Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE

These General Terms and Conditions of Sale are entered into between, on the one hand, LA BONNE BROSSE, SAS with a share capital of €5,000, registered with the Paris Trade and Companies Register under number 897 753 687, with its registered office at 60 rue Pierre Charron Paris (hereinafter “LA BONNE BROSSE”), and, on the other hand, any person who has made a purchase on the website www.labonnebrosse.com, hereinafter referred to as “the Customer”. Any purchase on the website www.labonnebrosse.com (hereinafter the “Website”) automatically entails acceptance of all of these terms and conditions.

ARTICLE 1 : DEFINITIONS

Customer: refers to any user who purchases a Product through the Website and/or who has a personal account on the Website.

Order: refers to the process by which the Customer selects the Products they wish to purchase and have delivered. An Order is finalized when the Customer has selected the Products they wish to have delivered, as well as the delivery options, and has paid the amount due. Once finalized, the Order is processed by LA BONNE BROSSE, which will proceed with shipping the ordered Products in accordance with the terms of these GTC.

Contract: refers to these GTC and any special conditions applicable to certain promotional operations. Consequently, the Customer waives the right to rely on any contradictory document that would conflict with the Contract and therefore be unenforceable against LA BONNE BROSSE.

Personal Data: refers to all personal information relating to the Customer, a natural person, provided by them when placing the Order.

Parties: jointly refers to LA BONNE BROSSE and the Users of the Website.

Products: refers to the products available for sale on the Website.

User: refers to any natural or legal person accessing the Website, whether they are a Customer or not.

ARTICLE 2 : PURPOSE OF THE GTC AND CURRENT VERSION

2.1. These GTC are intended to define the conditions under which Users may access the Website, place Orders, and manage the relationship between LA BONNE BROSSE and the Users, including all rights and obligations arising therefrom.

2.2. They apply to relations between Users themselves and between Users and LA BONNE BROSSE. Any User undertakes to comply, without restriction or reservation, with these GTC, whether they visit the Website or place an Order. The GTC are communicated to Users for acceptance prior to any Order on the Website.

2.3. LA BONNE BROSSE is free to amend these GTC at any time and without notice, in particular to take into account any legal, case law, and/or technical developments. LA BONNE BROSSE will inform the User by any means, and the latter must accept the new GTC.

In any case, the fact that the User continues to use the Website after being informed of the changes to the GTC constitutes acceptance of such modifications by the User. The successive versions of the GTC will be accessible from the Website.

2.4. The prevailing version of the GTC is the latest version available on the Website.

2.5. The version applicable to an Order is the one in force on the date the Order is placed.
Each new Order requires acceptance of the GTC by the Customer, which the latter acknowledges and accepts.
If Users do not accept the GTC or their subsequent amendments, they must refrain from any use of the Website.

2.6. The User declares that they have obtained from LA BONNE BROSSE, prior to their Order, all the information on the Products and the delivery terms. They declare that they are solely responsible for the choice of Products and their suitability for their needs.

2.7. The User must be a duly represented legal entity or a natural person of legal age with legal capacity to place an Order on the Website. Failing this, they must have the authorization of their legal representative to place an Order, which they expressly acknowledge and accept.

ARTICLE 3 : PRICES

All prices shown on the Website are in euros, inclusive of all taxes. LA BONNE BROSSE reserves the right to change its prices without notice. The prices applied to the Customer correspond to those displayed on the Website at the time of their Order.

ARTICLE 4 : PRESENTATION OF THE PRODUCTS

The User is informed that photographs of the Products appear on the Website, which they may consult freely.
LA BONNE BROSSE guarantees that these photographs were taken under standard conditions for the sector concerned, using the Products themselves.
LA BONNE BROSSE makes every effort to ensure that the photographs of the Products are as close as possible to the Products actually delivered to the Customer (in particular, the color of the Products). Nevertheless, LA BONNE BROSSE cannot guarantee that the Products will be exactly identical to the photographs, particularly due to the technical constraints of making the photographs available on the Website. Furthermore, LA BONNE BROSSE strives to present and describe its Products as accurately as possible. However, subject to providing a faithful presentation of the essential qualities of its Products, LA BONNE BROSSE cannot guarantee the exhaustive communication of all the characteristics of each Product. The User who wishes to receive additional information about a Product is invited to contact Customer Service by email at contact@cair-paris.com.
The User declares that they are fully aware of the provisions of this article and expressly agree in advance not to hold LA BONNE BROSSE liable in this regard, subject to the application of mandatory legal provisions (in particular, the guarantee of conformity).

ARTICLE 5 : ORDER

The User may browse the Website without any obligation to purchase.
To place their Order, the Customer selects the Products of their choice on the Website and adds them to their virtual cart.
Creating a personal account on the Website is not necessary to place an Order. However, certain personal data of the Customer is required for LA BONNE BROSSE to properly execute the Order.

The Customer is required to provide complete, up-to-date, and accurate information, and LA BONNE BROSSE cannot be held liable in this regard. The Customer is informed that some of the requested information is mandatory for the proper execution of the Order they have placed, which they expressly acknowledge.
The description of the Products is available to the Customer on the Website, which the Customer accepts and acknowledges.
Once the Order has been finalized, its processing is confirmed by LA BONNE BROSSE by sending an email to the Customer at the address provided when placing the Order.

The Order is validated once payment has been made in full and received by LA BONNE BROSSE.

LA BONNE BROSSE will send the Customer an invoice by email to the address provided when placing the Order. It is recommended that the Customer save or print their invoice and keep it.
LA BONNE BROSSE undertakes to fulfill validated Orders, subject to available stock.

In the event that one or more Products become unavailable after the Order has been placed, the Customer will be informed by email.
The Customer will have the option to be refunded the amount corresponding to the unavailable Products, or to be delivered when the Products concerned are back in stock (unless they are permanently withdrawn from the catalog).
In any case, LA BONNE BROSSE cannot be held liable for any loss suffered by the Customer, nor be required to pay any compensation.
LA BONNE BROSSE may modify at any time the range of products offered for sale on the Website, without prejudice to Orders already placed by the Customer.

ARTICLE 6 : DELIVERY

The delivery fees will be specified on the Website, inclusive of all taxes, during the Order process and must be accepted by the Customer at the time of Order confirmation.
They will appear on a separate and distinct line from the one indicating the price of the Products.
It is expressly stated that the amount of delivery fees may vary depending on the delivery territory of the Products, which the Customer expressly acknowledges and accepts.
The delivery times are indicated on the Website and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays, and public holidays.
Pursuant to Article L. 216-1 of the French Consumer Code, the Parties agree that the Products will be delivered within the timeframes specified during the Product Order process and before the Order is confirmed. The delivery times are also reiterated in the Order confirmation email sent to the Customer.
The delivery times include the preparation and shipping of the Order, as well as the transit time for the Products to the delivery point (the Customer’s postal address or a pick-up point).
In the absence of any delivery timeframe indicated on the Website for the Products, LA BONNE BROSSE undertakes to deliver them within a maximum of thirty (30) days from the Order confirmation email sent to the Customer by LA BONNE BROSSE. In this case, the Products concerned will be delivered within the timeframe indicated on the Website and reiterated at the time of the Order.
However, as LA BONNE BROSSE uses external service providers (carriers, postal services, etc.) for the transportation of the Products, LA BONNE BROSSE is entirely dependent on these third-party providers. The delivery times indicated on the Website may therefore be affected due to these providers, without LA BONNE BROSSE being held liable for such delivery delays or any consequences that may result from them.
When delivery is made against signature, such signature constitutes proof of the proper receipt of the package. The transfer of risk and liability relating to the Products takes place upon receipt of the Products by the Customer. From that date, the Customer shall be solely and entirely responsible for them, as well as for their use and any consequences that may result. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant, and undamaged. Failing this, the Customer undertakes to refuse to accept the Order and to affix their signature to any supporting document. Any Order received against signature by the Customer will be deemed to be compliant, complete, and in perfect condition at the time of delivery.

ARTICLE 7 : PAYMENT

The Customer pays on the website www.labonnebrosse.com by bank card from the Visa, Mastercard, Maestro, and American Express networks via the secure payment platform STRIPE.

The payment terms are specific to the STRIPE payment provider platform and are independent of LA BONNE BROSSE, which in no way intervenes in the use of said service. All terms and conditions related to payment via the STRIPE payment solution are governed by the General Terms of Use of this service, accessible at https://stripe.com, which apply concurrently with these GTC. LA BONNE BROSSE does not store any banking details of the Customer, subject to the provisions set out below. LA BONNE BROSSE cannot be held liable for any malfunction occurring on the STRIPE payment platform.
By accepting these terms, the Customer also agrees to be bound by STRIPE’s General Terms of Use, accessible at the aforementioned address. These may be modified solely by STRIPE. Under no circumstances can LA BONNE BROSSE modify STRIPE’s General Terms of Use, as it has no control over this service provider.

ARTICLE 8 : RIGHT OF WITHDRAWAL

Pursuant to Articles L.221-5 et seq. of the French Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging and in perfect condition (any damaged, incomplete, or altered product, or product with damaged packaging, will not be accepted), in order to request a refund without penalty.

In particular, LA BONNE BROSSE will not refund cosmetic products whose seal has been removed.

The Customer must therefore place the intact packaging containing the product into suitable packaging on which the return label will be affixed, before sending it via postal service. The Customer must also include a copy of the invoice or any other document allowing identification of the relevant Order and its holder.

The return of the Product is carried out at the Customer’s own risk. If the package is lost, stolen, or damaged during the product return process, LA BONNE BROSSE reserves the right to refuse the refund of the returned product(s).

Only the Customer identified as such by LA BONNE BROSSE may exercise this right, to the exclusion of any other person, including the recipient of the delivery. The return address is:

LA BONNE BROSSE chez SYMPL

SAS DAT Sympl

Zone industrielle de Moimont

Bâtiment B1

1 rue Jean Jaurès

95670 Marly-la-Ville

ARTICLE 9 : PERSONAL DATA

9.1. Personal data is collected by LA BONNE BROSSE when an Order is placed or when a personal account is created by the Customer. Creating a personal account is not mandatory to place an Order on the Website, as the Customer can choose to place an Order as a “guest.” In addition, personal data is collected through cookies, as described in Article 9.2 below.
When placing an Order, certain personal data must be provided by the Customer and collected by LA BONNE BROSSE. This includes the Customer’s last name, first name, email address, postal address, and telephone number. The same personal data is required when creating a personal account.

This personal data is subject to automated processing for the purposes of managing the Order and LA BONNE BROSSE’s customer database, as well as for commercial prospecting and statistical purposes.
It may be transmitted to LA BONNE BROSSE’s business partners who contribute to the delivery of Products and the processing of payments, solely for this purpose, which the Customer expressly acknowledges and accepts.
Furthermore, in the context of online payment services used by LA BONNE BROSSE, these services collect certain personal data belonging to Customers on behalf of LA BONNE BROSSE.
The said data is kept for the time necessary to fulfill the purposes for which it is collected and processed, namely to execute the Customer’s Order, unless:
- a longer retention period is authorized or imposed by a legal or regulatory provision;
- the Customer has exercised, under the conditions set forth below, one of the rights granted to them by law.
In addition, when the Customer has created a personal account, the personal data provided for this purpose is kept until the account is deleted, which may be requested from LA BONNE BROSSE under the conditions described below.
Subject to the Customer’s express consent via checkboxes, the Customer’s email address may also be used by LA BONNE BROSSE to register for and send a newsletter and/or promotional offers.
If the Customer no longer wishes to receive newsletters and/or promotional offers, they may change their preferences by contacting LA BONNE BROSSE under the conditions mentioned below or by using the unsubscribe links provided in the messages.
Access to personal data is strictly limited to LA BONNE BROSSE employees authorized to process it in the course of their duties. The information collected may be communicated to third parties contractually bound to LA BONNE BROSSE for the performance of subcontracted tasks necessary for managing the Order, without requiring the Customer’s authorization. It is specified that, as part of their services, such third parties have only limited access to the data and are contractually obligated to use it in compliance with applicable personal data protection legislation. Apart from the cases mentioned above, LA BONNE BROSSE undertakes not to sell, rent, transfer, or give access to third parties to the data without the Customer’s prior consent, unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of rights of defense, etc.).
In accordance with applicable legal and regulatory provisions, in particular Law No. 78-17 of January 6, 1978 as amended, relating to information technology, files and freedoms, and European Regulation No. 2016/679/EU of April 27, 2016, the User has the right to access, rectify, port, and delete their data, as well as to limit its processing. They may also, for legitimate reasons, object to the processing of their data.
They may request that their personal data be corrected, completed, clarified, updated, or deleted if it is inaccurate, incomplete, ambiguous, or outdated. The User’s personal data is also deleted when the User expressly withdraws consent for its collection and processing, subject to LA BONNE BROSSE’s legal obligations. The User may also, under their right to data portability, retrieve their personal data for personal use or request its transfer to a third party, where technically feasible. Each User may also object, for legitimate reasons, to the processing of their data and request that its processing be limited.
To exercise these rights, the User must send a request to the following postal address: LA BONNE BROSSE, 60 Rue Pierre Charron 75008 Paris or by email at contact@cair-paris.com. LA BONNE BROSSE may request proof of identity from the User by attaching any necessary document to their request, including a copy of their ID card or passport.
LA BONNE BROSSE will use the resources at its disposal to process requests relating to Users’ personal data.
In the event of a security breach of the Website or a loss of personal data relating to Users, LA BONNE BROSSE will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material, and financial resources, to remedy the breach and ensure data security. Users also have the right to file a complaint with the national supervisory authority, namely the CNIL.
For more information on their rights, Users may click on the following link:
https://www.cnil.fr/fr/comprendre-vos-droits.

9.2. LA BONNE BROSSE may use cookies on the Website. These are automatic tracking processes that record information relating to browsing on the Website and store information entered during visits to facilitate the use of the Website.
The cookies installed by LA BONNE BROSSE are deleted from the Customer’s device after a period of 13 months.
The User may object to their use and/or delete them by following the procedure indicated on their browser.
In this regard, LA BONNE BROSSE collects the express consent of Users regarding the use of such cookies and uses them in compliance with legal provisions, including the General Data Protection Regulation.
LA BONNE BROSSE uses these cookies solely to establish connection statistics and browsing histories of Users.

ARTICLE 10 : PURCHASE VOUCHERS / CREDIT NOTES

Purchase vouchers issued by LA BONNE BROSSE are valid for 1 year on all Products offered on the Website. Purchase vouchers cannot be combined with each other or with promotional codes.

ARTICLE 11 : PROMOTIONAL CODES

Promotional codes apply only to non-discounted base prices. Promotional codes cannot be combined with each other or with purchase vouchers. Promotional codes are valid for one use per Customer account unless otherwise instructed by LA BONNE BROSSE. These codes are non-refundable in the event of an exchange.

ARTICLE 12 : INTELLECTUAL PROPERTY

Without this list being exhaustive, the “LA BONNE BROSSE” models and their derivatives and variations, logos, graphic charter, layout, information, presentation, and content of the Website are the exclusive property of LA BONNE BROSSE. The systems, software, structures, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, databases, etc.) related to the Website are also protected by all applicable intellectual property rights or database producer rights, for which LA BONNE BROSSE is the sole owner or rights holder. Any disassembly, decompilation, decryption, extraction, reuse, copying, and more generally, any act of reproduction, representation, distribution, and use of any of these elements, in whole or in part, without the prior written authorization of LA BONNE BROSSE, is strictly prohibited and may result in legal action.

Any reproduction or representation, in whole or in part, of the Website or its components—such as trademarks, logos, graphic charter, layout, information, presentation, and content of the Website, without limitation—is prohibited. Browsing the Website does not entail any transfer of intellectual property rights to the User. LA BONNE BROSSE grants the User only a right of access and consultation of the Website, under the conditions and terms set forth in these GTC.

ARTICLE 13 : LIMITATION OF LIABILITY

13.1. LA BONNE BROSSE declines all liability for damages of any kind whatsoever, resulting in particular from the use of the Website or the ordering of Products, including damage to the Customer’s reputation and image, or loss of data that may occur as a result of using the Website. In the event that LA BONNE BROSSE’s liability is established and upheld due to damage suffered by the Customer and exclusively attributable to LA BONNE BROSSE, such liability shall be limited to the amount of the Order paid by the Customer to LA BONNE BROSSE.

13.2. The User acknowledges that their use of the Website is at their own risk. The Website is provided “as is” and is accessible without any guarantee of availability or continuity. LA BONNE BROSSE will make its best efforts to ensure the Website is accessible 24 hours a day, seven days a week, except in cases of force majeure or events beyond LA BONNE BROSSE’s control, and subject to maintenance periods, possible breakdowns, technical contingencies related to the nature of the network, acts of malicious intent, or any damage to LA BONNE BROSSE’s hardware or software.

13.3. Under no circumstances may LA BONNE BROSSE be held liable for an interruption, whether partial or total, of the Website, regardless of the cause, duration, or frequency of such interruption.

13.4. Although the Website has the necessary technology for access and use as of today, the possible presence of viruses or other harmful elements introduced by any means or by any third party, which may cause alterations in the User’s computer systems, cannot be excluded. LA BONNE BROSSE offers no express or implied warranty as to the operation of the Website, including any technical problems that may occur.
LA BONNE BROSSE reserves the right, at its sole discretion and unilaterally, at any time and without prior notice, to modify the configuration of the Website, the services or content offered, and to remove, limit, suspend, or prohibit access, temporarily or permanently.

13.5. LA BONNE BROSSE’s liability under these GTC shall not be incurred if the non-performance of its obligations is attributable to a third party, even if foreseeable, to the fault of the Customer, to an event of force majeure as defined by French courts and Article 1218 of the French Civil Code, or to any other event that could not reasonably be under the exclusive control of LA BONNE BROSSE.
It is agreed that if LA BONNE BROSSE’s liability is engaged, regardless of the grounds and/or nature of the action, only direct and foreseeable damages are eligible for compensation. Therefore, all indirect, consequential, and/or incidental damages, such as commercial disruption, loss of clientele, etc., shall not give rise to compensation for the User.
In any event, LA BONNE BROSSE’s liability, in the event of damage caused to the Customer, for whatever reason, shall be expressly limited and shall in no case exceed the total amount excluding taxes of the Customer’s Order placed under these terms.

13.6. The Customer undertakes to use the Products strictly in accordance with the instructions provided by LA BONNE BROSSE. Consequently, LA BONNE BROSSE cannot be held liable in the event of non-compliant use of the Products by the Customer or a third party.

ARTICLE 14 : LEGAL WARRANTY

In accordance with the provisions of the French Consumer Code, the Products sold on the Website are covered by legal warranties, namely the warranty of conformity (Articles L.217-4 et seq. of the French Consumer Code) and the warranty against hidden defects (Articles 1641 et seq. of the French Civil Code), allowing Customers to return defective or non-compliant Products at no cost.

14.1. Warranty against hidden defects.
In accordance with Articles 1641 et seq. of the French Civil Code, LA BONNE BROSSE is liable for any hidden defects in the Products sold which render them unfit for their intended use or which significantly impair such use. The Customer may bring a claim based on a hidden defect within two years from the discovery of the defect.
Under the legal warranty against hidden defects, LA BONNE BROSSE, at the Customer’s choice and after assessing the defect, undertakes to:
- refund the full price of the Product concerned;
- or refund part of the price of the Product if the Customer decides to keep it.

14.2. Legal warranty of conformity.
In accordance with Articles L.217-4 et seq. of the French Consumer Code, LA BONNE BROSSE is obliged to deliver Products that conform to the Customer’s Order, meaning:
- Products that match the description given by LA BONNE BROSSE;
- Products that have the qualities the Customer can legitimately expect in view of LA BONNE BROSSE’s statements.
The Customer may bring a claim based on a lack of conformity within two years from delivery of the Product, it being understood that any lack of conformity appearing within two years from delivery is presumed to have existed at the time of delivery.
Under the legal warranty of conformity, LA BONNE BROSSE, at the Customer’s choice and after assessing the defect, undertakes to:
- refund the price of the Product concerned;
- or exchange the Product for one that conforms to the Order, if possible.

ARTICLE 15 : COMPLAINTS – INFORMATION

Any complaint or request for information relating to these GTC must be sent to Customer Service by email at contact@cair-paris.com.

ARTICLE 16 : MISCELLANEOUS PROVISIONS

16.1. Partial invalidity
If one or more provisions of these GTC are found to be invalid or declared as such under a law, regulation, or final decision of a competent court, the other provisions shall remain in full force and effect.

16.2. No waiver
The fact that one of the Parties does not invoke against the other Party a breach of any of the obligations referred to in these GTC shall not be interpreted in the future as a waiver of the obligation in question.

16.3. Mediation
In the event of a dispute relating to an Order, the Customer must first contact LA BONNE BROSSE to seek an amicable solution by email at contact@cair-paris.com.
Referral to a mediator may only take place after the Customer has made prior written attempts to resolve the matter with LA BONNE BROSSE.
Furthermore, in accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform to facilitate the independent, out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

16.4. Applicable law and jurisdiction
These GTC are governed by French law, unless otherwise required by mandatory provisions.
Failing an amicable settlement, and regardless of the origin of the dispute, disputes relating to the performance or interpretation of these GTC shall be submitted to the competent courts of Paris, unless otherwise required by mandatory provisions. For all practical purposes, it is specified that the time limits for legal action are not suspended during the period in which an amicable solution is sought or mediation is requested.