Terms of sale

OVERVIEW

This website is operated by Jitrois. Throughout the site, the terms “we”, “us” and “our” refer to Jitrois. Jitrois offers this website, including all information, tools and Services available from this site to you, the User, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

INTRODUCTORY SECTION - PREAMBLE

These General Terms and Conditions of Sale, relating to the sale of clothing, accessories, and derivative products marketed under the brand JEAN CLAUDE JITROIS, are entered into between JEAN CLAUDE JITROIS S.A., with an EU VAT number of fr 26 334 582 137, registered with the Paris R.C.S under number 334 582 137, with its registered office located at 40 rue du Faubourg Saint Honoré, PARIS 75008, and any natural or legal person – acting outside their professional activity – hereinafter referred to as "the Client", under a distance selling system.

These General Terms and Conditions of Sale apply only to Clients who are natural and/or legal persons, non-traders, and acting outside any business activity.

In accordance with Article L 111-1 of the Consumer Code, the essential characteristics of the goods sold via mail order are provided to clients by phone and are confirmed by email at the clients' request before any order is placed.

The Client receives the information stipulated in Articles L 121-8 and L 121-19 of the Consumer Code, prior to the conclusion of the sale, particularly through these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale apply to:

• all product sales made by phone,
• and all product sales conducted on the website www.jitrois.com.

The products displayed on the website "www.jitrois.com" are offered for sale in the following territories:

• Zone 1: Metropolitan France and Corsica
• Zone 2: Germany; Austria; Belgium; Bulgaria; Cyprus; Denmark; Spain; Estonia; Finland; France; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; Netherlands; Poland; Portugal; Czech Republic; United Kingdom; Slovakia; Slovenia; Sweden; Croatia.
• Zone 3: United States

When ordering products to be shipped to countries in zone 2 or 3, the Client acts as the importer of the products concerned.

The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any other conditions, including those applicable for sales in stores or through other distribution and marketing channels.

ARTICLE 1: ORDER

1.1 / Placing an order implies full and unconditional acceptance of these general terms and conditions of sale, which are accessible at any time on the website www.jitrois.com and which the Client/User declares to have acknowledged at the time of order validation.

These general terms and conditions of sale are subject to future modifications; therefore, the version applicable to the Client's purchase is the one in force on the website at the date the order is placed. Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

1.2 / The Client may place their order:

• online, from the online catalog on the website www.jitrois.com
• by phone, through the Customer Relations service, at (+33) 1 58 18 38 76 (local call rates apply), from 11 am to 7 pm, Monday through Friday, excluding public holidays, concerning the sale of products presented on the website www.jitrois.com.

For the sale of products in the American territory (United States), telephone orders will be taken at the same number. Any order implies acceptance of the prices and descriptions of the products available for sale on the website www.jitrois.com.

1.3 / In the context of an online sale via the website www.jitrois.com, the "click" associated with the authentication procedure and the protection of message integrity constitutes a signature and express acceptance of all operations performed on the site. In case of an order by telephone or email through the Customer Relations service, the provision of their credit card number and/or banking details by the Client constitutes express acceptance by them of the order placed and subsequent payment.

1.4 / The order will become firm and definitive only after the Buyer has received an email from the Seller confirming acceptance of the order.

1.5 / Product Availability
Orders received on the website and/or through the Customer Relations service will be honored only within the limits of available product stocks.

In the event of product unavailability, Jean Claude JITROIS S.A commits to inform the Client within 7 days and, if applicable, to refund the Client as soon as possible and in any event no later than thirty (30) days after the Client placed the order.

ARTICLE 2: PRICES AND PAYMENT TERMS

2.1 / Prices are indicated in euros, including all taxes (VAT included) for zones 1 and 2 and include the applicable VAT rate on the date of the order as well as transportation and delivery costs. For countries in zone 3, prices are indicated in USD and include transportation costs and customs duties. JITROIS fully covers the transportation and delivery costs of the products ordered on the internet and/or by correspondence, by contacting its customer service.

2.2 / The Client settles their purchases online and/or by telephone with the Customer Relations Service, at the time of ordering:

• by credit card (Debit Card, Visa, Eurocard/Mastercard, American Express), via a secure payment module;
• by bank transfer to Account No. 57592748001, held at Banque CREDIT AGRICOLE, CRCA PARIS C AF GEORGE V, with all related banking fees being the exclusive responsibility of the Client.

The Client is informed, for all intents and purposes, that banking transactions are secured through a secure payment module operated by SHOPIFY Payments.

ARTICLE 3: WITHDRAWAL PERIOD

3.1 / In accordance with Article L 121-20 of the Consumer Code, the Client has a fourteen (14) calendar day period from the delivery date to exercise their right of withdrawal with the Seller, without having to provide reasons or pay any penalties, for the purpose of exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following the notification to JEAN CLAUDE JITROIS S.A of the Client's decision to withdraw.

If this period expires on a Saturday, Sunday, or a public holiday, it is extended until the next working day. Important: The Client wishing to exercise their right of withdrawal must return the item(s) in their original packaging, in perfect condition, with the seal intact, and at their own expense, accompanied by a copy of the invoice and the attached form titled "Return/Exchanges" duly completed, to the following address:

JEAN CLAUDE JITROIS S.A CUSTOMER SERVICE
38-40 rue du Faubourg Saint-Honoré,
75008 Paris, France
Tel: (+33) 1 58 18 38 76

Products that are damaged, soiled, or incomplete will not be accepted for return.

3.2 / It is the Client’s responsibility to retain proof of the product's return within the specified period, which means that the item(s) must be returned by registered mail or by any other means that provides a definite date of return, with the re-shipping costs being borne by the Client.

To properly process the product return request(s), it is necessary to specify on the "Return/Exchanges" form the weight of the package when it is sent by JEAN CLAUDE JITROIS S.A.

3.3 / Upon proper receipt and inspection of the product's condition, JEAN CLAUDE JITROIS S.A will, at the Client's choice:

• exchange the product (size, color, or different model),
• refund the price of the product,
• or issue a credit note valid for one year.

If the Client chooses the second option, only the price of the purchased Products will be refunded, as delivery costs were fully covered by JEAN CLAUDE JITROIS S.A, as mentioned in Article 2.1; the costs associated with the return of the products, namely the shipping and insurance costs paid by the Client, remain the Client’s responsibility.

Read our full Refund Policy by following this link [LINK TO REFUND POLICY]

ARTICLE 4: RISKS AND WARRANTIES

4.1 / JEAN CLAUDE JITROIS S.A assumes the risks related to transport until delivery, that is, until the physical handover of the goods to the Client (or to the recipient specified at the time of order or to their representative who accepts it), with the Client responsible for checking the goods at the time of receipt in the presence of the carrier, and noting any reservations in writing on the delivery slip.

4.2 / The products sold comply with current French legislation and the standards applicable in France and the European Union. All items benefit from the legal warranties of conformity (Article L 211-4 and following of the Consumer Code) and against hidden defects (Articles 1641 to 1649 of the Civil Code). These warranties apply from the receipt of the product by the Client. The warranties do not cover abnormal or excessive use, normal wear and tear, corrosion of products. For the warranty to apply and before any return, the Client must notify JEAN CLAUDE JITROIS S.A as soon as possible and no later than within 3 days by any written means (fax, letter, email), of the disorders (hidden defect(s) and/or non-conformities) they attribute to the products and must provide all facilities to JEAN CLAUDE JITROIS S.A to proceed with the observation of the defects.

JEAN CLAUDE JITROIS S.A will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective. Likewise, since the delivery costs were settled by JEAN CLAUDE JITROIS S.A, there is no need to reimburse them.

Return costs will be reimbursed upon presentation of receipts. Refunds of Products deemed non-compliant or defective will be made as promptly as possible and at the latest within 14 days following JEAN CLAUDE JITROIS’s confirmation of the conformity defect or hidden defect.

Refunds will be issued by credit to the Client’s bank account or by bank check sent to the Client.

JEAN CLAUDE JITROIS S.A’s liability shall not be invoked in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to check,
• in case of misuse, use for professional purposes, negligence, or lack of maintenance by the Client, as in cases of normal wear of the product, accident, or force majeure.

The warranty is, in any case, limited to the replacement or refund of non-conforming or defective Products.

ARTICLE 5: INVOICING

JITROIS will issue an invoice incorporating the mandatory provisions set out in Articles L 121-18 and L 121-19 of the Consumer Code, which will be transmitted during the online order and after payment of the price of the product(s) ordered.

ARTICLE 6: LIABILITY 

JITROIS has a duty of care in all stages of order processing as well as subsequent stages following the conclusion of the contract (such as product transportation). JITROIS S.A strives to describe the products sold on its site as accurately as possible. However, the photographs on the site are not contractually binding. In any event, the liability of JITROIS S.A shall not be engaged if the non-fulfillment of its obligations is due to the unforeseeable and insurmountable act of a third party to the contract, or a force majeure event, as defined by French case law. Similarly, JITROIS S.A cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, including service interruption, external intrusion, or the presence of computer viruses. More generally, JITROIS S.A will not be responsible for:

• Interruptions or delays recorded by the Customer Service or on the website due to maintenance work, technical failures, a force majeure event, the actions of third parties, or any other circumstances whatsoever, beyond its control;
• The impossibility for the Client to contact the Customer Relations Service and/or to temporarily access the site, due to facts beyond its control, such as computer failures, interruptions in the telephone network, the Internet network, or failures of the Client’s Internet network equipment.

ARTICLE 7: FORCE MAJEURE 

The liability of either party cannot be sought if the execution of the contract is delayed or prevented due to force majeure or an accidental event, due to the other party or a third party, or external causes such as social conflicts, disruptions in transportation, interventions by civil or military authorities, natural disasters, fires, water damage, interruption of the telecommunications network, or of the electrical grid.

ARTICLE 8: INTELLECTUAL PROPERTY 

All elements of the site www.jitrois.com, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, 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, for personal use, a simple link directly referring to the JITROIS website, must necessarily obtain prior written authorization from JEAN CLAUDE JITROIS S.A.. In all cases, any unauthorized link must be removed upon simple request from Jitrois.

ARTICLE 9: PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]

ARTICLE 10: DURATION

The General Terms and Conditions of Sale posted online on 30/04/2024 apply for the entire duration of the online posting of articles/products and services offered by JITROIS S.A. Changes to these General Terms and Conditions of Sale are binding on users of the site www.jitrois.com from the time they are posted online and cannot apply to transactions concluded previously.

ARTICLE 11: GENERAL PROVISIONS

11.1/ The Entire Agreement
The parties acknowledge that this contract constitutes the full agreement between them and supersedes any previous offers, provisions, or agreements, written or oral.

11.2/ Modification of the Contract
No subsequent document, no modification of the contract, whatever its form, will have any effect between the parties without being in the form of an amendment duly dated and signed by them.

11.3/ Severability
If any provision of this contract is found to be void, in light of an applicable law or a final judicial decision, it will then be deemed unwritten, without nullifying the contract or affecting the validity of its other provisions.

11.4/ Waiver
The fact that either party does not claim the application of any clause of the contract or acquiesces to its non-execution, whether permanently or temporarily, cannot be interpreted as a waiver by that party of the rights deriving from that clause.

11.5/ Domiciliation
The parties elect domiciles the addresses indicated on the order form for the Client, and the address shown on the site for JEAN CLAUDE JITROIS S.A.

11.6/ Applicable Governing Law and Disputes
These General Terms and Conditions of Sale and the operations resulting from them are governed and subject to French law. The General Terms and Conditions of Sale are written in French. Although they may be translated into one or more foreign languages, only the French text shall prevail in the event of a dispute. All disputes that arise from the purchasing and selling operations conducted under these general terms and conditions of sale and concerning their validity, interpretation, performance, termination, their consequences, and their aftermath that have not been resolved between the Seller and the Client will be submitted to the competent courts under common law conditions. The Client is informed that they can, in any case, resort to conventional mediation, particularly with the Consumer Mediation Commission or with existing sector-specific mediation bodies or any alternative dispute resolution method (conciliation) in case of a dispute.

ARTICLE 12: PRECONTRACTUAL INFORMATION-ACCEPTANCE BY THE CLIENT 

The Client acknowledges having been provided, prior to placing their order, in a clear and comprehensible manner, with these General Terms and Conditions of Sale and all the information and details referred to in Articles L111-1 to L111-7, and in particular:

• The essential characteristics of the Product, considering the communication medium used and the Product concerned;
• The price of the Products and related fees (e.g., delivery);
• If the contract is not executed immediately, the date or timeframe by which JEAN CLAUDE JITROIS S.A undertakes to deliver the Product;
• Information about the identity of the Seller, their postal, telephone, and electronic contact details, and their activities, if not apparent from the context;
• Information relating to legal and contractual guarantees and their implementation procedures;
• The functionalities of digital content and, where applicable, its interoperability;
• The possibility of resorting to conventional mediation in the event of a dispute;
• Information relating to the right of withdrawal (existence, conditions, timeframe, methods to exercise this right, and standard withdrawal form), costs for returning Products, terms for cancelling and other important contractual conditions.

The act of ordering by phone or on the website "www.jitrois.com" implies full and complete acceptance and adherence to these General Terms of Sale, which is expressly recognized by the Client, who particularly renounces to rely on any contradictory document, which would be unenforceable against the Seller.