General Conditions of Sale (CGV)
The General Conditions of Sale described below detail the rights and obligations of the company JOD and its client in the context of the online sale of goods offered from this website.
The company JOD, whose capital is 10,000 euros, registered with RCS 903 201 861 whose head office is established in Paris.
Hereinafter referred to as “ Our Company ”;
- i) Our General Terms and Conditions aim to describe the terms and conditions for distance selling of goods and services between our Company and the Customer. They express the entirety of the obligations and rights of the parties and exclusively govern their relationship.
- ii) These general conditions express the entirety of the obligations of the parties. In this sense, the Customer is deemed to accept them without reservation.
iii) These general conditions of sale apply to the exclusion of all other conditions governing the sale of goods and services offered for sale through another distribution channel.
- v) Our Company may be required to adapt or modify these T&Cs at any time, it being specified that the applicable T&Cs are those in force on the day of the order by the Customer.
- vi) These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory.
vii) The Customer declares to have read these general conditions of sale and to have accepted them before purchasing the goods or placing their order.
This acceptance is manifested using a check box during payment . They are enforceable against him in accordance with the terms of article 1119 of the Civil Code and contain all the information listed in article L. 221-5 of the Consumer Code.
Article L.221-5 of the Consumer Code
Prior to the conclusion of a contract of sale or provision of services, the professional communicates to the consumer, in a readable and understandable manner, the following information:
1° The information provided for in articles L. 111-1 and L. 111-2;
2° When the right of withdrawal exists, the conditions, the deadline and the terms of exercise of this right as well as the standard withdrawal form, the conditions of presentation of which and the particulars it contains are fixed by decree in Council of 'State ;
3° Where applicable, the fact that the consumer bears the costs of returning the good in the event of withdrawal and, for distance contracts, the cost of returning the good when it, due to its nature, cannot normally be returned by post;
4° Information on the consumer's obligation to pay costs when he exercises his right of withdrawal from a contract for the provision of services, water distribution, gas or electricity supply and subscription to a district heating network for which he expressly requested execution before the end of the withdrawal period; these costs are calculated according to the terms set out in article L. 221-25;
5° When the right of withdrawal cannot be exercised pursuant to Article L. 221-28, information that the consumer does not benefit from this right or, where applicable, the circumstances in which the consumer loses his right to retract ;
6° Information relating to the contact details of the professional, where applicable to the costs of using the remote communication technique, the existence of codes of good conduct, where applicable to deposits and guarantees, the terms of termination, methods of settling disputes and other contractual conditions, the list and content of which are fixed by decree of the Council of State.
In the case of a public auction as defined by the first paragraph of article L.321-3 of the Commercial Code, the information relating to the identity and postal, telephone and electronic contact details of the professional provided for in 4° of article L. 111-1 may be replaced by those of the agent.
2) The order
- i) The Customer places his order in accordance with the specifications mentioned on the site, for any product listed there and within the limits of available stocks.
In the event of unavailability of an ordered product, the Customer is informed.
- ii) For the order to be validated, the Customer must accept, by clicking in the designated place, these general conditions of sale. He will also have to choose the address and the delivery method, and finally validate the payment method.
- i) Our Company reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on that date.
- ii) Prices are indicated in euros. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
iii) The prices do not take into account delivery costs, invoiced additionally, and indicated before validation of the order.
- iv) At no time can the sums paid be considered as deposits or deposits.
- i) The products and/or services presented on the site are payable upon ordering.
- ii) The sale will only be considered final after our Company has sent the Customer confirmation and acceptance of the order, by email and after receipt by the latter of the entire price.
a) Payment terms
- i) To pay for his order, the Customer has, at his choice, all of the following payment methods made available to him by our Company : Visa, Mastercard, Maestro and American Express via the secure payment platform by STRIPE
- ii) Payments made by the Customer will only be considered final after the actual collection of the sums due.
iii) The Customer guarantees to our Company that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the order form.
- iv) Our Company reserves the right to suspend any order management and delivery in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment.
- v) The payment terms are specific to the platform of the payment provider STRIPE, and are independent of JOD, which is not involved in any way in the use of said service. All conditions and terms related to payment via the STRIPE payment solution are governed by the General Conditions of Use of this service, accessible at the address https://stripe.com, which apply concurrently to these General Terms and Conditions. JOD does not keep any banking details of the Client, subject to the provisions below. JOD cannot be held responsible for any malfunction occurring on the STRIPE payment platform.
By accepting these terms, the Customer also agrees to be bound by STRIPE's General Conditions of Use. These may be subject to modification by STRIPE only. Under no circumstances can JOD modify the General Conditions of Use of STRIPE, a service provider over which it has no control.
b) Failure to pay
- i) Our Company reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. 'administration.
- ii) Our Company has implemented an order verification procedure intended to ensure that no person uses the bank details of another person without their knowledge.
As part of this verification, the Customer may be asked to send us by email a copy of an identity document as well as proof of address. The order will then only be validated after receipt and verification by the seller of the parts sent.
c) Reservation of title
- i) It is agreed that the products and goods delivered and invoiced to the Customer remain the property of our Company until full payment of their price.
- ii) In the event of non-payment, the seller may take action to recover the products and goods.
iii) The above provisions do not prevent, from delivery, the transfer to the Customer of the risks of loss or deterioration of the products as well as the damage that they could cause.
5) Electronic signature
- i) The online provision of the Customer's bank details and the final validation of the order will constitute proof of the Customer's agreement with regard to:
- Payability of sums due under the purchase order;
- Signature and express acceptance of all operations carried out.
- ii) In the event of fraudulent use of the bank card, the Customer is invited, as soon as this use is noted, to contact our Company by email: email@example.com
6) Order confirmation
Our Company sends the Client a copy of the contract, on paper signed by the parties or, with the Client's agreement, on another durable medium, confirming the express commitment of the parties.
7) Proof of the transaction
Computerized records, kept in our Company 's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments made between the parties.
The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
8) Product Information
- i) The products governed by these General Conditions are those which appear on our Company ’s website. They are offered while stocks last.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, our Company cannot be held liable.
- ii) Photographs of the products are not contractual.
9) Provision and delivery of products
- i) The amount of delivery costs is the responsibility of the Customer and varies depending on the type of order and the territory of delivery of the products. It is indicated to the Customer when he consults the availability of the product.
For more information, the Customer is invited to refer directly to the product item sheet.
- ii) Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays.
Delivery times include the preparation and shipping of the Order, as well as the delivery time of the products to the point of delivery (Customer's postal address or relay point).
In the absence of indication of a delivery time when ordering, our Company undertakes to deliver the products within a maximum period of 30 (thirty) days from validation of the Order by our Company .
Our Company uses external service providers for the delivery of products. To obtain further information on these different service providers and their delivery methods, the Customer is invited to consult the general conditions of each of these carriers on their respective websites."
The availability time is indicated when the Customer consults the stock.
If the ordered product is unavailable, the Customer will be informed as soon as possible and will have the option to cancel their order. The Customer will then have the possibility of requesting reimbursement of the sums already paid no later than thirty (30) days after payment, i.e. the exchange of the product. If an exchange is impossible, our Company reserves the right to cancel the order and refund the amounts paid.
If the deadline for availability or delivery is exceeded and if this delay is not due to a case of force majeure, the Customer must give our Company formal notice to deliver it within a reasonable additional period of time, by letter. registered with acknowledgment of receipt.
If delivery is not carried out within this period, the Customer may terminate the sales contract by registered letter with acknowledgment of receipt addressed to: 77 bd de Montmorency, 75016 Paris
The sale will be considered canceled if provision or delivery has not occurred before receipt of the registered letter by our Company . The refund of the product(s) will be made as soon as possible and at the latest within 14 days following the cancellation request by the Customer.
d) Transfer of risks
Delivery is deemed to have been made by the carrier making the ordered goods available to the Customer. It is materialized by the signing of the delivery note by the Customer.
The product(s) ordered travel(s) at the risk of the sender; In the event of damage, it is therefore up to the Customer to make all necessary findings and return the goods to the sender following the procedure described below.
e) Delivery terms
- i) Delivery means the transfer to the consumer of physical possession or control of the goods. It is only made after confirmation of payment by the seller's banking organization.
- ii) The products ordered are delivered according to the terms presented on the site.
iii) The products are delivered to the address indicated by the Customer on the order form, the Customer must ensure its accuracy. Any package returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the Customer's expense. The Customer may, at his request, have an invoice sent to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
- iv) If the Customer is absent on the day of delivery, the delivery person will leave a calling card in the mailbox, which will allow him to collect the package from the location and during the time indicated.
- v) If at the time of delivery, the original packaging is damaged, torn or opened, the Customer must then check the condition of the items. If they have been damaged, the Customer must refuse the package and note a reservation on the delivery slip (package refused because open or damaged).
- vi) The Customer must indicate on the delivery note and in the form of handwritten reservations accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.).
This verification is considered to have been carried out once the Customer, or a person authorized by him, has signed the delivery note.
The Customer must then confirm these reservations to the carrier by registered mail at the latest within two working days following receipt of the item(s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the legal notices. of the site.
vii) If the products need to be returned to the seller, they must be the subject of a return request to the seller within 7 days of delivery. Any complaint made outside this deadline cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
viii) Products which are not delivered to the Customer in the event of a package not arriving at the address indicated (NPAI), an unclaimed package, or a refused package, are treated as follows:
viii)i): Returns due to packages “not arriving at the indicated address” or “unclaimed”: after receipt and acceptance of the package by our services, our Company will contact the Customer in order to return their order if the product is still available or to reimburse the order according to the Customer's wishes. In such cases, shipping costs are the responsibility of the Customer.
Our Company reserves the right to reimburse the order and not to return it in the event that several packages “did not arrive at the indicated address” or “unclaimed” are identified.
viii)ii): Returns due to packages “refused” by the Customer at the time of delivery: after receipt and acceptance of the package by our services, our Company will contact the Customer in order to reimburse the order.
In the event of return of a package following the causes mentioned above, our Company does not guarantee the reservation of the items ordered and may be required to reimburse the order if the product(s) are not available.
10) Delivery errors
- i) The Customer must make to our Company, on the same day of delivery or at the latest the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or quality in relation to the information given on the order form. Any complaint made after this deadline will be rejected.
- ii) The complaint may be made, at the Customer's choice:
(1) Telephone number: 0635027187
(2) Email address: firstname.lastname@example.org
iii) Any complaint not made according to the rules defined above and within the time limits cannot be taken into account and will exempt our Company from any liability towards the Client.
- iv) Upon receipt of the complaint, our Company will assign an exchange number for the product(s) concerned and will communicate it by email to the Customer. The exchange of a product can only take place after the exchange number has been assigned.
- v) In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to our Company as a whole and in its original packaging, to the following address: 77 bd de Montmorency, 75016 Paris
- vi) Return costs are, in this case, the responsibility of our Company .
11) Legal guarantee
Our Company guarantees the conformity of the goods with the contract, allowing the Customer to make a request under the legal guarantee of conformity provided for in articles L.217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold within the meaning of articles 1641 et seq. of the Civil Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- the Customer has a period of 2 years from delivery of the goods to act;
- the Customer can choose between repair or replacement of the good, subject to the cost conditions provided for by article L.217-17 of the Consumer Code;
- the Customer is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following delivery of the goods.
The Customer may also decide to implement the guarantee against hidden defects in the item sold within the meaning of article 1641 of the Civil Code, allowing him to choose between the resolution of the sale or a reduction in the sale price in accordance with the Article 1644 of the Civil Code.
12) Right of withdrawal
a) Withdrawal period
- i) In accordance with articles L.221-18 et seq. of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, from the date of conclusion of the contract by the Customer or by a third party, other than the carrier, designated by it or from the day after subscribing to the loyalty program on the site.
- ii) In the case of an order for several goods delivered separately or in the case of an order for a good made up of lots or multiple pieces whose delivery is spread over a defined period, the period runs from receipt of the last good or lot or the last piece.
b) Contracts not affected by the right of withdrawal
The right of withdrawal cannot be exercised in the following cases:
▪ Contracts for the supply of goods made to the consumer's specifications or clearly personalized (case of special orders);
▪ Contracts for the supply of goods likely to deteriorate or expire quickly;
▪ Contracts for the supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
▪ Service supply contracts fully executed before the end of the withdrawal period and whose execution has begun after the express prior consent of the consumer and express waiver of their right of withdrawal;
▪ Contracts for the supply of goods or services whose price depends on fluctuations on the financial market beyond the control of the professional and likely to occur during the withdrawal period;
▪ Contracts for the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
▪ Contracts for the supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
▪ Contracts for the supply of goods which, after being delivered and by their nature, are inseparably mixed with other items;
▪ Contracts for the supply of alcoholic beverages whose delivery is deferred beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market beyond the control of the professional.
c) Conditions for exercising the right of withdrawal
- i) In accordance with the provisions of article L.121-21 of the Consumer Code, the Customer may exercise his right of withdrawal without having to give reasons for his decision and without having to bear any costs other than the costs of returning the goods. .
- ii) In accordance with the provisions of article L.121-3 of the Consumer Code, the Customer will inform our Company of his decision to withdraw by sending him, before the expiry of the fourteen-day period, the withdrawal form received with confirmation of his order according to the model attached below or by the form to download online by clicking here or by any other declaration, unambiguous in which he expresses his desire to withdraw.
iii) In the event of withdrawal by the Client transmitted online, our Company will communicate to the Client an acknowledgment of receipt of the withdrawal by email.
- iv) The burden of proof of exercising the right of withdrawal rests with the Customer.
Withdrawal form template
Please complete and return this form only if you wish to withdraw from the Contract.
To the attention of JOD
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to
the sale of the good (*)/for the provision of the service (*) below Ordered on (*)/received on (*) bearing
the following order number (*) Name of customer(s) Address of customer(s) Signature of
customer(s) (only in the event of notification of this form on paper) Date.
d) The return of the goods(s) by the Customer
The Customer returns the goods to our Company within 14 days at the latest from notification of their withdrawal according to the terms defined on the site.
e) Customer reimbursement
- i) Principle
- When the right of withdrawal is exercised for one (or more) goods, our Company is required to reimburse the Customer for all sums paid, including delivery costs, without unjustified delay and at the latest within fourteen (14) days from the date on which our Company was informed of the Customer's decision to withdraw.
- Our Company may defer reimbursement until recovery of the goods or until the Customer has provided proof of shipment of these goods. The reimbursement will be made by our Company using the same means of payment as that used by the Customer for the initial transaction.
- ii) Limits on the right to reimbursement
- In addition to the cases stated above, it is recalled that the Customer's liability may be incurred by our Company in the event of:
▪ deterioration of goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of these goods;
▪ any damage caused to the product from receipt of the good by the Customer and until its return;
▪ incomplete return of the item and its accessories without its packaging, instructions for use, Documentation.
- In such cases, the amount that may be withheld from the reimbursement of the product requested by the Customer may amount to 100% of the price of the good in the event of a damaged product.
Site access is provided by https://www.jodparis.com. Our Company does not guarantee users that the site, subject to constant research to improve its performance and progress, will be completely free from errors, vices or defects, as the site is standard and in no way offered solely for A given user's intention based on their own personal constraints will specifically meet their needs.
Our Company uses all means to ensure access and the proper functioning of the site on a continuous basis.
However, given the limits linked to the Internet, Our Company cannot exclude that access and operation of the site may be interrupted, particularly in the event of force majeure, malfunction of the user's equipment, malfunctions of the internet network of the site. user, or maintenance operations intended to improve the site and its functionalities. In the same way, a constraint linked to the host, such as in terms of maintenance, having repercussions on the accessibility of the site cannot give rise to the liability of our Company .
Our Company does not guarantee the absence of technical problems, nor compatibility with a particular configuration and/or hardware, nor an online delay, and cannot be held responsible for malfunctions linked to the use of additional software.
Consequently, our Company cannot be held responsible for an interruption of the site, whether voluntary or not, it being specified that it undertakes to make its best efforts to limit interruptions which may be attributable to it.
The user expressly accepts that Our Company cannot be held responsible for direct, indirect, fortuitous, special, accidental, consequential or punitive damages, etc., as well as for any loss of profits or income, which may be incurred by the user directly or indirectly linked:
- access or use of the Site;
- the User's inability to access or use the Site;
- any behavior or content submitted, published or posted on the Site;
- any unauthorized access, use or alteration of the User's transmissions.
14) Force majeure
Any circumstances beyond the control of the parties preventing the execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and result in their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure. Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, shutdown of telecommunications networks or difficulties specific to telecommunications networks external to customers.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the force majeure lasts for more than three months, these general conditions may be terminated by the injured party.
15) Intellectual property
The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, the sole owner of the intellectual property rights to this content.
Customers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.
16) Personal data
17) Partial non-validation
If one or more stipulations of these general conditions of sale are held to be invalid or declared such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect. their strength and scope.
The fact that one of the parties does not take advantage of a breach by the other party of any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation. in question.
The Customer may resort to conventional mediation, in particular to the Commission for the Evaluation and Control of Consumer Mediation (CECMC) or to existing sectoral mediation bodies, or to any alternative method of dispute resolution in the event of CONTESTATION.
20) Applicable law
These general conditions are subject to the application of French law, to the exclusion of the provisions of the Vienna Convention. This is the case for substantive rules as well as for formal rules. In the event of a dispute or complaint, the Customer will contact the seller as a priority to obtain an amicable solution.
21) Competent court
In the absence of an amicable agreement, any disputes which may arise regarding the validity, interpretation, execution or non-execution, interruption or termination of this contract will be brought before the Paris Commercial Court
ANNEX 1 - Provisions relating to legal guarantees
Article L.217-4 of the Consumer Code
The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Article L.217-5 of the Consumer Code
The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
- if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
- if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L.217-12 of the Consumer Code
The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Article L.217-16 of the Consumer Code
When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of At least seven days are added to the remaining warranty period.
This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the guarantee for hidden defects in the item sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would not have used it. would have given only a lower price, if he had known them.
Article 1648 of the Civil Code
Action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, under penalty of foreclosure, within the year following the date on which the seller can be released from the apparent defects or lack of conformity.