Terms of sale
OVERVIEW
The www.jantier.com website ("Website") is operated by JANTIER, whose company details are stated in our Legal Notice.
On this Website, the terms "we", "us" and "our" refer to JANTIER and the terms "you" and "your" refer to the user who purchases from this Website ("Customer").
JANTIER offers this Website, including all information, tools, and services available to you, the user, conditioned upon your acceptance of these general terms and conditions of sale ("Terms of Sale") and all terms, conditions, policies, and notices set forth herein.
The Terms of Sale applicable to you are those in force on the day you place an order on the Website.
For the specific provisions regarding the proper use of our Website, we invite you to thoroughly review our Terms of Use.
ARTICLE 1 - PURPOSE OF THE WEBSITE AND ACCEPTANCE OF THE TERMS OF SALE
JANTIER purpose is to sell products of jewellery, bags, accessories, etc. ("Product/s").
Our Website is hosted on the Shopify servers (SHOPIFY INC., 151 O’Connor Street, Ground floor, Ottawa, ON K2P 2L8, France). This company provides us with the e-commerce platform that allows us to sell our Products to you.
Our Website offers Products intended for domestic and private use, even though any Customer may buy bulk. We therefore shall not be held liable for any use of the Products for commercial, business, distribution or resale purposes.
The Website is freely accessible to any Customer. The acquisition of a Product implies your acceptance of all of these Terms of Sale, and you acknowledge by the same fact that you have read them fully. Ticking the checkbox corresponding to the acceptance sentence of these Terms of Sale, having the mention "I have read and accept the Terms of Sale." or the like, will have the same value as a handwritten signature on your part and will constitute full acceptance of these Terms of Sale, constituting a sales contract ("Contract").
Acceptance of these Terms of Sale assumes that you are over eighteen (18) years of age and have the necessary legal capacity to enter into a contract. A minor or who does not have this legal capacity can only place an order or purchase Product/s under the supervision of their legal representative.
ARTICLE 2 - OUR PRODUCTS
Our Products may be available in limited quantities and may only be returned or exchanged in accordance with the cancellation, withdrawal and refund conditions described in Article 7 below.
We reserve the right, but are not obligated to do so, to limit sales of our Products in any geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Product we offer. All Product descriptions are subject to change at any time without notice and at our sole discretion. We reserve the right to stop offering a Product at any time.
The choice and purchase of Products are your sole responsibility and do not engage the responsibility of JANTIER.
The offers of Products presented by the Website are valid within the limits of available stocks. For products not stored in our warehouses, the offers presented by the Website are valid subject to availability from its suppliers.
The Products offered on the Website comply with the law and regulations in force. We cannot be held liable in the event of non-compliance with the legislation of another country where the products are delivered. It is therefore your responsibility to check with the local authorities in your country the possibilities of importing or using these Products.
We have done our best to display as clearly as possible the colours and images of our Products that appear on our Website. We cannot guarantee that your computer screen displays colours accurately. It is also possible that some variations in the presentation of the Products exist, especially in terms of packaging. Under no circumstances can JANTIER be held liable in the event of a change in the presentation of the Products.
The use of our Products for any illegal or unauthorised purpose is prohibited, nor must you, in connection with the use of the Website, violate the laws of your jurisdiction (including but not limited to copyright laws).
ARTICLE 3 - ORDERS
You access the details and physical characteristics of the Products by clicking on their photographs or item designations. When you select the desired number of items and click on the "Add to cart" button, the Product is placed in a virtual shopping cart.
When you click on the pictogram representing a supermarket trolley, at the top right of the screen, you will be taken to a summary page of the purchase you have just made.
If you wish to complete your purchases, you can continue the procedure by clicking on the "Checkout" button. If you are already registered, you can enter your username and password here in order to automatically use your saved data to place your order. You can also register as a new Customer and create a Customer account or continue shopping without creating a Customer account.
In order to validate your order, you will proceed to your payment by entering your bank details (credit/debit card number, validity date and security cryptogram on the back of the payment card). It is specified that your bank details will not be kept either by the Website or by JANTIER.
After a few moments, you will be sent an email confirming your order, reminding you of the content of the order and the price of it.
The Products sold remain the property of JANTIER or its suppliers until full payment of their price, in accordance with the retention of title clause described in Article 6 below.
We reserve the right not to accept or cancel any order from a Customer with whom there is a dispute relating to the payment of one or more previous orders.
You agree to provide current, complete and accurate order and account information for all orders placed on our Website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you if necessary.
ARTICLE 4 - DELIVERIES
Orders may take up to 2 business days to be processed by the warehouse before shipment via our delivery service provider (“Carrier”).
The packing/parcels labels validated by the Carrier shall be considered proof of the shipment.
Regular delivery time will generally vary between 2-5 business days, from the shipping confirmation email with the tracking number, depending on the warehouse where the Product/s is/are stored.
The specified delivery times are only valid for orders placed before 12pm EST.
However, delivery times can be affected by regional holidays, border clearance, information errors, issues with the Carrier, weather conditions, distances to be covered, delivery complications in areas of difficult access, or other operational factors. In these cases, it will be up to the Customer to contact the customer service of the Website to inquire about shipping or delivery times.
Upon receipt of your package, you must:
In any case, the Customer undertakes to provide all evidence allowing the Website to file a claim with the Carrier.
In the event that we are unable to deliver the Product ordered because we are not delivered by our suppliers, for reasons for which we cannot be held responsible, we shall have the right to withdraw from the Contract. In this case, we will inform you immediately and offer you a voucher or a refund for the total price paid.
Contact us via the Contact Form here to report an item not received.
ARTICLE 5 - PRICE, TERMS OF PAYMENT AND SHIPPING COSTS
5.1 PRICES AND TERMS OF PAYMENT: The prices of the Products are indicated in the legal currency including all taxes, excluding delivery costs.
Prices can be changed at any time, depending on the supplies and pricing policy of the different manufacturers.
We invoice on the basis of the rate in force at the time of ordering.
To place an order on this Website you must pay by credit/debit card. Credit/debit card payments are made through secure transactions provided by an online payment platform provider.
5.2 SHIPPING COSTS: Shipping costs are your responsibility and are invoiced in addition to the selling price of the Products, except for the case of “free shipping” offers under specific conditions. They are defined according to the place of delivery and the amount of your order.
ARTICLE 6 - RETENTION OF TITLE
The Products remain the property of JANTIER or its suppliers, as may be the case, until they are paid for in full. It is forbidden to pledge, give them as security, transform them or modify them before the transfer of ownership.
ARTICLE 7 - CANCELLATION, REPLACEMENT AND RETURN POLICY
7.1 CANCELLATION: You have 90 minutes from the validation of your order to cancel it, to prevent the order from being prepared and then having to pay restocking fees to our excessive detriment. For this you will have to contact our support by e-mail contact@jantier.com prior to the above-mentioned period.
Beyond this time, you will have to wait for delivery and return the Product/s to us for a refund as described in Article 7.3 below.
7.2 REPLACEMENT: Replacements are only available for the same Product of the same size/colour/feature when the Customer has received a different product from the one ordered. In this case, you will have to contact our support via Return Form here specifying that you would like a replacement and the relevant reason, no later than fourteen (14) days from the date of receipt of the Product/s.
The replacement for a different product or for the same item due to a size/colour/features issue are not allowed. In this case, you will have to return your original Product to obtain either a voucher or a refund, and you will have to place a new order for the size/colour/features you wish, following the procedure described in Article 7.3.
7.3 RETURN: In accordance with article L221-18 of the French Consumer Code, Consumers have a period of fourteen (14) days from the date of receipt of the product to exercise their right to withdraw from a contract concluded at a distance. However, as a commercial gesture we grant you a maximum period of thirty (30) days from the date of receipt of the Product/s to return it, without having to justify your decision (“Withdrawal Period”).
We undertake to refund the returned Product/s provided that it is returned intact in its original packaging, in the same condition as when it was received, without trace of use and accompanied by the documents specified below.
Any product returned without respecting these conditions will not be refunded.
To exercise the right of withdrawal you must:
- Contact us via the Return Form here to notify that you will exercise your right of withdrawal prior to expiration of the Withdrawal Period. You shall fulfil the form and submit it to our support via contact@jantier.com as specified in the instructions on the form.
- After receiving the completed Return Form, we will contact you via email to provide you with instructions for returning the Product. You must not return the Product/s without first reading the email instructions carefully. The Product/s must be returned accompanied by its original purchase invoice, or the delivery note given at the time of your order.
- Upon receipt of the returned Product/s, we will acknowledge receipt by email.
- After examining the returned Product/s, as per default the refund will be given in the form of a voucher for the total amount of the purchase, including delivery costs and return cost. If you want another form of refund, you must specify it on the Return Form mentioned in the previous point “a”, and we will do the refund using the same payment method used for the original transaction, unless you indicate otherwise by expressly detailing the payment method by which you would prefer to receive the refund.
You must then return the Product/s to the address that will be indicated to you as mentioned in the previous point “b” above, so the return costs will be at our expense. If the Product/s is/are sent to an address other than the one we have indicated to you, we reserve the right to refrain from any refund, including shipping costs.
The refund will be for the total amount paid by the Customer, including shipping and return costs, if applicable, without undue delay and at the latest within fourteen (14) days from the day we received the Return Form from the Consumer, except for delays not attributed to us. We reserve the right to defer the refund until receipt of the Product/s.
As permitted by law, the right of withdrawal does not apply to the following Products:
- Products which have been unsealed by the Consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
- Products likely to deteriorate or expire rapidly.
- Products that are manufactured in accordance with an individual choice or specification of the Customer or according to personalised needs or designs (e.g., customised Products).
- Products that have been inseparably mixed with other products due to their texture, after delivery.
- Any other goods or services excluded by current legislation.
ARTICLE 8 - WARRANTY
All Products for sale on the Website benefit from the legal warranty of conformity and the warranty against hidden defects, in accordance with Consumer Protection regulations in force, allowing you to return the Products delivered defective or non-compliant.
8.1 CONFORMITY WARRANTY: In accordance with Articles L.217-1 et seq. of the French Consumer Code, our suppliers and transport are required to deliver Products in conformity with the contract concluded with the Consumer and to respond to any lack of conformity existing at the time of delivery of the Product.
The warranty of conformity is granted for a one (1) year period and could be exercised if a defect should exist on the day of delivery of the Product, unless this lack of conformity is incompatible with the nature of the goods or of the defect claimed.
In the event of a lack of conformity, the Product shall be repaired, unless this entails a manifestly disproportionate cost compared to a mere replacement, taking into account the value of the Product/s or the importance of the defect.
8.2 HIDDEN DEFECTS WARRANTY: However, in accordance with articles 1641 to 1649 of the French Civil Code, where a defect in the Product/s has become apparent within two (2) years of the day of delivery of the Product/s, the Customer may decide to implement the guarantee against hidden defects of the thing sold if: (i) the defects presented did not appear at the time of purchase; (ii) were prior to the purchase (and therefore do not result from normal wear and tear of the Product, for example), and (iii) are sufficiently serious (the defect must either render the Product unfit for the use for which it is intended, or diminish such use to such an extent that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known of the defect). In this case, the Customer may choose between the resolution of the sale or a reduction of the sale price, pursuant to Article 1644 of the French Civil Code.
8.3 EXERCISE OF THE RIGHT TO THE WARRANTY
Requests for replacement or refund for a non-compliant Product/s as described in Articles 8.1 and 8.2 must be made via the Contact Form available here.
All requests must be accompanied by:
Any request for warranty implementation made without complying with the conditions set out above will not be taken into account.
You must then send the Product to the address that will be communicated to you, the shipping costs will be at our expense. If the Product is sent to an address other than the one we have indicated to the Customer, we reserve the right to return the Product to the Customer with the shipping costs due. The latter must then return the Product to the correct address.
After verification and validation of the problem, we will offer you: (i) to replace the Product (only if the replacement Product is in stock); (ii) to refund the amount of the purchase in the form of a voucher(if you want another form of refund, please let us know).
If necessary, the replacement or refund is subject to receipt of the defective Product returned by the Customer, but the costs of the exchange or refund procedure (including the return shipping costs of the Product) will then be borne by us.
ARTICLE 9 - LIABILITY
The Products offered by the Website comply with the regulations in force.
JANTIER cannot be held liable for the non-performance of the Contract in the event of stock shortage or unavailability of the Product, force majeure, disruption, or strike of means of transport and/or communications.
JANTIER cannot be held liable for any indirect damage that may occur as a result of the purchase of the Products.
The total or partial impossibility of using the Products, due in particular to an incompatibility of equipment, can not engage the responsibility of JANTIER nor give rise to any compensation or refund.
The Website also provides information from third parties, and links to other websites. In no event shall JANTIER be liable for any damages resulting from the use, access to, or inability to use such third-party information, or the content of other websites.
The liability of JANTIER is strictly limited to the direct damage actually suffered and proven by the Customer and in any event may not exceed the sums paid by the Customer and received by JANTIER for the purchase generating the damage or claim.
You agree to indemnify, defend and hold harmless JANTIER, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the breach of these Terms of Sale or the documents to which they refer to, or violate any law or the rights of a third party.
ARTICLE 10 - DATA PROTECTION
To find out how and to what extent we collect, process, use, and protect your personal data, we invite you to thoroughly review our Privacy Policy.
ARTICLE 11 - MISCELLANEOUS
11.1 SEVERABILITY: In the event that any provision of these Terms of Sale is held to be unlawful, void or unenforceable, such provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable part shall be deemed to be severed from these Terms of Sale, such severance shall not affect the validity and enforceability of all remaining provisions.
11.2 NO WAIVER: Any failure by us to exercise or enforce any right or provision of these Terms of Sale shall not be construed in the future as a waiver of such right or provision.
11.3 ENTIRE AGREEMENT: These Terms of Sale or any other policy, terms and conditions, or operating rules we post on this Website constitute the entire agreement between you and us and supersede all prior and contemporaneous communications, proposals, and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Sale).
ARTICLE 12 - CHANGES TO THE TERMS OF SALE
You can review the most current version of the Terms of Sale at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Sale by posting updates and changes on our Website. It is your responsibility to visit our Website regularly to check for changes. Your continued use of, or access to, our Website following the posting of any changes to these Terms of Sale constitutes acceptance of those changes.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
These Terms of Sale, as well as any other separate agreements regarding the sale of the Products, shall be governed by and construed in accordance with the laws and regulations in force in France, irrespective of any other law or regulation that may apply to the Customer.
In accordance with Article 14 of Regulation 524/2013 of the European Parliament and of the Council of 21 May 2013 on the settlement of consumer disputes online, the Customer is informed that they may file their complaints on the dispute resolution platform available via the following link:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show, which we consider applicable and is competent to resolve disputes relating to contractual obligations arising from online sales or service contracts.
Notwithstanding the foregoing, the Customer may choose another dispute resolution centre specialised in online sales that they consider to be more convenient and/or protective of their rights.
Likewise or failing to reach a settlement, any dispute, discrepancy, or complaint on the interpretation and/or application of these Terms of Sale, or arising out of or in connection with the Contract, to the non-exclusive jurisdiction of the competent Courts for contractual obligations arising from online sales, where JANTIER is located, irrespective of the jurisdiction provided by the regulations in matters involving end consumers as defined by the applicable law.
ARTICLE 14 - PRINTABLE VERSION
By clicking here, you can obtain a printable version of these Terms of Sale. You can print them or save them to your computer or electronic device.
QUESTIONS AND CONTACT
For more information, please contact us via the Contact Form here.
Last update, 30 November 2023.
