General terms and conditions of sale
Version of October 19, 2018
Thank you for pre-ordering Y-Brush. You have the possibility to buy one of the first Y-Brush at a reduced price. To learn more about Y-Brush, visit our website (www.y-brush.com).
1. SCOPE AND CONTRACTING PARTIES
The current provisions for pre-orders are available at any time in our online shop.
1.1. CONTRACTING PARTIES
This pre-order policy is an integral part of all contracts initiated through this online store (www.y-brush.com). These are concluded exclusively by and between Y-Brush (also under the name "we" or "our") and you, the customer (also "you", "your").
Y-Brush is a trademark owned by FasTeesH, whose registered office is located at 22 Montée Nicolas de Lange in Lyon, 69005, and is registered at the Commercial Court of Lyon under number 831 791 850
Only persons with unlimited legal capacity and who have reached the age of 18 are allowed to place an order in our online shop.
1.2. CONSUMERS AND ENTREPRENEURS
An "entrepreneur" is a natural or legal person who carries on a commercial activity in exchange for a transaction. The "consumer" is any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity.
As far as contractors are concerned, this pre-order policy will also apply to future business relationships, without us having to refer to it again. If the Contractor adopts contradictory or additional terms and conditions, their validity is hereby rejected: they shall only form an integral part of the Contract if we have expressly agreed to them.
2. CONTRACT CONCLUSION
The contract is concluded only at the time your order is successfully placed, i.e. at the end of the order process, at the time the payment has been accepted and we have debited the payment card you have provided us with. You will receive from us an automatic acknowledgement of receipt summarising your offer to which you are legally bound for two working days (Saturdays, Sundays and public holidays are not considered as working days).
2.1 ORDER PROCESS FOR PRE-ORDERS
Your order is processed exclusively through the multi-step ordering process.
You can first select the products by clicking on the "Pre-order" button and place them in the shopping cart, without obligation.
The goods and quantities in the shopping cart can be adjusted at any time before payment.
By clicking on the "Buy" tab, you are redirected to a secure page, where you enter your customer information :
Step 1 : Email information
Step 2 : Delivery adress and choice of shipping type
Step 3 : Bank information. You can also choose a billing address different from the shipping address. As long as step 4 has not been validated, the amount will not be debited. You can still view, check and, if necessary, correct all important and relevant information in the contract, i.e. the goods selected, quantities, contact details, delivery and payment details .
Step 4: Reading and validation of the general terms and conditions of sale before payment validation The contract is formed at the moment your order is placed successfully, i.e. at the moment the payment has been accepted and we have debited the payment card (step 4). Any validation of orders implies acceptance of the general terms and conditions of sale.
The receipt of the order will be confirmed by an email from us.
All products that you can order on our website www.y-brush.com are for your personal use only. You may not sell the products you receive from us. Y-Brush (Fasteesh company) reserves the right to cancel your order in case of breakage or difficulties in restocking.
3. PAYMENT TERMS AND CONDITIONS
By pre-ordering you commit yourself to pay the price indicated at the time of the order, at the conclusion of the contract.
Only credit card payments are accepted.
3.1 CREDIT CARDS
When validating your order, your credit card details are sent to us. Once we have verified that you are a legitimate cardholder, we will ask your credit card company to initiate the payment transaction.
4. TERMS OF DELIVERY AND SERVICE
Thanks to your pre-order, you will be among the first customers to receive a Y-Brush at a reduced price, the exact delivery date is not yet defined but we will keep you informed! We will be shipping your order by September 2020 at the latest, but for information purposes, delivery is scheduled from the end of 2019.. Upon delivery of the goods, you will receive an invoice including the price including VAT and shipping costs. Please note that the photos are not contractual, the final appearance of the product may be subject to change.
We only deliver as part of the expedition itinerary. Delivery will be made to the delivery address indicated in your customer information.
5. RESERVATION OF OWNERSHIP
The goods remain our property until full payment of the order has been received.
If you are in arrears with your payment, we are entitled to assert our rights under the retention of title. The claim of retention of title does not constitute a termination of the contract, unless we have expressly declared the termination of the contract.
For contractors, the following provisions also apply: we reserve ownership of the goods until all claims resulting from an ongoing business relationship have been settled in full.
All prices in the online shop are in Euro and include VAT* (see product catalogue and prices here: https://www.y-brush.com/acheter). They do not include delivery charges. All prices on the www.y-brush.com website are firm and final. Y-Brush (Fasteesh company), reserves the right to modify the prices of the products at any time, but the products will be invoiced on the basis of the rates in force at the time the orders are taken into account. The amount of the shipping costs is fixed according to the country of destination. This will appear at the time of payment before the validation stage. Our rates do not take into account possible customs clearance fees, which will be charged to the customer.
*The VAT in force is fixed at 20%.
7. RIGHT OF TERMINATION
In accordance with Article L121-20-12 of the Consumer Code you have a right of withdrawal of 14 days. This right of retraction starts from the date of receipt of the goods. Pursuant to Article L. 221-28 of the Consumer Code, "the right of withdrawal may not be exercised for contracts: ...] 5° For the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection. Our toothbrushes will not be taken back or exchanged.
7.1. CANCELLATION CONDITIONS
To exercise your right of withdrawal, you must inform us by registered mail at 22 montée Nicolas de Lange 69005 LYON or by e-mail at email@example.com expressly indicating your decision to terminate this contract, without any ambiguity.
To comply with the withdrawal period, you only need to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
7.2 Consequences of cancellation
The customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the goods. Where the fourteen-day period expires on a Saturday, Sunday or public holiday or non-working day, it shall be extended until the first following working day.
If you terminate this contract, we will refund all payments we have received from you, except for the cost of returning the goods and the cost of the toothbrushes, no later than fourteen days after the date we receive notice of your termination.
However, in the event that the return deadlines are not respected, Y-Brush (Fasteesh company) reserves the right to reimburse you in the form of a credit note, valid only on our website www.y-brush.com. The goods must be returned to us within fourteen days at the latest from the date you received your package.
The buyer must return the goods in their original condition and packaging. The return of goods is at the expense and risk of the buyer (you are therefore advised to declare the value of the goods and to take out insurance covering these risks). In case of loss or damage of the package, no compensation will be paid to the customer by Y-Brush (Fasteesh company).
8. DAMAGE DURING TRANSPORT
8.1. FOR CONSUMERS THE FOLLOWING PROVISIONS APPLY:
If the delivered goods have been clearly damaged during transport, we kindly ask you to complain to the delivery person without delay and to contact us immediately. Failure to file a complaint or contact us does not affect your legal rights and the enforcement of these, in particular your warranty rights. However, this helps us to enforce our own rights against the carrier or transport insurance.
8.2. FOR CONTRACTORS, THE FOLLOWING PROVISIONS APPLY:
The risk of accidental loss or damage is transferred to you as soon as we have delivered the item to the freight forwarder, carrier or person or organization responsible for the shipment. Contractors are required to inspect and report defects. If you do not do so, the goods are deemed approved, unless they are defects that could not be detected during the inspection. This does not apply if we have fraudulently concealed a defect.
Returns are only accepted within the framework of the legal guarantee or the exercise of your right of withdrawal.
If possible the goods should be returned without damage or contamination in its entirety with all accessories and in its original packaging. If you are unable to return the goods in their original packaging, please provide appropriate packaging to ensure the protection of the goods during transport in order to avoid claims for damage due to defective packaging.
9.1. RETURN COSTS
The return costs are the responsibility of the consumer.
10. LEGAL WARRANTY
In addition to the two-year legal guarantee of compliance established under Article L217-7 of the Consumer Code, all consumers have a two-year legal guarantee. This warranty applies to defects already present on the date of delivery of the product.
This warranty only covers defects in conformity. Any defect resulting from misuse or normal wear and tear will not be covered by the warranty, any product that has been repaired by unauthorized persons or if parts have been replaced with parts that are not original Y-Brush parts.
For any complaint, information on the contract or return of the goods, please use the following contact details (address: 22 montée Nicolas de Lange 69005 LYON or by e-mail: firstname.lastname@example.org).
The products offered comply with current French legislation. FasTeesH cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is your responsibility to check with local authorities about the possibilities of importing or using the products or services you plan to order.
In addition, FasTeesH shall not be held liable for any damage resulting from improper use of the purchased product.
12. DISPUTE RESOLUTION
The European Commission provides an online dispute resolution (ODR) platform, available at https://ec.europa.eu/consumers/odr/.
13. DATA PROTECTION
14. FINAL PROVISIONS
The exclusive place of jurisdiction for all disputes arising from contractual relations between us and you is the place of our registered office located in Lyon.