CGV/CGU
General terms and conditions of sale
Writen on 23/03/2023
Preamble
These general terms and conditions of sale and use govern the contractual relations between: JMDA, SASU, registered with the RCS of Paris under number 921 763 678, hereinafter referred to as "the Seller", and any natural or legal person who places an order on the Seller's website, hereinafter referred to as "the Buyer".
These general terms and conditions of sale apply to the online sale of products and services offered by the Seller. These general terms and conditions of sale detail all the obligations of the parties.
The Buyer is deemed to accept them without reservation. The Seller and the Buyer agree that these general terms and conditions of sale exclusively govern their relationship. The Seller reserves the right to modify the general terms and conditions of sale, subject to prior notification to the Buyer.
These general terms and conditions of sale will be applicable from their publication online. These general terms and conditions of sale apply to any order or use of the service by the Buyer on the website www.arlettehome.com hereinafter referred to as "the Site".
Article 1 - Object
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the online sale of products and services offered by the Seller to the Buyer. Any order placed online constitutes full and complete acceptance of these general terms and conditions of sale and use.
Article 2 - Information on products and services
The products and services governed by these general terms and conditions are those listed on the Seller's website and indicated as sold and delivered by the Seller. The products and services are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred in this presentation, the Seller's liability could not be engaged.
The Seller cannot be held responsible for any problems related to or arising from the use of the products sold on the website www.arlettehome.com. The Seller reserves the right to withdraw products or services from sale at any time.
Article 3 - Ordering
The buyer has the possibility to place his order online, from the website. The Buyer must choose the offer that suits him and then click on the order button. Any order constitutes acceptance of the prices, descriptions of the services available for sale as well as these general terms and conditions of sale. In certain cases, notably default of payment, incorrect address or other problem on the Buyer's account, the Seller reserves the right to block the Buyer's order until the problem is resolved. For any question regarding the follow-up of an order, the Buyer must contact the Seller by email at the following address: hello@arlettehome.com
The Seller cannot be held responsible for any problems related to or arising from the use of the products sold on the website www.arlettehome.com
The Seller reserves the right to withdraw products or services from sale at any time.
Article 4 - Prices and payment
The Seller reserves the right to modify its prices at any time, but undertakes to apply the rates in force indicated at the time of the order. Prices include VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the price of the products in the online shop.
Payment of the full price must be made at the time of ordering.
At no time may the sums paid be considered as down payments or installments. If one or more taxes or contributions, in particular environmental ones, were to be created or modified, whether upwards or downwards, this change could be reflected in the selling price of the products.
Article 5 - Method of payment
The Buyer places an order online. Payment is due on the date of the order. After clicking on the offer of his choice, the Buyer must pay for his order. The security of the Buyer is guaranteed by the online payment service.
After this step, the order is subject to final validation. The online provision of the Buyer's banking details and the final validation of the order shall constitute proof of the Buyer's agreement.
The Buyer guarantees the Seller that he has the necessary authorizations to use the payment method chosen by him, when validating the order form. The Seller reserves the right to suspend any order management and any delivery in particular in the event of refusal of authorization of payment by credit card from officially accredited organizations or in the event of non-payment. The Seller reserves in particular the right to refuse to make a delivery or to honor an order from a Buyer who has not fully or partially paid a previous order or with whom a payment dispute is being administered.
Article 6 - Proof of payment agreement
Payment of the order via the payment service will constitute proof of the Buyer's agreement and will constitute:
- the requirement to pay the sums due under the order form,
- signature and express acceptance of all operations carried out.
In the event of fraudulent use of his bank card, the Buyer is invited, as soon as this use is noted, to contact the Seller by email at the following address: hello@arlettehome.com
Article 7 - Confirmation and order tracking
Contractual information will be confirmed by email to the email address provided by the Buyer on the order form.
Orders are only final when they have been confirmed by payment of the price by the Buyer.
Article 8 - Proof of transaction
The computerized registers, kept in the computer systems of the Seller under reasonable security conditions, shall be considered as proof of communications, orders and payments between the parties. The archiving of purchase orders and invoices is carried out on a reliable and durable medium which can be produced as proof.
Article 9 - Delivery and receipt
Products purchased on the Site will be delivered by default to the billing address indicated by the Buyer. If the Buyer distinguishes his billing address from his delivery address then the order will be delivered to his delivery address.
In case of partial availability of the products, orders may be split.
The Buyer will therefore receive the available products first at the time of payment, then the following products as soon as they are available again. A split order will not increase the price of the initially paid shipping costs.
The correct indication of the delivery information provided by the buyer is necessary for the proper progress of the delivery and receipt of the order. The Buyer's telephone number allows the driver to contact him if necessary. The Buyer's email address allows him to obtain information regarding the tracking of the package.
The Seller cannot in any case be held responsible for delivery and receipt problems if the information provided by the Buyer is incorrect.
Article 10 - Return
Returns, particularly in exercising the right of withdrawal (see article 11), are at the expense of the Buyer and must be sent to the sender's address indicated on the delivery label of the parcel and on the invoice. It is strongly recommended that the Buyer contact the Seller before returning his order. Thus, the Buyer and the Seller can agree on the best course of action. The Buyer can contact the seller at the email address: hello@arlettehome.com
The Buyer is required to check the condition of the delivered products. He has a period of 30 days from receipt of the products (and in any event before their modification or installation) to formulate in writing any reservations or complaints for non-conformity or apparent defects of the products delivered, with all supporting documents. After this period and failing to have complied with these formalities, the products will be deemed to be in conformity and free from any apparent defect and no complaint may be validly accepted by the Seller.
Article 11 - Right of withdrawal
The Buyer has a withdrawal period of 14 clear days from the receipt of his order to notify the Seller, without penalty, of his withdrawal and to obtain a refund of the amounts paid. To inform the Seller of his wish to exercise his right of withdrawal, the Buyer must complete and send by email the withdrawal form found at the bottom of this page.
For split orders, the Buyer may exercise his right of withdrawal from the day after receipt of the last ordered product. The Buyer must return the products to the Seller no later than 14 days following the sending of his withdrawal notification. The Buyer must be able to prove to the Seller the proper return of the products to the address indicated in the withdrawal form.
The products must be returned in perfect condition (packaging, accessories, instructions...) allowing them to be resold in new condition and must be accompanied by the invoice corresponding to the purchase. Damaged, soiled or incomplete products will not be refunded. Upon receipt of the physical product, the Seller undertakes to refund the Buyer by any means within 14 days.
Article 12 - Guarantees and after-sales service
Products available for purchase on the Site are not sold with a commercial warranty. Only the legal guarantees, namely the legal guarantee of conformity and the legal guarantee against hidden defects, are provided for by French law.
After-sales service is provided at the email address: hello@arlettehome.com
During contact for a problem related to a product ordered on the Site, the Buyer must describe his problem, how it occurred and accompany his email with photos or videos proving his problem. The Buyer must also attach the invoice related to his order so that the Seller can identify the product causing the problem.
If the problem requires the return of the product, then the shipping costs related to this return will be borne by the Buyer.
For split orders, the Buyer may exercise his right of withdrawal from the day after receipt of the last ordered product. The Buyer must return the products to the Seller no later than 14 days following the sending of his withdrawal notification. The Buyer must be able to prove to the Seller the proper return of the products to the address indicated in the withdrawal form.
The products must be returned in perfect condition (packaging, accessories, instructions...) allowing them to be resold in new condition and must be accompanied by the invoice corresponding to the purchase. Damaged, soiled or incomplete products will not be refunded.
Upon receipt of the physical product, the Seller undertakes to refund the Buyer by any means within 14 days.
Article 13 - Force majeure
Any circumstances beyond the control of the parties preventing the normal performance of their obligations shall be considered as grounds for exemption from the obligations of the parties and shall result in their suspension.
The party invoking the above-mentioned circumstances shall immediately inform the other party of their occurrence, as well as of their disappearance.
Shall be considered as force majeure all irresistible circumstances, external to the parties, unpredictable, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all reasonable efforts. Expressly considered as force majeure or fortuitous events are those usually retained by the jurisprudence of French courts and tribunals: blockade of means of transport or supplies, earthquakes, fires, storms, floods, lightning, interruption of telecommunication networks or difficulties specific to external telecommunication networks to Buyers.
The parties shall come together to examine the impact of the event and agree on the conditions under which the contract will be continued.
Article 14 - Partial non-validation
If one or more stipulations of these general terms and conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations shall retain their full force and scope.
Article 15 - Intellectual property
The content of the Site is the property of the Seller and its partners is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement. Furthermore, the Seller remains the owner of all intellectual property rights on the designs, models, prototypes, etc., made for the provision of services to the Buyer. The Buyer therefore refrains from any reproduction or exploitation of said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Seller which may be conditioned on a financial consideration.
Article 16 - Applicable law
These general terms and conditions are subject to French law for orders to France. This is true for substantive as well as procedural rules. In the event of a dispute or claim, the Buyer shall first contact the Seller to obtain an amicable solution.
If no amicable solution is found, then it is possible to resort to a mediator. Consumer mediation refers to a process of out-of-court settlement of disputes, by which a consumer and a professional attempt to reach an amicable agreement to resolve a dispute that opposes them, with the assistance of a third party, the mediator.
If no amicable solution is found, and if the consumer mediation process has not been successful, then the matter will be brought to court by the competent tribunal.
Legal Notice
JMDA, SASU with a capital of 100€
5 rue Saint-Louis en l'Île 75004 Paris
RCS Paris 921 763 678 – APE 4791B
VAT: FR11921763678
hello@arlettehome.com
Withdrawal Form
The Buyer who wishes to exercise his right of withdrawal (see article 11) must fill out this form and send it by email to the following address: hello@arlettehome.com
For proper processing of the Buyer's request, the subject of the email must be as follows: "Right of withdrawal - Invoice n°………… "
Be sure to indicate your invoice number in the subject of the email.
Text to copy and fill in the body of the email:
To the attention of the company JMDA
5 rue Saint-Louis en l'Île 75004 Paris
I hereby notify you by this text of my right of withdrawal for the products of the order whose information is indicated below:
Order of (date):
Order number (see invoice):
Product(s) returned:
Name and first name of the Buyer:
Buyer's email address:
Buyer's postal address:
Buyer's telephone number (optional):
Additional information that the Buyer wishes to give to the Seller:
Buyer's signature (necessary in case of notification of this form on paper):