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GENERAL TERMS AND CONDITIONS OF SALE

FOREWORD

www.janes-paris.com (the ” Site “) is published by the company VERTBOIS 30, Société par actions simplifiée with a capital of 3000 €, whose registered office is located at 30 Rue du Vertbois, 75003 Paris registered in the register of Commerce and companies of Paris under number 841 381 627, of which the intracommunity VAT number is FR29 841381627.

1. APPLICATIONS OF THE GENERAL TERMS OF SALE

The general terms and conditions of sale (“GTC“) details below apply to all orders for products and services passed through the Site (the”Products“) to VERTBOIS 30 by any person (the”Client“).

The customer must be aware of the GTC prior to any order (the “Order“), the GTC being available on the Site.

VERTBOIS 30 reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale being that appearing online on the site www.janes-paris.com at the time of the order. As a result, the fact of ordering requires all the prior adhesion and, without reservation, to the GTC by the customer by clicking on the button “I have read and I accept the general conditions of sale”.

2. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE

www.janes-paris.com is an e-commerce site owned and operated by VERTBOIS 30.

The Site is accessible to all users of the Internet network in principle 24/24h, 7/7d, unless interrupted, programmed or not, by VERTBOIS 30 or her service providers, for the purposes of its maintenance and/or security or cases of force majeure (as defined below).

VERTBOIS 30 cannot be held responsible for any damage, whatever the nature, resulting from an unavailability of the Site.

VERTBOIS 30 does not guarantee that the site will be free of anomalies, errors or bugs, nor that the site would operate without a breakdown or interruption. In this regard, it may freely and in its sole discretion determine any period of unavailability of the Site or its contents.

VERTBOIS 30 cannot be held responsible for any problems with data transmission, connection or network downtime.

VERTBOIS 30 reserves the right to change the Site for technical or commercial reasons. Where these changes do not alter the conditions for the provision of services, in a substantial and negative manner, the customer may be informed of the changes made, but his acceptance is not solicited.

3. PRODUCTS

The products offered for sale are those described on the site on the day of the consultation of the site by the customer, within the limit of the available stocks. This data is updated automatically in real time. However, an error in the update, whatever its origin, does not incur the responsibility of VERTBOIS 30. As such, VERTBOIS 30 cannot be held responsible for cancelling an order of a product because of the depletion of stocks.

VERTBOIS 30 provides the utmost care in the presentation and description of its products to best satisfy the customer’s information. It is possible, however, that errors may appear on the Site, which the customer acknowledges and accepts.

VERTBOIS 30 does not guarantee the accuracy or security of the information transmitted or obtained by means of the Site.

It is possible that the customer will receive merchandise previously returned by another person as a result of an order. It is specified that VERTBOIS 30 Accepts only the return of intact and non-worn products, both of which are controlled before restocking of returned products.

4. ORDERS

The order taking on the Site is subject to compliance with the procedure set up by VERTBOIS 30 on the Site including successive steps leading to the validation of the order.

The customer can select as many products as they wish, which will be added to the basket (the “Basket“). The basket summarizes the products chosen by the customer as well as the prices and related costs. The customer will be free to modify the basket before the order is validated. The validation of the order is a confirmation of the acceptance by the customer of the GTC, the products purchased, their price and the associated costs.

A confirmation email summarizing the order (product(s), price, availability of the product(s), quantity…) will be sent to the customer by VERTBOIS 30. To this end, the customer formally accepts the use of e-mail for confirmation by VERTBOIS 30 of the contents of his order. An invoice will be sent along with the confirmation email.

5. REFUSAL TO PROCESS AN ORDER

VERTBOIS 30 reserves the right to remove any product posted on the Site at any time and to replace or modify any content or information contained on it. Despite the best efforts of VERTBOIS 30 to satisfy the expectations of its customers, the latter may be forced to refuse to process an order after having sent to the customer the confirmation email summarizing the order.

VERTBOIS 30 cannot be held liable to the customer or any third party for the damaging consequences of the withdrawal of a product from the site, or the replacement or modification of any content or information contained on this site, or the refusal to process an order after Sending the confirmation email summarizing the order.

VERTBOIS 30 also reserves the right to refuse or cancel an order from a customer with whom it has a dispute over the payment of a previous order.

6. PRICE AND TERMS OF PAYMENT

The prices of the products are indicated on the Site in Euros is VAT included but excluding customs fees and other taxes. Customs charges and other taxes must be paid by the customer directly to the carrier.

All prices displayed are calculated and include the value added tax (VAT) applicable in Belgium.

VERTBOIS 30 reserves the right to change her prices at any time but the products will be charged on the basis of the rates in effect at the time of registration and payment of the order, subject to availability.

The products are payable immediately when the actual order is made.

The purchase rules are made either via Paypal or via the secure platform of Stripe.

Paypal (Europe) S.À.R.L. and Cie, is a Luxembourg stock limited partnership, registered in the R.C. S of Luxembourg under the number B118349, whose head office is 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the customer can consult the following website: https://www.paypal.com.

Stripe.  For any information, the customer can consult the following website: https://www.stripe.com

The customer expressly acknowledges that the communication of his credit card number to VERTBOIS 30 is an authorization to debit his account up to the price of the ordered products. If applicable, a notice of cancellation of order for default of payment is sent to the customer by VERTBOIS 30 on the email address communicated by the customer when placing the order.

The data recorded and kept by VERTBOIS 30 constitute the proof of the order and of all the past sales. The data recorded by Paypal or Stripe are proof of any financial transaction between the customer and VERTBOIS 30.

7. DELIVERY

Deliveries are processed from Monday to Saturday.

Delivery means the transfer to the customer of the physical possession of the products (“Delivery”).

The shipping costs applicable to the order are those mentioned on the Site at the time of the order in the section “Deliveries and Returns”.

When VERTBOIS 30 is handling the product, the risk of loss or deterioration of the product is transferred to the customer at the time of delivery.

By exception, the risk is transferred to the customer when the product is delivered to the carrier when it is responsible for the transport by the customer and not by VERTBOIS 30.

Delivery is made at the delivery address indicated by the customer, as it must be the address of residence of the customer, of a natural person of his choice or of a legal person (delivery to his company). Delivery cannot be carried out in hotels or post office boxes.

If the delivery is not possible due to an incorrect delivery address or the customer’s failure to withdraw its order from the selected withdrawal point, no re-dispatch can be carried out and the customer will be refunded within five (5) days from the receipt of the order by VERTBOIS 30.

VERTBOIS 30 delivers the orders within a maximum of twelve (12) working days for a delivery in Belgium or France and twenty (20) working days for an international delivery, this period being counted from the first working day after the Validation of the order. In the aftermath of the online collection and from November 23rd to December 31st, the delivery time can be increased by ten (10) days, given the large and exceptional volume of orders.

In order for these deadlines to be respected, the customer must ensure that they have communicated accurate and complete information concerning the delivery address (such as: Street, building, stair, access codes, names and/or numbers Intercom, etc.).

VERTBOIS 30 will not be held responsible for the delay in routing not being made or justified by a case of force majeure (as defined below).

In case of exceeding the delivery time, the customer may request the cancellation of the sale and obtain within a maximum of fourteen (14) days of his request in this respect the reimbursement of the sums paid on the occasion of the order. Notwithstanding the foregoing, VERTBOIS 30 shall not be liable for any adverse consequences resulting from a delay in routing, only the reimbursement of the product by VERTBOIS 30 being possible to the exclusion of any other form of Compensation.

8.  RIGHT OF WITHDRAWAL-REFUNDS AND RETURNS

Time limit and procedures for exercising the right of withdrawal

In accordance with article L. 221-18 of the consumer Code, the non-professional customer has a period of fourteen (14) days from the receipt of the order to exercise his right of withdrawal from VERTBOIS 30, without having to motivate her Decision.

In case if withdrawal, the Client informs the Vendor via email at hello@janes-paris.com.

Modalities for the return of the order in the context of the right of withdrawal

The right of withdrawal is exercised without penalty.

The customer shall return the order with the prepaid return voucher provided by VERTBOIS 30 without undue delay and, at the latest, within fourteen (14) days following the communication of her decision to retract in accordance with article L. 221-21 of the Code of the Consumption.

Beyond this period of fourteen (14) days, the sale is firm and definitive. The product must be returned in its original, new, unworn, unwashed, original packaging. To make a return, the customer must contact the Vendor by email at hello@janes-paris.com. The return of the products is taken care of by VERTBOIS 30 if the place of delivery is carried out in Belgium or France.

The return of the products is the responsibility of the customer and is at his risk if the place of delivery is not in the aforementioned countries.

Reimbursement of returned products in the context of the right of withdrawal

The refund of the order by VERTBOIS 30 shall be carried out no later than fourteen (14) days from the date on which she is informed of the customer’s decision to retract.

However, the reimbursement comes under the reserve that VERTBOIS 30 was able to recover the products subject to the return and the request for reimbursement.

VERTBOIS 30 makes the refund using the same means of payment as that which will have been used for the payment of the order, except express agreement of the customer to use another means of payment and insofar as the reimbursement does not incur a cost to the consumer.

9.  WARRANTIES-LIMITATION OF LIABILITY

VERTBOIS 30’s responsibility for any product purchased on the Site is strictly limited to the purchase price of the latter. VERTBOIS 30 Shall in no event be liable for the following losses, irrespective of their origin:
-Loss of income or sales
-Loss of operation
-Loss of profits or contracts
-Loss of planned savings
-Data loss
-Loss of working time or management
-Image damage
-Loss of chance, including ordering a product,
-Moral prejudice.

The documents, descriptions and information relating to the products appearing on the Site are not covered by any warranties, express or implied, except as provided by law.

VERTBOIS 30 provides no warranty regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan Horse, Cancelbot, logic bomb or any other form of routine Programming designed to damage, destroy or otherwise degrade or impede the functioning of a computer, including any transmission resulting from a download of any content made by The Client, software used by it to download the content, the Site or the server that allows access to it. In this regard, the customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and other devices to protect them from any bug, virus or other programming routine of this order proving to be detrimental.

The customer acknowledges to assume all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data as a result of downloading this content.

VERTBOIS 30 is only required to deliver products in accordance with the contractual provisions. The products shall be considered to conform to the contractual provisions if the following conditions are met: (i) they must conform to the description and have the characteristics exhibited on the Site; (ii) they must be adapted for the purposes for which such products are generally designed; (iii) They must meet the criteria of quality and resistance that are generally accepted for products of the same kind and which can reasonably be expected.

In addition, VERTBOIS 30 guarantees consumers of defects in conformity and hidden defects for products on sale on the Site under the following conditions:

Apparent defect-Warranty-legal compliance-hidden defects

The presence of an apparent defect on a product must give rise to a complaint by e-mail hello@janes-paris.com.

The customer will have to comply with the procedure relating to the right of withdrawal by informing beforehand by all means VERTBOIS 30 of the existence of this apparent defect, so that the return can be accepted.

Subject to the validation of a non-conformity or a defect hidden by VERTBOIS 30 or the manufacturer as the case might be, the customer has the following warranties:

VERTBOIS 30 whose registered office is 30 Rue du Vertbois, 75003 Paris, France, acts as guarantor within the meaning of the provisions of articles L 217-5 and following of the Code of Consumption and 1641 et seq. of the Civil code.

So the Client:
-Has a period of two (2) years from the issuance of the product to act in the absence of conformity of the product,
-is exempt from reporting evidence of the existence of a failure to comply with the property during the six (6) months following the issuance of the product,
-May choose between repair or replacement of the product, subject to the cost conditions provided for in article L217 of the Consumer code;

The legal guarantee of conformity applies regardless of the commercial warranty described below.

In addition, the Client may also implement the legal guarantee in respect of the hidden defects of the thing sold, within the meaning of articles 1641 et seq. of the Civil Code. The legal guarantee of hidden defects allows the customer within two years from the discovery of the defect, the reimbursement of a product which has proved unfit for its use.

The guarantee of hidden defects allows the customer to be protected against the hidden defects of the product purchased and that prevent its use or affect it to such a point that the customer would not have bought it.

The customer then has the choice between two options: to keep the product and request a reduction of the price, or to return the product and claim the refund of the price paid, in accordance with article 1644 of the Civil Code.

In order to implement these warranties, the product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the original order and copy of the claim to the head office of VERTBOIS 30, after Sending an e-mail indicating the reason for the return of the product.

For all intents and purposes, the following legal provisions are recalled:
Art. L217-4 of the consumer Code: The seller delivers a property in accordance with the contract and responds to defects of conformity existing at the time of issuance. It also responds to defects in conformity resulting from the packaging, assembly instructions or installation when it was charged by the contract or was carried out under its responsibility. »

Art. L217-5 of the consumer Code: The property is in accordance with the contract: 1 ° If it is specific to the usual expected use of a similar property and, if applicable (a) if it corresponds to the description given by the seller and possesses the qualities which it has presented to the purchaser in the form Sample or model;(B) If it presents the qualities that a purchaser can legitimately expect in respect of public declarations made by the seller, the producer or his representative, in particular in advertising or labelling; 2 ° or if it has the characteristics defined by common agreement by the parties or is peculiar to any special use sought by the purchaser, brought to the knowledge of the seller and which the latter has accepted. »

Art. L217-7 of the consumer Code: Defects of conformity which appear within twenty-four months from the issuance of the property are presumed to exist at the time of issue, unless otherwise stated. For second-hand goods, this period is set at six months. The seller may fight this presumption if it is not compatible with the nature of the property or the lack of conformity invoked. »

Art. L217-8 of the consumer Code: The purchaser is entitled to require the conformity of the property to the contract. He cannot, however, challenge compliance by invoking a defect that he knew or could not ignore when he contracted. The same is the same when the defect originates in the materials it has supplied. »

Art. L217-9 of the consumer Code: In the event of a failure to comply, the purchaser chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if that choice results in a clearly disproportionate cost in relation to the other modality, given the value of the property or the magnitude of the defect. It is then obliged to proceed, except impossibility, according to the method not chosen by the purchaser. »

Art. L217-10 of the consumer Code: If the repair and replacement of the property are impossible, the purchaser can return the property and be returned the price or keep the property and be made a part of the price. The same faculty is open to him: 1 ° If the solution requested, proposed or agreed pursuant to article L. 217-9 cannot be implemented within one month after the buyer’s claim; 2 ° or if this solution cannot be without a major disadvantage for the latter given the nature of the property and the use it seeks. However, the resolution of the sale cannot be pronounced if the failure to comply is minor. »

Art. L217-11 of the consumer Code: The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the purchaser. These same provisions do not preclude the allocation of damages. »

Art. L217-12 of the consumer Code: The action resulting from the failure to comply is prescribed by two years from the issuance of the property. »

Art. L217-13 of the consumer Code: The provisions of this section do not deprive the purchaser of the right to exercise the action resulting from the redhibitory defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized by law. »

Art. 1641 of the Civil Code: “ The seller is bound by the guarantee because of the hidden defects of the thing sold which make it unfit for the use to which it is intended, such use that the purchaser would not have acquired it, or would have given only a lesser price if he had known. »

Art. 1642 of the Civil Code: ” The seller is not liable for any apparent defects and the buyer has been able to convince himself. »

Art. 1643 of the Civil Code: ” He is liable for hidden defects, even though he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee. »

Art. 1644 of the Civil Code: “ In the case of articles 1641 and 1643, the purchaser has the choice to make the thing and to be returned the prize, or to keep the thing and to be given back a part of the price. »

Art. 1646 of the Civil Code: ” If the seller did not know the defects of the thing, it will be liable only to the return of the price, and to repay to the purchaser the costs incurred by the sale. »

Art. 1648 of the Civil Code: “ The action resulting from the redhibitory defects must be brought by the purchaser within two years after the discovery of the defect. (…) »

Force Majeure

In the event of an event of force majeure preventing the execution of these GTC, VERTBOIS 30 shall inform the customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of a character Industrial or commercial disputes, civil disturbance, insurrection, war, terrorist act, weather, epidemic, blocking of means of transport or supply for whatever reason, earthquake, fire, Storm, Flood, Water damage, government or legal restrictions, legal or regulatory changes in forms of marketing, computer breakdown, blocking of telecommunications, including wired or wireless telecommunications networks, and Any other case independent of the will of the parties preventing the normal execution of the contractual relationship. All the obligations of the Parties shall be suspended for the duration of the event of force majeure without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of VERTBOIS 30 or the Client without compensation on either side. Failure to pay by the customer cannot be justified by a case of force majeure.

10. PARTIAL INVALIDITY

If one or more stipulations of these GTC are held for invalid or declared as such under an Act, regulation or as a result of a final decision of a competent court, the other provisions shall keep all their Strength and their reach.

11.  NON-WAIVER

No tolerance, inaction or inertia of VERTBOIS 30 may be construed as waiver of her rights under the terms of the GTC.

12.  PERSONAL DATA AND COOKIES 

The user has the right to access, modify, rectify and delete the data concerning him. To exercise this right, the user must send an email to hello@janes-paris.com indicating in the subject of the email “Modify personal data”.

 

All the personal information we collect is strictly necessary for the processing of orders, delivery as well as billing.  Your personal information is therefore only used as part of your business relationship with the Site.

Any missing information will automatically reject the order.

The personal information collected on the Site is processed by VERTBOIS 30 for the purpose of managing the customer relationship and prospecting. This information is only transmitted to companies that contribute to the management, execution and processing of orders.

On the other hand, the company does not transmit any personal information to third parties for prospecting purposes, but may be required to disclose it to legally authorized bodies and authorities, insofar as disclosure is necessary or authorized by law, or where it deems it necessary or appropriate to comply with applicable laws and other legislation, or to protect or defend its rights or those of its employees, customers or any other person.

Finally, your banking information is never in our possession. Transactions are fully processed by Paypal or Stripe.

If the customer has accepted it beforehand, he will be able to receive marketing emails (newsletters) from which he can unsubscribe by clicking on the unsubscribe link at the bottom of each email received.

We strive to maintain appropriate security measures to protect your personal data. However, despite all the measures we put in place to protect access, use or fraudulent disclosure of this information we cannot guarantee that data transmission via the Internet can be fully protected against Access by unauthorized third parties. We will not be held liable in the event of a breach of security unless the violation was attributable to negligence on our part.

The site uses cookies (cookie-signers) that allow only temporary data related to the current session to be preserved, such as the products you select, the time spent on the site. This information collected is in no way registered and is not saved from one session to another.

Upon arrival on the Site, the customer is informed of the presence of these cookies. The continuation of the navigation on the Site is worth acceptance. The user is however able to object to the use of these cookies by setting up his browser. However, access to certain services may require the user’s prior acceptance of cookies.

It is recalled that the secrecy of the correspondences is not guaranteed on the Internet and that it is up to each Internet user to take all the appropriate measures in order to protect his own data and/or software from the contamination Possible viruses circulating on the Internet.

13.  INTELLECTUAL PROPERTY

All texts, comments, works, illustrations and images reproduced on the Site are reserved under copyright and intellectual property for the whole world. As such, in accordance with the provisions of the Code of Intellectual Property, only the use for private usage is tolerated – under reserve of different or more restrictive provisions of the Code of Intellectual Property. Any other use without prior authorization of VERTBOIS 30 is constitutive of counterfeit and sanctioned under the Intellectual Property. Any total or partial reproduction of the Products presented on the Site is strictly prohibited. All rights reserved.

14. APPLICABLE LAW – DISPUTES

These general conditions of sale are governed and interpreted in accordance with French law. However, in accordance with the regulation 593/2008 of June 17th, 2008, the present GTC do not prevent the respect by VERTBOIS 30 of a provision more favorable to the customer and to which it cannot be derogated by agreement, under of the law where the client has his habitual residence.

In the event of a dispute relating to the execution of an order, you have the option of using a conventional mediation procedure or any other alternative resolution procedure. These GTC are written in French. Notwithstanding the foregoing, in the event of a dispute, pursuant to regulation no 44/2001 of December 22nd, 2000:

  • you will be able to seize either the court of the place where you are domiciled, or the French courts,
  • VERTBOIS 30 will be able to seize the court of the place where you are domiciled.

In case of discrepancies between the French version and the English version of the present GTC, the French version will prevail.

LEGAL INFORMATION

1. Publisher

VERTBOIS 30, Société par actions simplifiée with a capital of 3 000 €, registered in the register of Commerce and companies of Paris under number 841 381 627, whose registered office is located at 30 Rue du Vertbois, 75003 Paris, France.

The director of the publication is Florence Cuylits, legal representative of VERTBOIS 30.

Contact: hello@janes-paris.com

2. Host

OVH

3. Design and implementation

Web design : Studio Casquette

Photography : Victoria Nossent