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GENERAL CONDITIONS OF SALE

Introduction

We are pleased to welcome you to our website, 0-105.com (hereinafter referred to as the “Website”).

These General Conditions of Sale exclusively govern sales of products offered on the Website. They are accessible on the Website at any time, and the Customer must declare they have read and acknowledged them at the point of placing an order.

Consequently, implicit in placing an order is the Customer’s complete and unreserved subscription to these General Conditions of Sale.

Unless express prior agreement is obtained, any stipulation to the contrary set by the Customer will be non-binding on 0-105, regardless of when it may have been brought to their knowledge. In the case where 0-105 does not, at any moment, uphold one of these General Conditions of Sale, this may not be interpreted as a waiver of any of said conditions.

0-105 endeavours to ensure, to the extent possible, that the information featured on the Website is correct and up to date, and reserves the right to correct the content, at any point and without prior notice.

If a condition were to be lacking, it would default to the laws and practices in force in France related to distance selling. The possible nullity of one of the clauses of the General Conditions of Sale does not mean the General Conditions of Sale are nullified in their entirety, with only the clause deemed void losing its effect.

Website publisher: Bruval SAS – RCS SIREN 753 104 090

with registered office at 3 Rue Roux de Brignoles, 13006 Marseille.

Bruval SAS operates the 0-105 brand and is identified in these General Conditions of Sale as 0-105.

Director of publication: Mr Jatteaux Henri, email: contact@0-105.com

Webmaster: Watsagency – contact@watsagency.fr

Website Host: 1and1

7 place de la gare – 57200 Sarreguemines – 09 700 808 901

Customer Services

For any information, questions or advice, our Customer Services department is at your disposal:

  • By post: 0-105 Service Client

BRUVAL SAS

3 Rue Roux de Brignoles

13006 Marseille.

Article 1. Purpose

These conditions govern the sale of 0-105 items presented on the Website by Bruval SAS, a simplified joint-stock company registered in the commercial register under the number SIREN 753 104 090, with registered office located at 3 Rue de Brignoles, 13006 Marseille (hereinafter referred to as “0-105”), exclusively to any non-commercial natural persons of legal age (hereinafter referred to as the “Customer”).

Article 2. Products

2.1 Product characteristics

Products offered for sale online are presented on the Website. They are described and reproduced by 0-105 on the website as accurately as possible. The information communicated on the product list features the essential product characteristics (colours, description, composition, upkeep, dimensions) and their price, including tax.

However, 0-105 would like to make the Customer aware that the photos cannot guarantee a perfect likeness to the product offered for sale, particularly with regard to colours, but also to how it is rendered to the Customer. The colours that you see on your screen could be influenced by the settings of the operating system your computer is running. Consequently, we cannot guarantee that your computer will display the colours accurately.

The differences can result from the colour quality of the photos, difficulties in the screen displaying the subject, or – this list being non-exhaustive – technical adaptations. These differences may not be interpreted as constituting a lack of conformity and be used as a reason to cancel the sale.

In the event of a clear error or immaterial omission between the characteristics of the product and/or its description, 0-105 may not be held liable.

The product offers and prices featured on the Website (unless the provisions of Article 3 of these General Conditions of Sale are applied) are valid as long as they are featured on the website, subject to availability of stock.

2.2 Product availability

The products are offered for sale as long as they are in stock, subject to a possible variation in stock. Only the products featured on the Website on the day of the Customer’s visit are offered for sale.

When an order is placed, availability of the Product selected is confirmed by the Website.

Article 3. Price

The prices are indicated in Euros (€) including tax and excluding delivery costs. This includes VAT and excludes the costs of order preparation and delivery, which varies from country to country. The prices indicated take into account the applicable VAT rate on the day the order is made. If the VAT rate were to be modified, this would automatically be passed on to the price of the items. The Customer is made aware of the fixed amount for order preparation and delivery costs on the order summary page, before the order is confirmed.

If the products must be delivered to a country outside the European Union, the total price indicated in the order is net of any customs charges and any other sales tax, which, if due, the consumer consequently undertakes to pay, in addition to the price indicated in the order, pursuant to the provisions of the law of the country in which the products are being delivered.

Implicit in any order is acceptance of the prices and descriptions of the products available for sale.

0-105 reserves the right, at any point, to modify the prices and descriptions of the products, especially in the event of increases to taxes applicable to sales – and the VAT rate in particular – and/or in the event of a clear typographical or data entry error.

However, products are billed on the basis of the prices in force when the order is placed, unless there is a clear error.

Indeed, despite the care taken by 0-105, it is possible that there could be pricing errors on the Website, for various reasons (computer bug, manual error, technical error, etc.). If orders have been made at erroneous or clearly derisory prices (on the cheap), or if unjustified reductions are applied in error, the orders will be cancelled, even if they had been confirmed. 0-105 will then inform the Customers in question as soon as possible, so that they can, if they wish to do so, re-place their order at the corrected and accurate price.

Article 4. Order

4.1 Customer number

All customers must fill in the fields to create their Customer profile and obtain their log-in details, which are strictly personal.

If these log-in details are lost or forgotten, this must be reported to 0-105 as soon as possible through Customer Services online.

To place an order, the Customer must fill in the registration form and, specifically, fill in the information needed to identify them:

  • Valid email address and password of their choosing (confidential and personal) for identifying the Customer on the Website,
  • Mandatory personal data marked with an asterix, necessary for processing invoices and delivering orders.

It is important that the Customer fills in the form as accurately as possible so as to avoid any errors or incidents in dispatching the item(s) ordered. The data recorded on this Website is for 0-105’s exclusive use.

4.2 Order confirmation

Any customer wanting to place an order selects the product(s) of their choice by clicking on “Add to basket” or an equivalent option. At the end of this step, and after having clicked on “Complete my order”, or an equivalent option, an order summary page corresponding to a purchase order appears on the screen, allowing the Customer to make any modifications and then confirm by clicking on “Proceed to payment”, or an equivalent option.

To proceed to the order confirmation, the Customer must read the General Conditions of Sale and expressly accept them by clicking the relevant box.

4.3 Order confirmation

The Customer making the purchase guarantees 0-105 that it has the necessary authorisation for the mode of payment used while placing their order. In confirming their basket and the order summary page, and in accepting the General Conditions of Sale, the Customer gives their consent to proceed to the order confirmation stage, with payment. The price due from the Customer is the amount indicated on the order summary page that the Customer saw prior to confirming their order. This confirmation constitutes express acceptance of all the transactions made on the Website.

Payments for any order placed on the Website are made exclusively online with one of the following bank cards: CB, Visa, Mastercard, American Express as well as any associated cards in the other relevant countries.

The order can only be completed once the card number, expiry date and CCV number (3 digits on the back of the bank card) have been entered for payment. This payment is subject to final approval by the card provider.

In any case, providing a card number online, and the final approval of the order, constitutes proof of the order in its entirety, pursuant to the provisions of the Law of 13 March 2000, and means that the sums due for the items on the order summary page can be charged. This confirmation is equivalent to a signature and express acceptance of all the transactions made on the website. However, in the event the bank card has been used fraudulently, the Customer is asked to immediately contact the 0-105 Customer Services, as soon as they realise.

4.4 Payment security

0-105 uses the ATOS secure payment service, which integrates the SSL security standard. Confidential data (card number, expiry date) is sent directly to the ATOS server encoded and is not at any point sent to our server.

The ATOS server is itself directly connected to the bank servers and each relevant country.

4.5 Order confirmation

Final confirmation of the order follows confirmation of the payment.

A confirmation email for the Order and the payment will be sent to the Customer, confirming to them completion of the order with a summary of all the information already communicated, the General Conditions of Sale and a link to the contract cancellation form.

4.6. Order tracking

Details and dispatch tracking for each order is available at any point on the Website, under “My account”, once the Customer has logged in with their email and password.

Article 5. Delivery

Delivery of the items can only occur after payment for the order has been completed, and is made to the delivery address provided by the customer. Packages are dispatched to the delivery address provided by the customer when making their order. 

Apart from during promotions or sales periods, all approved orders are dispatched the next working day. However, all orders placed on Friday, Saturday and Sunday will be processed on the following Monday or Tuesday, dependent on the delivery company. In the event of an unusual delay, you will receive en email. During a sales or promotions period, orders are dispatched between 2 and 10 days.

5.1 Dispatches for deliveries to metropolitan France are handled:

by La Poste, using its signed-for delivery service Colissimo.

Delivery costs will be calculated according to the weight of the goods, i.e. the weight/volume ratio, and the place of delivery, pursuant to agreements signed with the delivery company responsible, and will be indicated clearly to the customer.

The Colissimo service is provided by La Poste within 2 to 5 working days for metropolitan France. Items are delivered against a signature to the delivery address indicated on your order confirmation. It is therefore important to be precise when filling in the relevant fields. If you are out, La Poste will leave you a calling card, indicating the conditions for obtaining your parcel (location and time limits). The time limits are generally between 10 and 15 days.

If the delivery company is unsuccessful delivering your parcel (no contact despite calling card, wrong address), your parcel will be returned to us. We will contact you by email to inform you of the reason for this non-delivery. Dependent on the case, we will confirm the delivery address with you and also agree on a new delivery date. Any failed delivery (wrong address, door code or staircase number missing, wrong name on interphone, etc.) will cause an additional delay in processing and re-dispatching the order.

We ask that you do not accept a damaged parcel (box with visible signs of being opened and/or wear): it is imperative that you refuse such an item. Parcels leave the 0-105 warehouses in perfect condition and must be delivered to you like this. If a damaged parcel has been left in your letterbox, or your concierge has accepted it on your behalf, the parcel is considered “accepted as is.” If no complaint is made, we will not be able to take any lost items into account, nor respond positively to a request for compensation.

0-105 accepts no liability in the event of a long delivery delay due to the postal services or modes of transport, and in the event the products ordered are lost or there is a strike. Risks related to transporting the goods are borne by the customer, who must make a reasoned claim to the postal services or the delivery company, within 3 (three) working days of delivery.

Despite all the care taken by 0-105 in preparing parcels, after their transport, one of the products could be defective. This is why, upon receiving their order, the customer must make sure they check the products received are up to standard. Problems related to delivery (defective product, damaged parcel) must be reported to the 0-105’s Customer Services, accompanied with photos of the defective products, on the day of delivery or, at the latest, the first working day following delivery, by registered letter (addressed to 0-105 – BRUVAL SAS 3 Rue Roux de Brignoles 13006 Marseille France). Any claim made after this will be rejected and 0-105 will be released of all liability. 0-105 reserves the right to request the customer returns the defective products to them. If the aforementioned conditions are satisfied, 0-105 will then provide a credit note as reimbursement for the defective product(s).

5.2 Holidays during which our Customer Services and Dispatch department are closed:

- 1 January – New Year’s Day

- Easter Monday

- 1 May – International Worker’s Day

- 8 May – V.E. Day

- Ascension Thursday

- Pentecost Monday

- 14 July – National Holiday

- 15 August – the Assumption

1 November – All Saints’ Day

- 11 November – Armistice Day

- 25 December – Christmas Day

5.3 Customs charges or other local taxes

For parcels dispatched outside of the European Union (EU) and to overseas departments, customs charges and other local taxes or import duties or state taxes are likely to be payable.

Payment of these charges and sums is the sole responsibility of the Customer, whatever the cost is.

5.4 Delivery costs 

France and Corsica

Delivery cost of the Colissimo signed-for service: EUR 5.90

Delivery cost to a pick-up point: EUR 4

Free delivery if total cost of purchases including taxes exceeds EUR 300.

Free returns.

Zone 1

Austria, Belgium, Czech Republic, Denmark, Estonia, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.

Delivery cost of the Colissimo signed-for service: EUR 14

Delivery cost to a pick-up point: EUR 12

No pick-up points in Italy, Ireland and Switzerland.

Free returns.

Zone 2

Balearic Islands, Canary Islands, Ceuta-Melilla, Croatia, Finland, Greece, Iceland, Maghreb, Malta, Norway, Non-mainland Portugal (The Berlengas Islands, the Azores, Madeira) Romania, Turkey, other Eastern countries.

Delivery cost of the Colissimo signed-for service:

1 pair: EUR 21

2 pairs: EUR 45

3 pairs: EUR 60

Delivery to a pick-up point not possible.

Return costs equivalent to the delivery costs, the responsibility of the customer.

Zone 3

Australia, Canada, China, South Korea, Hong-Kong, Japan, India, Israel, Russia, Singapore, Thailand, Taiwan, United States of America, Vietnam.

Delivery cost of the Colissimo signed-for service:

1 pair: EUR 50

2 pairs: EUR 90

3 pairs: EUR 130

Delivery to a pick-up point not possible.

Return costs equivalent to the delivery costs, the responsibility of the customer.

Zone 4

America (excluding the USA and Canada), Africa (excluding Maghreb), Other Countries in Asia, the Middle East and Oceania (excluding Australia).

Delivery cost of the Colissimo signed-for service:

1 pair: EUR 60

2 pairs: EUR 125

3 pairs: EUR 170

Delivery to a pick-up point not possible.

Return costs equivalent to the delivery costs, the responsibility of the customer.

ZONE OM1

Guadeloupe, French Guiana, Martinique, Mayotte, La Réunion, St Pierre and Miquelon

Delivery cost of the Colissimo signed-for service:

1 pair: EUR 30

2 pairs: EUR 65

3 pairs: EUR 90

Delivery to a pick-up point not possible.

Return costs equivalent to the delivery costs, the responsibility of the customer.

ZONE OM2

Wallis and Futuna, New Caledonia, French Polynesia, French Southern and Antarctic Lands.

1 pair: EUR 60

2 pairs: EUR 135

3 pairs: EUR 205

Delivery to a pick-up point not possible.

Return costs equivalent to the delivery costs, the responsibility of the customer.

6. Cancellation right

6.1 Exercising the cancellation right

Pursuant to the law of 17 March 2014 related to consumers, the customer has a cancellation right that they may exercise, without having to provide any reason, within a period of 14 (fourteen) days of confirming the order.

To exercise this cancellation right, please write a letter and send it by post to the following address: 0-105 – BRUVAL SAS 3 Rue Roux de Brignoles 13006 Marseille France.

Or by email, by sending it directly to our Customer Services department:

contact@0-105.com

6.2 Return of purchases

Pursuant to the directive of the European Parliament and European Council concerning consumer rights, the customer has a cancellation right that they may exercise, without having to provide any reason, within a period of 14 (fourteen) days of receiving the items.

To return an item, you must first make a request on the website.

  • In the “My Orders” section on your account, go to the order relevant to your return request, then choose the item you wish to return, specify the reason for return and then confirm. All products must be returned in their original packaging and condition.
  • once your return request is done, an automatic confirmation email will be sent to you with your return label.
  • You have fourteen additional days after the date of issue of your return label to return your package. After these periods, no refund will be possible.
  • Print the label. * Upon approval of your request, the return summary is available in the My Orders section and must be included in the parcel.
  • A confirmation email will be sent to you once the parcel has been received and we will then process your request for reimbursement.
  • All information regarding the return and tracking of packages, are indicated on the return label.

The customer will not receive any penalty for exercising the cancellation right. However, incomplete, worn, damaged, dirtied or modified products will not be accepted or exchanged.

If the aforementioned conditions are satisfied, SAS Bruval undertakes to reimburse the customer for the total amount of their order, excluding return costs.

For returns from outside the European Union: The customs declaration attached to the returns parcel must mention that it is a customer return. We advise you to use the delivery company who made the initial delivery and to ensure that there will be no charge upon receipt of the parcel. Any charge to be paid on receipt will be deducted from the customer’s reimbursement.

6.3 Reimbursement

Reimbursement of the amount invoiced for the items returned will be made excluding delivery costs, using the payment method used when making the order, within 14 (fourteen) days of receiving the request from the customer, or, if this date is later, on the date of receipt of the items returned by the Company, or the date of proof of delivery of these goods.

Return costs are free for France, Corsica and all countries in Zone 1. Return costs are borne by the customer for countries in Zones 2, 3, 4, OM1 and OM2. The list of countries in the various zones is located in point 5.4: Delivery costs.

Any item that is not fit to be sold as received cannot be reimbursed. 

If you have a complaint, you can contact us by post:

0-105 – BRUVAL SAS 3 Rue Roux de Brignoles 13006 Marseille France.

By email: contact@0-105.com

The bank account of the Customer will be directly re-credited for the amount of the items returned, through our secure payment partner ATOS.

Article 7. Complaints – Disputes

For any questions concerning an order, 0-105’s Customer Services is available to their Customers via the “Contact us” page. For requests or issues of any kind, the Customer must provide their order number as well as the exact purpose of their request.

Following resolution of a dispute, if reimbursement is necessary, this is done directly into the bank account through our secure payment partner ATOS.

If the products do not arrive, the customer must inform 0-105 of this within a maximum of 30 days of the order date. Enquiries made to La Poste in order to find out about the delivery of any parcel can take up to 30 days. Beyond 2 months, after opening a “complaint” file, requests for reimbursement may no longer be accepted as the 0-105 banking agent can only re-credit transactions in under 60 days maximum.

In the event of a dispute, the Customer will endeavour to settle the dispute amicably, directly with 0-105’s Customer Services.

Article 8. Personal data

0-105 informs their Customers that by placing an order on the Website, the data recorded in this regard will be used by 0-105:

  • to process the order,
  • to inform them about news and upcoming events through newsletters,
  • to propose offers and competitions.

Article 9. Liability

Despite the care taken on our website, the photos and text reproduced illustrating the products offered can sometimes contain errors. If an item is delivered that does not conform with what is shown on the 0-105 website, the Customer may get an exchange and/or reimbursement.

0-105 may not be held liable for non-performance of the agreement in the event of:

  • stock shortage or product unavailability,
  • disturbances, total or partial strikes, especially by the postal services or transport or communication workers.
  • floods, fires, any case of force majeure and any other act that is unforeseeable or outside the control of Bruval SAS.

Some hyperlinks can direct to websites other than this Website. 0-105 accepts no liability for the content and or functioning of the websites linked to this Website, as well as harm of any kind that could be suffered by the Customer upon visiting these websites. 0-105 accepts no liability if the content of these websites contravenes the legal and regulatory provisions in force.

Moreover, 0-105 does not accept any liability:

  • for the impossibility of reaching Customer Services and/or accessing the Website.
  • for non-substantial errors related to the products,
  • for any interruption on the Website, bugs, harm resulting from the fraudulent intrusion of a third party which meant the information made available on the Website was changed,

Implicit in the use of this Website is the knowledge and acceptance on the part of the Customer and/or visitor of the characteristics and limits of the internet and related technologies, the lack of protection of certain data against possible leaks or hacking, and the risks of contamination by viruses that might be present on the network. 0-105 accepts no liability in the event of misuse or an incident related to use of computers, internet access, server maintenance or failure, telephone lines or any other technical connection, as well as the sending of forms to an erroneous or incomplete address or any errors observed on the Website.

Article 10. Intellectual Property

The Website is strictly reserved for personal use.

In accordance with the laws governing intellectual property, this Website and all its components, such as sounds, images, graphics, photos, videos, written text, animations, programs, graphs, databases, software and other underlying technology but also trademarks, designs, models, logos, etc. on this Website, as well as their compilation, are the exclusive property of 0-105 and, potentially, their suppliers and partners, and the aforementioned do not grant any licence, nor any right other than that of visiting the Website.

Any partial or total reproduction, modification or use of any element of the website, in particular the trademarks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express and prior agreement of 0-105, is strictly prohibited. The same applies for all author rights, designs and models and patents owned by 0-105.

Consequently, 0-105 may take legal action, particularly for counterfeiting, against those who, directly or indirectly, infringe their rights.

Article 11. Duration

These conditions apply as long as the products and services offered for sale by 0-105 are available online.

Article 12. Proof

The computerised records stored on the systems of 0-105 and its partners under reasonable security conditions will be considered as proof of communication, orders and payments occurring between 0-105 and the Customer.

Article 13. Applicable law – Disputes

This agreement is subject to French law. The original language of this agreement is French. In the event of dispute, if an amicable agreement cannot be reached, SAS Bruval may make an application before the competent court in Marseille.

Article 14. Amendments to the General Conditions of Sale

Taking into account possible changes to the Website, 0-105 reserves the right to adapt or amend these General Conditions of Sale at any moment. Where applicable, the Customer will be made aware of the new General Conditions of Sale through an online update, and these will be applicable only to sales made after the amendments.