Terms of sale
ARTICLE 1 – SCOPE
These Terms of Sale apply wholly and unreservedly to all sales made by Créations Jean Vier (the ‘Seller’) to non-professional customers (the ‘Customers’ or ‘Customer’) who wish to purchase the products offered for sale by the Seller (the ‘Products’) on the website www.jean-vier.com.
They specify the conditions for ordering, payment, delivery and the management of any returns of products ordered by Customers.
When a natural (or legal) person places an order on the Jean-vier.com website, they are indicating their full and unconditional acceptance of these Terms of Sale, which is expressly acknowledged by the Customer, who agrees, in particular, not to invoke any contradictory document, which shall not be enforceable against the Seller. These Terms of Sale apply to the exclusion of any other terms, including but not limited to those applicable to in-store purchases or to purchases made via other distribution or sales channels.
The items for sale on this website are sold exclusively for Customers’ personal use. The Customer is forbidden from doing business with the items purchased. The company Créations Jean Vier reserves the right to refuse to sell its products to anyone whose behaviour indicates that they may be purchasing for commercial purposes.
Any photographs or graphics displayed on the website Jean-vier.com are not contractually binding and the Seller shall not be held responsible for them. To find out the essential characteristics and features of each product, the Customer is advised to check the description and specifications. The choice and purchase of a product is exclusively the Customer’s responsibility.
These Terms of Sale may be modified at any time. The version applicable to the Customer’s purchase shall be the version in effect on the website on the date on which the order is placed.
In the absence of evidence to the contrary, the data recorded on the Seller’s computer system constitutes proof of all the transactions made with the Customer.
The Customer acknowledges that they have received clear, comprehensible communication of these Terms of Sale before entering into the contract, under the terms indicated in article 13.
ARTICLE 2 – PRODUCTS
2.1 - Jean-vier.com is a website intended to sell home linen items, decorative accessories and textiles.
2.2 - The products offered by the company Créations Jean Vier are available for as long as they are displayed online and subject to stock availability.
Any Customer complaint regarding an order for or the delivery of an unavailable item shall be considered unfounded.
ARTICLE 3 – ORDERING
3.1 - All online orders must be placed in accordance with the following procedure: having clicked on the ‘Add to basket’ icon and checked the details of the order (colour, quantity, price, dimensions, etc.), the Customer confirms their choice of product(s) by clicking.
3.2 - Orders only become definitive when the company Créations Jean Vier expressly accepts them.
Acceptance of the order is indicated by an order confirmation email sent to the Customer.
3.3 - Should a product prove unavailable, despite Créations Jean Vier’s confirmation of the order or before confirmation is sent, Créations Jean Vier agrees to notify the Customer via the channel of its choice.
The Customer may then modify the order containing the unavailable product or cancel the order for this product, without affecting any other products ordered.
The Customer shall then receive a refund from Créations Jean Vier, if payment has already been made.
3.4 - The Customer accepts that any order placed on a Friday or the day before a public holiday after 12 p.m. will be processed either the following Monday or the day after the public holiday.
ARTICLE 4 – DELIVERY
4.1 - Delivery consists of the transfer of physical possession or control of the product to the Customer through the handover of the product to the Customer at the delivery location indicated on the delivery note and confirmed by the acknowledgement of receipt.
4.2 - The Seller agrees to go to all reasonable efforts to deliver the products ordered by the Customer within the period indicated during the order process. However, delivery times are provided on an indicative basis; if the ordered products are not delivered within 20 days of the indicative delivery date (or, in any case, within thirty days of entering into the contract), for any reason not attributable to force majeure or the Customer, the sale may be terminated upon written request from the Customer under the terms provided for in articles L 138-2 and L 138-3 of the French Consumer Code. The sums paid by the Customer shall then be refunded within fourteen days of the contract termination date, without any compensation or deduction.
4.3 - The transfer of ownership of the products from the Seller to the Customer shall only take place when the full price of the products is paid by the Customer, regardless of delivery date.
Regardless of the date on which ownership of the products is transferred to the Customer, the transfer of risk of loss shall only take place at the moment when the Customer takes physical possession of the products. The products are therefore transported at the Seller’s risk.
4.4 - The Customer is responsible for checking the condition of the delivered products. The Customer has a period of forty-eight (48) hours from delivery to indicate any reservations or claims due to the delivered products’ non-conformity or apparent defects (for example, a damaged, opened parcel) via email or post, with all the relevant proof (especially photos). After this time, if these formalities have not been fulfilled, the products shall be assumed to be compliant and free of any apparent defects, and no claim shall be accepted by the Seller.
The Seller shall refund the Customer as soon as possible and at its own expense for any delivered products with conformity faults or apparent defects duly proven by the Customer, under the terms provided for in articles L 211-4 onwards of the French Consumer Code and those provided for in these Terms of Sale (article 9).
4.5 - Maison Jean-Vier’s delivery fees are as follows:
Delivery of home linen and accessories
|Maison Jean-Vier store
|Relais colis France
|Standard home delivery, France
|Express home delivery, France
|Home delivery, European Union
|Home delivery, outside European Union
|Maison Jean-Vier store
|Small furniture France
|Large furniture France
|Furniture range European Union
|Furniture range outside European Union
ARTICLE 5 – PRICES
5.1 - The prices that appear on the website are expressed in euros with all taxes included, excluding processing and delivery fees. The VAT included is French VAT at the current rate for the chosen products. If the VAT rate should be modified, these changes may affect the price of the items, without the Customer being notified in advance.
5.2 - The company Créations Jean Vier reserves the right to modify its prices at any time. The Customer shall pay the price in effect at the time of placing the order, subject to availability on this date.
5.3 - All orders, regardless of origin, are payable in euros.
5.4 - Products remain the property of Créations Jean Vier until the full price is received.
5.5 - Should a delivery be made outside the European Union, the total price to be paid will not include tax. If there are charges (customs duties, VAT, etc.) to be paid upon receipt of the delivery, they shall be payable by the Customer. This amount may vary depending on the legislation in effect in the chosen delivery country.
ARTICLE 6 – PAYMENT
6.1 – All payments must be made by card. Payment by cheque is not accepted without prior agreement from the Seller, who the Customer must contact by telephone.
6.2 - The Customer shall submit their order definitively and irrevocably in the following way:
- by confirming their address, the product(s) ordered and the total price;
- by providing their card details;
- by clicking on the ‘Confirm’ icon to submit their order. This confirmation is considered a sale and engages the Customer irrevocably.
6.3 - To ensure the security of all payments, the website jean-vier.com uses the Paybox secure payment service. This service includes the SSL security standard. Confidential data (the 16-digit card number, expiry date and security code) are encrypted and sent via the Paybox server, without ever passing through the physical elements of the jean-vier.com server.
When the order is submitted, a payment request is sent in real time to the Paybox remote secure payment system. This then sends an authorisation request to the bank card network. The remote payment system issues an electronic certificate.
6.5 - For all card payments made on the website jean-vier.com, the electronic certificate issued by the remote payment system shall be considered proof of the amount and date of the transaction, in accordance with the provisions of articles 1316 onwards of the French Civil Code.
In this regard, the server date and time shall be valid for the parties.
6.6 - In all circumstances, submission of an order shall be considered a signature and express acceptance of all the transactions carried out on the website.
ARTICLE 7 – BILLING
The company Créations Jean Vier shall send the Customer an order receipt via email; these terms and conditions will be attached to this receipt.
ARTICLE 8 – PERSONAL DATA
During the order processing procedure, personal data may be collected to guarantee a successful delivery, to improve service quality, and to notify the Customer of exceptional offers that may interest them, thus meeting their needs and expectations more effectively. The Customer declares that they are aware of this. In accordance with the modified law 78-17 of 6 January 1978, the Customer may exercise the right to access and rectify this data at any time.
This computer processing by the company Créations Jean Vier has been declared with the French Data Protection Authority (CNIL), under the number 1149406.
ARTICLE 9 – COMMERCIAL GUARANTEES
9.1 - At no extra cost, regardless of the right of withdrawal and in accordance with legal provisions, products sold by the Seller are fully covered by:
- the legal guarantee of conformity, for products that are visibly defective, damaged or spoiled or products that do not correspond to the order,
- the legal guarantee against hidden defects, for any material, design or manufacturing fault that may affect the delivered products and make them unsuitable for use.
In order to exercise their rights, the Customer must notify the Seller under the terms indicated in article 4.
Return fees shall be refunded when the Customer provides proof of them (at the Colissimo rate).
9.2 - In the event of a defect, the Customer must return the products for examination to the address indicated in article 10, having sought and obtained the Seller’s authorisation to return the products. Should the Customer return the products for any reason without notifying the Seller beforehand, the Seller may refuse to take the products back.
Création Jean Vier’s reception of the products shall not be considered acceptance of its liability.
9.3 - Should a defect or error be recognised by the company Créations Jean Vier, the Customer may either exchange their product or receive a full refund for it.
In the event of a product exchange due to a packaging defect or error, the shipping fees shall be payable by the company Créations Jean Vier.
In the event of a refund for the product, the refund (including shipping and return fees) will be made to the Customer’s bank account or via cheque, depending on the payment method used by the Customer during the online order process. Refunds for products deemed non-compliant or defective shall be made as soon as possible.
9.4 - The Seller shall not be held liable for the Customer’s misuse, negligence or lack of maintenance of the product; the Customer’s use of the product for professional purposes; or for normal wear and tear to the product, an accident or force majeure. In any event, the Seller’s guarantee is limited to the replacement or refund of non-compliant or defective products.
9.5 - The company Créations Jean Vier shall not be held liable for the connection conditions on the website jean-vier.com, for any interruptions to the provision of its services, for any intrusion or for the presence of a computer virus.
Therefore, the company Créations Jean Vier shall not be held liable for any disturbances linked to the use of the internet and beyond the diligence and precaution exercised by the company.
9.6 - The company Créations Jean Vier accepts no liability for any indirect damage caused by these conditions or any operating loss, profit loss, loss of opportunity, damage or charge that may be incurred through purchasing the products.
9.7 - Notwithstanding the provisions of these Terms of Sale, the company Créations Jean Vier shall not be held liable in the event of stock shortage or product unavailability, force majeure, disturbances, a partial or total strike (especially of the postal services, transport networks and/or communications networks), a flood, a fire or any other event beyond Créations Jean Vier’s control.
9.8 - In any event, Créations Jean Vier’s guarantee shall not exceed the amount of the value of the products that have caused the liability.
ARTICLE 10 – WITHDRAWAL
In accordance with current legal provisions, the Customer has a period of thirteen (30) days beginning with receipt of the product to exercise the right of withdrawal with the Seller and send the product(s), without needing to provide reasons or pay any penalty, in order to carry out an exchange or receive a refund, as long as the products are returned in their original packaging and in perfect condition.
The right of withdrawal may be exercised:
- online, via the withdrawal form available on the website Jean-vier.com, in which case acknowledgement of receipt will be sent immediately to the Customer by the Seller via a durable medium,
- through an unambiguous email expressing the Customer’s decision to withdraw sent to the following address: email@example.com.
Returns shall be made with the complete product in its original condition (packaging, accessories, instructions, etc.) so that it can be sold as new, and with the purchase receipt attached. Damaged, soiled or incomplete items shall not be accepted.
Products must be returned in their original packaging to the following address:
Maison Jean Vier
Chemin Départemental 307
64310 SAINT PEE SUR NIVELLE
The return package must be sent via express delivery (Colissimo suivi, Fedex, UPS, DHL, etc.).
The exchange (subject to availability) or refund shall be carried out within fourteen (14) days of the withdrawal, provided the products are returned to the Seller in the conditions described in this article. Refunds shall be made to the Customer’s bank account or by cheque addressed to the Customer.
Returns for exchanges concerning non-defective items that conform to the online order must be made at the Customer's expense for orders made outside of Metropolitan France. Indeed, the returns are the responsibility of the salesman Maison Jean-Vier only for the orders carried out from Metropolitan France.
Should the right of withdrawal be exercised in the aforementioned time limit and should the Customer request a refund, only the price of the purchased products and the delivery fees are refunded; any return fees remain at the Customer’s expense.
ARTICLE 11 – INTELLECTUAL PROPERTY AND COMPETITION
The content included on the website jean-vier.com belongs to the Seller and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly forbidden and may constitute a counterfeiting offence.
In addition, the Company owns all intellectual property rights over the photographs, presentations, studies, drawings, models, prototypes, etc. that appear on the website. The Customer is therefore forbidden from reproducing or using these drawings, models, prototypes, etc. without prior express written authorisation from the Seller.
ARTICLE 12 – LANGUAGE – DISPUTES
12.1 - These Terms of Sale and the resulting transactions are governed by and subject to French law.
These Terms of Sale were drafted originally in French. When translated into another or several other foreign languages, only the French version will be legally binding in the event of a dispute.
12.2 - ALL DISPUTES TO WHICH THE PURCHASE AND SALE TRANSACTIONS AFFECTED BY THESE TERMS OF SALE MAY LEAD, WHETHER CONCERNING THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR CONSEQUENCES OR THEIR RESULTS, AND THAT CANNOT BE RESOLVED BETWEEN THE SELLER AND THE CUSTOMER SHALL BE SUBMITTED TO THE COMPETENT COURTS UNDER CONDITIONS OF ORDINARY LAW.
The Customer is notified that, in the event of conflict, they may have recourse to conventional mediation, including from the Consumer Mediation Commission (French Consumer Code art. L 534-7) or from existing industry mediation systems, the details for which are displayed on the website Jean-vier.com, or to any alternative dispute resolution method.
ARTICLE 13 – PRE-CONTRACTUAL INFORMATION – CUSTOMER’S ACCEPTANCE
Pursuant to the dispositions of articles L 121-19 and L. 121-17 of the French Consumer Code, the Customer recognises that, via a readable, comprehensible means and before placing their order, they have been made aware of these Terms of Sale and of all the information provided in articles L111-1 to L111-7 of the aforementioned Code, and especially:
- the product’s essential characteristics, in accordance with the means of communication used and the product concerned;
- the price of the products and any additional fees (delivery, for example);
- the date on which or time in which the Seller commits to delivering the product, if the contract is not immediately executed;
- information relating to the identity of the Seller and their address, telephone number and email address, and relating to the Seller’s activities, if not already apparent from the context;
- information regarding legal and contractual guarantees and how they are implemented;
- the functionalities of any digital content and, if applicable, their interoperability;
- the possibility of calling upon conventional mediation in the event of a dispute;
- information on the right of withdrawal (existence, conditions, time period, ways of exercising it and withdrawal form template), re-shipping fees, ways of terminating the contract and other important contractual conditions.
ARTICLE 14 – LEGAL NOTICE
The Jean-vier.com website is published by the Seller:
Créations Jean Vier,
a public limited company with share capital of 485,660 euros
and registered address in SAINT PEE SUR NIVELLE (64310) – CD 307 – France,
registered on the BAYONNE TRADE REGISTER under number B 410 154 959
SIRET no. 410 154 959 000 10 – VAT FR 04 410 154 959
Tel.: + 33 5 59 54 56 70,
Fax: +33 5 59 54 15 26
Website manager: André ELUSTONDO
The website jean-vier.com is hosted by Icodia
22 Rue de l'Erbonière - 35510 Cesson-Sévigné - France.