Terms of sales

The company JIELDE with a share capital of 123,400 €, registered with the Lyon RCS under the number: 962504494, intra-community VAT number: FR34 962 504 494, (hereinafter “the Seller”) makes available to its Customers via its website www.jielde.com (hereinafter the “Site”) products or services (hereinafter the “Products” or “Services”). It is specified beforehand that these General Terms and Conditions of Sale (hereinafter the “GTC”) exclusively govern the sales of Products or Services on the Site.

CONTACT

Head office: 220 rue Ferdinand Perrier – Parc Origami – 69800 SAINT PRIEST – FRANCE

Telephone number: +33 (0) 4 78 20 10 16

Email: jielde@jielde.com

The Internet user visiting the Site and who is potentially interested in the Products and Services offered, is invited to read these GCS carefully. He or she is invited to print them and/or save them on a durable medium before placing an order on the Site.

The Customer acknowledges having read the GCS and accepts them in full and without reservation.

Application of the GCS

The Seller reserves the right to modify the GTC at any time by publishing a new version of them on the Site. The GCS applicable to the Customer are those in force on the day of his order on the Site.

This Site offers the following products for sale online:

Lighting.

Access to the Site is free for all Customers. The Customer declares that he/she has read these GCS and has accepted them by ticking the box provided for this purpose before implementing the online ordering procedure. The fact of ticking this box will be deemed to have the same value as a handwritten signature on the part of the Customer.

 

Acceptance of these GCS assumes on the part of the Customers that they have the legal capacity to do so. If the Client is a minor or does not have this legal capacity, he declares that he has the authorisation of a tutor, curator or his legal representative.

The Customer acknowledges the evidentiary value of the Seller’s automatic registration systems and, unless it provides proof to the contrary, it waives the right to contest them in the event of a dispute.

Article 1 – Price and terms of payment

1.1 – Pricing

The prices of the Products and/or Services are indicated in euros including all taxes (VAT + other taxes and notably eco-participation…) excluding participation in shipping costs.

 

JIELDE reserves the right to modify its prices at any time and to pass on, if applicable, any change in the VAT rate in force to the price of the Products or Services offered on the Site. However, the products will be invoiced on the basis of the rates in force at the time of order validation. The prices displayed do not include the contribution to shipping costs.

In the event of an order to a country other than metropolitan France, the Customer is deemed to be the importer of the product(s) concerned. For all products shipped outside the European Union and DROM-COM, the price shall be calculated excluding tax automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. These duties and sums are not the responsibility of JIELDE. They will be borne by the Customer and are his sole responsibility, both in terms of declarations and payments to the competent authorities and/or organisations of the country concerned. The Customer is advised to enquire about these aspects with his local authorities.

 

Article 2 – Orders and customer account

2.1 – Customer account

In order to place an order, the Customer is invited to create an account (personal space).

The Customer must register by filling in the form provided when creating the account, and undertakes to provide true and accurate information concerning his civil status and contact details, in particular his email address. The Customer may modify this information at any time by logging into his account. He or she is responsible for updating the information provided.

To access his personal space and order history, the Customer must identify himself using his email address and password, which are strictly personal. In this respect, the Customer shall refrain from disclosing this information. Otherwise, he will remain solely responsible for the use made of it.

The Customer may request to unsubscribe at any time by going to the dedicated page or by sending an email to jielde@jielde.com. This will be done within a reasonable period of time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the JIELDE website will have the possibility of suspending or even closing a customer’s account after formal notice has been sent electronically and has remained without effect.

Any deletion of the account, for whatever reason, will result in the pure and simple deletion of all personal information.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller.

2.2 – Terms of payment

The Customer may place an order on this Site and may pay by :

– credit card

-Bank transfer

No data relating to the Client’s means of payment is collected by the Site. Payment is made directly to the bank receiving the Client’s payment. In the case of payment by bank transfer, the delivery periods defined in the “Delivery” article of these GCS only begin to run from the date of actual receipt of payment by the Seller, who may provide proof of this by any means.

Order forms and invoices will be archived on a reliable and durable medium constituting a true copy. The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

2.3 – Orders

The Customer can place an order on :

– On the Internet: www.jielde.com

The contractual information is presented in French and English and will be the subject of a confirmation containing this contractual information at the latest at the time of your order validation.

 

2.4 – Payment terms

The price is payable cash, in full, on the day of the order.

Article 3 – Validation of the order

The Customer declares that he has read and accepted these General Terms and Conditions of Sale before placing his order. The validation of his order therefore implies acceptance of these General Terms and Conditions of Sale.

 

Article 4 – Availability

The availability of the Products is indicated on the Site, in the description sheet of each Product. In the event of unavailability of a Product after the order has been placed, the Customer will be informed. The order will be automatically cancelled and no bank debit will be made.

 

Article 5 – Delivery

5.1 – General

The products are delivered to the delivery address that the Customer will indicate during the order process, unless delivery restrictions are indicated on the order validation page by the Customer.

 

The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world. In the event of delivery of a Product outside the territory of the European Union and in the DROM-COMs, the Customer declares himself to be the importer of the Product and accepts that in such a case, the Seller may be materially unable to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of sixty (60) days after the conclusion of the contract with a Consumer Customer.

5.2 – Delivery times

The delivery time is

l

to the shipping time indicated on the Article sheet, to which is added

l

the processing and delivery time.

In the event of delivery by a carrier requiring an appointment to be made with the Customer, the latter will contact the Customer as soon as possible to arrange a delivery appointment, 60 days at the latest from the date of your order validation. JIELDE cannot be held responsible for late delivery due exclusively to the unavailability of the Customer after several appointments have been proposed by the carrier.

In the event of orders for several products at the same time and with different delivery times, the delivery time of the order is based on the latest delivery time.

The customer is reminded that at the moment when he (or a third party designated by him) takes physical possession of the products ordered, the risks of loss or damage to the products are transferred to him.

Article 6 – Errors and delays in delivery

If the Customer’s package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask the Customer what to do with the order. If the Customer has mistakenly refused the package, the Customer may request that it be returned by first paying the shipping costs for the new shipment.

In the event of a delivery or exchange error, any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false manoeuvre by the Customer cannot be attributed to the Seller.

In the event of a delay in dispatch, an e-mail will be sent to the Customer to inform him of any possible consequences on the delivery.

In the event of a delay in delivery, a new delivery date will be proposed.

Any delay in delivery in relation to the date or time indicated to the Consumer Customer when placing the order or, if no date or time is indicated when placing the order, more than sixty (60) days from the conclusion of the contract may result in the cancellation of the sale at the Consumer Customer’s initiative under the conditions provided for in articles L 216-2, L 216-3 and L241-1 of the French Consumer Code. The request must be made in writing by the Consumer Customer, sent by registered letter with acknowledgement of receipt if, after having instructed the Seller to make delivery, the Consumer Customer has not done so. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, for the totality of the sums paid. This clause is not applicable if the delay in delivery is due to a case of force majeure.

Article 7 – Acceptance

In the event of reservations about the product delivered (for example: damaged package, already opened, etc.), the Customer must immediately notify the carrier and JIELDE. The Customer may refuse a parcel at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged parcel, broken Products…); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer’s signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the Customer fails to comply with these provisions, the Customer may not exercise his right of refusal, and the Seller shall not be required to accede to the Customer’s request to exercise his right of refusal.

 

Article 8 – Transfer of ownership – Transfer of risks

Acceptance of the order form by the Seller automatically results in the transfer of ownership of the Products ordered. Acceptance of the order form by the Seller automatically entails the transfer of risks on the Products ordered.

Article 9 – Right of withdrawal

9.1 – Legal time limit for the right of withdrawal

In accordance with the legal provisions in force (article L.221-18 of the French Consumer Code), the Customer has a period of 14 days from the date the order is placed to exercise his right of withdrawal without having to justify his reasons or pay any penalty.

9.2 – Withdrawal procedures

In the event of exercising the right of withdrawal within the period referred to above, only the price of the product(s) purchased and the shipping costs will be refunded, with the cost of returning the product(s) remaining at the Customer’s expense.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed as new. In the event of depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product, the Customer may be held liable. It is understood that the Customer shall bear the costs of returning the Product in the event of retraction. If the previous obligations are not carried out, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.

In order to exercise his right of withdrawal, in accordance with the legal provisions, the Customer may find attached hereto in Annex 2 the standard withdrawal form to be sent to JIELDE at the following address JIELDE 220 RUE FERDINAND PERRIER 69800 SAINT PRIEST. Once the withdrawal form or declaration of withdrawal has been sent to JIELDE within 14 days of receipt of the order at the latest, the Customer must return the product(s) concerned to JIELDE within a reasonable period of time and, at the latest, within 14 days of sending the form or declaration of withdrawal to JIELDE.

The request must mention the order concerned by this withdrawal.

The Customer may exercise his right of withdrawal by any means of communication.

In the event of exercising the right of withdrawal, JIELDE will refund the sums paid within 14 days at the latest from the date on which JIELDE is informed of the Customer’s decision to withdraw and using the same means of payment as that used for the order (unless the Customer expressly agrees to a refund using another means of payment).

 This refund date may be postponed until receipt of the product or until the Customer has provided proof of the dispatch of the product. The Seller is not obliged to reimburse additional costs in the event of the choice of a more expensive delivery method than the standard delivery method offered on the Site.

Article 10 – Guarantees

10.1 – Product conformity

In accordance with the provisions of the legal guarantees of conformity and hidden defects (referred to in the box below and the texts of which are specified in Annex 1 of these conditions), JIELDE will reimburse or exchange products which are apparently defective or which do not correspond to the Customer’s order. The Customer must then contact the Seller as soon as possible.

The products must be returned in the condition in which the Customer received them, with all the elements (accessories, instructions, etc.) in packaging that allows them to be transported in good condition. The shipping costs will be reimbursed on the basis of the invoiced price and the return costs will be reimbursed on presentation of supporting documents.

It is reminded that within the framework of the legal guarantee of conformity, the consumer :

 

l

has a period of two years from the date of delivery of the property to take action against the seller;

l

may choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code ;

l

shall be exempt from furnishing proof of the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to 24 months from 18 March 2016, except for second-hand goods.

The legal guarantee of conformity applies independently of any commercial guarantee that may cover your goods. You are reminded that the consumer may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code and that in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.

 

The provisions of this Article do not prevent the customer from benefiting from the right of withdrawal provided for in this Article.

 

10.2 – Satisfied or reimbursed

The Seller offers the Customer the possibility to cancel if he is not satisfied with his order without having to give reasons for his decision. The Customer has 7 (SEVEN) days to send the Seller his decision by registered letter. The Seller will reimburse all sums paid by the Customer in respect of his order.

Article 11 – Liability

The Seller’s liability can only be engaged in the event of gross negligence, intentional or wilful misconduct. In all other cases, the Seller’s liability can never be sought or engaged by Customers.

 

The products offered comply with current French legislation. JIELDE cannot be held liable in the event of non-compliance with the legislation of the country where the product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the products or services he intends to order.

Article 12 – Intellectual property

All texts, comments, works, illustrations, works and images reproduced or represented on the JIELDE Website are strictly reserved under copyright and intellectual property law and for the entire world. As such and in accordance with the provisions of the intellectual property code, only private use subject to different or even more restrictive provisions of the intellectual property code is authorised. Any total or partial reproduction or representation of the Site or of all or part of the elements on the Site is strictly forbidden.

Article 13 – Applicable law – Disputes – Processing of complaints – Mediation

Applicable law: This contract is subject to French law. The language of this contract is the French language. In the event of a dispute, the French courts will have sole jurisdiction.

Treatment of the complaints: For any complaint you can contact the customer service at the contact details mentioned in the preamble of the present conditions.

Attribution of jurisdiction:

In the event of any difficulty arising in connection with the order or delivery of items sold on the Site, the Customer shall first contact JIELDE to seek an amicable solution. The Customer has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method.

In the event of a dispute, in accordance with Regulation No. 44/2001 of 22 December 2000:

– The Customer may bring the matter before either the court of the place where he is domiciled or the French courts,

– JIELDE may bring an action before the courts of the place where the Customer is domiciled.

Mediation of consumer disputes:

In accordance with the provisions of the French Consumer Code concerning the amicable settlement of disputes, the Customer may in any event have recourse to conventional mediation, to existing sectorial mediation bodies or to any alternative dispute settlement method in the event of a dispute. In this case, the appointed mediator is

Medicys

73 boulevard de Clichy, 75009 Paris

01 49 70 15 93

contact@medicys.fr

Online Dispute Resolution Platform:

In accordance with Article 14 of Regulation (EU) n°524/2013, an Online Dispute Resolution Platform has been set up by the European Commission, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform can be accessed at the following link: https://webgate.ec.europa.eu/odr/

 

Article 14 – Personal data

The nominative information and personal data concerning the Customer are necessary for the management of his order and for commercial relations. They may be transmitted to companies that contribute to these relations such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations and to enable JIELDE to improve and personalise the services offered and the information provided.

In accordance with the French Data Protection Act of 6 January 1978, the Customer has the right to access, rectify and oppose any personal data concerning him/her. All he has to do is write online to Customer Service or by post to JIELDE 220 RUE FERDINAND PERRIER – 69800 SAINT PRIEST, indicating surname, first name, email address. In accordance with the regulations in force, the request must be signed and accompanied by a photocopy of an identity document bearing the signature of the Client and specify the address to which the reply should be sent. A reply will then be sent to him/her within 2 months following receipt of the request.

The Site makes use of cookies. The purpose of the cookie is to signal the Client’s visit to the Site.

 

 

Appendix 1

Article L. 217-4 Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any defects in conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility.

Article L. 217-5 Consumer Code

The property is in conformity with the contract:

1.

If it is fit for the use normally expected of a similar good and, where appropriate :

l

– if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

l

– if it has the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or his representative, in particular in advertising or labelling ;

3.

Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the latter.

Article L217-12 Consumer Code

The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L. 217-16 of the French Consumer Code:

When the buyer asks the seller, during the course of the commercial guarantee granted to him when acquiring or repairing a movable item, to repair the item covered by the guarantee, any period of immobilisation of at least seven days shall be added to the remaining duration of the guarantee. This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.

Article 1641 Civil Code

The seller is bound by the guarantee on account of 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 only have paid a lower price for it, if he had known about them.

Article 1648 paragraph 1 Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.

 

Annex 2 – Form for withdrawal

If you wish to withdraw from your order placed with JIELDE, please complete and return this form – unless the right of withdrawal is excluded or limited in accordance with the applicable General Terms and Conditions of Sale.

For the attention of JIELDE 220 RUE FERDINAND PERRIER – 69800 SAINT PRIEST

I hereby notify you of my withdrawal from the contract for the sale of the good / for the presentation of service(*) below:

Ordered on …………………………………….. / Received on ……………………………………………………………….. (*)

Order number: ……………………………………………………………………..

Name of consumer(s): ………………………………………………………………..

Address of the consumer(s): ………………………………………………………………..

Signature of the consumer(s) (only in case of notification of this form on paper):

 

 

Date: ………………………………………………………………..

 

 

 

(*) Delete as appropriate

 

 

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