General conditions of sale
Preamble
These general terms and conditions of sale apply to all sales concluded by a natural or legal person (hereinafter referred to as “the Buyer”) on the Jia Paris Website (hereinafter referred to as the “Site” or the “Seller”).
The Website https://jiaparis.com is a service of:
- The company Inclusive Beauty Paris, a limited liability company (Société à responsabilité limitée) whose registered office is located at: 174 RUE DU TEMPLE PARIS 75003
- Registered with the Paris RCS under number 908 567 852
- Website URL https://jiaparis.com
- Email: info@jiaparis.com
- Telephone number: 01 89 54 65 69
· Individual VAT number: FR76 908 567 852
The Jia Paris Website sells the following products: hair care, food supplements and hair accessories. The Buyer declares that they have read and accepted the general terms and conditions of sale before placing their order. Validation of the order therefore constitutes acceptance of the general terms and conditions of sale.
Article 1 – Principles
These general terms and conditions set out all of the parties' obligations. Accordingly, the Buyer is deemed to accept them without reservation.
These general terms and conditions of sale apply to the exclusion of all other conditions, in particular those applicable to in-store sales or sales through other distribution and marketing channels. They are available on the Jia Paris website and shall prevail, where applicable, over any other version or any other conflicting document.
The Seller and the Buyer agree that these general terms and conditions exclusively govern their relationship. The Seller reserves the right to amend its general terms and conditions from time to time. They will apply as soon as they are published online, only to sales made after the amendments. Should any condition of sale be missing, it shall be deemed to be governed by the practices in force in the distance-selling sector for companies whose registered office is in France.
Article 2 – Content
The purpose of these general terms and conditions is to define the rights and obligations of the parties in connection with the online sale of goods offered by the Seller to the Buyer through the Jia Paris website. These terms and conditions apply only to purchases made on the Jia Paris Site and delivered exclusively to mainland France or Corsica.
For any delivery to the French overseas departments and territories (DOM-TOM) or abroad, please send a message to the following email address: info@jiaparis.com. These purchases concern the following products: hair care products, food supplements and hair accessories.
Article 3 – Pre-contractual information
The Buyer acknowledges having received, prior to placing their order and concluding the contract, these general terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code, in a legible and comprehensible manner.
The following information is deemed to have been provided to the Buyer in a clear and comprehensible manner:
– The essential characteristics of the product;
– The price of the goods and/or the method of calculating the price;
– Where applicable, all additional transport, delivery or postage costs and any other charges that may be payable;
– Where the contract is not performed immediately, the date or time limit by which the Seller undertakes to deliver the goods, whatever their price;
– Information relating to the Seller's identity, postal, telephone and electronic contact details and activities; information relating to the legal guarantees, the functionalities of digital content and, where applicable, its interoperability, and the existence and terms of implementation of guarantees and other contractual conditions.
Article 4 – Products
The products governed by these general terms and conditions are those that appear on the Seller’s Website and are indicated as sold and shipped by the Seller. They are offered while stocks last.
The products are described and presented as accurately as possible. However, should any errors or omissions have occurred in this presentation, the Seller cannot be held liable. Product photographs are not contractually binding.
The Buyer will be informed of any unavailability of the product or item ordered. This information may be notified to the Buyer as follows:
- when placing their order; or
- by email, following validation of the order and before delivery.
If the ordered product is unavailable, the Buyer will be informed as soon as possible and will have the option of cancelling the order. The Buyer may then choose to request either a refund of the sums paid or an exchange of the product. The refund will be made within 14 days of the request.
The unavailability of a free sample or gift with purchase will not result in cancellation of the order.
Article 5 – Price
The Seller reserves the right to change its prices at any time but undertakes to apply the rates in force indicated at the time of the order, subject to availability on that date.
Prices do not include delivery charges, which are invoiced in addition and indicated before the order is confirmed.
Prices are shown in euros including all taxes and take into account the VAT applicable on the day of the order; any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store.
Should one or more taxes or contributions, in particular environmental ones, be created or modified, whether upwards or downwards, this change may be passed on to the sale price of the products.
Furthermore, if the Buyer uses a bank card linked to an account in a currency other than the euro, the Buyer’s bank may charge currency exchange fees and bank charges, which are payable solely by the Buyer.
Article 6 – Orders
The Buyer may place an order online, from the online catalogue and using the form provided there, for any product, subject to available stock.
To place an order on the Site, the Buyer clicks directly on the “ADD TO CART” button located below the displayed product and can then continue shopping.
Once the selection of products is complete, the Buyer may order from the cart by clicking on the “Checkout” button. A new page will then be displayed, and an order summary in the right-hand column will show all the information relating to the order. The Buyer must enter their delivery details and telephone number by filling in the form displayed. They must then choose the shipping method, the payment method, their billing address and enter their gift card code if they have one.
The Buyer will be asked to click on the “Review order” button. A summary of the order and of the information provided by the Buyer will be displayed.
During the ordering process, the Buyer may at any time check the details of the order and its total price. They will also be able to correct any errors or modify their order. The Buyer must then confirm the modified order.
After checking their order and details, they can click the “Pay now” button and proceed to pay for the order.
The sale will be considered final:
– After the Seller has sent the Buyer confirmation of acceptance of the order by e-mail;
– And after the Seller has received payment of the full price.
Any order constitutes acceptance of the prices and description of the products available for sale. Any dispute on this point will be handled in the context of a possible exchange and the warranties mentioned below.
In certain cases, in particular non-payment, an incorrect address or any other problem with the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem has been resolved.
For any question regarding the tracking of an order, the Buyer may:
– call the following telephone number: 01 89 54 65 69 (cost of a local call), on the following days and at the following times: Monday to Saturday, 9:30 am to 6 pm; or
– send an email to the Seller at the following email address: info@jiaparis.com.
Article 7 – Electronic signature
In accordance with the applicable legislative and regulatory provisions, it is recalled that the validation of the order form as specified in these general terms and conditions of sale constitutes an electronic contract between the parties, which serves as proof between the parties of the entirety of the order and of the payability of the sums due in performance of said order.
In the event of fraudulent use of the bank card, the Buyer is invited, as soon as such use is noticed, to contact the Seller at the following telephone number: 01 89 54 65 69.
Article 8 – Order confirmation
Once the order has been confirmed and its payment validated in accordance with the terms set out below, a summary of the Buyer’s order is displayed, stating in particular the order references, and giving the Buyer the option of printing or saving it.
The Seller provides the Buyer with an order confirmation by email.
Article 9 – Payment method
This is an order with an obligation to pay, which means that placing the order entails payment by the Buyer.
To pay for their order, the Buyer may choose from all the payment methods made available by the Seller and listed on the Seller's Site.
The Buyer guarantees to the Seller that they hold any authorizations that may be required to use the payment method they have chosen when validating the order form.
The Seller reserves the right to suspend all order processing and delivery in the event that payment authorization by bank card is refused by the officially accredited bodies or in the event of non-payment.
The Seller reserves the right, in particular, to refuse to make a delivery or to fulfill an order from a Buyer who has not paid for a previous order in full or in part, or with whom a payment dispute is being processed.
The price is paid in full on the day of the order, by payment by bank card, PayPal or Revolut Pay.
The transaction is carried out by the Buyer in accordance with banking security standards. To ensure the security of credit card payments on the Site, the Seller uses the services of a secure payment platform with a strong authentication system. Confidential data is encrypted on the server and is never transmitted to Jia Paris's computer server.
Article 10 – Proof of transaction
The computerized records, kept in the Seller's computer systems under reasonable security conditions, shall be deemed proof of the communications, orders and payments made between the parties. Order forms and invoices are archived on a reliable and durable medium that can be produced as evidence.
Article 11 – Delivery
11-1 Delivery time
Except in cases of force majeure or during periods when the online store is closed, which will be clearly announced on the Site's home page, shipping times will be, subject to available stock, those indicated below.
Shipping times run from the date the order is registered, as indicated in the order confirmation email.
For deliveries to Mainland France and Corsica, the dispatch time is 48 hours (except at weekends and on public holidays). Orders confirmed at the weekend or on a public holiday are processed on the following working day. All delivery times are estimated from the date your order leaves our fulfilment centre.
At Jia Paris, we offer Home delivery via Colissimo. Indicative delivery times are between 3 and 5 working days from the day after the Buyer placed the order.
In any event, and in accordance with the provisions of Article L. 216-1 of the French Consumer Code, the products ordered will be delivered within a maximum of thirty (30) days from the day following the day on which the Seller received the order form, subject to full payment of the price.
For deliveries to the French overseas departments and territories (DOM-TOM) or another country, the delivery terms will be specified to the Buyer on a case-by-case basis.
11-2 Late delivery
In the event of late delivery, the Buyer must notify the Seller as soon as possible so that the Seller can take the necessary steps with the postal services or the carrier.
If, during these steps, the products are found, they will be immediately re-routed to the address given by the Buyer on the order form. However, if the ordered products are not found at the end of these investigations, the Seller will, at its own expense, re-ship the products ordered by the Buyer.
If the Buyer requests a refund of their order, the Seller is required to reimburse the Buyer for all sums paid, no later than 14 days following the date on which the Buyer made this refund request.
11-3 Delivery and receipt terms
Delivery means the transfer to the consumer of physical possession or control of the goods. The products ordered are delivered according to the terms and within the time frame specified above.
Products are delivered to the address indicated by the Buyer on the order form; the Buyer must ensure that it is accurate.
Any parcel returned to the Seller due to an incorrect or incomplete delivery address will be reshipped at the Buyer's expense. The Buyer may, on request, have an invoice sent to a billing address different from the delivery address by selecting the option provided for this purpose on the order form.
If the Buyer is absent on the day of delivery, the courier will leave a delivery notice in the letterbox, allowing the parcel to be collected at the place and within the time limit indicated.
Upon receipt of the parcel, the Buyer must check that the order is compliant.
– If, at the time of delivery, the original packaging is damaged, torn or open, the Buyer must then check the condition of the items.
– If they have been damaged, the Buyer must refuse the parcel and note a reservation on the delivery slip (parcel refused because opened or damaged).
The Buyer must indicate fully and precisely on the delivery note, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared to the delivery note, damaged parcel, broken products…). Any such reservation must also be notified as soon as possible to the Seller's customer service, as indicated in Article 13.
This inspection is considered to have been carried out once the Buyer, or a person authorized by them, has signed the delivery note. The Buyer must then confirm these reservations to the carrier by registered letter no later than two working days after receipt of the item(s) and send a copy of this letter by fax or ordinary mail to the Seller at the address indicated in the Site's legal notice.
11-4 Customs duties and import taxes
For deliveries outside France, the Buyer is responsible for all customs duties and import taxes that may apply in their destination country. These charges are not included in the price of the products or in the delivery charges invoiced by the Seller and remain entirely payable by the Buyer. It is the Buyer's responsibility to find out about these charges from the local customs authorities before placing an order.
If the Buyer refuses the parcel because these charges have not been paid, no refund will be made for the delivery costs. Only the amount of the returned products may be refunded, provided they are received by the Seller in perfect condition.
Article 12 – Legal guarantees for products
The products sold comply with the French legislation in force.
The Seller cannot be held liable in the event of non-compliance with the legislation of the country in which the product is delivered or imported.
It is the Buyer's responsibility to check the regulations of the importing country with the local authorities.
12-1 Legal guarantee of conformity
The Seller guarantees the conformity of the goods sold with the contract, allowing the Buyer to submit a claim under the legal guarantee of conformity provided for in Articles L. 217-3 et seq. of the French Consumer Code.
Where the legal guarantee of conformity is invoked, it is noted that:
– the Buyer has a period of 5 years from the discovery of the lack of conformity to take action under the warranty. However, this warranty will only cover defects discovered within 2 years of delivery of the goods;
– the Buyer may choose between repair or replacement of the goods or, failing that, a reduction in the contract price or termination of the contract. The Buyer may also suspend payment of all or part of the price under the conditions of Articles 1219 and 1220 of the French Civil Code;
– the Buyer does not have to prove that the lack of conformity of the goods existed at the time of delivery if it arises within 24 months following delivery (12 months for second-hand goods).
12-2 Legal guarantee against hidden defects
In accordance with Articles 1641 et seq. of the French Civil Code, the Seller is liable for hidden defects that may affect the goods sold. It shall be for the Buyer to prove that the defects existed at the time the goods were sold and are such as to render the goods unfit for their intended use, or so diminish that use that the Buyer would not have acquired them.
This guarantee must be exercised within two years of discovering the defect. The Buyer may choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the French Civil Code.
Article 13 – Complaints
The Buyer must submit to the Seller, on the day of delivery or at the latest on the first working day following delivery, any claim concerning:
– of a delivery error; and/or
– of non-conformity of the products in kind or quality with the information shown on the order form.
Any claim made after this period will be rejected.
The claim may be made, at the Buyer's choice:
– By telephone at the following number: 01 89 54 65 69;
– By e-mail at the following address: info@jiaparis.com.
Any complaint not made in accordance with the terms set out above and within the time limits allowed cannot be accepted.
Upon receipt of the claim, the Seller will assign an exchange number to the product(s) concerned and will communicate it to the Buyer by e-mail. A product may only be exchanged after the exchange number has been assigned.
In the event of a delivery error or exchange, any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, by Colissimo Recorded Delivery, to the following address:
JIA PARIS AT BURLAT
1339 Rue de Cantaranne, ZI CANTARANNE,
12850 Onet-le-Château,
France
Return costs are borne by the Seller.
If the Buyer chooses a refund, the Seller will make this refund to the bank account used to place the order, as soon as possible and no later than 14 days following the Buyer's refund request.
Article 14 – Right of withdrawal
In accordance with the provisions of the French Consumer Code, the Buyer has a period of 14 calendar days from the date of delivery of their order to exercise their right of withdrawal. In this context, they may return any item that does not suit them and request an exchange or refund without penalty, with the exception of return costs, which remain the Buyer's responsibility.
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for certain contracts, including those for the supply of goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection.
Consequently, the products must be returned to the Seller, together with the return slip and the purchase invoice, in perfect condition for resale, in their original state (packaging, accessories, instructions…), duly sealed and unused, allowing them to be resold as new. Damaged, soiled or incomplete products will not be accepted. The Buyer shall return the products to the Seller, at the address provided by customer service and without undue delay, no later than fourteen (14) days following the date of withdrawal from their order.
The right of withdrawal may be exercised online, using the withdrawal form available on this Website: Withdrawal form. In this case, an acknowledgement of receipt on a durable medium will immediately be sent to the Buyer. Any other means of declaring withdrawal is accepted. It must be unambiguous and express the intention to withdraw.
If the right of withdrawal is exercised within the aforementioned period, the price of the product(s) purchased and the delivery charges are refunded. Return costs remain the responsibility of the Buyer.
The exchange (subject to availability) or refund of the amount of the order will be carried out without undue delay and, at the latest, fourteen calendar days from the day the Seller is informed of the Buyer's decision to withdraw.
The Seller may defer the refund until receipt of the returned products or until the Buyer has provided proof of shipment of the products, whichever occurs first.
Article 15 – Force majeure
Neither party shall be liable for the total or partial non-performance of its obligations under these general terms and conditions of sale if such non-performance is caused by an event constituting force majeure.
Cases of force majeure shall include any irresistible facts or circumstances, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by them despite all reasonably possible efforts. Expressly, the following are considered cases of force majeure or fortuitous events, in addition to those usually recognized by the case law of the French courts and tribunals: the blocking of means of transport or supply, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers. The parties will consult each other to examine the impact of the event and agree on the conditions under which performance of the contract will continue.
If the force majeure event lasts longer than three months, these general terms and conditions may be terminated by the injured party.
Article 16 – Capacity
The Buyer wishing to order products on the Site declares that they are at least 16 years old and able to enter into a commitment under these general terms and conditions of sale.
Article 17 – Intellectual property
The JIA PARIS brand, as well as all figurative or non-figurative trademarks and all illustrations, images and logos and any content appearing on the Site (including but not limited to the Legal Notice and these General Terms and Conditions of Sale) are and shall remain the exclusive property of the Seller or of the holder of the relevant intellectual property rights.
Any total or partial reproduction, modification or use of these trademarks, illustrations, images and logos, or any other content of the Site, for any reason and on any medium whatsoever, without the express, written and prior consent of the Seller or of the relevant holder of the intellectual property rights, is strictly prohibited. The same applies to all copyrights, designs and models, and patents appearing on and/or used on the Site. Any simple link or hyperlink is strictly prohibited without the express written consent of the Seller.
The Buyer undertakes not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute an offence of counterfeiting.
Article 18 – Data protection (Informatique et Libertés)
The personal data provided by the Buyer is necessary to process their order and to issue invoices. It may be shared with the Seller's partners responsible for the fulfilment, processing, management and payment of orders. The processing of information submitted through the Jia Paris Website has been declared to the CNIL.
The Buyer has a permanent right of access, modification, rectification and objection with regard to information concerning them. This right may be exercised under the conditions and in accordance with the procedures defined on the Jia Paris Site.
Article 19 – Protection of personal data
19-1 Data collected
The personal data collected on this Site are as follows:
– Account creation: when the user's account is created, their surname(s); first name; email address; telephone number; postal address;
– Login: when the user logs in to the Website, the Website records, in particular, their surname, first name, login, usage and location data and their payment data;
– Profile: using the services provided on the Website allows a profile to be completed, which may include an address and a telephone number;
– Payment: in connection with payment for the products and services offered on the Website, the Website records financial data relating to the user's bank account or credit card;
– Communication: when the Website is used to communicate with other members, data concerning the user's communications is stored temporarily;
– Cookies: cookies are used in connection with the use of the Site. The user can disable cookies in their browser settings.
19-2 Use of personal data
The personal data collected from users is intended to provide the services of the Website, improve them and maintain a secure environment. More specifically, the uses are as follows:
– Access to and use of the Website by the user;
– Management of the operation and optimization of the Website;
– Organisation of the terms of use of the Payment Services;
– Verification, identification and authentication of the data provided by the user;
– Offering the user the possibility of communicating with other users of the Website;
– Provision of user support;
– Personalization of services by displaying advertisements based on the user's browsing history, according to their preferences;
– Prevention and detection of fraud and malware (malicious software) and management of security incidents;
– Management of any disputes with users;
– Sending commercial and advertising information, based on the user's preferences.
19-3 Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
– When the user uses the payment services, in order to provide these services, the Website works with third-party banking and financial companies with which it has entered into contracts;
– When the user publishes publicly accessible information in the free comment areas of the Website;
– When the user authorises a third-party Website to access their data;
– Where the Website uses service providers to provide user support, advertising and payment services.
These service providers have limited access to the user's data, within the scope of performing these services, and are contractually bound to use it in accordance with the provisions of the applicable regulations on the protection of personal data;
– If required by law, the Website may transmit data in order to follow up on complaints made against the Website and to comply with administrative and judicial procedures;
– If the Website is involved in a merger, acquisition, asset sale or receivership proceedings, it may have to transfer or share all or part of its assets, including personal data. In this case, users would be informed before the personal data is transferred to a third party.
19-4 Security and confidentiality
The Website implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the Website cannot guarantee the security of the transmission or storage of information on the internet.
19-5 Exercise of users' rights
In accordance with the regulations applicable to personal data, users have the following rights, which they may exercise by sending their request to the following address: info@jiaparis.com.
- The right of access: they may exercise their right of access to find out the personal data concerning them. In this case, before this right is implemented, the Website may request proof of the user’s identity in order to verify its accuracy.
- The right to rectification: if the personal data held by the Website is inaccurate, they may request that the information be updated.
- The right to erasure of data: users may request the deletion of their personal data, in accordance with the applicable data protection laws.
- The right to restriction of processing: users may ask the Website to restrict the processing of personal data in accordance with the cases provided for by the GDPR.
- The right to object to data processing: users may object to their data being processed in accordance with the cases provided for by the GDPR.
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The right to data portability: they may request that the Website give them the personal data provided to it so that they can transfer it to a new Website.
19-6 Changes to this clause
The Website reserves the right to make any changes to this personal data protection clause at any time. If a change is made to this personal data protection clause, the Website undertakes to publish the new version on its Site.
The Website will also inform users of the change by email at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, they may delete their account.
Article 20 – Partial invalidity
If one or more provisions of these general terms and conditions are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent court, the other provisions shall retain their full force and scope.
Article 21 – Non-waiver
The fact that one of the parties does not invoke a breach by the other party of any of the obligations referred to in these general terms and conditions shall not be interpreted for the future as a waiver of the obligation in question.
Article 22 – Title
In the event of any difficulty of interpretation between any of the headings at the top of the clauses and any of the clauses, the headings shall be deemed non-existent.
Article 23 – Language of the contract
These general terms and conditions of sale are drawn up in French. Should they be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
Article 24 – Mediation and dispute resolution
In the event of a dispute, the Buyer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example).
The mediator's name, contact details and email address are available on our Site.
In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and traders in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/.
Article 25 – Applicable law
These general terms and conditions are governed by French law. Any dispute arising from them shall be submitted to the competent court within the national territory.
In the event of a dispute or complaint, the Buyer shall first contact the Seller to seek an amicable solution.