Terms and Conditions of Sale
The present general conditions of sale aim at defining the rights and obligations of JADE ROLLER and the Customer of the products presented by JADE ROLLER on its site jaderoller.fr (hereafter " the Site "). They apply in an exclusive way between the company JADE ROLLER, 13 rue Sainte-Ursule 31000 Toulouse (hereafter " JADE ROLLER ") and any consumer physical person visiting or carrying out a purchase via the aforementioned Site (hereafter " the Customer ").
On the Site, JADE ROLLER allows the Customer to Order online beauty products (hereafter " the Product(s) ") according to the present general conditions.
Any order made with JADE ROLLER thus involves the acceptance without reserve by the Customer of the present conditions. The present general conditions can be modified at any time and without notice by JADE ROLLER, the applicable conditions being those in force at the date of the order by the Customer.
2. PRODUCTS AND COMPLIANCE
2.1. The Products put on sale are presented on the site of JADE ROLLER and accompanied by a description.
2.2. The Products proposed by JADE ROLLER are in conformity with the standards applicable in France.
The elements such as in particular photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the Products are not contractual, what the Customer recognizes.
Consequently, JADE ROLLER would not know how to incur the least responsibility in case of error or of omission of any of these elements or in case of modification of the aforementioned elements by the suppliers and/or editors.
3. OBLIGATIONS OF THE CLIENT
3.1. The Customer declares that he/she is of legal age and has the legal capacity or parental authorization to place an order on the Site.
3.2. The Customer commits himself communicating to JADE ROLLER the real elements of information and necessary to the realization of the service object of the present conditions as it is asked to him on line and according to his situation, notably his name, first name, address, telephone and valid e-mail.
The Customer is responsible for the consequences resulting from false or inaccurate information transmitted or the use of which would be illicit.
3.3. Once the order is placed, JADE ROLLER addresses to the Customer an e-mail confirming this one. It informs him of the sending of the Products.
3.4. The Customer can modify his data in the heading "my account".
4.1. Any order will be validated only after acceptance of the payment.
4.2. JADE ROLLER reserves the right to cancel or to refuse an order in case of dispute with the Customer on a previous order.
4.3. JADE ROLLER can accept the orders within the limit of the available stocks. He informs the Customer of the availability of the Products sold on the Site at the time of the confirmation of the order.
If, in spite of the vigilance of JADE ROLLER, the products are unavailable, JADE ROLLER will inform the Customer by e-mail as soon as possible. The Customer will then be able to cancel his order and to be refunded, if necessary, the sums already paid.
The definitive or temporary unavailability would not know how to engage the responsibility of JADE ROLLER, not more than it would know how to open an unspecified right to compensation or damages in favour of the Customer.
5.1. The prices displayed on the Site are indicated in euros, including all French taxes (French VAT and other taxes that may be applicable), excluding shipping costs, participation in order processing costs and packaging costs.
The shipping costs, participation in the costs of order processing and packaging will be indicated in the Customer's basket, before the final validation of the order.
The amount paid by the Customer does not include taxes and customs fees that may be applied by the customs authorities when delivering to a country outside of France. The payment and the knowledge of the taxes and rights which can be applied to the purchase are the responsibility of the Customer. JADE ROLLER is not held responsible and does not refund the expenses or taxes of customs applying to the country of the Customer. If the Customer chooses not to pay the import duties and returns the parcel, he will not receive a refund when the parcel is received but a credit on the Site for the value of the purchased Products only, minus the shipping costs.
Prices can be modified at any time, without prior notice and in particular in case of change of fiscal or economic data. Items will be invoiced on the basis of the rates in effect at the time the order is placed.
6.1. JADE ROLLER delivers its Products in France and in all the countries of the European Union and can even deliver internationally.
The products are sent to the address of delivery indicated by the Customer during his order. The delivery times indicated on the site are indicative times, corresponding to the average processing and delivery times. In order for these times to be respected, the Customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
In the event of a delay in delivery of more than 116 working hours, if the product has not been shipped, the Customer may denounce the order by e-mail to email@example.com with acknowledgement of receipt or by registered letter with acknowledgement of receipt and request a refund of his order.
If the article was sent before reception of the cancellation of the order for delay of delivery of more than 116 working hours, JADE ROLLER will proceed to the refund of the article and the expenses of expedition and return, to reception of this one, complete, in its state of origin and with all the labels.
JADE ROLLER makes a commitment to inform the Customer of the evolution of the treatment of his order.
In case of damaged parcel (already opened, missing products...), the Customer commits himself to notify to the carrier and to JADE ROLLER, by all means, all reserves in the 3 days following the reception of the product.
JADE ROLLER could not be held responsible for the consequences due to a delay of routing not being of its fact.
The totality of the payment must be realized at the time of the order. At no time can the sums paid be considered as deposits or down payments. The Customer pays his order by credit card (Visa, Eurocard/Mastercard) or with his Paypal account. For any transaction, the Customer will indicate the number appearing on the front of his card, the expiration date of his card and the cryptogram appearing on the back of his card (last three digits).
The communication by the Customer of his bank card number is worth authorization for JADE ROLLER to debit his account to due amount of his order.
No sending in against-refunding will be accepted, whatever is the reason.
JADE ROLLER keeps the property of the article until the complete payment of the price by the Customer. The purchases are realized in a secure way. The solutions of payment adopted by JADE ROLLER are 100% secure. For the payments by bank card (blue card, blue card visa and e-blue card), all the information that the Customers communicate to JADE ROLLER are strictly protected and guarantee the conformity and the security of every transaction.
8. RETURN AND REFUND OF PRODUCT(S)
RIGHT OF RETRACTION
Within thirty (30) days as from the reception of his order, the Customer will be able to ask to JADE ROLLER the return of the Product(s). This delay can be extended to forty-five (45) days in exceptional periods before Christmas for the orders placed from November 15th till December 21st.
The Customer must return the Product(s) he/she wishes to return at his/her own expense, except if the product has a manufacturing defect or does not correspond to the initial order. The Customer must inform the customer service department by email at firstname.lastname@example.org or fill in the online return form on the "Delivery and Return" page of the Site, which contains all the information required to return the Product(s). In the event that the Customer has received a product with a manufacturing defect or that does not correspond to the initial order, he/she can notify the customer service at email@example.com in order to be reimbursed for the return shipping costs. A prepaid return label service will generally be offered.
The return is at the Customer's risk. The Product must be returned in its original packaging, in its original condition, new, unused, with the order number, to the following address
25 rue de la République
The returned Product will be the object of a credit note or will be refunded within a maximum period of fifteen (15) days as from its reception by JADE ROLLER. In the case of a refund, this one will be made by a credit of the amount to be refunded on the bank account of the Customer.
In the absence of respect by the Customer of the present conditions, in particular the conditions of return or exchange, JADE ROLLER will not be able to proceed to the refunding of the concerned Products.
9. COMMERCIAL GUARANTEE
All our products are guaranteed for one year as from the day of the purchase.
In accordance with the article L211-4 of the code of the consumption JADE ROLLER makes a commitment to deliver the product(s) without defect of conformity. The present guarantee does not apply: (a) stone or glass parts, unless the damage is due to a defect in materials or workmanship; (b) cosmetic damage, including, but not limited to, scratches, scuffs or broken elements, unless the damage is due to a defect in materials or workmanship; (c) damage caused by accident, abuse, misuse, exposure to liquid, fire, earthquake or any other external cause; (d) product failure due to misuse or abuse; (e) defects resulting from normal wear and tear or normal aging of the product; (f) theft or loss of part or all of the product. All the expenses caused (shipping costs, replacement, repair) are in charge of the brand JADE ROLLER in accordance with the article L211-11 of the code of the consumption. If you wish to make use of the commercial guarantee, please fill this form and return it to us to firstname.lastname@example.org :
I/We (*) hereby notify my/our (*) request for a commercial warranty for the sale of the following goods
- Order number
- Ordered on
- Name of consumer(s)
- Consumer(s) address
(*) Delete as appropriate
I certify that I have been informed of the commercial guarantee on the contract for the sale of the good identified above within a period of one (1) year from the day of purchase of the said good by myself or by a third party that I have designated, other than the carrier; that if the good concerned is returned using the return label issued to the following address https://jaderoller.shipping-portal.com/rp/, Jade Roller will pay for the return shipping costs, otherwise, the return shipping costs will be at my expense; that I am returning the good in its original packaging, or in a packaging that allows for the total protection of the good (bubble wrap, paper and packing particles); that I am responsible for the good and for any breakage until it is received by Jade Rollerand that in case of loss, I will provide a proof of deposit issued by the carrier.
Signature(s) of consumer(s):
10. INTELLECTUAL PROPERTY
In no case the Customer is authorized to download or to modify all or any part of the Site and in particular its contents (listed products, descriptions, images, videos...).
This Site or any part of this Site must not be reproduced, copied, sold or exploited for commercial reasons without the express and written authorization of JADE ROLLER.
In a general way, all the copyrights, marks and other distinctive signs and rights of property or intellectual property appearing on the Site, will remain the full and whole property of JADE ROLLER.
The Customer is thus held with the respect of the rights of intellectual property and will not be able to use the marks appearing on the Site and on Products if necessary, or to deposit of mark which would carry damage to the holder of the rights, except contrary contractual provision.
The same applies to any other intellectual property right.
11. WARRANTIES AND LIABILITY
JADE ROLLER has, for all the stages of access to the site, from the process of order to the expedition of the parcel or the posterior services, only an obligation of means. The responsibility of JADE ROLLER could not be committed for all the inconveniences or damages inherent to the use of the Internet network, in particular a rupture of service, an external intrusion or the presence of computer virus, or of any fact qualified as force majeure, according to the law and the jurisprudence.
JADE ROLLER makes a commitment to use the confidential information of the Customers only within the framework of the exploitation of its Site.
For the good progress of the order, the collected personal data will be the object of a data-processing treatment, the Customer recognizes to have knowledge of it.
For this reason, the information concerning him can be communicated to technical service providers of JADE ROLLER.
Moreover, JADE ROLLER will be able to apply technical means to obtain not personal information relating to the Internet users and intended to improve the functionalities of the site, for example by tracing the number of visitors on certain pages.
In accordance with the law of January 6th, 1978 modified by the law of August 6th, 2004, the Customer has a right of access and of correction of the personal data concerning him appearing in the files of JADE ROLLER. Any request must be addressed by e-mail to: email@example.com.
12. FORCE MAJEURE
In the event of a force majeure event, the party concerned must inform the other party within fifteen (15) days of the occurrence of this event, by registered letter with acknowledgement of receipt.
In addition to those usually retained by the jurisprudence of the French courts and tribunals, the following are expressly considered as cases of force majeure or fortuitous events: total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.
All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.
If the force majeure event continues for more than three (3) months, the contract concerned may be terminated by operation of law without compensation for either party.
13. GENERAL PROVISIONS
13.1. PARTIAL INVALIDITY OF A CLAUSE
If any of the stipulations of these conditions is declared null and void or unenforceable by a competent court, it will be declared unwritten and will not lead to the nullity of the other stipulations.
The present general conditions can be modified at any time and without notice by JADE ROLLER, the applicable conditions being those in force at the date of the order by the Customer.
13.3. APPLICABLE LAW - COMPETENT COURT
The present general conditions are subjected to the French law as regards the rules of substance as the rules of form. Any dispute shall be subject to a prior attempt at amicable settlement.
In the absence of an amicable settlement, jurisdiction is attributed to the competent French courts, notwithstanding multiple defendants or warranty claims.
13.4 : REPRODUCTION OF THE APPLICABLE TEXTS (ORDER 2005-136 OF FEBRUARY 17, 2005, CODE OF CONSUMPTION, CIVIL CODE)
Article L. 211-4. of the Consumer Code
The seller is obliged to deliver goods that conform to the contract and is responsible for any lack of conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter was put at his charge by the contract or was carried out under his responsibility.
Art. L. 211-5. of the Consumer Code
- To be in conformity with the contract, the goods must :
1° Be fit for the purpose usually expected of similar goods and, where applicable :
- correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model;
- have the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the attention of the seller and accepted by the latter.
Art. L. 211-12. of the Consumer Code
The action resulting from the defect of conformity is prescribed by two years as from the delivery of the good.
Art. 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the thing sold which make it unfit for the purpose for which it was intended, or which so diminish this use that the customer would not have acquired it, or would have given only a lower price, if he had known about them.
Art. 1648 paragraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
You can contact Jade Roller by email at firstname.lastname@example.org.