Terms of sale
The present general conditions of sale are concluded between :
A&J Studio (JOUME), SAS with a capital of €5000
Headquartered at 29 rue Anselme, 93400 Saint-Ouen-sur-Seine, France
E-mail: joumeatelier@gmail.com
Hereinafter referred to as “The Vendor"
ON ONE PART,
and :
Any person wishing to make a purchase via the Vendor's website at https://joumeatelier.com/
Hereinafter referred to as “The Customer” or “The Buyer”.
ON THE OTHER PART
ARTICLE 1: PURPOSE
The purpose of these General Terms and Conditions of Sale is to define the contractual relationship between the Vendor and the Customer, and the conditions applicable to any purchase made via the Vendor's merchant site www.joumeatelier.com, hereinafter referred to as “the Site”.
By accepting these General Terms and Conditions of Sale, the Customer agrees to refrain from any purchase for resale, within the meaning of Article L 110-1 of the French Commercial Code.
The Customer must be at least 18 years of age and have the legal capacity or parental authorization to place an order on the Site.
The purchase of a product via the Site implies full acceptance by the Customer of these General Terms and Conditions of Sale. These shall prevail over any other general or special conditions of the Customer.
The Vendor reserves the right to modify these General Terms and Conditions of Sale at any time. It is, however, agreed that the Conditions applicable to the Customer will be those in force at the date of his order on the Site.
ARTICLE 2: SITE
2.1 The site joumeatelier.com (hereinafter the “Site”) is an e-commerce site accessible via the Internet at https://joumeatelier.com/ and is open to all users of this network. It is published and distributed by A&J Studio, SAS with a share capital of 5,000 euros, whose registered office is located at 29 rue Anselme, 93400 Saint-Ouen-sur-Seine, registered with the Bobigny Trade and Companies Register under number 954 170 255.
2.2 The Site offers for sale a variety of scarves and accessories (hereinafter the “Product(s)”) to Internet users browsing the Site (hereinafter the “User(s)”). For the application of the present, it is agreed that the User and A&J Studio will be collectively referred to as the “Parties” and individually referred to as the “Party”, and that the User having validated an order will then be referred to as the “Buyer”. The rights and obligations of the User necessarily apply to the Buyer.
2.3 A&J Studio points out that the Products are exclusively dedicated to the personal use of the Purchaser and this, without any direct relation with the professional activity of this one. A&J Studio reserves the right to refuse execution of the order.
2.4 Any order for a Product offered on the Site implies consultation and express acceptance of the General Terms and Conditions of Sale by ticking the box provided for this purpose before placing any order.
As a reminder, in accordance with the provisions of articles 1316 to 1316-4 of the Civil Code, supplemented by Decree no. 2001-272 of March 30, 2001, taken for the application of article 1316-4 of the Civil Code and relating to electronic signatures, A&J Studio specifies that validation of the order form, as specified in article 5.3 below, constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature.
2.5 The purpose of the General Terms of Sale is to define the rights and obligations of the Parties arising from the online sale of Products offered on the Site.
ARTICLE 3: PRODUCTS
a) Description of Products
3.1 The Products offered by A&J Studio are those which appear on the Site on the day of its consultation by the User and within the limit of available stocks.
3.2 Products are described and presented as accurately as possible. The photographs illustrating the products, in support of the text, do not enter into the contractual field. In this respect, although A&J Studio attempts to represent the Products whose photos are displayed on the Site as faithfully as possible, color variations may occur, in particular due to the technical limitations of color rendering on computer equipment.
b) Product availability
3.3 A&J Studio undertakes to honour orders received only within the limits of available stocks. If one or more Products are not available, A&J Studio undertakes to inform the User as soon as possible. A&J Studio does not incur any responsibility in the event of out-of-stock condition or unavailability of the Products.
3.4 The unavailability of the Product could be notified to the User:
when entering the order, the User will be informed that the desired product is temporarily unavailable
after validation of the order, by means of an e-mail sent to the Buyer by A&J Studio.
3.5 In the hypothesis where the payment would have already been carried out, A&J Studio makes a commitment to contact the services of payment of Paypal and Shopify Payment to subtract from the amount taken on the bank account of the Purchaser the price (s) of the unavailable Product (s).
c) Retention of title
3.6 The Products ordered remain the property of A&J Studio until full payment has been received.
ARTICLE 4: PRICES
4.1 The prices indicated by the Vendor at the time of the order are in Euros.
4.2 The price invoiced to the Buyer is the price indicated on the confirmation of order transmitted by e-mail by A&J Studio.
4.3 A&J Studio reserves the right to modify its prices at any time and without notice. The Products will be invoiced on the basis of the tariffs in force at the time of the recording of the order subject to the availability of the Products. The price in force is the one indicated on the Site, except typographical error for which A&J Studio would not be responsible.
4.4 The price is payable in full and in a single instalment upon validation of the order.
4.5 Any unpaid will give place to the invoicing of a fixed price of 25 euros by incident of payment. The data recorded by the Site constitutes proof of the transactions between A&J Studio and the Buyer. The data recorded by the payment system constitutes proof of the financial transactions. The sale becomes final after acceptance of the transaction by the secure services.
THE ARTICLES REMAIN THE ENTIRE PROPERTY OF A&J Studio UNTIL FULL PAYMENT OF THE PRICE, WHICH THE CUSTOMER ACKNOWLEDGES AND ACCEPTS.
ARTICLE 5: PAYMENT
5.1 It is specified that any payment on the site can be made for France by credit card and Paypal. Payment for purchases on the Site can be made from France or abroad in complete security, 24 hours a day, 7 days a week, by credit card belonging to the following networks: Carte bleue, Visa, Mastercard, American Express and Apple Pay.
5.2 The User will enter his/her card number, the expiry date of the card, the name of the cardholder and the visual cryptogram located on the back of the credit card.
5.3 A&J Studio reserves the right to refuse to honor any order from a User with whom it has a dispute of any nature whatsoever.
5.4 A&J Studio uses the secure Shopify Payment service. The integrity of data exchanged between the Buyer and the secure Shopify Payment platform is protected against attempts at piracy. Confidential data is transmitted encrypted directly to the Shopify Payment server, without ever passing through A&J Studio's servers.
5.5 Shopify Payment is based on the SSL (Secure Socket Layer) encrypted exchange protocol and provides all the assurances necessary for Internet transactions.
5.6 A&J Studio reserves the right to cancel any order that presents a risk of fraudulent credit card use.
ARTICLE 6: ORDERING
a) Navigation within the Site
6.1 The User can browse freely on the Site, without being committed to an order.
b) Placing an order
6.2 To place an order, the User must click on the “Add to basket” button. Each new addition to the basket will be indicated by the appearance of a specific screen.
At any time before validating the order, the User may :
obtain a summary of the Products he has selected and modify his order, by clicking on the “Basket” link;
complete his/her selection of Products and validate the purchase by clicking on “Finalize my order” and validate the purchase process proposed to him/her.
6.4 The User must identify him/herself by accurately filling in the form provided for this purpose, on which he/she will include the information required for identification: first name, surname, e-mail address, password, delivery address and billing address.
6.5 The User is hereby informed and accepts that the entry of his/her login constitutes proof of his/her identity and expresses his/her consent.
c) Final validation of an order
6.6 Final validation of an order
6.7 The User will then be invited to pay for his order by entering his bank details.
d) Order confirmation
6.8 When the Purchaser confirms payment of his/her order, a summary is displayed with the transaction number. This summary is also sent in the form of an order confirmation e-mail.
6.9 A shipment confirmation e-mail is sent to the Buyer on the day the Products are shipped, containing the tracking link for the package.
6.10 In application of the article L. 134-2 of the Code of Consumption, when an order relates to an amount equal or higher than 120 euros, A&J Studio preserves the writing which states the contract concluded between A&J Studio and the Purchaser by electronic way during a time running as from the conclusion of the contract until the date of delivery of the good and for a duration of ten years as from this one (in conformity with the decree 2005-137 of February 16, 2005).
ARTICLE 7: DELIVERY
a) Delivery terms and deadlines
7.1 Products ordered are, at the Buyer's option, delivered to any address anywhere in the world. Deliveries are made to the address indicated by the Customer for this purpose.
7.2 Orders are shipped via La Poste.
7.3 In both cases, the Buyer may check the status of his/her order on the Internet. A&J Studio is committed to making its best efforts so that the order is carried out within a thirty (30) days deadline at most as from the day following that of the validation of the order, except case of absolute necessity aimed at article 9.
7.4 The Products ordered by the Buyer will be delivered to the address indicated by the latter on the order form or left at the post office on which the delivery address mentioned by the Buyer depends, in the event of the absence of the recipient of the Products. In the latter case, the letter carrier will leave a notice in the recipient's letterbox allowing the package to be collected during the post office's working hours, within fifteen (15) days.
7.5 The delivery address must not be a P.O. Box. The information provided by the Buyer when placing an order is binding. In the event of error in the wording of the co-ordinates of the recipient, A&J Studio could not be held responsible for the impossibility of delivering the Product.
7.6 The prices of forwarding are calculated according to the weight of the parcel and the place of destination, according to the scales in force by the postal services. For deliveries outside mainland France, shipping costs are payable regardless of the value of the order. Any re-shipment due to an erroneous delivery address or non-collection with the Postal Services will give rise to the payment of additional charges, after acceptance by the Purchaser. If the Buyer refuses to pay these additional reshipment costs, the order will be cancelled and the price of the order will be refunded to the Buyer's account, less the shipping costs incurred.
For shipments to a third country, including French overseas departments: “the customer will bear the local tax of the country of consumption”.
b) Delivery problems
7.7 Delivery times are available on the Site and may vary depending on the availability of the products ordered.
Delivery times are given in working days and correspond to the average time required to prepare and dispatch the Order within the Territory.
The Vendor undertakes to use its best efforts to deliver the products ordered by the Buyer within the times specified above. However, these delivery times are given as an indication only and any delay shall not give rise to any damages, withholding or cancellation of the order by the Buyer. However, if the products ordered have not been delivered within 7 days of the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Purchaser or the Vendor. The sums paid by the Buyer will then be returned to him without delay, to the exclusion of any compensation or deduction.
The Customer is solely responsible for the non-performance or improper performance of the contract due to a lack of information at the time of the Order (incorrect or incomplete address, name error, etc.).
7.8 The Customer is responsible for checking the condition of the packaging and the Articles upon delivery.
It is the Customer's responsibility to make any reservations and claims he deems necessary, or even to refuse the parcel, if the parcel is obviously damaged on Delivery. Such reservations and claims must be sent to the carrier by registered letter with acknowledgement of receipt within three working days, not including public holidays, following the date of Delivery of the Goods. The Customer must also send a copy of this letter to the Vendor. Failure to lodge a claim within the aforementioned period shall extinguish any action against the carrier in accordance with article L. 133-3 of the French Commercial Code.
The Customer must ensure that the Goods delivered correspond to the Order. In the event of non-conformity of the Goods in kind or in quality to the specifications mentioned in the Delivery note, the Customer must inform the Vendor by e-mail and return the Goods to the address indicated; the return label will be provided by the Vendor.
c) Limitation of liability
7.9 The Products offered comply with current French legislation. A&J Studio shall not be held liable in the event of non-compliance with the legislation of the country where the Products are delivered. It is the Buyer's responsibility to check with the local authorities the possibilities of importing or using the Products ordered.
7.10 Only warranty granted: The Vendor delivers Products in perfect condition when handed over to the carrier. In accordance with article L 217-4 of the French Consumer Code, the Seller is liable for any defects in conformity existing at the time of delivery.
7.11 Duties & Taxes for international shipments:
International orders may be subject to import fees, duties, taxes or other charges imposed by the country of receipt. These charges are established by your country's government in accordance with import and export regulations and will be invoiced by the shipping company we work with. We accept no responsibility for these charges. If a parcel is returned to us because the customer has refused to pay import taxes or customs duties, the refund of the parcel will be partial. It will not include shipping and return costs.
ARTICLE 8: PRODUCT RETURNS: RIGHT OF WITHDRAWAL
8.1 The Buyer has a right of withdrawal for the following reasons:
Non-satisfaction with the Product for any reason whatsoever;
Non-conformity of the Product.
You have 30 days to change your mind and return the item in its original condition, including packaging. Personalized scarves are neither exchangeable nor refundable. You are responsible for return shipping costs.
Please notify us of your return in advance by sending an e-mail to joumeatelier@gmail.com, including your order number.
Then return the parcel by the service of your choice, to the following address:
JOUME Atelier
29 rue Anselme
93400 Saint Ouen
France
The refund will be made within 10 working days from the date the return is received by A&J Studio if all the conditions mentioned in the return procedure are met.
In the event of error of delivery and/or nonconformity any product to be refunded will have to be turned over to A&J Studio as a whole and in its packing of origin.
A&J Studio does not accept packages with postage due. In accordance with article L 216-4 of the French Consumer Code, as the return form does not designate a carrier, any risk linked to the return of the Product is the responsibility of the Buyer. The Seller is not responsible for the loss of the parcel by the postal services.
If the aforementioned conditions are met and if the Buyer has requested a refund for the Product, A&J Studio will refund the Buyer, within ten (10) working days from the date on which the Product is received back by A&J Studio, the sums corresponding to the Product(s) purchased by him/her.
ARTICLE 9: DATA PROTECTION
In the context of these GTC, the Vendor is required to process the personal data provided by the Customer. The data is processed for the following purposes:
Order management and administration
Preparation and dispatch of products
Management of complaints and the withdrawal process
The customer's personal data is processed for all the purposes indicated above, on the basis of the execution of the contract or pre-contractual measures between the Vendor and the customer.
By accepting these GTC, the Customer agrees that the personal data collected may be transferred to the Vendor's partners solely for the purposes set out above. It has been verified beforehand that the Vendor's service providers comply with the obligations imposed by the I&L Regulations. As part of the transfer to the Vendor's service providers, the Customer's data may leave the European Union. All appropriate precautions and guarantees have been taken by the Vendor to ensure a level of protection in line with current European standards.
The Vendor's service providers are :
SHOPIFY
SHOPIFY PAYMENT
PAYPAL
GOOGLE ANALYTICS
Personal data is kept until the purposes for which it was collected have been fulfilled. Once these purposes have been fulfilled, the customer's personal data is deleted, except in the event of a legal obligation on the part of the Vendor to retain it.
In accordance with I&L regulations, customers have the following rights with regard to their personal data:
Right of access, which authorizes the Customer to obtain information concerning his personal data and a copy thereof;
Right of rectification, which entitles the customer to demand that inaccurate personal data be amended accordingly;
Right to erasure (right to oblivion), which authorizes the erasure or deletion of the customer's personal data;
Right to erasure (right to be forgotten), which authorizes the erasure or deletion of the Customer's personal data;
Right to processing limitation, which authorizes the Customer to request limitation of the processing carried out by the Vendor on personal data concerning him or her;
Right to portability (ability to retrieve data on request), which entitles the Customer to obtain an electronic copy or transfer of his or her personal data from the Seller's database to another;
Right to portability (ability to extract data on request), which authorizes the Customer to obtain an electronic copy or transfer of personal data concerning him/her from the Seller's database to another;
Right to portability (ability to extract data on request), which authorizes the Customer to obtain an electronic copy or transfer of personal data concerning him or her from the Vendor's database to another;
To exercise his rights, the Customer must send his request by e-mail to this address: joumeatelier@gmail.com or send a registered letter with acknowledgement of receipt, enclosing a copy of an identity document, to :
A&J Studio
29 rue Anselme
93400 Saint Ouen
FRANCE
The Vendor undertakes to respond to the request of the person concerned within a maximum of one month of receipt. If the said right invoked by the Customer cannot be exercised, the Vendor will inform the Customer of the reasons within a maximum period of one month.
Subject to a breach of the above provisions, the Customer has the right to lodge a complaint with the Commission Nationale Informatique et Libertés (CNIL), the French supervisory authority for personal data.
ARTICLE 10: LIABILITY - FORCE MAJEURE
10.1 A&J Studio has a simple obligation of means for all the stages of access and order on the Site (process of order, delivery, customer service, etc).
10.2 The responsibility for A&J Studio could not be committed for all the disadvantages or damage inherent in the use of Internet network, a rupture of service, an external intrusion or the presence of computer viruses or of any fact qualified as absolute necessity, in accordance with the jurisprudence, of which in particular a strike of the postal services, the shortage of stock at the manufacturer, the destruction or the total loss of stock, the stop of the production of a model of which A&J Studio would not have been informed as well as any other exceptional event.
ARTICLE 11: INTELLECTUAL PROPERTY
All elements of the Site, whether visual or sound, are reserved under copyright and intellectual and artistic property for the whole world. Total or partial reproduction of the Site is strictly forbidden without prior agreement. Failure to comply with this obligation constitutes an infringement of copyright, for which the author may be held civilly and criminally liable. Similarly, any framing or deep-linking technique is strictly prohibited, unless expressly authorized in writing by the Vendor.
The name “JOUME” has been registered as a trademark with INPI. Consequently, any unauthorized reproduction of this trademark by the Customer constitutes an act of counterfeiting liable to criminal and civil prosecution.
The Customer shall therefore refrain from any infringement of the “JOUME” trademark. It is strictly forbidden to use or reproduce the name “JOUME”, in any capacity whatsoever, and on any medium whatsoever, without the prior written consent of the Vendor.
ARTICLE 12: COMMERCIAL OFFERS AND NEWSLETTERS
A&J Studio may send customers commercial offers by post, e-mail, SMS, telephone or via all the web spaces run by A&J Studio or any of its subsidiaries on social networks, subject to prior acceptance.
ARTICLE 13: CONTACT
By post to
JOUME Atelier
29 rue Anselme
93400 St Ouen sur Seine
France
email: joumeatelier@gmail.com
ARTICLE 14: PARTIAL INVALIDITY
If one or more stipulations of these General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
ARTICLE 15: ENTIRE CONTRACT
15.1 These General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entire contractual relationship between the Parties.
15.2 In the event of contradiction between these documents, the General Sales Conditions shall prevail.
ARTICLE 16: APPLICABLE LAW - COMPETENT JURISDICTION
The present General Terms and Conditions of Sale and the contractual relations between the Parties are governed by French law.
LEGAL NOTICE
https://joumeatelier.com/ is published and distributed by :
A&J Studio, SAS with capital of €5,000.
Registered office: 29 rue Anselme, 93400 Saint Ouen, France
Registered with the RCS of Bobigny: 953 170 255
Siret : 953 170 255 00012
NAF code: 4791B
www.joumeatelier.com is hosted by Shopify.
The entire site is the exclusive property of A&J Studio. No reproduction or representation may be made without the prior written consent of A&J Studio. A&J Studio does not guarantee the accuracy or completeness of the information provided on this site, and cannot be held responsible for any errors. If you notice any errors, please report them to: joumeatelier@gmail.com. A&J Studio reserves the right to correct the content of this site at any time and without notice.