GENERAL TERMS AND CONDITIONS OF SALE ON THE INTERNET JD DEPANNAGE
ARTICLE 1 – Scope of application
These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by JD DEPANNAGE ("the Seller") with consumers and buyers ("The Clients or the Client") wishing to acquire the products offered for sale by the Seller ("The Products") on the website https://jd-depannage.fr/.
The aforementioned website https://jd-depannage.fr/ specializes in the repair and sale of family and industrial electronic sewing machines for private and professional use.
They specify in particular the conditions of ordering, payment, delivery and management of any returns of Products ordered by the Clients.
These General Terms and Conditions of Sale may be supplemented by special conditions stated on the website before any transaction with the Client.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, notably those applicable for sales in stores or through other distribution and marketing channels.
They are accessible at any time on the website https://jd-depannage.fr/ and will prevail, if applicable, over any other version or contradictory document.
These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Client's purchase being the one in force on the website at the date of placing the order.
ARTICLE 2 – Products offered for sale
The main characteristics of the Products, including specifications, illustrations, and information on dimensions or capacities of the Products, are presented on the website https://jd-depannage.fr/.
The Client is required to familiarize themselves with them before placing any order.
The choice and purchase of a Product is the sole responsibility of the Client.
The photographs and graphics presented on the website https://jd-depannage.fr/ are not contractual and cannot engage the Seller's responsibility.
The Client must refer to the description of each Product to know its properties, essential features, and delivery times, as well as, in case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
Contractual information is presented in French and is confirmed at the latest at the time of order validation by the Client.
ARTICLE 3 – Duration of the Product offer validity
Product offers are valid within the limits of available stocks, as specified when placing the order.
ARTICLE 4 – Seller's contact details
The Seller's contact details are as follows:
SAS JD DEPANNAGE
814 358 495 RCS BAYONNE
3 IMPASSE BEAU SITE 64200 BIARRITZ
Mail: jd.depannage64@gmail.com
Tel: 07.86.04.58.31
In accordance with the French Data Protection Act of January 6, 1978, reinforced and supplemented by the GDPR (General Data Protection Regulation) effective from May 25, 2018, the Client has, at any time, the right to access, rectify, object to, erase, and port all of their personal data by writing, by mail and proving their identity, to the Seller’s address mentioned above.
The Client’s validation of the order implies unconditional acceptance of these General Terms and Conditions of Sale.
The Client acknowledges having the legal capacity to contract and acquire the Products offered on the website https://jd-depannage.fr/.
ARTICLE 5 – Orders
5-1. Placing an order
It is up to the Client to select on the website https://jd-depannage.fr/ the Products they wish to order.
The Client has the opportunity to verify the details of their order, the total price, and to correct any possible errors before confirming acceptance. It is their responsibility to verify the accuracy of the order and to immediately report or correct any errors.
An order is recorded on the website https://jd-depannage.fr/ when the Client accepts these General Terms and Conditions of Sale by checking the box provided for this purpose and validates their order. This validation implies acceptance of all these General Terms and Conditions of Sale as well as the general conditions of use of the website https://jd-depannage.fr/.
The sale is only final after the Seller sends the Client confirmation of acceptance of the order by email, which must be sent without delay and after full payment or full deposit has been received by the Seller.
Any order placed, validated by the Client, and confirmed by the Seller, under the conditions and modalities described above, on the website https://jd-depannage.fr/ constitutes the formation of a distance contract between the Client and the Seller.
Unless proven otherwise, data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Client.
The Seller reserves the right to cancel or refuse any order from a Client who has an unresolved dispute regarding payment for a previous order.
The Client can track the status of their order on the website https://jd-depannage.fr/.
5-2. Modification of the order
Once confirmed and accepted by the Seller under the above conditions, the order cannot be modified.
5-3. Cancellation of the order
Once confirmed and accepted by the Seller under the above conditions, the order cannot be canceled, except in the exercise of the right of withdrawal or force majeure.
ARTICLE 6 – Prices
Products are provided at the current prices listed on the website https://jd-depannage.fr/ at the time the order is recorded by the Seller. Prices are expressed in Euros, excluding and including taxes.
Prices take into account any discounts granted by the Seller on the website https://jd-depannage.fr/.
These prices are firm and non-revisable during their validity period as indicated on the website https://jd-depannage.fr/, the Seller reserving the right, outside this validity period, to modify prices at any time. They do not include processing, shipping, transport, and delivery charges, which are invoiced additionally under the conditions indicated on the website https://jd-depannage.fr/ and calculated before placing the order.
If the Client requests a faster or more expensive shipping method than the standard shipment, the additional delivery charges, as shown when the Client validates the order, are entirely at their expense.
The payment requested from the Client corresponds to the total purchase amount, including these fees.
Specific orders from the Client may be considered. If applicable, they will be the subject of an estimate previously accepted by the Client. Estimates prepared by the Seller are valid for 30 days from their date of issue.
An order based on an estimate is only considered accepted after payment of a 60% deposit of the order amount.
An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.
ARTICLE 7 – Payment conditions
The price is payable in full on the day the Client places the order by secure payment methods as follows:
- by bank cards: Carte Bancaire, Visa, MasterCard, American Express, other bank cards
- by telephone
- by electronic wallet,
- by bank transfer.
Payment by bank card is irrevocable except in case of fraudulent use of the card. In this case, the Client may request cancellation of the payment and a refund of the sums paid.
In case of payment by bank cheque, it must be issued by a bank domiciled in metropolitan France or Monaco.
In case of late payment beyond the deadlines set above and after the payment due date shown on the invoice sent to the Client, late payment penalties calculated at an annual rate of 10% of the price including tax, increased by shipping fees shown on said invoice, will be automatically and by right acquired by the Seller without any formality or prior notice.
Furthermore, any late payment automatically results in the application of a fixed compensation of forty (40) Euros, without prejudice to the late penalties.
Late payment will also result in the immediate payment of all sums owed by the Client without prejudice to any other action the Seller may have the right to undertake against the Client.
Payments made by the Client will only be considered final after effective receipt of the sums due by the Seller.
Furthermore, the Seller reserves the right, in case of non-compliance with the above payment terms, to suspend or cancel delivery of ongoing orders placed by the Client.
No additional fees exceeding the costs incurred by the Seller for the use of a payment method may be charged to the Client.
ARTICLE 8 – Deliveries
Products ordered by the Client will be delivered in metropolitan France within 15 days from the shipment of the order to the address indicated by the Client when ordering on the website https://jd-depannage.fr/.
Delivery is constituted by transferring physical possession or control of the Product to the Client.
Except in particular cases or unavailability of one or more Products, the ordered Products will be delivered in one shipment.
The Seller commits to making best efforts to deliver products ordered by the Client within the deadlines specified above. However, these deadlines are given as an indication. If the ordered Products have not been delivered within 15 days after the indicative delivery date for any reason other than force majeure or the Client’s fault, the sale may be rescinded at the Client’s written request under the conditions provided for in articles L 216-2, L 216-3, L241-4 of the Consumer Code. The amounts paid by the Client will then be refunded no later than fourteen days following the contract termination date, excluding any compensation or withholding.
In case of non-conformity of the delivered Product, the Seller commits to remedy it or refund the Client as indicated in the article – "Seller’s Liability – Warranty".
The Seller bears the risks of transport and is required to refund the Client in case of damage caused during transport.
In case of a specific request from the Client regarding the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be the subject of a specific additional billing, based on a quote previously accepted in writing by the Client.
The Client is required to check the condition of the delivered products. He has a period of 5 days from the delivery date to make, in writing (postal mail, electronic mail, fax), any reservations or complaints concerning non-conformity or apparent defect of the delivered Products (for example, already opened damaged package ...), with all related evidence (photos in particular). After this period and failing to have complied with these formalities, the Products will be deemed compliant and free from any apparent defect and no claim will be validly accepted by the Vendor.
The Seller will refund or replace as soon as possible and at its own expense, the delivered Products for which defects of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided in Articles L 217-4 and following of the Consumer Code and those provided in these General Terms and Conditions of Sale (see warranties in particular).
ARTICLE 9 – Transfer of ownership – Transfer of risks
The transfer of ownership of the Seller's Products to the benefit of the Client shall only be made after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration related thereto shall only take place when the Client physically takes possession of the Products. The Products therefore travel at the risks and perils of the Seller.
ARTICLE 10 – Right of withdrawal
In accordance with the legal provisions in force, the Client has a period of fourteen days from the receipt of the Product to exercise his right of withdrawal with the Seller, without having to justify reasons or pay penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within 14 days following the notification to the Seller of the Client's withdrawal decision.
Returns must be made in their original state and complete (packaging, accessories, instructions...) allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products are not accepted.
The right of withdrawal can be exercised online, using the withdrawal form available on the website https://jd-depannage.fr/, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the Client by the Seller, or by any other declaration, unambiguous, expressing the will to retract.
In case of exercising the right of withdrawal within the aforementioned period, only the price of the purchased Product(s) and delivery costs will be refunded; the return costs remain the responsibility of the Client.
The refund will be made within 14 days from the notification to the Seller of the withdrawal decision.
ARTICLE 11 – Seller's liability – Warranty
The Products sold on the website https://jd-depannage.fr/ comply with the regulations in force in France and have performances compatible with non-professional uses.
Products supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with legal provisions,
– from the legal warranty of conformity, for apparently defective, damaged or broken Products or Products not corresponding to the order,
– from the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use,
under the conditions and according to the modalities mentioned in the box below and defined in annex to these General Terms and Conditions of Sale (Warranty of Conformity / Hidden Defects Warranty).
It is recalled that within the framework of the legal warranty of conformity, the Client
– benefits from a period of two years from the delivery of the good to take action against the Seller;
– may choose between repair or replacement of the ordered Product, subject to the cost conditions provided by Article L 217-9 of the Consumer Code;
– is exempt from proving the existence of the conformity defect in the Product during the twenty-four months following the delivery of the Product.
The legal warranty of conformity applies independently of the commercial warranty potentially covering the Product.
The Client may decide to implement the warranty against hidden defects of the Product in accordance with Article 1641 of the Civil Code; in this case, he can choose between the rescission of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Client must inform the Seller, in writing, of the non-conformity of the Products within a maximum period of 5 days from delivery of the Products or discovery of hidden defects within the above-mentioned deadlines and return or bring back to the store the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions...).
The Seller will refund, replace or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be reimbursed based on the charged rate and return costs will be reimbursed upon presentation of receipts.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and at the latest within 14 days following the finding by the Seller of the defect of conformity or hidden defect.
Refund will be made by crediting the Client’s bank account or by bank check sent to the Client.
The Seller’s liability cannot be engaged in the following cases:
– non-compliance with the legislation of the country in which the products are delivered, which the Client is responsible for verifying,
– in case of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Client, as well as normal wear and tear of the Product, accidents or force majeure.
The Seller’s warranty is, in any case, limited to replacement or refund of non-compliant Products or Products affected by a defect.
ARTICLE 12 – Protection of personal data
In application of Law 78-17 of January 6, 1978 as amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Client are necessary for processing his order and for issuing invoices, in particular.
These data may be communicated to possible partners of the Seller responsible for execution, processing, management and payment of orders.
The processing of information provided through the website https://jd-depannage.fr/ complies with legal requirements regarding the protection of personal data, the information system used ensuring optimal protection of this data.
The Client has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and limitation of processing concerning information about him.
This right can be exercised under the conditions and according to the modalities defined on the website https://jd-depannage.fr/.
ARTICLE 13 – Intellectual property
The content of the website https://jd-depannage.fr/ is the property of the Seller and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offense.
ARTICLE 14 – Unforeseeability
In case of changes in unforeseeable circumstances at the time of concluding the contract, in accordance with the provisions of Article 1195 of the Civil Code, the Party who has not agreed to bear an excessively onerous execution risk may request a renegotiation of the contract with the other party.
ARTICLE 15 – Force majeure
The Parties cannot be held responsible if the non-performance or delay in performing any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
ARTICLE 16 – Applicable law – Language
These General Terms and Conditions of Sale and the operations arising therefrom are governed by French law.
They are written in the French language. In the event they are translated into one or more languages, only the French text shall prevail in case of dispute.
ARTICLE 17 – Disputes
All disputes to which purchase and sale operations concluded under these general conditions of sale may give rise, concerning their validity, interpretation, execution, termination, consequences and results and which could not be resolved between the seller and the customer shall be submitted to the competent courts under common law conditions.
The Customer is informed that they may, in any case, resort to conventional mediation, notably before the Consumer Mediation Commission (C. consom. art. L 612-1) or before existing sectoral mediation bodies, whose references are listed on the website https://jd-depannage.fr/ or to any alternative dispute resolution method (conciliation, for example) in case of dispute.
ARTICLE 18 – Pre-contractual Information – Customer Acceptance
The act of a natural person (or legal entity) ordering on the website https://jd-depannage.fr/ implies full and entire adherence to and acceptance of these General Conditions of Sale and obligation to pay for the Products ordered, which is expressly acknowledged by the Customer, who waives, notably, the right to invoke any contradictory document that would be unenforceable against the Seller.
ANNEXE 1
PROVISIONS RELATING TO LEGAL WARRANTIES Article L217-4 of the Consumer Code The seller is obliged to deliver goods compliant with the contract and is responsible for conformity defects existing at the time of delivery. The seller is also responsible for conformity defects resulting from packaging, assembly or installation instructions when this was imposed on him by the contract or performed under his responsibility. Article L217-5 of the Consumer Code
To be in conformity with the contract, the goods must:
– Be suitable for the use usually expected of similar goods and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of samples or models
– possess the qualities that a buyer can legitimately expect in view of public statements made by the seller, producer or representative, notably in advertising or labeling
– Or possess the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, made known to the seller and accepted by the seller. Article L217-12 of the Consumer Code The action resulting from non-conformity expires two years from the delivery of the goods. Article L217-16 of the Consumer Code When the buyer requests the seller, during the course of the commercial warranty granted at the time of acquisition or repair of movable property, a repair covered by the warranty, any immobilization period of at least seven days is added to the remaining duration of the warranty. This period begins from the buyer’s request for intervention or the availability of the item for repair if this availability is later than the request for intervention. Article 1641 of the Civil Code The seller is liable for hidden defects of the item sold which make it unsuitable for the use to which it is intended, or which so diminish its use that the buyer would not have acquired it or would have paid a lower price had they known them. Article 1648 paragraph 1 of the Civil Code The action resulting from redhibitory defects must be brought by the buyer within two years from discovery of the defect.
ANNEXE 2
WITHDRAWAL FORM
This form must be completed and returned only if the Customer wishes to withdraw from the order placed on https://jd-depannage.fr/ except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Conditions of Sale. To the attention of
JD DEPANNAGE SAS
3 IMPASSE BEAU SITE 64200 BIARRITZf
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