 | General conditions of use and sale
The general conditions of use and sale are held between, firstly, the company, Creations Jean Vier, with assets of �936 266 �, headquarters based in : SAINT PEE SUR NIVELLE (64310), France, tel: + 33 5 59 54 56 70, fax : +33 5 59 54 15 26
E-mail : info@jean-vier.com
SIRET N° 410 154 959 000 10
Subscribed to RCS BAYONNE under the number B 410 154 959
TVA FR 04 410 154 959
Director : André Elustondo
Who will from here on be referred to as "Jean Vier or jean-vier.com".
and secondly,
internet users wishing to purchase products online from jean-vier.com,
from this point on to be referred to as the "customer".
PREAMBULE
The Jean-Vier website is hosted by LWS (Ligne Web Services), 4 rue Galvani75838 PARIS CEDEX 17, Tel : 0892 230 322.
Products may only be purchased by an adult of 18 years or over.
The products offered for sale on the site may only be purchased in the following countries : France, Corsica, Monaco, Germany, Austria, Belgium, Denmark, Spain, United States of America, Finland, Great Britain, Ireland, Italy, Luxemburg, Norway, The Netherlands, Portugal, Sweden, Switzerland, Poland, Czech Republic, Slovakia, Slovenia, Hungary and Iceland. All others are excluded.
The items offered for sale on the site, are sold for customers personal use. It is forbidden for customers to use products bought for commercial purposes. The CREATIONS JEAN VIER group reserves the right to refuse the sale of its products to anyone believed to be participating in this type of activity.
Article 1 - CONTRACTUAL DOCUMENTS
The general conditions of sale and use are applicable to all items sold on the jean-vier.com website by the Creations Jean Vier group.
The general conditions of sale and use are also applicable to all stages of the ordering process.
All orders received through the jean-vier.com website confirm that the customer has a complete understanding and is prepared to comply with the general conditions of sale and use as well as any additional conditions applying to specific products or orders.
Article 2 - PRODUCTS
2.1 -
Jean-vier.com is a website providing online sales of linen for the home and as decretive textiles and accessories.
2.2 -
The items offered for sale by Creations Jean Vier on their website are sold subject to availability.
Jean-Vier cannot guarantee the availability or continued sale of any specific item over a given time period.
Any complaint arising from a product which is either out of stock or unavailable will be regarded as unfounded.
2.3 -
All products for sale are described and presented as accurately as possible.
If errors occur or information is omitted, jean-vier.com cannot take responsibility. Product images and text descriptions are non-contractual and subject to change.
Article 3 - ORDERS
3.1 -
All orders completed online must adhere to the following procedure: After clicking on the "Buy" button, and having checked all the details of the order (color, quantity, price, size etc.) the customer clicks to validate the product or products that they wish to purchase.
3.2 -
No order is complete until acceptance has been communicated by Creations Jean Vier group.
Acceptance will be communicated to the customer via an email sent to the customers electronic mailbox.
3.3 -
In the case of a product being unavailable, either before or after the confirmation of an order, Creations Jean Vier group will take all action necessary by whatever means it chooses to inform the customer of the situation.
This means that the order may have to be adapted to accommodate a similar and available product or the cancellation of the order of the unavailable product (this will not affect other items included in the same order).
In the event of the customer ordering and paying for an unavailable product, a full refund will be offered.
3.4 -
Any items ordered are intended for the personal use of the customer whose name and address is indicated on the order form.
3.5 -
The customer must accept that any order received by the Creations Jean Vier group after midday Friday, or midday of a day before a public holiday, will not be dealt with until the following Monday or the day after the public holiday.
Article 4 - DELIVERY
4.1 -
Orders will be delivered to the customer address indicated on the order sheet, and that which was confirmed in the confirmation email sent to the customers electronic mailbox.
4.2 -
Delivery will be carried out within the times outlined in article 4.3 from the reception of the order by JEANVIER. With the exception of the following cases: Situations that arise which are beyond the control of Creations Jean Vier (strike action, flood, fire etc.) which could result in delay.
4.3 -
Orders will be delivered within the following times, depending on the country in which the order is to be sent :
| Colissimo (signature provided on delivery) | Type of service | Delivery time (open days after shipment excluding French public holidays and public holidays within the destination country) | Delivery costs � inc. tax | | France | Colissimo traceable France | Usually within 24hrs | 9,33 | | Germany, Belguim, Netherlands, Luxemburg | Colissimo international | Usually within 48 hrs | 13,75 | | Great Britain, Italy, Spain, Balearics | Colissimo international | Usually within 48 hrs | 16,62 | | Austria, Denmark, Ireland, Portugal | Colissimo international | Usually within 48 hrs | 17,70 | | Finland, Norway, Sweden, Switzerland, Azores, Madera, Canaries | Colissimo international | Usually within 48 hrs | 22,37 | | Greece, Hungary, Czech republic, Slovakia, Slovenia, | Colissimo international | Usually within 72 hrs | 25,47 | | United States | Colissimo international | Usually within 48 hrs | 29 |
4.4 -
The Creations Jean Vier group promises to respect the delivery times stated and will do everything in its power to uphold them. But if delivery is delayed, this does not entitle the recipient to cancel the order or receive a refund.
4.5 - All products are sent entirely at the risk of the customer. If an item is damaged on delivery or an order becomes lost or is delayed, the customer must take this up with the delivery company themselves, within three days of the arranged delivery date. This should be done by sending a letter via recorded delivery to the delivery company. A copy of this letter should be sent to the Creations Jean Vier group.
Article 5 - PRICE
5.1 -
The prices displayed for individual products on the website are in Euros including tax but excluding delivery charges and any processing fees that may be applicable to the order. The tax included in the displayed price is French TVA. If this tax is modified at short notice, the Creations Jean Vier group reserve the right to reflect these changes in the cost of individual items, without prior information being transmitted to the customer;
5.2 -
The Creations Jean Vier group reserve the right to alter their prices at any time. Products ordered will always be invoiced at the prices in place at the time of reception of each order.
5.3 -
All orders must be paid for in Euros, irrespective of the orders country of origin.
5.4 -
All products ordered remain the property of the Creations Jean Vier group until full payment has been received.
Article 6 - PAYMENT
6.1 -
Customers situated within France or a French territory have the option of paying by either credit card or check.
Any customer situated outside France or a French territory must make their payment by credit card.
6.2 -
Customers have the possibility of paying by credit card via the website. However any credit card payment exceeding �600 will not be accepted. For orders over �600 customers should contact customer services to organize an alternative means of payment.
The customer validates their order in following way:
Validation of address, items ordered and total cost. The credit card number are expiry date must be provided.
The "Validate" button is clicked.
Once the "validate" button has been clicked, the customer enters into a binding agreement to the sale.
6.3 -
To ensure the secure status of all payment jean-vier.com uses the Paybox secure payment system. This system integrates SSL technology. All confidential information (card number, date of expiry and security code) is sent directly to the Paybox server without any information being transmitted to the jean-vier.com server.
Once a order has been validated, it is routed in real time to the Paybox secure payment system. From here a request is made to the customers credit card company for payment of the order.
The secure payment system will then provide Jean Vier with an electronic certificate to validate the payment.
6.4 -
All credit card payments on jean-vier.com produce an electronic certificate from the secure payment system. This certificate details the total amount paid for the order and the date on which the payment was made. This conforms to articles 1316 and those thereafter of French civil code or "Code Civil français".
The dates and times recorded by the server will be those used regarding orders and manipulations carried out by the customer.
In all cases the validation of an order is considered to be a binding agreement between the two parties as are all other manipulations carried out by the customer on the website.
Article 7 - BILLING
The Creations Jean Vier group will provide, on customer request, a detailed bill of their order, via email.
Article 8 - PERSONAL INFORMATION
During the order process personal information will be provided by the customer. The customer must attest to having knowledge of this. This is in accordance with French law: n� 78-17 du 6 janvier 1978 et n� 2004-801 du 6 ao�t 2004, the customer reserves the right to access and modify this information at any time.
This procedure, put in place by Creations Jean Vier, will be regularly examined by the CNIL under reference number 1149406.
Article 9 - RESPONSABILITY
9.1 -
The Creations Jean Vier group guarantees against all faults or defects which may occur concerning their products. Any fault or defect must be brought to the attention of Creations Jean Vier group within 7 days of the date of delivery. This should be expressed in letter form sent via recorded delivery. (For sales outside France please contact us either via fax or telex.)
Faulty items may be either exchanged or refunded.
9.2 -
In the case of a fault or defect the item or items should be returned to the address given in Article 10. Before returning any faulty item the customer must obtain a returns form signed by Creations Jean Vier group. Any items returned without the returns form may be refused.
By simply accepting to receive a faulty item, Creations Jean Vier group does not automatically take responsibility for faults or defects within that item.
If and when Creations Jean Vier admit responsibility for a fault or defect within an item, the customer is entitled to either exchange or to be refunded for that item.
9.3 -
If an item is exchanged due to a fault or defect within that item, all delivery charges will be paid for by Creations Jean Vier group, unless disputed by either one of the two parties concerned.
9.4 -
Refunds will be given either by check or by crediting the customers credit card, depending on the form of payment used initially during the online order process.
9.5 -
The Creations Jean Vier group can not be held responsible for connection conditions, problems with connection, or of any intrusion or virus encountered whilst using the jean-vier.com website.
The Creations Jean Vier group can not be held responsible for any problems arising from general internet usage. These circumstances are considered to be beyond the control of the Jean Vier group.
9.6 -
The Creations Jean Vier group can not be held responsible for any indirect circumstances arising from the purchase of any of its products this includes loss of profit, damage or additional costs to the customer.
9.7 -
Notwithstanding previous or future circumstances the Creations Jean Vier group can not be held responsible for out of stock or unavailable items, strike action of the postal services\transport services\communications services, flood, fire and acts of nature which may affect services to the customer.
9.8 -
In no case will the guarantee of the Creations Jean Vier group be higher than the total value of the product or products for which it is responsible.
Article 10 - COOLING OFF PERIOD
For a 7 day period after reception of an order, the customer may request an exchange or refund on unused items. With the exception of faulty items, all postage and delivery costs must be paid by the customer.
Items should be returned in their original packaging to the following address:
Créations Jean Vier
Chemin Départemental 307
64310 SAINT PEE SUR NIVELLE
FRANCE
If the customer wishes to exchange an item and the item requested for exchange is available, JEANVIER will send the order via Colissimo, but only after the returning item has been received and delivery and postal charges paid.
Under these circumstances all postal and delivery charges are payable by the customer.
Refunds will be given either by check or by crediting the customers credit card, depending on the form of payment used initially during the online order process.
Article 11 - INTELLECTUAL COPYRIGHT AND COMPETITION
All contents included on the jean-vier.com website are the property of Creations Jean Vier group and are protected by French copyright law.
Article 12 - OTHER LANGUAGES
12.1 -
The primary language concerning the present conditions of sale is French. The French version is that which will be referred to after all other translations.
12.2 -
Unless otherwise stated, all jurisdiction is governed by the laws of Bayonne, France. | |
