The general conditions relating to the sale of clothing, accessories and branded merchandise, sold under the JEAN CLAUDE JITROIS brand, are concluded between the JEAN CLAUDE JITROIS S.A. company, registered on the Paris Trade and Companies register as number 334 582 137, whose head office is located at 40 rue du Faubourg St Honoré, 75008 Paris, France, and any person or legal entity - not acting in a professional capacity - hereafter known as "the Client", within the context of a distance selling system.
These conditions only apply to Clients, people and/or legal entities, who are not traders and who are not acting in a professional capacity, in the following territories:
Zone 1: Mainland France and Corsica
Zone 2: Austria; Belgium; Bulgaria; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; Netherlands; Poland; Portugal; Slovakia; Slovenia; Spain; Sweden and United Kingdom. The parties agree that their relations are governed exclusively by this contract, to the exclusion of all other documents.
Order 1.1 The placing of an order is taken as complete and total acceptance of these conditions of sale, which can be accessed at any time on the www.jitrois.com website, and which the client has read when validating his/her order.
1.2 The Client can place his/her order: - online, using the online catalogue on this website, www.jitrois.com - by telephone, by speaking to the Customer Service department on (+33) 1 58 18 38 43 (local call charges apply), from 11am to 7pm Monday to Friday, except public holidays.
Placing an order signifies acceptance of the price and the description of the products available for sale.
1.3 In the case of online sales via the www.jitrois.com website, the "click" involved in the authentication process and message integrity protection serves as a signature and as express acceptance of all operations carried out on the site.
In the case of telephone orders placed with the Customer Services department, by communicating a credit/debit card number or bank details, the client expressly accepts the order placed and the subsequent payment.
1.4 The order becomes firm and definitive only after verification of the buyer's identity, the truthful nature of the information provided by the buyer, the buyer's creditworthiness and subject to validation of online payment by the card authorisation and insurance centre managed by FIA-NET S.A.
1.5 Availability of products Orders received on the website and/or by the Customer Services Department will be honoured subject to stock availability. Should the product not be available, JEAN CLAUDE JITROIS S.A. undertakes to inform the client and, if applicable, to reimburse him/her as soon as possible, and in all cases at the latest thirty (30) days after the order is placed by client.
Price and Payment methods 2.1 Price are given in euros and include all taxes. They take account of value added tax at the rate applicable on the day that the order is placed, and do not include delivery charges, according to the cost of these, applicable on the day the order is placed.
2.2 The Client pays for his/her purchases at the time the order is placed, online and/or by telephoning the Customer Services Department: - by credit/debit card (Carte Bleue, Visa, Eurocard/Mastercard or American Express), via a secure payment module - by bank transfer sent to account number 57592748001 at the CREDIT AGRICOLE Bank, CRCA PARIS C AF GEORGE V. All related bank charges are to be borne by the client.
Delivery Products sold by correspondence are insured by JEAN CLAUDE JITROIS SA until they are delivered. Orders are processed as soon as confirmation of payment is received. It is to be observed that delivery addresses given by clients must be complete, and JEAN CLAUDE JITROIS S.A. does not deliver to PO boxes.
JEAN CLAUDE JITROIS S.A. reserves the right to refuse all orders from a client with whom the company has a current or past payment dispute. Standard delivery periods are as follows:
- zone 1: ten (10) working days
- zone 2: twenty-one (21) working days
Delivery periods are stated as precisely as possible, in working days, but in all cases are given as an indication only, as they are dependent on supply and transport available.
However, if thirty (30) days after the delivery date indicated a product has not been delivered, the sale may be cancelled at the Client's request. The Client shall be entitled to a refund of sums paid, but not to any indemnity or damages. (Article L 121-20-3 of the French Consumer Code)
Cooling-off period 4.1 In application of article L 121-20 of the French Consumer Code, private individuals have a cooling off period of fourteen (14) whole calendar days, from delivery, during which they can withdraw from the transaction without giving a reason or paying any penalty, except, if applicable, the cost of returning the goods (delivery and insurance cost) which are borne by the Client.
If this period finishes on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
Important: Should a client wish to exercise his/her right to withdraw he/she must return the goods in their original packaging, in perfect condition, with the attached seal intact, at his/her own expense, accompanied by the invoice and the completed "Returns/Exchanges" form, to the address given, which is:
JEAN CLAUDE JITROIS S.A. ATT/SERVICE CLIENTELE
191 rue Saint-honoré, 75001 Paris, France
Tel: (+33) 1 58 18 38 43
4.2 It is the Client's responsibility to retain proof of having returned the product, which implies that the articles must be returned by registered post or by any other method which provides a definite date. The cost of returning the goods is borne by the Client. In order to allow us to process product return requests efficiently, it is useful to note the weight of the parcel when it was sent by JEAN CLAUDE JITROIS S.A. on the "Returns/Exchanges" form.
4.3 After receiving and checking the condition of the product, JEAN CLAUDE JITROIS S.A. will, as requested by the Client: - exchange the product (size, colour or other model), - reimburse the price of the product, - or issue a credit note corresponding to the price, valid for one year.
Risks and Guarantees 5.1 JEAN CLAUDE JITROIS S.A. is responsible for risks relating to the transport of goods up until delivery, i.e. until they are physically received by the client (or the recipient indicated when ordering, or his/her representative who accepts delivery). It is the Client's responsibility to check goods when they are received, in the presence of the transporter, and to indicate in writing on the transport document any reservations that he/she has observed.
5.1 Products sold conform to current French regulations and to standards applicable on French and European Union territory. All articles presented benefit from the statutory guarantees concerning conformity (articles L 211-4 and following of the French commercial code) and latent defects (articles 1641 to 1649 of the French civil code). These guarantees apply from the time that the product is received by the Client. The guarantees do not cover the abnormal or excessive use, normal wear and tear or corrosion of products. In order for the guarantee to be applicable, before returning the product(s), the Client must inform, as soon as possible and by any written means (fax, letter or email):
JEAN CLAUDE JITROIS S.A.
based at 191 rue Saint-honoré, 75001 Paris, France
Tel: 00 33 (0)+33 1 58 18 38 - Fax: (+33) 1 58 18 38 41
of the problems (latent defect(s) and/or non-conformity) which he/she attributes to the product and grant JEAN CLAUDE JITROIS S.A. every opportunity to view the defects.
Articles L 211-4, L 211-5 and L 211-12 of the French consumer code:
" - The seller shall deliver a product which conforms to the contract and is responsible for conformity defects which exist on delivery. The seller is also responsible for conformity defects caused by packaging or by assembly or installation instructions when the contract makes him/her responsible for this or if is carried out under his/her responsibility.
- To conform to the contract, the goods must:
- 1. Be suited to the purpose for which a similar article is normally used and, if applicable:
- be as described by the seller and posses the qualities that the seller has presented to the buyer in the form of a sample or model;
- possess the qualities that a buyer can reasonably expect, given the public declarations made by the seller, producer or his/her representative, in particular via publicity or labelling;
2. Or present the characteristics defined by mutual agreement between the parties or be appropriate for a particular use intended by the buyer, where the buyer has made the seller aware of this and the seller has accepted.
- Action resulting from a conformity fault lapses after a two year period from when the goods are delivered. "
Article 1641 and 1648 line 1 of the French civil code:
"The seller is bound by a guarantee regarding latent defects present in the article sold which render it unsuitable for the use for which it was intended, or which diminish this use so that the buyer would not have bought it, or would have paid a lower price, should he/she have been aware of them. - Action resulting from latent defects must be instituted by the buyer within a period of two years from the point when the defect is discovered. "
Invoicing JEAN CLAUDE JITROIS S.A. will issue an invoice conforming to the provisions of Articles L 121-18 and L 121-19 of the consumer code, which will be communicated when the order is placed online and after payment of the price of the goods ordered.
personal data 7.1 In accordance with the provisions of the data protection law number 78-17 dated 6th January 1978. Clients have the right to access, rectify or object to the recording of personal information about them. This right can be exercised by writing to:
JEAN CLAUDE JITROIS S.A. ATT/SERVICE CLIENTELE
191 rue Saint-honoré, 75001 Paris, France
7.2 The automated processing of the information on the www.jitrois.com website has been declared to the French data protection authority (CNIL) under the number ……………..
7.3 Use of information collected No personal information is collected without the Client's knowledge. The only personal information received by JEAN CLAUDE JITROIS S.A. is that communicated by the Client when using the website, such as for example when sending a form or entering an order.
Information relating to visits to the website is recorded for statistical purposes only and JEAN CLAUDE JITROIS S.A. undertakes not to relate this navigational data to Clients' personal data, except in the case of data recorded by FAI-NET S.A. for the purpose of fighting credit/debit card fraud.
The data collected on this site is used to process requests and orders and for us to get to know our Clients better, in order to adapt the products and services we offer to our clientele.
Clients who wish to do so can exercise their right to oppose this by writing to abovementioned address:
JEAN CLAUDE JITROIS S.A. ATT/SERVICE CLIENTELE
191 rue Saint-honoré, 75001 Paris, France
7.4 Data collected may be communicated to JEAN CLAUDE JITROIS S.A.'s service providers who may contact Clients for the purpose of offering them products or services.
7.5 Data collected as part of the order analysis system (Fraud detection)
Information relating to orders is subjected to an automatic data treatment process managed by FIA-NET S.A. The purpose of this automatic data treatment is to define a level of analysis for a transaction and to fight credit/debit card fraud. FIA-NET S.A. and JEAN CLAUDE JITROIS S.A. are the recipients of the information relating to the order. If data relating to the order is not transmitted, the transaction cannot be carried out or analysed. In case of failure to pay due to fraudulent use of a credit/debit card, the name and address details relating to the transaction associated with this failure to pay will be recorded on a payment incident file created by FIA-NET S.A. An anomaly or an irregularity in a declaration may also be subject to specific processing.
7.6 Data collected as part of the "Site Evalué – Site Premium" (Evaluated website - Premium Website) campaign (FIA-NET logo) When purchasing from the JEAN CLAUDE JITROIS S.A. websites, Clients have the option of participating in the "site évalué - site premium" campaign organised by FIA-NET S.A.
The Client can comment on his/her personal experience and share it with other Internet users via the FIA-NET site by filling in two satisfaction questionnaires, the purpose of which is to measure the level of customer service provided throughout the buying process. These questionnaires may be sent by FIA-NET or JEAN CLAUDE JITROIS S.A., either by email or via a pop-up after purchase. The information collected using these two questionnaires is subjected to automatic data processing managed by FIA-NET SA. Incomplete replies or the failure to reply to one or both questionnaires will not affect the order process or the processing of orders.
FIA-NET S.A. and JEAN CLAUDE JITROIS S.A. are the recipients of the nominative data collected via these satisfaction questionnaires. Non-nominative data will be used by FIA-NET in accordance with current regulations, in particular those relating to data protection.
In accordance with the 6th January 1978 data protection law, the Client also has, at any time, the right to access, rectify and object to the treatment of all of his/her personal data by FIA-NET S.A., which can be exercised by writing, giving proof of identity, to:
FIA-NET Service Informatique et Libertés
Traitement N° 896150
39, rue Saint-Lazare - 75009 PARIS, France.
The responsibility that JEAN CLAUDE JITROIS S.A. has for all stages in the taking of orders as well as all stages following the conclusion of the contract (transport of goods, for example) is an obligation to employ best efforts. JEAN CLAUDE JITROIS S.A. undertakes to describe the products sold on its site as precisely as possible. Photographs presented on the site, however, are not legally binding. In all cases, JEAN CLAUDE JITROIS S.A. cannot be held responsible should the company's failure to fulfil its obligations be attributable either to an unexpected and insurmountable cause relating to a third party to the contract, or to a case of force majeure as defined by French case law. In the same way JEAN CLAUDE JITROIS S.A. cannot be held responsible for the dangers and damages relating to the use of the internet network, in particular service interruptions, external intrusions or computer viruses.
More generally, JEAN CLAUDE JITROIS S.A. cannot be held responsible for: interruptions or delays suffered by the Customer Service Department or the Website due to maintenance work, technical breakdowns, cases of force majeure, or caused by third parties or any other circumstances which are outside of the company's control; the Client's temporary inability to contact the Customer Service Department and/or to access the website, due to circumstances beyond the Client's control such as computer breakdown, telephone or internet network service interruptions or failure of the Client's equipment or the Internet network.
Force Majeure Neither party may be held responsible if the contract cannot be fulfilled or is delayed due to a case of force majeure or unexpected circumstances, due to actions by the other party or a third party or external causes, such as industrial conflict, transport disruptions, intervention by civil or military authorities, natural catastrophe, fire, water damage or interruptions in service by the telecommunications network or the electricity network.
Intellectual property All elements on the www.jitrois.com site, whether visual or audio, including the underlying technology are protected by copyright, trademark and/or patents. They are the exclusive property of JEAN CLAUDE JITROIS S.A. Any Client who has a personal website and wishes to place a simple link to the JEAN CLAUDE JITROIS S.A. website on his/her site for personal use must request prior written authorisation. In all cases, any unauthorised link must be withdrawn at the request of JEAN CLAUDE JITROIS S.A.
Duration These conditions apply throughout the time that articles/products and services offered by JEAN CLAUDE JITROIS S.A. are online.
General provisions 12.1 Entire agreement
The parties recognise that this contract constitutes the entire agreement concluded between them and replaces any previous offer, provision or agreement, whether written or verbal. 12.2. Modification of contract
No subsequent document or modification to the contract, in any form whatsoever, will bind the parties unless it takes the form of an annexe to the contract duly dated and signed by them.
Should any one of the stipulations of this contract turn out to be void, in relation to a law in force or to a legal decision rendered definitive, the stipulation will be considered never to have been written, and in doing so will not render the contract void nor affect the validity of the other provisions contained within it.
The fact that one or other of the parties does not seek the application of any clause of the contract, or allows it not to be applied, whether permanently or temporarily, cannot be interpreted as renunciation, by this party, of the rights resulting from the aforementioned clause for the party.
12.5. Addresses for service
The parties designate as their addresses for service the address on the order form in the case of the Client and the address on the website in the case of JEAN CLAUDE JITROIS S.A. 12.6. Applicable law and disputes
These conditions are subject to French law.