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General Conditions of Sale

Article 1 – Application of conditions

The seller is defined below as Premium Brands and Solutions. The buyer is defined below as the company or person signing and accepting these terms and conditions of sale. These general terms and conditions of sale apply exclusively to all sales concluded by Premium Brands and Solutions. The information given in catalogs, price lists, websites, notes, etc. is given for informational purposes only and may, as such, be modified by the seller without prior notice. The mere fact of placing an order or accepting an offer from the seller implies unreserved acceptance of these general terms and conditions. These general terms and conditions may be modified at any time and without prior notice by Premium Brands and Solutions, the modifications then being applicable to all subsequent orders.
Article 2 – Orders
The sale of our products on this site is exclusively reserved for the end consumer, that is to say, any natural person not acting as a merchant and having the legal capacity to contract. Consequently, orders from professionals will not be honored by Premium Brands and Solutions. In this regard, Premium Brands and Solutions reserves the right to cancel any order of an abnormal nature such as an order for quantities of products exceeding the normal needs of a consumer or abnormal order flows to the same billing and/or delivery address.
For orders placed on a Premium Brands and Solutions website, orders are effective from the date the buyer’s account is debited for bank cards or Paypal .
Any offer of sale is subject to available stock. Any clause emanating from the buyer, not accepted in writing by the seller, which would be in opposition to these general conditions or specificities defined in the price offer will be considered null and void. No unilateral cancellation of an order will be accepted without the agreement of Premium Brands and Solutions.
Article 3 – Price
The seller’s price list does not constitute a sale. It may be modified unilaterally without prior notice. All prices are net in euros including VAT, excluding packaging, transport and freight insurance costs, ex-seller’s warehouse.
Article 4 – Delivery – Transport
Transport entrusted to Mondial Relay or DPD is organized by the seller.

Delivery to certain areas (French overseas departments and territories, countries outside the European Union) may result in additional charges. In such cases, this information is clearly indicated on the delivery information page.
Article 5 – Complaints and after-sales service
Upon receipt of the goods, the buyer must immediately and imperatively check their condition and conformity with the contract.

Any return of goods requires prior notification to the seller so that the customer can organize it, via the contact page of your Customer Area. The buyer will receive by email a number to note on the package allowing the identification of the returned package. It will be appropriate to this occasion that the buyer provides his precise contact details and provides the designation of the element(s) concerned, the fault noted and the invoice number corresponding to the parts described. The buyer has, after obtaining the return number, a period of 60 days to return this defective goods to the seller.

For defective parts, the buyer can obtain a standard exchange of their merchandise for the entire duration of the legal product warranty (articles L.217-4 to L.217-14 of the Consumer Code for the legal guarantee of conformity and articles 1641 to 1649 of the Civil Code concerning hidden defects), subject to availability in stock. In the event of a stock shortage on the product(s) concerned, 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 the Customer Service of the Premium Brands and Solutions company via the contact page of your Customer Area so that the problem can be identified and an appropriate solution can be proposed: refund, standard exchange if the product is in stock or proposal of an equivalent product.
Article 6 – Right of withdrawal for individuals
The buyer has 15 days to inform Premium Brands and Solutions via the contact page of your Customer Area of their wish to withdraw, starting from the delivery of the last product or service in their order. Once Premium Brands and Solutions has been informed of this decision to withdraw, the buyer has an additional 30 days to return the products or services concerned. Reimbursement for returned products and services will be made within a maximum of 10 days from the receipt of the returned products and services.

In the event of withdrawal by the buyer from this contract, the seller will reimburse all payments received from him. The seller will make the reimbursement using the same means of payment as that used by the buyer for the initial transaction, unless the buyer and the seller expressly agree on a different means; in any event, this reimbursement will not incur any costs for the buyer.

Return 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 which have been made according to the buyer’s specifications or clearly personalized.
Article 7 – Legal guarantee

All products and services marketed by Premium Brands and Solutions have a legal guarantee in accordance with the legislation from the receipt of the goods.

Legal Guarantees

Article L217-4 of the Consumer Code

The seller delivers goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.

It is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.

Article L217-5 of the Consumer Code

The property complies with the contract:

1° If it is suitable for the use usually expected of a similar good and, where applicable:

– if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model;

– if it has the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special 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 prescribed by 2 years from the delivery of the goods.

Article L217-16 of the Consumer Code

When the buyer requests from the seller, during the course of the commercial guarantee granted to him upon the acquisition or repair of a movable good, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run.

This period runs from the buyer’s request for intervention or from the provision for repair of the goods in question, if this provision is subsequent to the request for intervention.

Article 1641 of the Civil Code

The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.

Article 1648 paragraph 1 of the Civil Code

The action resulting from latent defects must be brought by the buyer within 2 years of the discovery of the defect.

To benefit from the legal guarantee of conformity or the guarantee of hidden defects, the buyer must contact the Customer Service of the company Premium Brands and Solutions via the contact page of your Customer Area.

As part of the implementation of these guarantees, the conditions of support for the product may vary depending on the agreements concluded between the company Premium Brands and Solutions and the Manufacturers of the product. Thus, the buyer may be required to:

– to return the defective product directly to Premium Brands and Solutions;

– to send the product directly to the manufacturer so that they can take care of the repair or exchange of the product.

Article 8 – Retention of title
The transfer of ownership of the goods occurs upon delivery for orders whose transport is organized by the seller (Mondial Relay, DPD). In this case, the goods are transported at the seller’s risk.
Article 9 – Payment
Payments must be made in such a way that the seller has access to the amounts on the due date. Unless expressly written special conditions or specific conditions granted to corporate customers after review of their file, payments must be made by bank transfer upon ordering – credit card upon ordering. For all payments made on the website, the seller reserves the right to request proof of identity and place of residence from the buyer before accepting the sale.

Any late payment will result in the payment 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 March 22, 2012 and decree no. 2012-1115 of October 2, 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, Articles L.611 to L.616 and R612 to R616 of the Consumer Code, the consumer customer, subject to Article L.152-2 of the Consumer Code, has the option of submitting a request for amicable resolution by mediation, within a period of less than one year from his written complaint to the professional.

Whatever the means of referral used, the request must imperatively contain:

– The applicant’s postal, telephone and electronic contact details,

– The name and address of the professional concerned,

– A brief statement of the facts,

– Proof of the prior steps taken with the professional.

The consumer is also informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from online purchases by European consumers and then to forward the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.

Article 11 – Final Stipulations
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 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 the parties, unless proven otherwise. French law is applicable without excluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country. If one of the clauses or provisions of these General Terms and Conditions of Sale were to be annulled or declared illegal by a final court decision, this nullity or illegality will in no way affect the other clauses and provisions, which will continue to apply.
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 inconsistent with these values. We reserve the right to destroy, if necessary, products containing discriminatory or pornographic images, hate symbols, or promoting illegal behavior. These will not be refunded.