Last update: may 11th 2022
The hereby general terms of sale apply to every sales done on the internet website Super Briques. The internet website https://www.super-briques.fr is a service from:
Super Briques SAS company
Located at: 314, Hameau des Pierres Noires 85170 Les Lucs sur Boulogne France
Website URL address: https://www.super-briques.fr
Phone number: 0251423842
The internet website of Super Briques sells the following products: Lego ® construction sets.
The customer hereby declares that he is aware and accepts these general terms and conditions of sale prior to his order. Sales order confirmation applies for general terms of sale acceptation.
Article 1 - Principles
The hereby general terms of sale express all the obligations of the parties. In that way, the buyer is deemed to accept them without reservation. These general terms of sale apply to the exclusion of all other conditions, and in particular, those applicable to sales in stores or through other distribution and marketing channels.
They are accessible on the Super Briques internet website and will prevail, if necessary, over any other version or contradictory document.
The seller and the buyer agree that these general terms of sale exclusively govern their relationship. The seller reserves the right to modify his general terms of sale from time to time. They will be effective soon they are online.
If a condition of sale were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies have their headquarters in France.
These general terms of sale are valid until December 2023.
Article 2 - Content
The buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a legible and understandable way, of these general terms of sale and all the information listed in Article L. 221-5 of the Consumer Code.
The following information is transmitted to the buyer in a clear and understandable manner:
the essential characteristics of the property;
the price of the property and/or the method of calculating the price;
if applicable, all additional costs of transport, delivery or postage and any other costs due;
In the absence of immediate performance of the contract, the date or time limit on which the seller undertakes to deliver the goods, regardless of its price;
Information relating to the identity of the seller, his postal, telephone and electronic contact details, and his activities, information relating to legal guarantees, the functionalities of digital content and, where applicable, its interoperability, the existence and methods of implementation of guarantees and other contractual conditions.
Article 4 - Sales order
The buyer has the possibility to place his order online, from the online catalog and using the form on it, for any product, within the limits of available stocks.
The buyer will be informed of any unavailability of the product or good ordered.
For the order to be validated, the buyer must accept, by clicking in the place indicated, these general terms. He will also have to choose the address and delivery method, and finally validate the payment method.
A minimum purchase of five (5) euros all taxes included, excluding shipping costs, is required to validate your order.
The sale will be considered final:
- after sending the buyer the confirmation of the acceptance of the order by the seller by email;
- and after receipt by the seller of the entire price. Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will occur in the context of a possible exchange and the guarantees mentioned below. In some cases, including non-payment, incorrect address or other problem with the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved. For any questions relating to the follow-up of an order, the buyer can call the following telephone number: 0251423842
(Cost of a local call), on the following days and times: Monday to Friday, from 9:30 a.m. to 7:30 p.m., or send an email to the seller at the following email address: firstname.lastname@example.org.
Article 5 - Electronic signature
The online provision of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement: - due of sums due under the order form; - signature and express acceptance of all operations carried out.
In the event of fraudulent use of the credit card, the buyer is invited, as soon as this use is noted, to contact the seller at the following telephone number: 0251423842.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation, by email.
Article 7 - Proof of the transaction
Computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 8 - Products information
The products governed by these general terms of sale are those that appear on the seller's website and are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred with respect to this presentation, the seller could not be held liable.
Photographs of the products are not contractual
Article 9 - Price
The seller reserves the right to change its prices at any time but undertakes to apply the current rates indicated at the time of the order, subject to availability on that date. Prices are indicated in euros. They do not take into account delivery costs, invoiced in addition, and indicated before the validation of the order. Prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
If one or more taxes or contributions, including environmental taxes, are created or modified, up or down, this change may be passed on to the selling price of the products.
Article 10 - Method of payment
This is an order with an obligation to pay, which means that placing the order implies payment from the buyer.
Article 11 - Products availability - Refund - Resolution
Except in case of force majeure or during the closing periods of the online store which will be clearly announced on the home page of the site, the shipping times will be, within the limits of available stocks, those indicated below. Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in Metropolitan France and Corsica, the lead time is 2 to 3 working days from the day following the day on which the buyer placed his order, according to the following terms: Colissimo, Followed Letter or Mondial Relay relay point. At the latest, the lead time will be 30 working days after the conclusion of the contract. For deliveries to the DOM-TOM or another country, the delivery methods will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed delivery date or lead time, the buyer must, before terminating the contract, order the seller to perform it within a reasonable additional period of time. In the absence of performance by the expiry of this new period, the buyer may freely terminate the contract.
The buyer must complete these successive formalities by registered letter with acknowledgement of receipt or in writing on another durable medium.
The contract will be considered terminated upon receipt by the seller of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
However, the buyer may immediately terminate the contract, if the dates or lead times seen above are an essential condition of the contract for him.
In this case, when the contract is terminated, the seller is required to reimburse the buyer for all the sums paid, no later than 14 days after the date on which the contract was terminated.
In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the opportunity to cancel his order. The buyer will then have the option of requesting either a refund of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Terms of delivery
Delivery refers to the transfer to the consumer of physical possession or control of the good.
The products ordered are delivered according to the terms and lead times specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure its accuracy. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a notice of passage in the mailbox, which will allow the package to be picked up at the places and time indicated.
If at the time of delivery, the original packaging is damaged, torn, opened, then the buyer must check the condition of the items. If they have been damaged, the buyer must imperatively refuse the package and note a reservation on the delivery note (package refused because opened or damaged).
The buyer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…).
This verification is considered to be carried out once the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm these reservations to the carrier by registered mail no later than two working days of receiving the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notice of the site.
If the products need to be returned to the seller, they must be the subject of a return request from the seller within 14 days of delivery.
Any complaint made outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions…).
Article 13 - Delivery errors.
The buyer must make to the seller on the same day of delivery or at the latest on the first working day following delivery, any complaint of delivery error and/or non-conformity of the products in kind or quality with the indications on the order form. Any complaint made beyond this period will be rejected.
The complaint may be made, at the buyer's choice:
by phone at the following number: 0251423842;
by e-mail to the following address: email@example.com.
Any complaint not made under the rules defined above and within the time limits set cannot be taken into account and will release the seller from any liability to the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product(s) concerned and communicate it by e-mail to the buyer.
The exchange of a product can only take place after the exchange number has been assigned. In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging, in Colissimo Recommandé, to the following address: Super Briques SAS - 314 Hameau des Pierres Noires, 85170 Les Lucs-sur-Boulogne.
The return costs are borne by the customer but can nevertheless be borne by Super Briques in the event of a proven error on the part of the seller (quantity error, incomplete product, reference error delivered).
Article 14 - Products warranty
14-1 Legal guarantee of conformity
The seller is guarantor of the conformity of the goods sold with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code.
In case of implementation of the legal guarantee of conformity, it is recalled that:
the buyer has a period of 2 years from the delivery of the goods to act;
the buyer can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-17 of the Consumer Code;
the buyer does not have to provide proof of the non-conformity of the property during the 24 months in the case of new goods (6 months in the case of used goods), following the delivery of the goods.
14-2 Legal guarantee of hidden defects
In accordance with Articles 1641 and followings of the Civil Code, the seller is the guarantor of hidden defects that may affect the property sold. It will be up to the buyer to prove that the defects existed in the sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years of the discovery of the defect.
The buyer can choose between canceling the sale or reducing the price in accordance with Article 1644 of the Civil Code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any item that does not suit him and request exchange or refund without penalty, with the exception of return costs which remain the responsibility of the buyer.
Returns must be made in their original and complete condition (packaging, accessories, instructions...) allowing them to be marketed again in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on this website.
In this case, an acknowledgement of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased are refunded and the delivery costs are refunded.The return costs are borne by the buyer.
The exchange (subject to availability) or refund will be made within 15 days, and at the latest, within 14 days of receipt by the seller of the products returned by the buyer under the conditions provided above.
According to Article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- the supply of goods whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
- the supply of goods made to the consumer's specifications or clearly personalized;
- the supply of goods likely to deteriorate or expire quickly;
- the supply of goods that have been unsealed by the consumer after delivery and that cannot be returned for reasons of hygiene or health protection;
- the supply of goods that, after being delivered and by their nature, are inseparably mixed with other articles;
- the supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the consumer's home and expressly requested by him, within the limits of spare parts and work strictly necessary to respond to the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- the provision of digital content not provided on a physical medium whose execution began after the express prior agreement of the consumer and express renunciation of his right of withdrawal.
Article 16 - Force Majeure
Any circumstances beyond the control of the parties preventing the performance under normal conditions of their obligations are considered causes of exemption from the parties' obligations and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as their disappearance.
Any irresistible facts or circumstances, external to the parties, unpredictable, unavoidable, beyond the control of the parties and which cannot be prevented by the parties, despite all reasonable efforts, will be considered force majeure. Expressly, are considered cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Article 17 - Intellectual property
The content of the website remains the property of the seller, the sole owner of the intellectual property rights to this content. Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of counterfeit.
Article 18 - Informatics and Freedoms
The personal data provided by the buyer are necessary for the processing of his order and the establishment of invoices. They may be communicated to the seller's partners responsible for the execution, processing, management and payment of orders.
The processing of information communicated through the Super Briques website has been brought into compliance with the GDPR.
The buyer has a right of permanent access, modification, rectification and opposition to information concerning him. This right can be exercised under the conditions and according to the terms defined on the Super Bricks website.
Article 19 - Partial non-validation
If one or more stipulations of these general conditions are held to be invalid or declared invalid pursuant to a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
Article 20 - Non-renonciation
The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in question.
Article 21 - Title
In case of difficulty of interpretation between any of the titles at the top of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 22 - Language of the contract
These general terms of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would be authentic in the event of a dispute.
Article 23 - Mediation and dispute resolution
The buyer may use conventional mediation, in particular with the Consumer Mediation Commission or existing sectoral mediation bodies, or any alternative dispute resolution method (conciliation, for example) in the event of a dispute. The names, contact details and email address of the mediator are available on our website.
In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement 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/.
Article 24 - Applicable law
These general conditions are subject to the application of French law. The competent court is the judicial court. This is the case for the substantive rules as well as for the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 25 - Protection of personal data
The personal data that is collected on this site are as follows:
– account opening: when creating the user's account, his surname; first name; email address; telephone number; postal address; Date of birth
– connection: when connecting the user to the website, he records, in particular, his surname, first name, connection, use, location data (by IP)
profile: the use of the services provided on the website makes it possible to fill in a profile, which may include an address and a telephone number;
payment: as part of the payment for the products and services offered on the website, it does not record financial data relating to the user's bank account or credit card;
communication: when the website is used to communicate with other members, data concerning the user's communications are subject to temporary storage;
cookies: cookies are used, as part of the use of the site. The user has the option to disable cookies from his browser settings.
Use of personal data
The purpose of personal data collected from users is to provide website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- operation management and optimization of the website;
- verification, identification and authentication of the data transmitted by the user;
- proposal to the user of the possibility to communicate with other users of the website;
- implementation of user support;
- personalization of services by displaying advertisements based on the user's browsing history, according to his preferences;
- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
- management of possible disputes with users;
- sending commercial and advertising information, depending on the user's preferences.
Sharing of personal data with third parties
The website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of user rights
In accordance with the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: firstname.lastname@example.org.
The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy. The right to rectification: if the personal data held by the website are inaccurate, they may request the updating of the information.
The right to delete data
users can request the deletion of their personal data, in accordance with applicable data protection laws. The right to restriction of processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for in the GDPR.
The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for in the GDPR. The right to portability: they can request that the website give them the personal data provided to them for transmission to a new website.
Evolution of this clause
The website reserves the right to make any changes to this clause relating to the protection of personal data at any time. If an amendment is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option to delete his account.
Appendix Withdrawal form
(To be counted by the consumer, And to be sent by recommended letter with acknowledgement of receipt, Within a maximum period of 14 days from the date of conclusion of the service contract)
To the attention of:
Super Briques SAS
Located at: 314 Hameau des Pierres Noires, 85170 Les Lucs-sur-Boulogne - France
Telephone number: 0251423842
Email address: email@example.com
I hereby notify you of my withdrawal from the contract relating to....................., ordered on: ......... First and last name of the consumer: .................
Consumer's address: ................. Date: .................. Signature of the consumer
Appendix Consumer code
Article L. 217-4: "The seller delivers a good in accordance with the contract and is liable for defects of conformity existing at the time of delivery. He is also liable for defects of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility. »
Article L. 217-5: "The property complies with the contract:
1° If it is suitable for the use usually expected of a similar good and, if applicable:
if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;
if it has the qualities that a buyer can legitimately expect having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted. »
Article L. 217-6: "The seller is not bound by the public statements of the producer or his representative if it is established that he did not know them and was not legitimately able to know them ».
Article L. 217-7: "Defects of conformity that appear within twenty-four months of the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise. For goods sold second-hand, this period is set at six months. The seller may combat this presumption if it is not compatible with the nature of the good or the defect of conformity stated.
Article L. 217-8: "The buyer is entitled to demand that the goods comply with the contract. However, he cannot challenge compliance by invoking a defect he knew or could not ignore when he contracted. The same applies when the defect originates in the materials he himself provided. »
Article L. 217-9: "In the event of a lack of conformity, the buyer chooses between repairing and replacing the property. However, the seller may not proceed according to the buyer's choice if this choice entails a cost manifestly disproportionate to the other modality, taking into account the value of the property or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer. »
Article L. 217-10: "If the repair and replacement of the property is impossible, the buyer can return the property and have the price returned or keep the property and have part of the price returned. The same option is open to it: 1° If the solution requested, proposed or agreed pursuant to Article L. 217-9 cannot be implemented within one month of the buyer's complaint; 2° Or if this solution cannot be implemented without major inconvenience to him given the nature of the property and the use he is looking for. However, the resolution of the sale cannot be pronounced if the lack of conformity is minor. »
Article L. 217-11: The application of the provisions of Articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not prevent the award of damages.
Article L. 217-12: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the property. »
Article L. 217-13: "the provisions of this section do not deprive the buyer of the right to exercise the action resulting from prohibitive defects as it results from Articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature recognized by law. »
Article L. 217-14: "The recursive action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, in accordance with the principles of the Civil Code.
Article L. 217-15: "Commercial warranty means any contractual commitment by a professional towards the consumer for the refund of the purchase price, replacement or repair of the good or the provision of any other service in connection with the good, in addition to its legal obligations to guarantee the conformity of the good.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer.
The commercial guarantee is the subject of a written contract, a copy of which is given to the buyer. The contract specifies the content of the guarantee, the terms of its implementation, its price, duration, territorial extent as well as the name and address of the guarantor. In addition, it clearly and precisely mentions that, regardless of the commercial guarantee, the seller remains bound by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-12 and that relating to the defects of the thing sold, under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code. The provisions of Articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as Article 1641 and the first paragraph of Article 1648 of the Civil Code are reproduced in full in the contract. In the event of non-compliance with these provisions, the guarantee remains valid. The buyer is entitled to avail himself of it. »
Article L. 217-16: "When the buyer requests from the seller, during the course of the commercial warranty granted to him during the acquisition or repair of movable property, for a restoration covered by the warranty, any immobilization period of at least seven days is added to the duration of the warranty that remained to run. This period runs from the buyer's request for intervention or the provision for repair of the property in question, if this availability is subsequent to the request for intervention."
Article 1641: "The seller is bound by the guarantee because of hidden defects of the thing sold that make it unfit for the use for which it is intended, or that reduce this use so much that the buyer would not have acquired it, or would have given only a lower price, if he had known them. »
Article 1648: "The action resulting from prohibitive defects must be brought by the buyer, within two years of the discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of apparent defects or lack of conformity.