Condiciones generales de venta

Article 1 – Entirety

1.1 These general conditions express the entire obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.
1.2 The seller and the buyer agree that these general conditions exclusively govern their relationship. The seller reserves the right to occasionally modify its general conditions. They will be applicable as soon as they are online.
1.3 If a condition of sale is missing, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in France.

Article 2 – Purpose

These general conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods and/or the provision of services offered by the seller.

Article 3 – The order

3.1 The buyer has the possibility to place their order online, from the online catalog and using the form therein.
3.2 For the order to be validated, the buyer must accept, by clicking in the indicated place, these general conditions. They must also choose the address and delivery method, and finally validate the payment method.
3.3 Any order implies acceptance of the prices and descriptions of the products available for sale. Any dispute on this point will occur within the framework of a possible exchange and the warrantiees mentioned below.
3.4 In certain cases, notably non-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.
3.5 In case of unavailability of a product ordered, the buyer will be informed by email.
3.6 The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final.
3.7 For any questions regarding the follow-up of an order, the buyer should call +33 (0) 3 88 58 69 69 (cost of a local call) from Monday to Friday from 8am to 12pm and from 1:30pm to 4:30pm.

Article 4 – Electronic signature

4.1 The online provision or telephone communication of the buyer's credit card number and the final validation of the order will constitute proof of the buyer's agreement in accordance with the provisions of the law of March 13, 2000, and will be: – Payability of the amounts due under the order form, – Express signature and acceptance of all operations performed.

4.2 In case of fraudulent use of the credit card, the buyer is invited, as soon as the use is noticed, to contact +33 (0) 3 88 58 69 69.

Article 5 – Order confirmation

5.1 The seller provides the buyer with an order acknowledgment on a durable medium, including the order or quote number, confirming the express commitment of the parties.

Article 6 – Proof of the transaction

6.1 The computerized records, kept in the seller's computer systems under reasonable security conditions, will be considered as proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as proof.

Article 7 – Product information

7.1 The products governed by these general conditions are those listed on the seller's website and indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
7.2 The photographs of the products are not contractual.

Article 8 – Prices

8.1 The seller reserves the right to modify its prices at any time but agrees to apply the rates in force indicated at the time of the order, subject to availability on that date.
8.2 The prices are indicated in euros. They do not take into account the delivery costs, which are charged in addition, and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order, and any change in the applicable VAT rate will be automatically reflected in the price of the products in the online store. The payment of the total price must be made at the time of the order. At no time can the sums paid be considered as a deposit or installment.
8.3 If one or more taxes or contributions, in particular environmental, are created or modified, upwards or downwards, this change may be reflected in the selling price of the products.

Article 9 – Payment method

9.1 This is an order with an obligation to pay, which means that placing the order implies payment by the buyer.

9.2 To pay for their order, the buyer has, at their choice, all the payment methods made available by the seller and listed on the seller's website. The buyer warranty the seller that they have the necessary authorizations to use the payment method chosen by them, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of payment authorization by credit card from officially accredited organizations or in case of non-payment. The seller particularly reserves 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 in progress. The seller has set up an order verification procedure to ensure that no one uses another person's bank details without their knowledge.
9.3 As part of this verification, the buyer may be asked to send the seller a copy of an identity document and proof of address by fax. The order will only be validated after receipt and verification by the seller of the documents sent.
9.4 The seller cannot receive any payment or consideration from the buyer before the expiration of a period of 7 days from the conclusion of the contract.

Article 10 – Product availability – Refund

10.1 Except in cases of force majeure or during periods of closure of the online store, which will be clearly announced on the homepage of the site, the shipping times will be, within the limits of available stocks, those indicated on the order acknowledgment sent to the buyer. The shipping times start from the date of registration of the order indicated on the order confirmation email.
10.2 In case of non-compliance with the contractual deadlines, the buyer can terminate the contract by registered letter with acknowledgment of receipt, after having requested the seller to perform the delivery or provide the service within an additional reasonable period. However, if they wish, the buyer can immediately terminate the contract if the dates or deadlines seen above constitute an essential condition of the contract for them.
10.3 In this case, when the contract is terminated, the seller is obliged to reimburse the buyer for all amounts paid, no later than 14 days following the date on which the contract was terminated.
10.4 In case of unavailability of the ordered product, the buyer will be informed as soon as possible and will have the option to cancel their order. The buyer will then have the choice to request either a refund of the amounts paid within 30 days at the latest from their payment, or the exchange of the product.

Article 11 – Delivery methods

11.1 Delivery is only made after confirmation of payment by the seller's banking institution.
11.2 The ordered products are delivered by an independent carrier according to the methods specified on the order form. The buyer must be present or represented in order to receive the products.
11.3 The products are delivered to the address indicated by the buyer on the order form, and the buyer must ensure its accuracy. Any product returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense. The buyer can, upon request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
11.4 If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they have been damaged, the buyer must refuse the package and note a reservation on the delivery slip (package refused because opened or damaged).
11.5 The buyer must indicate on the delivery slip and in the form of handwritten reservations accompanied by their signature any anomaly concerning the delivery (damage, missing product compared to the delivery slip, damaged package, broken products, etc.).
11.6 This verification is considered to have been carried out as soon as the buyer, or a person authorized by them, has signed the delivery slip.
11.7 If the products need to be returned to the seller, they must be subject to a return request to the seller within 7 days of delivery. Any claim made outside this period will not be accepted. The return of the product can only be accepted for products in their original state (packaging, accessories, instructions, etc.).

Article 12 – Delivery errors

12.1 The buyer must submit to the seller on the day of delivery or at the latest on the first working day following delivery, any claim of delivery error and/or non-conformity of the products in kind or quality compared to the indications on the order form. Any claim made beyond this period will be rejected.
12.2 The claim can be made, at the buyer's choice: – telephone number: +33 (0) 3 88 58 69 69 – email address: Esta dirección de correo electrónico está siendo protegida contra los robots de spam. Necesita tener JavaScript habilitado para poder verlo.
12.3 Any claim not made in accordance with the rules defined above and within the allotted time will not be taken into account and will release the seller from any responsibility towards the buyer.
12.4 In case of a delivery error or exchange, any product to be exchanged or refunded must be returned to the seller in its entirety to the following address: 1 rue de l'industrie, 67390 ELSENHEIM France.
12.5 The return costs are borne by the seller.

Article 13 – Product Guarantee

13.1 JMEKA, 1 rue de l’industrie, ELSENHEIM, guarantees conformity as provided by articles L. 211-4 and following of the Consumer Code, or defects in the sold goods as per articles 1641 and following of the Civil Code.
13.2 Under the legal warranty of conformity:
The buyer has a period of 2 years from the delivery of the goods to take action.
The buyer may choose between repair or replacement of the goods, subject to the cost conditions provided by article L. 211-9 of the Consumer Code.
The buyer is exempt from proving the existence of the conformity defect of the goods during the 24 months following delivery, except for second-hand goods.
13.3 Additionally:
The legal warranty of conformity applies independently of the commercial warranty mentioned below.
The buyer can choose to implement the warranty against hidden defects of the sold item as per article 1641 of the Civil Code. In this case, they may choose between cancelling the sale or reducing the price in accordance with article 1644 of the Civil Code.
13.4 Sold products are covered by a commercial warranty aiming to ensure their conformity and providing for refund, replacement, or repair of the goods. It does not cover defects resulting from abnormal or incorrect use or from causes external to the intrinsic qualities of the products.
13.5 The above provisions do not exclude the application of the legal warranty of conformity under article L. 211-4 of the Consumer Code and the warranty of defects in the sold goods under articles 1641 and following of the Civil Code. The buyer is expressly informed that the seller is not the producer of all the products presented within the meaning of Law No. 98-389 of 19 May 1998 on liability for defective products.

Article 14 – Right of Withdrawal

14.1 In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of their order to return any item that does not suit them and request an exchange or refund without penalty, except for return costs which remain the responsibility of the buyer.
14.2 Only products returned as a whole, in their original complete and intact packaging, and in perfect condition for resale will be accepted for return. Any product that has been damaged or whose original packaging has been damaged will not be refunded or exchanged.
14.3 This right of withdrawal is excluded for:
Service contracts whose execution began, with the consumer's agreement, before the end of the withdrawal period.
Contracts for goods or services whose price depends on fluctuations in the financial market.
Contracts for goods made to the consumer's specifications or clearly personalized.
Contracts for goods that, by their nature, cannot be returned or are liable to deteriorate or expire rapidly.

Article 15 – Return Procedure – Refund

15.1 After communicating their decision to withdraw, the buyer then has 14 days to return or return the goods using the model withdrawal form below.
15.2 The product must be returned to the seller, intact, not disassembled, and in its original packaging, to the following address: 1 rue de l’industrie, 67390 ELSENHEIM-France.
15.3 This right of withdrawal is exercised without penalty, with the understanding that return costs are borne by the buyer. In the case of an exchange, reshipment will be at the buyer's expense.
15.4 The seller must reimburse the buyer for all sums paid, including delivery costs, without undue delay and no later than 14 days from the date on which they are informed of the consumer's decision to withdraw. However, the seller may defer the refund until receipt of the goods or until the consumer has provided proof of shipment of the goods, whichever is earlier.

Article 16 – Force Majeure

16.1 Any circumstances beyond the parties' control preventing normal performance of their obligations are considered causes for exemption from obligations and lead to their suspension.
16.2 The party invoking the above circumstances must immediately notify the other party of their occurrence and disappearance.
16.3 Considered force majeure are all irresistible, external, unforeseeable, unavoidable circumstances beyond the parties' control that cannot be prevented despite reasonable efforts. Expressly included are events such as transportation or supply blockades, earthquakes, fires, storms, floods, lightning, telecommunications network stoppages, or difficulties specific to external telecommunications networks.
16.4 The parties will come together to assess the impact of the event and agree on conditions for continuing contract execution. If force majeure lasts more than three months, these general conditions may be terminated by the aggrieved party.

Article 17 – Partial Non-Validation

17.1 If one or more provisions of these general terms and conditions are held invalid or declared as such under a law, regulation, or final decision of a competent court, the other provisions will remain fully effective and enforceable.

Article 18 – Non-Waiver

18.1 The fact that one party does not enforce a breach by the other party of any of the obligations in these general terms and conditions shall not be construed for the future as a waiver of the obligation in question.

Article 19 – Title

19.1 In case of difficulty interpreting any of the headings preceding the clauses with any clause, the headings shall be deemed nonexistent.

Article 20 – Applicable Law

20.1 These general terms and conditions are subject to French law, excluding the provisions of the Vienna Convention. This applies to substantive rules as well as procedural rules. In case of dispute or claim, the buyer shall first contact the seller to seek an amicable solution. Failing that, the buyer may initiate proceedings before the court of their choice.


MODEL WITHDRAWAL FORM

To:
JMEKA SARL - 1 rue de l’Industrie 67390 ELSENHEIM-France, Tel: +33 (0)3 88 58 69 69

I hereby notify you of my withdrawal from the contract regarding the sale of the following item: …………………………………………………………………………….
Ordered on: …………………………………………………………
Received on: …………………………………………………………
Consumer’s name: …………………………………………………
Consumer’s address: ……………………………………………..
Consumer’s signature: ……………………………………………
Date: ……………………………………………………………………