ARTICLE ONE– APPLICABLE CONDITIONS
The current General Conditions for the Sale (hereafter GCS) are applicable without restriction or reservation to the entirety of the sales by the company Les Jupons de Louison, a stock registered company #839 239 258 with its legal address at 2 allée Franz Liszt Villennes-sur-Seine 78670 (hereafter “the Seller”) to consumers and non-professional buyers (hereafter “client” or “clients”) visiting its Internet site www.lesjuponsdelouison.fr (hereafter “Internet site”).
Any person navigating the site can become aware of the GCS from all pages of the Internet Site.
The principal characteristics of the products that are sold on the Internet site (hereafter the “products”) are presented on the Internet Site.
The GCS are accessible at any time on the Internet Site. All other general conditions for the sale by the Seller, such as the general conditions for a sale in a store or by means of distribution other than the Internet Site, are not applicable to the sales of the Products on the Internet Site. Any contrary condition that is raised by the Client will be–unless an express approval was given–not relevant to the Seller, no matter the time when the matter was brought to the Seller’s attention. The fact that the Seller is not taking advantage of any one of the current GCS cannot be interpreted as the Seller’s future foregoing any one of the said clauses. The Seller reserves the right to modify the GCS at any moment. The GCS are those in effect at the time of the order. The modifications of those GCS are applicable to the users of the Internet Site as early as they being posted online and cannot be applied to transactions that were conducted prior to such date.
Except in the case of a proof to the contrary, the data stored in the Information Technology system constitute the proof of the entirety of the transactions concluded with the Client.
In conformity with the law for Information Technology and Freedoms of January 6, 1978, at any given time will the Client find the available means for accessing, rectifying, and cancelling the entirety of personal data by writing via regular postal mail and by providing proof of the Client’s identity to:
LES JUPONS DE LOUISON
2 allée Franz Liszt
The Client declares that he/she has taken cognizance of the current GCS and accepted them by checking the box intended for that purpose before setting into motion the final procedure of online order as well as accepting the general conditions for the use of the Internet.
The final approval for the order by the Client is tantamount to a full acceptance without restriction or reservation of the current GCS. The Client acknowledges that he or she meets the characteristics needed for contracting and securing the acquisition of Products offered on the Internet Site.
In the case of an order to be shipped to a country other than metropolitan France, the Client is the importer of the given Product(s). For all Products shipped outside the European Union and the French Overseas Departments/Territories (DOM-TOM), the pricing will be calculated without taxes automatically on the bill. Customs rights or local import taxes or import rights or State taxes may be added. They will be paid by, and are only liable to, the Client.
ARTICLE TWO — ORDERS
2.1 Client Account
Any major Client can freely and at no fee create a client account under the tab “Creer un compte (Create an Account)” on the Internet Site (hereafter “Client Account”).
The creation of a client account takes place by the Client filling out the form that is presented to the client for their identification data.
This account is strictly personal and enables the Client to identify themselves before launching any order.
At the time of the creation of the client account, the Client enters the data that will enable their identification under his/her entire responsibility, control and direction and the Client is committed to communicating complete, accurate and updated information and to not usurp the identity of a third party, or to mask or modify the Client’s age.
At the time of the creation of the Client Account, the Client chooses their identifying handle (email) and their password.
If the handle they chose is already used, the system will invite the client to choose another.
The handles and passwords are personal and confidential. The Client only is responsible to keep them as such.
The Client is committed to keeping the password secret and never to divulge it under whatever pretexte and for whatever reason it might be.
Upon suspecting that the use of the handle and password is made by a third party, the Client will immediately need to inform the Seller so as to change their password and/or decide to close down their client account.
The Seller reserves the right to close down any client account and to refuse any sale to a Client in the following cases:
Failure of payment of one or several prior Orders.
Abusive, disloyal, or fraudulent use of the order option offered on the site, or the non-respectful use of any one of the obligations for the client as defined in the GCS.
In this case, the Seller sends an email to the Client in question by using the electronic address given at the time of the creation of the client account informing the client of the deactivation of their handle and password and the closing down of the account.
Generally speaking, the Client is informed that their account can be closed following the request by the Client via email to the Seller.
2.2 Ordering Products
Any order must contain the inscription of the Client or Client identification. It implies an obligation for payment.
The Client declares to be above the age of 18 years and to be endowed with the judicial means to act, or if the Client is a minor, the Client will guarantee that a parental authorization exists for placing the order.
It behooves the Client to select on the Internet Site those Products that the Client wishes to order by following the purchasing online process that is indicated on the Internet Site and by clicking on the “Commander” (order) button in order to finalize the order.
Offers of Products are available as long as they can be seen and viewed on the Internet Site and as long as supplies last, and under such conditions as are detailed at the time of placing the order. The characteristics of the Products are presented on the Internet Site. It is incumbent upon the Client to obtain all relevant information before finalizing their order. The choice and the purchase of a Product as well as the conformity of the latter to their needs entirely behoove the Client to take into account. The photographs and the graph renditions presented on the Internet Site are not contractual promises and cannot entail the Vendor’s responsibility. The Client must keep referring their understanding of the Product to its descriptions given on the Internet Site so as to be knowledgeable of their essential characteristics.
An order is being processed only after the Client has validated and accepted the GCS by clicking on the appropriate boxes on the Internet Site set up for that purpose and by agreeing to the payment of the cost. The sale will be considered final only after the Client has received confirmation of the approval of the sale by the Service Provider through an electronic email. The Client has the ability to verify the specifics of his/her order, its total cost and to correct possible errors before confirming his/her finalizing the order (article 1127-2 of the Civil Code). This validation entails accepting the totality of the present GCS and constitutes a proof of the sales contract. It therefore behooves the Client to verify the complete accuracy of the order and to immediately alert of any mistake.
Any order made through the Internet Site is tantamount to entering a contract signed at a distance between the Client and the Vendor.
The Client will be able to follow the Vendor’s implementing of the order from the Internet Site.
The benefit of the order is entirely for the sake of the Client and cannot be abrogated without the accord of the Vendor.
It is not the vocation of the Vendor to sell Products listed on the Internet Site to professionals but only to consumers or non-professionals for their personal needs.
The Vendor therefore reserves the right to refuse the sale of a given Product in large quantities, under the proviso that an “important order” gets defined as one for more than 10 Products.
In the case of the cancelation of an order by a Client following its approval by the Vendor no less than two days prior to the date of the shipment of the Products ordered, for whatever reason outside the frame of the exercise of the right of retraction or for a reason of compelling necessity, a sum corresponding to twenty per cent (20%) of the total amount shall be owed to the Vendor and billed to the Client, on account of loss of benefit, in reparation for an incurred failure to deliver on a valid contract.
The Products are offered at the prices mentioned on the Internet Site at the time of finalizing the order by the Vendor, such as they were communicated to the Client prior to processing the order. The prices are given in Euros, both before taxes and with all taxes included.
The costs take into account possible price discounts that would have been indicated by the Vendor on the Internet Site.
Those costs are firm and unchangeable during their period of applicability, such as is indicated on the Internet Site, while the Vendor reserves the right, outside this period of applicability, to modify the costs at any moment. The costs do not include fees for processing, for shipping, for transport and for delivery, which are added supplemental costs, as the stipulated conditions mentioned on the Internet Site and are calculated prior to passing the order.
The payment required from the Client corresponds to the entire amount of the purchases, which includes the latter fees.
ARTICLE FOUR–CONDITIONS OF PAYMENT
The price is payable immediately, in totality upon the day when the order was made by the Client.
The payments on the Internet Site are securitized payments, specifically by private client account, by money transfer, with the Vendor’s banking account numbers being communicated to the Client, or by any other means of payment made available on the Internet Site.
The payment data are exchanged in encrypted mode following the SSL protocol.
Payments made by the Client are considered definitive only after their actual entering the Vendor’s register of receipt of the sums owed.
Any delay in the payment will entail in full measure and without any warning being given or without any formal procedure being required the following: (i) the immediate expectation of payment of the totality of the sums owed by the Client, (ii) the payment of penalties calculated on the annual rate to be three times the rate of the legal interest with the addition of five (5) extra points, superadded to the the amount with included taxes concerning the number of days of the delay, (iii) the right for the Vendor to suspend or cancel the delivery of the Products ordered by the Client and/or suspend the implementation of their obligations, without any abstention of further action that the Vendor might be considering against the Client, (v) the right by the Vendor to require the 100% payment of the current order ahead of subsequent orders.
No additional fee, superior to the the costs incurred by the Vendor for the use of the payment system, can be billed to the Client.
The Products ordered by the Client are to be delivered in Metropolitan France (and in Europe) on the date indicated at the time of the order being placed according to modalities defined in Article 4 of the current GCS at the address given by the Client during the ordering on the Internet Site.
The Vendor is committed to doing their best to deliver the Products ordered by the Client within a timeframe not more than forty-five (45) days.
However, this delay is given here only for the sake of providing an example. However, if Products that have been ordered have not been delivered within the above mentioned time frame with respect to the date mentioned for delivery, the Client will need to contact the Vendor before canceling the order so that the Vendor could implement it within supplementary delay (C. consom. Art. L,216-2, al.2). Failing the implementation at the end of this delay, in the case of major compelling necessity or action by the Client, the Client can cancel the sales contract. The Client will need to take these successive steps by means of certified mail with a postal receipt or by an instrument in writing or any other durable document. The contract shall be considered terminated upon reception by the Vendor of the letter or of the piece of writing informing the Vendor of the Client’s resolution, except if prior to that time the Vendor had delivered the Products (C. consom. Art. L.216-2, al.2). The resolution is immediate when:
The Vendor refuses to deliver the Products.
The date or the contractual delay being ignored constitute an essential condition on the part of the Client, this aspect resulting from the circumstances involving the conclusion of the Contract or resulting from a requirement expressly made by the Client before the conclusion of the Contract (C. consom. Art. L.216-2, al.3).
In the case of the cancellation in the above mentioned conditions, the Vendor is expected to reimburse the Client the totality of the sums already paid, no later than within the next fourteen (14) days upon ending the contract (C. consom. Art. L.216-3). Additional fees will be added in the case of a delayed reimbursement, of 10% within thirty (30) days beyond that deadline, 20% up until sixty (60) days, and 50% beyond.