Terms of sales
Date of last update: 13/09/2019
Article 1 - LEGAL NOTICE
This site, accessible at the URL https://journee-paris.com (the " Site "), is published by :
Edition of the site
Journée Paris company with capital of 100 euros, registered with the RCS of Paris under the number 850 960 352 , whose registered office is located at 35 Boulevard de Rochechouart , represented by Fouchécourt Yannick duly empowered,
The individual VAT number of the Operator is : FR51850960352
The Site is hosted by OVH , located at 19 Place Françoise Dorin , 75017 Paris .
The Director of the publication of the Site is Fouchécourt Yannick.
The Operator can be reached at the following telephone number + 33 676 406 676 and at the following email address firstname.lastname@example.org.
Article 2 - GENERAL PROVISIONS RELATING TO THESE GENERAL CONDITIONS
The general terms and conditions of sale (the " General Conditions of Sale ", or the " Terms and Conditions ") are applicable exclusively to the online sale of the products offered by the Operator on the Website.
The GSC are made available to customers on the Site where they are directly available and can also be communicated to him on request by any means.
The GTC are opposable to the customer who recognizes, by checking a box or by clicking on the button provided for this purpose, to have known and accepted them before placing an order. The validation of the order by its confirmation is worth acceptance by the buyer to the GTC in force on the day of the order whose conservation and the reproduction are ensured by the Operator.
Article 3 - DESCRIPTION OF PRODUCTS
The Site is an online sales site of fashionable clothing and accessories (hereinafter the " Product (s) ") open to any natural or legal person using the Site (the " Customer ").
The Products presented on the Site are each the object of a description (established by the supplier or accessible on the site of the manufacturer by a link being on the Site) mentioning their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The user's manual of the Product, if it is an essential element, appears on the Site or is at the latest addressed to the delivery. The Products comply with the requirements of French law in force.
The Customer remains responsible for the terms and consequences of his access to the Site including the Internet. This access may involve the payment of fees to technical service providers, such as Internet access providers, who are responsible for them. In addition, the Customer must provide and be fully responsible for the necessary equipment to connect to the Site.
The Customer acknowledges having verified that the computer configuration that he uses is secure and in working order.
Article 4 - CREATION OF CLIENT SPACE
To place an order on the Site, the Customer must first create his personal customer area. Once created, to access it, the Customer must identify himself using his username and password secret, personal and confidential. It is the responsibility of the Customer not to communicate his username and password in accordance with the provisions of the article PERSONAL DATA in these Terms and Conditions. Each Customer agrees to maintain strict confidentiality of the data, in particular username and password, allowing him to access his customer area, the Customer acknowledging being solely responsible for access to the Service through his username and password, except proven fraud. Each Customer undertakes to inform the Operator without delay in the event of loss, misappropriation or fraudulent use of his username and / or password.
After the creation of his personal customer area, the Customer will receive an email confirming the creation of his client area.
The Customer agrees upon registration to:
- deliver real, accurate, up-to-date information when entered in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization.
- keep the registration data up-to-date so that it is always real, accurate and up-to-date.
The Customer further undertakes not to make available or distribute any illegal or reprehensible information (such as defamatory or identity theft information) or harmful information (such as viruses). Otherwise, the Operator will be able to suspend or terminate the Customer's access to the Site to its exclusive fault.
Article 5 - ORDERS
The Operator strives to ensure optimum availability of its Products. Product offers are valid while stocks last.
If despite the best efforts of the Operator, a Product will be unavailable after the order of the Customer, the Operator will inform the Customer by email, as soon as possible and the Customer will have the choice between :
- the delivery of a Product of a quality and a price equivalent to that initially ordered, or
- the refund of the price of the ordered Product at the latest within thirty (30) days of the payment of the sums already paid.
It is agreed that apart from the reimbursement of the price of the unavailable Product, if this option is requested by the Customer, the Operator shall not be liable for any cancellation indemnity, unless the breach of contract is personally attributable to him.
With the exception of any mention to the contrary in these Terms and Conditions and without prejudice to the right of withdrawal provided by applicable law, the Customer's orders are firm and final.
When placing an order, the Customer must select the selected Products, add them to his basket indicating the selected Products and the desired quantities. The Customer has the opportunity to check the details of his order and its total price, and to return to the previous pages to possibly correct the contents of his basket, before validating it.
The Customer agrees to read the Terms and Conditions then in force before accepting them and to confirm the terms and possible delivery and withdrawal costs prior to payment of the order. The confirmation of the order entails acceptance of the GTCS and forms the contract.
A copy of these Terms and Conditions as accepted by the Customer will be sent to the Customer by e-mail at the time of confirmation of his Order so that the latter can refer to it.
The contractual information relating to the order (including the order number) will be confirmed by e-mail in due time and at the latest at the time of delivery. The Operator strongly advises the Customer to print and / or archive on a reliable and durable support this order confirmation as proof. A digital invoice is made available to the Customer in the " my account " area. The Operator also advises the Customer to print and / or archive on a reliable and durable support this invoice as proof.
Any email that will be sent to the Customer as part of an order will be sent to the email address that the Customer uses to identify himself in his customer area.
The Operator reserves the right not to validate the Customer's order for any legitimate reason, especially in the event that :
- The Customer does not respect the Terms and Conditions in effect when ordering;
- The order history of the Customer shows that sums remain due under previous orders ;
- One of the Customer's previous orders is the subject of litigation pending ;
- The Customer did not respond to a request for confirmation of his order that the Operator sent him.
The Operator records the sales contracts of Products in accordance with the applicable legislation. By making a request to the following address email@example.com the Operator will give the Customer a copy of the contract object of the request.
Any modification of order by the Customer after confirmation of his order is subject to the agreement of the Operator.
The information provided by the Customer when placing the order (including name and delivery address) engage him. Thus, the responsibility of the Operator can not in any way be sought in the event that an error during the placing of the order would prevent or delay delivery / delivery.
The Customer declares to have full legal capacity to engage under these Terms and Conditions.
Registration is open to qualified adults and to minors on condition that they intervene under the supervision of the parent or guardian having parental authority. Under no circumstances may registration be authorized on behalf of third parties unless it is validly authorized to represent it (legal person for example). Registration is strictly personal to each Client.
In the event of a breach by the Customer of one of the provisions herein, the Operator reserves the right to terminate the Customer's account without notice.
Article 6 - TERMS OF PAYMENT AND SECURITY
The Customer expressly acknowledges that any order placed on the Site is an order with a payment obligation, which requires the payment of a price against the supply of the ordered Product.
In any case, the Operator reserves the right to check the validity of the rules, before the order is dispatched, by any means necessary.
The Operator uses the PayPal online payment solution .
Orders can be paid using one of the following payment methods :
- Payment by credit card. The payment is made directly on the secure banking servers of the bank of the Operator, the banking details of the Client do not transit on the Site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties.
The Customer's order is recorded and validated upon acceptance of the payment by the bank.
The Customer's account will be charged the corresponding amount only when (i) the data of the credit card used has been verified and (ii) the debit has been accepted by the bank having issued the credit card.
The impossibility of debiting the amounts due will result in the immediate invalidity of the sale.
In particular, the credit card may be refused if it has expired, if it has reached the maximum amount of expenditure to which the Customer is entitled or if the data entered is incorrect.
- Payment by electronic wallet ( Paypal type ). The Customer already has an account on the electronic wallet used by the Operator. The Customer can use this account and pay his order safely without disclosing his bank details.
In this case, the order validated by the Customer will only be considered effective when the secure bank payment center has agreed to the transaction.
As part of the control procedures, the Operator may have to ask the Customer for all the documents necessary to finalize the order. These parts will not be used for purposes other than these.
Article 7 - PAYMENT OF THE PRIZE
The price of the products in force when ordering is indicated in euros all taxes included (TTC) excluding delivery and transport costs. In case of promotion, the Operator agrees to apply the promotional price to any order placed during the advertising period for the promotion.
The price is payable in euros (€) exclusively. The price is due in full after confirmation of the order. The proposed prices include discounts and rebates that the Operator would be required to grant.
If delivery or transport charges apply, they will be added to the price of the Products and indicated separately before the validation of the order by the Customer. The total amount due by the Customer and its details are indicated on the order confirmation page.
Article 8 - FORMATION OF THE CONTRACT
The contract between the Operator and the Customer is formed at the time of the sending by the Customer of the confirmation of his order.
The Customer's attention is particularly drawn to the method of acceptance of the order placed on the Site. When the Customer places his order he must confirm it by the technique of "double-click", that is to say that after selecting Products added to the basket, the Customer must check and possibly correct the content of his cart (identification, quantity of selected products, prices, terms and delivery charges) before validating it by clicking on "I validate my delivery", then acknowledges accepting the present GCS before clicking on the "I pay" button, finally he validates his order after filling in his bank details. The " double click " is an electronic signature and is equivalent to a handwritten signature. It constitutes an irrevocable and unreserved acceptance of the order by the Customer.
Archiving of communications, purchase orders and invoices is provided by the Operator on a reliable and durable support so as to constitute a faithful and durable copy. These communications, purchase orders and invoices can be produced as proof of the contract. Unless proven otherwise, the data recorded by the Operator on the Internet or by telephone constitutes proof of all transactions made between the Operator and its Customers.
The order can be solved by the Customer by registered letter with acknowledgment of receipt request or by writing on another durable medium in case:
- delivery of a Product that does not comply with the declared characteristics of the Product;
- delivery date in excess of the deadline set in the purchase order or, in the absence of such a date, within thirty (30) days after the conclusion of the contract, after the Operator has been ordered, under the same conditions and without result, to make the delivery within a reasonable additional time;
- price increase which is not justified by a technical modification of the product imposed by the public authorities.
In all these cases, the Customer may demand the reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.
The order can be solved by the Operator in case:
- refusal of the buyer to take delivery;
- non-payment of the price (or price balance) at the time of delivery.
Article 9 - RESERVATION OF PROPERTY
The Operator remains the exclusive owner of the Products ordered on the Site until receipt of the full price, including any shipping costs.
Article 10 - SHIPPING AND DELIVERY
The online sales offers presented on the site are reserved for consumers residing in France or, where applicable, in a member country of the European Union, and for deliveries in these same geographical areas.
Delivery means the transfer to the Customer of physical possession or control of the Product.
The Operator offers different modes of delivery or delivery depending on the nature of the product : UPS & Colissimo.
The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order .
The Operator undertakes, in accordance with the delivery deadline indicated on the Site for each of the Products, to deliver the Products within a maximum of thirty (30) days after receipt of order.
Delivery times are announced in working days on the Site when ordering. These delays include the preparation and shipping of the order and the time provided by the carrier.
The Operator undertakes to ship the Products in accordance with the deadlines announced on each Product Sheet and at the basket level, provided that the payment of the order has not been previously refused.
However, if one or more Products could not be delivered within the initially announced deadline, the Operator will send an email indicating to the Customer the new delivery date.
The Products will be delivered to the address indicated by the Customer when ordering. It is therefore up to him to check that this address does not contain an error. The responsibility of the Operator can not be engaged if the address communicated by the Customer is erroneous, preventing or delaying the delivery.
On delivery, you may be asked to sign a receipt.
No delivery will be made to a post office box.
On delivery, it is the Customer's responsibility to verify that the Products delivered are in compliance with his order and that the package is sealed and not damaged. If this is not the case, the Customer must imperatively indicate it on the delivery note. No claim on the quantity or condition of the Product will be accepted if the claim has not been made on the delivery note.
Article 11 - RIGHT OF WITHDRAWAL
If a delivered Product does not give full satisfaction to the Customer, the latter may return it to the Operator. The Customer will have fourteen (14) days to do so from the date of receipt of the order.
In accordance with Article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of Articles L. 221-18 et seq. Of the Consumer Code , the Customer is invited to contact Paris Day to the following address : firstname.lastname@example.org , in order to assert his right .
The Operator will send an acknowledgment of receipt of the Customer's request for withdrawal by e-mail.
If necessary, the Customer may exercise his right of withdrawal by notifying the Operator to the following information :
- name, geographic address, telephone number and email address;
- withdrawal decision by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail as soon as these details are available and therefore appear on the standard withdrawal form). The Customer may use the model withdrawal form but this is not mandatory.
The return costs are the responsibility of the Customer, unless the goods can not normally be returned by the Post Office, in which case the Operator will recover the Product at its expense.
The exceptions of Article L.221-28 of the Consumer Code apply and prevent the exercise of the right of withdrawal, especially if the order consists of a contract:
- provision of services fully performed before the end of the withdrawal period and the execution of which has begun after the express prior consent of the consumer and expressly waived his right of withdrawal;
- supply of goods or services the price of which depends on fluctuations in the financial market beyond the control of the trader and likely to occur during the withdrawal period;
- providing goods made to the consumer's specifications or clearly personalized;
- supply of goods that could deteriorate or expire quickly;
- supply of goods which have been unsealed by the consumer after delivery and which can not be returned for reasons of hygiene or health protection;
- supply of goods which, after being delivered and by their nature, are inseparably mixed with other articles;
- supply of alcoholic beverages whose delivery is deferred beyond thirty (30) days and whose value agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
- maintenance or repair work to be carried out urgently in the consumer's home and expressly requested by him, within the limits of the spare parts and works strictly necessary to respond to the emergency;
- providing audio or video recordings or computer software where unsealed by the consumer after delivery;
- providing a newspaper, periodical or magazine, except for subscription contracts to such publications;
- concluded at a public auction;
- providing accommodation services, other than residential accommodation, goods transportation services, car rentals, catering or leisure activities to be provided on a specified date or period;
- providing digital content not supplied on a physical medium whose performance has begun after express prior consent of the consumer and expressly waiving his right of withdrawal.
The returned Product must be in its original packaging, in perfect condition, suitable for resale, unused , with all possible accessories and having kept the attached sealed label.
In addition to the returned Product, the return package must also contain a letter specifying the exact coordinates (surname, first name, address) and complete details of the Customer as well as the order number and the original purchase invoice.
The Operator shall reimburse the Customer for the amount of the Product within fourteen (14) days of receipt of the Product and all the elements enabling the Client's reimbursement to be implemented. This reimbursement may be made by the same means of payment as that used for the Customer. As such, the Customer having paid his order in the form of credit vouchers / gift vouchers may be reimbursed by credit vouchers / gift vouchers according to the wishes of the Operator.
By accepting these General Conditions of Sale, the Customer expressly acknowledges having been informed of the terms of withdrawal.
Article 12 - CUSTOMER SERVICE
The Customer may contact the Operator :
- by sending an e-mail to email@example.com stating the name, telephone number, subject of the request and the number of the order concerned.
Article 13 - INTELLECTUAL PROPERTY AND LICENSE TO USE THE SITE
The Operator is the sole owner of all the elements present on the Site, in particular and without limitation, all texts, files, animated or not images, photographs, videos, logos, drawings, models, software, brands, visual identity, database , structure of the Site and any other intellectual property and other data or information (hereinafter, the " Elements ") that are protected by French and international laws and regulations relating in particular to intellectual property.
Accordingly, none of the Site Materials may in whole or in part be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented or otherwise exploited. , whether free of charge or onerous, by a Customer or by a third party, regardless of the means and / or media used, whether known or unknown to date, without the express prior written authorization of the Operator on a case-by-case basis, and the Customer is solely responsible for any unauthorized use and / or exploitation.
The Operator reserves the right to take legal action against persons who have not respected the prohibitions contained in this article.
ARTICLE 14 - LIABILITY AND WARRANTY
The Operator can not be held responsible for the non-performance of the contract by the Customer or because of an event qualified by force majeure by the competent courts or the unpredictable and insurmountable of any third party to these.
The Customer acknowledges that the characteristics and constraints of the Internet do not guarantee the security, availability and integrity of data transmissions over the Internet. Thus, the Operator does not guarantee that the Site and its services will operate without interruption or error of operation. In particular, their operation may be temporarily interrupted for maintenance, updates or technical improvements, or to change the content and / or presentation.
The Operator can not be held responsible for the use that the Site and its services would be made by the Clients in violation of these General Conditions and the direct or indirect damages that this use could cause to a Customer or a third party. In particular, the Operator can not be held responsible for misrepresentations made by a Customer and his behavior vis-à-vis third parties. In the event that the liability of the Operator is sought because of such behavior of one of its Clients, the latter undertakes to guarantee the Operator against any conviction pronounced against him and to repay the Operator of all costs, including legal fees, incurred in his defense.
Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the Products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 and following of the French Consumer Code (in particular L. 217-4 to L. 217). -14 of the Consumer Code), and the guarantee of hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When acting under the legal guarantee of conformity:
- you have a period of two (2) years from delivery of the property to act:
- you can choose between the repair or the replacement of the property, subject to the conditions of cost envisaged by the article L. 217-9 of the Code of the consumption;
- you are exempted from showing proof of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except second-hand goods).
You can decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, you can choose between the resolution of the sale or a reduction of the selling price in accordance with article 1644 of the Civil Code.
Reproduction of Articles L. 217-4, L. 217-5, L. 217-7, L. 217-9 and L. 217-12 of the Consumer Code, Article 1641, 1644 and the first paragraph of Article 1648 of the Civil Code, as in effect on the date of these General Terms and Conditions of Sale:
Art. L.217-4 of the Consumer Code:
" The seller delivers a good in accordance with the contract and responds to defects of conformity existing at the time of delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it has been charged to it by the contract or has been carried out under its responsibility. "
Art. L.217-5 of the Consumer Code:
" The property is in accordance with the contract:
1 ° If it is fit for the customary use of a similar good and, where applicable:
- if it corresponds to the description given by the seller and possesses the qualities that he has presented to the buyer in the form of a sample or a model;
- it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labeling;
2 ° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted. "
Art. L.217-7 of the Consumer Code:
" The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proven otherwise.
For used second-hand goods, this period is fixed at six months.
The seller can combat this presumption if it is not compatible with the nature of the good or the lack of conformity invoked. "
Art. L.217-9 of the code of consumption:
"In case of lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the choice of the buyer if this choice entails a cost obviously disproportionate with respect to the other modality, taking into account the value of the good or the importance of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer ".
Art. L.217-12 of the Consumer Code:
" The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. "
Art. 1641 of the Civil Code:
" The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminishes the use so much, that the buyer would not have acquired it, or would have given a lower price if he had known them. "
Art. 1644 of the Civil Code:
" In the case of items 1641 and 1643, the buyer has the choice to return the thing and get the price back, or keep the thing and get a part of the price. "
Art. 1648 paragraph 1 of the Civil Code:
" The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. "
It is recalled that the search for amicable solutions prior to any legal action does not interrupt the deadlines for action of the legal warranties or the duration of any possible contractual guarantee.
ARTICLE 16 - AFTER-SALES SERVICE
The after-sales services performed by the Operator and not covered by the commercial guarantee are the subject of a contract, a copy of which is given to the Customer.
Warranty claims must be addressed to the after-sales service at the following coordinates :
- e-mail address : firstname.lastname@example.org
- postal address : Journée Paris / SAV, 35 boulevard Rochechouart, 75009 Paris, FRANCE
Products covered by the warranties must be returned in new and complete condition and in their original condition after receipt and confirmation of the claim by the after-sales service.
The Customer will be refunded the return postage no later than thirty (30) days after receipt of the product by the Operator.
ARTICLE 17 - PERSONAL DATA
Article 18 - HYPERTEXT LINKS
The hypertext links available on the Site may refer to third party sites not edited by the Operator. They are provided solely for the convenience of the Customer, to facilitate the use of resources available on the Internet. If the Customer uses these links, he will leave the Site and will then agree to use the third party sites at his own risk or in accordance with the conditions that govern them.
The Customer acknowledges that the Operator does not control or contribute in any way to the development of conditions of use and / or content applicable to or appearing on these third party sites.
Consequently, the Operator can not be held responsible in any way because of these hypertext links.
In addition, the Customer acknowledges that the Operator can not guarantee, guarantee or resume all or part of the conditions of use and / or content of these third-party sites.
The Site may also contain promotional hypertext links and / or banners advertising to third sites not published by the Operator.
The Operator invites the Customer to notify him of any hypertext link on the Site that would allow access to a third party site offering content contrary to the laws and / or morality.
The Customer may not use and / or insert hypertext links to the site without the prior written agreement of the Operator on a case by case basis.
ARTICLE 19 - REFERENCES
The Customer authorizes the Operator to mention the name of the Customer, its logo as a reference in its communication media (brochure, website, commercial proposal, press relations, press release, press kit, internal communication, etc. .).
ARTICLE 20 - GENERAL PROVISION
INTEGRALITY OF THE AGREEMENT OF THE PARTIES
These General Terms and Conditions constitute a contract governing the relationship between the Customer and the Operator. They constitute the entirety of the rights and obligations of the Company and the Operator relating to their object. If one or more stipulations of the present General Conditions are declared null according to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their strength and their scope. In addition, the fact that one of the parties to these General Conditions does not claim a breach by the other party to any of the provisions of these General Terms and Conditions can not be interpreted as a waiver on his part to to claim in the future such a breach.
AMENDMENTS TO CONDITIONS
The Operator reserves the right to modify at any time and without notice the content of the Site or the services available there, and / or to stop temporarily or permanently exploit all or part of the Site.
In addition, the Operator reserves the right to modify at any time and without notice the location of the Site on the Internet, as well as these Terms and Conditions. The Customer is therefore required to refer to these Terms and Conditions before using the Site.
The Customer acknowledges that the Operator can not be held responsible in any way towards him or any third party as a result of these modifications, suspensions or terminations.
The Operator advises the Customer to save and / or print the present General Conditions for a safe and durable conservation, and thus be able to invoke them at any time during the execution of the contract if necessary.
COMPLAINT - MEDIATION
In case of dispute, you must first contact the customer service of the company at the following coordinates : Journée Paris / SAV, 35 Boulevard de Rochechouart, 75009 Paris .
In case of failure of the complaint request to the customer service or in the absence of a response from this service within a period of ten (10) days, the Customer may submit the dispute relating to the purchase order or to these Terms and Conditions. opponent of the operator to the following mediator : Mediator of the city of Paris.
The mediator will attempt, in complete independence and impartiality, to bring the parties together in order to reach an amicable solution. The parties remain free to accept or refuse the use of mediation and, in the case of recourse to mediation, to accept or reject the solution proposed by the mediator.
These Terms and Conditions are governed, interpreted and applied in accordance with French law.
ACCEPTANCE OF TERMS AND CONDITIONS BY CUSTOMER
The Customer acknowledges having read these Terms and Conditions carefully.
By registering on the Site, the Customer confirms having read the General Conditions and accepting them, making it legally bound by the terms of these General Terms and Conditions.
The General Conditions applicable to the Customer are those available on the date of the order of which a copy dated to date can be given to the Customer at his request, it being specified that any modification of the General Conditions that would be made by the Operator is not will not apply to any order previously made, except with the express agreement of the Customer at the origin of a given order.