Condition of use and sale

Please find below the English version of our condition of use and sale, but please note that only the French version is valid.

Identity
JABOULEY SA
64 Rue Molière

38490 Saint André le Gaz
Tél : +33 (0) 4 74 88 11 44
Fax : +33 (0) 4 74 88 15 79

SIRET 34406637800011
N° TVA FR30344066378

The online store at jabouleydentelle.fr is set up by the company Jabouley SA.

The consumer declares to have full legal capacity allowing him to engage under these general conditions.

 
Scope
These conditions of sale aim to define the contractual relationship between Jabouley SA and the buyer and the conditions applicable to any purchase made through the Jabouley SA merchant site, whether the buyer is professional or private.
The acquisition of a good through this site implies unreserved acceptance by the purchaser of these conditions of sale.
These conditions of sale will prevail over all other general or specific conditions not expressly approved by Jabouley SA.
Jabouley SA reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
These general conditions come into force on the date of validation of the order form.
These general conditions are concluded for the duration necessary for the supply of the goods and services purchased, until the expiry of the guarantees.

 
The products
The company Jabouley SA presents on its website jabouleydentelle.fr the products for sale with the necessary characteristics that allow compliance with Article L 111-1 of the Consumer Code, which provides for the possibility for the potential consumer to know before taking final order the essential characteristics of the products he wishes to buy.
The photographs, texts, graphics, information and characteristics reproduced and illustrating the products presented are not contractual. The information is as accurate as possible but cannot ensure a perfect similarity with the product offered, in particular with regard to colors, feel, thickness, transparency. Consequently, Jabouley SA cannot be held responsible for any error or omission in one of these photographs, texts or graphics, information or product characteristics.
The offers presented by Jabouley SA are only valid while stocks last.
The products are sold with a threshold and in stages of sales units. Each product is cut specifically according to the quantity ordered by the customer.
Unless there is a specific prior agreement, in the event of an order for several lines of the same product, the quantities may be grouped together and may be delivered in a single piece. We are at your disposal to give you a personalized cutting quote.
It is common for the total length ordered to include fittings (seams). These cannot be considered as defects.
Certain ribbons, for technical constraints, are sold with a threshold of 2.60m and then only in multiples of 2.60m (18692L1 / L3 / L5), 18520D, 18600L1, 18391D, 18392D, 18393D, 18421E10) and include fittings every 2.60m.
Other bands are sold in minimum 5.20m and then in multiples of 2.60m (Applies: 18421E4, 18431D) and have fittings every 2.60m.
The customer will have to anticipate a possible shrinkage in the washing, and also consider washing the lace even before making it.

 
Products availability
All the products that can be ordered on the jabouleydentelle.fr site are in stock in our premises. Each item ordered is automatically deducted from stock. As a result, orders are normally shipped within 3 to 5 working days of receipt of payment.
Delivery times are only indicative.
In the event of unavailability of the product ordered following a stock error, or other computer problems, the consumer will be informed as soon as possible and will then have the possibility of requesting either the cancellation of the order and the reimbursement of the sums paid at the end the withdrawal period, ie an exchange of a product of equivalent characteristics and price, if Jabouley SA is able to obtain it. In case of impossibility of exchange, Jabouley SA reserves the right to cancel the customer's order and to refund the sums paid.
 

Prices
The prices are indicated in Euros HT (excluding tax) and are only applicable on the date of validation of the order by the consumer. VAT (Value Added Tax) is added at the end of the order, according to the VAT rate applicable on the day of the order. The prices do not take into account the delivery costs, invoiced in addition, and indicated before the final validation of the order.
For orders for which delivery is requested outside the EEC, the buyer should inquire about taxes or fees when entering their country.
Article L122-1: It is prohibited to refuse a consumer the sale of a product or the provision of a service, except for a legitimate reason (the notion of derisory price characterizes products sold not only at a price lower than their real value. , but also at a very low price (that is to say if the displayed price is derisory, the e-tailer is entitled to cancel the sale), when it appears that the buyer is aware of the error and wants abuse it, in particular targets "manifestly derisory" prices). It is also prohibited to subordinate the sale of a product to the purchase of a prescribed quantity or to the concomitant purchase of another product or of another service as well as to subordinate the provision of a service to that another service or the purchase of a product when this subordination constitutes an unfair commercial practice within the meaning of Article L. 120-1.

 
Orders
The buyer, who wishes to buy a product or a service, must:
- complete his online information form on which he will indicate all the requested contact details;
- complete the online order form giving all the references of the products or services chosen;
-validate his order after having checked it;
- make the payment under the conditions provided;
- confirm his order and payment.
The confirmation of the order implies acceptance of these general conditions of sale, the recognition of having full knowledge of them and the waiver of its own conditions of purchase or other conditions.
All the data provided and the recorded confirmation will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
The seller will communicate by email confirmation of the recorded order.


Order confirmation
Contractual information will be confirmed by e-mail. Some orders may be subject to control by our verification department. In this case, you will be notified by email of the supporting documents to be sent in order to obtain the final validation of your order. Jabouley SA reserves the right to cancel the order in the event of non-receipt of these supporting documents or receipt of documents deemed non-compliant.
Shipping times are calculated from the date of receipt of the payment method.
Jabouley SA recommends that the customer keep the data relating to his order on paper or on reliable computer support. The customer must verify the completeness and conformity of the information he provides to jabouleydentelle.fr. The latter cannot be held responsible for any data entry errors resulting in delays and delivery errors. In this context, all costs incurred for the return will be the responsibility of the customer.

 
Order validation and electronic signature
(Law of 13 March 2000 on electronic signatures)
 
Any purchase order signed by the consumer by the simple click of the button "ORDER AND PAY" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions of sale including the pricing conditions such as "right of withdrawal "and" out of stock ". This acceptance has value between the parties as a handwritten signature.
 

Payment method
To pay for his order, the consumer currently has a single payment method, namely: bank card. Shipping times are calculated from the date of receipt of the payment method.
The consumer guarantees Jabouley SA that he has the necessary authorizations to use the method of payment, when validating the order form. Jabouley SA reserves the right to suspend any order management and any delivery in the event of refusal of authorization of payment by bank card from officially accredited bodies or in the event of non-payment.
The company Jabouley SA reserves the right in particular to refuse to make a delivery or to honor an order from a consumer who has not fully or partially paid a previous order or with whom a payment dispute is in progress. 'administration.
The consumer remains informed that Jabouley SA cannot be held responsible for any embezzlement or fraudulent use of any means of payment which would not have been detected by the verification procedure.
As part of this verification, the customer may be asked to send by email or post to the company Jabouley SA a copy of an identity document as well as proof of address. The order will only be validated after receipt and verification by our services of the parts sent. If these documents are not received within 15 days of the order being placed, the order will be deemed to be automatically canceled.
Jabouley SA retains full and entire ownership of the products sold until full collection of all sums owed by the consumer in connection with his order, including costs and taxes.
The transfer of ownership of goods purchased from Jabouley SA by the consumer to a third party will not be borne by Jabouley SA.
Only the original purchaser of this property can claim access to the clauses of these general conditions of sale.

 
Proof of transaction
The computerized registers, kept in the computer systems of the company Jabouley SA under reasonable security conditions, will 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.


Delivery
The cost of delivery includes the costs of packaging and preparation.
The products are delivered to the address indicated by the consumer on the order form. The customer must verify the completeness and conformity of the information he provides to jabouleydentelle.fr. Jabouley SA cannot be held responsible for any data entry errors that would lead to delays, delivery errors or lost packages, or in the event of a technical problem preventing the sending of tracking information. In this context, all costs incurred for the reshipment of the order will be entirely the responsibility of the customer and no refund will be made in the event of a lost package.
The customer is notified by email upon delivery of the package to the carrier, with a tracking number allowing him to follow the course and progress of the delivery. In the event of an absence or malfunction in the sending of the tracking number, the customer has the option of requesting this information from the seller.
The customer must make every effort to follow the route and delivery thereof within the allotted time. The customer has full responsibility for his package from the moment it leaves the warehouse, for deliveries with or without signature.
The customer must also do everything to ensure the accessibility of his home and / or his mailbox (precise address, legible name, door code, intercom, etc.).
In case of impossibility of delivery, deposit of transit advice note, or reorientation in parcel relay, the customer must do what is necessary to take possession of his parcel before the end of the retention periods.
For postal deliveries (including Colissimo), post information being taken as proof, no complaint will be accepted from the moment the post confirms that the package has been deposited in the recipient's letterbox.
For the parcel relay delivery method, the information made available to the parcel relay is sent by SMS or e-mail by the carrier, the buyer is therefore required to communicate one of these two elements when ordering. Jabouley SA cannot be held responsible for the absence of information on the provision of the package. The buyer is required to inform himself throughout the progress of the delivery of his package.
For hand deliveries, the customer must take responsibility for checking the goods upon receipt and making the necessary reservations for signature in the event of damage to the package by reporting the damage to the packages to the carrier, as well as informing the Jabouley SA company, within two working days.
 
 
Delivery issues related to the carrier
Jabouley SA cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (for example: total or partial strike, in particular of postal services and means of transport and / or communications).
Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of "handwritten reserves", accompanied by the customer's signature, as well as inform the company Jabouley SA, within two working days. No complaint will be accepted without reservation issued directly on the transport voucher signed on the day of receipt.
In the case of a shipment made by La Poste, if the package arrives open or damaged (in particular with the presence of the yellow "La Poste" tape), it is essential that the customer have it established by the postman or the post office of which he depends on a “report of spoliation” (report 170), and to transmit all the documents to the company Jabouley SA, within two working days, so that Jabouley SA can open an investigation.

  
Delivery errors – Non-conforming products
All the products supplied by the seller benefit from the legal guarantee provided for by articles 1641 and following of the Civil Code.
The customer must control the goods upon receipt and has a period of 14 days following receipt to make a complaint by e-mail or contact form.
No complaint will be accepted on goods washed, cut, made, or transformed. To be eligible for all claims, the goods must not have undergone any transformation.
The customer must ensure that his parts will be made with materials from the same delivery.
The consumer must formulate with the company Jabouley SA within 14 days of delivery, any claim of error of delivery and / or non-conformity of products in kind or in quality (defects, error of measurements, missing article , reversal of articles,…) in relation to the indications appearing on the order form.
Any complaint formulated beyond this period will be rejected without possibility of appeal.
The formulation of this complaint with Jabouley SA will be made by email directly or by our contact form. In order to allow the traceability of the complaint, the delivery slip attached to the package must be sent with the complaint.
Any complaint not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release Jabouley SA from any liability towards the consumer.
Any product to be exchanged or reimbursed must be returned under conditions similar to those of dispatch, i.e. in clean and neat packaging guaranteeing the safe transport of the goods to the following address: Jabouley SA, 64 Rue Molière - 38490 Saint André le Gaz - France
within 8 working days of the complaint. To be accepted, any return must first be reported to the Customer Service of Jabouley SA.
In the event of a false declaration and an abusive complaint, Jabouley SA will send a reasoned dispute and refusal of reimbursement email. The merchandise will be kept and returned at the customer's expense at his request.
Failure to comply with the above procedure, no complaint for non-conformity or apparent defect of the delivered products can be accepted.


Right of withdrawal
Jabouley SA draws the Customer's attention to the fact that the right of withdrawal does not apply to the supply of goods packaged according to the consumer's specifications, i.e. cut-to-size Products (any item requiring 'be cut according to the instructions given by the Customer).
Buyers, non-professional natural persons, benefit from a withdrawal period, apart from the conditions provided for in the previous article (concerning delivery errors - non-conforming products), of fourteen days from delivery to inform in writing (email, letter or contact form) the seller of his intention to withdraw, and fourteen additional days to return the goods to the seller for exchange or refund, with the exception of shipping costs which may not under any circumstances, be reimbursed.
The return of the goods must be carried out under conditions similar to those of the sending, that is to say in a clean and neat packaging guaranteeing the transport without risk of the goods. Any damage, deterioration, destruction of returned products, due to poor packaging or conditioning thereof, may result in partial or total withholding of the refund. This right of withdrawal is exercised without penalty, with the exception of return costs which remain the responsibility of the buyer. Goods that have been sent carriage paid (outward postage free) and whose return is accepted will be reimbursed after deduction of outward postage.
Jabouley SA draws the Customer's attention to the fact that the right of withdrawal does not apply to the supply of goods packaged according to the consumer's specifications, i.e. cut-to-size Products (any item requiring 'be cut according to the instructions given by the Customer).
The value of the returned items (with the exception of cut products) will then be reimbursed by re-crediting the bank account (secure transaction) in the event of payment by bank card. With the customer's agreement, the return value may be re-credited in the form of a credit note on the customer's account and will be deducted from the following order (s).


Products photos and visuals
The photos of jabouleydentelle.fr are taken in a studio with lighting and compliant devices. The screens of jabouleydentelle.fr are regularly calibrated. Jabouley SA is not responsible for the display of the colors of Internet users' screens, whatever their quality.

 
No partial validation
If one or more stipulations of these general 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 court, the other stipulations will retain all their force and their scope.
No waiver
The fact that one of the parties does not invoke a breach by the other party of one of the obligations referred to in these general conditions cannot be interpreted for the future as a waiver of the obligation in cause.
Applicable law. Competent court at the place of formation of the contract
French law is applicable without however excluding the application of mandatory legislative rights granted to consumers or of a more protective mandatory law by the foreign judge seized by a consumer of the corresponding country.
In the event of a dispute, the customer is informed that he can resort to conventional mediation or any alternative dispute resolution method. The consumer is also informed of the existence of the platform put online by the European Commission, the purpose of which is to collect any complaints arising from an online purchase from European consumers and then to forward the cases received to the competent national mediators: http://ec.europa.eu/consumers/odr/.
In the event of a dispute or complaint, the consumer will first contact Jabouley SA to obtain an amicable solution.
The non-professional consumer can seize either one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he was living at the time of the conclusion of the contract or the occurrence of the harmful event.

Intellectual property
All texts, comments, works, illustrations and images reproduced on jabouleydentelle.fr reserved under copyright as well as intellectual property and for the whole world. As such and in accordance with the provisions of the Intellectual Property Code, only use for private use is authorized subject to different or even more restrictive provisions of the intellectual property code in whole or in part of the jabouleydentelle.fr site is strictly prohibited. . When ordering a personalized product, the copyright will under no circumstances be transferred to the creation.

Modèles et dessins déposés JABOULEY SA ©
 
Jabouley SA being the owner of its creations guarantees you risks of copies.
  
 
Professional account
The opening of a professional account is reserved for sewing and clothing professionals. It is the INSEE code of the main economic activity of the company which counts (APE code). The account will only be validated if the following double condition is met:
- The account opening request has been submitted on the professional account creation request form.
- The supporting documents requested by email were provided electronically following registration.
After verification, the company will obtain a code that can be used on simple request. This code is personal, it cannot be combined. Failure to comply with these rules results in the cancellation of the order and the professional account without notice and irrevocably.