BtoC e-shop Terms of Sale
Updated: March 1st, 2019
Seller: JSB, a SAS with share capital of €1,000 having its registered office at 29 Rue des Petites Ecuries 75010 Paris, registered with the Registry of Trade and Companies of Paris under number 832 106 660, represented by Mr. Jérémy Schimmel-Bauer, Intra-Community VAT number: FR 638321006660
Email contact: firstname.lastname@example.org/ phone: 01 48 00 08 81 from Mondays to Fridays between 9 am and 5 pm
Section 1 – General
1. These BtoC Terms of Sale (the “ToS”) shall apply by operation of law to the contractual relations between the Seller and any customer who is a private individual placing an order in his or her personal capacity (the “Customer” or “you”) on the e-commerce website www.shimmel-paris.fr (the “Website”), to the exclusion of any other document.
2. The application of these ToS is expressly excluded (i) for purchases made by professional customers, as well as for (ii) purchases made at any of the Seller’s brick and mortar outlets.
3. By placing an order, you accept these ToS without any exception or reservation, such acceptance being materialized by ticking a box.
4. By placing an order, you agree to comply with these ToS and declare that the products ordered are not intended for your professional activity.
5. Failure to comply with these ToS may result in the suspension and/or cancellation of your customer account, the cancellation of any pending order, or the refusal of any new order.
6. You may view the most recent version of the ToS in effect on the Website at any time.
7. The Seller reserves the right to modify these ToS, it being understood that only the version of the ToS in effect on the date of validation of your order shall apply.
Section 2 – Setting up a customer account
1. You can set up a customer account on the Website in the “My Account” section.
2. To do so, you should choose a login and a password and indicate to the Seller your surname, first name, date of birth, address, phone number, and a valid email address to receive confirmation that your customer account has been set up.
3. You have sole responsibility for the use made of your login credentials and agree to keep them secret and not to disclose them. In case you forget them, follow the recovery process. In case of unauthorized use and/or the hijacking of your customer account, you should immediately inform the Seller by email.
Section 3 – Placing an order
1. You should select the product(s) you want to order and in respect of which you have either been informed of the characteristics (in particular name, price, composition, color, specificities) or provided with them on the Website and which you declare accepting.
2. Once you have made your selection, you should check the items in your shopping cart and validate your order.
3. Correctly complete the form with your personal identification information, i.e. your surname, first name, invoicing address, delivery address (if different), email address, and phone number.
4. Once you have duly completed the form, a summary of the order will pop up on the screen detailing all of the order information.
5. Once you have checked the summary of the order, you will be invited either to click on “Place my order” and proceed to pay for it or else on “Back to shopping cart” to modify your order and/or your personal contact information.
6. Before making payment, you will be asked to read and accept these ToS without any reservation by checking the “checkbox”.
7. Upon validating your order and proceeding to pay for the products and delivery costs you will be asked to choose your method of payment (PayPal or credit card). Payment of the order entails final validation of the sale by you and you can no longer cancel your order.
8. An order confirmation will be sent to you by email. It will include: the order number, a summary of the order, the total amount paid, including delivery costs. The order confirmation is also provided in the “My Account” section. The confirmation email will have an attachment containing the ToS in effect, and which you should keep.
9. The order will only be deemed firm and final once the Seller has sent the order confirmation. The Seller reserves the right to refuse any order in case of unavailability of the products or in case of an existing dispute with the Customer (involving, in particular, failure to comply with the ToS, or any payment incident).
Section 4 – Prices
1. The price of the products sold on the Website is expressed in Euros, including any taxes and may vary during the course of the year. The products are invoiced at the price in effect when the Customer validates his or her order.
2. Delivery costs are also indicated separately, before payment is made, and depend on the option chosen, the nature and the weight of the product ordered. They are invoiced in addition to the price of the products ordered, unless otherwise expressly indicated.
3. In addition, for all products delivered outside the European Union or the French DOM-TOMs, customs duties or other local taxes or import duties or State taxes may apply, and the Customer will be considered as the importer of the products. The Seller has no responsibility in respect of any such duties and taxes, which shall be borne by the Customer who is entirely responsible for them, both in terms of declarations and payments to the competent authorities/bodies of the country of import. The Seller advises Customers to contact the local authorities in the country of import to obtain information in this respect.
Section 5 –Payment
1. Payments are made in cash prior to delivery, par PayPal or by credit card, using a secure payment system.
2. You warrant to the Seller that you are in possession of any possible authorizations that may be required to use the payment method chosen upon validating your order.
3. Delivery shall take place after confirmation of authorization by the bank payment centers. In case authorization is refused, you will receive an email informing you of the cancellation of the order and the reason for such cancellation.
4. For any order of an amount in excess of €500, the Seller reserves the right to check the consistency of the information available to it, and to request a photocopy of your identity card, as well as proof of domicile. These measures are an effective way of countering any fraudulent use that may be made of your credit card.
Section 6 – Delivery – Availability
1. Availability. Product offers are valid for as long as posted on the Website, subject to availability. In case a product is unavailable following confirmation of your order, the Seller will let you know by email, and indicate the estimated lead times for the replenishment of the product, so as to permit you to cancel your order if you so choose. In such case, you will receive a refund within 10 days of the amount of the product ordered but not delivered. No other item in your order will be affected, and you hereby agree to accept partial deliveries.
2. Place of delivery. Orders placed on the Website can be shipped anywhere in the world. All orders will be delivered to the delivery address indicated by you. In case you provide a wrong or incomplete address, any associated costs shall be borne by you.
3. Delivery times. The latest delivery date is indicated in the order confirmation.
4. Customer’s duty of diligence. In case delivery by a shipper involves arranging a delivery appointment with you, the shipper will get in touch with you as soon as possible to arrange the delivery appointment. The Seller is not responsible for any late delivery that is due solely to your unavailability following several proposed delivery appointments made by the shipper. The cost of returning the product by the shipper or the cost of attempting a new delivery shall be borne by you. You are invited to regularly track your order and to contact customer service if you have any questions or in case of any problem.
5. Partial deliveries. When you order several products at the same time and they have different delivery times, the delivery time given for the order will be the date of delivery of the last product. However, the Seller reserves the right to split shipments. In such case you will only pay processing and shipping fees for one shipment.
6. Late delivery. If your delivery is late you should let the Seller know as soon as possible so that the Seller can inquire into the matter with the shipper. You may enjoin the Seller to make delivery within a reasonable timeframe by notice sent by registered mail with receipted delivery. If this second delivery time is not met, barring cases of force majeure, you may request the cancellation of your order and a full refund of any amounts already paid to the Seller, by a second notice sent to the Seller by registered mail with receipted delivery, and you will be entitled to receive a refund by bank transfer within 14 clear days following the Seller’s receipt of such notice. You acknowledge that your sole remedy is to obtain a refund of amounts already paid to the Seller and that you are not entitled to claim any compensation or damages whatsoever.
7. If you notice any anomalies upon delivery, you should note them down on the delivery slip, and sign it.
Section 7 – Retention of title
1. The Seller expressly retains full title to the products delivered, until payment in full of their price (principal and any interest that may be due). In case of payment default, the Seller may reclaim the products.
2. The foregoing provisions do not prevent the passage to you, upon receipt, of the risk of loss or deterioration of the products or for any harm caused by them.
Section 8 – Right of withdrawal – Return
1. You have the right to withdraw from the contract without giving any reason within 14 days of delivery of the products. If you decide to do so you must inform the Seller of your decision by completing the form available on the Website and/or included in the delivered parcel and sending it back to the Seller by postal mail to the address indicated in the header or by email to email@example.com
2. You must send back the products, at your own risk and expense, in their original packaging, unworn or unused, together with the corresponding delivery slip and/or invoice within 14 days of the date of notice of return sent to the Seller.
Product returns that do not comply with the foregoing will be refused by the Seller.
Considering the high value of some products, you are advised to take out insurance for the products being returned to the Seller, inasmuch as you are responsible for them until they reach the Seller. In case products are lost during shipment, it is up to you to exercise your remedies against the chosen shipper.
3. Within 14 days of receipt of products duly sent back to the Seller, you will be refunded for the price of the products and the standard delivery costs (but not for any additional costs arising out of your choice of a more costly delivery method), through the same payment method you used for the original transaction. Other than the cost of return shipping for the products, returns are free.
4. Products not covered by the right of withdrawal. No right of withdrawal applies for customized products or products made as to your specifications. A notice to this effect is expressly provided in the order summary.
Section 9 – Statutory warranties
1. The products are warranted against any possible non-conformities or latent defects under the conditions set forth in the French Consumer Code and the French Civil Code. The warranties are given to you personally and may not be transferred.
Statutory warranty of conformity (§L. 217-4 through §L. 217-14 of the French Consumer Code)
The professional seller is required to deliver goods that are in conformity with the contract. Otherwise, he is liable for any existing non-conformities, i.e. defects, upon delivery, and for any non-conformity arising from packaging, assembly or installation instructions when this falls to the seller according to the contract or was carried out under the seller’s responsibility.
Goods conform to the contract:
- If they are fit for the usual intended purpose of comparable goods and, where applicable: if they match the description given by the seller and possess the qualities the latter has presented in the form of a sample or model; if they display the qualities that a consumer can legitimately expect in view of the public representations made by the seller, the producer or his/her representative, particularly in advertising or labelling. Representations made by the latter two professionals are not binding on the seller when the seller was unaware of them and legitimately had no knowledge of them.
- If they display the characteristics defined by the parties or are fit for any special purpose required by the buyer, which has been brought to the attention of, and has been accepted by, the seller.
Any claims under this warranty must be made within a period of 2 years from the date of delivery of the goods, it being understood that any defect detected during this period shall be deemed to have existed on the date of purchase.
Consumers cannot exercise the warranty of conformity in the following three cases: when the consumer had knowledge of the defect at the time of contracting; when the consumer could not have been unaware of the defect at the time of contracting; and when the defect results from materials that were provided by the consumer
In case of non-conformity, the professional will offer the consumer the choice between having the goods repaired or replaced. The choice is up to the consumer, unless this entails disproportionate costs for the professional.
Consumers may obtain the rescission of the contract or a reduction in its price if a major defect is involved and where either the timeframe for the chosen solution is longer than 1 month from the date of the request or no solution is possible.
Warranty against latent defects (§1641 through §1649 of the French Civil Code):
The seller is under a warranty against latent defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it had he known of the defects. This statutory warranty covers all of the costs associated with latent defects. The professional is not liable for defects which are apparent and which the buyer could have ascertained himself, but is liable for latent defects, even if the seller had no knowledge of such defects, unless, in this case [of latent defects], the seller has disclaimed any warranty. The defect must pre-exist the sale and render the products unfit for their intended use. The buyer has the choice between returning the thing and obtaining a refund of the price or else keeping it and obtaining a refund of part of the price paid. Any claims under this warranty must be made within 2 years from the date the defect is discovered.
2. The Seller does not offer any additional commercial warranty.
3. Any complaint should be sent to the Seller by email to firstname.lastname@example.org. The email should indicate the purchase order number and give a detailed description of the problem with the product, and as appropriate include photographs.
4. The Seller will contact you to advise you of the procedure to be followed for any possible return. No product may be returned to the Seller without the Seller’s prior written authorization. Any product returned must be in its original packaging together with the invoice. Unless otherwise agreed with the Seller, the cost and risk of returning the product is borne by you. On receipt, the Seller will check the conformity of the product. If the Seller acknowledges a non-conformity, the Seller will offer you the choice between the replacement or repair of the product or a refund of your order.
5. No warranty applies in case products have been used, worn or unsealed.
Section 10 – Liability
1. It is expressly specified that this Website is intended for consumers and that the products sold are not designed for professional use. Accordingly, the Seller disclaims any and all liability for any indirect damages or financial loss due to the use or operation of the products ordered.
2. The Seller shall make its best efforts to provide detailed product data sheets and ensure that the products delivered correspond to the products viewed on the Website. However, you acknowledge that considering the way in which the products are presented on the Website, the perception you may have of the photographic representation of a product may not correspond exactly with the product itself. Also, considering that some products may be handmade and/or certain pieces unique, you acknowledge that differences may exist between the visuals on the Website and the actual products (such as in color, motif, size, etc.), which in no way constitute non-conformities on the basis of which Seller’s liability can be incurred and/or permit the sale to be rescinded.
3. While the products comply with French legislation, the Seller disclaims any and all liability in case of noncompliance with the legislation of the country where the products are delivered. It is your responsibility to check with the authorities of the country where the product is being imported whether the product complies with local requirements.
4. The Seller disclaims any and all liability in case of nonperformance of the contract due to force majeure, to fault on the part of the Customer, to any unforeseeable and unavoidable act by a third party to the contract or to the consequences arising out of improper use of the products.
Section 11 – Intellectual property
1. The Seller is the sole owner of all intellectual property rights in respect of the trademarks, copyrights, trade names, logos, visuals and descriptions of the products, and of the look and feel and all of the content on the Website (including editorial content, photographs, logos and trademarks), on a worldwide basis.
2. Any copying, redistribution, reproduction or marketing thereof, in whole or in part, by any means or processes, is strictly prohibited.
Section 12 – Personal data
Your personal data is collected by the Seller in compliance with the confidentiality policy.
Section 13 – Miscellaneous
1. In the event any of the provisions of these ToS were to be cancelled or held invalid, the remaining provisions shall remain in full force and effect and the severed provision shall be replaced with a valid provision.
2. These ToS, together with the order confirmation, constitutes the entire purchase and sale agreement between you and the Seller.
3. No failure to assert any breach of a provision of these ToS shall be deemed a waiver of the right to assert it in the future or as a waiver of any other right or remedy.
Section 14 – Governing law – Disputes – Handling of complaints – Mediation
1. These ToS have been drafted in the French language and are governed by and shall be construed in accordance with the laws of France.
2. In case of complaint, you should write to the Seller at the postal or email addresses indicated in the header of these ToS.
3. In accordance with §L.152-1 of the French Consumer Code, in case your complaint is rejected, you have the possibility, at no cost to you, of referring the matter to the consumer ombudsperson at the following address: Medicys 73, boulevard de Clichy 75009 Paris.
4. In case amicable resolution, including through mediation, fails, the French courts shall have sole jurisdiction, subject to any mandatory rules of law that may apply.