General Conditions of Sale
Preamble
This website "http://www.Jasmine-collections.com" is the property of the company Jasmine Collections, registered in the trade and companies register under number 82345666000013, whose head office is located at Rue du mail 95310 St Ouen L'Aumone.
Email: Jasmine.collections@hotmail.com
Article 1: Introduction
These general terms and conditions of sale (“GTC”) govern the contractual relations between any non-commercial natural person (“the Customer”) wishing to make a purchase on the Website “http://Jasmine-collections.com”, and the company JASMINE COLLECTIONS (“the Seller”).
The Seller reserves the right to modify these T&Cs at any time by publishing a new version of the T&Cs on its website. The applicable T&Cs are those in effect on the date of payment of the order. By validating his order, the Customer declares having read and accepts without reservation these T&Cs.
Article 2: Purpose of the T&Cs
The General Terms and Conditions aim to define the terms of sale between the Seller and the Customer, starting from the placing of the order.
Article 3: Price
The prices of the products on the Site are prices indicated in euros, all taxes included. The prices of the products are those in effect at the time the order is registered by the Customer. Shipping costs are indicated in addition. The telecommunications costs necessary for accessing the website are the responsibility of the Customer.
Article 4: Payment terms
The products and services presented on the site are payable online, at the time of ordering.
Payment for purchases by the Customer may be made:
• by Visa or MasterCard bank card
• by PayPal
The debit from the Customer's bank account is made within hours of the order. The debit from a PayPal account is immediate. The goods delivered and invoiced to the Customer remain the property of the Seller until full payment of the price. For any questions or technical problems related to payment, support is at your disposal by email (Jasmine.collections@hotmail.com).
Article 5: Order
For any first order, the Customer must follow an account creation procedure indicated on the Website. In the event of loss or forgetting of the password, the Customer can go to his customer account and by clicking on "forgotten password", receive his password at the email address provided at the time of registration. In order to be able to place an order on the Website, the customer must have previously identified himself with his name, email address or customer number and his password, then follow the following specific steps:
• the Customer is informed of the essential characteristics of the selected product(s) that he wishes to purchase. The first click validates the order.
• The Customer then proceeds to verify the elements of the order and correct any errors.
The second click, on the button titled "I confirm my order and I pay", is only possible after having checked the box "I have read and accept the general conditions of sale". The Customer's order is confirmed once he has made the payment.
• An email confirming his order, in which these General Terms and Conditions are included, is then sent to him.
Article 6: Delivery
Products ordered on the Website can be shipped to mainland France and abroad upon prior request, to the address indicated when ordering. Delivery costs are the responsibility of the Customer. They are indicated to him when he checks the availability of his product. Before the consumer is bound by a sales contract, the delivery time is indicated to him on the product page.
The professional undertakes to deliver the goods on the date or within the period indicated to the Customer. In the absence of an indication or agreement as to the delivery date, the professional delivers the goods without undue delay and at the latest 30 days after the conclusion of the contract.
If the professional has failed to fulfil his obligation to deliver on the scheduled date or on expiry of the scheduled period, or failing that, no later than 30 days after the conclusion of the contract, the customer may terminate the contract.
To do this, the Customer must make his request to the professional Seller by registered letter with acknowledgement of receipt or in writing on another durable medium, after having ordered him, in vain, to make the delivery within a reasonable additional period. The contract is considered terminated upon receipt by the professional of the letter or writing informing him of this termination, unless the professional has performed in the meantime. In the event that the professional refuses to deliver the goods or does not fulfill his obligation to deliver the goods on the date or at the end of the period provided, the Customer may terminate the contract immediately, provided that this date or period constitutes an essential condition of the contract for the customer.
This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
The professional then undertakes to reimburse the client for all sums paid, at the latest within 14 days following the date on which the contract was terminated.
The Customer must ensure at the time of delivery of his order that the product(s) are in good condition and that he has the number of packages announced. If the product(s) delivered is (are) not compliant in nature or quantity with the specifications indicated on the delivery note attached to the shipment or has (have) suffered damage during transport, the Customer must complete the delivery note, reporting the damage due to transport and legibly writing his reservations.
In the event that the Customer has not collected his order within the allotted time (delivery to a “relay point”), the costs of returning the order shall be borne by said Customer.
Jasmine Collections declines all responsibility in the event of an address error made by the buyer. This is why all buyers are asked to be scrupulous in this regard.
Jasmine Collections declines all responsibility linked to possible delays, thefts, losses or damage to the package by the carrier. (La Poste / Mondial Relay)
The “Letter tracking” delivery method (strictly reserved for light items) does not give rise to any recourse or compensation in the event of loss/theft; the customer is informed of this by accepting these general conditions of sale.
Article 7: Right of withdrawal / Return – Exchange
In accordance with Article L. 121-21 of the Consumer Code, the Customer has a period of seven days from receipt of the goods to return the product ordered to the Seller.
Products must be returned in their original packaging, unused, accompanied by proof of purchase as well as any accessories and the duly completed and signed return form.
No refund is possible if the product has been damaged by the Customer or if it is returned incomplete. The return costs remain the responsibility of the Customer.
The Customer informs the professional of his decision to exercise his right of withdrawal by sending him by post, before the expiry of the period provided, the withdrawal form present in the Appendix to these General Terms and Conditions or any other declaration, expressing his wish to withdraw. The Customer may prefer to transmit online the withdrawal form that was given to him.
These same conditions are valid in the event of a return request entitling you to a refund: no exchange will be offered.
Accessories such as lingerie, bodysuits, swimsuits and jewelry are not eligible for any returns/refunds.
Items benefiting from a discount or promotion are not eligible for any return or exchange.
Please send us an email if you wish to exercise your right of withdrawal.
Article 8: Guarantees
All products on sale on the Website are subject to the legal guarantee of conformity (articles L. 211-1 et seq. of the Consumer Code), and to the guarantee against hidden defects (articles 1641 et seq. of the Civil Code).
Article L. 211-4 of the Consumer Code: "The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been placed on him by the contract or has been carried out under his responsibility."
Article L. 211-5 of the Consumer Code: “To comply with the contract, the good must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the latter presented to the buyer in the form of a sample or model;
– present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Article L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the good.”
Article 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them.
Article 1648, paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”
Article 9: Responsibilities
The Seller undertakes to describe the products sold on the Website as accurately as possible. However, the Seller shall not be held liable in the event that the failure to perform its obligations is attributable to a case of force majeure as defined by French case law. Any irresistible, unforeseeable facts or circumstances beyond the control of the parties shall be considered as unforeseeable circumstances or force majeure that exempt from liability. Similarly, the Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet, such as a service outage or the presence of computer viruses.
Article 10: Intellectual property
All elements of the Website, such as trademarks and logos are the exclusive property of JASMINE COLLECTIONS. They cannot therefore be used under penalty of counterfeiting. Only a copy of the documents on a computer may be downloaded for the Client's personal use, solely for non-commercial purposes and provided that the Client does not modify the information contained. Any total or partial reproduction of the site for purposes other than its use in accordance with its intended purpose is strictly prohibited. The client only benefits from a personal right to use these files and limited to the indications provided in the General Terms and Conditions, in a strictly family and private setting. Any use outside the framework of these terms and conditions is strictly prohibited and any use for purposes other than private exposes the client to legal, civil and/or criminal proceedings.
Article 11: Protection of personal data
The various personal data that we may ask you for are only used to process your order. Our company undertakes not to disclose them to third parties without your express consent. Thus, we only transmit your contact details to companies whose offers may interest you if you have accepted this when you registered. Our site uses cookies. The purpose of the cookie is to signal your visit to our site in order to improve the personalized service intended for you and to facilitate your navigation on our site. You can refuse that such cookies are installed on the computer you are using by modifying the options of your Internet browser. Our website, which is declared to the National Commission for Information Technology and Civil Liberties, under the number (in progress), offers the subscription to a newsletter. The Internet user can unsubscribe at any time. All they have to do is click on the link at the end of each email.
In accordance with the law of 6 January 1978 relating to information technology, files and freedoms, you have the right to oppose, access, rectify and delete data concerning you, rights that you can exercise under the conditions provided for by the law of 6 January 1978 relating to information technology, files and freedoms, by mail sent to the Consumer Service of our company. Your request must be signed and accompanied by a photocopy of your identity document.
Article 12: Applicable law and jurisdiction
The General Conditions are subject to French law. The competent court in the event of a dispute is that of the place of domicile of the defendant or, at the plaintiff's choice, the place of actual delivery of the Product.
General Conditions of Sale established on 10/11/2016