These General Conditions of Sale are current as of June 22, 2020
- These General Terms and Conditions of Sale (or '' GTC '') are offered by the company JUILLET JUILLET ( '' The Company ''), SAS with a capital of 5,000 euros, registered with the RCS NANTERRE under the number 881 048 235, represented by Mrs. Alix Mazé, whose registered office is at 31 boulevard Victor Hugo, 92200 Neuilly-sur-Seine
VAT Number FR59881048235.
The company is the owner and publisher of the website www.juilletjuillet.com (‘’ the Site ‘’). The Site is hosted by SHOPIFY INC, a Canadian company registered on the TSX and NYSE No. 426160-7, 150 rue Elgin, Suite 800, Ottawa, Ontario K2P 1L4 Canada, reachable at 1-613-241-2828.
- The publication director is Miss Alix Mazé
- The Site offers the Customer (hereinafter “the Customer”) the possibility of purchasing UV protection swimwear and UV protection clothing (the “Products ‘’)
- Before any use of the Site, the Customer must ensure that he has the technical and IT resources enabling him to use the Site and order the Products on the Site, and that his browser allows secure access to the Site. The Customer must also ensure that the computer configuration of his material / equipment is in good condition and does not contain any viruses
- SCOPE OF GCVS AND OPPOSABILITY
- The purpose of these GTCS is to define all the conditions under which the Company markets the Products as offered for sale on the Site to Customers. They therefore apply to any Order (‘’ Order ‘’) of Products placed on the Site by the Customer
- The Customer declares to have read and accepted these GTC before placing their Order.
- The validation of the Order therefore implies acceptance of these GTC. These are regularly updated, the applicable GTC are those in force on the Site on the date of placing the Order.
- Any contrary condition posed by the Customer would therefore be, in the absence of express acceptance, unenforceable against The Company regardless of when it may have been brought to its attention.
- The fact that the Company does not avail itself at any given time of any provision of these GTC, cannot be interpreted as being a waiver of the right to avail itself of any provision of these GTC.
- ORDERING PRODUCTS ON THE SITE
The Company reserves the right to correct the content of the Site at any time
- The Products offered for sale are described and presented with the greatest possible accuracy. However, a minimal variation in the color of the Product (s) does not engage the responsibility of The Company and does not affect the validity of the sale.
- The Customer selects the Product (s) he wishes to buy, and can access the summary of his Order at any time.
- The summary of the Order presents the list of Product (s) that the Customer has selected, and includes any additional costs such as the delivery price added to the price of the Product (s) of the Order. The Customer has the possibility of modifying his Order and correcting any errors before accepting his Order.
- After accessing the summary of his Order, the Customer confirms the acceptance of his Order by checking the validation box of the GTC, then by clicking on the validation icon of the Order. The mention ‘’ Order with obligation to pay ou ’or an unambiguous similar formula appears next to the validation icon of the Order in order to ensure that the Customer explicitly acknowledges his obligation to pay for the Order.
- After acceptance of the GTCS and validation of the Order with payment obligation, the contract is validly concluded between the Company and the Customer and binds them irrevocably.
- After the validation of his Order and in order to be able to make the payment, the Customer enters the contact details at which he wishes to obtain delivery of the Product (s) ordered, and invoicing if they are different. The delivery process for the Product (s) ordered is described in ARTICLE 5 of these GTC.
- The Company then sends him an Order confirmation by email, containing the elements of the summary of his Order and the delivery addresses and, where applicable, invoicing addresses.
- After having validated their delivery and billing details, the Customer shall pay for their Order according to the methods specified below.
- PRODUCT PRICES AND PAYMENT
- The prices are mentioned on the Site in the descriptions of the Products, in euros and all taxes included.
- The total amount is indicated in the summary of the Order, before the Customer accepts these GTC, validates his Order, informs and validates his delivery and billing details and if necessary invoices and proceeds to payment. This total amount is indicated in all taxes included.
- The Order of products on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by bank card, except special conditions of sale expressly accepted by the Customer and the Company.
- If paying by credit card, the Site uses STRIPE, securing system provider specializing in online payment security. This system guarantees the Customer the total confidentiality of banking information. The bank credit card transaction conducted between the Customer and the secure system is fully encrypted and protected. The bank details of the Customer are not stored by computer by the Company.
- The Customer warrants that the Company has the necessary permissions to use the payment method when placing the order.
- The Company reserves the right to suspend or cancel any execution and / or delivery of an Order, whatever its nature and level of execution, in the event of default or partial payment of any sum which may be due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order
The invoice for each order is attached to the shipping confirmation email.
- DELIVERY AND WITHDRAWAL
- The Product (s) available (s) on the Site may be delivered (s) for France and internationally.
- The shipping fees are listed on the site. They differ depending on the delivery method chosen by the Customer. The Customer is informed of the amount of these charges prior to confirming the order.
- The Company is committed to deliver the Product (s) within a period not exceeding 2 to 7 days in France from the date of order
- The Customer is informed by email when their order is ready for shipping. The Product (s) (s) ordered (s) is (are) delivered (s) to the delivery address indicated by the Customer at its control under the conditions specified in Section 3.8 of these Terms.
- The Customer must ensure that the information communicated referred to in article 3.8 of these GTC is correct, and that it remains so until complete delivery of the product (s) ordered. The Customer therefore undertakes to inform the Company of any changes to billing and / or delivery that may occur between the Order and delivery, sending without delay an email to the email customer service. Otherwise, in case of delay and / or error of delivery, the Customer shall in no case engage the responsibility of the Company in the event of non-delivery, and Customer Service Corporation will contact the Customer for a second delivery at the expense of the Customer.
- The Company will also not be liable if the non-receipt of Products is due to the action of a third party outside of its intervention or in the event of theft.
- In case of return of the Order due to the absence of the Customer, the Customer Service of the Company will contact the Customer for a second delivery at the expense of the Customer.
- Customers may track the delivery of his order by contacting Customer Service in accordance with Article 8 of these Terms.
- CUSTOMS AND TAXES
- For orders outside mainland France, the Customer is the importer of the Product(S). It is to take the necessary information from the relevant local authorities and ensure scrupulously respect the specific formalities for the import of these Products on the territory of the country of destination. Any customs fees or local taxes are the sole responsibility of the Customer.
- CUSTOMER SERVICE
- To request information, clarifications or for any claim, the Customer must contact the Customer Service The Company email@example.com to enable the latter to try to find a solution to the problem.
- LEGAL AND COMMERCIAL GUARANTEES
All Products offered by the Company are subject to the legal guarantee of conformity provided for by law, and in particular articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and to the guarantee against hidden defects provided for in articles 1641 and 1648, first paragraph, of the Civil Code:
Article L.217-4 of Consumer Code: ‘’ Le vendeur livre un bien conforme au contrat et répond des défauts de conformité existant lors de la délivrance.
Il répond également des défauts de conformité résultant de l'emballage, des instructions de montage ou de l'installation lorsque celle-ci a été mise à sa charge par le contrat ou a été réalisée sous sa responsabilité ‘’.
Article L.217-5 of Consumer Code: ‘’ Le bien est conforme au contrat :
1° S’il est propre à l'usage habituellement attendu d'un bien semblable et, le cas échéant :
- s’il correspond à la description donnée par le vendeur et possède les qualités que celui-ci a présentées à l'acheteur sous forme d'échantillon ou de modèle ;
- s’il présente les qualités qu'un acheteur peut légitimement attendre eu égard aux déclarations publiques faites par le vendeur, par le producteur ou par son représentant, notamment dans la publicité ou l'étiquetage ;
2° Ou s’il présente les caractéristiques définies d'un commun accord par les parties ou être propre à tout usage spécial recherché par l'acheteur, porté à la connaissance du vendeur et que ce dernier a accepté ‘’.
Article L.217-12 of Consumer Code: ‘’L'action résultant du défaut de conformité se prescrit par deux ans à compter de la délivrance du bien.’’
Article 1641 of civil Code : ‘’Le vendeur est tenu de la garantie à raison des défauts cachés de la chose vendue qui la rendent impropre à l'usage auquel on la destine, ou qui diminuent tellement cet usage que l'acheteur ne l'aurait pas acquise, ou n'en aurait donné qu'un moindre prix, s'il les avait connus.’’
Article 1648 of civil Code, premier alinéa : ‘’L'action résultant des vices rédhibitoires doit être intentée par l'acquéreur dans un délai de deux ans à compter de la découverte du vice.’’
If a Customer believes to have received proceeds he considers defective or non-compliant, he should contact the Company as soon as possible after the receipt of the Order, at following email: contact@juilletjuillet. com, or by registered mail with return receipt to the following address: Place Albert Leemans 14, 1050 Ixelles. specifying the defect or non-compliance concerned.
It is the Customer to provide any justification for the appointment of visible defects and / or anomalies noted. Customer will leave the Company every opportunity to make the observation of these defects or non-conformities and to remedy if necessary. He will refrain from intervening himself or to involve a third party for this purpose.
If defects and / or anomalies are confirmed by the Company, it then send the Customer's instructions on how to proceed after learning of the thus formulated complaint and, if necessary, proceed to the replacement of the Product which the Company would have been led to note the lack of conformity or defect.
If a replacement Product is not possible, the Company will be required to reimburse the Customer within fourteen days of receipt of the product. Reimbursement will be made on a proposal from the Company by credit to the account of the Customer.
- CUSTOMER'S OBLIGATIONS
- The Customer undertakes to respect the terms of these Terms.
- The Customer undertakes to use the Website as comply with the instructions of the Company.
- The Customer agrees that he uses the Site only for his personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain:
- To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these GTC.
- To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the content appearing on the Site or to decompile, reverse engineer, disassemble, modify, display in form readable by the Customer, attempt to discover any source code or use any software activating or including all or part of the Site.
- To try to obtain unauthorized access to the computer system of the Site or engage in any disruptive activity, decreasing the quality or interfering with performance or impairing the functionality of the Site.
- To use the Site for abusive purposes by voluntarily introducing viruses or any other malicious program into it and to attempt to gain unauthorized access to the Site.
- To infringe the intellectual property rights of the Company and / or to resell or attempt to resell the Products to third parties.
- To disparage the Site and / or the Products as well as the Company on social networks and any other means of communication.
- If, for any reason, the Company considers that the Customer does not comply with these GTCS, the Company may at any time, and at its sole discretion, terminate its access to the Site and take all measures including any civil and criminal legal action to against him.
- RIGHT OF WITHDRAWAL / RETURN
- In accordance with articles L.221-18 and following of the Consumer Code, the Customer has a period of 14 days from receipt of the last Product ordered on the Site to exercise his right of withdrawal from the Company, without have to justify reasons or pay a penalty.
- To exercise their right of withdrawal of the Order, the Customer must notify their decision to withdraw by means of an unambiguous declaration, without justifying reasons. Customer may communicate his decision to withdraw to the Company by any means, including by sending it by mail to the Company at the following address: Place Albert Leemans 14, 1050 IXELLES, BELGIUM or by email at contact@juilletjuillet. com.
- In case of notice to the Company by the Customer of his decision to withdraw, whatever the means employed, the Company will send without delay a receipt of a withdrawal on a durable medium (eg by email)
- The Customer must return the Product (s) in the same state in which he received it(s), and with all packaging components, accessories and notes (even if the Product (s) has or have been unwrapped), as soon as possible and at the latest within 14 days of notification of the decision to withdraw from this contract, at the following address:Place Albert Leemans 14, 1050 IXELLES, BELGIUM. According to the law, the Customer shall bear the cost of return of the Product (s).
- In the event of withdrawal by the Customer the reimbursement of the Product only is made by the Company by the same means of payment used for the initial transaction, unless the Customer expressly agrees in a different way. In any event, this reimbursement will not incur any costs for the Customer. Repayment is made as soon as possible, and no later than 14 days from the day the Company is informed of the decision of the Customer withdrawal of his Order.
- In accordance with article L.221-23 of the Consumer Code, the Customer is informed that his responsibility is engaged towards the Company only for a depreciation of the Product (s), returned (s) following the exercise of its right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.
- The Company implements all the measures to ensure the Customer providing, in optimal conditions, Product (s) quality. However, it does not in any way be held liable for any failure or improper performance of all or part of the benefits under the contract, which would be attributable to the Customer, to an unforeseeable and insurmountable a third party unconnected with the contract, or a force majeure. More generally, if the liability of the Company was engaged, she could under no circumstances agree to indemnify the Customer for any indirect or whose existence and / or the quantum would not be established by evidence.
- The Site may contain links to other websites not edited or controlled by the Company, which can not be held responsible for the functionality, content, or any element present or obtained through such sites.
- The establishment of such links or the reference to any information, articles or services provided by a third person, cannot and should not be interpreted as an express or tacit endorsement, by the Company, of these sites and these elements nor of their content.
- The Company is not responsible for the availability of these sites and can not control the content or validate advertising, the Product (s) and other information published on these websites.
- It is expressly stipulated that the Company cannot in any case be held responsible, in any way whatsoever, for the case where the IT equipment or the electronic mail of the Customers rejects, for example due to anti-spam, emails sent by the Company, and in particular, without this list being exhaustive, a copy of the payment receipt, the summary statement of the Order or even the email for tracking the shipment.
- The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Company would never have contracted
The Customer undertakes not to jeopardize the security of the Site. To this end, he undertakes not to carry out any fraudulent access and / or maintenance in the information system of the Company. Customer may not impair or impede the Company's information system. Otherwise, the Company may take any measure against it and in particular engage its criminal responsibility under articles 323-1 and following of the Criminal Code.
- INTELLECTUAL PROPERTY
- All elements of this Site and the Site itself, are protected by copyright, trademark law, designs and models and / or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved for the entire world.
- The name and brand logos, designs and models, stylized letters, figurative brands, and all signs represented on this Site are and will remain the exclusive property of the Company.
- No title or right whatsoever over any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more modify or perform any work based on them, or sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto
- The Company grants the Customer a non-exclusive license to use the Site. This license is personal and can in no case be assigned or transferred to any third party that either. The license is granted for the duration of use of the Site.
- Any use by the Customer of the corporate names, brands and separate signs belonging to the Company is strictly prohibited except with the express and prior agreement of the Company.
- FORCE MAJEURE
The Company will not be held responsible for the total or partial non-execution of its obligations under this contract, if this non-execution is caused by an event constituting a case of Force Majeure.
Will be considered as Force Majeure any irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all efforts reasonably possible.
The party affected by such circumstances shall notify the other within ten working days of the date on which it becomes aware.
Both parties will then, within a month, except impossibility due to force majeure, to examine the impact of the event and agree the conditions under which the performance of the contract will be continued.
If the case of Force Majeure lasts more than 1 month, these general conditions may be terminated by the injured party.
Explicitly, are considered as force majeure or unforeseeable circumstances beyond those usually retained by the current case law and the French courts:
- Total or partial strikes, internal or external to the company, blockage of the means of transport or supplies for any reason whatsoever, government or legal restrictions, computer breakdowns, earthquakes, fires , storms, floods, lightning;
- The cessation of telecommunication networks or difficulties specific to the external telecommunications networks to Customers.
- By checking the box provided for this purpose or by expressly agreeing to this end, the Customer accepts that the Company may send him, at a frequency and in a form determined by the Customer, a newsletter which may contain information relating to its activity.
- Customers will be able to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters
- FREEDOMS AND COOKIES
- The personal data requested from the Customer is required to process the order, preparing invoices, management controls as well as for trade relations between the parties. This data may be communicated to any partners of the Company responsible for the execution, processing, management and payment of Orders. This information and data is also stored for security purposes, to meet legal obligations
- The Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him, in accordance with national and European regulations. This right can be exercised by writing to firstname.lastname@example.org, indicating their names, first names, email address and customer reference in order to exercise these various rights
- APPLICABLE LAW AND DISPUTE RESOLUTION
- These General Terms and Conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws. In the event that it is translated into one or more languages, only the French text will prevail in the event of a dispute.
- In case of dispute that could arise in connection with the interpretation and / or implementation of these or related to these Terms, the Customer may decide to submit the dispute with the Company to a conventional mediation or any other alternative dispute resolution.
- Customer may go to the European platform for settling consumer disputes set up by the European Commission at the following address and listing all settlement agencies authorized disputes in France https://webgate.ec. europa.eu/odr/.
- In case of failure of this mediation procedure or if the Customer wishes to seize a jurisdiction, the rules of the code of civil procedure will apply.