General Conditions of Sale Brewandbeer

These general conditions of sale govern the rights and obligations of the buyer, hereinafter referred to as "the customer" or "you", and the seller, hereinafter referred to as "GRAFTON" or "we", for all purchases made remotely via the www.brewandbeer.fr website or the BREWANDBEER mobile application.
By purchasing our products and services, the customer declares to accept these general conditions of sale without reservation.

1. YOUR PURCHASE

The products presented on the www.brewandbeer.fr website can, for the most part, be ordered online and/or via the Brewandbeer mobile application. However, some items are not available for distance selling: refer to our website for details.

Please note that distance selling prices are only valid for purchases made on the brewandbeer.fr website, or the brewandbeer application. They may differ, more or less, from the price in store.

2. OUR PRICES AND YOUR PAYMENT

All our prices are inclusive of VAT (VAT not applicable), excluding delivery costs, and other options, the cost of which is communicated to you before validation of your final purchase.
The applicable prices are those mentioned on the product sheet and confirmed at the time of purchase. Any price change after the purchase has no effect on it.
No delivery request will be taken into account before full payment of the price of the product, delivery costs, and other options where applicable. The sums paid in advance are neither deposits nor installments.

The amount of delivery costs depends on:
- the volume and weight of the parcel in the event of postal delivery,
- the value of the goods to be delivered and your geographical area of delivery.

Payment methods accepted on the Internet and via the GRAFTON mobile application.
On our website or on the BREWANBEER mobile application, you can pay for your order by credit card (Bleue, Visa, Eurocard, Mastercard), by PAYPAL express or PAYPAL, by bank check, by bank transfer or by gift card(s). BREWANDBEER (having a PIN code only).

Sale to professionals:
If you are a company/community, you can also benefit from special conditions for the purchase of your products by contacting the GRAFTON service by email or telephone. Payment for professional customers is made only by bank transfer or check.

3. YOUR POSSIBILITY OF ORDER CANCELLATION BEFORE DELIVERY

GRAFTON offers you the possibility of reconsidering your commitment and canceling all or part of your purchase free of charge as soon as the contract is concluded under the conditions of article 10 below before the actual delivery thereof (Article 10 – RIGHT TO RETRACT).

4. YOUR DELIVERY

4.1 Terms of delivery

Delivery is made to the place you designated when ordering, either by carrier or by post. The available articles are delivered everywhere in metropolitan France, in the European Union in the respect of the local particularities in terms of transport, except DOM and COM
Delivery by post: In the event of delivery by postal parcel, the products are delivered within 10 days maximum. Track your pending order at www.brewandbeer.com
Home delivery by transport provider: In the event of home delivery, the products are delivered within an average period of 2 to 10 days depending on your delivery area and beyond 15 days for items made to order or at the request of the customer. ; deadlines from the day of your purchase.
In the case of delivery by carrier, it is specified that:
- You must ensure that the address given on the order form is correct and inform us, if necessary, by telephone of any difficulties the carrier may encounter when delivering the products, in particular due to their weight or volume.

4.2 Absence of the customer during delivery or change of delivery date at the initiative of the customer

Delivery by parcel post:
In case of absence at the time of delivery, you must go to the place mentioned on the notice of passage (post office or depot of the service provider) to collect your package, in compliance with the storage times mentioned on the notice. passing. After this time, it will be automatically returned to its sender. To track your delivery, visit the Colissimo website: www.colissimo.fr
Any package not collected on time will be returned to GRAFTON and your purchase will be considered canceled in accordance with § 3 above.
Delivery by Mondial Relay:
If it is impossible to take possession of the goods during delivery, your package will be routed to the nearest relay point and you will be informed.

4.3 Delay in delivery

Unless expressly agreed otherwise, delivery will be made on the date agreed upon at the time of purchase, or within the period specified by GRAFTON at the time of purchase. You will be notified as soon as possible by GRAFTON of the occurrence of exceptional circumstances preventing delivery on the agreed date or within the period indicated. GRAFTON will contact you by any means, including email or telephone, to agree with you on a new delivery date.
It is recalled that any sales contract, the delivery of the goods of which is not immediate, may be denounced by the consumer in the event of exceeding the date or the deadline which has been indicated to him, under the conditions of article L .138-2 of the Consumer Code, if, after enjoining GRAFTON to deliver within a reasonable additional period, GRAFTON has not complied. The sales contract can also be terminated immediately by the consumer in the event of refusal of delivery by GRAFTON on the agreed date, or at the expiry of the additional period as mentioned above, if this date or this period constitutes for the consumer an essential condition of the contract.

4.4 Transport risk and transfer of liability

GRAFTON undertakes to bear the risks of storage and transport to the named place of delivery. You are responsible for the goods placed in your hands as soon as they are physically handed over, the transfer of possession entailing the transfer of risks.

4.5 Receipt of your products

You are required to check the condition of the packaging and the number of packages at the time of receipt at the place of delivery designated at the time of purchase. Case of damage or missing during deliveries by postal parcel or by carrier:
For deliveries by carrier: You must include on the delivery note PRECISE AND REASONED RESERVATIONS: indication of the number of missing and/or damaged packages, and detailed description of any damage (open or torn packaging, damaged or missing product, etc. )
Imprecise formulations, such as "subject to unpacking" or "subject to verification" are invalid. In the absence of specific reservations, you acknowledge having received a delivery in accordance with your order and in good condition, without this precluding the subsequent application, where applicable, of conventional or legal guarantees. The refusal of the goods, in the absence of specific reservations on the delivery note, is considered as a cancellation of your purchase in accordance with paragraph 3 of these conditions of sale.
Whether for delivery by carrier or by parcel post, you must inform the Customer Relations Center as soon as possible by telephone or e-mail to agree on the terms of exchange of the damaged product(s) and/or delivery of the missing elements.

5. YOUR RETURNS

Return by carrier: No return of the product by carrier can be made without the express prior consent of GRAFTON. The return costs remain your responsibility, except implementation of the legal guarantees. If you wish to have it picked up by GRAFTON, you must first pay the cost of transporting the product to the headquarters of the GRAFTON company. Transport costs to the GRAFTON store are the same as delivery costs. You can pay them by calling the Customer Relations Center directly. You must take all measures and, where applicable, all insurance to compensate for the possible destruction, partial or total, of the returned goods until they are handed over to GRAFTON.

6. RIGHT OF WITHDRAWAL

6.1

In accordance with art. L121-21 of the Consumer Code, you have a period of 14 working days following the date of receipt of your delivery or the withdrawal of your order, to withdraw without having to justify reasons or pay penalties to the customer. exception of the cost of returning the product under the conditions of article 9 above. You can exercise your right of withdrawal as soon as your sales contract is concluded. In the case of a single order delivered in several installments, the period runs from the receipt of the last good forming part of the same order. You can exercise your right of withdrawal by sending the withdrawal form, available 18Tici18T, by registered mail, or any other unambiguous written request, to the following address:
GRAFTON SAS 179 Rue de la Gare – 88550 POUXEUX France
You can also exercise your right of withdrawal
By phone: 0624852186 (non-surcharged call)
Or by email: sales@brewandbeer.com

GRAFTON will send you an acknowledgment of receipt in return to confirm that your request for withdrawal has been taken into account. You then have from the date of your request for withdrawal a maximum period of 14 days to return the product to us.

6.2

If you exercise your right of withdrawal, GRAFTON will refund your entire order (products + initial delivery costs). On the other hand, any additional costs arising from the choice of a more expensive delivery method than the initial delivery method will not be refunded to you.
Unless otherwise agreed, refunds are always made to the original payment method used at the time of purchase.

Reimbursement of products will be made within 14 days from the date on which GRAFTON has recovered the goods in store or when it has received, at the address referred to above, proof of shipment of the said goods or confirmation the return of the products by the carrier, if applicable. The date used for reimbursement is that of the first of these events.
Please note that, in accordance with the regulations in force, in the event of damage or signs of wear on the returned products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these products, GRAFTON may reduce the amount refunded accordingly.

6.3 Conditions of return in the event of exercise of the right of withdrawal

The costs of returning the product are your responsibility. If you want a collection by GRAFTON (for example in the case where the product cannot be returned by post), you must first pay the cost of transporting the product to the GRAFTON store in France indicated on the order form. The return costs correspond in this case to the initial delivery costs applicable to the product(s). You are invited to take all measures and, where applicable, all insurance to compensate for the possible destruction, partial or total, of the returned goods until delivery to GRAFTON

7. YOUR REFUND

Unless otherwise agreed between the parties, refunds for returned products are always made using the original payment method used at the time of purchase. Apart from the reimbursement occurring following the exercise of the right of withdrawal or a delay in delivery under the conditions of article 4.3 above, GRAFTON undertakes to reimburse the products as soon as possible and does its best to that it takes place within a maximum of 14 days following the return of the product(s).

8. YOUR GRAFTON WARRANTIES AND STATUTORY WARRANTIES. AVAILABILITY OF SPARE PARTS

8.1 Free Grafton commercial warranties

GRAFTON offers you free commercial warranties on certain reported items which cover repair or replacement of the product if, under proper installation, regular maintenance and normal use, a manufacturing defect appears during any the warranty period following purchase. These warranties do not cover normal wear and tear that does not affect day-to-day use or safety of the product.
GRAFTON products are designed, developed and tested for home use.

8.2 Legal warranties

Independently of the commercial guarantee, GRAFTON remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the consumer code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. Any claims under these warranties should be made to the Grafton store nearest to you or to the Customer Relations Center.

8.3 Installation of GRAFTON products in places open to the public (ERP)

We draw your attention to the fact that our products may, in some cases, not correspond to the security standards required for installation and use in an ERP. If such use is planned, we advise you to check with the local authorities beforehand on the specific requirements that may be required.

8.4 Spare parts

GRAFTON offers some spare parts, for sale, contact us for more information. GRAFTON undertakes that spare parts will be available for a period of 3 (three) months after the sale of the product.

9. IN CASE OF DISPUTES

It is recalled that in accordance with Article L.133-4 of the Consumer Code, in the event of a dispute, the customer may resort to a conventional mediation procedure or any other alternative method of dispute resolution before the competent court. Failing this, any dispute will be brought before the competent court of Epinal.

10. CONTACT US

GRAFTON SAS RCS EPINAL B 351 745 724 SIREN/SIRET 811987635 00018 Code APE 4799B
SAS with a capital of 4000€
Headquarters 179 Rue de la Gare
88550 LICE France

Delivery services applicable to distance selling Any order placed online is delivered to your home. We offer several delivery methods:

Delivery by post within 8 to 15 days:
For this type of delivery, the packaging of the product must meet certain weight and size conditions. Add your products to the cart and enter your postcode to find out if your items can be sent by post. Currently, the majority of our shipments are delivered within 4 days of payment for your order.
* Maximum delivery time by parcel post: 15 days
Once your package has been delivered to the sorting centre, you will receive an email giving you the number of your package, allowing you to track it and know the delivery date. The package is hand delivered to you. If your parcel cannot be deposited, a notice of passage specifies the date and the post office where to collect it. From the date mentioned on the delivery notice, you have 15 days to collect your goods. After this time, it will be automatically returned to its sender. To track your delivery, visit the Colissimo website.

Delivery to relay points:
GRAFTON offers a delivery service to relay points in France, Spain, Belgium and Luxembourg by the Mondial Relay service. The prices vary according to the weight of the goods to be delivered (including VAT) and your geographical area of delivery.
Once you have chosen the Mondial Relay mode of transport and your order has been validated by us, you will receive a link by email inviting you to choose the relay point that suits you. The list of available relay points is visible on the Mondal relay website:
http://www.mondialrelay.fr/trouver-le-point-relais-le-plus-proche-de-chez-moi

We offer you an export service. This will be operated by Mondial relay at home without the following areas:
Zone 1: Germany, Belgium Luxembourg
Zone 2: United Kingdom, Spain
Zone 3: Austria, Italy, Portugal
Add your products to the basket and enter your postal code and your country to know the delivery time of your order and the price.
* These prices are only valid for a purchase via our GRAFTON Distance Selling service.

OUR FREE COMMERCIAL GUARANTEES

COMMON PROVISIONS

What is the validity period of the warranties?
Warranties are valid for the duration and the products/components specified in the text relating to each product, from the date of purchase from GRAFTON.

What does Grafton do in the event of a complaint?
Apart from the implementation of the legal guarantee, GRAFTON will examine the product, and if after verification it is concluded that your claim is covered by the guarantee, it will be proceeded either to the repair of the defective product, or to its replacement by the same article. or by a comparable article. These provisions do not apply to repairs not authorized by GRAFTON. Replaced parts become the property of GRAFTON. The warranties apply to materials and accessories replaced or repaired during the warranty period, within the limit of the warranty period remaining to run from the day of replacement or repair. In the event that the item is no longer sold at GRAFTON, and in the event of total impossibility of repair recognized by GRAFTON, or if the amount of the repairs exceeds the value of the item, and apart from the implementation of the legal warranty, GRAFTON will offer a suitable replacement item.
The replacement of the defective product does not result in extending the initial warranty period.

What are the conditions of application of the guarantees?
Warranties apply to new products sold in GRAFTON stores, excluding show models. They cover the repair or replacement of the product if a manufacturing defect in the materials likely to affect the normal and safe use of the product appears during the entire warranty period offered from the date of purchase. GRAFTON warranties apply to the original purchaser acting as a consumer. They apply only in case of domestic use, unless otherwise stipulated. The guarantees do not apply without presentation of the receipt, the delivery note or the invoice in the event of distance selling. Keep your proof of purchase in a safe place.

Where do the warranties apply?
GRAFTON warranties apply only on the territory of metropolitan France. The warranties for GRAFTON items used in another European Union member country may be exercised with the GRAFTON organization subject to compliance with the technical specifications and regulations applicable and specific to each country, where applicable.

What are the general warranty exclusions?
The warranty does not apply to products which have been improperly stored or assembled, which have suffered misuse or modification, which have been cleaned with the wrong methods or products, products which have been improperly used or misuse. The warranty does not cover normal wear and tear such that it does not affect the daily use or safety of the product, nor damage caused by, among other things, theft, fall or impact of an object, fire, discoloration by light, burns, excessive moisture or dry heat, cuts, scrapes, any soaking by a liquid, or damage engaging the responsibility of a third party or resulting from a negligence intentional or fraudulent. The warranty does not cover consequential or incidental damages.

MAINTENANCE TIPS

To benefit from a guarantee, it is necessary to comply with the assembly and installation instructions, the maintenance and care instructions, and the warnings, if any, supplied with the product. If in doubt, contact a specialist, ask our team for advice by email or consult GRAFTON.fr
To make a claim under this warranty, contact the grafton after-sales service by email contgraffr or contact the Customer Relations Department:
• By e-mail via our contact form on our website www.GRAFTON.fr in the Contact Us section.
• By post to the following address: SAS GRAFTON 179, rue de la gare, 88550 POUXEUX, France

LEGAL DISPOSITIONS

When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention. Independently of the commercial guarantee, GRAFTON remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the consumer code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code.

When acting under the legal guarantee of conformity, the consumer:
– has a period of two years from delivery of the goods to act;
– can choose between repairing or replacing the goods, subject to the cost conditions provided for in article L. 211-9 of the consumer code;
– is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods. This period is extended to twenty-four months from March 18, 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer can decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the civil code and that in this case, he can choose between the resolution of the sale or a reduction of the selling price. in accordance with article 1644 of the civil code.
Independently of the commercial guarantee, GRAFTON remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the consumer code and that relating to defects in the thing sold, under the conditions provided for in articles 1641 to 1648 and 2232 of the civil code. When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, for a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the request for intervention by the buyer or the provision for repair of the property in question, if this provision is subsequent to the request for intervention.

"Legal guarantee of conformity" (excerpt from the Consumer Code)
▪ Art. L.211-4. “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
▪ Art. L.211-5. “To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
▪ Art. L.211-12. “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
"Guarantee against defects in the thing sold" (excerpt from the Civil Code)
▪ Art. 1641. “The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lesser price, if he had known them. »
▪ Art. 1648 (1st paragraph). “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. »