GENERAL SALES CONDITIONS JOLA (FRANCE) SAS (Internet Sales)
1. Scope of Application General Sales Conditions
1.1 These General Sales Conditions apply to all and any distant sales, whether by catalog, internet or else, of JOLA FRANCE S.A.S. having its head office 43, rue de Liège, 75008 Paris (hereafter referred to as JOLA),whether the purchaser is located in France or in any other country. Any modification or special diverging conditions for a sale must be expressly accepted by JOLA in writing.
1.2 Special attention is drawn to the fact that the validation of any order on the Internet website of JOLA by the Purchaser with a mouse click on the corresponding box (hereafter referred to as “validation of the order”) implies the Purchaser’s full acceptance of these General Conditions of Sale.
2. Conclusion of Contract
2.1 Whether the Purchaser has received an offer from JOLA or not before ordering, the sale is concluded when the Purchaser has validated the order and if the Purchaser has received a confirmation of the order. The acceptation of the order will be given in principle within one worked days after the validation of the order. The acceptation may also result from the sending of the products to the Purchaser.
2.2 In case of difference between order and acceptation of the order, the acceptation of the order by JOLA determines the content of the order unless the Purchaser informs JOLA in writing within 8 calendar days after its reception that he refuses the acceptation.
2.3 To the extent permitted by applicable law, and subject to these General Conditions of Sale, after acceptation of the order by JOLA, the order may not be cancelled or modified except upon JOLA’s agreement in writing and provided the Purchaser agrees to pay all cost caused by such cancellation or modification.
3. Content of Contract
The content of offers, estimates and acceptations of orders is strictly limited to deliveries and services expressly mentioned therein.
Pricelists, characteristics and components of products mentioned on the Internet website of JOLA are given as indications. Such indications are not legally binding, unless they have been specified in the offer validated as order.
5. Delivery Reception
5.1 Delivery occurs when the products are at the disposition of the Purchaser at the location specified by the Purchaser in the validation of the order.
5.2 JOLA reserves its right to proceed to partly delivery with partly invoicing without additional transportation fee for the Purchaser.
5.3 In the event the Purchaser does not accept delivery of the products or the products can not be handed over to the Purchaser at the location specified by the Purchaser, the products shall be stored at any location chosen by JOLA at the Purchaser’s cost and risk, JOLA shall not be held liable for such storage for whatever reason.
5.4 Subject to the provisions of article 11, in the event the Purchaser estimates that the products are defective or are not in conformity with the specifications of the order, the Purchaser shall inform JOLA within eight calendar days after delivery by registered mail with return receipt requested. The failure of the Purchaser to respect this formality will preclude from any action against JOLA. The purchaser must submit any supporting evidence to prove the defects or non-conformity.
5.5 Any return of products presenting apparent defaults or being non-conform is subject to JOLA’s agreement in writing. Purchaser bears transportation fees and the risk of the products during the transportation. No product return shall be accepted 30 working days after the delivery of the Products. In case of product return accepted by JOLA, the Purchaser will receive a credit note upon verification by JOLA with respect to quantity and to quality of the returned products.
6. Transfer of risk
Except as otherwise provided in the offer or in the acceptation of the order, the Purchaser shall bear the risk of deterioration and lost of products after delivery of the products at the location indicated by the Purchaser. The Purchaser shall also be liable for any damages caused by the products after delivery.
7. Delay in delivery
7.1 Deliveries are made according to availability in the order of arrival and upon payment of the order. Delivery dates have no contractual value and are simple indications taking into account supply of products and transportation capacities of JOLA. Deliveries within 15 days after the indicated delivery date do not entitle to cancel any orders.
7.2 The Purchaser shall not be entitled to claim damages for delay in delivery for whatever reason.
Unless otherwise agreed on, prices specified in offers or in the acceptation of orders are the prices valid at the date of the order and are net prices, packaging included.
Transportation fees will be invoiced to Purchaser at cost. Shipping is free of charge for any order of 50 € VAT included or more sent to metropolitan France and for any order of 70€ VAT included or more sent to Europe (EU, EEA and the United Kingdom). Any tax, customs or other that have to be paid in conformity with French regulations or regulations of the country of destination or of transit are to be paid by the Purchaser and may be added to the above-mentioned net price.
An invoice is issued for any delivery simultaneously with the delivery.
10. Payment Conditions
10.1 Unless otherwise agreed on in the offer or in the acceptation of the order, invoices are prepaid either by credit or payment card on the internet website using secured payment methods or by check sent to JOLA’s head office in France. In the event payment upon delivery is exceptionally admitted, the products are subject to title retention according to the provisions of Articles 2367 et seq. of the French Civil Code until complete payment.
10.2 In case of payment failure or delay in payment, JOLA may suspend the execution of all orders of the Purchaser until complete payment. Furthermore, in the event no payment is done within 15 calendar days after the acceptation of the order, JOLA may, if considered reasonable by it, consider the order as cancelled.
11. Right to withdraw
According to the provisions of the French Consumer Code, the Purchaser may return the products within fourteen days after delivery, transportation fees being at the Purchaser’s charge. The Purchaser shall use the withdrawal form attached to the order, to inform JOLA about the withdrawal by email or fax. The goods must be returned to JOLA not later than 14 days after this notification of withdrawal. JOLA reserves its right to refuse returned products in the event transportation fees have not been entirely paid by the Purchaser. A sample is sent with the products, which permits to test the product without destroying packaging. JOLA may refuse products in the event the products are not in their original packaging and/or in the event bottles have been opened.
JOLA reimburses the purchase price within 15 days after reception of the returned product to the Purchaser. Reimbursement will be made by the same method as the payment of the order
In case of delay for return of more than the above-mentioned 14 days period or non-payment of entire transportation fee, the sale is considered valid and JOLA has no obligation to reimburse the purchase price.
12.1 All products sold by JOLA benefit from legal warranty of conformit and the warranty against hidden defects, permitting the Purchaser to return free of charge defect or non-conform products.
Within the legal warranty, JOLA undertakes after assessment of the defect, to:
• Reimburse the entire price of the returned product, or
• Reimburse part of the price if the Purchaser wishes to keep the product..
JOLA excludes expressly any other warranty and compensation for whatever reason.
Are further excluded from warranty products modified, repaired, integrated or added py the Purchaser. Warranty is also excluded products damaged during shipping or due to inpropper use.
12.2 In case of legal warranty for non-conformity, the Purchaser can act during two years after delivery, in case of hidden defect, the Purchaser can act within two years after discovery of the hidden defect.
12.3 For any inquiry concerning legal warranty, the Purchaser shall contact our Customer Service though the « contact us » on JOLA’s website or by phone under following number 09 79 71 98 75 or +339 7971 9875 from abroad. These provisions are without prejudice to the above-mentioned right to withdraw of Article 11.
13. Force majeure
13.1 In an event of force majeure, or circumstances such as fire, flooding, strike, whether concerning JOLA or any of its suppliers, mobilisation, requisitions, embargo, impossibility to be delivered making it impossible or unreasonably onerous for JOLA to comply with its obligations related to the order, delivery will be postponed for the duration of such events and will be executed spontaneously upon their termination. JOLA shall inform the Purchaser of the occurrence of such event as soon as possible and of its termination,
13.2 In the event such incident makes it impossible to comply with the contract for a period of three subsequent months, each party may terminate the sale by simply notifying the other party in writing of such termination without any compensation being due for such termination.
14. Personal Data Protection
These General Conditions of Sale are subject to internal French law. The application of the CISG is expressly excluded. Any dispute arising in connection with the order shall be brought before the Paris Courts having exclusive jurisdiction, even in case of appeal or of several plaintiffs or defendants.