Conditions of sale
1.ACCEPTANCE OF TERMS
1.1. The client, as identify in the following article 3, acknowledge having read the all terms stated below during the all purchasing order done to the company as identify in the article 2 (below “Jean-Michel Duriez Paris”) on its website available at the following address www.jeanmichelduriez.com and accepted expressly and without reservation the prior Conditions of Sales. This COS establish a contract between the customer and Jean-Michel Duriez Paris.
1.2. The fact of ticking the box of the website: “I have read and accept the General Conditions of Sale” means the customer confirmed having accepted without reservation the prior COS.
1.3. The presents conditions may be modified at any time by Jean-Michel Duriez Paris. It belongs to the customer to be aware, before proceeding to a purchase, to all conditions defined, the COS applicable are the ones in vigour during the finalization of the order in the conditions aim for in the article 5.
Date of update : July 2017
2.IDENTIFICATION OF THE COMPANY AND ITS CONTACT
ODEON PARIS S.A.S.
Trade name : JEAN-MICHEL DURIEZ PARIS
French Simplified Joint Stock Company of 40.000 €
Registred in RCS of PARIS under the number 820 591 345
Headquarter : 3, rue Saint Ambroise – 75011 Paris
Contact: email@example.com for any suggestion or information regarding the web site.
3.1. The present COS defined the terms and conditions according to which all person (after “the customer”) order and purchase these items (after “the items”) sold on the website by Jean-Michel Duriez Paris, in the frame of a distance selling system on the Internet for merchandises offered on the website.
3.2. To order, the customer must be:
rather a corporation, in which case the person who engaged in the name of the corporation must be duly empowered to represent this latter.
rather a physical person, major capable or minor emancipated.
Otherwise, a litigation in process must not exist between Jean-Michel Duriez Paris and the customer, especially relative during the payment of a prior order.
3.3. The orders passed on the website are reserved to “final purchasers” other than for their resale or their distribution in any may it might be, these exercises being forbidden without the express and prior agreement of Jean-Michel Duriez Paris.
3.4. Jean-Michel Duriez Paris reserves the right to suspend or refuse any order that does not meet with the conditions referred to the COS and especially the present article 3 where, if applicable, asking the immediate restitution at the customer’s expanse of the items that would have been delivered.
4. FEATURES OF THE OFFERED ITEMS
The articles offered to the customers are the ones presented on the website, in the limit of the stock’s availability and under reservation of the good operation of the web site.
Each article is presented with a photography and a descriptive established by Jean-Michel Duriez Paris. As such, Jean-Michel Duriez Paris does its best efforts to present and describe its articles in the most faithful way.
The photography, the texts and all others descriptions of the articles may however not report of their true aspect or consistency. Therefore, these descriptive cannot, in any way, engaged the responsibility of Jean-Michel Duriez Paris, the customer is invited to contact Jean-Michel Duriez Paris for every ask of complementary information or to exercise his rights that belongs to him as aim in the articl 9 of the present COS.
5. ORDER TAKING AND CONFIRMATION
5.1. To be able to drive an order, the customer must inquire the information allowing to Jean-Michel Duriez Paris to treat the order, knowing: name, first name, e-mail address, information of delivery. The customer engaged himself in filing the constitutive element of its order with rigor and precision. As such, he engaged himself to inquire fully the different necessary headings to allow a good treatment of its order.
5.2. By ordering on the website, the orders will be treated as following: The customer chooses the items he desires order by clicking on the button “add to basket”. The customer is then invited rather to pursue his purchase and add others articles to his basket (under reservation of the limit of the availability and of the quantity) rather to finalize his order and proceed to the payment by clicking on the button “proceed to check out”. At any time, the customer can modify his basket by delating one or several articles selected by clicking on “remove this item” next to the item concerned.
5.3. The customer is informed that he has, at any time of the order’s process and until the effective payment, the possibility of coming back on this order, to complete it, to modify it, to cancel it, and this until he will not have validated it definitively.
5.4. The maximum amount of each order by a customer (same name, same address) will not exceed the amount of two thousand euros (2000€) all taxes included (apart from the delivery fee if applicable). The customer is invited to take contact with Jean-Michel Duriez Paris for any order above the maximum amount.
6.1. The prices indicated on the purchase order and invoice are in euros all tax included.
6.2. The probable delivery fees susceptible of being apply will be charge in addition to the price of the articles. Tariffs of delivery depends on the geographical zone, the weight and the volume of the package.
7.1. All the orders are payable in euros. The settlement of the items is done by credit card CB, Visa, MasterCard, American Express and PayPal by registering the information asked. The flow of the credit card or PayPal account registered will only happen when the banking data or the PayPal account will have been checked and the authorization of the flow of the credit card or the PayPal account will have been received. The payment is done through a secure platform, the data linked with the order are subject to an automate treatment of data via the payment platform.
This automate treatment of data has for aim to define a level of analysis of a transaction and to struggle against the bank card fraud.
7.2. To be registered, the order must be paid fully. The non-paid orders cannot be treated.
7.3. The items’ price is indicated in euros, all tax included. Jean-Michel Duriez Paris reserves to himself the right of modifying at any time and without prior notice the items’ prices on the website. The items are charge on the basis of tariffs shwed on the website at the moment of the offer’s validation, under reservation of the availability of the concerned items.
Jean-Michel Duriez Paris reserves to itself the right to check that the person whose bank account is debited is really the one who passed the ordered. This check may take the shape of a demand to the customer to justify his identity and/or of a proof of addressof the customer and/or of bank files (bank account identity).
In case of refusal of payment by the bank of the customer or in case of no answer from the customer to such a demand in the conditions scooped in the present article in a deadline of two (2) days following the demand of Jean-Michel Duriez Paris, the order will be automatically cancelled without being able to look for the responsibility of Jean-Michel Duriez Paris
7.4. The invoice of the order is addressed by Jean-Michel Duriez Paris to the customer during the sending of the items.
8.1. Jean-Michel Duriez Paris preserves the purchase orders and the invoices in its computer system and in the right conditions of security. These computerized registers are a reliable and durable support that may be use as a proof. In the aim of make easier the exchange, the customer accepts that the computerized system and files of Jean-Michel Duriez Paris make faith between both except bring of the contrary proof from his side with a value at least equal.
8.2. Consequently, the computerized files and registers stocked within the computer system exploited by Jean-Michel Duriez Paris or for its own account in the right conditions of security and reliability, may be rightly use and product as a proof of the execution of the present COS, and more generally of all events, communications or relations happened between the parties in connection with the use of the website.
Thus, Jean-Michel Duriez Paris could validly product in the frame of all process, in the aim of proof of all acts, done or omission, the data, files, programs, records or others elements, received, issued or kept thanks to computerized system aforementioned, on all digital or analogic supports, and to rely on it unless manifest error
9. WARRANTY AND RETRACTATION
9.1. Jean-Michel Duriez Paris warranties that its items are congruent in use waited from them, and don’t show defaults or hidden vices making them dangerous or unfit to their normal use.
9.2. Legal warranty: The customer benefits of legal warranty, and especially the warranty of conformity in the provided conditions linked from the articles L.217-4 to L217-14 of the consumption Code and of the warranty of defaults of the items sold in the condition provided in the articles 1641 to 1648 of the Civil Code.
Article L.217-4 of the comsumption Code: “The seller is obliged to deliver an item congruent with the contract and answer to the defaults of conformity existing during the delivery. He also answers to the conformity defaults resulting from the packaging, from the installations or installations structures when this one has been charge by the contract or has been realize under its responsibility.”
Article L.217-5 of the consumption code:
” To be compliant to the contract, the item must be:
1° Ready to use habitually waited from a similar good and, if applicable:
– corresponding to the description given by the seller and owned the qualities that this one has presented to the buyer under the shape of a sample or model; – present the qualities that a buyer can legitimately wait concerning the publics declarations done by the seller, by the producer or by its representative, especially in the advertising or the labelling; 2° Or present the characteristics defined by a agreement between the parties or be ready to every specifics use looked for by the buyer, brought to the knowledge of the seller and accepted by the latter”
Article L217-12 of the comsumption code:
“The act resulting from the defaults of conformity is prescribed by two years starting from the delivery of the item.”
Article 1641 of Civil code:
“The seller is obliged of the warranty because of hidden defaults of the items sold that make it unready to use to which it was destined, or decrease so much this use that the buyer would not have bought it, or would have given to it a smaller price, if he knew it”
Article 1648 paragraph 1 of the Civil Code:
” The act resulting of crippling vices must be taken to court by the buyer in a deadline of two days starting from the discovery of the vice.”
9.3. Right of retraction: In application of the article L221-18of the Code of the consumption, the customer has a deadline of fourteen (14) days open starting from the date of receipt of your order to return it to our charge the or several items bought, without having the need to justify any reason. The customer will be refund in the conditions defined in the article 9.4.
9.4. In any case: the items must be obligatory send back fully in a perfect state and in their original packaging accompanied with the invoice and a letter send at the following address: Laboratoire Cofane, 41 Rue de Dampmart – 77400 Thorigny-sur-Marne.
To be refund, the customer must obligatory send back the items in their original packaging and without having use it, in a state allowing their re-commercialization as a new product. All opening of the packaging or its use will value as a waiver of the customer of its right of retraction.
Jean-Michel Duriez Paris engages itself to refun the customer in the totallity of the amount paid except the delivery fees of the return. The refund is done in the same way than the payment of the order, in a maximum deadline of thirty (30) days after the exercise of the right of retraction of the customer, under reservation of the respect of the conditions above mentioned.
10. SOLD OUT
10.1. The items sold on the website are offered in the limit of stock availability. An item that became unavailable will be, as soon as possible, withdrawn of the catalogue of items available on the website.
10.2. However, in case of sold out, Jean-Michel Duriez Paris will contact the customer by phone or e-mail in the best time in the aim of agree with the customer to defer the delivery waiting the replenishment of this item, once it is possible or to replace the item by another item of the same price.
11. INTELLECTUAL PROPERTY
The website, all software used by the website, and the data constituent of the website and his content whatever its nature (text, photography, image, sound, graphic element…) (hereafter the “Property”) can be protected in the frame of intellectual property.
In consequence, it is forbidden to copy, modify, integrate the Property on any support it might be, to do inverse engineering or to use any other methods to attempt to the source code and/or to the protocol of Property.
It is also forbidden to sell, yield, license, sub-license, transfer, warranty, transmit in any way the Property. It is recalled that the all distinct signs and especially the brand and logo, is and dwell the property of Jean-Michel Duriez Paris or the one of the holder of the right of intellectual property concerned. Recognition these exclusive rights on these signs, the customer is forbidden to do any other use than the one linked to the consultation of the website and to bring his right of intellectual property or to those who are holders of the concerned rights.
All use of the Property others than the on linked to the consultation of the website is strictly forbidden without express agreement, written and prior of the holders of the concerned right.
12. FORCE MAJEURE
In case of force majeure, the execution of the obligations incumbent to the victim party of this event will be suspended during its duration, starting from the date of receiving the notification by registered letter with acknowledgement of receipt.
We understand, by case of force majeure, the cases defined by the jurisprudence of French jurisdictions.
The party invoking the force majeure, will, as soon as possible, informs the other party by registered letter with acknowledgement of receipt detailing in an exhaustive way the force majeure case invoked and by evaluating the duration of this one.
If a case of force majeure, notified to the other party in the defined conditions on the present article, suit during a period of more than thirty (30) days, every party is in this case, in its full right end the contract by addressing to the other party, and this to every moment, a written notification at this effect.
It is expressly agreed that a cancelation do not open any indemnity for the customer.
13.1 Considering the technical computerizing and telecommunication constraints of the website’s use, the responsibility of Jean-Michel Duriez Paris cannot be engaged in case of damage due to a dysfunction, that cannot be attributable to Jean-Michel Duriez Paris, of one or several access steps of the Website, of the order process, payment process, delivery process due to the disadvantage inherent to the use of the internet network, as a disruption of service, intrusions or malware presence.
13.2 The responsibility of Jean-Michel Duriez Paris cannot be engaged in the hypothesis where the non-execution or the bad one of the obligations of Jean-Michel Duriez Paris would be due or to a choice and/or to the behaviour of the customer, or due to the fact, unpredictable and insurmountable, of a third party linked to the contract (especially the providers charged of the delivery of the items), or due to a case of force majeure.
13.3. Jean-Michel Duriez Paris offers to his customers well-known items in conformity with the French legislation in vigour. It is incumbent to the customer to check with the local authorities the possibilities of importing or using the items that the customer consider to order. Jean-Michel Duriez Paris cannot be hold as responsible in case of non-respect of the country legislation in which the items are delivered.
14. INTEGRALITY AND VALIDITY OF THE GENERAL CONDITIONS
The COS and the order compose a contractual set that is the all conventions intervened between the parties. The others information is especially on the website as indicative data.
The fact that Jean-Michel Duriez Paris does not at any time avail itself of any of the provisions of these Terms and Conditions shall not be interpreted by the Client as a waiver of any of the provisions hereof COS.
If one or several dispositions of the COS came to be declared null in all or in part, the others dispositions would however stay applicable in their all.
15. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
The present COS are submitted to the French right.
For the settlement of disputes arising about the interpretation, application, execution or non-execution, termination of COS and orders, only the French Courts shall have jurisdiction.