General conditions of sale
Preamble
These general conditions of sale apply to all the sales concluded, by a natural or legal person (hereinafter referred to as "the Buyer"), on the JIA Paris website (hereinafter referred to as "Site").
The website https://jiaparis.com is a service of:
- The company, inclusive Beauty Paris, limited liability company whose head office is located: 174 rue du Temple Paris 75003
- Registered with the RCS of Paris 908 567 852
- Site URL address https://jiaparis.com
- E-mail: info@jiaparis.com
- Phone number: 07 67 18 35 72
The JIA Paris website markets the following products: hair care, food supplements and hair accessories. The Customer declares that they have read and have accepted the general conditions of sale prior to the placing of his order. The validation of the order is therefore worth acceptance of the general conditions of sale.
Article 1 - Principles
These general conditions express all the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation. These general conditions of sale apply to the exclusion of all other conditions, and in particular those applicable for store sales or by other distribution and marketing circuits. They are accessible on the JIA Paris website and will prevail, if necessary, on any other version or any other contradictory document. The seller and the buyer agree that these general conditions govern their relationship exclusively. The seller reserves the right to punctually modify its general conditions. They will be applicable as soon as they put online. If a condition of sale were to be lacking, it would be considered to be governed by the uses in force in the distance selling sector whose companies have their headquarters in France.
Article 2 - Contents
The purpose of these General Conditions is to define the rights and obligations of the parties as part of the online sale of goods offered by the seller to the buyer, from the JIA Paris website. These conditions only concern purchases made on the JIA Paris site and delivered exclusively in mainland France or Corsica. For any delivery in the overseas departments and abroad, a message should be sent to the following email address: info@jiaparis.com. These purchases concern the following products: hair care, food supplements and hair accessories.
Article 3 - Pre -contractual information
The Buyer acknowledges having had communication, prior to the placing of his order and the conclusion of the contract, in a readable and understandable manner, these general conditions of sale and all the information listed in article L. 221- 5 of the Consumer Code.
Are deemed to have been transmitted to the buyer, in a clear and understandable manner, the following information:
- the essential characteristics of good;
- the price of the property and/or the price calculation method;
- if applicable, all additional transport, delivery or postage costs and all other possible costs due;
- in the absence of immediate execution of the contract, the date or period at which the seller undertakes to deliver the property, whatever his price;
- information relating to the identity of the seller, its postal, telephone and electronic contact details, and its activities, those relating to legal guarantees, the functionalities of the digital content and, if necessary, its interoperability, the existence and the terms of implementation of guarantees and other contractual conditions.
Article 4 - The order
The buyer has the possibility of placing his order online, from the online catalog and by means of the form that appears there, for any product, within the limits of available stocks. The buyer will be informed of any unavailability of the product or the property ordered.
In order for the order to be validated, the buyer must accept, by clicking in the place indicated, these general conditions. He will also have to choose the address and the delivery method, and finally validate the payment method.
The sale will be considered final:
- After sending the buyer to confirm the acceptance of the order by the seller by email;
- and after collection by the seller of the full price.
Any order incorporates the acceptance of prices and the description of the products available for sale. Any dispute on this point will take place within the framework of a possible exchange and the guarantees below mentioned.
In some cases, including payment defect, erroneous address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is resolved.
For any questions relating to the follow -up of an order, the buyer can call the following telephone number: 07 67 18 35 72 (cost of a local call), at the following days and hours: Monday to Saturday, from 9:30 am to 6 p.m., or send an email to the seller to the following email address: info@jiaparis.com.
Article 5 - Electronic signature
The online supply of the buyer's bank card number and the final validation of the order will be proof of the buyer's agreement:
- ESSEMBLIBILITY OF SUMMERS DUE UNDER OF THE CONTROL PLAGE;
- Signature and express meaning of all operations carried out.
In the event of fraudulent use of the bank card, the buyer is invited, as soon as this use is observed, to contact the seller at the following telephone number: 07 67 18 35 72.
Article 6 - Order confirmation
The seller provides the buyer with an order confirmation, by electronic messaging.
Article 7 - Proof of the transaction
Computerized registers, kept in the seller's computer systems under reasonable security conditions, will be considered as evidence of communications, orders and payments between the parties. The archiving of purchase orders and invoices is made on a reliable and durable support that can be produced as proof.
Article 8 - Product information
The products governed by these general conditions are those which appear on the seller's website and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks. The products are described and presented with the greatest accuracy possible. However, if errors or omissions have been able to occur as for this presentation, the seller's responsibility could not be engaged. Product photographs are not contractual.
Article 9 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the prices in force indicated at the time of the order, subject to availability on this date. The prices are indicated in euros.
They do not take into account the delivery costs, invoiced in addition, and indicated before the validation of the order.
Prices take into account the VAT applicable on the day of the order and any change in the rate applicable VAT will automatically be passed on to the price of online store products.
If one or more taxes or contributions, especially environmental, came to be created or modified, upwards as down, this change may be reflected in the sale price of products.
ARTICLE 10 - Payment method
This is an order with payment obligation, which means that placing the order implies a buyer's payment.
To pay his order, the buyer has, at his choice, all the payment methods made available to him by the seller and listed on the seller's website.
The buyer guarantees the seller that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the order form.
The Seller reserves the right to suspend any order management and any delivery in the event of refusal of authorization to pay by bank card on the part of the organizations officially accredited or in the event of non-payment. The seller reserves in particular the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially set a previous order or with whom a payment dispute would be being administrated .
Payment of the price is made in full on the day of the order, according to the following terms:
- Bank card.
Article 11 - Product availability - Refund - Resolution
Except in case of force majeure or during the closing periods of the online store which will clearly be announced on the site's home page, shipping times will be, within the limits of available stocks, those indicated below.
Shipping times run from the date of registration of the order indicated on the order confirmation email.
For deliveries in mainland France and Corsica, the deadline is 48 hours (except during weekends and holidays). Orders validated on weekends or a public holiday are processed the next working day. All delivery times are estimated from the departure date of your order from our treatment center.
For delivery, it is advisable to count between 3 and 5 working days from the day following that when the buyer placed his order, according to the following terms: at JIA Paris we offer home delivery via Colissimo.
At the latest, the period will be 30 working days after the conclusion of the contract.
For deliveries in the French overseas departments and territories or another country, the delivery methods will be specified to the buyer on a case-by-case basis.
In the event of non-compliance with the agreed date or delivery time, the buyer must, before breaking the contract, enjoin the seller to execute it within a reasonable additional time.
In the absence of execution at the expiration of this new period, the buyer may freely break the contract. The buyer must complete these successive formalities by registered letter with acknowledgment of receipt or by a writing on another lasting medium. The contract will be considered to be resolved by the seller of the letter or the writing informing him of this resolution, unless the professional has executed in the meantime. The buyer may however immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract.
In this case, when the contract is resolved, the seller is required to reimburse the buyer of all the sums paid, at the latest within 14 days of the date on which the contract was denounced. In the event of unavailability of the ordered product, the buyer will be informed as soon as possible and will be able to cancel his order. The buyer will then have the choice to request either the reimbursement of the sums paid within 14 days at the latest of their payment, or the exchange of the product.
Article 12 - Delivery methods
Delivery means the transfer to the consumer of physical possession or the control of the property. The products ordered are delivered according to the terms and delay specified above.
The products are delivered to the address indicated by the buyer on the order form, the buyer must ensure his accuracy.
Any package returned to the seller because of an incorrect or incomplete delivery address will be re -expressed at the buyer's expense. The buyer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
If the buyer is absent on the day of delivery, the delivery person will leave a passing notice in the mailbox, which will allow the package to be removed at the place and time indicated.
If at the time of delivery, the original packaging is damaged, torn, open, the buyer must then check the condition of the items.
If they have been damaged, the buyer must imperatively refuse the package and note a reserve on the delivery slip (parcel refused because they are open or damaged).
The buyer must indicate on the delivery slip and in the form of handwritten reserves accompanied by his signature any anomaly concerning delivery (damage, missing product compared to the delivery slip, damaged packages, broken products, etc.). This verification is considered to be carried out as soon as the buyer, or a person authorized by him, has signed the delivery slip. The buyer must then confirm by registered mail these reservations to the carrier at the latest within two working days of receipt of the articles (s) and send a copy of this letter by fax or simple mail to the seller at the address indicated in the mentions site's legal.
If the products need to be returned to the seller, they must be the subject of a return request to the seller within 14 days of delivery. Any complaint made out of this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging, accessories, instructions, etc.).
Article 13 - Delivery errors
The buyer must formulate with the seller the same day of the delivery or at the latest the first working day following the delivery, any complaint of delivery and/or non-compliance of products in kind or in quality compared to indications appearing on the order form. Any complaint made beyond this period will be rejected.
The complaint may be made, at the choice of the buyer:
- By phone at the following number: 07 67 18 35 72 ;
-By e-mail at the following address: info@jiaparis.com.
Any complaint not made in the rules defined above and within the time limits cannot be taken into account and will release the seller from any responsibility vis-à-vis the buyer. Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and communicate it by e-mail to the buyer. The exchange of a product can only take place after the allocation of the exchange number. In the event of a delivery or exchange error, any product to be exchanged or reimbursed must be returned to the seller as a whole and in his original packaging, in Colissimo recommended, at the following address: JIA Paris at Neolys Za PARISUD - Boulevard d'Italie - Quai 607 77127 Lieusaint. The return costs are the responsibility of the seller.
Article 14 - Product guarantee
The products sold complies with the French legislation in force.
The seller's responsibility cannot be engaged in the event of non-compliance with the legislation of the country in which the product would be delivered or imported.
It is up to the buyer to check the regulations of the importing country with local authorities.
14-1 Legal compliance guarantee
The seller is responsible for the compliance of the property sold to the contract, allowing the buyer to make a request for the legal guarantee of compliance provided for in articles L. 217-4 and following of the Consumer Code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
- The buyer benefits from a period of 2 years from the issuance of the property to act;
-the buyer can choose between the repair or replacement of the property, subject to the cost conditions provided for in article L. 217-17 of the consumer code;
-The buyer does not have to provide proof of the non-compliance of the property during the 24 months in the event of new goods (6 months in the event of second-hand goods), depending on the issuance of the property.
14-2 Legal guarantee of hidden defects
In accordance with articles 1641 and following of the Civil Code, the seller guarantees hidden defects that may affect the property sold. It will be up to the buyer to prove that the vices existed for the sale of the property and are likely to make the property unfit for the use for which it is intended. This guarantee must be implemented within two years from the discovery of the vice. The buyer can choose between the resolution of the sale or a price reduction in accordance with article 1644 of the civil code.
Article 15 - Right of withdrawal
Application of the right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 days from the date of delivery of his order, to return any article that does not suit him and request the exchange or reimbursement without penalty, With the exception of the return costs which remain the responsibility of the buyer. The feedback is to be made in their original and complete condition (packaging, accessories, instructions, etc.) allowing their new condition to be recommented, accompanied by the purchase bill. Damaged, salis or incomplete products are not included.
The right of withdrawal can be exercised online, using the withdrawal form available on this website. In this case, an acknowledgment of receipt on a sustainable medium will be immediately communicated to the buyer. Any other method of withdrawal is accepted. It must be devoid of ambiguity and express the will to retract.
In the event of the exercise of the right of withdrawal within the aforementioned period, the price of the purchased product (s) and delivery costs are reimbursed. The return costs are borne by the buyer. The exchange (subject to availability) or the refund will be made within 15 days, and at the latest, within 14 days of receipt, by the seller, of the products returned by the buyer in the conditions provided above.
Exceptions
According to article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for contracts:
- provision of goods whose price depends on fluctuations on the financial market escaping the control of the professional and likely to occur during the withdrawal period;
- provision of goods made according to consumer specifications or clearly personalized; - provision of goods likely to deteriorate or expire quickly;
- the supply of goods which have been unconstruction by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
- provision of goods which, after having been delivered and by their nature, are inseparable with other articles;
-supply of alcoholic beverages whose delivery is delayed beyond thirty days and whose value agreed at the conclusion of the contract depends on fluctuations on the market escaping the control of the professional;
- maintenance or repair work to be carried out in an emergency at the consumer's home and expressly requested by him, within the limits of spare parts and strictly necessary work to respond to the urgency;
- provision of audio or video recordings or computer software when they were unicked by the consumer after delivery;
- the supply of a newspaper, a periodical or a magazine, except for the subscription contracts to these publications;
- Supply of digital content not provided on a material medium whose execution began after express prior agreement of the consumer and expressly renouncing their right of withdrawal.
Article 16 - force majeure
All circumstances independent of the will of the parties preventing execution under normal conditions of their obligations are considered as causes of exemption from the obligations of the parties and lead to their suspension. The part which invokes the circumstances referred to above must immediately warn the other part of their occurrence, as well as their disappearance.
Will be considered as force majeure all irresistible facts or circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all the reasonably possible efforts. Expressly, are considered as force majeure or fortuitous cases, in addition to those usually retained by the case law of French courses and courts: blocking of means of transport or supplies, earthquakes, fires, storms, floods, Lightning, stopping telecommunications networks or difficulties specific to external telecommunications networks to customers. The parties will come closer to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued.
If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured part.
Article 17 - Intellectual property
The JIA Paris brand, as well as all of the figurative or not brands and all the illustrations, images and logotypes and any content on the site (including but not limited to the legal notices and these general conditions of sale) are and will remain the exclusive property of the seller or the holder of the intellectual property rights concerned.
Any total or partial reproduction, modification or use of these brands, illustrations, images and logotypes, or any other content of the site for any reason and on any medium whatsoever, without express, written and prior agreement of the seller or the holder of the rights of intellectual property concerned is strictly prohibited. The same is true for all copyrights, drawings and models, patents appearing and/or used on the site. Any simple or hypertext link is strictly prohibited without an express written agreement from the seller.
Buyers are committed to making no use of this content; Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an offense of counterfeiting.
Article 18 - IT and freedoms
The personal data provided by the buyer is necessary for the processing of his order and the establishment of invoices. They can be communicated to the seller's partners responsible for the execution, processing, management and payment of orders. The processing of information communicated through the JIA Paris website has been declared to the CNIL. The buyer has a permanent right of access, modification, rectification and opposition with regard to information concerning him. This right can be exercised under the conditions and according to the terms defined on the JIA Paris site.
Article 19-Partial non-validation
If one or more stipulations of these General Conditions are held for non -valid or declared such as law, regulation or following a final decision of a competent court, the other stipulations will keep all their strength and their scope.
Article 20-Non-renunciation
The fact for one of the parties not to claim a breach by the other party to any of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation In question.
Article 21 - Title
In the event of difficulty in interpretation between any of the titles appearing at the top of the clauses, and any of the clauses, the titles will be declared nonexistent.
Article 22 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text is faith in the event of a dispute.
Article 23 - Mediation and settlement of disputes
The buyer can use conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative mode of dispute settlement (conciliation, for example) in the event of dispute.
The mediator's names, 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 settlement platform, facilitating the independent settlement by extrajudicial disputes between consumers and professionals of the 'European Union. This platform is accessible to the following link: https://webgate.ec.europa.eu/odr/.
Article 24 - Applicable law
These general conditions are subject to the application of French law. Any dispute arising from the present will be subject to the competent court on the national territory.
In the event of a dispute or complaint, the buyer will primarily aim at the seller to obtain an amicable solution.
Article 25 - Protection of personal data
Data collected
The personal data that is collected on this site are as follows:
- Account opening: When creating the user's account, his names; first name ; Electronic address; telephone number; Postal address;
- Connection: When connecting the user to the website, the latter records, in particular, its name, first name, connection, use, location data and its payment data;
- profile : The use of the services provided on the website allows you to provide a profile, which can include an address and a telephone number;
- payment : As part of the payment of the products and services offered on the website, the latter records financial data relating to the bank account or the user's credit card;
- communication : When the website is used to communicate with other members, user communications data are subject to temporary conservation;
- Cookies: Cookies are used, as part of the use of the site. The user can deactivate cookies from the parameters of his browser.
Use of personal data
Personal data collected from users aims to provide website services, improve and maintain a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user;
- Management of operation and optimization of the website;
- Organization of the conditions of use of payment services;
- Verification, identification and authentication of data transmitted by the user;
- User's proposal for the possibility of communicating with other website users;
- Implementation of user assistance;
- personalization of services by displaying advertisements according to the user's browsing history, according to their preferences;
- Prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
- Management of possible disputes with users;
- Sending of commercial and advertising information, depending on the user preferences.
Sharing personal data with third parties
Personal data can be shared with third -party companies, in the following cases:
- when the user uses payment services, for the implementation of these services, the website is in relation to third -party banking and financial companies with which it has passed contracts;
- when the user publishes, in the free comments areas of the website, information accessible to the public;
- when the user authorizes a third party's website to access their data;
- When the website uses service providers to provide user assistance, advertising and payment services.
These providers have limited access to user data, as part of the execution of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable data protection regulations staff ;
- If the law requires, the website can carry out data transmission to follow up on the complaints presented against the website and comply with administrative and judicial procedures;
- If the website is involved in a merger, acquisition, asset transfer or receivership procedure, it may be required to yield or share all or part of its assets, including personal data. In this case, users would be informed, before personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the safety of the transmission or storage of information on the Internet.
Implementation of user rights
Pursuant to the regulations applicable to personal data, users have the following rights, which they can exercise by requesting the following address: info@jiaparis.com.
- The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the user's identity in order to verify its accuracy.
- The right of rectification: If the personal data held by the website is inaccurate, they can request the update of information.
- The right to delete data: Users can request the deletion of their personal data, in accordance with the applicable data protection laws.
- The right to limit processing: Users may request the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
- The right to oppose data processing: users can oppose that their data is processed in accordance with the hypotheses provided for by the GDPR.
- The right to portability: they can claim that the website gives them the personal data provided to it to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification 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 modification by electronic messaging, within a minimum of 15 days before the effective date. If the user does not agree with the terms of the new drafting of the personal data protection clause, he has the possibility of deleting his account.
