Terms of sale
INTRODUCTION
The website www.schott-store.com (hereinafter the “Site”) is an e-commerce website accessible via the Internet and open to all Internet users. It is operated by Groupe JAJ.
The Site allows the JAJ group (hereinafter “JAJ”) to offer for sale clothing, accessories, decorative items, cosmetics and leather goods, primarily under the protected SCHOTT brand (hereinafter the “Products”), to internet users browsing the Site (hereinafter “Users”). For the purposes of these terms, the User and JAJ shall collectively be referred to as the “Parties” and individually as a “Party”; a User who has confirmed an order shall be referred to as a “Buyer”. The User’s rights and obligations necessarily apply to the Buyer.
The Products are intended for the User’s personal use and have no direct connection to their professional activities. Users are therefore advised that they may order no more than five (5) Products of the same reference. Orders exceeding this limit cannot be accepted.
Any order for a Product offered on the Site requires the customer to review and expressly accept these general terms and conditions of sale by checking the box labeled “Check this box to confirm that you have read and accepted the general terms and conditions of sale.”
In accordance with Articles 1316 to 1316-4 of the French Civil Code, supplemented by Decree No. 2001-272 of March 30, 2001, concerning electronic signatures, checking the box labeled “Check this box to confirm that you have read and accepted the general terms and conditions of sale” after reading these terms, as well as confirming the order form as described in Article 3.3 below, constitutes an electronic signature. Between the Parties, it has the same legal force as a handwritten signature and serves as proof of the entire order and of the amounts due under it.
Users may save or print these general terms and conditions of sale, provided they do not modify them.
ARTICLE 1 PURPOSE
These general terms and conditions of sale define the rights and obligations of the Parties arising from the online sale of Products offered on the www.schott-store.com Site
These terms govern the steps required to place an order and the handling of that order between the Parties. They apply between the Parties to the exclusion of any other document.
ARTICLE 2 PRODUCTS, PRICES, INTELLECTUAL PROPERTY
2.1 PRODUCTS
The Products offered for sale are those displayed on the Site when the User visits it, subject to availability. If a Product is unavailable, the Buyer will be informed as soon as possible.
Under Article 1369-4, paragraphs 1 and 2, of the French Civil Code, “without prejudice to the validity conditions specified in the offer, its author remains bound by it for as long as it remains electronically accessible through their actions.” Accordingly, if the offer specifies no validity conditions, it remains valid for as long as its author keeps it electronically accessible. It is therefore advisable to indicate on the website as soon as possible when a product is unavailable.
2.2 PRICES
Product prices are shown in euros and apply to all territories. They include French VAT at the rate applicable on the date of the order.
Orders placed on the Site and delivered outside France may be subject to taxes and customs duties when the package reaches its destination. The Buyer alone is responsible for these duties and taxes. JAJ is therefore under no obligation to check or inform the Buyer of applicable customs duties and taxes.
Prices shown on the Site are guaranteed on the date of the order, subject to availability.
These prices do not include shipping costs, which will be charged separately and shown to the User when the order is finalized.
JAJ reserves the right to change its prices at any time, which the User accepts. However, Products will be invoiced at the prices in effect when the order is recorded, subject to availability.
2.3. INTELLECTUAL PROPERTY
The trademarks, domain names, designs and models appearing on the Site are the exclusive property of JAJ. Any reproduction or use of these trademarks, domain names, designs or models, in any form, is strictly prohibited.
ARTICLE 3 PLACING AND CONFIRMING AN ORDER
3.1 BROWSING THE SITE
Users may view the various Products JAJ offers for sale on its Site. Users may browse the Site’s pages freely without committing to an order.
3.2 PLACING AN ORDER
To place an order, the User selects Products by clicking ADD TO CART. At any time, the User may:
- obtain a summary of the Products they have selected,
- continue or modify their Product selection,
- Complete the Product selection and order the Products by clicking PLACE ORDER.
The contract may also be concluded in English.
To order the Products they have selected after clicking PLACE ORDER, Users must log in by entering their email address and the password they chose when creating their account. To create an account, Users must complete the form provided, entering the information needed to identify them, including their first and last name, mailing address and email address, as well as a personal, confidential password of their choice that they will need to log in to the Site later.
The User is informed and agrees that entering these two credentials serves as proof of their identity and indicates their consent.
3.3 FINAL ORDER CONFIRMATION
After reviewing the details of their order, the User must click the type of card they wish to use for payment to access the secure payment site and finalize the order. The User must then enter their card number, its expiration date and the card security code (the last three digits on the back of the card).
When the User pays immediately by card as provided in Article 6 below, they will be automatically redirected to the payment server of the secure payment platform (hereinafter referred to as “the Bank”). The Bank’s server is secured using SSL (Secure Socket Layer) encryption to protect payment information as effectively as possible. At no point will the User’s banking details pass through JAJ’s computer system. JAJ therefore bears no liability in this regard.
Once payment is confirmed, the order is recorded and becomes irrevocable. The User becomes the Buyer. The order form will be recorded in JAJ’s computer records, which are stored on a reliable and durable medium, and will serve as evidence of the contractual relationship between the Parties.
After placing an order, the customer will receive an order confirmation email.
In accordance with Article 5 below, the Buyer has the right to withdraw and obtain a refund within fourteen (14) business days of receiving the ordered Products.
ARTICLE 4 DELIVERY
JAJ will make every effort to ship the order within an average of two (2) to seven (7) business days, starting the day after the Buyer confirms the order.
JAJ accepts no liability for excessive delivery delays caused by postal services or the carriers used.
If ordered Products are lost or damaged during delivery, the Buyer must submit a claim explaining the circumstances to JAJ customer service at: sav@schott-nyc.fr
Where possible, the Buyer must note any issues observed, such as damage to the package and/or product, on the delivery slip. Ownership of the ordered Products will not pass to the Buyer until the full invoiced price, including delivery charges, has been paid.
Standard Colissimo shipping (home delivery and pickup point) is free.
We offer next-day delivery with Chronopost. If you order before 7 a.m., your order will be delivered the following day, either to your chosen pickup point* with "Express Pickup Point" delivery or directly to your home with "Express Home Delivery". If you order after 7 a.m., your order will be delivered two days later, excluding weekends.
Chronopost shipping rates:
France, pickup point: free
France Express: €15
Other countries and Europe: €15
ARTICLE 5 WARRANTIES
5.1 Statutory warranties of conformity and against latent defects
Customer information:
The Products automatically benefit, at no additional charge and in accordance with the law, from:
– the statutory guarantee of conformity for products that are visibly defective, damaged or do not match the order; and
– the statutory warranty against hidden defects arising from a defect in the materials, design or manufacture of the delivered products that renders them unfit for use.
In this regard, the provisions of Articles L.217-4, L.217-5, L.217-12 and L.217-16 of the French Consumer Code and Articles 1641 and 1648, first paragraph, of the French Civil Code concerning the existence and application of the above warranties are set out below:
Statutory guarantee of conformity:
Article L.217-4 of the French Consumer Code
“The seller shall deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
The seller is also liable for any lack of conformity arising from the packaging, assembly instructions or installation, if the seller was responsible for installation under the contract or it was carried out under the seller’s responsibility.”
Article L.217-5 of the French Consumer Code
“Goods conform to the contract:
1° If they are suitable for the use normally expected of similar goods and, where applicable:
– If they match the seller’s description and have the qualities the seller presented to the buyer in a sample or model;
– If it has the qualities that a buyer may legitimately expect in light of public statements made by the seller, the producer or their representative, particularly in advertising or labeling;
2° Or if they have the characteristics agreed upon by the parties or are suitable for a specific use sought by the buyer, made known to the seller and accepted by the seller.”
Article L.217-12 of the French Consumer Code
“An action arising from a lack of conformity must be brought within two years of delivery of the goods.”
Article L.217-16 of the French Consumer Code
“If, during the commercial warranty granted when a movable item was purchased or repaired, the buyer asks the seller to carry out a repair covered by that warranty, any period during which the item is unavailable for at least seven days shall be added to the remaining warranty period. This period begins when the buyer requests the repair or, if later, when the item is made available for repair.”
In light of the above, the Customer has two years from delivery of the Product to bring a claim against GROUPE JAJ and may choose between repair and replacement of the ordered Product, subject to the cost conditions set out in Article L.217-9 of the French Consumer Code.
The Customer may have the sales contract canceled or obtain a price reduction if the defect is significant and the chosen remedy takes more than one month from the date of the Customer’s request, or if there is no way to bring the Product into conformity.
For 24 (twenty-four) months following delivery of the Product, the Customer is not required to prove that the lack of conformity existed before delivery.
To make a claim under the statutory guarantee of conformity, the Customer must send a registered letter with acknowledgment of receipt to GROUPE JAJ, 25 rue de Romainville, 93100 Montreuil, and return the ordered Product with the invoice.
Statutory warranty against latent defects:
Article 1641 of the French Civil Code
“The seller is liable under the warranty for hidden defects in the goods sold that render them unfit for their intended use or so impair that use that, had the buyer known of the defects, they would not have purchased the goods or would have paid a lower price.”
Article 1648, first paragraph, of the French Civil Code
“The buyer must bring an action arising from latent defects within two years of discovering the defect.”
The Customer may therefore make a claim under the warranty against hidden defects in accordance with Article 1641 of the French Civil Code. In that case, the Customer may choose to cancel the sale or obtain a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
To make a claim under the statutory warranty against hidden defects, the Customer must send a registered letter with acknowledgment of receipt to GROUPE JAJ, 25 rue de Romainville, 93100 Montreuil, and return the ordered Product with the invoice.
Depending on the warranty invoked by the Customer, and provided all the legal conditions for that warranty are met, GROUPE JAJ will, as applicable, refund, repair or replace Products found to be nonconforming or defective.
Refunds for Products found to be nonconforming or to have defects, including hidden defects, will be issued as soon as possible and no later than fourteen (14) days after GROUPE JAJ establishes the lack of conformity or hidden defect. The refund will be credited to the Customer’s bank account or the PayPal account used to pay for the order.
GROUPE JAJ cannot be held liable in the following cases:
- failure to comply with the laws of the country to which the products are delivered,
- in the event of misuse, professional use, negligence or failure to maintain the product on the part of the Customer and,
– in cases of normal wear and tear, accident or force majeure.
GROUPE JAJ does not provide any specific commercial warranty for the Products.
RETURN PROCEDURE
You have 30 days from receipt of your order to request a return and send back part or all of your order.
In accordance with the general terms and conditions of sale, only items that are unworn, unstained, undamaged and unwashed, with their tags and pouch, case or garment bag intact, will be accepted.
Returned items must be in resalable condition.
1 – Click here to access the returns portal, then enter your email address and order number.
2 – Select the item that isn’t right for you and provide the reason for the return. If you are returning several items, then select the additional item(s) and/or quantity to return.
3 – Confirm your return request
Return shipping costs are the customer’s responsibility and vary by country:
- France: €4.95
- Belgium, Germany, Luxembourg and the Netherlands: €7.95
- Spain and Portugal: €8.95
These charges apply to returns made through Chronopost.
* Returns are shipped at the customer’s risk. GROUPE JAJ cannot be held liable if a package is lost or stolen. Customers are advised to use a tracked shipping service and keep the relevant documents so they can track the return until GROUPE JAJ confirms receipt.
Returns must be made EXCLUSIVELY by mail; in-store returns are not available.
6 – Once our team has received and processed your package, provided the return meets the conditions above, a refund will be issued to the payment method used for the purchase (PayPal or credit card) within a maximum of 14 days of receipt of your package at our warehouse.
Depending on the Customer’s bank processing times, the refund may take 5–10 business days to appear in their bank account.
For returns from a country where customs duties apply, the Customer must indicate on the customs declaration that the shipment is a return of goods. Otherwise, the Customer alone will be responsible for any customs duties on the return.
ARTICLE 6 PAYMENT
Unless the server is unavailable, payment will be made immediately online by a payment card issued in France or abroad through the Visa or Eurocard/Mastercard networks via our banking partner Payplug, or in 2, 3 or 4 installments by card through our partner ALMA.
Pay in 2, 3 or 4 interest-free installments on orders of €150 or more, including tax.
Payment by PayPal.
Our financing partner ALMA offers options to pay for purchases of goods and/or services in 2, 3 or 4 installments by card. These payment options are available to individuals of legal age residing in France or the European Union who hold a Visa or MasterCard valid for the duration of the repayment period. ALMA SAS, registered with the Nanterre Trade and Companies Register under number 839 100 575, has its registered office at 176 Avenue Charles de Gaulle 92200 Neuilly-sur-Seine. It is supervised by the French Prudential Supervision and Resolution Authority (ACPR), 4 Place de Budapest, CS 92459, 75436 PARIS CEDEX 09, and registered with ORIAS under number 07 028 160 (www.orias.fr).
ALMA reserves the right to accept or decline your financing application; you have a statutory 14-day right of withdrawal. To learn more, click here.
Please note that if you choose to pay for an order of goods and/or services using these payment options, your personal data will be sent to ALMA to assess your financing application, manage your credit agreement and, where applicable, collect outstanding payments. For more information, click here.
In all cases, JAJ reserves the right to refuse any order or delivery if the limits stated above are exceeded, if there is an existing dispute with the Buyer, if the Buyer has not paid all or part of a previous order, if a banking institution declines to authorize a card payment, or if payment is not made or is made only in part. JAJ cannot be held liable in any such case.
ARTICLE 7 DATA PROTECTION AND PRIVACY
Providing the personal data collected for distance sales is mandatory, as this information is needed to process and deliver orders and prepare invoices. This information is strictly confidential and will not be shared with third parties other than companies affiliated with JAJ, which the User expressly accepts.
In accordance with French Law No. 78-17 of January 6, 1978, concerning information technology, files and civil liberties, the processing of personal information collected on the Site has been declared to the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés). Users have the right to access, modify, correct and delete their personal data. To exercise this right, users must email: sav@schott-nyc.fr
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 LIABILITY
The www.schott-store.com Site is subject only to a reasonable-efforts obligation at every stage, including access to the Site, ordering and delivery of Products, and any subsequent services. The Site cannot be held liable for any inconvenience or damage inherent in using the Internet, including service interruptions, external intrusions or computer viruses.
8.2 FORCE MAJEURE
JAJ will not be liable for any total or partial failure to fulfill its obligations under this contract if the failure is caused by a force majeure event, including disruption of or a full or partial strike affecting postal services, transportation and/or communications, flooding, fire or, more generally, any event beyond its control.
The Parties agree to consult each other as soon as possible to determine together how the order will be fulfilled during the force majeure event.
8.3 PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale are held to be invalid or declared invalid under a law or regulation or following a final decision by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
8.4 SPYWARE AND COOKIES
“When an Internet user visits the Site, JAJ may store information on their device. This information takes the form of "cookies" or similar files. Cookies are data that contain no personal information and are sent from its server to the Internet user’s hard drive. Cookies are used, among other things, to identify users when they log in to the Site and to help them participate in certain events and activities on the Site.
Most Internet browsers allow users to delete cookies from their device’s hard drive, prevent cookies from being stored or receive a warning before a cookie is stored. Internet users should consult their browser instructions or help screen to learn more about these features.”
8.5 IDENTIFICATION OF THE ONLINE RETAILER:
Groupe JAJ
25 rue de Romainville
93100 Montreuil
Company registration number (RCS): 592 013 155 00 128
Share capital: €3,560,939
Intra-Community VAT number: FR32 592 013 155
Email: sav@schott-nyc.fr
Information line: 01 41 58 62 20
8.6 ENTIRE AGREEMENT
These general terms and conditions of sale and the order summary sent to the Buyer together form the entire agreement between the Parties. If these documents conflict, the general terms and conditions of sale will prevail.
8.7 APPLICABLE LAW AND COMPETENT COURTS
These general terms and conditions of sale and the contractual relationship between the Parties are governed by French law. In the event of a dispute, an amicable resolution will be sought before any legal action is taken.