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GENERAL TERMS AND CONDITIONS |
These general conditions of sale (hereinafter the "General Conditions") apply to any purchase made by a natural person (hereinafter the "CUSTOMER" or “CLIENT”) on the website https://www.jac-france. fr (hereinafter the “SITE”) near JAC, SASU
registered in the Bourg en Bresse Trade and Companies Register under number 811 456 102, having its registered office at 1020 rue de L'Ange, 01100 Bellignat, France
Tel: 06 80 26 66 62,
Email : wduchene@jac-france.fr (hereinafter the “SELLER”).
Any order placed on the Site necessarily implies the CUSTOMER's unreserved acceptance of these general conditions.
ARTICLE 1. DEFINITIONS
The terms used below have, in these General Conditions, the following meaning:
- “CUSTOMER”: designates the co-contractor of the SELLER, who guarantees to have the quality of consumer as defined by French law and case law. As such, it is expressly provided that the CUSTOMER acts outside of any usual or commercial activity.
- “DELIVERY”: refers to the first presentation of the PRODUCTS ordered by the CUSTOMER to the delivery address indicated when ordering.
- “PRODUCTS”: designates all the products available on the SITE.
- “TERRITORY”: refers to Metropolitan FRANCE (excluding DOM/TOM).
ARTICLE 2. PURPOSE
These General Conditions govern the sale by the SELLER to its CUSTOMERS of the PRODUCTS.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
The CUSTOMER is clearly informed and acknowledges that the SITE is aimed at consumers and that professionals must contact the sales department of the SELLER in order to benefit from separate contractual conditions.
ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS
The CUSTOMER undertakes to carefully read these General Conditions and accept them, before proceeding to the payment of an order of PRODUCTS placed on the SITE.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the aforesaid order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
These General Conditions are referenced at the bottom of each page of the SITE by means of a link and must be consulted before placing the order. The CUSTOMER is invited to carefully read, download, print the General Conditions and keep a copy.
The SELLER advises the CUSTOMER to read the General Conditions for each new order, the latest version of the said Conditions applying to any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the aforesaid order, the CUSTOMER acknowledges having read, understood and accepted the General Conditions without limitation or condition.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE SIT
To be able to buy a PRODUCT, the CUSTOMER must be at least 18 years old and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at the address wduchene@jac-france.fr, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
The CUSTOMER will be asked to provide information allowing him to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER. The CUSTOMER can check the status of his order on the SITE. Tracking of DELIVERIES may, where appropriate, be carried out using the online tracking tools of certain carriers. The CUSTOMER may also contact the SELLER's sales department at any time by e-mail, at the address wduchene@jac-france.fr, in order to obtain information on the status of his order.
The information that the CUSTOMER provides to the SELLER when placing an order must be complete, accurate and up-to-date. The SELLER reserves the right to ask the CUSTOMER to confirm, by any appropriate means, his identity, his eligibility and the information communicated.
ARTICLE 5. ORDERS
Article 5.1 Characteristics of the products
The SELLER undertakes to present the essential characteristics of the PRODUCTS (on the information sheets available on the SITE) and the mandatory information that the CUSTOMER must receive under applicable law.
The CUSTOMER undertakes to read this information carefully before placing an order on the SITE.
Unless expressly indicated otherwise on the SITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation in force and the standards applicable in France.
Article 5.2. Order procedure
PRODUCT orders are placed directly on the SITE. To place an order, the CUSTOMER must follow the steps described below (please note, however, that depending on the CUSTOMER's start page, the steps may differ slightly).
5.2.1. Selection of PRODUCTS and purchase options
The CUSTOMER must select the PRODUCT(s) of his choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the PRODUCT has been selected, the PRODUCT is placed in the CUSTOMER's shopping cart. The latter can then add to his basket as many PRODUCTS as he wishes.
5.2.2. Orders
Once the PRODUCTS have been selected and placed in their cart, the CUSTOMER must click on the cart and check that the content of their order is correct. If the CUSTOMER has not yet done so, he will then be asked to identify himself or register.
Once the CUSTOMER has validated the contents of the cart and has identified/registered, an automatically completed online form will be displayed to them summarizing the price, applicable taxes and, where applicable, shipping costs.
The CUSTOMER is invited to check the content of his order (including the quantity, characteristics and references of the PRODUCTS ordered, the billing address, the means of payment and the price) before validating its content.
The CUSTOMER can then proceed to the payment of the PRODUCTS by following the instructions appearing on the SITE and provide all the information necessary for the invoicing and the DELIVERY of the PRODUCTS. Regarding the PRODUCTS for which options are available, these specific references appear when the correct options have been selected. Orders placed must include all the information necessary for the proper processing of the order.
The CUSTOMER must also select the chosen delivery method.
5.2.3. Acknowledgment of receip
Once all the steps described above are completed, a page appears on the SITE to acknowledge receipt of the CUSTOMER's order. A copy of the acknowledgment of receipt of the order is automatically sent to the CUSTOMER by e-mail, provided that the e-mail address communicated through the registration form is correct.The SELLER does not send any order confirmation by post or fax.
5.2.4. Billing
During the ordering process, the CUSTOMER must enter the information necessary for invoicing (the sign (*) will indicate the mandatory fields that must be completed for the CUSTOMER's order to be processed by the SELLER).
The CUSTOMER must in particular clearly indicate all the information relating to the DELIVERY, in particular the exact address of DELIVERY, as well as any possible access code to the address of DELIVERY.
The CUSTOMER must also specify the form of payment chosen. Neither the order form that the CUSTOMER establishes online, nor the acknowledgment of receipt of the order that the SELLER sends to the CUSTOMER by email constitutes an invoice. Regardless of the order or payment method used, the CUSTOMER will receive the original invoice upon DELIVERY of the PRODUCTS, inside the package.
5.3. Date of the order
The date of the order is the date on which the SELLER acknowledges receipt of the order online. The deadlines indicated on the SITE only begin to run from this date.
5.4. Price
For all PRODUCTS, the CUSTOMER will find on the SITE prices displayed in euros including all taxes, as well as the applicable delivery costs (depending on the weight of the package, excluding packaging and gifts, the DELIVERY address and the carrier or chosen mode of transport).
Prices include in particular value added tax (VAT) at the rate in effect on the date of order. Any modification of the applicable rate may impact the price of the PRODUCTS from the date of entry into force of the new rate.
The applicable VAT rate is expressed as a percentage of the value of the PRODUCT sold. The prices of the SELLER's suppliers are subject to change. Consequently, the prices indicated on the SITE may change. They can also be modified in the event of special offers or sales.
The prices indicated are valid, except gross miscalculation. The applicable price is that indicated on the SITE on the date on which the order is placed by the CUSTOMER.
5.5. Availability of PRODUCTS
The professional undertakes to deliver the PRODUCT on the date or within the period indicated to the CUSTOMER, unless the parties have agreed otherwise.
The unavailability of a PRODUCT is in principle indicated on the page of the PRODUCT concerned. CUSTOMERS may also be informed of the restocking of a PRODUCT by the SELLER.
In any case, if the unavailability was not indicated at the time of the order, the SELLER undertakes to inform the CUSTOMER without delay if the PRODUCT is unavailable. Assuming that a PRODUCT is unavailable, the SELLER may, and if the parties agree, offer an alternative PRODUCT of equivalent quality and price, accepted by the CUSTOMER.
If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, he will obtain a refund of all sums paid for the unavailable PRODUCTS within thirty (30) days of payment at the latest.
ARTICLE 6. RIGHT OF WITHDRAWAL
The terms of the right of withdrawal are provided for in the “withdrawal policy”, policy available in Appendix 1 here of and accessible at the bottom of each page of the SITE via a hypertext link.
ARTICLE 7. PAYMENT
7.1. Means of payment
The CUSTOMER can pay for his PRODUCTS online on the SITE using the means offered by the SELLER.
The CUSTOMER guarantees the SELLER that he has all the authorizations required to use the chosen means of payment.
The SELLER will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is specified in this respect that all payment information provided on the SITE is transmitted to the SITE's bank and is not processed on the SITE.
7.2. Payment date
In the event of a single payment by credit card, the CLIENT's account will be debited as soon as the order for PRODUCTS is placed on the SITE.
In the event of partial DELIVERY, the total amount will be debited from the CLIENT's account at the earliest when the first package is dispatched. If the CUSTOMER decides to cancel his order for unavailable PRODUCTS, the refund will be made in accordance with the last paragraph of article 5.5 of these General Conditions.
7.3. Late or refused payment
If the bank refuses to debit a card or other means of payment, the CUSTOMER must contact the Customer Service of the SELLER so as to pay for the order by any other valid means of payment.In the event that, for any reason whatsoever, opposition, refusal or other, the transmission of the flow of money due by the CUSTOMER proves impossible, the order will be canceled and the sale automatically terminated.
ARTICLE 8. PROOF AND ARCHIVING
Any contract entered into with the CUSTOMER corresponding to an order for an amount greater than 120 euros including tax will be archived by the SELLER for a period of ten (10) years in accordance with Article L. 213-1 of the Consumer Code.
The SELLER agrees to archive this information in order to monitor transactions and produce a copy of the contract at the CUSTOMER's request.
In the event of a dispute, the SELLER will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
ARTICLE 9. TRANSFER OF OWNERSHIP
The SELLER remains the owner of the PRODUCTS delivered until full payment by the CLIENT.
The above provisions do not preclude the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation of property, as well as the risk of damage that they may cause.
The above provisions do not preclude the transfer to the CLIENT, at the time of receipt by him, or by a third party designated by him other than the carrier, of the risks of loss or damage to the PRODUCTS subject to the reservation of property, as well as the risk of damage that they may cause.
ARTICLE 10. DELIVERY
The terms of DELIVERY of the PRODUCTS are provided for in the "delivery policy" referred to in Appendix 2 hereof and accessible at the bottom of each page of the SITE via a hypertext link.
ARTICLE 11. PACKAGING
The PRODUCTS will be packaged in accordance with the transport standards in force, in order to guarantee maximum protection for the PRODUCTS during DELIVERY. CUSTOMERS undertake to respect the same standards when returning PRODUCTS under the conditions set out in Appendix 1 – Withdrawal Policy.
ARTICLE 12. GUARANTEES
Apart from the commercial guarantees that the SELLER could offer for certain PRODUCTS, all Customers benefit from "legal" guarantees, for all the PRODUCTS, which are detailed below, in accordance with article L.111-1 of the Code of the consumption
Article 12.1. Compliance Guarantee
Article L. 217-4 of the Consumer Code : "The seller delivers 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”.
Article L.217-5 of the Consumer Code : "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it has 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 labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted”.
The SELLER is likely to be liable for defects in conformity existing at the time of delivery and defects in conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code)
Article L.217-5 of the Consumer Code : "The good complies with the contract: 1° If it is suitable for the use usually expected of a similar good and, where applicable: - if it corresponds to the description given by the seller and possesses the qualities that the latter presented to the buyer in the form of a sample or model; - if it has 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 labeling; 2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted”.
The SELLER is likely to be liable for defects in conformity existing at the time of delivery and defects in conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him or has been carried out under his responsibility.
The action resulting from the lack of conformity is prescribed by two (2) years from the delivery of the PRODUCT (Article L.217-12 of the Consumer Code)
In the event of a lack of conformity, the CUSTOMER may request the replacement or repair of the PRODUCT, at its option. However, if the cost of the CUSTOMER's choice is manifestly disproportionate to the other possible option, given the value of the PRODUCT or the importance of the defect, the SELLER may proceed with a refund, without following the option chosen. by the customer.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CUSTOMER to the following address 1020 rue de L'Ange, 01100 Bellignat.
Finally, the CLIENT is exempted from providing proof of the existence of the lack of conformity of the PRODUCT during the twenty-four (24) months following the delivery of the PRODUCT except for second-hand goods for which this period is set at six ( 6 months. (Article L. 217-7 of the Consumer Code).
It is specified that this legal guarantee of conformity applies independently of the commercial guarantee granted, where applicable, on the PRODUCTS.
Article 12.2. Warranty against hidden defects
The SELLER is bound by the warranty for hidden defects in the PRODUCT sold which render it unsuitable for the use for which it is intended, or which so diminish this use that the CUSTOMER would not have acquired it, or would not have given it than a lesser price, if he had known them. (Article 1641 of the Civil Code)
This guarantee allows the CUSTOMER who can prove the existence of a hidden defect to choose between reimbursement of the price of the PRODUCT if it is returned and reimbursement of part of its price, if the PRODUCT is not returned.
In the event that replacement or repair is impossible, the SELLER undertakes to refund the price of the PRODUCT within thirty (30) days of receipt of the returned PRODUCT and in exchange for the return of the PRODUCT by the CLIENT to the following address 1020 rue de L'Ange, 01100 Bellignat. The action resulting from redhibitory defects must be brought by the CLIENT within two (2) years from the discovery of the defect. (Paragraph 1 of article 1648 of the Civil Code)
ARTICLE 13. RESPONSIBILITY
The responsibility of the SELLER can in no case be engaged in the event of non-performance or poor performance of the contractual obligations attributable to the CUSTOMER, in particular when entering his order.
The SELLER cannot be held responsible, or considered to have failed hereunder, for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by case law of French courts and tribunals.
It is also specified that the SELLER does not control the websites that are directly or indirectly linked to the SITE. Consequently, it excludes all liability for the information published therein. Links to third-party websites are provided for informational purposes only and no guarantee is given as to their content.
The responsibility of the SELLER cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
ARTICLE 14. FORCE MAJEURE
The responsibility of the SELLER cannot be implemented if the non-execution or the delay in the execution of one of its obligations described in these GCS results from a case of force majeure.
There is force majeure in contractual matters when an event beyond the control of the debtor, which could not reasonably have been foreseen at the time of the conclusion of the contract and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation. by the debtor.
If the impediment is temporary, performance of the obligation is suspended unless the resulting delay justifies termination of the contract. If the impediment is final, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.
As such, the responsibility of the SELLER cannot be engaged in particular in the event of an attack by computer hackers, unavailability of materials, supplies, spare parts, personal or other equipment, interruption of electronic communications networks, as well as in the event of the occurrence of any circumstance or event beyond the control of the SELLER occurring after the conclusion of the GCS and preventing the execution under normal conditions.
It is specified that, in such a situation, the CUSTOMER cannot claim the payment of any compensation and cannot bring any action against the SELLER. In the event of the occurrence of one of the aforementioned events, the SELLER will endeavor to inform the CLIENT as soon as possible.
{* The SELLER collects personal data about its Customers on the SITE, including through cookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has chosen this option, send him commercial prospecting letters, newsletters, offers promotional and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER in accordance with its declaration made to the CNIL, for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have given their prior consent when registering on the SITE.
The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time on the SITE or by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners.
In accordance with law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the CLIENT benefits from a right of access, rectification, opposition (for legitimate reasons) and deletion of his personal data. He can exercise this right by sending an e-mail to the address: wduchene@jac-france.fr or by sending a letter to 1020 rue de L'Ange, 01100 Bellignat.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document. *}
ARTICLE 15. PERSONAL DATA
The SELLER collects personal data about its CUSTOMERS on the SITE, including throughcookies. CUSTOMERS can disable cookies by following the instructions provided by their browser.
The data collected by the SELLER is used to process orders placed on the SITE, manage the CLIENT's account, analyze orders and, if the CLIENT has expressly chosen this option, send him commercial prospecting letters, newsletters, promotional offers and/or information on special sales, unless the CUSTOMER no longer wishes to receive such communications from the SELLER.
The CLIENT's data is kept confidential by the SELLER for the purposes of the contract, its execution and in compliance with the law. CUSTOMERS can unsubscribe at any time by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email. The data may be communicated, in whole or in part, to the SELLER's service providers involved in the ordering process. For commercial purposes, the SELLER may transfer the names and contact details of its CUSTOMERS to its business partners, provided that they have expressly given their prior consent when registering on the SITE. The SELLER will specifically ask CUSTOMERS if they wish their personal data to be disclosed. CUSTOMERS may change their minds at any time by contacting the SELLER.
The SELLER may also ask its CUSTOMERS if they wish to receive commercial solicitations from its partners. In accordance with the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons at with regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation known as GDPR), the SELLER ensures the implementation of the rights of persons concerned.
It is recalled that the CUSTOMER whose personal data is processed benefits from the rights of access, rectification, updating, portability and deletion of the information which concerns him, in accordance with the provisions of Articles 39 and 40 of the amended Data Protection Act, and the provisions of Articles 15, 16 and 17 of the General European Regulation on the Protection of Persons (GDPR).
In accordance with the provisions of article 38 of the amended Data Protection Act and the provisions of article 21 of the GDPR, the CUSTOMER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and without costs.
The CUSTOMER may exercise these rights by sending an e-mail to the address: wduchene@jac-france.fr or by sending a letter to 1020 rue de L'Ange, 01100 Bellignat.
It is specified that the CUSTOMER must be able to prove his identity, either by scanning an identity document, or by sending the SELLER a photocopy of his identity document.
ARTICLE 16. COMPLAINTS
The SELLER provides the CUSTOMER with a "Customer Phone Service" at the following number :+33 06 80 26 66 62 (non-surcharged number). Any written complaint from the CLIENT must be sent to the following address: 1020 rue de L'Ange, 01100 Bellignat.
ARTICLE 17. INTELLECTUAL PROPERTY
All the visual and sound elements of the SITE, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the SELLER. Anyone who publishes a website and wishes to create a direct hypertext link to the SITE must request the SELLER's authorization in writing.
This authorization from the SELLER will in no case be granted definitively. This link must be removed at the request of the SELLER. Hypertext links to the SITE that use techniques such as framing or insertion by hypertext links (in-line linking) are strictly prohibited. Any representation or reproduction, total or partial, of the SITE and its content, by any process whatsoever, without the express prior authorization of the SELLER, is prohibited and will constitute an infringement punishable by articles L.335-2 and following articles L.713-1 and following of the Intellectual Property Code.
Acceptance of these T&Cs implies recognition by the CLIENT of the SELLER's intellectual property rights and a commitment to respect them.
ARTICLE 18. VALIDITY OF THE GENERAL CONDITIONS
Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these General Conditions cannot affect the validity of these General Conditions. Such a modification or decision does not in any way authorize CUSTOMERS to disregard these General Conditions.
All conditions not expressly dealt with herein will be governed in accordance with the practice of the retail sector for individuals, for companies whose head office is located in France.
Article 19. MODIFICATION OF THE GENERAL CONDITIONS
These General Conditions apply to all purchases made online on the SITE, as long as the SITE is available online.
The General Conditions are dated precisely and may be modified and updated by the SELLER at any time. The applicable General Conditions are those in force at the time of the order.
Changes to the General Conditions will not apply to PRODUCTS already purchased.
Article 20. JURISDICTION AND APPLICABLE LAW
THESE GENERAL TERMS AND CONDITIONS AS WELL AS THE RELATIONS BETWEEN THE CUSTOMER AND THE SELLER ARE GOVERNED BY FRENCH LAW IN CASE OF DISPUTE, ONLY THE FRENCH COURTS WILL HAVE COMPETENT JURISDICTION.
However, prior to any appeal to the arbitration or state judge, the Customer is invited to contact the SELLER's complaints department.
If no agreement is reached or if the CUSTOMER justifies having tried, beforehand, to resolve his dispute directly with the SELLER by a written complaint, an optional mediation procedure will then be proposed, conducted in a spirit of loyalty and good faith in order to reach an amicable agreement when any dispute arises relating to this contract, including its validity.
To initiate this mediation, the CLIENT can contact the SELLER's mediator: DUCHENE William, whose contact details are: wduchene@jac-france.fr and who can be contacted via this link:
http://www.jac-france.fr/ en/contact-us. The party wishing to implement the mediation process must first inform the other party by registered letter with acknowledgment of receipt, indicating the elements of the conflict. Mediation is not mandatory, the CUSTOMER or SELLER may withdraw from the process at any time.
IN THE EVENT THAT MEDIATION FAILS OR IS NOT ENVISAGED, THE DISPUTE WHICH MAY GIVE RISE TO MEDIATION WILL BE ENTRUSTED TO THE COMPETENT JURISDICTION NAMED ABOVE.
ANNEXE 1
WITCHDRAWAL POLITCY Principle of withdrawal
The CUSTOMER has as a matter of principle the right to withdraw by returning the
PRODUCT to the SELLER. For this, the PRODUCT must be returned without undue delay, and at the latest within fourteen (14) days following the communication of its decision to withdraw, unless the SELLER offers to recover the PRODUCT itself.
Withdrawal period
In accordance with article L.221-18 of the Consumer Code, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the PRODUCT.
In the event that the CUSTOMER has ordered several PRODUCTS via a single order giving rise to several DELIVERIES (or in the case of an order for a single PRODUCT delivered in several batches), the withdrawal period will expire fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT delivered.
If the CLIENT's order relates to several PRODUCTS and if these PRODUCTS are delivered separately, the withdrawal period expires fourteen (14) days after the day on which the CLIENT, or a third party other than the carrier and designated by the CLIENT, takes physical possession of the last PRODUCT.
Notification of the right of withdrawal
o exercise his right of withdrawal and in accordance with article L.221-21 of the Consumer Code, the CUSTOMER must notify his decision to withdraw by means of an unambiguous declaration (for example, letter sent by the post, fax or e-mail) to: 1020 rue de L'Ange, 01100 Bellignat or wduchene@jac-france.fr.
He can also use the form below:
WITHDRAWAL FORM
To the attention of : JAC
SELLER's telephone number : 06 80 26 66 62
E-mail address of the SELLER* : wduchene@jac-france.fr
E-mail address of the SELLER* : wduchene@jac-france.fr
I hereby notify you of my withdrawal from the contract relating to the sale of the PRODUCT below:
PRODUCT reference
Invoice number:
Purchase order number:
- Ordered on [________________]/received on [________________]
- Means of payment used:
- Name of the CLIENT and, if applicable, the beneficiary of the order:
- CUSTOMER address:
- Delivery address :
- Signature of the CUSTOMER (except in the case of transmission by email)
- Date
In order for the withdrawal period to be respected, the CUSTOMER must send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
Effects of withdrawal
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT. (Article L .221-24 of the Consumer Code). The SELLER will proceed with the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs to the customer. The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
In the event of withdrawal by the CUSTOMER, the SELLER undertakes to reimburse all the sums paid, including delivery costs (with the exception of additional costs arising, where applicable, from the CUSTOMER's choice of a delivery method other than the standard delivery method offered by the SELLER) without undue delay and, in any event, no later than fourteen (14) days from the day on which the SELLER receives the returned PRODUCT. (Article L .221-24 of the Consumer Code). The SELLER will proceed with the refund using the same means of payment as the CUSTOMER used for the initial transaction, unless the CUSTOMER expressly agrees to a different means, in any case, this refund will not incur any costs to the customer. The SELLER is not required to reimburse the additional costs if the CUSTOMER has expressly chosen a more expensive delivery method than the standard delivery method offered by the SELLER.
The SELLER may defer reimbursement until receipt of the goods or until the CLIENT has provided proof of shipment of the goods, the date chosen being that of the first of these facts.
Return terms
The CUSTOMER shall, without undue delay and, in any event, no later than fourteen (14) days after communication of its decision to withdraw from this contract, return the goods to: 1020 rue de L'Ange, 01100 Bellignat.
This deadline is deemed to have been respected if the CUSTOMER returns the goods before the expiry of the fourteen (14) day period.
Return fees
The CUSTOMER must bear the direct costs of returning the goods. In the event that the weight of the PRODUCT prevents the CUSTOMER from returning this PRODUCT by post, the CUSTOMER must bear the direct costs of returning the goods.
Condition of the returned item
The PRODUCT must be returned following the instructions of the SELLER and include in particular all the accessories delivered.
The CUSTOMER's liability is only engaged with regard to the depreciation of the property resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this PRODUCT. In other words, the CUSTOMER has the possibility of testing the PRODUCT but his responsibility may be engaged if he carries out manipulations other than those which are necessary.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following cases:
- Supply of goods or services whose price depends on fluctuations in the financial market
- Supply of goods made according to the CUSTOMER's specifications or clearly personalized: the products being cut and assembled on request, no product return is possible.
- Supply of goods likely to deteriorate or expire rapidly
- Supply of sealed audio or video recordings or software that have been unsealed after delivery
- Newspaper, periodical, magazine (except subscription contract)
- Provision of accommodation services other than for residential purposes, transport of goods, car rental, catering or services related to leisure activities if the offer provides for a specific date or period of performance
- Supply of goods which by their nature are inseparably mixed with other items
- Supplies of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the CLIENT after DELIVERY
- the supply of alcoholic beverages whose price was agreed at the time of the conclusion of the sales contract, whose delivery can only be made after 30 days and whose real value depends on fluctuations in the market beyond the control of the SELLER
- Supply of digital content not provided dematerialized if the execution has begun with the prior express agreement of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
- contracts entered into at a public auction
ANNEX 2
DELIVERY POLICY
Delivery zone
The suggested PRODUCTS can only be delivered within the TERRITORY.
It is impossible to place an order for any delivery address located outside this TERRITORY.
The PRODUCTS are shipped to the delivery address(es) that the CUSTOMER has indicated during the ordering process.
Delivery time
The deadlines for preparing an order and then establishing the invoice, before dispatch of the PRODUCTS in stock are mentioned on the SITE. These deadlines do not include weekends or public holidays.
An electronic message will be automatically sent to the CLIENT when the PRODUCTS are dispatched, provided that the electronic address appearing in the registration form is correct.
Delivery times & costs During the ordering process, the SELLER indicates to the CUSTOMER the possible delivery times and formulas for the PRODUCTS purchased.
Shipping costs are calculated based on the delivery method. The amount of these costs will be payable by the CLIENT in addition to the price of the PRODUCTS purchased.
Details of delivery times and costs are detailed on the SITE.
In the absence of any indication or agreement as to the delivery date, the SELLER shall deliver the PRODUCT without undue delay and no later than thirty (30) days after the conclusion of the contract. (Article L.216-1 of the Consumer Code).
DELIVERY terms
The package will be delivered to the CUSTOMER against signature and upon presentation of an identity document.
In case of absence, a transit advice note will be left to the CUSTOMER, in order to allow him to pick up his parcel in his post office
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DELIVERY problems
DELIVERY problems
The CUSTOMER is informed of the delivery date set when he chooses the carrier, at the end of the online ordering procedure, before confirming the order. It is specified that deliveries will be made within thirty (30) days maximum. Otherwise, the CUSTOMER must give formal notice to the SELLER to deliver within a reasonable time and in the event of non-delivery within this time, he may terminate the contract.
The SELLER will reimburse, without undue delay from receipt of the letter of termination, to the CLIENT the total amount paid for the PRODUCTS, taxes and delivery costs included, by means of the same payment method used by the CLIENT to purchase products.
The SELLER is responsible until delivery of the PRODUCT to the CLIENT. It is recalled that the CUSTOMER has a period of three (3) days to notify the carrier of any damage or partial loss noted during delivery.