Terms of sale
General conditions of sale of the justcoolsweaters.com website
applicable as of 08/12/2020
ARTICLE 1. PARTIES
The present general conditions are 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, registered office: 10 rue de Penthièvre, France, email: firstname.lastname@example.org, intra-community VAT number: FR33890906498, hereafter "the Publisher" and any person, individual or legal entity, of private or public law, registered on the Site to purchase 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 Editor": JF Company, SAS in its capacity as editor of the Site.
"Internet user": any person, natural or legal person, of private or public law, connecting to the Site.
"Product": good of any nature sold on the Site by the Editor 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 recording 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. STEPS 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 by electronic means, 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 owed 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. RESPONSIBILITY OF THE PUBLISHER
7.1. Nature of the Publisher's obligations
The Publisher undertakes to take the necessary care and diligence to supply quality Products that comply with the specifications of these General Terms and Conditions. The Publisher is only liable for an obligation of means concerning the services that are the object of the present Terms and Conditions.
7.2. Force majeure - Customer's fault
The Publisher will not engage its responsibility in case of force majeure or fault of the Customer, as defined in this article :
7.2.1. Force majeure
Within the meaning of these general terms and conditions, any impediment, limitation or disruption of the Service due to fire, epidemic, explosion, earthquake, fluctuations in bandwidth, failure attributable to the Access Provider, failure of the transmission networks, collapse of the installations will be considered as a case of force majeure enforceable against the Customer, any unlawful or fraudulent use of passwords, codes or credentials provided to Customer, hacking, security breach by the Site host or developers, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of The Publisher. In such circumstances, Publisher shall be excused from performance of its obligations to the extent of such impediment, limitation or inconvenience.
7.2.2. Customer's Fault
For the purposes of these General Terms and Conditions, any misuse of the Service, fault, negligence, omission or default on the part of the Customer or its employees, failure to comply with the advice given by the Publisher on its Site, any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of erroneous information or the failure to update such information in his personal space shall be considered as a fault of the Customer enforceable against him. Will also be considered as a fault of the Customer the implementation of any technical process, such as robots, or automatic requests, whose implementation would contravene the letter or the spirit of these terms and conditions of sale.
7.3. Technical problems - Hypertext links
In the event of impossibility of access to the Site, due to technical problems of any kind, the Customer may not claim any damages and may not claim any compensation. The unavailability, even prolonged and without any limitation, of one or more online services, can not constitute a prejudice to the Customers and can in no way give rise to the granting of damages by the Publisher.
The hypertext links present on the Site may refer to other websites. The Publisher cannot be held liable if the content of these sites contravenes current legislation. Likewise, the Publisher shall not be held liable if the Internet user's visit to one of these sites causes him/her any damage.
In the current state of technology, the rendering of the representations of the Products offered for sale on this Site, particularly in terms of colors or shapes, may vary significantly from one computer to another or differ from reality depending on the quality of the graphic accessories and the screen or the resolution of the display. These variations and differences can in no way be attributed to the Editor who can in no way be held liable for this fact.
7.4. Damages to be paid by The Editor
In the absence of legal or regulatory provisions to the contrary, the Publisher's liability is limited to the direct, personal and certain prejudice suffered by the Customer and related to the failure in question. The Publisher shall in no case be held liable for indirect damages such as, in particular, loss of data, commercial prejudice, loss of orders, damage to brand image, commercial disturbances and loss of profits or customers. Likewise and within the same limits, the amount of damages and interest charged to The Publisher may not exceed the price of the Product ordered.
7.5. Hypertext links and contents of the Site
The Contents of the Site are published for information purposes only, without any guarantee of accuracy. The Editor can in no way be held responsible for any omission, inaccuracy or error contained in this information and which would be the cause of direct or indirect damage caused to the Internet user.
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 arising out of or in connection with this Agreement shall be settled by arbitration in accordance with the rules of the Digital Institute for Arbitration and Mediation: www.fast-arbitre.com.
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.