This website www.hellobroc.com (the "Website") is published by the company SMPCD, Limited Liability Company with capital of 10,000 Euros, whose head office is located at 5 impasse Colombette office 3, 31000 Toulouse, registered in the Trade and Companies Register of Toulouse under number 900 704 131, and whose intra-community VAT number is FR 89 900704131.
To contact us: contact@hellobroc.com
01 - Preamble
These general conditions of sale (the "General Conditions") are concluded between Hello Broc (property of Sarl SMPCD) and any natural or legal person ("You") wishing to make a purchase on the Website.
Hello Broc reserves the right to modify the General Conditions at any time. They will then be applicable as soon as they are put online.
02 - Object
These General Conditions exclusively govern your relationship with Hello Broc and determine the rights and obligations of the parties in connection with the online sale of products and services offered by Hello Broc.
03- General Provisions
These General Terms and Conditions of Sale (GTC) govern the sale of Products or Services, made through the Hello Broc website, and are an integral part of the contract between the buyer and the seller. They are fully opposable to the buyer who accepted them before placing an order.
The T&Cs can be viewed on the Hello Broc website.
The seller reserves the right to modify these at any time by publishing the news on the website. The applicable GCS are those in force on the date of payment of the order.
Hello Broc also ensures that their acceptance is clear and unreserved by putting a checkbox and a validation click. The customer declares to have read all of these General Conditions of Sale related to a product or service and to accept them without restriction or reservation.
Unless proven otherwise, the information recorded by Hello Broc constitutes proof of all transactions.
04 – Products and Services
The products governed by these General Conditions are those which appear on the Website and which are indicated as sold and shipped by Hello Broc (the "Products"). They are offered within the limits of available stocks.
The essential characteristics of the Products are described and presented with the greatest possible accuracy.
05 - Price
The prices of the Products are indicated in Euros, all taxes included. They take into account the VAT (if applicable) and any reductions applicable on the day of the order.
The prices of the Products are exclusive of delivery costs (shipping, packaging and making up the package according to the amounts in force). The amount of the delivery costs will be specified before validation of the order.
If one or more taxes or contributions, in particular environmental, were to be created or modified, up or down, this change may be passed on to the selling price of the Products present on the Website and on the various sales media.
A price cannot be modified once your order has been validated. However, in the event of a price error (obviously derisory price compared to the real value of the Product), the validated order may be canceled by Hello Broc. This measure remains exceptional.
06 - Command
6.1 Identification
To place an order, You must identify yourself with your email address or your user name, and your password. For any first order, You will need to create an account.
6.2 Registration and validation of the order
You can place your order online:
- either from the online store
-either by contacting us via our email contact@hellobroc.com
Once your basket has been validated, You will have to choose the address and the delivery method, and validate your means of payment, this last step formalizing the sales contract with Hello Broc.
You also have the option of placing an order in a single step (“order in 1 click”), once your payment card has been pre-registered and the address and delivery method pre-selected. This single step formalizes the sales contract with Hello Broc.
Any order implies acceptance of the prices and descriptions of the Products available for sale.
Hello Broc will acknowledge receipt of your order upon validation by sending you an email in which you will find a link to these General Conditions.
In certain cases, in particular for non-payment, incorrect address or any other problem related to your account, Hello Broc reserves the right to block your order until the problem is resolved.
In case of unavailability of a Product ordered, you will be informed by email. The cancellation of the order for this Product and its possible
In case of unavailability of a Product ordered, you will be informed by email. The cancellation of the order for this Product and its possible refund will then be made, the rest of the order remaining firm and definitive.
For any question relating to the follow-up of an order, You can consult your account on the Website or contact us by email at contact@hellobroc.com.
07 - Terms of payment
You can pay for your order:
- by credit card: Carte Bleue, e-credit card, Visa, Mastercard. Your account will be debited immediately upon purchase of the Products
- with your PAYPAL account (only available for delivery in France and Monaco). By choosing payment via PayPal, You will be automatically directed to your PayPal account. Once the PayPal payment has been validated, You can complete your order on the Website.
08 - Delivery
8.1. Delivery in mainland France, Corsica and Monaco
8.1.1. For small products
The service times indicated below are not guaranteed during certain periods of high activity, such as sales periods or Christmas time.
- "Mondial Relay" (3 to 5 days from the delivery of your package of Products)
- "Colissimo" (3 to 5 days from the delivery of your package of Products to La Poste), delivery is made by La Poste.
8.1.2. For bulky products
- " Home delivery "
Home deliveries are made regardless of location, including upstairs.
However, deliveries above the third floor are dependent on elevator access. Indeed, in the absence of an elevator or if the dimensions of the latter are unsuitable for the delivery of the Products, the delivery cannot be made by means of the stairwell (subject to its dimensions) , only up to the third floor. Beyond that, delivery to the floor by our carrier will require the establishment of an estimate.
Thus, prior to your order, it is your responsibility to check that the Products can be delivered to your floor or inside your home, in particular by taking into consideration the size and volume of the doors, the stairwell or of the elevator with regard to the specifications of the Products in terms of size and volume.
Consequently, if there are one or more constraints related to the premises or the means of access to the place of delivery, and in particular delivery without a lift beyond the third floor or dimensions of the landing doors that are not suitable, You must contact Hello Broc Customer Service to inform them. Hello Broc will then establish an estimate taking into account these constraints. In case of acceptance of the quote, the costs are your responsibility, and are to be paid at the latest on delivery.
The impossibility of delivering the Products delivered to your floor or inside your home, in the absence of information on the need to use specific means of delivery, cannot engage the responsibility of Hello Broc. If necessary, You will then have the possibility:
To ask the carrier to take back the Product in application of your right of withdrawal.
To accept delivery, which will only be done in front of your home or at the foot of your building.
With regard to deliveries made by the carrier on the metropolitan islands (excluding Corsica), these take place at the quay on the mainland, at the pier of the ferry terminal. The transport costs between the pier and the home are your responsibility. For the Ile d'Oléron and the Ile de Ré, deliveries are made to the delivery address that you have given us.
8.2. Delivery in Austria, Belgium, Danemark, Germany, Greece, Italy, Luxembourg, Netherlands, Spain, Poland, Portugal, Switzerland and Sweden
8.2.1. For small products
The service times indicated below are not guaranteed during certain periods of high activity, such as sales periods and around Christmas.
- "Mondial Relay" (about 5 days from the delivery of your package of Products)
- "Colissimo" (about 5 days from the delivery of your package of Products to La Poste).
8.1.2. For bulky products
- " Home delivery "
Home deliveries are made regardless of location, including upstairs.
However, deliveries above the third floor are dependent on elevator access. Indeed, in the absence of an elevator or if the dimensions of the latter are unsuitable for the delivery of the Products, the delivery cannot be made by means of the stairwell (subject to its dimensions) , only up to the third floor. Beyond that, delivery to the floor by our carrier will require the establishment of an estimate.
Thus, prior to your order, it is your responsibility to check that the Products can be delivered to your floor or inside your home, in particular by taking into consideration the size and volume of the doors, the stairwell or of the elevator with regard to the specifications of the Products in terms of size and volume.
Consequently, if there are one or more constraints related to the premises or the means of access to the place of delivery, and in particular delivery without a lift beyond the third floor or dimensions of the landing doors that are not suitable, You must contact Hello Broc Customer Service to inform them contact@hellobroc.com . Hello Broc will then establish an estimate taking into account these constraints. In case of acceptance of the quote, the costs are your responsibility, and are to be paid at the latest on delivery.
The impossibility of delivering the Products delivered to your floor or inside your home, in the absence of information on the need to use specific means of delivery, cannot engage the responsibility of Hello Broc. If necessary, You will then have the possibility:
To ask the carrier to take back the Product in application of your right of withdrawal.
To accept delivery, which will only be done in front of your home or at the foot of your building.
09 - Return of Products
9.1. Exercise of the right of withdrawal
You have a right of withdrawal of fourteen (14) calendar days from the date of receipt or withdrawal of your entire order.
During these periods, You will be able to return the Products undamaged, without having to justify reasons, nor to pay a penalty. In the event of damaged Products received, the procedure of article 7.3 will apply.
All Products may be subject to withdrawal, except those excluded by law in Article L221-28 of the Consumer Code, for example Products that have been personalized at your request, etc. …
Returned Products must be intact and complete and must not have been altered. With regard to gift cards, if these have been used in whole or in part before the expiry of the periods mentioned in the first paragraph, they may no longer be subject to withdrawal.
To exercise your right of withdrawal, You can make any unambiguous statement indicating your intention to return the Product to Hello Broc (excluding gift cards).
Hello Broc will acknowledge receipt of your withdrawal by email.
You must then return the Products to Hello Broc, no later than fourteen (14) days following your withdrawal:
- by La Poste to the following address: For the attention of Sophie Desmazures, Hello Broc Sarl SMPCD, 57 rue de la République, 31300 Toulouse. The return costs via La Poste are your responsibility (with the exception of a defective Product upon receipt, or an error by Hello Broc when sending the Product). You must give us the tracking number by email to contact@hellobroc.com
For bulky Products, Hello Broc will organize their home pick-up at the best price for you. Return costs are your responsibility (with the exception of a defective Product upon receipt, or an error by Hello Broc when sending the Product)
Hello Broc undertakes to reimburse you for all sums paid upon receipt of the Product in its warehouses or upon receipt of proof of return of your package that You will have sent to us at contact@hellobroc.com. As an indication, it generally takes between at least 1 week for a return to the Hello Broc storage location.
Reimbursement will be made via the payment method used for the returned order.
Thus, for example, if the Product order was paid for by:
- Carte Bleue, and that your Carte Bleue is still valid, the refund will be made to the account attached to this Carte Bleue.
- Paypal, and the Paypal account is still active, the refund will be made to this Paypal account.
For any other means of payment or in the event of failure or impossibility of previous refunds, the refund will be made by transfer sent upon receipt of a bank details.
9.2. Exchange
You also have the option of requesting an exchange, within fourteen (14) days of receipt of the Product.
You can return the Product to be exchanged to Hello Broc by La Poste. The return costs are your responsibility.
For bulky Products, Hello Broc will organize their collection at home, if you request it by email to contact@hellobroc.com. The Product to be taken back must be intact, complete, packaged and, if necessary, unplugged. The return of the Product may possibly be done at the same time as the delivery of the new Product, subject to the organization of the carriers.
9.3. Special case of a non-compliant Product
Hello Broc advises you to check the Product at the time of its delivery and in the event that the Product delivered is non-compliant (Product error, defective, damaged or incomplete Product), to make written reservations at the latest within three (3 ) days following this delivery, with the carrier and/or Hello Broc.
In all cases, the provisions set out in article 8.1 on legal warranties will apply. Thus, the non-compliant Product delivered can only be the subject, initially, of a replacement or a repair.
For Products reported to be non-compliant within three (3) days of delivery, Hello Broc nevertheless allows you to exercise your right of withdrawal and obtain reimbursement for the Product pursuant to the provisions of Article 7.1, without going through repair or replacement, as provided for by the legal guarantee of conformity.
10 - Mediation
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, Hello Broc adheres to the Service of the e-commerce Mediator of the FEVAD (Federation of e-commerce and distance selling) whose contact details are as follows: 60 rue de la Boétie – 75008 Paris – http://www.mediateurfevad.fr/. After prior written action by consumers vis-à-vis Hello Broc, the Mediator Service may be contacted for any consumer dispute whose settlement has not been successful. To find out how to refer to the Mediator, click here.
At European level, the European Commission provides you with an online dispute resolution platform.
11 - Evidence
In all cases, the online provision of the credit card number and the final validation of the order will be worth proof of the entirety of the said order in accordance with article 1366 of the Civil Code and will be worth payment of the sums incurred by the seizure of the Products. listed on the purchase order.
This validation is equivalent to signature and express acceptance of all operations carried out on the Website. However, in the event of fraudulent use of your bank card, You are invited, as soon as this use is observed, to contact us at contact@hellobroc.com. The computerized registers, kept in Hello Broc's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between You and Hello Broc.
Archiving of purchase orders
and invoices is made on a reliable and durable medium so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil Code.
12 - Responsibilities
Hello Broc has for all stages of order taking as well as for the stages after the conclusion of the contract an obligation of result.
Thus Hello Broc undertakes to describe with the greatest accuracy the Products sold on the Website. On the other hand, Hello Broc cannot be held liable in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable event of a third party to the contract or to a case of force majeure as defined by French case law. . Likewise, Hello Broc cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses.
13 - Personal information
During your order, the personal data collected will be subject to computer processing. You are invited to refer to the "Personal Data" tab of the Website to obtain all the information relating to this point.
14 - Applicable law and jurisdiction
The General Conditions are subject to French law. The competent court in the event of a dispute will be that of the place of residence of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Product.
The Website complies with French legislation, and under no circumstances does Hello Broc give any guarantee of compliance with the local legislation that would be applicable to you, when You access the Website from other countries.