Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
February 15th, 2022 version.
Thank you for ordering Y-Brush. For more information on Y-brush, visit our website (www.y-brush.com).
1. SCOPE AND CONTRACTING PARTIES
The current provisions for orders are available at any time in our online shop.
1.1. CONTRACTING PARTIES
This 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 headquarter is located at 49 avenue Rosa Parks, 69009 Lyon, France, and is registered at the Commercial Court of Lyon under number 831 791 850.
Only persons who have reached the age of 18 and with unlimited legal capacity are allowed to place an order in our online shop.
1.2. CONSUMERS AND ENTREPRENEURS
Is considered as "entrepreneur" 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 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 order to which you are legally bound.
2.1 ORDER PROCESS FOR ORDERS
Your order is processed exclusively through the multi-step ordering process.
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: Email details.
Step 2: Delivery address, phone number and your chosen shipping method.
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: Before payment validation, you need to read and validate the general terms and conditions of sale. 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 are not authorized to 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, or in case of previous dispute.
3. PAYMENT TERMS AND CONDITIONS
By 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 PRODUCTS ON SUBSCRIPTION
In the event that some items in your order are purchased in subscription format (for example for consumables, if you have selected "Subscribe" in the product file), payment will be made automatically to the credit card you have entered a few days before each shipment and at the frequency 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 an automatic payment has been made, 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 an automatic payment is made and the delivery of the order, the automatic shipments will be stopped from the next automatic payment.
In case of payment incident of an automatic payment, 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 product will be sent.
3.2 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 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 page 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 entering your banking information and are not guaranteed. Upon delivery of the goods, you will receive an invoice including the price, 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 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 entrepreneurs, 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 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 (company Fasteesh), 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 products on subscription, 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 prices do not take into account any customs clearance fees, which will be charged to the customer.
*The current VAT rate is 20%.
7. ORDER CANCELLATION AND WITHDRAWAL
7.1 CANCELLATION OF ORDER BEFORE RECEIPT OF GOODS AND REFUSAL OF DELIVERY
If you wish to cancel an order before you take possession of it, that is to say generally with its reception, an amount of 30€ will then be charged to you or deduced from the refunding. This value corresponds to the administrative costs of cancelling 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 contact 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 14-day right of withdrawal begins 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. In the event of a refund request after receipt of the order, consumables that have been opened and/or unsealed will not be taken back or exchanged, and therefore deducted from the refund price. By consumables, we mean all products for personal use and having a need to be purchased 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 avenue Barthélémy Thimonnier, 69300 CALUIRE or by e-mail at email@example.com expressly indicating your decision to terminate this contract, without any ambiguity.
To ensure the withdrawal period, you only need to send the exercise of the right of withdrawal’s notification before the expiry of the withdrawal period.
Withdrawal letter model to be sent by email to firstname.lastname@example.org :
To 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:
Tracking number of the withdrawal request:
Note: In the case of a subscription order for the regular delivery of products during a defined period, the withdrawal period starts upon 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 and designated by you, takes physical possession of the goods. If the fourteen-day period expires on a Saturday, Sunday, holiday or non-working day, it is extended to the next working day.
In the case of a subscription order for the regular delivery of products during a defined period, the withdrawal period starts upon receipt of the first product.
If you cancel this contract after receiving the package, we will send you a number ("RMI") that you must indicate inside your package, and you must send us back all the items in 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 DURING TRANSPORT
8.1. FOR CONSUMERS, THE FOLLOWING PROVISIONS APPLY:
You have 48 hours, upon receipt of your order, to inform Fasteesh of any problem, omission of a product or any problem with the package. As soon as a parcel is delivered to you, you have the possibility, at the signature, to express reservations about its condition. After this moment, we decline all responsibility for the condition of the parcel delivered. If the delivered goods have been clearly damaged during transport, we kindly ask you to contact us immediately.
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.
10. RETURN COSTS
The return costs are charged to 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.
11. LEGAL WARRANTY
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, normal wear and tea or any product that has been repaired by unauthorized persons or if parts have been replaced, will not be covered by the warranty.
For any complaint, information on the contract or return of the goods, please use the following contact details (address: 14 – 22 avenue Barthélémy Thimonnier, 69300 CALUIRE or by e-mail: email@example.com).
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.
13. DISPUTE RESOLUTION
These conditions are subject to French law.
In case of any difficulty, the Customer Service is at your disposal to find an amicable solution. The Customer Service can be reached by email at firstname.lastname@example.org or in the "Contact Us" section.
If no solution is found directly with the Customer Service, the Customer may refer the matter to the Consumer Mediator for an amicable resolution.
If no solution is found with the Customer Service, and in accordance with the provisions of the Consumer Code, the company Fasteesh is a member of the Mediator service of CM2C (Consumption and Justice Conciliators’ Mediation Center) whose contact details are the following: CM2C - 14 rue Saint Jean - 75017 Paris - https://cm2c.net/. After a 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.
14. DATA PROTECTION
15. BLOCTEL (French customers only)
If you live in France, you have the opportunity to register for free on a BLOCTEL (www.bloctel.gouv.fr) opposition to telephone solicitation list in order to no longer be solicitated by telephone 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 for free on this list on the website https://conso.bloctel.fr/index.php/inscription.php.
16. 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.