The www.schott-store.com site (hereinafter referred to as the Site), is an e-commerce site, accessible via the Internet network, and available to all users of said network. It is edited by the Groupe JAJ company.
The Site enables Groupe JAJ (hereinafter JAJ) to offer for sale to Internet users browsing the Site (hereinafter referred to as Users) clothing, accessories, decorative items, cosmetics and leather goods which are in large part sold under the protected SCHOTT label (hereinafter the Products). For the purposes hereunder, it is agreed that the User and JAJ shall be referred to together as the Parties and individually as a Party, and that a User having confirmed an order shall be referred to as the Buyer. The User's rights and obligations shall necessarily apply to the Buyer.
The Products are intended for the User's personal use, having no direct relation with the User's professional activity. In this respect, the User's attention is drawn to the fact that the same User may order only five (5) of the same Products. Any order for more than the above number shall not be accepted.
Any order for a Product offered for sale on the Site implies reading and express acceptance of these general conditions of sale, which shall be expressed by marking the box «Mark this box to confirm that you have read and accepted the GCS».
In accordance with the provisions of Articles 1316 to 1316-4 of the Civil Code, as completed by Decree Number 2001-272 of 30 March 2001 relating to electronic signatures, the fact of having marked the box «Mark this box to confirm that you have read and accepted the GCS» after reading these general conditions of sale, as well as confirmation of the order as set out in Article 3.3 hereinafter, constitutes an electronic signature that, between the Parties, has the same value as a handwritten signature and constitutes proof of the order in its entirety and the payability of the sums due for the filling of said order.
The User may save or print these general conditions of sale provided he does not alter them.
ARTICLE 1 PURPOSE
The purpose of these general conditions of sale is to define the rights and obligations of the Parties arising from the on-line sale of the Products offered on the www.schott-store.comSite.
They govern the various phases necessary for placing an order and ensuring the monitoring of this order between the Parties. They shall apply between the Parties to the exclusion of any other document.
ARTICLE 2 PRODUCTS, PRICES, INTELLECTUAL PROPERTY
The Products offered for sale are those appearing on the Site on the day the Site is consulted by the User, within the limit of available stock. If any one of the Products is not available, the Buyer shall be promptly informed of this fact.
According to Article 1369-4, paragraphs 1 and 2 of the Civil Code, «without prejudice to the conditions of validity specified in the offer, the person making such offer shall be bound by it so long as it is accessible by electronic means on his authority.» Accordingly, absent any conditions of validity specified in the offer, the offer shall remain valid so long as it is accessible by electronic means on the authority of the person making the offer. The unavailability of a Product should therefore be mentioned on the Internet site as quickly as possible.
The prices of the Products are indicated in euros and are valid for all territories. They include the amount of French VAT applicable on the day of the order.
Any order placed on the Site and delivered outside of France may be subject to taxes and customs duties which are due when the package arrives at its destination. Any such customs duties and taxes shall be at the exclusive charge of the Buyer and under its sole responsibility. JAJ shall therefore not be obliged to verify and/or inform the Buyer of any applicable customs duties and taxes.
The prices indicated on the Site are guaranteed on the day of the order and within the limit of available stock.
Such prices are net of shipping costs, which shall be additionally invoiced and indicated to the User at the time of final confirmation of his order.
JAJ reserves the right to modify its prices at all times, which the User so accepts. Nevertheless, the Products shall be invoiced based on the prices in effect at the time of order registration, subject however to the availability of such Products.
2.3. INTELLECTUAL PROPERTY
Trademarks, domain names and drawings and models appearing on the Site are JAJ's exclusive property. Any reproduction or use of such trademarks, domain names or drawings and models in any form whatsoever is strictly prohibited.
ARTICLE 3 ORDER REGISTRATION AND VALIDATION
3.1 BROWSING WITHIN THE SITE
The User may consult the various Products offered for sale by JAJ on its Site. The User may freely browse the various Site pages without ordering.
3.2 ORDER REGISTRATION
If the User is desirous of placing an order, he shall select various Products by clicking on the ADD TO CART button. At all times the User may:
- obtain a recap of the Products he has selected,
- continue or modify his selection of Products,
- terminate his selection of Products and order such Products by clicking on ORDER.
Conclusion of the contract may also be made in English.
In order for the User to order the Products he has selected after having clicked on the ORDER button, he must identify himself by entering his e-mail address as well as the pass word he has previously selected when setting up his account. In order to have an account, the User must fill out the form made available to him on which he shall indicate the information necessary for his identification, in particular his first and last names, postal address, e-mail address and a pass word he has selected, which shall be personal and confidential and which he will need in order to subsequently identify himself on the Site.
The User is hereby informed and agrees that the entry of such log-in data constitutes proof of his identity and his consent.
3.3 FINAL CONFIRMATION OF THE ORDER
After verification of the status of his order, and in order to access the secure payment site, the User shall click on the type of card that he wishes to use to make payment in order to finally confirm his order. The User shall then transmit the number of his bank card, depending on the type of card, its expiration date, as well as the visual security code (the last three numbers on the back of the card).
By making immediate payment by bank card as provided for at Article 6 hereinafter, the User shall be automatically transferred to the electronic payment server of the secure electronic payment platform (hereinafter referred to as the Bank). The bank server shall be secured by S>S>L (Secure Socket Layer) encryption so as to protect all the data connected to the means of payment as effectively as possible and that at no time shall the User's banking data pass through JAJ's IT system. JAJ shall therefore not incur any liability in this respect.
Once payment is validated, the order shall be registered and becomes irrevocable. The User shall become the Buyer. The order form shall be registered in JAJ's IT registers, which in turn are kept on a reliable and durable medium, and shall be considered as proof of the contractual relations between the Parties.
After placing his order the customer shall receive an e-mail confirming it.
In accordance with Article 5 hereinafter, the Buyer shall have a right of withdrawal and reimbursement for a period of seven (7) business days as from the date of receipt of the ordered Products.
ARTICLE 4 DELIVERY
JAJ shall make best efforts in order that the order be shipped within two (2) to seven (7) business days as of the day following the day on which the Buyer confirms his order.
JAJ refuses any liability in case of excessive delays in delivery times due to the fault of the postal services or the means of transportation that are used.
In case of loss of ordered Products or damages sustained by such Products in the course of delivery, the Buyer shall make a justified claim to JAJ's customer services, at the following e-mail address: Nelly Dauman
To the extent possible, the Buyer shall mention any anomalies noted (damaged package and/or Product) on the delivery slip. Furthermore, title to ordered Products shall pass to the Buyer upon receipt in full of the invoiced price, including delivery costs.
ARTICLE 5 WARRANTIES
5.1 SATISFIED OR REIMBURSED
In accordance with Article L121-20 of the Consumer Code, the Buyer shall have a right of withdrawal during a period of sixty (60) days in order to return the Product or Products he has ordered, at his expense, if for any reason whatsoever such Product or Products are not satisfactory. This time period shall begin to run as of receipt of the Product or Products.
Only those Products which have not been worn nor washed, and returned with their labels and tags intact, shall be taken back by JAJ.
This right may be invoked by the customer without having to justify any reasons therefor nor pay any penalties, with the exception of the cost of return, as the case may be.
The Product or Products must be returned in their original packaging and wrapping to the following address:
GROUPE JAJ / Customer Service / 40-48 rue Beaumarchais / 93100 MONTREUIL / FRANCE
In order to exercise his right of withdrawal, the customer shall contact JAJ's clientele service by the following means: postal letter sent to:
GROUPE JAJ / Customer Service / 40-48 rue Beaumarchais / 93100 MONTREUIL / FRANCE
The Buyer shall attach a photocopy of the invoice for the Product or Products to the returned item or items.
If all the above mentioned conditions are met, JAJ shall reimburse the Buyer within thirty (30) days as from the date of receipt by JAJ of the package (the date of shipment by the Buyer amounting to notification to JAJ of the Buyer's exercise of his right of withdrawal) the amounts paid by the Buyer, excepting the cost of return of the Products, which shall be borne by the Buyer.
5.2 DEFECTIVE PRODUCT
The Buyer shall benefit from the legal warranty against latent defects.
If, in spite of the care taken by JAJ at the time of preparing the orders, one of the Products proves to be defective, the Buyer shall have seven (7) days as from day of delivery to return the defective Product, at the Buyer's expense, for exchange or reimbursement.
The Product shall be returned in its original packaging and wrapping to the following address:
GROUPE JAJ / Customer Service / 40-48 rue Beaumarchais / 93100 MONTREUIL / FRANCE.
The Buyer shall attach a photocopy of the invoice for the Product to the returned item. Any claim made after expiration of this seven-day time limit shall be refused and JAJ shall be released from any and all liability in this respect.
If the above mentioned conditions are met, JAJ shall exchange or reimburse the defective Product or Products within thirty (30) days as from the date of receipt by JAJ of the package.
ARTICLE 6 PAYMENT
Unless the server is unavailable, payment shall be made immediately on the Internet by means of a payment card issued in France or a payment card issued abroad by the Visa, Eurocard/Mastercard and/or American Express networks.
In any event, JAJ reserves the right to refuse any order or delivery if the above ceilings have been exceeded, in the case of a dispute with the Buyer, the Buyer's failure to make partial or full payment of a prior order, refusal by banking establishments to authorize payment by bank card, or non-payment or partial payment. In such case, JAJ shall not incur any liability.
ARTICLE 7 DATA PROCESSING AND FREEDOMS
The input of nominative data collected in connection with distance selling is mandatory, such information being necessary for processing and delivery of orders, as well as for invoicing purposes. Such information is strictly confidential and shall not be transmitted to any third parties with the exception of JAJ's affiliates, which the User hereby expressly accepts.
In accordance with Law no.78-17 of 6 January 1978 on data processing, files and freedoms, the processing of nominative information collected on the Site has been declared to the National Data Processing and Freedoms Commission. The User shall have a right of access, modification, correction and deletion of data concerning himself. In order to exercise such right, the User shall send an e-mail to the following address: [email protected]
The obligation of the www.schott-store.com Site with respect to all stages of access to the Site, Product ordering, delivery thereof, or any other subsequent services shall be limited to an obligation to use all reasonable means to achieve a desired result. The Site shall not be liable for any inconveniences or damages inherent to the use of the Internet, in particular, interruption of service, external intrusion or the presence of viruses.
8.2 FORCE MAJEURE
JAJ shall not be liable for total or partial failure to perform its obligations hereunder if such non-performance is caused by an event constituting a case of force majeure, in particular in case of disturbance or total or partial strike, in particular of the postal services and means of transportation and/or communication, floods, fires and, in general, any event beyond its control.
The Parties agree to consult with each as quickly as possible so as to mutually determine the terms and conditions for filling the order during the duration of the case of force majeure.
8.3 PARTIAL INVALIDITY
If one or several provisions of these general conditions of sale are invalid or found to be invalid pursuant to a law, regulation or following a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect.
8.4 SPY WARE AND COOKIES
«At the time of an Internet user's visit of the Site, JAJ may store information on his terminal. Such information shall be in the form of cookies or similar files. Cookies are data that contain no personal information sent via its server to the Internet user's hard disk. The role of cookies is more specifically to identity the Internet user when he connects to the Site and facilitate his taking part in certain events and activities on the Site.
Most Internet browsers allow for deleting cookies from the terminal's hard disk, preventing the placing of cookies or receiving a warning before the placing of a cookie. Internet users are asked to refer to their browsers or help screen instructions for more information on these functions.»
8.5 IDENTIFICATION OF THE E-MERCHANT:
Company Groupe JAJ
Register of Trade and Companies 592 013 155 00060
Intra-Community VAT FR32 592 013 155
40-48 rue Beaumarchais
E-mail: Nelly Dauman
Infoline: 01 41 58 62 20
8.6 ENTIRE AGREEMENT
These general conditions of sale and the recap of the order transmitted to the Buyer form a single contract and constitute all of the contractual relations between the Parties. If there is a contradiction between such documents, the general conditions of sale shall prevail.
8.7 APPLICABLE LAW AND JURISDICTION
These general conditions of sale and the contractual relations between the Parties shall be governed by the laws of France. In the event of a dispute, the Parties shall seek to amicably resolve it before taking any legal action.