JAUBALET (Hereafter referred to as the « Company ») designs, creates and sells jewelry worldwide. In order to meet the needs of its Customers, the Company set up a remote selling system on the Internet. The website is operated by Jaubalet, the author.
ARTICLE 1 – SCOPE
The present General Terms and Sales Conditions are applicable to all items bearing the trademark of the Company and sold remotely mainly on the www.jaubalet-paris.com Internet website or by any other direct link, hereafter referred to as the « Site »:
1.orders placed by Customers who are individuals in their role of consumer (legal meaning and jurisprudence). Any individual who purchases items exclusively for his or her personal use is considered a Customer.
2. with the intent of delivery to the same said Customers, indiduals who act on their own behalf or on the behalf of a third party legally also considered a consumer.
Any and all sales of remotely purchased items bearing the Company’s trademark are subject to the present General Terms and Sales Conditions, that the Customer acknowledges and accepts. The said terms and conditions may be modified or updated. The terms and conditions in effect on the day and at the time the purchased items are paid will be applied.
The system, set up as such which supposes a deliberate action on the part of the customer, meets the requirements concerning remote sales in every respect notably, by articles L.111-1, L113-3 and t L121-18 of the French system and following French Consumer laws.
In the event, the present General Terms and Sales Conditions are removed from the Site or subsequent to the date of the removal from the Site, the present General Terms and Sales Conditions are accessed by the public via another Internet website or other means, they will no longer apply to JAUBALET.
The present General Terms and Sales Conditions apply specifically to remote sales and cannot replace, amend or modify the Legal Notice governing the conditions of use of the Site and more specifically the provisions dealing with Intellectual Property Rights.
ARTICLE 2 – INDENTIFICATION OF THE AUTHOR
JAUBALET is a French limited liablitiy company with a capital of € 4.000 registered with the French « Registre du Commerce et des Sociétés de Paris » under number RCS PARIS 501 938 559. Its corporate office is located 16, Place Vendôme 75001 Paris
Telephone + 33 (0) 1 53 45 54 10
Email address: firstname.lastname@example.org
VAT FR 08501938559
ARTICLE 3 – CONTENTS OF THE OFFER AND LIMITED LIABILITY
3.1 Our items and prices are valid as long as they are visible on the website and while stocks last.
Even though Jaubalet makes every effort concerning the accuracy of the information put online, the item descriptions, information available at Customer Service or on the Site or in shops, the Company cannot be held liable for insignificant errors that may occur. In the same way, these photographs are only indicative and are not binding, although the photographs and other reproductions of items on the Site faithfully represent them and this within the technical limits and in respect of the best market standards. In any case, in the event that a delivered item does not correspond to the description of the item, the Company shall correct its error according to the conditions, articles 8 and 9 therein.
More generally speaking, the Company cannot be held liable for:
1. interruptions or delays recorded by the website due to maintenance, technical breakdowns, force majeur, third party errors, or any circumstances whatsoever beyond the Company’s control;
2. the impossibility of a Customer to momentarily access the site, due to situations beyond the Company’s control such as computer breakdown or Internet network failure;
3.2 the « To be customized/custom design » option that allows the Customer to create his or her own jewelry according to his or her tastes and budget in addition to remotely purchasing items, available on the website. The goal is to allow the customer to choose from a selection of items, to choose the material (yellow, pink or white gold, platinum) then the gemstone (diamonds, emeralds, blue sapphires, pink sapphires and rubies).
ARTICLE 4 – INTELLECTUAL PROPERTY
All of the names of lines, drawings, models of the items that appear on the website as well as the domain name are the exclusive property of JAUBALET. All intellectual property rights linked to these items, created « customized / custom designed are and will remain the property of JAUBALET. Any use, reproduction even partial reproduction of the drawings, models, brand names of the lines is completely prohibited.
ARTICLE 5 – ORDER AND DELVERY TERMS
5.1 To place an order, a Customer must be over 18 years of age and legally considered an adult. Orders are accepted depending on stock availability and production possibilities. In that respect, the Customer is informed of the delivery deadline when placing the order.
Despite the Company’s attentiveness, an item ordered may no longer by available. In that case, the Company will use all means (phone or email) to inform the customer and reimburse him or her as soon as possible by the means used when billed i.e. the Customer’s bank account or credit card will be credited.
The delivery deadline is given as a rough estimate. Although the Company promises to make every effort to meet the deadline announced, it cannot be held contractually responsible in the event of delay. In other words a reasonable delay (within 30 days of the delivery deadline given when the order was placed) of the delivery deadline indicated does not constitue a reason for cancellation of the sale between the customer and the Company or rendering it nul and void.
5.2 The Customer vouches that all of the information communciated to JAUBALET concerning the order is exact and current, and complies with these General Terms and Sales Conditions. Failing that, the Company reserves the right to simply cancel the order and the payment.
Bear in mind that the Comany gathers personal information when the order is placed. This information includes: customer identity, a loggin or email address, a password for the account the customer has on the website, a telephone number, the customer’s home address, address for delivery, and payment means. This information is necessary to process the order and can be communicated to partners under contract with the Company and involved especially in filling the order.
More precisely, the Customer is informed that this personal information is also collected by our bank, bank in charge of taking payment for the orders and the fight against credit card fraud. The occurrence of an unpaid note for fraudulent use of a credit card will lead to the opening of a payment incidence file by our bank. In this same context, irregularities communicated by the Customer or in the order may also be treated by our bank.
In accordance with the law on « Informatique et Libertés of January 6th 1978 » (French Data Protection Act), a customer has the right to access his or her personal information, have changes made, information rectified or deleted or opposition.
To exercise this right, simply write to:
JAUBALET, Service Relations Clientèle, 16 place Vendôme 75001 Paris France
For use by the Company, the Customer can exercise this right by writing and justifying his identity.
5.3 The Company has the right to refuse any order (i) placed by a Customer with whom there is litigation concerning payment of a previous order; or (ii) that does not comply with the present General Terms and Sales Conditions.
If the Company notices that the order does not comply with the present General Terms and Sales Conditions (for example a wrong address) the Customer will be informed within a maximum of six (6) days by telephone or by email. dépassement des seuils de commande – over threshold/exceeding), Failure of the Customer to correct these elements with the Company or the elements not complying with the present General Terms and Sales Conditions appearing on the order form, the Company reserves the right to cancel the order and thus the payment.
5.4 No changes can be made on the order or the order cannot be canceled once payment has been made according to the conditions in the General Terms and Sales Conditions. The customer must verify the contents of his or her order as quickly as possible and immediately report any errors or omissions to JAUBALET. The information recorded on the Site constitutes proof of all of the transactions between JAUBALET and the Customer. In the event of litigation between JAUBALET and one of its customers concerning a transaction made on the Site, the information recorded by JAUBALET is considered irrefutable proof of the contents of the transaction. For every purchase, the bill of sale will be available in the column « My Account » on the Site.
ARTICLE 6 – ORDER AND PAYMENT MEANS
Placing an order on the Site is subject to strict respect of the procedures described on the various screens leading to the confirmation of the order. Customers have the choice between paying with a credit card or by bank transfer. When payment is made by credit card, the Customer accepts in advance and unconditionally that the Company proceeds to secure transaction. The Customer therefore authorizes its bank to debit its account in view of the records and statements transmited by the Company, even in the absense of the cardholder’s handwritten signature. The authorization to debit the Customer’s account is given for the amount of the item(s) purchased and as billed by the Company. The Customer’s credit card is debited within a maximum of six (6) days. If for any reason whatsoever (blocked payment or refusal by the credit card company or bank) the amount owed cannot be debited, the order will not be processed by the Company.
The sale takes effect and therefore constitutes a binding agreement between the Company and the Customer once the sum owed by the customer has been received in full by the Company either by bank transfer or by credit card.
Generally speaking an express agreement, especially concerning the nature of the item and the date of the order, exists between the Comapny and the customer due to the exchange of electronic mail between the two parties or through the automatic registration of the transaction used by the Customer Service department on the website.
ARTICLE 7 – ITEM PRICES AND DELIVERY CONDITIONS
The prices listed on the Site are indicated in Euros and include all taxes (TTC), except delivery charges. The taxes in question do not concern any customs duty or other sum a customer may have to pay in relation to his individual tax situation. The prices billed are those in effect at the time of the order. Shipping is paid for by the Company. Delivery takes place at the address given when the order is placed. It is understood that under no circumstance, can the order be delivered to a hotel, a post office box or a specific postal code for corporate users.
In that respect, the Customer ensures that the address given at the moment of the order is the customer’s exact home address. Delivery can only take place once payment has been processed.
Orders will be shipped from Monday through Friday except legal holidays. Delivery of goods must be made to an individual of at least 18 /21 years of age and be considered an adult. Adult signature is required either hand signed or electronically signed. Three (3) attemps to deliver the parcel will be made. If the parcel is refused or has not been delivered after three (3) attempts, the parcel will be returened to JAUBALET. In case of absence, a notice will be placed in the recipient’s mail box. The customer can contact the delivery company to schedule another time for the delivery. Upon delivery, the recipient must verify that the items correspond to the order. In the event of anomaly, the recipient should handwrite on the delivery slip subjet to, followed by the observed anomolies (parcel opened or damaged, item damaged or missing…) and indicate if possible on the delivery receipt. The Customer must contact Jaubalet by telephone or by email.
ARTICLE 8 – PAYMENT CONDITIONS
a) The Customer can pay for the goods by the following means:
– the following credit cards: Carte bleue, Visa, Mastercard, American Express, JCB
– bank transfer
b) For any order exceeding €10,000, payment must be made by bank transfer to the JAUBALET account.
ARTICLE 9 – RETURN POLICY AND COOLING OFF PERIOD
In accordance with the provisions in articles L.121-20 and the French Consumer Code, the Customer is entitled to a 7-day cooling off period (seven calendar days) following reception of the item(s) whereby during that period the customer can change his mind for any reason and return the item receivedf, and this without having to justify his/her reason. In accordance with this provision, the Customer must return the delivered item within the legal cooling off period and the item must be returned in the original packaging, in perfect condition, complete with any accessories, instructions, waranty… as well as with a copy of the bill of sale. If the sale concerns a non mounted diamond, no return will be accepted if the diamond’s presenation box has been open ed, i.e. if the wax seal has been broken. The Customer must inform the Company’s Customer Service department who will provide him/her with a number that must be mentioned on the bill of sale returned with the item. It is the Customer’s responsibility to keep any proof of this return, which supposes that the item has been returned be certified post or by any other means attesting the return date. Any cost incurred will be paid by the customer and a sum of 70 euros will be subtracted by Jaubalet from the amount to be reimbursed to cover administration costs. Reimbursement of the price billed and received by the Company less the administration fee, will be made by crediting the customer’s bank account, not later than thirty 30 days following reception of the returned item(s). The customer can choose to receive a credit note for the amount of the order. Under those circumstances, the price billed will not be reimbursed. Any item (s) returned which is/are incomplete, damaged, deteriorated, dirty due to the Customer’s handling will not be totally reimbursed. Similarly, a credit note for the billed amount cannot be provided. The amount reimbursed will take into account the repairs necessary to return the item(s) to its original state.
Custom-designed items cannot be returned.
In some cases and within the ten-day (10) cooling off period, the customer can choose to exchange the item for another equivalent one. A Customer’s request for an exchange will be granted on a case by case basis by the Customer Service Department. This service is in no way automatic and is subject to sole discretion of the Customer Service Department.
ARTICLE 10 – COMPLIANCE AND GUARANTEE
The Customer must verify that the item(s) delivered correspond to the item(s) ordered. In the event that the item(s) does/do not correspond to the item(s) ordered, the customer must inform the Company as soon as possible by phoning the Customer Service Department at the number and at the times indicated in article 3 above or by email at the following address: email@example.com. The Customer must prove that the item (s) does/do not correspond the one (s) ordered. Upon agreement of the Company to return the item(s), the Customer must return the item(s) in question in the original packaging, in perfect condition, complete with any accessories, instructions, waranty… as well as with a copy of the bill of sale and the Return/exchange form to the address indicated on this form. The returned item must be sent by registered mail or another means ascertaining the date. Return postage is payable by the Company if the non conformity if the item is acknowledged by the Company. Failure to be able to exchange the item and refusal of the customer to receive a credit note, the amount of the item ordered and paid for will be reimbursed on the customer’s bank account following reception of proof of postage.
Nonwithstanding any specific warranty conditions that may have been given to the customer with the delivered item(s), the Company’s items are subject to the folowing guarantees:
Article L. 211-4 French Consumer Code: « The seller is responsible for delivering merchandise complying with the contract and any non compliance existing when the merchandise is delivered. It as also responsible for any non compliance resulting from packaging, assembly or installation instructions when put under his responsibility by contract or performed under his responsibility ».
Article L. 211-5 French Consumer Laws: « To comply with the law, the item must:
1° be suitable for the habitual utilisation expected from such merchandise, where appropriate:
– correspond to the description provided by the seller and possess the qualities presented to the buyer as a sample or a model;
– present the qualities a buyer can legitimately expect from the public declarations made by the seller, the producer or his representative, notably in advertizing and labeling;
2º or present the characteristics mutually defined by both parties or suitable to any special usage requested by the buyer and made known to the seller and the seller has accepted ».
Article L. 211-12 French Consumer Law : « Action resulting from non compliance lapses two years following the delivery of the merchandise. ».
Article 1641 French Civil Code: « The seller shall guarantee against hidden defects in the item sold which makes it unsuitable for the destined usage or which diminishes the usage to the extent that the buyer would not have purchased it or would have paid less if he/she had been aware of the hidden defects.
Article 1648 subparagraph 1e of the French Civil Code : « Any action resulting from hidden deffects mut be filed by the buyer as quickly as possible, according to the nature of the hidden defects ».
ARTICLE 11 – LIABILITY
The customer must respect French legislation in so far as the legislation applies to him/her. The company shall not be held responsible in the event of the Customer’s failure to comply with the legislation in effect in the country the order was delivered. It is the Customer’s responsibility to verify the applicable rules with the competent local authorities.
Product photographs are presented for illustration purposes only. Consequently, the Company is not liable for any differences between product photos and the products ordered and delivered. The Customer is invited to view the description of the product to know its specific characteristics. sont présentées à titre illustratif seulement. Except in the event of fraud or willful misconduct and except in case of responsibility due to defective products, the Company’s accepts no liability for any loss other than the terms in the contract that may occur, and is limited to the repair of any foreseeable damages whether direct or consequential suffered by the Customer resulting from the Company’s negligence, the repairs can not exceed under any circumstance, the amount of the last purchase and this even if the Company has been informed of the possibility of the loss.
It is specified in the framework of the Contract, that the Company does not accept liability for any loss of income or revenue, loss of business, loss of profits or contract, loss of data, waste of management or office time, damage to image or any claims made by third parties or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The Company will not be liable to the Customer for any damage caused by (i) the Customer’s action, omisssion or fault; (ii) in case of force majeure as defined by jurisprudence in France; (iii) any third party not linked to the Company, for the execution of the Contract (for example, in the event of issues resulting from the performance of the customer’s IT equipment internet connection or telecommunication failure; or (iv) any other event the Company or its suppliers had taken reasonable precautions.
In particular the following are considered pertaining to the customer’s fault or omission: any damage or loss suffered due to the incompatibility or inadaptability of the hardware and software to the Site and/or absence of reasonable protection against damaging programs, devices or communication as it is the customer’s sole responsibility to (i) check that his/her computer and or telecommunication equipment is adapted and compatible with the Site, (or have it checked) before using the Site and (ii) set up and ensure any necessary protection against harmful programs, devices or communication means, especially by using an anti-virus.
The Site can contain links with other Internet websites. The sites are not under the control of the Company and the customer acknowledges that the Company is not responsable for the accuracy, respect of intellectual property right, the legality, the decency or any other content aspect of these sites. The inclusion of a link does not imply any approval by the Company and nor any association with its owners. The Company cannot ensure that the customer will be satisfied with any product or service whatsoever that he/she will acquire on a third party site, that is connected by a hyperlink whetehr to or from the Site taking into consideration that the other channels operated by other online merchants belong to the independent merchants and are operated by them. The Company promotes no goods and has taken no measures to confirm the exactitude or reliability of whatever information appearing on these third party sites. The Customer is highly adivsed to conduct research he/she deems necessary or appropriate before making any electronic transaction whatsoever with one of these third parties.
Without prejudice to the provisions of articles L. 211-12 of the French Consumer Code and 1648 of the Civil Code (reminded in article 5.1.2 above) and with other legal provisions that are not contrary, the Custome accepts to make a claim or take action with its origin linked to the use of part or all of the Site or the Contract should be formulated or legally filed within one (1) year of the following two dates, statuatory limit: the date the claim was made for the first time or the date on which the cause for claim appeared for the first time.
ARTICLE 12 – INFORMATION ABOUT THE GEMS / DIAMONDS AND GUARANTEE OF AUTHENTICITY
JAUBALET guarantees the authenticity of all of the Items purchased on the Site. The Items on the site bearing the JAUBALET tradename are produced with exceptional quality materials and by highly skilled craftsmen. All the Items are produced in France. All the the diamonds with a carat weight over 0,30 are certified by the HRD or the GIA.
The diamonds the Company uses come from a legitimate source not involved in financing armed conflicts in compliance with the United Nations resolutions (Security Council Resolutions N°1173, 1176 et 1306). The Company bases its knowledge, and/or its guarantees on its suppliers’ written guarantees certifying that the diamonds are « conflict free ».
All of the « sapphire » pave used by the Company can be treated to enhance the color.
ARTICLE 13 – FORCE MAJEURE
The execution by the Company of all or part of its obligations will be suspended in the event of unforeseeable circumstances or force majeure which may interfer or delay the execution. The following list is not exhaustive. Circumstances considered as such include: war, riots, insurrection, social unrest, telephone breakdowns, computer failure or a serious breach in the security of the Internet network, strikes of all nature, and supply issues. The Company shall inform the Customer of such unforseen circumstance(s) or force majeur within seven days of the occurence. In the event that the supension of the execution of the Company’s obligations continues beyond fifteen (15) days, the Customer will then be able to cancel the order underway, and the Company shall reimburse the Customer by crediting the customer’s bank account without delay.
ARTICLE 14 – NON WAIVER CLAUSE
The fact the Company refrains from demanding the execution of any provision of the present General Terms and Sales Conditions at a time or another cannot be interpreted as waiver to invoke the said partial or total non-fulfillment at a later date.
ARTICLE 15 – VALIDITY OF GENERAL TERMS AND SALES CONDITIONS
If any of the provisions of the present General Terms and Sales Condtions is ruled nul either partially or totally, the other provisions and the other rights and obligations derived from these General Terms and Sales Conditions shall remain unchanged and shall be applicable.
ARTICLE 16 – ERRORS AND INACCURACIES
JAUBALET constantly updates the information published on the site. It cannot however guarantee the absence of errors. The site can contain typing errors, inaccuracies or omissions some of which can concern the price or the availability of an Item and the description of the Item itself. JAUBALET reserves the right to correct the errors, inaccuracies or omissions including after an order has been shipped and also reserves the right to change or update information at any time without prior notice.
ARTICLE 17 – LITIGATION – APPLICABLE LAW
The present General Terms and Sales Conditions are subject to French law. In the event of an issue occuring a the time of the order or delivery of the Company’s item(s), the customer will have the possibility to seek an out of court settlement, notably with the assistance of a consumer association or any other counsel of his/her choice.
Any litigation that may arise from the interpretation or the execution of the present General Terms and Sales conditions is under the authority of the French courts