Terms and Conditions
Version of 09/28/2024
PRELIMINARY ARTICLE
The company JANY MARCELLE, a simplified joint stock company with capital of €1,000, whose registered office is located at 231 rue Saint-Honoré, 75001 Paris, France, is registered in the Paris Trade and Companies Register under number 929 621 944.
Telephone: +33 1 89 70 77 26, email: contact@janymarcelle.com, intra-community VAT number: FR 26 929 621 944.
JANY MARCELLE designs and markets jewelry items under the Jany Marcelle brand. The company offers a selection of items for sale remotely via its website accessible at the following address: "www.janymarcelle.com".
ARTICLE 1: DEFINITIONS AND SCOPE OF APPLICATION
1.1 Definitions
The terms below, when preceded by a capital letter, will have the following meanings: “Articles”: any product offered for sale on the Site.
“Order”: any request for Products made and validated by the user on the website www.janymarcelle.com
“General Conditions of Sale”: these general conditions of sale.
“Products”: the item(s) ordered by the Customer.
“Site”: the website www.janymarcelle.com.
“Company”: the company JANY MARCELLE.
“Customer(s) or User(s)”: any person using the Site with the intention of ordering or purchasing Products offered by the Company.
1.2 Scope of application
These general terms and conditions of sale govern all transactions concluded via the Site between the Company and end customers, acting exclusively as consumers. They are reserved for consumers as defined by law and case law, residents of the European Economic Area and acting on their own behalf.
These conditions apply to all sales of Products made by JANY MARCELLE via the website www.janymarcelle.com. Any order placed on the Site implies unconditional acceptance of these conditions. When confirming the order, the Customer must check the box confirming that he/she has read the General Conditions of Sale and that he/she fully accepts them.
In accordance with Article 1127-1 of the Civil Code, these conditions may be consulted, saved or printed by any User of the Site. JANY MARCELLE reserves the right to modify them at any time. The applicable conditions are those in force on the date of validation of the Order.
This information complies with the legal obligations in force, in particular those of articles L.111-1 and L.111-2 of the Consumer Code. The essential characteristics of the Products as well as their prices are available on the site “www.janymarcelle.com”.
These General Terms and Conditions of Sale replace any previous version, unless expressly stipulated otherwise. Validation of the order implies full acceptance of these conditions. Acceptance of the conditions is done by clicking on the box provided for this purpose or on the hyperlink. Without this acceptance, the order process cannot be finalized.
Users are advised to read these terms and conditions carefully, available via a link at the bottom of each page of the Site. It is recommended to save or print them for reference. Any changes to the terms and conditions will not apply to orders validated before the changes come into force.
These General Conditions of Sale will also be sent to you by e-mail with the confirmation of your order.
ARTICLES 2: PRICE OF ARTICLES
The price of the product(s) sold is the one in effect and displayed on the Site on the date of validation of the payment of the order. Prices are indicated in euros, all taxes included (TTC).
All orders placed by customers residing in the European Economic Area (EEA) must be paid in euros.
exclusively.
Orders placed by customers outside the European Economic Area are payable in US dollars only.
In the event of any customs duties, local taxes, import duties or state taxes payable, these costs shall be borne entirely by the Customer.
The Company shall not be held liable for these charges under any circumstances.
The Company reserves the right to modify its prices at any time. However, the products will be invoiced on the basis of the rates in effect on the date of payment of the order.
ARTICLES 3: METHOD OF PAYMENT
Payment for purchases made on the Site can be made by credit card (Visa, Mastercard, American Express). The Customer also has the option of paying via the online payment systems PayPal and Apple Pay.
For orders with delivery outside the European Economic Area, only American Express card payments are accepted.
Any fraudulent use of a bank card belonging to a third party, without their consent, or the contestation of a payment for fraudulent purposes, constitutes fraud, in accordance with Article 313-1 of the Penal Code. This offense is punishable by five years
imprisonment and a fine of 375,000 euros. Advanced technologies are used to detect and prevent fraud attempts.
For payments by credit card, the Customer's identity may be verified to ensure that it corresponds to the cardholder. In case of doubt, proof of identity may be requested by fax, e-mail or mail.
ARTICLE 4: ORDERS
Orders placed on the Site are subject to the procedures described below.
4.1 Selection of Articles
The Customer selects the items available for sale on the Site, as well as their quantity, that he wishes to purchase. Each item can be added to the basket by clicking on the "Add to basket" button. For rings and bracelets, the Customer must select the desired size before adding to the basket. This basket does not in itself constitute an order binding on JANY MARCELLE. Once the selection of items is complete, the Customer must confirm the contents of the basket and place the order.
4.2 Customer Identification
A customer account is required for any order on the Site. If the Customer already has an account, he/she identifies himself/herself with his/her email address and password. Otherwise, he/she must create one by providing accurate information, such as his/her identity and contact details, as well as a valid email address and a password. After registering the account, a confirmation email is sent to the Customer. Identifiers and passwords are strictly personal, and each Customer undertakes to keep them secure and not to share them with third parties.
4.3 Validation of the Order
Before final validation, the Customer has the possibility to check the details of his order (total price, delivery method) and to correct any errors. Any validated order entails an obligation to pay. To finalize the order, the Customer must click on "Proceed to payment". Once the order has been validated, JANY MARCELLE acknowledges receipt by e-mail. The order confirmation is sent once the payment has been made. This document includes the order number, the total amount, the delivery information, and the characteristics of the items purchased. The Customer is recommended to keep this confirmation on paper or electronic media.
4.4 Availability of Articles
The items available for sale are those presented on the Site at the time of consultation, within the limit of available stocks.
Jewelry items, requiring handcrafting, may take between 4 to 6 weeks before delivery. JANY MARCELLE reserves the right to withdraw items from sale at any time.
In the event of total or partial unavailability of an item after validation of the order, the Customer will be informed by e-mail. If the order is cancelled, a full refund will be made within a maximum of fourteen days following the cancellation.
ARTICLE 5: DELIVERY AND RECEIPT
5.1 General rules
The Items will be delivered to the delivery address indicated by the Customer when ordering ("Delivery Address"). No deliveries will be made to hotels, transit agencies, campuses, relay points or PO boxes. Delivery will only be made after full payment of the Order amount by JANY MARCELLE. If payment is not validated, no delivery will be made.
The delivery terms and associated costs are indicated on the shopping cart validation page and summarized before payment of the Order. These delivery costs are added to the total price and are communicated to the Customer before final validation.
The products will be delivered to the address provided by the Customer. If several items are ordered, JANY MARCELLE reserves the right to make separate deliveries at no additional cost to the Customer. Delivery will be initiated after verification of payment, in particular for payments by debit card.
5.2 Delivery methods
The Items are shipped by the JANY MARCELLE carrier to the address indicated by the Customer, with delivery tracking. A tracking number is assigned to each order, and the Customer can track the delivery of their package via their customer account on the Site, using the link provided by the carrier.
Delivery delays may occur beyond our control, due to several factors: custom manufacturing, unforeseen circumstances, remote delivery area, or traffic problems.
In the event of a delay or impossibility of respecting the delivery date or slot chosen by the Customer, JANY MARCELLE will inform the Customer and offer to set a new delivery date or slot, or to cancel the order with a full refund of the amount paid.
Deliveries are not made on Saturdays, Sundays or public holidays. Delivery costs are those indicated at the time of ordering, depending on the delivery area selected.
To ensure that deadlines are met, the Customer must provide precise and complete information on the delivery address (in particular street number, building, staircase, access codes, intercom, etc.).
The risks relating to the products are the responsibility of JANY MARCELLE until their delivery to the address provided by the Customer. From this moment, the Customer becomes responsible for them.
ARTICLE 6: PROTECTION OF PERSONAL DATA
JANY MARCELLE collects the personal data of the Customer and, if necessary, those of the recipient of the Order. The information requested is essential for processing orders and issuing invoices. It may be transmitted to JANY MARCELLE's partners responsible for the execution, processing, management and payment of orders.
The processing of data transmitted via the Site complies with legal obligations regarding the protection of personal data, with an information system guaranteeing optimal security. JANY MARCELLE undertakes to take all necessary measures to ensure the protection of its customers' personal information and orders.
ARTICLE 7: RETENTION OF TITLE CLAUSE
The products remain the exclusive property of JANY MARCELLE until full payment of the price, including principal, fees, taxes and mandatory contributions.
ARTICLE 8: APPLICABLE LAW
This contract is governed by French law.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
The use, even partial, of the Site (downloading, reproduction, transmission or representation) for purposes other than personal and non-commercial is prohibited. Any infringement exposes the author to sanctions provided for by the Intellectual Property Code,
in particular for counterfeiting (articles L.335-1 et seq. for copyright, and L.716-1 et seq. for trademarks), as well as by the Civil Code in matters of civil liability (articles 1382 et seq.).
Likewise, copyrights, designs, models and patents remain the exclusive property of JANY MARCELLE.
The creation of hypertext links to a page or element of the Site requires prior written authorization from JANY MARCELLE, which reserves the right to revoke it at any time. Sites containing links to the Site or to which the Site would refer are not under the control of JANY MARCELLE, which declines all responsibility concerning their content or access.
ARTICLE 10: RIGHT OF WITHDRAWAL
The customer has a right of withdrawal allowing him to return the products delivered by JANY MARCELLE, for an exchange, without penalty, within fourteen days of receipt of the order.
Returned products must be complete, in perfect condition, and returned in their original packaging. The right of withdrawal does not apply to personalized goods, items made to measure according to the customer's specifications, products likely to deteriorate or expire quickly, or those which, by their nature, cannot be returned.
To exercise this right, the customer must notify JANY MARCELLE of his decision to withdraw by a clear and unambiguous statement (for example, by post, fax or e-mail). It is sufficient that this notification is sent before the expiry of the fourteen-day period.
The customer must return the products without undue delay and no later than fourteen days after informing JANY MARCELLE of his decision to withdraw. The return costs are the responsibility of the customer.
ARTICLE 11: GUARANTEES
Legal guarantee of conformity and defects of products:
In accordance with the law, JANY MARCELLE is required to respect the legal guarantees of conformity of goods, as defined in article L217-4 of the Consumer Code, as well as the guarantee against hidden defects, provided for by article 1641 of the Civil Code.
In the event of non-conformity of the product, the consumer has a period of two years from the date of delivery to exercise his rights. He can choose between repair or replacement of the product, subject to the conditions set out in Article L217-9 of the Consumer Code. During the twenty-four months following delivery, the customer is not required to prove the existence of the lack of conformity.
This legal guarantee applies independently of any possible commercial guarantee and the guarantee against hidden defects. According to article 1641 of the Civil Code, in the event of a hidden defect, the customer may request the resolution of the sale or a reduction in the price, in accordance with article 1644 of the Civil Code.
Guarantee against hidden defects:
The provisions of the Civil Code relating to hidden defects are as follows:
Article 1641: The seller is required to guarantee hidden defects in the product which make it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have purchased it, or would have offered a lower price, if he had been aware of them.
Article 1648, paragraph 1: Legal action for hidden defects must be brought within two years of discovery
of vice.
Article 2232: The suspension, interruption or postponement of the limitation period may not in any case extend the duration of the limitation period beyond twenty years from the day on which the claim arose, except for the exceptions provided for in Articles 2226, 2226-1, 2227, 2233 and 2236, as well as in Article 2241 and Article 2244 of the Civil Code. This rule does not apply to actions relating to the status of persons.
ARTICLE 12: COMPLAINTS AND INFORMATION
For any request for information, complaint or question concerning these General Conditions of Sale or the products, Customers are invited to contact JANY MARCELLE customer service via the contact form available on the Site, specifying, if necessary, their order number.