Terms and conditions

Date of Last Revision: 13 May 2015

The present shopping terms and conditions apply to the sales of clothing, accessories and other Items (hereinafter  “Items”), which individual purchasers wish to purchase or order from BRAVE&NAIVE, represented by Katherina Kuba Jullien, the registered office of which is located at 87, rue du Chemin Vert, Paris 75011, registered in the Paris Trade and Companies Register as number RCS 811 630 326, called hereinafter ” B&N “.

B&N may be contacted on telephone number +33 (0)7 83 89 87 78.

These general terms may be viewed at any time on the website www.brave-and-naive.com (hereinafter the Website)

The act of placing an order, confirmed by means of the confirmation procedure described hereinafter, on the Website, implies that the purchaser accepts and is legally able to comply with the shopping terms and conditions set out below fully and without reservation, excluding all other contrary terms, and their acknowledgement that they are fully familiar with them. Customers agree not to impersonate any other person or entity or to use a false name or a name that the customer is not authorised to use.

To be eligible to purchase Items on this Website customers must be the holder of a valid debit/credit card and warrant that the personal information, which customers are required to provide when placing an order is true, accurate and current in all respects.

B&N reserves the right to be able to amend its sales terms at all times. In this case the applicable terms shall be those in force and viewable on the Site on the date of the order by the purchaser.

ORDERS

When a customer orders an Item from B&N the customer is offering to buy it for the price stated, subject to these Terms. The customer will be asked to

-                complete on the Website the identification form, on which they shall give all requested details,

-                complete the online Purchase Order,

-                place their order after having checked it,

-                make the payment on the terms set out below.

Once a customer has placed an order, they will receive an email from B&N, acknowledging the exact details of the order.

Unless B&N notifies the customer that their order has not been accepted, or the customer has cancelled their order in accordance with the Returns policy set out below, B&N’s acceptance of the customer’s order and the completion of the contract between the customer and B&N will take place when the customer receives an email from B&N confirming the availability and the exact timing of delivery of the Items they have ordered.

B&N’s acceptance of the customer’s order will be deemed complete and received by the customer at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by the customer shall apply regardless of whether, for reasons outside B&N’s control, the customer has not received that email.

B&N may not accept a customer’s order if:

  1. An item the customer has ordered is out of stock,
  2. B&N is unable to obtain authorisation for the customer’s payment or,
  3. If B&N identifies a product or pricing error, B&N reserves the right to reject any offer to purchase by a customer at any time and at the sole discretion of B&N.

If B&N is unable to fulfill a customer’s order following B&N’s order acknowledgement, B&N will contact the customer by email or telephone advising them of this. See the Returns policy set out below. B&N will try to keep its Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If B&N can’t supply any Item it will release the funds being held in the customer’s account for the purchase.

CHARACTERISTICS OF THE OFFERED ITEMS

Each item is accompanied by a description given by the designer and manufacturer; this description includes in particular information concerning the manufacturing material, colours,  sizes.

B&N has taken great care to ensure that the photos on its website represent the items as accurately as possible. However the representation may not be perfectly identical to the offered items.

PRICES

The prices shown on the Website are prices including all taxes, in Euros.

B&N reserves the right to amend its prices at any time, with the understanding, however, that only the price shown on the Website on the date of the order shall be applicable to the customer.

The prices given include the delivery costs for the purchase orders above 300 EUR. For all the orders beyond 300 EUR the delivery cost will be indicated in the Purchase order. The prices do not include the customs costs, if applicable, for all the countries outside the European Union.

Promo codes

B&N can make the discounts and offer the promo codes to selected customers at its complete discretion.

PAYMENT METHODS

Payment can be made using all major credit and debit cards through the secure ePayments tool, or via PayPal using Secure Socket Layer (SSL) technology, the industry standard in transferring information to process customer orders.

The customer confirms that the credit/debit card that is being used is their own or that they have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of the customer’s payment card refuses to authorise payment to B&N, B&N will not be liable for any delay or non-delivery.

B&N takes all reasonable care to make its Site secure. B&N does not store customers’ credit card details on its systems, however all other details will be fully encrypted and only used to process the order which the customer has initiated.

Furthermore, B&N will take all reasonable care, in so far as it is in its power to do so, to keep the details of customers’ orders and payments secure, but in the absence of negligence on B&N’s part, B&N cannot be held liable for any loss the customer may suffer if a third party procures unauthorised access to any data the customer provides when accessing or ordering from the Website.

DELIVERY AND TIMINGS

B&N and its designers aim to deliver the customer’s chosen items to the place and person of their choice, in perfect condition and in the shortest possible time. Deliveries are made to the address given in the purchase order by standard method. On all the orders over 300 EUR the worldwide standard delivery is free.

Please order from B&N with enough lead-time to prevent any loss or disappointment resulting from the delivery time, as B&N cannot be responsible for this. Delivery time for Items in stock is normally between 3 and 15 working days after the order is processed and depending on the location the customer requires the order to be shipped to. For Made to Order Items delivery times can vary between 2-4 weeks from order date. The timing needed for production of each item will depend on the designer’s capacities and will be indicated in the product description. If a customer has ordered several items from different designers at the same time, the products may be delivered at different times.

When the order is placed by the customer, B&N will confirm the availability and the exact timing of delivery of the Items by the email as described in the chapter “Orders”.

If the customer’s order cannot be delivered within the timeframe specified in the confirmation email, B&N will notify the customer and try to rectify the situation as quickly as is practically possible. B&N will do its best to avoid any delays, but since the majority of the factors which might cause the delay are beyond B&N’s control, no deduction claims or cancellation of the order by the customer will be accepted.

From the time they are given to the carrier, the Items are transported at the customer’s risk. In the event of damage during transport, the explanatory complaint must be made to the carrier within a period of three days from delivery.

In the event of late delivery, missing items or defects, the customer must immediately take action against the carrier within two days following the receipt, and inform B&N at contact@brave-and-naive.com.  The customer must check that the delivered items are in a satisfactory condition, and make any necessary reservations at the time of delivery, and in the presence of the carrier, without which no redress shall be possible.

TAX & DUTIES

B&N designers deliver worldwide. You can receive your order in any country of the world. In some countries and for orders exceeding certain amounts, customs or import duties can be charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Those customs policies and import duties vary widely from country to country. Unfortunately, B&N has no control over these charges, and cannot tell you what the cost would be. We advise you to contact your local customs office for current charges before you ordered or use the website http://dutycalculator.com for more information regarding importation taxes/duties that may be applicable to your online order.

RIGHT OF RETRACTION

In accordance with the provisions of article L121-20 of the Consumers Code, the purchaser has a right of retraction for 14 working days from the delivery of the items to make known by email, sent to the B&N website or on contact@brave-and-naive.com, that they are exercising their right of retraction, and that they are returning items to B&N in order to exchange them or to receive refund for them, on the condition that the items are returned in their original packaging and in perfect condition, with all their labels. Items which have been worn, or are perfumed, marked or damaged are not accepted. The return costs are payable exclusively by the purchaser. When items are returned they must be accompanied by a return note, that you will receive by e-mail upon request. The exchange (subject to availability) or the refund will be made within a time frame of maximum 14 days from the moment of reception by B&N of the returned items.

RETURN POLICIES

B&N wants to ensure the customer’s complete satisfaction. You may return your purchase within 14 days from receipt for a full refund. If the return falls outside of this period, or the item is worn, damaged or not in its original packaging, B&N cannot accept the returned items and cannot give a refund.Items returns can only be accepted if the original label/ hangtag (if applicable) has not been removed. Please keep the invoice until we’ll notify you via e-mail that we’ve received and processed the returned product(s). Return-shipping fees are at your charge.

GUARANTEE

The delivered Goods are covered by the legal guarantee against hidden flaws due to material defects.

B&N guarantee is limited to the replacement or refund of any items which are not in conformity, or subject to a hidden flaw as defined above.

The items sold on the Website comply with regulations in force in France. B&N’s liability cannot be incurred in the event of non-compliance with the legislation of the country to which the items are delivered, which it is the purchaser’s responsibility to check.

The photographs and illustrations accompanying the items on the Website have no contractual value and may not therefore incur B&N’s liability.

FORCE MAJEURE

B&N is released from its obligation of delivery in the event of an accidental case or force majeure of which it may be a victim, notably fire, flood, total or partial strike, or lock-out. In the abovementioned hypotheses the purchaser accepts any partial deliveries of items which are ready to be delivered.

LIABILITY

In the online sale process, B&N is bound only by an obligation regarding resources; its liability may not be incurred due to an instance of damage resulting from the use of the Internet network, such as loss of data, intrusion, virus, suspension of service…

INTELLECTUAL PROPERTY

All elements of B&N’s site are and remain exclusive intellectual property of B&N and its designers .

No party is authorised to reproduce, exploit, re-broadcast or use in any way whatever, even partially, elements of the site, whether software, visual or acoustic.

All links, whether simple or by hypertext, are rigorously prohibited without B&N’s express, written agreement.

The trade marks, logos, and service marks displayed on the Website are the registered and unregistered marks of B&N, its designers or its partners, in the EU and other countries, and are protected by the international trade mark laws.

PERSONAL DATA

B&N uses customers’ information only for the following purposes:

-                Maintaining the customer’s registration

-                Processing the customer’s order and sharing necessary information with the respective designer or courier company

-                For statistical purposes to improve this Website and its services to the customer

-                To serve website content to the customer

-                To administer this Website

-                If the customer consent, to notify them of products or special offers that may be of interest to them

-                If the customer consent, to send them information by post or email.

The processing of data communicated through the B&N website was declared to CNIL on_____, registered as number______.

In accordance with the national and European regulations in force, the purchaser has a permanent right of access and amendment in accordance with the law relative to computing, files and freedom of 6 January 1978, personal data concerning purchasers may be subjected to automated processing.

B&N can collect information about the customers including by using the cookies.

ARCHIVING PROOF

B&N shall archive the purchase orders and the invoices on a reliable and long-term medium constituting a true copy in accordance with the provisions of article 1348 of the Civil Code.

B&N’s computerised registers shall be considered by the parties as proof of communications, orders, payments and transactions made between the parties.

SETTLEMENT OF DISPUTES

The present online sales terms are subject to French law.

Any disputes relative to the interpretation or performance of the present document shall be the jurisdiction of Paris commercial court.