GENERAL CONDITIONS OF SALE

ARTICLE 1: SCOPE OF APPLICATION

These general terms and conditions of sale (hereinafter referred to as the " General Terms and Conditions of Sale ") apply to all sales concluded between:

- on the one hand, the company Investment United,
limited liability company,
with a capital of 20,000 euros,
Registered with the Bobigny Trade and Companies Register under number 504 980 400, registered office address: 8-10 rue de Bois Moussay - 93240 Stains
Email address: contact@jcl-by-iu.fr
Telephone: 01 58 69 32 09
(hereinafter " JCL PARIS ")

- and on the other hand, (i) a professional buyer (hereinafter " Professional Buyer ") or (ii) a consumer buyer as defined in the preliminary article of the Consumer Code (hereinafter the " Consumer Buyer "); the Professional Buyer and the Consumer Buyer are hereinafter collectively referred to as the " Buyer ".

for the purchase of products offered for sale by JCL PARIS (hereinafter the " Product(s) ") on its website " byjulie.co " and/or " byjulie.eu " (hereinafter the " Site ").

The General Terms and Conditions of Sale apply to the exclusion of all other conditions, including those applicable to sales in stores or through other distribution and marketing channels.

The General Terms and Conditions of Sale are accessible at any time on the Site and shall prevail, where applicable, over any other version or any other contradictory document, including any other document issued by the Buyer, in particular over any general terms and conditions of purchase.

The Buyer declares having read these General Terms and Conditions of Sale before validating the order, in accordance with the terms of Article 3 below. Validation of the order by the Buyer constitutes unreserved acceptance of these General Terms and Conditions of Sale.

Unless proven otherwise, the data recorded by JCL PARIS constitutes proof of all communications, orders, transactions and payments.

JCL PARIS reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without prior notice by publishing a new version on the Website. The applicable General Terms and Conditions of Sale are those in effect on the date the order is validated.

In accordance with current regulations, JCL PARIS reserves the right to deviate from certain clauses of these General Terms and Conditions of Sale, depending on negotiations conducted with the Buyer, by establishing specific terms of sale.

JCL PARIS may also establish category-specific terms and conditions of sale, which may deviate from these General Terms and Conditions of Sale, depending on the type of customer, determined based on objective criteria. In this case, the category-specific terms and conditions of sale will apply to all operators meeting these criteria.

The Parties agree that the photographs of the Products for sale on the Site and the descriptions illustrating them have no contractual value.

ARTICLE 2: RATES

The Products are supplied at the prices in effect on the Site at the time the order is validated, in accordance with the terms set out in Article 3.1 below. The validity period of offers and prices is determined by updates to the Site.

Prices are fixed and non-revisable during their period of validity, as indicated on the Site.

Prices are in euros, clearly distinguishing between pre-tax and post-tax prices, ex-works, and packaging are extra. Prices do not include processing and/or preparation costs, transport, any customs duties, or insurance, which remain the responsibility of the Buyer.

At the time of order confirmation, the price shown is a total, all-inclusive price. The order price is payable in full, by credit card (excluding American Express) or PayPal, upon order confirmation by the Buyer.

Telecommunication costs related to accessing the Site remain the sole responsibility of the Buyer.

ARTICLE 3: ORDERS

3.1 Order placement by the Buyer

To place the order, the Buyer must follow these steps:

1. Enter the Site address;

2. Follow the Site's instructions, and in particular, the instructions necessary to open a customer account. The Buyer is fully responsible for the use of their username and password, which they agree not to disclose to third parties. The Buyer will bear the consequences of any use of the username and password by third parties who become aware of them. The username and password of the customer account serve as proof of the Buyer's identity and bind them to all orders placed through them. They have the value of an electronic signature within the meaning of the law of March 13, 2000. In the event of a forgotten password or if the Buyer suspects fraudulent use of their username and password, the Buyer has a function on the Site allowing them to change them.

3. Select the products he wishes to purchase;

4. Check the order details summarized in the section called " Shopping Cart " (including the name, price, quantities, sizes, availability times, etc.) and, if necessary, identify and correct any errors;

5. Choose the delivery method, delivery address, payment method and other available options;

6. Confirm the order and its total price (including the price of each of the Products as well as the various additional costs, such as any delivery charges);

7. Follow the instructions on the online payment server to pay the total order price. The transaction is immediately debited from the Buyer's bank card or PayPal account after verification of the card details and upon receipt of debit authorization from the issuing bank or PayPal. The order validated by the Buyer will only be considered effective once the relevant payment centers have approved the payment and credited JCL PARIS's account with the full order amount. By providing their bank card information, the Buyer authorizes JCL PARIS to debit their card for the total order price. For all payments, the partner bank – Crédit Industriel et Commercial (CIC) – ensures a secure payment system and guarantees the confidentiality of the card numbers provided through protection and encryption procedures.

3.2 Order processing by JCL PARIS

Following the seven (7) steps described above, the Buyer then receives electronically and without delay, a confirmation of acceptance of payment of the order, as well as an acknowledgment constituting confirmation of the conclusion of the sales contract by JCL PARIS, accompanied by the invoice to print or download.

If payment is declined by the relevant payment centers, the order will be automatically cancelled. JCL PARIS will send an email to the Buyer to inform them of this.

Furthermore, JCL PARIS reserves the right to refuse any order, particularly in the event of supply difficulties, unavailability of Products, problems understanding the order, foreseeable problems concerning the delivery address, doubts about the identity of the Buyer or the accuracy of the information provided by the Buyer when creating their customer account, etc. In this case, JCL PARIS will inform the Buyer and, where applicable, will proceed to refund the sums received within fourteen (14) days following payment of the order.

When the order is ready for shipment, the Buyer receives electronic confirmation of the order shipment.

Any requests by the Buyer to modify or cancel an order will only be considered, within the limits of JCL PARIS's capabilities and at its sole discretion, if submitted in writing. This clause does not, however, preclude the Consumer Buyer from exercising their right of withdrawal upon receipt of the Products, in accordance with the provisions of Article 8 below.

ARTICLE 4: DISCOUNTS, REBATES AND REBATES

The Buyer may benefit from the discounts and rebates listed in the JCL PARIS price lists, depending on the quantities acquired at one time and in one place, or on the regularity of his orders.

ARTICLE 5: DELIVERIES

5.1 Terms and conditions

Deliveries are made subject to availability and in the order in which orders are received. JCL PARIS is authorized to make deliveries in full or in part.

The Buyer will be solely responsible for the shipping costs of the Products.

Deliveries are made to the delivery location specified by the Buyer when placing their order, with the Products traveling at the Buyer's own risk.

The information provided by the Buyer when placing the order is binding. In the event of an error on the Buyer's part in providing their contact details or delivery address, resulting in the loss of the Products or the incurring of additional delivery charges, the Buyer remains responsible for payment for said lost Products or any additional costs incurred as a result of this error.

 5.2 Delivery times

5.2.1 Delivery times for Professional Buyers only

The delivery times indicated to the Professional Buyer during steps 3 to 5 of placing the order (article 3.1 herein) are understood to be in working days and are given for information purposes only and are not guaranteed in any way, as they depend in particular on the supply possibilities of JCL PARIS, the availability of carriers and the mode of transport chosen by the Professional Buyer.

The starting point for the delivery times indicated by JCL PARIS is from the day on which JCL PARIS has received full payment for the order.

Delays in delivery cannot give rise to withholding of Products, refusal of Products, cancellation of orders in progress by the Professional Buyer, nor the claim for damages or any compensation.

However, if the Products have not been delivered within forty-five (45) days of the estimated delivery date for any reason other than force majeure or the fault of the Professional Buyer, the sale may be cancelled at the request of either party. The Professional Buyer may, if applicable, obtain a refund of the order price within thirty (30) days of notification of the cancellation, excluding any other compensation or damages.

5.2.2 Deadlines for the Consumer Buyer only

The maximum delivery times, which are understood to be in working days, are indicated to the Consumer Buyer during steps 3 to 5 of placing the order (article 3.1 herein).

The starting point for the delivery times indicated by JCL PARIS is from the day on which JCL PARIS has received full payment for the order.

However, if, at the end of the maximum delivery period announced to the Consumer Buyer when placing their order, the Products have still not been delivered, the Consumer Buyer may cancel the sale by registered letter with acknowledgment of receipt, provided that (i) they have previously ordered JCL PARIS, using the same methods, to make the delivery within a reasonable additional period, and (ii) JCL PARIS has not complied within this period.

The sale is considered terminated upon receipt by JCL PARIS of the registered letter, unless JCL PARIS has performed in the meantime.

In the event of cancellation of the sale, the Consumer Buyer may, where applicable, obtain a refund of the order price within fourteen (14) days from the notification of cancellation of the sale, excluding any other compensation or damages.

If the above-mentioned reimbursement period is exceeded, the amount reimbursed to the Consumer Buyer will automatically be increased by:

  • ten percent (10%) if the refund is made up to thirty (30) days late;

  • twenty percent (20%) if the refund is made up to sixty (60) days late;
  • fifty percent (50%) if the refund is made more than sixty (60) days late.

 5.2.3. Force majeure

JCL PARIS is released from its obligation to deliver within the time frame stipulated when the order was validated in the event of force majeure as defined by the Court of Cassation.

Events beyond the control of the Parties, which they could not reasonably have foreseen, and which they could not reasonably avoid or overcome, are considered to constitute force majeure or fortuitous events, insofar as their occurrence makes the performance of obligations totally impossible.

The following are considered to be cases of force majeure or fortuitous events which release JCL PARIS from its obligation to deliver: wars, riots, fires, floods, epidemics, strikes, accidents, impossibility of obtaining raw materials, as well as any disruption in supply attributable to suppliers.

In such circumstances, JCL PARIS will inform the Buyer as soon as possible, in particular by mail, fax or email, the sales contract concluded between JCL PARIS and the Buyer being then automatically suspended without compensation, from the date of occurrence of the event.

If the event were to last more than sixty (60) days from the date of its occurrence, the sales contract concluded between JCL PARIS and the Buyer could then be terminated by the most diligent party, without either party being able to claim damages.

This cancellation will take effect on the date of first presentation of the registered letter with acknowledgment of receipt denouncing the said sales contract. JCL PARIS will refund the price of the order to the Professional Buyer and the Consumer Buyer within the timeframes stipulated in Articles 5.2.1 and 5.2.2, depending on the Buyer's identity.

 5.2.4 Buyer's Obligations

In any event, timely delivery can only occur if the Buyer is up to date with its obligations to JCL PARIS, whatever the reason, and in particular if the Buyer has paid, where applicable, the price of the order under the conditions defined in article 3 above.

ARTICLE 6: RECEIPT

6.1 Compliance - reservations - complaints -

6.1.1 Compliance obligations

JCL PARIS is required to deliver Products conforming to the order and is responsible for any defects of conformity existing at the time of delivery.

JCL PARIS is also responsible for defects in conformity resulting from packaging.

To conform to the order, the Product must:

1. Be fit for the purpose for which a similar product is normally used and, where applicable:

  • correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
  • to present the qualities that a buyer can legitimately expect in view of the public statements made by the seller, the producer or their representative, particularly in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special purpose sought by the buyer, brought to the attention of the seller and which the latter has accepted.

The Buyer is required to check the apparent condition of the Products upon receipt.

6.1.2 Claims procedures for Consumer Buyers only

It is up to the Consumer Buyer to make any reservations and complaints he or she deems necessary, or even to refuse the package, when the package is obviously damaged upon delivery.

The action resulting from the lack of conformity is time-barred after six (6) months from the date of delivery of the
Product.

The Consumer Buyer must provide all justifications regarding the reality of the defects or anomalies observed or the non-conformity of the Products.

 

6.1.3 Claims procedures for Professional Buyers only

It is the responsibility of the Professional Buyer to raise any reservations and complaints they deem necessary, or even to refuse the package, if it is visibly damaged upon delivery. These reservations and complaints must be sent to the carrier by registered mail with return receipt requested within three (3) business days, excluding public holidays, following the delivery date.

In the absence of reservations expressly made by registered letter with acknowledgment of receipt, within eight (8) days of delivery, the Products delivered shall be deemed to conform in quantity and quality to the order, without prejudice to the measures to be taken by the Professional Buyer with regard to the carrier.

The Professional Buyer must provide all justifications regarding the reality of the defects or anomalies observed or the non-conformity of the Products.

6.2 Return and replacement

6.2.1 General stipulations

No Product return may be made by the Buyer without the prior written consent of JCL PARIS.

Any Product returned without the prior agreement of JCL PARIS will be held at the disposal of the Buyer and will not give rise to the establishment of a credit note or a refund.

The costs and risks of the return are the responsibility of the Buyer, and can only be borne by JCL PARIS in the sole case of an apparent defect or non-conformity of a Product actually noted by JCL PARIS.

Returned products must be accompanied by a return slip affixed to the package and the corresponding invoice. They must be in the same condition as when delivered by the carrier, namely in their original packaging with the price tag intact, new (never worn or washed), complete, and in perfect condition. Failure to comply with these conditions will result in the products not being exchanged or refunded.

The Buyer has the option to return the Products either via a carrier (in particular by postal parcel), or by returning them to one of the JCL PARIS stores, the list and contact details of which are available on the Site.

After JCL PARIS has determined that there is an apparent defect or non-conformity of the delivered Product, the Buyer may only request free replacement, subject to availability, a refund of the Product or a reduction in the price of the Product if he decides to keep it, to the exclusion of any compensation or damages.

6.2.2 Additional stipulations applicable only to the Professional Buyer

No return requests will be accepted after a period of eight (8) days following delivery.

Furthermore, the return of the Product must be made within fourteen (14) days from the acceptance of this return by JCL PARIS.

Any Product returned outside the aforementioned time limits will be held at the disposal of the Professional Buyer and will not give rise to the establishment of a credit note or a refund.

ARTICLE 7: TRANSFER OF RISKS

 7.1 Transfer of risk to the Professional Buyer only

JCL PARIS retains ownership of the Products ordered until full payment of the total order price by the Professional Buyer.

The transfer of risk for the Products takes place upon delivery of the Products to the carrier for delivery to the Professional Buyer.

As a result, the Products travel at the Professional Buyer's own risk, and it is the Buyer's responsibility, in the event of damage, loss or shortage, to make all reservations or take all legal action against the responsible carriers.

 7.2 Transfer of risk to the Consumer Buyer only

JCL PARIS retains ownership of the Products ordered until full payment of the total order price by the Consumer Buyer.

The transfer of risk for the Products takes place upon delivery of the Products to the Consumer Buyer or a third party designated by him, and other than the carrier proposed by JCL PARIS.

When the Consumer Buyer entrusts the delivery of the goods to a carrier other than that proposed by JCL PARIS, the risk of loss or damage to the Products is transferred to the Consumer Buyer upon delivery of the goods to the carrier.

ARTICLE 8: RIGHT OF WITHDRAWAL (Clause applicable only to the Consumer Buyer)

The Consumer Buyer has, in accordance with the provisions of Articles L.121-21 et seq. of the French Consumer Code, a right of withdrawal which may be exercised without having to justify the decision, within fourteen (14) days from the date of taking possession of the Products by the Buyer or by a third party designated by the Buyer other than the carrier. When the fourteen (14) day period mentioned above expires on a Sunday or a public holiday in France, it is extended until the next working day.

In the case of an order for several goods delivered separately, the withdrawal period begins upon receipt of the last good corresponding to the order.

The Consumer Buyer wishing to exercise their right of withdrawal must inform JCL PARIS of their decision, either by mail or by accessing the relevant section of their customer account on the Website, before the expiry of the aforementioned period, and return the Products to JCL PARIS, accompanied by the return slip, the corresponding invoice, and in their original packaging, with the price tag attached, new (never worn or washed), complete, and in perfect condition. Failure to comply with these conditions will result in the Products not being refunded.

The return shipping costs will be borne exclusively by the Consumer Buyer.

The Consumer Buyer has the option to return the Products either via a carrier (in particular in the form of a postal parcel), or by returning them to one of the JCL PARIS stores, the list and contact details of which are available on the Site.

The refund of the order price will be made by bank transfer or to the Buyer's PayPal account within fourteen (14) days from the date on which JCL PARIS is informed of the Buyer's decision to withdraw. This period may be extended until JCL PARIS receives the Products returned by the Buyer or until the Buyer provides proof of shipment of the Products.

The refund will correspond to the price of the Products and the delivery costs except in the case where the Consumer Buyer has chosen a delivery method more expensive than the standard method offered by JCL PARIS.

If the repayment deadline mentioned above is not met, the amounts due will be increased by the following rates:

  • up to ten (10) days of delay: legal interest rate;
  • between ten (10) and twenty (20) days of delay: five percent (5%);
  • between twenty (20) and thirty (30) days of delay: ten percent (10%);
  • between thirty (30) and sixty (60) days of delay: twenty percent (20%);
  • between sixty (60) and ninety (90) days of delay: fifty percent (50%);
  • beyond ninety (90) days of delay: fifty percent (50%) and five (5) additional points per new month of delay, up to the price of the Product, then added the legal interest rate.

ARTICLE 9: WARRANTY AGAINST HIDDEN DEFECTS

9.1 Scope of the guarantee

JCL PARIS is bound by the warranty against hidden defects in the thing sold which render it unfit for the use for which it is intended, or which diminish this use to such an extent that the Buyer would not have acquired it, or would have given only a lower price, if he had known of them.

The warranty covers any hidden defect arising from a flaw in material, design or manufacturing affecting the delivered Products and rendering them unfit for use.

The warranty does not cover, in particular:

  • apparent defects;
  • defects and damage caused by natural wear and tear or by storage conditions by the Buyer;
  • use of the Product by the Buyer under abnormal conditions; or
  • a modification or adaptation of the Product by the Buyer.

The warranty entitles the Buyer to a replacement of a defective Product, or a price reduction if they decide to keep the Product. The return and replacement procedures are the same as those applicable to non-conforming Products or Products with apparent defects, as outlined in section 6.2.1 above.

9.2 Warranty period for Consumer Buyers only

The action resulting from latent defects must be brought by the purchaser within two (2) years from the discovery of the defect.

9.3 Warranty period for Professional Buyers only

The Products are covered by a warranty for a period of fifteen (15) days from the date of delivery.

In order to assert its rights, the Professional Buyer must, under penalty of forfeiture of any action relating thereto, inform JCL PARIS, in writing, of the existence of the defects within a maximum period of eight (8) days from their discovery.

Any Product returned outside the aforementioned time limits will be held at the disposal of the Professional Buyer and will not give rise to the establishment of a credit note or a refund.

ARTICLE 10: DATA PROCESSING AND FREEDOM

In accordance with law 78-17 of 6 January 1978, it is noted that the personal data which is requested from the Buyer is necessary, in particular, for the processing of his order, for the preparation of invoices.

The processing of information communicated via the Site has been declared to the CNIL.

In accordance with applicable national and European regulations, the Buyer has a permanent right to access, modify, rectify, and object to information concerning them. This information is contained in the Buyer's customer account, which they can access at any time using their username and password. The Buyer may also exercise their right of access, modification, rectification, and objection by sending a letter or email to JCL PARIS at the addresses mentioned in Article 1 of these General Terms and Conditions of Sale.

When creating their customer account on the Site, the Buyer will have the option to choose whether they wish to receive offers or newsletters from JCL PARIS and its partners.

ARTICLE 11: INTELLECTUAL PROPERTY

The JCL PARIS trademarks and all elements appearing on the Site are protected by all applicable intellectual property rights.

Any reproduction, in whole or in part, of the Site or its content is strictly prohibited and may constitute an infringement. Similarly, any unauthorized use of JCL PARIS trademarks may constitute an infringement.

ARTICLE 12: LANGUAGE

These General Terms and Conditions of Sale are written in French. If they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

ARTICLE 13: APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions of Sale are governed by and subject to French domestic law.

All disputes arising from these General Terms and Conditions of Sale, concerning their validity, interpretation, execution, termination, consequences and subsequent effects, shall be submitted to the Commercial Court of Bobigny when the Buyer is a Professional Buyer and to the competent court when the Buyer is a Consumer Buyer.

In accordance with the provisions of Article L.133-4 and L.423-15 of the Consumer Code, the Buyer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other alternative dispute resolution method, in particular within the framework of a class action.