These General Terms and Conditions of Sale are concluded between, on the one hand, 4 ECOM SUCCESS, SAS with a capital of €5,000 registered with the RCS of Paris under number 843 388 794, having its registered office at 10, rue de Penthièvre 75008 Paris (hereinafter “4 ecom”), and on the other hand any person who has made a purchase on the www.rollonjade.com site, hereinafter referred to as “the Customer”. Any purchase on the www.rollonjade.com site (hereinafter the “Site”) automatically entails acceptance of all of these conditions.
ARTICLE 1: DEFINITIONS
Customer: means any user who will purchase a Product through the Site and/or who has a personal account on the Site. Order: refers to the process whereby the Customer selects the Products he wishes to purchase and have them delivered. An Order is finalized when the Customer has selected the Products he wishes to have delivered as well as the delivery options and when he has paid the amount to be paid. Once finalized, the Order is taken care of by 4 Ecom, which will ship the Products ordered according to the terms of these GCS. Contract: refers to these T&Cs and any special conditions applicable to certain promotional operations. Personal data: refers to all the personal information relating to the Customer, a natural person, provided by him when placing the Order. User: designates any natural or legal person accessing the Site, whether or not they are a Client. Parties: jointly designates 4 Ecom and the Customers and Users of the Site. Products: refers to the products available for sale on the Site.
ARTICLE 2: PURPOSE OF THE CGV AND VERSION IN FORCE
The purpose of these T&Cs is to define the conditions under which Users can access the Site, place Orders and manage relations between 4 Ecom and Users, as well as all the rights and obligations arising therefrom. 4 Ecom is free to modify, at any time and without notice, these T&Cs, in particular to take into account any legal and/or technical developments. 4 Ecom will inform the User by any means, who must accept the new GCS. Any User agrees to comply, without restriction or reservation, with these T&Cs, whether they visit the Site or place an Order. The GCS are notified to Users for acceptance prior to any Order on the Site. The latest version of the GCS available on the site will be the one that prevails. The version applicable to an Order is that in force on the date of placing the latter. If a User does not accept the T&Cs or their subsequent modifications, he must renounce all use of the Site. The User declares having obtained from 4 Ecom, prior to his Order, all the information on the Products and the delivery methods. He declares to be solely responsible for the choice of the Products as well as their use. The User must be a duly represented legal person or an adult natural person with the legal capacity to place an Order on the Site. Otherwise, he must have the authorization of his legal representative to place an Order.
ARTICLE 3: PRESENTATION OF ARTICLES/PRODUCT SHEETS
4 Ecom guarantees that the photographs of the Products that appear on the site were taken under standard conditions for the sector in question, with the Products themselves. 4 Ecom makes its best efforts to ensure that the photographs of the Products conform as closely as possible to the Products actually delivered to the Customer (color of the stones in particular). Nevertheless, 4 Ecom cannot guarantee that the Products will be exactly identical to the photographs, in particular because of the technical constraints of making the photographs available on the Site, of the ore from which the stones used for the tools are extracted, which, by nature, vary. 4 Ecom endeavors to present and describe its Products in the most precise and faithful manner possible. For any request and clarification regarding a Product, the User may contact Customer Service either at the following email address: firstname.lastname@example.org or by telephone at: +33(0)184601773
ARTICLE 4: PRICE
All prices presented on the Site are in euros, all taxes included. 4 Ecom reserves the right to modify its prices without notice. The prices applied to the Customer correspond to those displayed on the Site at the time of their Order.
ARTICLE 5: ORDER
In order to place his Order, the Customer selects the Products of his choice on the Site and adds them to his virtual basket. Some of the Customer's personal data is required to proceed with the creation of a personal account. The Customer is required to provide complete, up-to-date and fair information, 4 Ecom cannot be held liable in this regard. The Customer is informed that some of the information requested is mandatory for the proper execution of the Order placed, which he expressly acknowledges. The description of the Products is available to the Customer on the Site, which the Customer accepts and acknowledges. Once the Order has been finalized, support is confirmed by 4 Ecom by sending an email to the Customer at the address indicated during the Order. The Order is validated once payment has been made in full and received by 4Ecom. 4 Ecom will send the Customer an invoice by email to the address provided when placing the Order. The Customer is advised to save or print his invoice and keep it. 4 Ecom undertakes to honor validated Orders, within the limits of available stocks. In any event, 4 Ecom cannot be held responsible for any prejudice suffered by the Customer, nor liable for any damages. 4 Ecom may modify the assortment of products offered for sale on the Site at any time, without prejudice to the Orders placed by the Customer.
Article 6: AVAILABILITY OF PRODUCTS
The products are offered within the limits of available stocks. 4 Ecom does not guarantee the availability of the products presented on the site. In the event of unavailability of one of the products, either the Customer may "pre-order" but will have been notified of the temporary out of stock indicated on the product sheet of the product in question (and the date of restocking), or the Customer will be informed as soon as possible by email or telephone of the unavailability of the products and the cancellation of his order. In the event of cancellation of the order, for unavailability, the Customer's order will be automatically canceled and the Customer reimbursed as soon as possible. 4 Ecom cannot be held responsible in the event of cancellation of an order due to a shortage of stock. 4 Ecom is entitled to terminate the contract binding the Seller to the Customer from the moment he does not receive the delivery of his goods or that the delivery is erroneous and this, despite the prior conclusion of the agreement between the two parts. 4 Ecom is required to inform the customer of the unavailability of the service as soon as possible. All sums already paid by the Customer will be refunded to him immediately after the cancellation of the order. In case of out of stock or pre-order, 4 Ecom also reserves the right to establish a customer waiting list for the delivery of their products. In this case, the Customer is debited from his account at the time of the order without being delivered. As soon as it is back in stock, the ordered product is then sent to the Customer, depending on its position on the waiting list. The waiting periods before restocking, indicated to the Customer at the time of the order are indicative and not contractual. Once the order has been placed and the buyer is on the waiting list, the order cannot be cancelled. The order may be refunded upon receipt, according to the return and refund conditions of these GCS.
ARTICLE 7: DELIVERY
Delivery costs will be specified on the Site, all taxes included, during the Order process and must be accepted by the Customer at the time of validation of the Order. They appear on a separate line from the Products line. The amount of the delivery costs may vary depending on the weight, the delivery method chosen and the delivery territory of the Products, which the Customer expressly acknowledges and accepts. Delivery times are indicated on the Site and depend on the delivery method chosen by the Customer. Delivery times exclude Saturdays, Sundays and public holidays. Pursuant to Article L. 216-1 of the Consumer Code, the Parties agree that the Products will be delivered within the deadlines specified during the Product Order process and before the validation of the said Order. In the event of an incorrect address or in the absence of collection by the Customer, the latter may contact 4 Ecom or the carrier to organize the re-delivery of his Order at a collection point. Otherwise, the product is returned to the 4 Ecom warehouse. The return costs in this case will be borne by the Customer. In the absence of indication on the Site of a delivery time for the Products, 4 Ecom undertakes to deliver them within a maximum period of 30 (thirty) days from the Order validation email sent to the Customer. by 4 Ecom. However, 4 Ecom using external service providers (carriers, postal services, etc.) for the delivery of the Products, 4 Ecom is totally dependent on these third-party service providers. The delivery times indicated on the Site may thus be impacted by the service providers without 4 Ecom being responsible for these delivery delays and the consequences that could result therefrom. When the delivery is made against signature, this is proof of the good reception of the package. The transfer of risks and liability relating to the Products takes place upon receipt of the Products by the Customer. From this date, the Customer will be solely responsible for them, as well as for their use and any consequences that may arise therefrom. Consequently, the Customer undertakes to check, at the time of delivery, that the Order delivered is complete, compliant and has not been damaged. Any Order received against signature by the Customer will be considered to be compliant, complete and in perfect condition at the time of delivery. In some countries that are not members of the European Union, the Customer may be subject to additional customs and shipping costs. 4 Ecom will not be held responsible for the payment of these additional costs and considers that it is the consumer's responsibility to find out about the customs costs of the country in which he is located.
ARTICLE 8: PAYMENT
The Customer pays on the www.rollonjade.com website by credit card from the Visa, Mastercard, Maestro and American Express networks via the Stripe secure payment platform and by Paypal. For Payment via Paypal or via Stripe: The terms of payment are specific to the platform of the payment provider Paypal or Stripe, and are independent of 4 Ecom, which does not intervene in any way in the use of said services. All the terms and conditions related to payment via the Paypal or Stripe payment solution are governed by the General Terms and Conditions of Use of these services. 4 Ecom does not retain any Customer's bank details, subject to the provisions below . 4 Ecom cannot be held responsible for any malfunction occurring on the Paypal or Stripe payment platform.
ARTICLE 9 - WITHDRAWAL
In application of articles L.221-5 and following of the Consumer Code, the Customer has a period of 14 days from the date of delivery of the Order to return any new and unopened product, in its original packaging. original and in perfect condition (any damaged, incomplete, damaged product or whose packaging is damaged will not be taken back), to request a refund without penalty. However, the return costs will be borne by the customer, regardless of the country. The Customer must therefore place the intact packaging containing the product in suitable packaging on which the return label will be affixed, before sending it by post. The Customer must also attach a copy of the invoice or any other item enabling the Order in question to be identified, and its holder. The return of the Product is carried out at the risk and peril of the Customer. If the package is lost, stolen or damaged when returning the product, 4 Ecom reserves the right to refuse reimbursement of the returned product(s).
ARTICLE 10 – PERSONAL DATA
Personal data is collected by 4 Ecom when an Order is placed or when a personal account is created by the Customer or when registering to receive a Newsletter. In addition, personal data is collected through cookies. This type of collection is envisaged in article 9.2 below. When placing an Order, certain personal data must be provided by the Customer and collected by 4 Ecom. These are the Customer's surname, first name, email address, postal address and telephone number. The same personal data is required for the creation of a personal account This personal data is subject to automated processing for the purposes of managing the Order and the 4 Ecom customer base, as well as prospecting commercial, and for statistical purposes. They may be sent to 4 Ecom's business partners who contribute to the delivery of the Products and the making of payments, solely for this purpose, which the Customer expressly acknowledges and accepts. In addition, as part of the online payment services used by 4 Ecom, these services collect certain personal data belonging to Customers on behalf of 4 Ecom. Said data is kept for the time necessary for the purposes for which it is collected and processed, namely for the completion of the Order placed by the Customer, unless: - a longer storage period is authorized or imposed by a legal provision or regulatory; - the Customer has exercised, under the conditions set out below, one of the rights granted to him by law. In addition, when the Customer has created a personal account, the personal data communicated for this purpose is kept until the account is deleted, which can be requested from 4 Ecom under the conditions described below. In the event that the Customer no longer wishes to receive newsletters and/or promotional offers, he has the possibility of modifying his choice by contacting 4 Ecom under the conditions mentioned below or by using the unsubscribe links provided in the messages. . Access to personal data is strictly limited to 4 Ecom employees authorized to process it. The information collected may possibly be communicated to third parties bound to 4 Ecom by contract for the execution of subcontracted tasks necessary for the management of the Order, without the Customer's authorization being necessary. It is specified that, in the context of the performance of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of data. personal data. Apart from the cases set out above, 4 Ecom undertakes not to sell, rent, assign or give access to third parties to the data without the Customer's prior consent, unless forced to do so for a legitimate reason. (legal obligation, fight against fraud or abuse, exercise of the rights of defence, etc.). In accordance with the applicable legal and regulatory provisions, in particular law n ° 78-17 of January 6, 1978 as amended relating to data processing, files and freedoms and European regulation n ° 2016/679 / EU of April 27, 2016, the The User benefits from a right of access, rectification, portability and erasure of his data or even limitation of processing. He may also, for legitimate reasons, oppose the processing of data concerning him. He may thus demand that personal data concerning him which is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. The User's personal data is also deleted when the User expressly withdraws his consent to the collection and processing of his personal data, subject to 4 Ecom's legal obligations. To exercise these rights, the User must send a request by email to email@example.com indicating his name and surname. 4 Ecom may ask the User to prove his identity, by enclosing any necessary document with his request, in particular a copy of his identity card or passport. In the event of a security breach on the Site or loss of personal data relating to Users, 4 Ecom will inform them by email under the applicable legal conditions. It will take all necessary measures, within the limits of its human, material and financial resources, to remedy the breach and ensure data security. Users also have a right of complaint, which they can exercise with the national supervisory authority, namely the CNIL. 4 Ecom may place cookies on the Site. This is an automatic tracking process that records information relating to navigation on the Site, and stores information entered during visits to the Site in order to facilitate use of the Site. The User may oppose their implementation and/or delete them by following the procedure indicated on their browser. As such, 4 Ecom collects the express consent of Users as to the use of these cookies and uses them in application of the legal provisions, including in particular the General Regulations on the Protection of Personal Data. 4 Ecom uses these cookies for the sole purpose of establishing connection statistics as well as User browsing histories. Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows 4 Ecom to sell our services and products under the Roll On Jade brand. Your data is stored in Shopify's data storage system and databases and in the general Shopify application. Your data is stored on a secure server protected by a firewall.
ARTICLE 11: INTELLECTUAL PROPERTY
Without this list being exhaustive, the brand "ROLL ON JADE" as well as its derivatives and variations, the logos, the graphic charter, the layout, the information, the presentation and the content of the Site, are the exclusive property of 4 ECOM. The systems, software, structures, infrastructures, databases and content of any kind (texts, images, visuals, music, logos, brands, database, etc.) relating to the Site are also protected by all intellectual property rights or rights of database producers in force, of which 4 ECOM is the sole holder of the rights. All disassembly, decompilation, decryption, extraction, reuse, copy and more generally, all acts of reproduction, representation, distribution and use of any of these elements, in whole or in part, without the prior written authorization of 4 Ecom are strictly prohibited and may be the subject of legal proceedings. Any reproduction or representation, total or partial, of the Site or its component elements, such as brands, logos, graphic charter, layout, information, presentation and content of the Site, without this list being exhaustive, is prohibited.
ARTICLE 12: LIMITATION OF LIABILITY
4 Ecom declines all responsibility for damages of any kind whatsoever, resulting in particular from the use of the Site or the Order of Products, in particular damage to the reputation and image of the Customer, or loss of data that may arise from the use of the Site. In the event that the liability of 4 Ecom should be established and retained due to damage suffered by the Customer and exclusively to 4 Ecom, this is limited to the amount of the Order paid by the Customer to 4 Ecom. 4 Ecom cannot under any circumstances be held liable for an interruption of all or part of the Site, whatever the cause, duration or frequency of this interruption. The Site has the necessary technology to date for its access and use, the presence of possible viruses or other harmful elements, introduced by any means or by any third party, which may produce alterations in the User's computer systems cannot be excluded. 4 Ecom does not offer any explicit or implicit guarantee as to the operation of the Site, in particular any technical problem which may arise. 4 Ecom reserves the right to modify, at its discretion and unilaterally, at any time and without prior notice, the configuration of the Site, the services or content offered, such as the right to eliminate, limit, suspend or prohibit access, temporarily or permanently. The Customer undertakes to use the Products in strict compliance with the instructions for use provided by 4 Ecom. Therefore, 4 Ecom cannot be held liable in the event of non-compliant use of the Products by the Customer or a third party.
ARTICLE 13: LEGAL GUARANTEE
In accordance with the provisions of the Consumer Code, the Products marketed on the Site benefit from legal guarantees, i.e. the guarantee of conformity (articles L.217-4 and following of the Consumer Code) and the guarantee of hidden defects (articles 1641 and following of the Civil Code), allowing Customers to return defective and non-compliant Products free of charge. Warranty against hidden defects. In accordance with articles 1641 and following of the Civil Code, 4 Ecom is bound by the guarantee for hidden defects in the Products sold which render them unsuitable or significantly affect the use for which they are intended. The Customer may bring an action on the basis of a latent defect within two years from the discovery of the defect. Within the framework of the legal guarantee against hidden defects, 4 Ecom, according to the Customer's choice, undertakes, after assessment of the defect either: to reimburse the full price of the Product concerned or to reimburse part of the price of the Product if the Customer decides to keep it.
ARTICLE 15: COMPLAINTS - INFORMATION
Any complaint or request for information relating to these GCS must be sent to Customer Service by e-mail at the following address: firstname.lastname@example.org
ARTICLE 16 – MISCELLANEOUS PROVISIONS
In the event of a dispute relating to an Order, the Customer must first contact 4 Ecom, in order to find an amicable solution, by email to the address email@example.com In addition, in accordance with article 14 of the Rules (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/. Applicable law and attribution of jurisdiction These T&Cs are governed by French law, unless otherwise provided. In the absence of an amicable outcome and whatever the origin of the conflict, disputes relating to the execution or interpretation of these GCS will be submitted to the competent courts of Paris.