TERMS AND CONDITIONS
This site is operated by JEJ CONCEPT SASU, having its registered office at 2, boulevard Saint Denis - 75010 PARIS (France) and registered with the register of commerce and companies of Paris under number 539 560 623 R.C.S Paris.
The present general conditions of sale apply to all the orders placed with JEJ CONCEPT SASU for the whole of the articles and services proposed by www.bandybutton.com site by natural persons not business persons. Consequently, the fact for any person ordering a product offered on sale on the Internet site of Bandy Button implies full and complete acceptance of these general conditions of sale that the Customer recognizes having been aware of before his order.
JEJ CONCEPT SASU reserves the right to modify at any moment the present general sales conditions. Nevertheless, the General Sales Conditions applicable to the order placed by a Customer on the Site of www.bandybutton.com are those accepted by the Customer at the time of placing the order.
ART 1: INTEGRALITY
The present General Conditions define the entirety of the obligations of the various parties. In this sense, the Customer is considered to accept without reserve the entirety of the provisions envisaged under these general sales conditions. JEJ CONCEPT SASU is for its part committed to respecting its role of retailer within the framework of the aforesaid conditions.
ART 2: OBJECT
The present General Conditions have the aim of defining the rights and obligations of the various parties within the framework of the online sale of goods and services proposed by the JEJ CONCEPT SASU to the Customer, from the order to the delivery, including payment and the use of services made available by www.bandybutton.com.
ART 3: FIELD OF APPLICATION
The present General Conditions govern the sale of the products on the day of the placing of the order by the customer. They apply to all modes of placing of orders proposed by JEJ CONCEPT SASU, whether the order is placed by Internet .
ART 4: ORDER
CAPACITY TO ENTER INTO CONTRACT
Every Customer of JEJ CONCEPT SASU declares that he has the capacity to enter into a contract on the conditions described hereafter, i.e. to be an emancipated minor or have reached legal majority and not to be protected within the meaning of article 488 of the French Code Civil.
JEJ CONCEPT SASU reserves the right to refuse any order by a Customer with whom there exists, or which appears during processing, a dispute, in particular a dispute over payment.
ACCEPTANCE OF THE CONDITIONS BY THE CUSTOMER
The present Conditions can be read directly www.bandybutton.com site. On simple request of the Customer, they can also be sent by electronic mail.
The act of the Customer's ticking the box "I accept the general sales conditions", before proceeding to secure payment, constitutes an irrevocable acceptance which can only be called into question in the extreme cases envisaged under the present general sales conditions under the paragraph "right of retraction". The Customer accepts by this act to having read and understood the present Conditions and to accept them.
The purchase by telephone also implies the acceptance of these Conditions which he recognizes to have read beforehand, and to have understood and accepted the conditions mentioned above.
PLACING OF AN ORDER
The individual Customer can place his order at www.bandybuttom.com by Internet 24 hours a day, 7 days a week.
The ordering process is composed of 6 successive stages. Once product selection has been carried out, and the basket validated, the Customer must:
- clearly identify the products selected with the options of colors, sizes,… indicated on the www.bandybuttom.com - indicate the quantities requested;
- identify himself, either by entering his Customer number and password which are strictly personal to him, or by giving all the information usually requested for an inscription online;
- indicate clearly information necessary for the delivery. This relates in particular to the precise address of delivery, as well as possible restrictions of accessibility of the place of delivery (building, floor, door-codes, etc);
- indicate the selected mode of delivery;
- indicate the selected mode of payment.
Once the mode of payment is selected, the Customer must proceed with payment of his order on the secure server, which will formalize the sales contract with jej concept sasu in a firm and final manner.
Every order implies acceptance of the prices and description of the products available for sale. Any dispute on this point will intervene within the framework of a possible exchange and guarantees mentioned below.
In every case, the supply online of the bankcard number and the final validation of the order by the Customer will constitute proof of the order and current liability for the sums for the products selected in the order. This validation constitutes signature and acceptance of all the operations carried out on the www.bandybuttom.com.
CONFIRMATION OF ORDER
An email is automatically sent to the customer in order to confirm the order provided that the email address indicated in the inscription form does not contain an error. The Customer must check the completeness and conformity of the information which he provides to www.bandybuttom.com. The latter cannot be held responsible for possible errors of data-entry and the consequences in terms of delay or delivery error. In this context, all the expenses engaged for resending will be the responsibility of the Customer.
FOLLOWING OF THE ORDER
The Customer can at any moment check the status of his order by consulting the heading "My account" on the www.bandybuttom.com site. This following of the order makes it possible for the Customer to know the stage of processing of his order, but also the stage of sending or delivery of his parcels. This last following of delivery is carried out with the deliverers' Internet interface. JEJ CONCEPT SASU thus cannot be held accountable for the unavailability or errors that may affect the information supplied by its transporters. JEJ CONCEPT SASU endeavors nevertheless to make this information as clear as possible and to make the transport as reliable as possible with its transporters. The Customer can at any moment contact the sales department of JEJ CONCEPT SASU in order to be informed of the stage of his order.
PROOF OF THE ORDER
The computerized registrations, preserved in the information processing systems of JEJ CONCEPT SASU under reasonable conditions of security, will be regarded as the evidence of the communications, the orders and the payments that have taken place between the parties.
The filing of the purchase orders and the invoices is carried out on a reliable and durable support which can be produced as proof.
ARTICLE 5 : INFORMATION ON THE PRODUCTS
CHARACTERISTICS OF THE PRODUCTS
JEJ CONCEPT SASU will make its best efforts to ensure that the photographic representation of the products on the www.bandybutton.com site is as faithful as possible. It is nevertheless possible that the perception of the products does not correspond completely to the products. The products are sometimes presented in photographs with other products. The description will mention what does or does not form part of the product.
JEJ CONCEPT SASU will not accept any responsibility for any indirect loss connected to present facts, in particular, with regards to a trading loss, loss of profit, loss of opportunity, damage or expenses, which may occur because of the purchase of the products. JEJ CONCEPT SASU cannot be held responsible for any losses of data, files or of the damage defined in the preceding paragraph.
AVAILABILITY OF THE PRODUCTS
JEJ CONCEPT SASU is committed to delivering the orders received only within the limit of the stocks of the product available. In the absence of availability of a product or products, JEJ CONCEPT SASU is committed to informing the Customer as quickly as possible. Availability can vary during the same day according to the level of sales. JEJ CONCEPT SASU carries out very frequent updates of availabilities, but cannot be held responsible if the stock is no longer the same as that which is indicated. More precise information can be given to the Customer by email.
The unavailability of a product is mentioned on the product page concerned or in the shopping basket summary.
The Customer in turn can either ask for the cancellation of the order with a refund of payment within 30 days, or the exchange of the product not available for another product. No cancellation penalty will be applied for such an order cancellation. No cancellation compensation (other than the full repayment of the Order) can be demanded, such an unavailability having resulted from a delay in updating this unavailability.
JEJ CONCEPT SASU cannot be held accountable for the non-fulfillment of an agreed contract in the case of the product being out-of-stock or unavailable, of causes beyond control, of disruptions caused by partial or all-out strikes, in particular of the postal services, transport, and communications, flooding and fires.
ART 6: PRICES
Prices are indicated in Euros and are inclusive of tax, and are applicable only on the date of the confirmation of order sent by the Customer. On an indicative basis, the prices on the site also appear in dollars, but the price to be paid is in Euros and is systematically indicated in a clear way before the confirmation of the order.
The prices do not take account of delivery charges, gift wrapping, possible promotional offers and personal reductions, which will be indicated before the final confirmation of the order.
The prices take into account the French VAT applicable on the day of the ordering, and any change of the statutory rate of VAT will be automatically reflected in the price of the products presented on the site, at the date stipulated by the decree of application. However the prices cannot be modified once the Customer has placed his order. In the same way, if one or more taxes or contributions, in particular environmental tax is suddenly created or modified, whether it rises or falls, such a change will be reflected in the selling price of the articles present on the www.bandybutton.com site.
Orders for delivery to countries outside the European Union are not subject to French VAT. The prices indicated on the website for such orders are free of tax and therefore do not take into account VAT. Nevertheless, these orders are subject to possible taxes and customs fees in the destination country. The prices are shown without taxes. If you are asked to pay customs duties, please note that JEJ CONCEPT SASU will refund you for them.
The customer is also responsible for verifying the possibilities of importing ordered items with respect to the governing laws of the destination country. We recommend the customer contact their local customs authorities for further information
ART 7: PAYMENT
MEANS OF PAYMENT
The Customer can pay his order online by bank card: Carte Bleue, Visa and Eurocard / MasterCard. The Customer guarantees JEJ CONCEPT SASU that he has the necessary authorization to use the mode of payment chosen by him, during the confirmation of the purchase order. The debit for purchases on the customer's account is done at the time of the processing of the order.
JEJ CONCEPT SASU uses all means necessary to ensure the safety and confidentiality of data transmitted online
JEJ CONCEPT SASU reserves the right to suspend the processing and delivery in the case of a payment authorization by bank card being refused by officially accredited organizations or in the case of non-payment. JEJ CONCEPT SASU notably reserves the right to refuse to process and deliver an order placed by a client who has not paid in total a previous order, or with whom a dispute over payment has still not been settled.
Within the framework of a procedure for checking orders intended to make sure that no one uses the banking co-ordinates of another person without his or her knowledge, the Customer may be requested to send proof of identity or proof of residence by fax or email to Bandy Button company. The order will be confirmed only after reception and checking by our services of the details sent. In the absence of reception of these elements within 15 day following the placing of the order, the order will be considered to be automatically cancelled.
The purchase order which the Customer creates online or the confirmation of the order sent by email to the Customer by JEJ CONCEPT SASU does not act as an invoice. The Customer has the original of the invoice in his online account. The invoice does not come with the parcel.
JEJ CONCEPT SASU preserves an electronic example of each invoice.
In the case of a delivery to an address different from the billing address, the invoice for orders is only ever available in the Customer's online account.
TRANSFER OF PROPERTY
JEJ CONCEPT SASU remains owner of the Products delivered until their complete payment by the Customer. The provisions above do not prevent the transfer to the Customer of the risks of loss or deterioration of the Products during delivery as well as of the damage which they could cause.
ART 8: DELIVERY
The geographical area of delivery for items from the www.bandybutton.com is as follows:
- Metropolitan France, Corsica, Monaco
- Rest of the world: The Customer can contact the Bandy Button customer services to have more information on delivery conditions to a specific country in the world.
Products are delivered to the address indicated by the Customer on the purchase order. The Customer must check the exhaustiveness and the conformity of the information which he provides to www.bandybutton.com The latter cannot be held responsible for possible errors of data entry and the consequences in terms of delay or delivery error. In this context, all expenses engaged for the reforwarding of an order will be entirely the responsibility of the Customer.
JEJ CONCEPT SASU cannot be held responsible for delivery delays because of errors or disruptions due to transporters (including in particular in the event of a partial or all-out strike in particular of the mail services, transport and communications).
Orders placed online via the www.bandybutton.com site are dealt with each day from Monday to Friday, except public holiday. JEJ CONCEPT SASU does its utmost to treat and dispatch any order received in 2/3 days. As of reception of the dispatch confirmation email, the Customer can take into account the transportation times mentioned below.
JEJ CONCEPT SASU informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
Transport times depend on the transporter chosen by the Customer and the place of delivery.
JEJ CONCEPT SASU informs Customers of the delivery times on a purely indicative basis, as given by the chosen transporter. Transport charges are given as an indication (for Metropolitan France) at the moment of going to the shopping basket and are confirmed definitively according to the means of transport and the destination of delivery chosen, before the final confirmation of the order.
JEJ CONCEPT SASU informs its Customers that these delivery times do not include Saturdays, Sundays and public holidays.
Delivery times may be considered to be the following:
- If the products are available, the delivery period is equal to the dispatching time (dispatching times paragraph) plus transport time (transport times paragraph).
If it happens that initial delivery times cannot be met, a new delivery time will then be communicated to the Customer, according to the information available to Bandy Button. In this case, an option for the cancellation of the order, with a refund or a credit, will be also made to the Customer.
DELIVERY METHODS IN METROPOLITAN FRANCE
- Standard delivery by Colissimo (usual delivery time of 48h):
This method of delivery makes it possible for the Customer to receive his parcel within 48 hours as from dispatch thanks to La Poste and the expert or Profil Colissimo service (excluding processing and preparation time for the order which can take from 1 to 2 days). Deliveries are carried out from Monday to Saturday morning, excluding public holidays. The charges involved for this option depend on the total weight and volume of the ordered articles.
The parcel is dealt with by La Poste and is delivered upon being signed for at the delivery address indicated by the Customer. In the event of absence at the moment of delivery, a delivery notice will be left at the address of delivery indicated by the Customer, allowing him to collect his parcel from the nearest post office. The parcels are held at the post office for 15 calendar days. In the event of non withdrawal within the time limits allowed by the transporter, the products will be returned to Bandy Button which reserves the right to refund the price of the products, with transport costs being at the charge of the Customer.
The delivery times mentioned here are those which are usually experienced. No refunding of the delivery charges will be given in the event of delivery taking longer than those times indicated.
METHODS OF DELIVERY OUTSIDE METROPOLITAN FRANCE
In Europe and abroad, delivery is carried out via various transporters: Colissimo, Chronopost, UPS, etc. The charges involved depend on the country of destination, and the total weight and volume of the selected articles. The charges and delivery times are indicated to the Customer before the final validation of his order.
The products are packaged so as to respect the standards of transport in force, and to ensure an optimal protection of the products during their delivery. It is requested from the Customer to respect these same standards in the case of a product being returned because of after-sales service or for reasons of suitability. Any damage noted to a product arising from the product not being repackaged properly may lead to an only partial refund, or no refund in the event of the impossibility of resale in its state or in the event of a technical problem indicated having been worsened.
RESPONSIBILITY OF THE CUSTOMER TO CHECK PARCELS UPON RECEPTION
JEJ CONCEPT SASU reminds customers that it is the responsibility of the Customer to inspect his parcels upon reception in the presence of the deliveryman and to notify the transporter as well as JEJ CONCEPT SASU of any anomaly (bumps, damage to the parcel, delivery date not conforming to normal times of the parcel delivery…) within two working days. In the case where such elements are not noted on the delivery slip presented to the Customer by the transporter, no complaint related to the state of the parcel can be accepted a posteriori by JEJ CONCEPT SASU.
DELAYS IN DELIVERY RELATED TO THE TRANSPORTER
In the case of a delay in delivery compared to the times announced by the transporters, the Customer must contact by priority the transporter, or its distribution office in the case of the French post office, to see whether the parcel is not about to be dispatched. If the need arises, the Customer must contact JEJ CONCEPT SASU Customer Services by telephone or email in order to create a file of contention or start an investigation to carry out a search for the parcel.
It can happen that parcels are mislaid by transporters. The times given by transporters require that the Customer declares the loss in the 10 days following the reception of the dispatch notice sent by JEJ CONCEPT SASU .Under these conditions, JEJ CONCEPT SASU accepts the responsibility of contacting the transporter concerned.
If the parcel is found, it will be sent immediately to the residence of the Customer. In the event that the parcel is not found, the Customer will be able to ask that the same product be sent again (subject to availability), at JEJ CONCEPT SASU expense, or be refunded the amount paid. If one or more ordered products are not available at that moment, JEJ CONCEPT SASU will refund the amount paid for the products concerned lost by the transporter.
The Customer must inspect the state of the parcel in the presence of the transporter and note any reserves necessary on the delivery slip in the event of partial or total deterioration. In the absence of noting such points, the product is considered to be accepted by the Customer and cannot be the subject of any dispute concerning its delivery. The Customer must notify JEJ CONCEPT SASU by email so that JEJ CONCEPT SASU can take the necessary measures as quickly as possible.
ART 9: RIGHT OF RETRACTION, RETURN AND EXCHANGE
Within the framework of the sale by correspondence (without the simultaneous physical presence of the parties), according to the Article L 121-20 of the French code of consumption the Customer has the right to a seven-day period to exert his right of retraction without having to pay penalties, except for the costs of returning the goods. This period begins as from the day of reception of the goods by the Customer.
The request to return the goods can be carried out:
- Either by going to the www.bandybutton.com site to the heading "Details on Purchases" in My Account: simply tick the product and the quantities to be returned, explain the reason for the return and validate by clicking on the "Create a Return". The demand for the return will then be studied and replied to by mail. JEJ CONCEPT SASU will then send a return authorization number to be marked on the parcel, as well as the address for returning the items. .
JEJ CONCEPT SASU recommends the Customer to return its products by Colissimo with registered delivery or insurance to the commercial value of the products, guaranteeing him, if necessary, the compensation for the products matching their real commercial value in the event of damage or loss of these goods. In all cases, the return is carried out at the Customer's own risk. It will be up to the customer to preserve any proof of return.
The returned products must be intact, in a perfect state for resale, and in original packing. They cannot have been worn, used or to have suffered even minimum deterioration, and in a state of perfect cleanliness. Any product which is damaged, incomplete, or whose original packing is deteriorated, will be neither refunded nor exchanged. This right of retraction is exerted without penalty, except for the transport charges which remain at the cost of the Customer. In the event of having exercised the right of retraction, the Customer will receive a voucher for the sums paid which can be used against the next order. This voucher is valid for 6 months and is available online in the Customer's account. The Customer can also ask for the sums paid to be refunded directly. In the event of a demand for repayment, JEJ CONCEPT SASU will make all effort to refund the Customer within 30 days.
ART 10: GUARANTEES
In accordance with article 4 of the decree n°78-464 of March 24, 1978 of French law, the present provisions cannot deprive the Customer of the legal guarantee which obliges the professional seller to guarantee him against all consequences of the hidden defects of the item being sold.
ART 11: RESPONSIBILITY
The products on offer confirm to French legislation in force and applicable to norms in France.
JEJ CONCEPT SASU cannot be held responsible in the event of non-observance of legislation in the country where the product is delivered. It is up to the Customer to check with the local authorities on the possibility of importing or using the products which he wishes to order. JEJ CONCEPT SASU cannot be held responsible for inconvenience and losses relating to the use of the Internet, in particular a breakdown in the service, the presence of computer viruses or external intrusions and more generally all cases defined by the courts as outside our control or committed by third parties.
Hypertext links may send out to other sites than that of the www.bandybutton.com site. JEJ CONCEPT SASU refuses any all responsibility if the contents of these sites contravene any laws or rules in force.
ART 12: PERSONAL DATA
Visitors or Customers of the www.bandybutton.com site have a constant right of access, modification, correction and suppression of the data which relate to them in application of article 34 of the French "data-processing & freedoms" law of January 6, 1978.
At the time of customer inscription or ordering, or within the framework of other specific operations, JEJ CONCEPT SASU invites Visitors or Customers to receive its newsletters, its promotional offers, and / or to register to stay informed of its exclusive sales. At any time, the Visitor or Customer can modify his subscription through his personal account, or through the hypertext link appearing at the bottom of the offers received by email.
JEJ CONCEPT SASU is committed to taking into account the modifications of subscription and of withdrawal of subscription to its commercial emails within the shortest possible delay.
JEJ CONCEPT SASU may also invite its Visitors or Customers to receive promotional offers from its partners. For commercial purposes, JEJ CONCEPT SASU can also share with its trade partners the identity and the coordinates of its Users or Customers, only insofar as they have accepted the disclosure of their personal data. The Users and Customers can modify their choices on the www.bandybutton.com site at any time.
www.bandybutton.com uses data acquisition systems such as cookies. Cookies are a computer file stored on the hard disk of the user's computer. Cookies make it possible to announce a preceding visit of the user on the site and to connect the user to his personal data left on the site, in particular in reference to his orders in course. JEJ CONCEPT SASU informs its Customers that the processing of these personal data was the object of a declaration to the French CNIL under number 1309937 of July 31, 2008.
ART 13: INTELLECTUAL PROPERTY
The entirety of the contents (texts, comments, works, illustrations, images, videos, graphics, sounds… including underlying technologies used) posted on this site is reserved under copyright and intellectual property rights for the whole world. For this reason and conforming with the provisions of the French Code of Intellectual Property, only private use is authorized, subject to different provisions which may be even more restrictive from the code of intellectual property. Any other use may constitute pirating and be sanctioned by the law covering intellectual property, except in the case of preliminary authorization by JEJ CONCEPT SASU. Any total or partial reproduction of the JEJ CONCEPT SASU catalogue is strictly prohibited.
ART 14: ENTIRETY OF CONDITIONS
A change of legislation, regulation or a decision of the court rendering invalid one or more clauses of these general sales conditions will not affect the general validity of these Conditions. Such a change cannot in any way make it possible for the Customer not to observe these general sales conditions.
If a condition is not explicitly mentioned, it will be regarded as conforming to usage in the sector of mail order sales by companies based in France.
Relations between JEJ CONCEPT SASU and the Customer are controlled exclusively by the present conditions at the exclusion of any other condition appearing on the www.bandybutton.com site.
ART 15: DURATION AND APPLICATION
The present Conditions apply throughout the time of all online services offered by JEJ CONCEPT SASU. They can be modified at any time by JEJ CONCEPT SASU. The Conditions applicable are those in force on the date of the registration of the order.
ART 16: TERRITORIALITY AND APPLICATION LAW
The sale of products of JEJ CONCEPT SASU is subject to French law. Any dispute relating to the existence, interpretation, execution or breach of the contract concluded between www.bandybutton.com and the Customer, even in the event of a plurality of defendants, will be, in the absence of mutual agreement, the exclusive competence of the tribunals of Paris.