including VAT, excluding packaging, transport and freight insurance costs, ex-works seller’s warehouse.
Article 4 – Delivery – Transport
The transport entrusted to Mondial Relay or DPD is arranged by the seller.
Delivery to certain areas (French overseas departments and territories, countries outside the European Union) may incur additional charges. In this case, this information is clearly indicated on the delivery information page.
Upon receipt of the goods, the buyer must immediately and without fail check their condition and conformity to the contract.
All returns require prior notification to the seller so that the customer can arrange the return, via the contact page in their Customer Account. The buyer will receive a return number by email to write on the package for identification purposes. The buyer must then provide their full contact details, the name(s) of the item(s) concerned, the defect observed, and the corresponding invoice number. After receiving the return number, the buyer has 60 days to return the defective merchandise to the seller.
In the event of defective parts, the buyer can obtain a standard exchange of their product for the entire duration of the legal guarantee (articles L.217-4 to L.217-14 of the French Consumer Code concerning the legal guarantee of conformity and articles 1641 to 1649 of the French Civil Code relating to hidden defects), subject to stock availability. If the product(s) in question are out of stock, Premium Brands and Solutions will offer the buyer a refund or an exchange for an equivalent product.
In the event of a defective product, it is imperative to contact Premium Brands and Solutions customer service via the contact page of your customer area so that the problem can be identified and an appropriate solution can be offered: refund, standard exchange if the product is in stock or offer of an equivalent product.
Article 6 – Right of withdrawal for individuals
The buyer has 15 days from the delivery of the last product or service in their order to inform Premium Brands and Solutions of their wish to withdraw from the contract, via the contact page in their customer account. Once Premium Brands and Solutions has been informed of this withdrawal decision, the buyer has an additional 30 days to return the products or services in question. Refunds for returned products and services will be issued within a maximum of 10 days of receipt.
If the buyer cancels the purchase, the seller will refund all sums paid. This refund will be issued using the same payment method used by the buyer for the initial transaction, unless expressly agreed otherwise by both parties. In any event, this refund will not incur any fees for the buyer.
Return shipping costs are the responsibility of the buyer.
Exceptions to the right of withdrawal In accordance with Article L 221.28 of the Consumer Code, the right of withdrawal does not apply to the delivery of products made to the buyer’s specifications or clearly personalized.
Article 7 – Legal Guarantee
All products and services marketed by Premium Brands and Solutions are covered by a legal guarantee in accordance with applicable legislation from the date of receipt of the goods.
Legal guarantees
Article L217-4 of the Consumer Code
The seller delivers goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery.
It is also responsible for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been entrusted to it by contract or has been carried out under its responsibility.
Article L217-5 of the Consumer Code
The property conforms to the contract:
1° If it is suitable for the use normally expected of a similar item and, where applicable:
– if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model;
– if it possesses the qualities that a buyer can legitimately expect, taking into account the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Either if it has the characteristics defined by mutual agreement between the parties or if it is suitable for any particular use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L217-12 of the Consumer Code
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article L217-16 of the Consumer Code
When the buyer requests the seller, within the framework of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, to carry out a repair covered by this warranty, any period of immobilization of at least seven days is added to the remaining term of the warranty.
This period begins from the date of the buyer’s request for intervention or from the date of taking charge of the repair of the goods in question, if this taking charge is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is required to guarantee the buyer against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the buyer would not have acquired it, or would have paid only a lower price, if he had known of them.
Article 1648, paragraph 1, of the Civil Code
Legal action resulting from latent defects must be brought by the buyer within two years of discovering the defect.
To benefit from the legal guarantee of conformity or the guarantee against hidden defects, the buyer must contact the customer service of Premium Brands and Solutions via the contact page of their customer area.
As part of the implementation of these warranties, the terms of support related to the product may vary depending on the agreements between Premium Brands and Solutions and the product manufacturers. Therefore, the buyer may be required to:
– return the defective product directly to Premium Brands and Solutions;
– Send the product directly to the manufacturer so that they can take care of repairing or replacing the product.
Article 8 – Retention of Title
Ownership of the goods transfers upon delivery for orders where transport is arranged by the seller (Mondial Relay, DPD). In this case, the goods are transported at the seller’s risk.
Payments must be made in such a way that the seller has access to the funds due by the due date. Unless otherwise expressly stipulated or specific terms granted to business customers after review of their file, payments must be made by bank transfer or credit card at the time of ordering. For any payment made on the website, the seller reserves the right to request proof of identity and address from the buyer before accepting the sale.
Any delay in payment will result in the application of a late payment penalty equal to 8 times the legal interest rate and a fixed compensation for recovery costs equal to 40 euros (law no. 2012-387 of 22 March 2012 and decree no. 2012-1115 of 2 October 2012).
Article 10 – Consumer Mediator
In accordance with Ordinance No. 2015-1033 of August 20, 2015, its implementing decree No. 2015-1382 of October 30, 2015, and Articles L.611 to L.616 and R612 to R616 of the Consumer Code, the consumer, subject to Article L.152-2 of the Consumer Code, has the possibility of submitting a request for amicable resolution by way of mediation, within a period of less than one year from his written complaint to the professional.
Regardless of the method of submission used, the request must include:
– The applicant’s postal, telephone and email contact details,
– The name and address of the professional concerned,
– A brief summary of the facts,
– Proof of prior steps taken with the professional.
Consumers are also informed of the existence of the platform set up by the European Commission, whose objective is to collect all complaints relating to online purchases made by European consumers and then forward the files received to the competent national mediators: http://ec.europa.eu/consumers/odr/.
Article 11 – Final Provisions
Premium Brands and Solutions will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy, in accordance with the provisions of Article 1348 of the French Civil Code. The computerized records of Premium Brands and Solutions will be considered by the parties as proof of communications, orders, payments, and transactions between them, unless proven otherwise. French law applies, without excluding the application of mandatory legal rights granted to consumers or of a more protective mandatory law by a foreign court seized by a consumer from the country concerned. If any clause or provision of these General Terms and Conditions of Sale is invalidated or declared illegal by a final court decision, such invalidity or illegality will not affect the other clauses and provisions, which will remain in full force and effect.
Article 12 – Personalized Products and Inappropriate Content
Premium Brands and Solutions emphasizes its commitment to human integrity. Therefore, we refuse to design products containing inappropriate or offensive content that would be incompatible with these values. We reserve the right to destroy, if necessary, products containing discriminatory or pornographic images, hate symbols, or those glorifying illegal behavior. These products will not be eligible for a refund.
