Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Version of May 15, 2023
Thank you for ordering Y-Brush. To learn more about Y-Brush, visit our website (www.y-brush.com).
1. SCOPE OF APPLICATION AND CONTRACTING PARTIES
The currently valid provisions for orders are available at any time in our online store.
1.1. CONTRACTING PARTIES
This ordering 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 referred to as "we" or "us") and you, the customer (also "you", "your").
Y-Brush is a brand owned by FasTeesH, whose registered office is located at 14-22 Av. Barthélémy Thimonnier, 69300 Caluire-et-Cuire, France 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 authorized to place orders in our online store.
1.2. CONSUMERS AND ENTREPRENEURS
An "entrepreneur" is a natural or legal person who carries out a commercial activity for a fee. The "consumer" is any natural person who acts for purposes that are not part of his commercial, industrial, artisanal or liberal activity.
As far as contractors are concerned, this ordering policy will also apply to future business relationships, without our having to refer to it again. If the contractor adopts contradictory or supplementary conditions, their validity is hereby rejected: they shall only become part of the contract if we have expressly agreed to them.
2. CONCLUSION OF THE CONTRACT
The contract is concluded only when your order is successfully placed, i.e. at the end of the ordering process when the payment has been accepted and we have debited the payment card you have given us. You will receive from us an automatic acknowledgement of receipt summarizing your order to which you are legally bound.
2.1 REGISTRATION AND VALIDATION OF ORDER
Your order is made exclusively through the ordering process in several steps.
You can first select the products by clicking on the "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: Fill in the e-mail address
Step 2: Fill in the delivery address, phone number, choice of shipping type
Step 3: Fill in your bank details. 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 the important and relevant information of the contract, i.e. the selected goods, quantities, contact details, delivery and payment details...
Step 4: Reading and validation of the general terms and conditions of sale before payment confirmation
The contract is formed when your order is successfully placed, i.e. when the payment has been accepted and we have debited the payment card (step 4). Any validation of the orders implies the acceptance of the general conditions of sale.the validation of your order on the site y-brush.com is worth express acceptance of the entirety of the GCS.
The reception of the order will be confirmed by an email from us.
2.2 OTHER TERMS AND CONDITIONS
All the products that you can order on our website www.y-brush.com are only intended for your personal use. You may not sell professionally the products you receive from us (eg as a distributor, reseller, influencer, importer, etc.) without written consent. Y-Brush (company Fasteesh) reserves the right to cancel your order in case of shortage or difficulties in replenishment, or previous dispute; in this case the amount of your unprocessed order will be refunded.
3. TERMS OF PAYMENT
By ordering you agree 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 Products on subscription
In the event that certain items in your order are purchased in subscription format (for consumables, for example, if you have selected "Subscribe" in the product file), payment will be made automatically to the credit card that you have provided a few days before each shipment and at the frequency that you have chosen.
At the time of your first order, you will receive a secure link that is intended for you and never to be communicated, allowing you to fully control your subscription: delivery address, adjustment of products and/or quantities to be delivered, pause, final stop, etc.
Each subscription is taken out without any commitment of duration; it can be cancelled at any time by the Customer on this link. Please note that if a due date has been paid, it cannot be cancelled, and the products will be sent to you. That is to say, if you stop a subscription between the moment when a due date has been paid automatically and the delivery of the order, the automatic shipments will be stopped from the next due date.
In case of payment incident of an automatic due date, reminders will be sent to you by email to update your payment details. As long as these details have not been filled in and validated by a payment, no order will be shipped.
3.2 CREDIT CARDS
When validating your order, your credit card details are transmitted 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. DELIVERY AND SERVICE CONDITIONS
With your order, you will receive the products you ordered. The shipment usually takes place within 1 to 2 working days (excluding weekends, holidays, and unless otherwise mentioned on the product sheet and/or the website) but can exceptionally be longer and reach 7 working days (in case of high demand, temporary out of stock, etc.). In case of missing information in your delivery address, we will contact you by email or phone, and the shipping date may be postponed until you provide us with the necessary information. Delivery times depend on the shipping method you choose when you enter your credit card information and are not guaranteed. 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 aspect of the product being susceptible to be modified.
We only deliver within the shipping route. 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.
If you are in default of payment, we are entitled to assert our rights under the reservation of title. The assertion of the reservation of title does not constitute a withdrawal from the contract, unless we have expressly declared the withdrawal from the contract.
The following shall also apply to entrepreneurs: We reserve the ownership of the goods until all claims from an ongoing business relationship have been settled in full.
All the prices indicated on the online store are in Euro (see product catalog and prices here : https://www.y-brush.com/acheter ). They include VAT for metropolitan France* and European Union countries, excluding DOM-TOM. All customers outside metropolitan France and the European Union excluding DOM-TOM, are therefore likely to pay additional fees and/or taxes upon arrival.
Prices do not include delivery charges.
All prices on the site www.y-brush.com are firm and final. Y-Brush (Fasteesh company), reserves the right to change prices at any time, but the products will be charged on the basis of the rates in effect at the time of taking into account the orders for products without subscription.
For subscription products, the Company reserves the right to modify the prices of the products at any time, in compliance with the applicable legislation.
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 any customs clearance fees, which will be charged to the customer.
*The current VAT rate is 20%.
7. CANCELLATION OF ORDER AND RETRACTION
7.1 CANCELLATION OF ORDER BEFORE RECEPTION OF THE GOODS AND REFUSAL OF DELIVERY
If you wish to cancel an order before you take possession of it, i.e. generally on receipt, an amount of 30€ will be charged to you or deducted from the refund. This value corresponds to the administrative costs incurred by the cancellation of your order while it was in preparation or already shipped.
In case of refusal of delivery, that is to say that you refuse the delivery whereas the carrier presents itself to you or contacts you, the expenses which are invoiced to us by the carrier (s) (transport return, expenses of customs, VAT, etc.) will be re-invoiced to you or deducted from the amount of the refund, in addition to the 30€ of administrative expenses quoted in the preceding paragraph.
7.2 CONDITIONS OF WITHDRAWAL
In accordance with Article L121-20-12 of the Consumer Code, you have a right of withdrawal of 14 days. This right of withdrawal of 14 days starts from the date of RECEPTION OF THE GOODS.
Pursuant to Article L. 221-28 of the Consumer Code, "the right of withdrawal may not be exercised for contracts: [...] 5° Supply
of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection
health protection". In the event of a refund request for the order after receipt, the consumables that have been opened and/or unsealed will not be taken back or exchanged, and therefore deducted from the refund price. In period of promotion, the price retained of the consumable(s) to be deducted will be the one available on y-brush.com, at the time of the purchase and without subscription. By consumables, we mean all the products for personal use and having a need to be bought at regular intervals. For example: brushes (without the motor block), toothpaste, dental floss, etc.
To exercise your right of withdrawal, you must inform us by registered mail at 14-22 Av. Barthélémy Thimonnier 69300 Caluire-et-Cuire or by e-mail to email@example.com, expressly indicating your decision to cancel this contract, without any ambiguity.
In order to respect the withdrawal period, you just have to send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.
Model withdrawal form to be sent by email to firstname.lastname@example.org :
For the attention of the company FASTEESH
I, the undersigned ______ hereby notify you of my withdrawal from the contract for the sale of the product below:
Name of the Product :
Date of order and receipt :
Order number :
Tracking number of the withdrawal request:
Customer's name :
Customer's address :
Note: In case of a subscription order for regular delivery of products during a defined period of time, the withdrawal period runs from the receipt of the first product.
7.3 CONSEQUENCES OF WITHDRAWAL
The customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify reasons. The withdrawal period expires fourteen days after the date of receipt of your order, or when you, or a third party other than the carrier designated by you, takes physical possession of the goods. When the fourteen day period expires on a Saturday, Sunday or a holiday, it is extended until the next business day.
In the case of a subscription order for regular delivery of products over a defined period of time, the withdrawal period shall begin upon receipt of the first product.
If you cancel this contract after receiving the package, we will send you a number ("RMI") to be indicated inside your package, and you will have to send us back all the items of your order as well as their packaging. The acceptance will be done if 1/your parcel is received within 15 days (Customer in the European Union) or 30 days maximum (Customer outside the European Union), 2/contains the RMI number, 3/contains the products of your initial order and 4/the returned products are in perfect condition and without any trace of use (except consumables). You are responsible for the return shipping costs.
We will then refund all payments received from you, less the cost of return shipping and consumables, no later than fourteen days after the date we receive your notice of termination.
The goods must be returned to us no later than fourteen days from the date on which 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 to the package, no compensation will be paid to the customer by Y-Brush (Fasteesh company).
8. DAMAGE IN TRANSIT
8.1. FOR CONSUMERS, THE FOLLOWING PROVISIONS APPLY:
You have a period of 48 hours, upon receipt of your order, to inform the company Fasteesh of any problem, an omission of product in the shipping carton or a problem with the package. Once a package is delivered, you have the possibility, at the time of signing, to make reservations on the condition of it. After this moment, we decline any responsibility as for the state of the delivered parcel.
If the delivered goods have been obviously damaged during transport, we ask you to contact us immediately.
8.2. FOR CONTRACTORS, THE FOLLOWING PROVISIONS APPLY:
The risk of accidental loss or deterioration passes to you as soon as we have delivered the item to the freight forwarder, carrier or the person or organization responsible for the shipment. Contractors are subject to the obligation to inspect and report defects. If you fail to do so, the goods are deemed to be approved, unless the defects 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 you are unable to return the goods in their original packaging, please provide suitable packaging to protect the goods during transport in order to avoid claims for damage due to defective packaging.
9.1. RETURN COSTS
Return shipping costs are at the expense of the consumer.
When a customer contacted by our delivery service, is not at home, does not receive his package or does not show up to pick it up within 48 hours, this package will be returned to us. The second return of order from our premises will be charged to him.
10.1 LEGAL WARRANTY
According to article L217-7 of the French Consumer Code, all consumers have a legal warranty of two years. This guarantee applies to defects already present at the date of delivery of the product.
This guarantee covers only defects of conformity. Any defect resulting from improper use (eg: water mark inside the engine block) or normal wear and tear will not be taken into account in the warranty, any product that has been repaired by persons not authorized to do so without the agreement of Y-Brush.
For any claim, information on the contract or return of goods, please use the following contact information (address: 14-22 Av. Barthélémy Thimonnier 69300 Caluire-et-Cuire or by e-mail: email@example.com).
10.2 LIFETIME WARRANTY FOR SUBSCRIBER CUSTOMERS
The lifetime warranty applies to customers who subscribe to the brush head subscription with a minimum delivery of 2 brush heads per year. To be eligible for the lifetime warranty, the customer must maintain an active subscription and not miss any payments.
Warranty Exclusion: If the customer cancels their subscription, the lifetime warranty no longer applies. Any defect resulting from improper use (eg: water mark inside the engine block) or normal wear and tear will not be taken into account in the warranty, any product that has been repaired by persons not authorized to do so without the consent of Y-Brush.
Terms of warranty: The lifetime warranty covers any manufacturing or material defect in the products delivered under the subscription. If the product is defective, the customer must contact the seller as soon as possible to report the problem. Seller may require Customer to return the defective product for examination. If the product is indeed defective, the seller will proceed to its replacement or its refund, according to the terms and conditions of these GTC.
For any claim, information on the contract or return of goods, please use the following contact details (address: 14-22 Av. Barthélémy Thimonnier 69300 Caluire-et-Cuire or by e-mail: firstname.lastname@example.org)
The products offered are in accordance with the French legislation in force. The responsibility of FasTeesH cannot be engaged in case of non-respect of the legislation of the country where the product is delivered. It is your responsibility to check with the local authorities the possibilities of importing or using the products or services you are considering ordering.
Furthermore, FasTeesH cannot be held responsible for damages resulting from the misuse of the purchased product.
12. SETTLEMENT OF DISPUTES
The GTC are subject to French law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution. This Customer Service can be reached by email at email@example.com or in the "Contact Us" section.
If no solution is found directly with the Customer Service, and in accordance with the provisions of the Consumer Code, Fasteesh adheres to the service of the Mediator of CM2C (Center of Mediation of the Consumption of Justice Conciliators) whose coordinates are as follows: CM2C - 14 rue Saint Jean - 75017 Paris - https://cm2c.net/ . After prior written request from you, the Mediation Service can be contacted for any consumer dispute whose settlement has not been reached.
The Customer is also informed that the European Commission has set up a dispute resolution platform to collect any complaints from consumers following an online purchase. The platform then forwards these complaints to a competent national mediator. You can access this platform by following this link: http://ec.europa.eu/consumers/odr/.
In the absence of a possible amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
13. DATA PROTECTION
By using our website, you consent to receive SMS messages from Y-Brush. These messages may include promotional information, product notifications, account updates or other relevant communication related to Y-Brush's services.
You acknowledge that SMS messages may be sent to your cell phone number that you provided when you registered on our website or subsequently. You understand and agree that your mobile operator's standard messaging and data charges may apply for the receipt of such messages.
You have the option to unsubscribe at any time by following the unsubscribe instructions provided in the SMS messages or by contacting us directly. Please note that even if you opt out of receiving promotional messages, we may still send you administrative messages related to your account or transactions on our website.
You have the opportunity to register free of charge on a list of opposition to telephone canvassing BLOCTEL (www.bloctel.gouv.fr) in order to no longer be canvassed by phone by a professional with whom you have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 on consumption.
Any consumer has the opportunity to register on this list free of charge at https://conso.bloctel.fr/index.php/inscription.php.
15. FINAL PROVISIONS
The exclusive place of jurisdiction for all disputes arising from contractual relations between us and you is the place of our headquarters located in Caluire-et-Cuire.