DEFINITION

“Customer” means the Professional or Consumer who has placed an Order for a Product sold on the Site or via a Product distribution point;
“GTC” means these general conditions of sale and use of the Site;
“Order” means the order of Products by a Customer on the Site;
“Consumer” means the Client, a natural person who is not acting for professional needs and/or outside of his professional activity;
“Products” means the Products which are offered for sale on the Site;
“Professional” means the Client, a legal entity or natural person who acts within the framework of his professional activity;
“Site” means this website, i.e. https://www.herbert-freresoeur.com
“User” means any legal or natural person who uses the Site;

“HERBERT FRERE SOEUR” means the company HERBERT FRERE SOEUR, a SASU, with a capital of €387,680, whose registered office is located at 16, rue Louis Lumière – 35300 Fougères- France, registered in the Rennes trade and companies register under number 521 466 813 and identified in the SIRET directory under number 521 466 813 000 24, whose intra-community VAT number is FR 68521466813. The telephone contact details are as follows: +33 (0)2 99 94 72 21.

PREAMBLE

The General Terms and Conditions are intended for Customers and Users, who must read them carefully.

1. Purpose

The purpose of the General Terms and Conditions is to define the conditions under which HERBERT FRERE SŒUR provides Products to the Customer and under which Users may consult the Site. The General Terms and Conditions constitute the sole basis of the commercial relations between the parties and are accessible on the Site or can be sent by email at the Customer's request.
The Products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in the information materials, HERBERT FRERE SŒUR cannot be held liable. The photos representing the Products are for informational purposes only. These photos, like the texts illustrating the Products, do not form part of the contractual scope.

2. Scope and acceptance of the T&Cs

The purchase of Products offered on the Site is subject to the General Terms and Conditions. The General Terms and Conditions shall prevail over any other conditions contained in any other document, unless otherwise expressly waived in advance in writing. The fact that a Customer places an Order for a Product implies their full and unreserved acceptance of the General Terms and Conditions and express waiver of any other general terms and conditions of purchase.
The Customer acknowledges having been informed of the information and details provided for in Articles L.111-1 to L.111-7 of the Consumer Code, and in particular (i) the essential characteristics of the Product, (ii) the price of the Products, (iii) information relating to the identity of HERBERT FRERE SOEUR (postal, telephone and electronic contact details), (iv) information relating to legal and contractual guarantees and their terms of implementation and (v) information relating to the right of withdrawal (time limit, terms of exercise).
Failure to enforce any of the provisions of the T&Cs at any given time cannot be interpreted as a waiver on the part of HERBERT FRERE SŒUR to enforce any of the provisions of the T&Cs at a later date. The invalidity of a contractual clause does not entail the invalidity of the T&Cs, the other clauses remaining fully in force.

3. Modifications to the General Conditions of Sale

HERBERT FRERE SŒUR reserves the right to modify the General Terms and Conditions at any time. The applicable General Terms and Conditions are those in effect on the date of the Order placed by the Customer.

4. Order

4.1 Definition

An Order is placed only on the Site. Any Order validated by the Customer constitutes a firm and final sale and can only be challenged in the cases exhaustively listed in Article 11 “Right of withdrawal” of the General Terms and Conditions.

4.2 Terms of the Order

If the Customer wishes to place an Order, he/she must first identify himself/herself. To this end, he/she will complete, according to the instructions provided online, a form made available to him/her where he/she will include the information necessary for his/her identification and in particular his/her surname, first name, postal address, email address, billing address and delivery address. All information is presented to the Customer in French. The Customer, having chosen the Products presented, will definitively validate his/her Order by clicking on the "Order" button to demonstrate his/her commitment and acceptance of the General Terms and Conditions. From this moment, the Order is registered, and a confirmation on screen and/or by email is communicated to the Customer.
The Site does not allow Orders to be placed for the creation of a Product that does not exist or no longer exists on the Site, or for the adaptation of a Product present on the Site, unless the Site allows customization or part of the creation for the Customer.

4.3 Validity of the order

HERBERT FRERE SŒUR reserves the right to refuse any Order for legitimate reasons and more particularly in the following cases (i) the Customer has concealed his status as a Professional and (ii) the quantities ordered are abnormally high compared to the quantities usually ordered by Customers as Consumers.

4.4 Modification of the Order

• Modification of the Order by the Customer:
Any Order validated by the Customer being final, any request to modify the Order by the Customer must necessarily be accepted by HERBERT FRERE SŒUR. In the event of modification of a Product or the volume of an Order accepted by HERBERT FRERE SŒUR, HERBERT FRERE SŒUR will not be required to respect the initial delivery time.

• Modification of the Order by HERBERT FRERE SŒUR:
HERBERT FRERE SŒUR undertakes to deliver a Product that complies with the Product covered by the Order. However, it may make modifications to the Product covered by the Order that are related to technical developments, provided that this does not result in an increase in price or an alteration in quality and that the characteristics to which the Customer has made its commitment subject have been included in the Order.

4.5 Resolution of the Order

The Order may be terminated by HERBERT FRERE SŒUR by registered letter with acknowledgement of receipt, thirty (30) days after sending a formal notice to perform which has remained unsuccessful in the event of (i) the Customer refusing to take delivery without legitimate reasons or (ii) non-payment of the price (or the balance of the price) at the time of delivery. In all these cases, the deposit paid with the Order remains acquired by HERBERT FRERE SŒUR as compensation.

5. Products

5.1 Characteristics of the Products

The Customer may, prior to placing an Order, become aware of the essential characteristics of the Products they wish to Order by consulting the pre-contractual information communicated to them by HERBERT FRERE SŒUR before any Order, possibly by means of a catalog on the Products or the Site. The Customer may contact HERBERT FRERE SŒUR before any Order to verify certain characteristics.
The photographs and graphics appearing on the Site are given for information purposes only and do not constitute a contractual commitment by the company guaranteeing perfect similarity between the Product ordered and the Product represented.

5.2 Availability of Products

Product offers and prices are valid as long as they are visible on the Site, within the limits of available stocks. Errors or modifications may exceptionally exist, in particular in the case of simultaneous Orders of the same Product by several Customers. In the event of unavailability of a Product, HERBERT FRERE SŒUR will notify the Customer by e-mail or telephone within a maximum period of seven (7) working days and will offer the Customer either the complete cancellation of the Order resulting in a full refund within one (1) month, or a modification of the Order resulting in an adjustment of the total price within one (1) month.

Apart from the reimbursement of the price of the unavailable Product, HERBERT FRERE SŒUR is not liable for any cancellation compensation. HERBERT FRERE SŒUR shall not be liable in the event of out-of-stock or unavailability of Products prior to any Order.
HERBERT FRERE SŒUR reserves the right to change the Products offered on the Site at any time and without notice. HERBERT FRERE SŒUR has the right to limit the quantity of Products that can be purchased by a Customer.

6. Prices - accepted payment methods

6.1 Price

The price of the Products is expressed in Euros, including all taxes (TTC). The price indicated on the Product sheets does not include shipping costs if the order amount is less than €145. The price indicated in the Order confirmation is the final price for shipping within the European Union. This price includes the price of the Products, handling, packaging and shipping costs. PLEASE NOTE: Customs fees for shipping outside the European Union are the responsibility of the customer according to the terms of each country.
HERBERT FRERE SŒUR reserves the right to modify its prices at any time without notice.

All Orders are payable in Euros, and must be paid immediately upon placing the Order.

Except in cases of reimbursement made within the framework of the exercise of the right of withdrawal or for lack of conformity and hidden defects, there will be no reimbursement of VAT applied to purchases made on the Site.

6.2 Billing

A detailed invoice will be sent to the Customer in their package and/or by email.

6.3 Method of payment

Payment for an Order can only be made by Bank Card (Carte Bleue, Visa, Eurocard, Mastercard). The practical payment methods will be indicated at the time of payment according to the chosen method. Validation of the Order by Bank Card constitutes a mandate to pay the price of the Order including all taxes (TTC).

7. Retention of Title Clause

The Products ordered remain the property of HERBERT FRERE SŒUR until full payment of the price. The Customer assumes the risks (loss, theft or damage) concerning the Products delivered from the moment they are delivered to the address indicated in the Order.

8. Delivery terms

Delivery will be made to the address specified by the Customer when placing the Order. Delivery will be made by La Poste. The Customer undertakes to indicate in their Order an address to which delivery can be made during business hours.

If the customer is not present at the time of delivery, an agent will leave a delivery notice inviting the customer to contact their post office to arrange a new delivery.

Delivery will only take place once the Order has been validated by the Customer and payment has been made in full. Any bank payment centers involved will have given their prior approval for payment. In the event of refusal by said centers, the Order will be automatically canceled. Furthermore, HERBERT FRERE SŒUR reserves the right to refuse any Order from a Customer with whom there is an ongoing dispute.

Delivery costs are 7 (seven) euros including all taxes (TTC) for mainland France including Corsica for delivery to a relay point and 9 (nine) euros including all taxes (TTC) for home delivery. Any other delivery destination will be subject to a specific quote sent by email for prior validation. Delivery is free from 145 (one hundred and forty-five) euros of purchase including all taxes (TTC).

9. Delivery times

9.1. Time limit

The delivery time is three (3) to five (5) working days from the date of the Order.

9.2. Delivery problems

If the delivery deadline is exceeded by three (3) to five (5) working days, excluding cases of force majeure, the Customer may request termination of the contract by registered letter with acknowledgement of receipt, after having instructed the HERBERT Frère soeur Customer Service at the address 16, rue Louis Lumière 35300 Fougères France, under the same terms, to make the delivery within a reasonable additional period, and if the Customer Service has not complied.

In this case, the Customer will be reimbursed within thirty (30) days if a payment has already been made.

In the event that delivery is not possible due to an error in the address provided by the Customer, HERBERT FRERE SŒUR will contact the Customer as quickly as possible to obtain a new delivery address and any additional delivery costs will be borne by the Customer.

In the event of force majeure or exceptional events (natural disaster, epidemic, strikes, lockouts, etc.) delaying or prohibiting the delivery of goods, during periods of high demand, such as the end-of-year holiday period, or for events attributable exclusively to the carrier responsible for delivery, HERBERT FRERE SŒUR will be released from any liability concerning non-compliance with delivery times announced by La Poste itself. Also, no compensation or reimbursement may be requested from HERBERT FRERE SŒUR in the event of a delay due solely to the failure of La Poste.

10. Complaints

By signing the delivery slip, the Customer accepts the Products delivered as is and therefore, no claims relating to damage incurred during transport will be accepted. It is the Customer's responsibility to carry out all checks and make all reservations upon arrival of the package and to exercise, if necessary, any recourse against La Poste. Upon receipt of the Order, the Customer must check the good condition of the package. In the event of damage or missing Product, the Customer will specify their reservations and the type of damage noted on the delivery slip and will confirm them within 24 hours by email to HERBERT Frère Sœur Customer Service, and by mail to La Poste.

11. Right of withdrawal

From the receipt of the Products subject to the Order, the Consumer has the right to withdraw, without giving reasons, or incurring other costs except for the return costs which remain his responsibility, within a period of fourteen (14) days. The Professional does not benefit from this right of withdrawal.
To exercise his right of withdrawal, the Consumer informs HERBERT FRERE SŒUR of his decision to withdraw either by sending the return form in Appendix 1 of the General Terms and Conditions (at the bottom of the page), or by sending any unambiguous declaration expressing his wish to withdraw, before the expiry of the period of fourteen (14) days to the following address:

HERBERT Brother Sister Customer Service
16, rue Louis Lumière
35300 Fougères – France
info@herbert-freresoeur.com

If the Consumer uses this option, HERBERT FRERE SŒUR will immediately send an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
In order for the fourteen (14) day withdrawal period to be respected, it is sufficient for the Consumer to communicate his/her wish to exercise the right of withdrawal before the expiry of this period. In all cases, the burden of proof of this exercise rests with the Consumer.
In his request for withdrawal, the Consumer must mention the order number and possibly the reason for the withdrawal. The Product must be returned in its original packaging.
The right of withdrawal will not be possible if the Product subject to the Order is dirty, damaged or deteriorated or if the Product was purchased at a point of sale other than the Site.

12. Legal guarantee of conformity and legal guarantee of hidden defects

The Products sold by HERBERT FRERE SOEUR are subject to the legal guarantee conditions provided for by articles L.217-4 to L.217-14 of the Consumer Code as well as by articles 1641 to 1648 of the Civil Code, to the exclusion of all other guarantees.

12.1 Legal guarantee of conformity

The warranty for lack of conformity of the Product will only apply if the Customer makes the request within two (2) years from delivery of the Product. The Customer may choose between repair or replacement of the Product, subject to the cost conditions provided for in Article L211-19 of the Consumer Code.

12.2 Legal guarantee of hidden defects

The warranty for hidden defects will only apply if the Customer makes a request within two (2) years of discovering the defect. In the event of a hidden defect, the Customer has the choice between returning the Product and being reimbursed for the price and costs incurred by the sale or keeping the Product and being reimbursed for part of the price.

13. After-sales service and availability of spare parts

Any technically repairable Product benefits from after-sales service. For any repair, the Customer must contact HERBERT FRERE SOEUR Customer Service. In accordance with Article L 111-3 of the Consumer Code, HERBERT FRERE SOEUR confirms that no period of availability of spare parts essential to the use of the Products is guaranteed. HERBERT FRERE SOEUR will nevertheless make its best efforts to satisfy its Customers in the event of a request for one or more spare parts.

14. Liability

Under no circumstances may HERBERT FRERE SOEUR be held liable for any damage that does not result from a failure by HERBERT FRERE SOEUR to fulfill one of its obligations.

15. Intellectual Property

The entire Site (including logos, texts, illustrations, photographs and Products) is protected by French intellectual property laws. Any reproduction, in whole or in part, is systematically subject to the authorization of the owners. However, hypertext links to the Site are authorized without prior specific request.

16. Personal data

HERBERT FRERE SOEUR reserves the right to collect personal data concerning the Customer. This data is necessary for the management of the Order, as well as for the improvement of the services and information sent by HERBERT FRERE SOEUR. It may also be transmitted to companies that contribute to these relationships, such as those responsible for the execution of services and Orders for their management, execution, processing, transport and payment. This data is also retained for security purposes, in order to comply with legal and regulatory obligations. The Customer can consult all the information concerning him/her in the "My Account" section.
In accordance with the applicable rules, the Client has the right to access, rectify, erase, transfer, limit and oppose for legitimate reasons the personal data concerning him, by writing, by post and providing proof of identity, to the following address:

HERBERT Brother Sister Customer Service
16, rue Louis Lumière
35300 Fougères – France
info@herbert-freresoeur.com

The Customer may at any time object to receiving commercial offers by writing to the address indicated above, or by clicking on the link provided for this purpose in the emails received.
To enable its Users to benefit from optimal navigation on the Site and better functioning of the various interfaces and applications, HERBERT FRERE SOEUR may install a cookie on the User's computer. This cookie makes it possible to store information relating to navigation on the Site, as well as any data entered by Users (in particular searches, login, email, password).
The User expressly authorizes HERBERT FRERE SOEUR to place a file called a "cookie" on the user's hard drive, particularly for statistical purposes. However, the User has the option to block, modify the retention period, or delete this cookie via their browser interface. If the systematic deactivation of cookies on the User's browser prevents them from using certain services or features of the Site, this malfunction cannot under any circumstances constitute damage for the member who will not be able to claim any compensation for this reason. Data relating to Users' cookies are kept for a period of 13 months from their collection.

17. Applicable Law - Disputes

The General Terms and Conditions are governed by and interpreted in accordance with French domestic law. In the event of a dispute relating to the application and/or interpretation of the General Terms and Conditions, the Customer may resort to a conventional mediation procedure or any other alternative dispute resolution procedure. Any dispute between HERBERT FRERE SŒUR and a Consumer may be settled amicably through mediation with the CMAP. If the Customer so wishes, they may (i) complete the form on the website www.cmap.fr or (ii) send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr. The Customer's request must contain their identity, postal, email and telephone contact details, as well as HERBERT FRERE SŒUR's identification data, along with a statement of the facts and subject of the dispute.

In the absence of an amicable agreement, any Party may refer any dispute relating to the existence, interpretation, conclusion, execution or termination of the Order to the court. The competent court will be that of the place of domicile of the defendant or that of the actual delivery of the Products.

Appendix 1 – Return Form

You can download the return form by clicking here .