General Terms Of Sale And Use
'Customer(s)' refers to Internet user(s) who browse the Site and make an online purchase of Product(s) for personal use. 'General Terms of Sale' refers to the present general terms of sale pertaining to products on the Site. 'J.M. Weston' refers to J.M. Weston S.A., whose head office is located at 65 Rue Nicolas Appert, 87000 Limoges - France, owner of the brand J.M. Weston and which markets J.M. Weston products sold on the Site. 'Products' refers to the products marketed for sale on the Site under the terms of Article 3 hereinunder. 'Site' refers to the electronic commerce website accessible via the Internet network at the address eu.jmweston.com/en which sells Products from the J.M. Weston brand.
2. PURPOSE - SCOPE OF THE GENERAL TERMS OF SALE
The purpose of the present general terms of sale is to define the terms and conditions of the online sale of Products on the Site to Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products marketed on the Site. They determine all the steps required to place an order and ensure the execution of this order between the Parties. By placing an order for a Product on the Site, the Customer acknowledges having read and agreed without reservation to the General Terms of Sale; said acceptance is not in any way contingent upon a handwritten signature by the Customer. The viewing of the Site by the Customer is also governed by conditions of Site use which they accept without reservation and which can be accessed on : eu.jmweston.com/en/mentions-legales-conditions-utilisation. It is stipulated that the Customer may save or print these General Terms of Sale, provided they do not edit them. J.M. Weston reserves the right to update the General Terms of Sale at any time. The General Terms of Sale apply to all online sales made on the Site to the exclusion of all other documents, including the terms which apply to sales in stores or via other distribution and marketing channels.
3.1 – Description of Products - The Products available for sale are those which appear on the Site on the day the Site is viewed by the Customer and within the limit of available stock. The utmost care is exercised in presenting the Products on the Site to satisfy the requirements of Article L.111-1 of the Consumer Code. Nevertheless, the photographs which illustrate the Products are merely indicative and are not binding. Indeed, while every effort is made to ensure that the colour of the Products whose photos are displayed on the Site are faithful to the original products, some variations may occur, in particular due to the technical limitations of colour renderings on computer devices. As a result, J.M. Weston cannot be held liable for errors or inaccuracies in the photographs or graphic depictions of the Products featured on the Site.
3.2 – Availability of Products - Products are offered within the limit of available stock. There is no guarantee as to the availability of the Products featured on the Site. If one of the Products is unavailable, the Customer shall be notified as soon as possible by email that their order will be delivered in part or cancelled.
The prices of the Products are binding. They are given in Euro. The price in effect is the one given on the Site, except in the case of a typographical error. These prices include the VAT applicable on the day of the order but do not include packaging and delivery fees which shall be charged in addition and shall be disclosed to the Customer when they approve their order. The delivery fee is a fixed, flat rate. The price invoiced to the Customer is the price stated on the order sent via email by the Site. J.M. Weston reserves the right, which the Customer accepts, to change its prices at any time, with no formality beyond making the changes on the Site. These changes shall not, however, affect orders accepted by the Site before the entry into force of these changes, subject to the availability of the Products ordered.
5. ORDER METHOD
5.1 – Navigation within the Site - The Customer may become familiar with the different Products marketed on the Site. The Customer may freely browse the different pages of the Site, without being committed to placing an order..
5.2 – Placement of order - It is stipulated that the Products are intended for the personal use of the Customer with no direct relationship to their professional activities. As such, the Customer is asked to take special note of the fact that they cannot order more than two (2) of the same Product or in excess of 2,500 Euro; 2,500 GBP; 2500 CHF. If an order is placed in excess of the aforementioned amount and/or number, the order shall be considered to be null and void. If the Customer wants to place an order, they will choose the Products in which they are interested and shall express this interest by clicking on the 'Add to cart' button.
5.3 – Areas eligible for order delivery - The Customer has the option of having the articles delivered to a natural person of his choice whose permanent residence is located in mainland France, Monaco, Belgium, Germany, Austria, Spain, Greece, Ireland, Italy, Luxembourg, the Netherlands, and Portugal. The Customer may only place orders from United Kingdom for delivery to United Kingdom and from Switzerland for delivery to Switzerland. Any order indicating another delivery location shall be declined.
5.4 – Final approval of order - The Customer must tick the box next to the message 'By ticking the following box, I acknowledge I have read and agreed to the General Terms of Sale' to definitively validate the order before they will be able to choose the payment method offered on the same page.
5.5 – Confirmation of an order - The order shall not be considered definitive until after the Site sends the Customer a confirmation of order acceptance via email.
Except when the server is unavailable, the Customer may pay for their order after it has been definitively validated on the Site by bank card (Carte Bleue, Visa, MasterCard and AMEX only). The Customer shall enter their card number, its expiration date, the name of the card holder and the security code (the last three numbers on the back of the bank card). Payment by cheque is not accepted. J.M. Weston reserves the right to refuse any order or delivery if it exceeds the caps set forth in Article 6.2 hereof, if there is an outstanding claim involving the Customer, if the Customer previously failed to pay for all or part of an order or if payment by bank card is declined by banking institutions. The Customer warrants that it has any necessary permissions to use the payment method chosen at the time the order was validated. If the bank declines the transaction, the order shall be automatically cancelled and the Customer notified via email message. The Customer is encouraged to print the order summary. Data pertaining to orders shall be recorded and stored in the computer systems of J.M. Weston and its partner bank. The information logs of these companies shall be considered proof of all the transactions entered into by the Parties on the Site. The order data are archived on a reliable, durable platform than can be produced as evidence.
For all orders confirmed before 10:00 a.m. Monday to Friday (excluding holidays), the Products ordered shall be shipped the same day. The Products shall be delivered by Chronopost or UPS within 1 to 4 working days from confirmation of the order by J.M. Weston. The carrier is solely responsible for any delay in delivery and, in such a case, this shall not give rise to any compensation for the Customer. Delivery may be free of charge for the purchase of Products above a certain order value. In all cases, delivery costs are clearly indicated to the Customer during the ordering process.
For security reasons, orders will not be accepted for delivery to a hotel or other such accommodation, a poste restante, a post office box, a non-permanent residence (such as, but not limited to, mobile homes, caravans, camper vans and other non-permanent residences), or a collective space where no individual address can be assigned in a lasting manner to a natural person or legal entity.
The Customer is required to pay particular attention to the details provided on the order form and in particular to the delivery address. If the Customer makes an error with the delivery address, the package will be returned by the carrier with the words “not at this address” on it. In this case, the delivery costs will be borne by the Customer.
The Customermust check that his/her order is complete and that the products are in good condition on delivery. Any anomaly pertaining to the delivery (damaged parcel, missing Products, delay in delivery, etc.) must be described in writing on the delivery note presented by the carrier. The Customer must also report it by email to email@example.com so that the quality of service can be improved and an investigation can be launched with the carrier. If the Customer reports a missing product on the delivery note, an investigation with the carrier may take up to 21 working days. If, during this period, the product is found, it shall be immediately rerouted to the place of delivery indicated on the order. However, if the ordered product is not found after this investigation period, J.M. Weston will refund the missing product or, if possible, reship the missing product originally ordered by the Customer at its own expense..
8. CANCELLATION PERIOD
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Customer has a period of 14 clear days to return the Product(s) ordered. This period starts on the day after or on the first working day following the day of delivery of the order or on the day of delivery of the last product when the order is delivered in instalments. However, pursuant to the provisions of Article L.121-28-2 of the French Consumer Code, this cancellation right does not apply to product(s) made to the Customer’s specifications or that have been distinctly personalised. All Products must be returned in their original packaging. The Customer may exercise his/her cancellation right by any written means of his/her choice or by following the procedure described at www.jmweston.com/retour. If the above conditions are met, J.M. Weston will reimburse the Customer for all sums incurred by him/her in connection with the order of the returned Products, within 14 days of the date on which the cancellation right was exercised, in accordance with Article L.221-24 of the French Consumer Code. This refund will be made by the means of payment used for the purchase.
9. RETURNS AND EXCHANGES
You can return products from mainland France free of charge via Chronopost, from Belgium, United Kingdom and Switzerland via UPS under the terms of our Return Policy within 28 days of receipt of your order. This right is in addition to and different from the right of retraction and cancellation within 14 days that is granted to you by French law. Under the terms of our Return Policy, the products must be in their original condition, bear their original labels and be accompanied by the original packaging and delivery slip. All returned products are inspected. Any returned product that is incomplete, damaged, worn or soiled shall not be accepted and shall be returned to you. Under no circumstances may refunds be requested and/or performed in-store. You may exchange your items in J.M. Weston shops upon presentation of your invoice. Except in the cases stated hereinabove, no Product exchanges are allowed. We shall cover the costs of product returns in accordance with the terms of our return policies. Please contact our Customer Service for details and to obtain a prepaid return label.
10. PRODUCT GUARANTEE
The Customer benefits from the guarantee of conformity under Articles L.217-3 et seq. of the French Consumer Code, as well as the legal guarantee of hidden defects on the products, under the conditions of Articles 1641 to 1649 of the French Civil Code, as reproduced below.
The seller shall deliver goods which comply with the contract and with the criteria set out in Article L.217-5. The seller is liable for non-conformities existing when the goods were delivered under Article L.216-1, which appear within two years of the delivery. In the case of a contract for the sale of goods containing digital elements:
1° When the contract provides for the continuous supply of digital content or a digital service for a period less than or equal to two years, or when the contract does not determine the duration of supply, the seller is liable for non-conformities in this digital content or this digital service which appear within two years of the delivery of the goods
2° When the contract provides for the continuous supply of digital content or a digital service for a period of more than two years, the seller is liable for non-conformities in this digital content or this digital service which appear during the period in which it is provided under the contract.
For such goods, the applicable period does not deprive the consumer of his or her right to updates in accordance with the provisions of Article L.217-19.
The seller shall also be liable, during the same periods, for non-conformities resulting from the packaging, assembly instructions or installation when the contract stipulates that such installation shall be performed by the seller or when such installation has been performed under its responsibility, or when the incorrect installation, performed by the consumer as stipulated in the contract, is due to omissions or errors in the installation instructions provided by the seller.
This guarantee period applies without prejudice to Articles 2224 et seq. of the French Civil Code. The limitation period for consumer action starts on the day when the consumer becomes aware of the non-conformity.
The goods comply with the contract if they meet the following criteria in particular, if applicable:
1° The goods correspond to the description, type, quantity and quality, in particular as regards functionality, compatibility, interoperability or any other characteristic stipulated in the contract
2° The goods are suitable for any special purpose required by the consumer, which was brought to the attention of the seller when the contract was concluded and accepted by the seller
3° The goods are delivered with all the accessories and installation instructions, to be provided in accordance with the contract
4° The goods are updated in accordance with the contract.
I.- In addition to the criteria for compliance with the contract, the goods are compliant if they meet the following criteria:
1° They are suitable for the purpose usually expected of the same type of goods, taking into account, where applicable, any provision of European Union law and national law and any technical standards or, in the absence of such technical standards, the specific codes of conduct applicable to the sector concerned
2° Where applicable, the goods have the qualities that the seller presented to the consumer in the form of a sample or model, before the contract was concluded
3° Where applicable, the digital elements they contain are provided in the most recent version available when the contract is concluded, unless the parties agree otherwise
4° Where applicable, they are delivered with all the accessories, including the packaging and installation instructions that the consumer may legitimately expect
5° Where applicable, they are provided with the updates that the consumer may legitimately expect, in accordance with the provisions of Article L.217-19
6°They correspond to the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, that the consumer may legitimately expect for the same type of goods, taking into account the nature of the goods as well as the public statements made by the seller, by any person upstream in the transaction chain, or by any person acting on their behalf, including in advertising or on labelling.
II.- However, the seller is not bound by any of the public statements mentioned in the preceding paragraph if it demonstrates:
1° That it did not know of them and was not legitimately in a position to know of them
2° That when the contract was concluded, the public statements had been corrected under conditions comparable to the initial statements, or
3° That the public statements could not have influenced the decision to buy.
III.- The consumer may not contest the conformity by invoking a defect relating to one or more particular characteristics of the goods, which he or she was specifically informed deviated from the compliance criteria set out in this article and to which he or she expressly and separately agreed when the contract was concluded.
When, in connection with the contract, processing of personal data is carried out by the professional, a breach on its part of its obligations under Regulation (EU) 2016/679 of 27 April 2016 and Law No. 78-17 of 6 January 1978 on data processing, files and freedoms (the French Data Protection Act), where such breach results in the failure to comply with one or more compliance criteria set out in this section, shall be treated as a non-conformity, without prejudice to the other remedies stipulated in these texts.
Non-conformities which appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, shall, unless proven otherwise, be presumed to exist at the time of delivery, unless such presumption is incompatible with the nature of the goods or the defect invoked.
For second-hand goods, this period is set at twelve months.
When the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, non-conformities appearing during the following periods shall be presumed to exist at the time of delivery:
1°During a period of two years from the delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply
2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period of more than two years.
Article 1641 : The seller is bound by the guarantee for hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he or she had known about them.
Article 1642 : The seller is not liable for apparent defects which the buyer has been able to discover for him/herself.
Article 1643 : The seller is liable for hidden defects, even if it was unaware of them, unless, in this case, it has stipulated that it will not be bound by any guarantee.
Article 1644 : In the case of Articles 1641 and 1643, the buyer can choose between returning the item and obtaining a refund of the price paid, or keeping the item and having part of the price refunded.
Article 1645 : If the seller was aware of the item’s defects, it is liable, in addition to providing a refund of the price it received, for all damages to the buyer.
Article 1646 : If the seller was unaware of the item’s defects, it shall only be required to provide a refund of the price, and to reimburse the buyer for the costs incurred by the sale.
Article 1647 : If the item that had defects has perished as a result of its poor quality, the loss is for the seller, which shall be required to provide the buyer with a refund of the price and with the other compensation explained in the previous two articles. However, any accidental loss shall be borne by the buyer.
Article 1648 : Action resulting from redhibitory defects must be brought by the buyer within two years of the discovery of the defect. […]
Article 1649 : It does not take place in sales made by legal authority.
11. RETENTION OF TITLE
Ownership of the Products is not transferred to the Customer until after full payment of the price by the latter. The risks concerning the delivered Products (in particular loss, theft or damage) are nevertheless assumed by the Customer from the effective date of delivery.
12. PERSONAL INFORMATION
The personal information collected for distance selling transactions must be provided because this information is required to process and deliver the orders and to prepare invoices. This information is strictly confidential. Any failure to provide this information results in the automatic rejection of the order. Pursuant to the French Data Protection Act No. 78-17 of 6 January 1978, the processing of personal data collected on the Website has been reported to the French Data Protection Authority (CNIL). The Customer has the right to access, edit, correct and delete their personal data. To exercise this right, the Customer must send an email to firstname.lastname@example.org. The customer may receive from the Website email communications about J.M. Weston Products and activities. The Customer retains the right to refuse such communication, either by not giving their consent in the first place when they create their customer account, or at any time in the account management pages or by clicking on the unsubscribe link contained in an informational email or by sending an email to email@example.com
13. FORCE MAJEURE
J.M. Weston shall not be held liable for the complete or partial non-execution of its obligations if said non-execution is due to an unforeseeable event or the occurrence of an event which constitutes force majeure such as, but not limited to, flooding, fire, storm, lack of raw materials, transportation strike, complete or partial strike or lock-out. These events amount to cause for suspending and/or extinguishing the obligations of J.M. Weston toward the Customer with no compensation to the Customer.
14. PROPRIÉTÉ INTELLECTUELLE
The intellectual property rights associated with the Products sold on the Site are and remain the exclusive property of J.M. Weston, to whom all rights are exclusively reserved. Under these conditions, no one is allowed to reproduce, capitalize on, disseminate or use in any way, even partially, these intellectual property rights without the prior written consent of J.M. Weston. The brands and logos of J.M. Weston are registered trademarks. Any reproduction is, therefore, infringement.
15. SERVICE CLIENTS – MEDIATION
In the event of a question or complaint, the Customer may first contact the J.M. Weston customer service department, for which the contact details are given below:
Email : firstname.lastname@example.org
Adresse postale : J.M. Weston – Service Clients – Rue Nicolas Appert, 87000 Limoges – France
Mediation In accordance with Articles L.612-1 et seq. and R.612-1 et seq. of the French Consumer Code, in the event of failure to submit a complaint to the consumer service under the conditions referred to above or in the absence of a satisfactory response, the Customer may submit his/her dispute with the company, free of charge, by electronic means or by post, to a mediator who will attempt, in a completely independent and impartial manner, to bring the parties together with a view to reaching an amicable solution.
The Mediator of the company is The Paris Mediation and Arbitration Centre (CMAP), located at 39 avenue Franklin D. Roosevelt, 75008 PARIS – www.cmap.fr.
The outcome of the mediation will be decided within 90 days of the notification of the referral by the Mediator. In the absence of agreement between the parties, the dispute may be brought before the competent courts.
The Site may deposit a 'cookie' (alphanumeric identifier) on the hard disk of the Internet user's computer for the sole purpose of being able to recognise them on their future visits to the Site. Internet users are reminded that they may object to 'cookies' being deposited on their hard drive by adjusting the settings of their Internet browsing software accordingly. To this end, it is recommended that they refer to the user instructions ('help' section on the browser toolbar) of their Internet browsing software or to seek any useful information from the publisher of said software.
17. ENTIRE AGREEMENT CLAUSE
18. APPLICABLE LAW - DISPUTES
The present General Terms of Sale and the contractual relations between the Parties are governed by French law. Any challenge arising from the application or interpretation of the General Terms of Sale fall under the exclusive jurisdiction of the courts of Paris.