Article 1 - Designation of the seller
This site WWW.JUSTECACHEMIRE.COM is published by the company STYLE NETWORK INTERNATIONAL, SARL, with a capital of 1,876,500 euros, whose registered office is located at 29 boulevard Gay Lussac RCS de Marseille, number 502 079 460, intra-community VAT number FR82502079460.
Article 2- General provisions relating to these general conditions of sale (hereinafter the GCS)
The T&Cs are applicable exclusively to the online sale of products of the JUSTE CACHEMIRE brand on the site www.justecachemire.com, (hereinafter the site) to which access is free and open to all Internet users.
The GCS exclusively govern the online sales contracts of STYLE NETWORK INTERNATIONAL products (hereinafter professional seller) to buyers having the quality of consumers (hereinafter consumers) and constitute with the online order the contractual documents opposable to the parties, to the exclusion of all other documents, prospectuses, catalogs or photographs of the products which have only an indicative value.
The GCS are exclusively applicable to products delivered to consumers established in metropolitan France, Corsica, Monaco, Italy, Spain and Germany.
The GCS are written as well as all the contractual information mentioned on the site in French.
The GCS are made available to consumers on the seller's website where they can be consulted directly.
The GCS are enforceable against the consumer who acknowledges, by ticking a box provided for this purpose, to have been aware of them and to have accepted them before placing an order.
The validation of the order by its confirmation implies acceptance by the buyer of the GCS in force on the day of the order, the conservation and reproduction of which are ensured by the professional seller in accordance with article 1127-2 of the civil code (former C. civ., art. 1369-4).
The professional seller reserves the right to modify its GCS at any time.
In the event of modification of the GCS, the applicable GCS are those in force on the date of the order, a copy dated to date of which can be given to the consumer at his request.
The nullity of a contractual clause does not entail the nullity of the GCS.
The temporary or permanent non-application of one or more clauses of the GCS by the professional seller does not constitute a waiver on his part of the other clauses of the GCS which continue to produce their effects.
Article 3- Products
The products offered for sale presented in the catalog published on the site are each the subject of an optional but recommended description mentioning their essential characteristics within the meaning of article L. 111-1 of the consumer code.
The photographs illustrating the products do not constitute a contractual document.
The mode of use of the product, if it is an essential element, is mentioned in the electronic catalog or at the latest on its delivery.
The products comply with the requirements in force relating to the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market (text reproducing C. consom., art. L 411-1, former Consumer Code, art. L. 212-1).
The products comply with the requirements of French law in force at the time of their placing on the market.
The products are offered and delivered within the limits of available stocks.
In case of unavailability of the product ordered, the seller immediately informs the buyer and offers him a refund.
The seller refunds the sums paid within 30 days.
Apart from reimbursement of the price of the unavailable product, the seller is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him.
Article 4- Price
The selling prices, in accordance with article L. 112-1 of the consumer code (former C. consom., art. L. 113-13), are indicated, for each of the products appearing in the electronic catalog, in euros all taxes included, excluding delivery and transport costs mentioned before validation of the order and invoiced in addition.
The total amount owed by the consumer is indicated on the order confirmation page.
The selling price of the product is that in force on the day of the order.
The sale price of the products does not include the shipping costs invoiced in addition to the price.
In the event of price promotion, the professional seller undertakes to apply the promotional price to any order placed during the period of the advertising made for the promotion.
The professional seller reserves the right to modify its prices at any time, while guaranteeing the consumer the application of the price in force on the day of the order.
The additional costs of transport, delivery or postage (to which must be added any other costs borne by the seller), of which the customer was able to become aware before the order, are fixed on the order form.
Article 5- Offer
The online sales offers presented on the site are reserved for consumers residing in France and/or Corsica, Monaco, Italy, Spain and Germany and for deliveries in these same geographical areas.
The online sales offers presented on the site are valid, in the absence of indication of a particular duration, as long as the products appear in the electronic catalog and within the limits of available stocks.
The acceptance of the offer by the consumer is validated, in accordance with the double click process, by the confirmation of the order.
Article 6- Order
To place an order, the consumer, after having filled his virtual basket by indicating the selected products and the desired quantities, then clicks on the "Order" button and provides the information relating to delivery and method of payment.
Before clicking on the "Confirm order" button, the consumer has the possibility of checking the details of his order and its total price and of returning to the previous pages to correct any errors or possibly modify his order.
Confirmation of the order entails acceptance of the GCS and forms the contract.
An e-mail acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Any order modification by the consumer after confirmation of his order is subject to acceptance by the professional seller.
The professional seller reserves the right to make changes to the product ordered which are linked to technical developments under the conditions provided for in article R. 212-4 of the consumer code (former C. consom., art. R. 212-4, V).
The professional seller reserves the right to refuse any order for legitimate reasons and more particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
Article 7- Contract
The sales contract is formed when the consumer sends the confirmation of his order.
The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the civil code (former C. civ., art. 1348). These communications, purchase orders and invoices can be produced as proof of the contract.
The order can be resolved by the buyer by registered letter with acknowledgment of receipt or in writing via the site's contact form in the event of:
— delivery of a product that does not conform to the declared characteristics of the product;
— of delivery exceeding the deadline fixed in the order form or, in the absence of such a date, within thirty days following the conclusion of the contract, after the seller has been ordered, under the same terms and without result, to make delivery within a reasonable additional time;
— a price increase that is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the buyer may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be canceled by the seller in the event of:
— the buyer's refusal to take delivery;
— non-payment of the price (or the balance of the price) at the time of delivery.
In all these cases, the deposit paid with the order remains with the seller as compensation.
Article 8- Payment
The price is payable in full after confirmation of the order.
Excluding the sums paid which are reimbursed in the event of unavailability of the product ordered under the conditions provided for in article 3-4 of the GCS, any sum paid in advance of the price produces interest at the legal rate at the expiry of a period of three months from the payment until the delivery of the product or, failing that, the return of the sum paid with the order (C. consom., art. L. 214 and s.; former Consumer Code, art. L. 131-1).
Payment is made immediately upon ordering via the payment method chosen by the customer. He has the choice between:
Article L. 121-18 of the Consumer Code (former Consumer Code, art. L. 114-1)
Prior to the conclusion of a contract of sale or provision of services, the trader shall ensure the express consent of the consumer for any additional payment added to the price of the main object of the contract. In the event that the additional payment results from the consumer's consent given by default, i.e. in the absence of express opposition on his part to paid options that he has not requested, the consumer may claim reimbursement of the sums paid for this additional payment.
Article L. 131-6 of the Consumer Code (former Consumer Code, art. L. 114-2)
The seller reserves the right, when the agreed price is not paid on the due date, either to request the execution of the sale, or to terminate the contract by simple registered letter with acknowledgment of receipt and to keep , as compensation, the deposit paid on the order.
Article 9- Delivery
Delivery means the transfer to the consumer of physical possession or control of the goods.
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each of the products, to deliver the products within 30 days of receipt of the order.
When the product ordered is not delivered, the consumer may, after having unsuccessfully ordered the seller to perform his obligation to deliver within a reasonable additional period, terminate the contract by registered letter with acknowledgment of receipt or in writing. on another durable medium.
The products are delivered to the address indicated by the customer on the order form.
The delivery is made by the direct delivery of the product to the buyer or, failing that, by the sending by the seller of a notice of availability to the buyer.
Within a period of fifteen days from the notice of availability, the buyer must collect the product ordered.
In the absence of withdrawal within the period indicated, the seller may, after formal notice from the buyer, which has remained without effect, proceed with the withdrawal, automatically cancel the order and retain the deposit paid as compensation. .
When the product is delivered to the address indicated on the order form by a carrier, it is up to the buyer to check in the presence of the delivery person the condition of the product delivered and, in the event of damage or missing items, to issue reservations on the delivery note or on the transport receipt, and possibly refuse the product and notify the seller.
If the product does not conform to the order, the consumer must send a complaint to the professional seller in order to obtain the replacement of the product or possibly the resolution of the sale.
In the event of unavailability of the products on delivery, the professional seller may offer, under the conditions provided for in article 3-4 of the GCS, reimbursement.
The total failure to deliver entails the automatic resolution of the sales contract.
The risks of loss or damage to the goods are transferred to the consumer when he or a third party he has designated takes physical possession of the goods, without distinction according to its nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the risk and peril of the seller.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the risk and peril of the consumer from the delivery of the goods to the carrier.
From the delivery date indicated in the order form, the ownership of the product is transferred to the buyer, except in the case where full payment of the price has not been collected with the order (see article 5-5 T&Cs).
Article 10 – Returns
In the event of return of parcel to the sender due to NPAI (Does Not Live at the Address Indicated), unclaimed or refused, we will refund the amount of the order excluding delivery costs.
For any return of an item within 30 days of receipt of the order, we undertake to reimburse the Customer's Paypal account or payment card used during the purchase, corresponding to the price of the product(s) excluding postage, within a maximum period of 30 days after receipt of the products.
To be accepted, returns must meet the following characteristics:
In order to improve the return conditions, we advise you to contact us using the contact form on the justcachemire.com website. Our team is at your disposal or by phone on 07 69 46 70 61.
The return address will be sent to you when you request your return.
Return costs are the responsibility of the Customer.
Article 11- Legal guarantee of conformity and guarantee against hidden defects
STYLE NETWORK INTERNATIONAL, located at 29 boulevard Gay Lussac, 13014 Marseille, guarantees the conformity of the goods with the contract, allowing the buyer to make a request under the legal guarantee of conformity provided for in articles L. 217-4 and following of the consumer code or the warranty for defects in the thing sold within the meaning of articles 1641 and following of the civil code.
In the event of implementation of the legal guarantee of conformity, it is recalled that:
In addition, it is recalled that:
Article 12- Liability
The liability of the professional seller cannot be engaged in the event of non-performance or poor performance of the contract due either to the fact of the buyer, or to the insurmountable and unforeseeable fact of a third party to the contract, or to force majeure.
Cross-border contracts in the internal market
The responsibility of the professional seller cannot be engaged for non-compliance of the product with the legislation of the country of the consumer to whom it belongs to check if the product is not prohibited for sale in his country.
In the event of damage caused by a lack of product safety, the consumer must seek the responsibility of the identifiable manufacturer from the information mentioned on the packaging of the product.
In all cases of non-performance of its obligations by the consumer, the deposit paid with the order remains with the professional seller as compensation.
Article 13 - Termination clause
The resolution of the order in the cases provided for in these GCS will be pronounced by simple registered letter with request for acknowledgment of receipt or by electronic letter and will be automatically acquired without legal formality.
Article 14 - Right of withdrawal
If you sign the contract, you will have the right to withdraw, without giving any reason, within fourteen days.
The withdrawal period expires fourteen days after the day on which you, or the third party you have designated to do so, takes physical possession of the property.
To exercise the right of withdrawal, you must notify us:
— your name, your geographical address and, when available, your telephone number and your e-mail address;
— as well as your decision to withdraw from the contract by means of the contact form on the site.
14 2. Effects
In the event of your withdrawal from the contract, we will refund all payments received from you, including delivery costs (except for additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive method of standard delivery that we offer) without undue delay and, in any event, no later than fourteen days from the day on which we are informed of your decision to withdraw from the possible contract.
We would process the refund using the same payment method you would use for the original transaction. With your express agreement, another means can be used. In any event, this reimbursement would not incur any costs for you.
It is recalled that the responsibility of the customer, in the event of withdrawal after use of the goods, is engaged with regard to the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of this or these goods. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for the goods offered for sale there.
In the event of withdrawal by the customer, the latter must return or return the goods to an address which will be sent to you following your request for withdrawal without undue delay and, in any event, no later than fourteen days after the customer will have communicated to the recipient indicated on the withdrawal form his decision to withdraw from the possible contract. This deadline is deemed to have been met if the customer returns the goods of the order before the expiry of the fourteen-day period.
In the event of withdrawal by the customer, the latter must bear the direct costs of returning the goods.
The company may defer reimbursement until receipt of the goods covered by the order, or until the customer has provided proof of shipment of this (or these) goods, the date retained being that of the first of these facts.
Article 15- Intellectual property
The elements reproduced on this site justcachemire.com, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction and any distribution of these elements, without the prior written authorization of the publisher, expose the offenders to legal proceedings.
Article 16- Processing of personal data
The computerized processing of personal data collected is for the purpose of order management and re-use for commercial purposes.
This data may be transmitted to our potential partners responsible for the execution, processing, management and payment of orders.
All personal data collected is treated with the strictest confidentiality and according to the legal requirements for the protection of personal data.
In accordance with the Data Protection Act 78-17 of January 6, 1978 amended, reinforced and supplemented by the GDPR (general data protection regulations) which entered into force on May 25, 2018, you have a right of access, rectification and, subject to the legal provisions applicable to the matter, deletion of data concerning you, the data controller being the Company's DPO who can be contacted using the contact form.
If you have previously accepted it, you will be able to receive marketing emails from justcachemire.com from which you can unsubscribe, for emails, by clicking on the unsubscribe link at the bottom of each email received.
It is also specified that the customer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on the Bloctel opposition list on the bloctel.gouv.fr site.
Article 17- Mediation
Articles R. 221-2 and following of the Consumer Code
In the event of a dispute, you must first contact the company's customer service on 07 69 46 70 61 , Monday to Friday except public holidays or non-working days, from 9:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 4:00 p.m. or via the contact form or post to STYLE NETWORK INTERNATIONAL located at 29 boulevard Gay Lussac, 13014 Marseille.
In the event of failure of the complaint request to the consumer service or in the absence of a response from this service within two months, the consumer may submit the dispute relating to the order form or to these GCS opposing him to the professional seller to a mediator who will attempt, in complete independence and impartiality, to bring the parties together with a view to reaching an amicable solution.
You can contact the mediator of the e-commerce federation on his website www.mediateurfevad.fr.
To submit his request for mediation, the consumer has a complaint form available on the mediator's website.
The parties to the contract remain free to accept or refuse recourse to mediation as well as, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 18- Competent court
In the absence of an amicable agreement, you can go to court for any dispute relating to the existence, interpretation, conclusion, execution or breach of the contract as well as on all the documents related to this contract.
The competent court will be that of the place of residence of the defendant (article 42 of the code of civil procedure) or that of the place of the actual delivery of the thing or the execution of the service (article 46 of the code of civil procedure). .
Article 19 - Applicable law
This contract and the GCS governing it are subject to French law.
The application of the law of the professional's country may nevertheless be set aside in favor of that of the law of the consumer's country under the conditions provided for in article 6-2 of the regulation of 17 June 2008 on the law applicable to contractual obligations which is taken up by article 17 of the law of June 21, 2004 on confidence in the digital economy for the benefit of the French consumer.
According to the regulation, the application of the law of the trader's country must not deprive the consumer residing in another Member State of the protection afforded to him by the mandatory provisions of the law of his country, which must be assumed to be more favorable than that of the country of the professional.
In the present case, the foreign consumer having contracted on a French site will have to demonstrate, in order to obtain from the judge the application of his own law, that French law is less favorable than that of his country and that the law of his country creates a barrier to trade in the internal market which is justified by consumer protection.
Note This clause applies to the letter article 6-1 of the regulation of June 17, 2008 providing that, when the professional directs his activity towards the country where the consumer has his residence, which is the case of the sales site on which the foreign consumers can contract, the applicable law is the law of the country of residence of the consumer. In the present case, the foreign consumer having contracted on a French site will have to demonstrate, in order to obtain from the judge the application of his own law, that French law is less favorable than that of his country and that the law of his country creates a barrier to trade in the internal market which is justified by consumer protection.
This choice obliges the professional to apply, despite the European directives, as many different laws as there are countries to which he carries out his sales activity.