The Seller carries out an e-commerce activity and offers an online product sales service on the website www.johannazaireofficiel.com These general conditions (hereinafter referred to as "Conditions") are exclusively reserved for consumer and non-professional Buyers.
ARTICLE 1 - SELLER
SIRET: 794 154 245 00037
APE code: 4791B
VAT NOT APPLICABLE, ARTICLE 293 B of the CGI
ARTICLE 2 - PURPOSE
The purpose of the Conditions is to define the rights and obligations of the Seller and the Buyer in the context of the sale of Products through the Site.
ARTICLE 3 - SCOPE
The Conditions apply to all sales of Products by the Seller to the Buyer, made through the Site. An order will only be taken into account by the Seller after prior acceptance of the conditions by the Buyer.
ARTICLE 4 - ORDER
The Buyer places his Order through the Site. The Buyer declares that he has read the Conditions before placing his order and acknowledges that the validation of his order implies acceptance of their terms. The Purchaser further acknowledges that the Conditions are made available to him in a manner that allows their conservation and reproduction, in accordance with article 1369-4 of the Civil Code. The offers presented by the Seller on the Site are valid for the duration of their posting and are subject to online revision without notice. In order to place the Order on the Site, the Purchaser must proceed via Paypal or bank transfer. The sales contract between the Seller and the Buyer is formed when the Buyer clicks on the "Pay" button when confirming his Order. Until this final stage, the Purchaser will have the possibility of returning to the previous pages and of correcting and modifying his Order and the information provided beforehand. A confirmation email, acknowledging receipt of the Order and containing all of this information, will then be sent to the Purchaser as soon as possible. The Purchaser must therefore provide a valid e-mail address when filling in the fields relating to his identity. In the event that a Product ordered by the Purchaser is unavailable, the Seller undertakes to inform the Purchaser thereof through its Site as soon as it becomes aware of this unavailability.
ARTICLE 5 - PAYMENT
The prices of the Products indicated on the pages of the Site correspond to the prices all taxes included and excluding participation in shipping costs. The Seller reserves the right to modify the prices of the Products presented on the Site. However, the Products will be invoiced to the Buyer on the basis of the prices in force at the time of validation of the order. The payment of the order will be made with the order, therefore before delivery by Paypal or Bank Transfer. Given the status of the company, VAT is not applicable, article 293 B of the CGI.
ARTICLE 6 - DELIVERY
The product will be delivered to the contact details indicated by the Buyer within the form filled out when ordering. The Seller undertakes to deliver the Product subject to the Order within 5 to 6 working days from the day following the validation of the Order. In the event of a delay in delivery following the shipment of the Product, the Buyer may cancel the Order and be reimbursed for the price of the Product as well as the return costs. If the Product is delivered after the cancellation of the Order, reimbursement will take place upon receipt by the Seller of the Product in its original state. In the event of this deadline being exceeded by the Seller within the framework of the shipment of the Product, an email will be sent to the Buyer and the latter will have the possibility to cancel the Order and, if his bank account has already been debited, to be reimbursed the price of the Product within 30 days. The return of the Product and the refund of the Purchaser will take place under the conditions set out below within article 7 "Cancellation - Withdrawal - Refund".
ARTICLE 7 - CANCELLATION - WITHDRAWAL - REFUND
(Ordinance n ° 2001-741 of August 23, 2001 art. 5 and art. 11 Official Journal of August 25, 2001) The consumer has a period of seven clear days to exercise his right of withdrawal without having to justify reasons or to pay penalties, except, where applicable, return costs. The period mentioned in the preceding paragraph runs from the reception for the goods or the acceptance of the offer for the provision of services. When the information provided for in Article L. 121-19 has not been provided, the period for exercising the right of withdrawal is increased to three months. However, when the supply of this information occurs within three months of receipt of the goods or acceptance of the offer, it runs the seven-day period mentioned in the first paragraph. When the seven-day period expires on a Saturday, a Sunday or a public or non-working day, it is extended until the next working day. Article L121-20-1 (inserted by Ordinance n ° 2001-741 of August 23, 2001 art. 5 and art. 12 Official Journal of August 25, 2001) When the right of withdrawal is exercised, the professional is obliged to reimburse without delay the consumer and at the latest within thirty days of the date on which this right was exercised. Beyond that, the sum due is ipso jure productive of interest at the legal rate in force. Article L121-20-2 (inserted by Ordinance n ° 2001-741 of August 23, 2001 art. 5 and art. 12 Journal Official of August 25, 2001) The right of withdrawal may not be exercised, unless the parties have agreed otherwise, for contracts: 1 ° Supply of services the execution of which has started, with the agreement of the consumer, before end of the period of seven clear days. 2 ° Supply of goods or services whose price is a function of fluctuations in financial market rates; 3 ° Supply of goods made up to the consumer's specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire quickly; 4 ° Supply of audio or video recordings or computer software when they have been unsealed by the consumer. 5 ° Supply of newspapers, periodicals or magazines. 6 ° Service of betting or lotteries authorized. In any event, the Buyer should return the product (s) concerned to the address given by the Seller, at his expense.
ARTICLE 8 - GUARANTEE
If the Product received by the Purchaser does not comply with the Product designated in his Order, this Product will be replaced or repaired, according to the wish expressed by the Purchaser, unless this wish entails a cost manifestly disproportionate to the eye of the other modality. If the wish expressed by the Purchaser cannot be carried out within the period of one month following his complaint, or if this repair or replacement is impossible, the Purchaser will have the option of either returning the Product and then having it returned the price of this Product if payment has already taken place, that is to keep the Product and to be reimbursed only part of the price. In addition, without prejudice to his aforementioned rights of withdrawal, cancellation and warranty of conformity, the Purchaser benefits from the Product of the warranty for hidden defects as provided for in articles 1641 to 1649 of the Civil Code. These guarantees take place at no cost to the Buyer. The return postage costs will be borne by the Seller.
ARTICLE 9 - RESPONSIBILITY
The Seller is automatically responsible to the Buyer for the proper execution of the Order. However, the seller cannot be held liable if he provides proof that the non-performance or poor performance of his obligations is attributable to the Buyer, to the unpredictable and insurmountable fact of a third party foreign to the provision of the services provided. to the Conditions, or to a case of force majeure. The Seller cannot be held liable for damage resulting from the fault of the Buyer in the context of the use of the Products.
ARTICLE 10 - INTELLECTUAL PROPERTY
All of the elements published within the Site, such as sounds, images, photographs, videos, writings, are protected by the provisions of the Intellectual Property Code and belong to the Seller and the Wix.com host. The Buyer agrees not to infringe the intellectual property rights relating to these elements and in particular to reproduce, represent, modify, adapt, translate, extract and / or reuse a qualitatively or quantitatively substantial part thereof, exclusion of acts necessary for their normal and proper use.
ARTICLE 11 - CONVENTION ON EVIDENCE
It is expressly agreed that the Parties may communicate with each other electronically for the purposes of the Conditions, provided that technical security measures intended to guarantee the confidentiality of the data exchanged are put in place. The two Parties agree that the Emails exchanged between them validly prove the content of their exchanges and, where applicable, of their commitments, in particular with regard to the transmission and acceptance of Orders.
ARTICLE 12 - PARTIAL INVALIDITY
If one or more of the stipulations of the Conditions were deemed illegal or null, this nullity would not have the effect of nullifying the other provisions of these Conditions, unless these provisions were inseparable from the invalidated stipulation.
ARTICLE 13 - APPLICABLE LAW
The Conditions are governed by French law.
ARTICLE 14 - ATTRIBUTION OF JURISDICTION
The Parties agree that in the event of a dispute that may arise concerning the execution or interpretation of the Conditions, they will endeavor to find an amicable solution.