Terms and Conditions of Sale - Manufacture Jean-Rousseau

Terms & conditions of sale Manufacture Jean Rousseau

These Terms and Conditions of Sale have been updated as of September 1, 2018

1/ IDENTIFICATION :

These Terms and Conditions of Sale are published by Manufacture Jean Rousseau, SAS, with share capital of 660 000 € (hereinafter the ” Seller ”), registered in the Trade and Companies Registry of Besançon under the number 428 603 641, located at ZI de Champ Pusy, 25170 Pelousey – France – represented by Mr. Jacques Bordier, President of Jean Rousseau SAS, President of the company.

Email : customerservice@jean-rousseau.com

Its individual VAT identification number FR 81 428603641.

The Seller is the owner and publisher of the website www.jean-rousseau.com (hereinafter ” the Website ”).

The Website is hosted by Tête De Com, located at 2bis, Rue de l’Église 25000 Besançon, Tel +33 951 522 416. The servers are based in France.

Publishing director for the Website : Jacques Bordier.

The Website offers the Customer (hereinafter ” the Customer ”) the possibility of purchasing luxury leather goods online, in particular watchstraps (the ” Products ”).

Téléphone +33 (0)3 81 55 44 66 – Fax +33 (0)3 81 55 44 67

Before using the Website, the Customer must ensure that he/she has the technical and computer resources to use the Website and order the Products on the Website, and that his/her browser allows secure access to the Website. The Customer must also ensure that the computer configuration of the equipment is in good condition and does not contain any viruses.

Online sales are open only to consumers within the meaning of the Consumer Code. The Customer therefore undertakes that his/her order is carried out for his/her personal account and in no case within the scope of professional activity.

2/ APPLICATION AND OPPOSABILITY OF TERMS :

The purpose of these Terms & Conditions is to define all the conditions under which the Seller markets the Products, as offered for sale on the Website to Customers. They therefore apply to any Order (” Order ”) placed on the Website by the Customer.

The Customer declares to have read and accepted these Terms and Conditions before placing the Order.

The acceptance of these Terms and the purchase order placed on the Website form the Contract.

The Terms and conditions may be updated from time to time, those applicable are those in effect on the Website at the date of placing the Order.

Any contrary condition requested by the Customer would be, in the absence of express acceptance by Seller, unenforceable against the Seller regardless of when it may have been brought to its attention.

The fact that the Seller does not specifically refer to any specific provision of the Terms & Conditions at any given time cannot be interpreted as a waiver of any future provision of those Terms & Conditions.

3/ CREATION OF AN ACCOUNT :

Before placing an Order, the Customer will create an account on the Website by filling in the respective fields provided for this purpose.

The required fields must be completed sincerely, including all information relating to the identification of the individual or legal person. If a field is incorrectly filled, the Seller will not be held liable in the event that the Order cannot be respected due to this error.

Once the Registration has been made, the Customer can log in to his account with his Login and a password that he has previously chosen. This information is confidential and should not be communicated. In the event that the Customer becomes aware that this information has been stolen by a third party, he undertakes to modify it without delay and to inform the Seller. In addition, the Customer will disconnect at the end of each web session.

Each account can only be used by the Customer to whom the login belongs. Each Customer may only hold one account. It is forbidden to use a false identity or the identity of another person. If such a case should be discovered, the Customer is informed that his/her account will be closed without notice or compensation, and that any legal action may be brought against the Customer.

The Customer can access, on Customer web interface, the history of his/her orders and invoices.

It is not necessary to hold an account to place an Order. Each order placed must be for the Customer only and not for a third party.

4/ ORDERING PRODUCTS ON THE WEBSITE :

The Products offered for sale are described and presented on the Website with the greatest possible accuracy. Nevertheless, a minimal variation in the color of the Product (s) shall not be deemed to constitute guaranteed data and does not affect the validity of the Order. The photographs on the Website are not contractual.

The Seller reserves the right to amend the content of the Website at any time, including updating Products temporarily unavailable.

The Customer selects the Products he/she wishes to buy, and can access at any time the summary of the Order.

The summary of the Order lists the Product (s) that the Customer has selected and includes any additional costs such as the delivery costs in addition to the price of the ordered Products. The prices applied are those indicated on the Website on the day of placing the Order. The Customer has the opportunity to modify the Order and correct any errors before accepting the Order.

After having access to the summary of the Order, the Customer confirms acceptance of the Order by checking the validation box of the Terms and Conditions, then clicking on the validation icon of the Order. The mention “Order with payment obligation” or an unambiguous analogous formula appears next to the Order validation icon to ensure that the Customer explicitly acknowledges its obligation to pay the Order.

After acceptance of the Terms & Conditions and validation of the Order with payment obligation, the contract is validly concluded between the Seller and the Customer.

After the validation of the Order and in order to proceed to the payment, the Customer enters the details to which he/she wishes to obtain delivery of the ordered Products (s), and billing if they are different. The delivery process of the ordered Product (s) is described below.

The Seller then sends a confirmation of Order by email, including the elements of the summary of the Order and the delivery addresses and if applicable billing information.

After validating delivery details and billing if necessary, the Customer proceeds to the payment of the Order according to the terms specified below.

For any order of custom-made article, the modification of the Order is authorized during a period of forty-eight (48) hours. Beyond this period, no correction on the orders will be possible.

The dimensions being measured and filled in by the Customer during the process of ordering, they are communicated to Seller under Customer’s sole responsibility. The Product cannot be refunded, if the dimensions transmitted are not correct.

All details can be requested in writing or by phone from Jean Rousseau customer service whose contact details appear in the article customer service below.

A paper invoice with mention of payment is sent to the Customer with the package containing the Product.

Jean Rousseau reserves the right not to accept an order in cases where it considers that the Customer is not acting as a consumer, presents risks of insolvency, suspects fraud or is already in litigation with the Customer.

5/ PRICE AND TERMS OF PAYMENT OF THE ORDER

The prices are mentioned on the Website in the product descriptions, in euros and before tax and all taxes included. These prices are indicated excluding ancillary costs (delivery costs, etc ) which are added during the Order, before the acceptance of the Customer. The delivery costs are explained on the Website.

The total amount is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates the Order, informs and confirms the delivery details, and, if applicable, billing and proceeds to payment. This total amount is indicated including all taxes whenever applicable.

The Order of the Products on the Website is payable in Euros. The full payment must be made on the day of the Order by the Customer, by debit/credit card, Apple Pay or Paypal. they will be realized through the online payment platforms offered by the Seller’s bank, Apple Pay or Paypal to which the Customer will be automatically directed

The Customer is informed that the Seller requires the use of 3D Secure or Verified by Visa security features according to the Customer’s card. The latter is invited to request access to these services from his bank.

This system guarantees the Customer total confidentiality of his/her banking information. The bank card transaction between the Customer and the secure system is fully encrypted and protected. The bank details of the Customer are not stored electronically by the Seller.

The Customer guarantees to the Seller that he/she has the necessary authorizations to use the method of payment, when placing the Order.

The Seller reserves the right to suspend or cancel any execution and / or delivery of an Order, regardless of its nature and level of performance, in case of non-payment or partial payment of any sum that would be due by the Customer to the Seller, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the site and the payment of an Order.

6/ DELIVERY

The Product (s) offered on the Website may be delivered to Metropolitan France as well as to EU Member States, or other states excluding the UK, USA and Japan – those countries being operated from different platforms.

In accordance with the rules of the Consumer Code, the time between the validation of the order and the delivery of the Product (s) will not exceed thirty (30) days. If the deadline should be greater than thirty (30) days, the Order may be canceled by the Customer.

The Customer is informed by email, when the Order is ready, of the shipment. The Ordered Product (s) is (are) delivered to the delivery address indicated by the Customer when ordering under the conditions specified in these Terms.

Delivery is made via post or specialized carrier (depending on destination). The Order is tracked, the Customer having to sign a receipt.

The Customer must ensure that the information communicated is correct, and that it remains so until complete delivery of the ordered Product (s). The Customer undertakes to inform the Seller of any change in billing information and / or delivery that may occur between the Order and delivery, by sending, without delay, an email to the Customer Service email address . Failing this, in the event of delay and / or error of delivery, the Customer can not in any case engage the responsibility of the Seller in the event of default of delivery, and the Customer Service of the Seller will contact the Customer for a second delivery at the Customer’s expense.

The Seller will also not be liable if the non-receipt of the Products is due to a third party to the contract or in case of force majeure.

In case of return of the Order due to the absence of the Customer, the Seller’s Customer Service will contact the Customer for a second delivery at the Customer’ expense.

Upon delivery, the Customer is invited to check the package and its contents and to make reservations with the delivery service upon receipt, before accepting the delivery.

In case of damage during transport, justified protest must be made to the carrier within three days of delivery. When the ordered Product is no longer available, the Seller informs the Customer by e-mail. The Customer is refunded without delay and at the latest within thirty days of the date payment has been made. Beyond this term, these sums are yielding interest at the legal rate.

7. RETENTION OF OWNERSHIP – TRANSFER OF RISKS

The Customer obtains full ownership of the products sold only after full payment of the price, principal, fees and taxes included.

The transfer of the risks, in accordance with law, is when title passes upon delivery and the Customer takes possession of the delivered Products.

8. CUSTOMER SERVICE

For any request for information, clarification or for any claim, the Customer must contact, in priority, the Seller’s Customer Service, in order to allow the latter to try to find a solution to the problem.

Seller’s Customer Service is available from 10 am to 5 pm on non-holiday business days using the following coordinates:

– telephone (not surcharged): +33 (0) 3 81 55 44 95/96

– email: customerservice@jean-rousseau.com

– mail: Manufacture Jean Rousseau – Online Shop – ZI de Champs Pusy 25170 Pelousey France

9. LEGAL GUARANTEES

All Products offered for sale by the Seller are subject to legal guarantee of conformity as provided by law, and especially articles L.217-4, L.217-5 and L.217-12 of the Consumer Code, and regarding guarantee against hidden defects provided for in articles 1641 and 1648, first paragraph, of the Civil Code.

Article L.217-4 of the Consumer Code: ” The seller is responsible for delivering goods that conform to the contract and for all defects that may exist at the time of delivery”.

“He also is responsible for lack of conformity resulting from the packaging, assembly instructions or installation….”.

Article L.217-5 of the Consumer Code: ” The Product conforms to the contract:

1 ° If it is fit for customary use of a similar product and, where applicable:

– if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;

– if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;

2 ° Or if it has the features defined by mutual agreement of the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted ”.

Article L.217-12 of the Consumer Code: ” The action resulting from lack of conformity is prescribed by two years from the delivery of the product. ”

Article 1641 of the Civil Code: ” The seller must guarantee in respect of hidden defects for the article sold, which render it unfit for the use for which it was intended, or that decrease its use so that the buyer would not have bought it, or would have bought at a lower price, if this had been known. ”

Article 1648 of the Civil Code, first paragraph: “The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.”

If a Customer claims to have received a product he considers defective or non-compliant, he should contact the Seller as soon as possible after the receipt of the Order, to the following email: customerservice @ jean- rousseau.com or registered mail with return receipt to the following address: Manufacture Jean Rousseau – online Store – ZI de Champs Pusy 25170 Pelousey France, specifying the defect or non-compliance concerned.

It will be up to the Customer to provide any justification for the designation of apparent defects and / or anomalies noted. The Customer will have to leave the Seller any facility to proceed to the detection of these defects or nonconformities and to remedy it if necessary. He will refrain from intervening or involving a third party for this purpose.

Returned products must be:

in their original condition (new, never worn)
in their original packaging
accompanied by their invoice or a copy of it

accompanied by the reason for return

These warranties will not apply in the event of damage resulting from misuse or use not in accordance with the product’s instructions and purpose, incorrect maintenance of the Product or for any reason whatsoever. outside (accident, contact with a liquid, …).

Natural leather wristbands have a limited lifespan and are estimated from 6 months to 1 year for normal daily use.

The Seller is not responsible for the deterioration of a Product whose use by the Customer has not been consistent with its purpose or contrary to the recommendations of Jean Rousseau.

In order to maintain their quality and appearance, Jean Rousseau leather bracelets:

should never be immersed in water and more generally, should not be exposed to any liquid
are not intended to be worn when practicing manual or sports activities.

The Seller uses leather liners, respecting the Reach regulations and cannot therefore be held responsible for any reactions or allergies.

If defects and / or anomalies are confirmed by the Seller, the Seller will then send the Customer instructions on how to proceed after having read the complaint so formulated and, if necessary, will replace the defective or not conform article.

In the event that the exchange of the product is impossible, the Seller will be required to reimburse the Customer within fourteen days of receipt of the product. The refund will be made on the Seller’s proposal by credit to the Customer’s bank account, the Customer may opt for another method of reimbursement than the one proposed.

10. CUSTOMER’S OBLIGATIONS

The Customer agrees to comply with the terms of these Terms & Conditions of Sale.

The Customer agrees to use the Website in accordance with Seller’s instructions.

The Customer agrees to abstain:

– To use the Website in any illegal way, for any illegal purpose or in any way incompatible with these Terms & Conditions,

– To sell, copy, reproduce, rent, loan, distribute, transfer or sublicense all or part of the content contained on the Website or to decompile, disassemble, modify, display in readable form by the Customer, attempt to discover any code source or use any software that activates or includes all or part of the Website,

– To attempt to gain unauthorized access to the Website’s computer system or to engage in any disruptive activity, decreasing the quality or interfering with performance or damaging the functionality of the Website,

– To use the Website for abusive purposes by deliberately introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site,

– To infringe on the Seller’s intellectual property rights, the Products sold being copyrighted creations,

– To denigrate the Website and / or the products as well as the Seller on social media and any other means of communication,

– Not to use the Products in accordance with their purpose and their instructions for use;

– To resell the Products. For professionals wishing to resell, they should contact the Seller to know the products which can be resold.

If, for any reason, the Seller considers that the Customer does not comply with these Terms, the Seller may at any time, and in its sole discretion, remove his access to the Site and take any measures including any civil and criminal proceedings against him.

In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty.

To exercise the right of withdrawal of the Order, the Customer must notify its decision of retraction by means of an unambiguous declaration, without justifying reasons (see form to be used on page 12). The Customer can communicate his decision of retraction to the Seller by any means, in particular by sending it by mail to the Seller at the following address: Manufacture Jean Rousseau – Online Shop – ZI Champs Pusy 25170 Pelousey France or by email at customerservice @ jean-rousseau.com.

In case of notification to the Seller by the Customer of his decision to retract, regardless of the means used, the Seller will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including email).

The Customer must return the product (s) in the same condition as the one in which he / she received it (s), and with all the packaging elements, accessories and notices (even if ( s) product (s) has or have been unpacked (s)), as soon as possible and at the latest within 14 days from the notification of the decision of retraction of the present contract, with the following address: Manufacture Jean Rousseau – Online Shop – ZI de Champs Pusy 25170 Pelousey – France. In accordance with the law, the Customer bears the cost of returning the Product (s).

The Customer is invited, although this is not mandatory, to indicate the reason for return / retraction, in order to help the Seller improve his Product (s).

In the event of withdrawal of the Customer, the refund of the Product (s) which has or has been the subject of the right of withdrawal is made by the Seller by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this refund will not cause any costs for the Customer, except for the return costs of the Product (s) that remain the responsibility of the Customer. The refund is made as soon as

In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from receipt of the last product ordered on the Site to exercise his right of withdrawal from the Seller, without having to justify reasons or to pay a penalty.

To exercise the right of withdrawal of the Order, the Customer must notify its decision of retraction by means of an unambiguous declaration, without justifying reasons (see form to be used on page 12). The Customer can communicate his decision of retraction to the Seller by any means, in particular by sending it by mail to the Seller at the following address: Manufacture Jean Rousseau – Online Shop – ZI Champs Pusy 25170 Pelousey France or by email at customerservice @ jean-rousseau.com.

In case of notification to the Seller by the Customer of his decision to retract, regardless of the means used, the Seller will send him without delay an acknowledgment of receipt of the retraction on a durable medium (including email).

The Customer must return the product (s) in the same condition as the one in which he / she received it (s), and with all the packaging elements, accessories and notices (even if ( s) product (s) has or have been unpacked (s)), as soon as possible and at the latest within 14 days from the notification of the decision of retraction of the present contract, with the following address: Manufacture Jean Rousseau – Online Shop – ZI de Champs Pusy 25170 Pelousey – France. In accordance with the law, the Customer bears the cost of returning the Product (s).

The Customer is invited, although this is not mandatory, to indicate the reason for return / retraction, in order to help the Seller improve his Product (s).

In the event of withdrawal of the Customer, the refund of the Product (s) which has or has been the subject of the right of withdrawal is made by the Seller by the same means of payment as that used for the initial transaction, unless the Customer expressly agrees in a different way. In any case, this refund will not cause any costs for the Customer, except for the return costs of the Product (s) that remain the responsibility of the Customer. The refund is made as soon as possible, and no later than 14 days from the day the Seller has received the Products or received proof by the Customer of the return of the Products.

In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that he/she is only liable to the Seller for the depreciation of the returned Product (s) relating to the exercise of his/her right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

The right of withdrawal does not apply to customized/bespoke leather straps that the Customer has personalized by the choice of one or more technical options or sizing proposed when ordering.

The Seller ensures all means necessary to provide the Customer quality Product (s). However, he will not, under any circumstances, be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable circumstances of a third party who is not a party to the contract, or a case of force majeure. More generally, if the Seller’s liability would be incurred, it could in no way agree to compensate the Customer for indirect damages.

The Website may contain links to other websites, not edited nor controlled by the Seller ; the Seller will not be held responsible for the problem regarding operation, content or any element present or obtained through these websites.

The setting up of such links or reference to any information, articles or services provided by a third party, will not and should not be interpreted as an express or implied endorsement, by the Seller, of these websites and of their contents.

The Seller is not responsible for the accessibility of these sites and cannot control the content nor endorse the advertising, or product (s) and other information displayed on those websites.

of the return of the Products.

In accordance with Article L.221-23 of the French Consumer Code, the Customer is informed that he/she is only liable to the Seller for the depreciation of the returned Product (s) relating to the exercise of his/her right of withdrawal, resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this or these goods.

The right of withdrawal does not apply to customized/bespoke leather straps that the Customer has personalized by the choice of one or more technical options or sizing proposed when ordering.

LIABILITY

The Seller ensures all means necessary to provide the Customer quality Product (s). However, he will not, under any circumstances, be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which is attributable either to the Customer or to the unpredictable and insurmountable circumstances of a third party who is not a party to the contract, or a case of force majeure. More generally, if the Seller’s liability would be incurred, it could in no way agree to compensate the Customer for indirect damages.

The Website may contain links to other websites, not edited nor controlled by the Seller ; the Seller will not be held responsible for the problem regarding operation, content or any element present or obtained through these websites.

The setting up of such links or reference to any information, articles or services provided by a third party, will not and should not be interpreted as an express or implied endorsement, by the Seller, of these websites and of their contents.

The Seller is not responsible for the accessibility of these sites and cannot control the content nor endorse the advertising, or product (s) and other information displayed on those websites.

It is expressly stipulated that the Seller cannot be held responsible, in any way whatsoever, for the case where the computer equipment or the e-mail of the Customers rejects, for example because of an anti-spam, the e-mails sent by the Seller, and in particular, without this list being exhaustive, the copy of the payment voucher, the summary statement of the Order or the tracking e-mail.

The Seller attaches great importance to the respect of the private life and takes all the necessary measures to ensure the confidentiality and the security of the personal data of the Customers.

In view of selling Product(s) on offer on its Website, the Seller collects personal data of the Customers and in particular the following data:

– E-mail address

– First name

– Name

– Mailing address and delivery address

– Country

– Password

The Seller collects and processes the personal data of the Clients for the following purposes:

– Supply of the product (s) on the Site;

– Order management ;

– Management of the returns, exercise of the right of retraction, payment, invoicing …;

11. RIGHT OF WITHDRAWAL