Refund policy of justcoolsweaters.com website
applicable as of 05/12/2020
ARTICLE 1. PARTIES
The present refund policy is applicable between JF Company, SAS, share capital: 1000 €, registered at the RCS of Paris in France on 10/11/2020, under the number 890 906 498 R.C.S Paris, head office: 10 rue de Penthièvre, France, email: firstname.lastname@example.org, intra-community VAT number: FR33890906498 , hereafter "the Editor" and any person, individual or legal entity, of private or public law, registered on the Site to buy a Product, hereafter "the Customer".
ARTICLE 2. DEFINITIONS
"Customer": any person, natural or legal person, of private or public law, registered on the Site.
"Site Contents": elements of any kind published on the Site, whether or not protected by an intellectual property right, such as texts, images, designs, presentations, videos, diagrams, structures, databases or software.
The "Publisher": JF Company, SAS in its capacity as publisher of the Site.
"Internet user": any person, individual or legal entity, of private or public law, connecting to the Site.
"Product": goods of any kind sold on the Site by the Publisher to the Customers.
"Site": Internet site accessible to the URL justcoolsweaters.com, as well as the sub-sites, mirror sites, portals and variations of URLs related to it.
ARTICLE 3. SCOPE OF APPLICATION
The Site is freely accessible to all Internet users. Browsing on the Site implies the acceptance by any Internet user of these general terms and conditions. The simple connection to the Site, by any means whatsoever, including through a robot or browser, will entail full and complete acceptance of these terms and conditions. When registering on the Site, this acceptance will be confirmed by ticking the corresponding box.
By the same token, the Internet User acknowledges that he/she is fully aware of them and accepts them without restriction.
The fact of ticking the aforementioned box will be deemed to have the same value as a handwritten signature on the part of the Internet User. The Internet User acknowledges the evidential value of The Publisher's automatic registration systems and, unless he or she can prove otherwise, waives the right to contest them in the event of a dispute.
These general terms and conditions are applicable to the relationship between the parties to the exclusion of all other conditions, including those of the Internet User.
Acceptance of these general terms and conditions assumes that the Internet user has the legal capacity necessary for this, or failing that they have the authorization of a tutor or curator if they are incapable, of their legal representative if they are minors, or that they are holders of a mandate if they are acting on behalf of a legal entity.
ARTICLE 4. PURPOSE OF THE SITE
The purpose of the Site is the sale of Products to Customers.
ARTICLE 5. STAGES OF THE ORDER
In order to place an order, the Internet Users will be able to select one or more Products and add them to their shopping cart. The availability of Products is indicated on the Site, in the description sheet of each item. When their order is complete, they will be able to access their basket by clicking on the button provided for this purpose.
5.2. Validation of the order by the Internet User
By consulting their basket, Internet Users will be able to check the number and nature of the Products they have chosen and will be able to check their unit price as well as their overall price. They will be able to remove one or more Products from their basket.
If they are satisfied with their order, the Internet Users will be able to validate it. They will then access a form on which they can either enter their connection identifiers if they already have them, or register on the Site by completing the registration form with their personal information.
5.3. Payment by the Customer
As soon as they are connected or after they have perfectly completed the registration form, Customers will be invited to check or modify their delivery and billing details, then will be invited to make their payment by being redirected to the secure payment interface with the mention "order with obligation to pay" or any similar formula.
5.4. Confirmation of the order by the Publisher
Once the payment is actually received by the Publisher, the latter undertakes to acknowledge receipt to the Customer electronically, within a maximum of 24 hours. Within the same period, the Publisher undertakes to send the Customer an e-mail summarizing the order and confirming the processing, including all related information.
ARTICLE 6. PRICE - PAYMENT
The applicable prices are those displayed on the Site on the day of the order. These prices may be modified at any time by the Publisher. The prices displayed are valid only on the day of the order and are not effective for the future.
The prices shown on the Site are in euros, all taxes included, excluding delivery costs.
6.2. Method of payment
The Customer can pay by Paypal, Stripe. Credit card payments are made through secure transactions provided by Qonto .
The Publisher does not have access to any data relating to Customer's payment methods. Payment is made directly to the bank.
In the case of payment by money order, check or bank transfer, delivery times only begin to run from the date of receipt of payment by the Publisher.
The Publisher will send or make available to the Customer an invoice electronically after each payment. The Customer expressly agrees to receive invoices electronically.
6.4. Default of payment
Agreed payment dates cannot be delayed under any pretext whatsoever, including in the event of a dispute.
Any sum not paid on the due date will give rise, automatically and without formal notice, to the application of late payment penalties calculated on the basis of a rate equal to 3 times the legal interest rate, without this penalty affecting the due date of the sums due in principal.
In addition, any late payment will result in the invoicing to the defaulting Customer of collection costs of 40 euros, the immediate due date of all sums remaining due regardless of the agreed deadlines, increased by an indemnity of 20% of the amount as a penalty clause, as well as the possibility to unilaterally terminate the contract at the Customer's expense. This clause is in line with the provisions of article 1152 of the Civil Code allowing the judge to reduce the indemnity if the judge considers it excessive.
6.5. Retention of title
The Products sold remain the property of the Publisher until full payment of their price, in accordance with this retention of title clause.
ARTICLE 7. CLAIMS - RETRACTATION - GUARANTEE
7.1. Customer Service
The customer service of the Site is accessible from the contact page of the site: email@example.com or by email at firstname.lastname@example.org or by post at the address indicated in Article 1 of these terms and conditions.
7.2. Right of withdrawal - Distance selling
The present article 7.2 is applicable to the Customer having the quality of consumer within the meaning of the introductory article of the Consumer Code.
7.2.1. Conditions for exercising the right of withdrawal
In accordance with the legislation in force regarding distance selling, the Customer has a period of fourteen clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties, with the exception, where applicable, of the cost of return.
The period referred to in the previous paragraph shall start either from the day on which the distance contract is concluded for contracts relating to the provision of a service and/or the supply of digital content not supplied on a physical medium, or from the receipt of the goods by the Customer or a third party, other than the carrier, designated by the Customer, for contracts for the sale of goods and contracts for the provision of services including the delivery of goods.
In the case of an order for several goods delivered separately or in the case of an order for a good consisting of multiple lots or parts whose delivery is staggered over a defined period, the period shall run from receipt of the last good or lot or the last part. In the case of contracts providing for the regular delivery of goods over a defined period, the period shall begin upon receipt of the first good.
When the fourteen-day period expires on a Saturday, Sunday or a public holiday or non-working day, it is extended until the first following working day.
The decision to withdraw must be notified to the Publisher at the address indicated in Article 1 of these general conditions by means of an unambiguous statement. The Customer has, for example, the possibility to use the standard form provided at the end of these terms and conditions. In any event, the Publisher will send the Customer an acknowledgement of receipt of the said withdrawal by e-mail as soon as possible.
7.2.2. Effects of the right of withdrawal
The Customer shall return or restitute the products to the Professional or to any person designated by the latter, without undue delay and, at the latest, within fourteen days following the communication of his decision to withdraw.
When the right of withdrawal is exercised, the Professional is obliged to reimburse the Customer for the totality of the sums paid, as soon as possible and at the latest within fourteen days following the date on which this right was exercised. Where applicable, the Professional may postpone the reimbursement until the Products have been recovered or until the Customer has provided proof of the dispatch of the Products, whichever is the earlier. Beyond that, the sum due shall automatically bear interest at the legal rate in force, as specified in Article L. 242-4 of the French Consumer Code.
Where applicable, the Professional shall make the refund using the same means of payment as that used by the Customer for the initial transaction, unless the Customer expressly agrees to the use of another means of payment and insofar as the refund does not incur any costs for the Customer. However, the Professional shall not be obliged to reimburse additional costs if the Customer has expressly chosen a more expensive method of delivery than the standard method of delivery offered.
The direct costs of returning the Product shall be borne by the Customer. These costs are estimated at a maximum of 20 euros if, due to its nature, the Product cannot normally be returned by post.
The Customer is liable only for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product.
The conditions, time limits and procedures for exercising the right of withdrawal are set out in the standard form provided at the end of these terms and conditions.
7.2.3. Exclusions from the right of withdrawal
The right of withdrawal does not apply, in particular, to contracts :
- contracts for the supply of services fully executed before the end of the withdrawal period and whose execution has begun after prior express agreement of the Customer and express renunciation of his right of withdrawal ;
- the supply of goods made to the Customer's specifications or clearly personalized;
- the supply of goods likely to deteriorate or expire rapidly;
- the supply of goods which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection;
- the supply of goods which, after delivery and by their nature, are inseparably mixed with other items;
- the supply of alcoholic beverages whose delivery is deferred for more than thirty days and whose value agreed at the conclusion of the contract depends on market fluctuations beyond the control of the trader;
- maintenance or repair work to be carried out urgently at the Customer's premises and expressly requested by the Customer, within the limit of the spare parts and work strictly necessary to meet the emergency;
- the supply of audio or video recordings or computer software when they have been unsealed by the Customer after delivery;
- the supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
- concluded at a public auction;
- the provision of accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities that are to be provided on a specific date or at a specific time;
- the provision of digital content not provided on a physical medium, the performance of which has commenced after the Customer's express prior agreement and express waiver of its right of withdrawal.
Likewise, the right of withdrawal shall not apply to contracts executed in full by both parties at the express request of the Customer before the Customer exercises his right of withdrawal.
7.3. Contract resolution on the Customer's initiative
The consumer Customer may terminate the contract by registered letter with acknowledgement of receipt if the delivery date of the goods exceeds seven days. The Customer will then be reimbursed for the sums committed by him at the time of the order.
This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Publisher and waives the right to take advantage of the cancellation of the sale provided for in this article.
7.4.1. Warranty for defects and apparent defects
It is up to the Customer to check the good condition of the Products at the time of delivery. This verification must in particular relate to the quality, quantities and references of the Products as well as their conformity to the order. No complaint will be taken into account after a period of three days from delivery. In any event, any complaint concerning the delivered packages will only be taken into account if the Customer, being a merchant, has expressed reservations to the carrier in accordance with Articles L. 133-3 et seq. of the French Commercial Code.
7.4.2. Warranty for defects and hidden defects
22.214.171.124. Legal guarantees
The Customers have a legal guarantee of correct delivery (Article 1604 of the Civil Code), a legal guarantee against hidden defects (Articles 1641 et seq. of the Civil Code) and a security guarantee (Articles 1245 et seq. of the Civil Code).
Customers having the status of consumers also have a legal guarantee of conformity (Articles L. 217-4 et seq. of the Consumer Code).
126.96.36.199. Conventional warranty
In addition to the legal warranty, the Products benefit from a conventional warranty of conformity on French territory, for a period of 1 year from the delivery of the Product.
In order to implement the guarantee, it is up to the Customer to return the product to the address of the head office of The Publisher, accompanied by an explanatory letter requesting either repair, exchange or refund.
In any case, the Customer is asked to follow precisely the instructions of the Editor relating to the return of the Products.
The costs of returning the Product remain the responsibility of the Customer, except for Consumer Customers implementing the guarantee of conformity of articles L. 217-4 et seq. of the Consumer Code.
The consumer Customer has a period of 2 years from the delivery of the good to act with the seller. As such, he may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L.217-9 of the French Consumer Code. Finally, the Customer is exempt from providing proof of the existence of the Product's lack of conformity during the 24 months following delivery of the said Product, except for second-hand goods.
Where applicable, the legal guarantee of conformity applies independently of the commercial guarantee.
When the consumer Customer decides to implement the warranty for hidden defects, he may choose between cancellation of the sale or a reduction in the sale price.
ARTICLE 8. FINAL STIPULATIONS
8.1. Applicable law
The present general conditions are subject to the application of French law.
8.2. Modifications of the present general terms and conditions
The present general conditions can be modified at any time by the Editor. The general terms and conditions applicable to the Customer are those in force on the day of his order or his connection to this Site, any new connection to the personal space implies acceptance of the new general terms and conditions.
In accordance with the order n°2015-1033 of August 20, 2015, all disputes with a consumer Customer that may arise in the context of the execution of these general conditions and whose solution has not been previously found amicably between the parties must be submitted to Medicys: www.medicys.fr.
In addition, the consumer Customer is informed of the existence of the online dispute resolution platform, accessible at the following URL address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
Any dispute relating to or in connection with this contract shall be settled by arbitration in accordance with the rules of the Institut digital d'arbitrage et de médiation: www.fast-arbitre.com.
8.4. Entirely .
The nullity of one of the clauses of this contract shall not entail the nullity of the other clauses of the contract or of the contract as a whole, which shall retain their full effect and scope. In such a case, the parties shall, as far as possible, replace the invalid provision with a valid provision corresponding to the spirit and purpose hereof.
Failure by The Publisher to exercise any of the rights granted herein shall in no way be construed as a waiver of such rights.
8.6. Telephone canvassing
The Customer is informed that he has the possibility to register on the opposition list to telephone solicitation at http://www.bloctel.gouv.fr/.
8.7. Languages of the present general terms and conditions
The present general conditions are proposed in French.
8.8. Abusive clauses
The provisions of these general conditions apply subject to compliance with the mandatory provisions of the Consumer Code concerning unfair terms in contracts concluded between a professional and a consumer.