Article 1 Seller's designation
This website WWW.JUSTCASHMERE.FR is published by STYLE NETWORK INTERNATIONAL, SARL, with a capital of 1 876 500 euros, headquartered at 29 boulevard Gay Lussac RCS Marseille, number 502 079 460, VAT number FR82502079460.
Article 2- General provisions relating to these general terms and conditions of sale (hereinafter the GTCS)
The GCS apply exclusively to the online sale of JUST CASHMERE brand products on the www.justcashmere.fr website (hereinafter referred to as the site), which is freely accessible to all Internet users.
The General Terms and Conditions of Sale govern exclusively the contracts for the online sale of products by STYLE NETWORK INTERNATIONAL (hereinafter referred to as a professional seller) to buyers who are consumers (hereinafter referred to as consumers) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, brochures, catalogs or photographs of the products, which are for information purposes only.
The GCS apply exclusively to products delivered to consumers in mainland France, Corsica, Monaco, Italy, Spain and Germany.
The GTC are written in French, as is all contractual information mentioned on the site.
The GTC are available to consumers on the seller's website, where they can be consulted directly.
The terms and conditions of sale are binding on the consumer, who acknowledges having read and accepted them before placing an order by checking a box provided for this purpose.
The validation of the order by its confirmation implies the buyer's acceptance 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 GTC 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 of which, dated to that date, can be given to the consumer on 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 GTCS by the professional seller shall not constitute a waiver of the other clauses of the GTCS, which shall remain in full force and effect.
Item 3- Products
The products offered for sale 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 French Consumer Code.
The photographs illustrating the products do not constitute a contractual document.
The product's mode of use, if it is an essential element, is mentioned in the electronic catalog or, at the latest, on delivery.
The products comply with current regulations on personal health and safety, fair trading and consumer protection at the time they are placed on the market (text reproducing C. consom., art. L. 411-1, formerly C. consom., art. L. 212-1).
The products comply with the requirements of French law in force at the time they are placed on the market.
Products are offered and delivered while stocks last.
If the product ordered is unavailable, the seller will immediately inform the buyer and offer a refund.
The seller will reimburse the sums paid within 30 days.
Apart from reimbursement of the price of the unavailable product, the seller is not liable to pay any compensation for cancellation, unless he is personally responsible for the non-performance of the contract.
Item 4- Prices
In accordance with article L. 112-1 of the French Consumer Code (formerly C. consom., art. L. 113-13), sales prices are indicated for each product in the electronic catalog in euros, including all taxes, but excluding delivery and transport costs, which are mentioned before the order is validated and invoiced in addition.
The total amount due 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 products does not include shipping costs, which are invoiced in addition to the price.
In the event of a price promotion, the professional seller undertakes to apply the promotional price to all orders placed during the period in which the promotion is advertised.
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.
Any additional transport, delivery or postage costs (to which must be added any other costs borne by the seller), of which the customer has been made aware prior to placing the order, are set out on the order form.
Item 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 for as long as the products appear in the electronic catalog and within the limit of available stocks, unless otherwise indicated.
Acceptance of the offer by the consumer is validated, in accordance with the double-click process, by confirmation of the order.
Article 6- Ordering 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 button "Order" and provides the information relating to the delivery and the method of payment.
Before clicking on the "Confirm order" button, customers can check the details of their order and its total price, and return to previous pages to correct any errors or modify their order.
Confirmation of the order implies acceptance of the GTC and forms the contract.
An e-mail acknowledging receipt of the order and payment will be sent by the seller as soon as possible.
Any modification of the order by the consumer after confirmation of the order is subject to acceptance by the professional seller.
The professional seller reserves the right to make modifications to the product ordered in line with technical developments, in accordance with article R. 212-4 of the French Consumer Code (formerly C. consom., art. R. 212-4, V).
The professional seller reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for buyers who are consumers.
Article 7- Contract Contract
The sales contract is formed when the consumer sends confirmation of his/her order.
Communications, order forms and invoices are archived on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with article 1360 of the French Civil Code (formerly C. civ., art. 1348). These communications, order forms and invoices may be produced as proof of the contract.
The order may be cancelled by the purchaser by registered letter with acknowledgement of receipt or in writing via the site's contact form in the event of :
- delivery of a product that does not comply with the product's declared characteristics;
- delivery beyond the deadline specified in the purchase order or, failing such deadline, within thirty days of the conclusion of the contract, after the seller has been requested, in the same manner and without result, to make delivery within a reasonable additional period;
- price increases that are not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the purchaser may demand reimbursement of the deposit paid, plus interest calculated at the legal rate from the date of receipt of the deposit.
The order may be cancelled by the seller in the event of :
- refusal of the buyer 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 at the time of order remains the property of the seller by way of compensation.
Article 8- Payment Payment
The price is payable in full once the order has been confirmed.
With the exception of sums paid in advance, which are reimbursed if the product ordered is unavailable under the conditions set out in article 3-4 of the General Terms and Conditions of Sale, any sum paid in advance of the price earns interest at the legal rate from the expiry of a period of three months from the date of payment until delivery of the product or, failing this, restitution of the sum paid when the order was placed (C. consom., art. L. 214 et seq.; former C. consom., art. L. 131-1).
Payment is made immediately when the order is placed, using the payment method chosen by the customer. The customer can choose between :
Article L. 121-18 of the French Consumer Code (formerly C. consom., art. L. 114-1)
Prior to the conclusion of a contract of sale or provision of services, the trader shall ensure that the consumer has given his express consent to any additional payment to be added to the price of the main object of the contract. In the event that the additional payment is the result of the consumer's consent given by default, i.e. in the absence of express opposition on his part to paying options that he has not requested, the consumer may claim reimbursement of the sums paid in respect of this additional payment.
Article L. 131-6 of the French Consumer Code (formerly C. consom., art. L. 114-2)
If the agreed price is not paid on the due date, the seller reserves the right either to request performance of the sale, or to cancel the contract by registered letter with acknowledgement of receipt, and to retain the deposit paid with the order as compensation.
Article 9- Delivery Delivery
Delivery refers to the transfer of physical possession or control of the goods to the consumer.
The professional seller undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products within 30 days of receipt of order.
Where the product ordered has not been delivered, the consumer may, after unsuccessfully requesting the seller to fulfil his obligation to deliver within a reasonable additional period, rescind the contract by registered letter with acknowledgement of receipt or in writing on another durable medium.
Products are delivered to the address indicated by the customer on the order form.
Delivery is made by handing over the product directly to the buyer or, failing that, by the seller sending a notice of availability to the buyer.
Within fifteen days of notification of availability, the purchaser must withdraw the product ordered.
In the absence of withdrawal within the period indicated, the seller may, after a formal notice from the purchaser which has remained without effect, proceed with withdrawal, cancel the order by operation of law 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 the buyer's responsibility to check the condition of the delivered product in the presence of the delivery person and, in the event of damage or missing items, to express reservations on the delivery note or the transport receipt, and, if necessary, to 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 replacement of the product or, if necessary, cancellation of the sale.
In the event of unavailability of products on delivery, the professional vendor may offer a refund under the conditions set out in article 3-4 of the GTCS.
In the event of total failure to deliver, the sales contract shall be automatically rescinded.
The risk of loss of or damage to the goods passes to the consumer at the time he or a third party designated by him takes physical possession of the goods, without distinction as to their nature.
The product, which is delivered to the consumer by a carrier chosen by the seller, travels at the seller's risk.
The product, which is delivered to the consumer by a carrier chosen by him, travels at the consumer's risk from the moment the goods are handed over to the carrier.
From the delivery date indicated on the order form, ownership of the product is transferred to the purchaser, except in cases where full payment of the price has not been received with the order (see article 5-5 GTC).
Article 10 - Returns
In the event of a parcel being returned to sender due to NPAI (N'habite Pas à l'Adresse Indiquée), unclaimed or refused, we will refund the amount of the order excluding delivery charges.
For any item returned within 30 days of receipt of the order, we undertake to refund the customer's Paypal account or payment card used at the time of purchase, corresponding to the price of the product(s) excluding shipping costs, within a maximum period of 30 days after receipt of the products.
To be accepted, returns must meet the following criteria:
In order to improve return conditions, we advise you to contact us using the contact form on the justecachemire.com website. Our team is at your service or by telephone on 07 69 46 70 61.
The return address will be sent to you at the time of your return request.
Return shipping costs are at the Customer's expense.
Article 11- Warranty Legal warranty of conformity and warranty 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 claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the French Consumer Code or the guarantee of defects in the item sold as defined in Articles 1641 et seq. of the French Civil Code.
In the event of implementation of the legal warranty of conformity, please note that :
We also remind you that :
Article 12- Liability Liability
The professional seller may not be held liable in the event of non-performance or improper performance of the contract due either to the fault of the buyer, or to the insurmountable and unforeseeable fault of a third party to the contract, or to force majeure.
Cross-border contracts in the internal market
The professional seller cannot be held liable for the product's non-conformity with the legislation of the consumer's country. It is the consumer's responsibility to check that the product is not prohibited for sale in his country.
In the event of damage caused by a product safety defect, the consumer must seek the manufacturer's liability, which can be identified from the information on the product packaging.
In all cases of non-performance of obligations by the consumer, the deposit paid at the time of order remains the property of the professional vendor by way of compensation.
Article 13 - Rescission clause Resolutory clause
Cancellation of the order in the cases provided for in the present GCS will be pronounced by simple registered letter with acknowledgement of receipt or by e-mail and will be acquired ipso jure without legal formalities.
Article 14 - Right of withdrawal Right of withdrawal
If you sign the contract, you have the right to withdraw within 14 days, without giving any reason.
The withdrawal period expires fourteen days after the day on which you, or the third party you have appointed to do so, takes physical possession of the goods.
To exercise your right of withdrawal, you must notify us :
- your name, your geographical address and, when available, your telephone number and e-mail address;
- as well as your decision to withdraw from the contract using the site's contact form.
1. 2. Effects
In the event of your withdrawal from the contract, we will refund all payments received from you, including delivery costs (with the exception of additional costs arising from the fact that you have chosen, where applicable, a delivery method other than the less expensive standard delivery method offered by us) 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 contract.
We will make the refund using the same means of payment that you would use for the original transaction. With your express agreement, another method may be used. In any event, this refund will be free of charge to you.
The customer is reminded that, in the event of withdrawal after use of the goods, he/she is liable for the depreciation of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the goods. According to the European Commission, these manipulations are those that a consumer can carry out in a store, for goods offered for sale there.
In the event of withdrawal by the customer, the latter must return the goods to an address that will be communicated to you following your request for withdrawal without undue delay and, in any event, no later than fourteen days after the customer has communicated to the recipient indicated on the withdrawal form his decision to withdraw from the contract. This deadline is deemed to have been met if the customer returns the goods ordered before the fourteen-day period has expired.
In the event of withdrawal by the customer, the latter must bear the direct cost of returning the goods.
The company may defer reimbursement until receipt of the goods ordered, or until the customer has provided proof of shipment of the goods, whichever comes first.
Article 15- Intellectual property Intellectual property
The elements reproduced on the present justecachemire.com site, which are the exclusive property of the publisher, are protected by copyright, trademark law and patent law.
Any reproduction or distribution of these elements, without prior written authorization from the publisher, exposes offenders to legal action.
Article 16- Personal data Processing of personal data
The computerized processing of personal data collected is intended to manage orders and to be used for commercial purposes.
This data may be passed on to our partners, if any, who are responsible for executing, processing, managing and paying for orders.
All personal data collected is treated with the strictest confidentiality and in accordance with legal requirements for the protection of personal data.
Clause :
In accordance with the French Data Protection Act 78-17 of January 6, 1978 as amended, strengthened and supplemented by the RGPD (General Data Protection Regulation) which came into force on May 25, 2018, you have the right to access, rectify and, subject to the legal provisions applicable to the matter, delete data concerning you, the data controller being the Company's DPO who can be reached using the contact form.
If you have previously agreed, you may receive marketing emails from justecachemire.com. You can unsubscribe from these emails by clicking on the unsubscribe link at the bottom of each email you receive.
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 website.
Article 17- Mediation Mediation
Text
Articles R. 221-2 et seq. of the French Consumer Code
Clause
In the event of a dispute, you must first contact the company's customer service department on 07 69 46 70 61, Monday to Friday, except public or bank holidays, from 09:00 to 12:00 and from 14:00 to 16:00, or via the contact form or by post to STYLE NETWORK INTERNATIONAL, 29 boulevard Gay Lussac, 13014 Marseille.
Clause
If the consumer's request for a complaint to the consumer service is unsuccessful, 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 the present GTCS opposing him to the professional vendor 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 e-commerce federation's mediator at www.mediateurfevad.fr.
To submit a 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 and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
Article 18- Jurisdiction Competent court
Clause :
In the absence of an amicable agreement, you may refer to the courts any dispute relating to the existence, interpretation, conclusion, performance or termination of the contract, as well as any documents connected with the contract.
The place of jurisdiction is either the defendant's domicile (article 42 of the French Code of Civil Procedure) or the actual place of delivery of the goods or performance of the service (article 46 of the French Code of Civil Procedure).
Article 19 - Applicable law Applicable law
This contract and the GTC governing it are governed by French law.
The application of the law of the professional's country may nevertheless be set aside in favor of the law of the consumer's country under the conditions laid down in article 6-2 of the regulation of June 17, 2008 on the law applicable to contractual obligations, which is taken up by article 17 of the law of June 21, 2004 for confidence in the digital economy for the benefit of French consumers.
According to the regulation, the application of the law of the trader's country must not deprive a 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 trader's country.
In the present case, a foreign consumer who has contracted on a French site will have to demonstrate, in order to obtain the application of his own law from the judge, 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 that is justified by consumer protection.
Note This clause applies article 6-1 of the June 17, 2008 regulation to the letter, stipulating that when the professional directs his activity towards the consumer's country of residence, which is the case for the sales site on which foreign consumers can contract, the applicable law is the law of the consumer's country of residence. In this case, the foreign consumer who has contracted on a French site will have to demonstrate, in order to obtain the application of his own law from the judge, 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 that is justified by consumer protection.
Despite European directives, this choice obliges professionals to apply as many different laws as there are countries to which they sell.
