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General terms and conditions of sale

General terms and conditions of sale for the Janod.com website

Updated: September 2022 - Print T&Cs

Article 1 - Definitions

In these general terms and conditions of sale, the terms listed below have the following meanings:

The "Site": The Janod online shop operated by the Seller accessible at the following address www.janod.com
The Site’s legal notices can be found at the following link: Legal information

The "Seller" - "we":

JURATOYS
JURATOYS, simplified joint-stock company with share capital of €1,600,000,
Head office: 13 rue de l’Industrie – 39270 ORGELET, France
RCS of Lons le Saunier 453 389 660
Intra-community VAT number: FR72 453 389 660
Tel : +33 (0)3.84.25.40.26
Fax: +33 (0)3. 84. 25. 44. 84


EPR sector/Unique Identification Number and eco-organisations:
Packaging sector: FR215857_01JBAT (CITEO member).
WEEE sector: FR004457_05DIMP (ECOLOGIC member).
Battery sector: FR004457_064H9B (COREPILE member).
Toy sector: FR215857_12IXIM (ECO-MOBILIER member).

The “Customer” - “you”: Any natural person of legal age and capacity acting as a consumer, i.e. for purposes that do not fall within the scope of his or her commercial, craft, professional or agricultural activity and who places an order on the Site.

The "Product(s)": Any item selected by the Seller offered on the Site.   
     
The "Delivery Area": Metropolitan France (including Corsica), Principality of Monaco, Belgium, Spain (excluding Canary Islands, Ceuta and Melilla), Italy (excluding San Marino, Vaticano, Campione d'Italia and Livigno), Germany (excluding excluding the Island of Heligoland and the Territory of Büsingen).

“Customer Service”: The Seller's department from which you can obtain further information on the Products, terms and conditions of sale, your orders, current deliveries or make a complaint.

Please use the contact forms on the site to contact this department. These can be accessed at any time from " FAQ & Contact " at the bottom of each page on the Site. Each form has been designed to meet specific needs that you may have. They specify the information to be provided and, where appropriate, documents to be attached to enable us to provide you with an effective response.

However, please first consult the Frequently Asked Questions (FAQ), accessible from the " FAQ & Contact "We have listed the most frequently asked questions that you may have.

You can also contact Customer Service:

  • For French-speaking customers: call +33 3.52.80.02.97 (toll-free number) from Monday to Friday (excluding public holidays) from 9:00 am to 5:00 pm or by email at the following address: service-client-janod@juratoys.com.
  • For Spanish-speaking customers: call +34 518 89 93 25 (toll-free number) - you can leave a message and we will call you back - or send an email to atencion-al-cliente@janod.com.
  • For Italian-speaking customers: by sending an email to the following address: servizio-clienti@janod.com.
  • For German-speaking Customers: by email to the following address: kundenservice@janod.com.

Article 2 - Purpose

The purpose of the general terms and conditions of sale is to define the terms and conditions of distance selling of Products between the Seller and the Customer from the Site. Together with the online order, they constitute the contractual documents binding on the parties.

The applicable conditions are those in force on the Site on the date of the order. Please note that these are subject to change without notice. The modified conditions will then be immediately published on the Site. The modified general terms and conditions of sale will have no effect on orders placed before the modification was made. The modifications are only valid for orders placed after the publication of the new general terms and conditions of sale on our Site.

We therefore ask you to consult the general terms and conditions of sale on our website with each order.

Any order implies that you have first read the general sales conditions in force and that you have accepted them without reservation.
You will be able to print/download the current terms and conditions from our Site. Should any of the clauses of the general terms and conditions be null and void as a result of a change in legislation or regulations or as a result of a court decision, this shall in no way affect the validity of and compliance with the other clauses of the general terms and conditions.

Article 3 - Products, prices, ordering

Article 3.1: Products
Each Product is presented by an information sheet which specifies its essential characteristics, in particular its type (category of toy, use, educational interest, appropriate ages, description, if applicable, the  number of pieces, players, etc.), its substantial qualities (materials, dimensions, accessories, etc.), and if applicable, game rules, instructions for use, notices, etc., a photo of the Product and its price. The information sheet also shows the delivery methods offered as well as the associated delivery times and costs.

Each information sheet is prepared with the utmost accuracy and precision in order to provide the most faithful and complete description. However, due to the digital presentation of the Products on the Internet, your perception of the photographic representation of a Product may not match the Product itself exactly, depending, in particular, on the resolution of your screen.

In addition, the Product packaging, and in particular, their graphic charter, changes regularly so it is always up to date and matches our CSR (Corporate Social Responsibility) commitments as closely as possible. We endeavour to keep the visuals of our Products, including their packaging, up to date with the latest version, but they may, temporarily, not be up to date, depending on the exact stock rotation, so you may receive a Product with different packaging from the one shown on the Site on the purchase date (different graphic chart). In any case, we guarantee the same level of packaging quality.

Article 3.2: Price:
The prices are indicated for each Product in euros, all taxes included, excluding delivery costs. Delivery costs are an additional charge. For further details, please refer to article 5.4 "Delivery costs".

The prices charged are those in force on the day the order is placed.
We may change the prices displayed on our Site at any time, but we will apply the prices in effect, which were displayed to you at the time of your order. Price changes are only valid for orders placed after the change.

The current price will be stated before the order is confirmed.

Article 3.3: Ordering - Purchasing process - Withdrawal

Article 3.3.1: Ordering - Purchasing journey
The Customer completes the order by completing the following four steps:

  • Step 1: Log in to your customer account or create a customer account

Orders placed on the Site can only be recorded if a customer account has been created. A customer account can be created at any time from the "Create your account" heading, which is always shown while you navigate the Site.

When you register, you must provide your title, first and last name, email address and select a password.
In particular, you need to provide your contact information. Please review and check this information carefully and make sure to update it if it changes.

The privacy policy, accessible from the Site under the "Personal data" heading or directly from Article 9 "Protection of personal data" of this document, specifies the methods used to process your personal data as part of managing your customer account

  • Step 2: Add the selected Products to your shopping cart.

You can add the Products you have selected to your shopping cart, whether you have created an account or not:

  • When viewing a Product category or subcategory page.
  • When viewing each Product Information Sheet.
  • And you can also add the Product(s) concerned to your cart from the home page during certain Product promotions (new products, good deals, etc.).

A pop-up window showing "HOP, IN MY CART" will confirm that the product has been added to your shopping cart successfully.

  • Step 3: Check the details of your cart and validate.

Your cart can be accessed at any time by clicking on the "cart" icon on the upper right corner of the Site to check, modify or validate it.

The shopping cart gives you a summary of the selections you have made: Product(s) (photo, name, reference), price, discount, quantity. You will be able to identify any input errors and change your selections directly (change quantities, remove a Product).

You will be able to enter any promotional codes that you may have.

The cart summary shows the details of the order, i.e. your selection and the total price to be paid for the Products. You can also access delivery methods and costs from "To find out about the delivery methods available, click here". You can already also find the delivery costs by clicking on the following link: Delivery costs.

Finally, to place an order, you must click on the "Order" button. You can then enter or confirm a delivery and billing address. After clicking on the "Continue" button, you will receive a summary of your order: Products, the total price of the Products including the delivery costs corresponding to your previous choice. By clicking on the second "Checkout" button, you will then be prompted to complete the payment based on the payment method selected.

The payment methods are available on the Site and are detailed in Article 4 "Order payment".

  • Step 4: Payment.

Next, you proceed to payment.

  • Step 5: Conclusion of the contract.

Once payment has been made, an "Order Confirmation" page will appear to confirm that your order has been successfully placed and summarise the details of your order. You will receive email notification that your order has been recorded. Please keep the validation email for your order.
The contract shall be deemed to be concluded between the parties as soon as we have received payment.
In the absence of proof to the contrary, our records constitute proof of the transactions. They will be archived on a durable medium and can be accessed as specified below.
You will be able to print your invoice as soon as your order is confirmed from the confirmation email that will be sent to you or at any time from your customer account in the "Order History" section where the order details are archived. The invoice includes the amount of the bank transaction, detailed and exhaustive list of Products, and the billing and delivery address(es).

Article 3.3.2: Cancellation
We reserve the right to cancel the sale of any Product for good cause, including in the following cases:

  • abnormal, incomplete or incorrect request;
  • communication by the Customer of clearly erroneous data;
  • the Customer’s financial institution refuses authorisation or the Customer blocks bank access;
  • available inventory displayed incorrectly due to a computer problem;
  • on the event of an order placed by a person who can be in the assumed not to be a consumer, such as an abnormally high order;
  • Customer dispute history;
  • or in a case of force majeure as defined in Article 11 "Force majeure".

If your order is affected by any of the above cancellation reasons, we will notify you and provide a refund.

Article 3.3.3 - Right of withdrawal
Article 3.3.3.1 - What is the right of withdrawal?

You have the right to cancel without providing a reason within 14 calendar days from the date of receipt for your order:

  • In the case of single delivery: this period expires fourteen days after the day on which you or a third party designated by you, other than the carrier takes physical possession of the goods;
  • In the case of multiple deliveries for the same order: this period expires fourteen days after the day on which you, or a third party designated by you, other than the carrier takes physical possession of the last item.

If the time limit expires on a Saturday, Sunday or public holiday, it shall be extended until the expiry of the last hour of the next business day.

After this period, the Product shall be deemed to have been accepted.

You will be responsible for the costs associated with the return. Article 3.3.3.3 "Return" specifies the terms and conditions for returns.

In the event of a withdrawal and compliant return, we will refund all payments received from you, including delivery costs, in accordance with the conditions set out in Article 3.3.3.4 "Refund" below.

Article 3.3.3.2 - How to exercise your right of withdrawal
To exercise your right of withdrawal, you must notify us of your intention to exercise this right.
The following options are available:

  • The easiest way to do this is to go to the "Order History" section of your account and click on order details.
  • You can also use the sample withdrawal form reproduced in Appendix 1 hereof and send it to us at the address provided in Article 1 "Definitions" of the general terms and conditions of sale.
  • Or make any other unambiguous statement expressing your wish to withdraw.

In order for the withdrawal period to be respected, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period specified in Article 3.3.3.1 "What is the right of withdrawal".

Article 3.3.3.3 - Returns
After having communicated your decision to withdraw in the manner specified in Article 3.3.3.2 "How to exercise your right of withdrawal", you must return the Product without undue delay and, in any event, no later than 14 days after having communicated your decision to withdraw. This period is deemed to have been observed if you return the goods before the 14-day period has expired.

You will be responsible for the costs of returning the Product.

You have the following options to return the Product:

  • Option 1: Go to your account, and then to the "Order History" section. After clicking on the details of your order, you can file a Product return and receive a return label by email to attach to the package. If you choose this option, you will benefit from the preferential rate we offer of 5 to 8 euros (including VAT) per return label, depending on the country from which the return is made. This amount will be deducted from your refund.
  • Option 2: Go to your account, and then to the "Order History" section. After clicking on order details for your order, you can state you are returning the Product and return it using your own means. To do so, print the return form available under the "Product returns" heading. Please make sure that you place this return form in your parcel.

You are responsible for placing the return. The returned Product must be suitable for resale. Therefore, the Products should not have been handled for any purpose other than assessing whether or not they meet your expectations. Products that need to be assembled (e.g. our kitchens) must not have been damaged during assembly. Also, many of our products are composed of small parts. The protective films and stickers present on some of our Products are intended to ensure the integrity and completeness of the Products. In order to ensure the resale of the Product and to avoid any depreciation, we ask that you ensure that you return the Product complete and, as much as possible, in its original packaging and in a suitable box to avoid any damage during transport (use crumpled paper or bubble wrap for cushioning).

Don't forget to stick your return label on the package (Option 1) or place your completed return form in the package (Option 2).

It is your responsibility to provide proof of this return.

Article 3.3.3.4 - Refunds
Returns can only be accepted for Products that are not depreciated and may even be resold as specified further in article 3.3.3.3 "Returns" above.
If the return is found to be in order, we will refund the full amount of the ordered Product including the order’s delivery.
If you exercise your right of withdrawal on only part of the Products purchased, we will not be obliged to refund the delivery costs, as these are flat rates.

Article 4 - Payment for the order

The price can be paid according to the two following methods:

      1. Payment of the full price at the time of the order. You can choose to pay :

  • by credit card (Visa, Mastercard) or Bancontact.
  • by PayPal.

You can also use a Janod e-gift card. Your e-gift card codes must be entered at the time of payment.


      2. Payment for the order in three instalments without charge (payment method currently not available for payments made from Monaco and Spain): you can pay in three instalments without charge with the payment method offered by our partner Scalapay for all orders between 5 euros and 1000 euros.
Regardless of the payment method, you will automatically be redirected to the banking platform for the payment method selected. No banking information is transmitted via the site.

Article 5 - Delivery

Article 5.1 - Delivery area
All products purchased from the Site can only be delivered in the Delivery Area specified in Article 1 "Definitions".

Article 5.2 - Delivery terms and conditions
Article 5.2.1 - Delivery methods

  • For deliveries in France and the Principality of Monaco:

You have a choice of delivery method*:
- Colissimo - Home delivery without signature
- Colissimo - Delivery to a collection point
- DPD Predict home delivery.
- Delivery to a DPD Pick-up collection point

*Except for bulky Products where only one delivery method is currently offered on our Site (DPD).

  • For deliveries in Belgium:

You have a choice of delivery method*:
- Colissimo - Home delivery without signature
- Colissimo - Delivery to a collection point
- DPD Predict home delivery.

*Except for bulky Products for which only one delivery method is currently offered on our Site (DPD).

  • For deliveries in Spain:

You have a choice of delivery method*:
- Colissimo - Home delivery with signature
- Colissimo - Delivery to a collection point
- DPD Predict home delivery.

*Except for bulky Products for which only one delivery method is currently offered on our Site (DPD).

  • For deliveries in Italy:

You have a choice of delivery method*:
- Colissimo - Home delivery with signature
- DPD Predict home delivery.

*Except for bulky Products for which only one delivery method is currently offered on our Site (DPD).

Please read Article 5.4 to learn more abou the delivery costs and terms and conditions for free delivery.

  • For deliveries in Germany:

You have a choice of delivery method*:
- Colissimo - Home delivery with signature
- DPD Predict home delivery.

*Except for bulky Products for which only one delivery method is currently offered on our Site (DPD).

Please read Article 5.4 to learn more abou the delivery costs and terms and conditions for free delivery.

Article 5.3 - Delivery times
The Products are delivered to the mailing address provided by the Customer during the ordering process.

The delivery times indicated on the Site, can also be found here and correspond to the delivery times for the carrier based on the delivery method that you selected. They do not include time required to process the order. These will then start on the shipping date, which you will be notified of by email. You will also be provided with a delivery tracking number at that time.

Please keep in mind that times indicated are those guaranteed by the carriers under normal conditions. Note that Christmas, p[oor weather, snow, etc. are not considered to be normal conditions. In these exceptional cases, delivery times may be extended longer than usual.

For this reason, we strongly recommend that you make your Christmas purchases, in particular, early.

Article 5.4 - Delivery costs
Delivery costs are charged in addition to the price of the Products.

Delivery costs are specified when you view each Product information sheet and are shown again upon order validation. You can learn about these now by clicking on the following link: Delivery.
Delivery costs are free for Product purchases of 40 euros or more.

Article 5.5 - Late delivery
In the event of a late delivery, you can cancel the contract and obtain a refund for your order. To do so:

  • You must first instruct us to make the delivery within an additional reasonable period. This request must be made by registered letter with return receipt or by any other written method using a durable medium such as email.
  • If the order has still not been delivered by the deadline, you can indicate that you would like to cancel the contract in the same way (registered letter or email).


Under these conditions, the contract will be terminated upon receipt of your letter or email unless you have received your order in the meantime.

Article 5.6 - Precautions - Problems at reception
We would like to inform and alert you about the following points:

Article 5.6.1 - Verify your identity, address, etc.
We recommend that you pay particular attention to the identity and contact details you fill in on the order form, especially the number where we can reach you and the delivery address. Make sure they are accurate and complete.

In the event of an error in the delivery address or in the details regarding your identity, the package will be returned to our warehouses by the carrier with the notice "does not live at the address indicated". In this case, you will be refunded the full amount of your order at the invoiced price excluding delivery. You will still be responsible for the delivery costs (including in cases where the delivery was initially offered to you).

Article 5.6.2 - Make sure you collect your parcel on time
Depending on the transport method selected, the delivery time for your package will vary: please check the FAQ to find out the delivery times and where your package will be available, according to the delivery method.
As indicated in Article "5.6.1 - Check your identity, address, etc." if you do not collect your package within the time limits indicated above you will be refunded for the full amount of your order at the invoiced price excluding delivery. You will still be responsible for the delivery costs (including in cases where the delivery was initially offered to you).

Article 5.6.3 - Check the condition of your package upon receipt
Please check the apparent condition of the package and the Product(s) delivered upon receipt. We recommend that you never accept a damaged package.
In the event of refusal of a parcel in good condition and/or without reason, you will be reimbursed the full amount of your order at the invoiced price excluding delivery. You will still be responsible for the delivery costs (including in cases where the delivery was initially offered to you).

In the event of a problem found upon receipt of your Product(s), please refer to Article 8 "Receipt - Conformity of Products - Returns" where we have listed the different cases that may occur and the procedures to follow.

Article 6 - Retention of title - Transfer of risk

The transfer of risk for the Product(s) takes place upon delivery.

Ownership of the product(s) is transferred to the Customer upon full payment of the price.

Article 7 - Protection of personal data

We take great care to protect the personal data we process and focus our efforts on complying with the principles set out in national and EU legislation on the protection of personal data.
Please consult our privacy policy available at the following link: https://www.janod.com/en/content/24-personal-data-charter

We may also collect your telephone number when you contact us either directly or via the contact forms provided on the Site. This information enables discussion between us, particularly in the context of a complaint. We will not use your telephone number for any other purpose, and specifically, we guarantee that we will not engage in telephone solicitation.
However, we would like to inform you of your right to register on a national do not call list. This service is free of charge.

  • For consumers who reside in France, this is the Bloctel list (http://www.bloctel.gouv.fr/)
  • For consumers who reside in Belgium, this is the "Do Not Call Me" list (https://www.dncm.be/fr/).
  • For consumers who reside in Spain, this is the Robinson list (https://www.listarobinson.es).

Article 8 - Reception - Product Compliance - Returns

Please see the list below showing the various cases which may occur with a problem encountered upon receipt and the procedure to follow in each case.


Your package is damaged.
Remember to check the apparent condition of the package and the Product(s) delivered at the time of receipt. We recommend that you never accept a damaged package.

In order for us to make any claims against the carrier, we ask that you observe a deadline of three days, not including public holidays, from receipt of your order to notify Customer Services of any reservations (damaged package, open package, missing Product, damaged Product, etc.), including as many elements as possible, including photos.

We ask you to use the contact form provided for this purpose available in the "FAQ & Contact" section and under the following link: FAQ & Contact.

The Product you have received does not conform to the contract (colour, technical performance, etc.) or to the quantity, quality and other characteristics legitimately expected.
Article 9.1 "Legal guarantee of conformity" will provide you with all the details necessary to deal with this situation.

The Product you have received has a malfunction.
Article 9.1 "Legal guarantee of conformity" and 8.2 "Legal guarantee of hidden defects" will provide you with all the details necessary to deal with this situation.

You have changed your mind and wish to exercise your right of withdrawal.
You have the right to withdraw without providing a reason within a certain period of time from the date of receipt of your order. Article 3.3.3 "Right of withdrawal" will provide you with all the necessary information about how to exercise this right.

Article 9 - Legal guarantees

The Seller, whose name and address are specified in Article 1 "Definitions", is liable for defects in the conformity of the Product (Legal Guarantee of Conformity) and for hidden defects in the item sold under the conditions provided for in Article 1641 et seq. of the French Civil Code (Guarantee against Hidden Defects).

Article 9.1 - Legal guarantee of conformity

Article 9.1.1 - What is the legal guarantee of conformity?
Scenario 1: You notice a lack of conformity less than two years after delivery of the product:

The lack of conformity concerned:

  • The Product is not in conformity with the contract. This means that the Product does not conform to the description given in the product sheet, the type or quantity ordered, quality, functionality, etc. as provided for in the contract/order. The product is also not compliant if it is delivered without all of its accessories or installation instructions.
  • The Product does not correspond to the quantity, quality and other characteristics, including durability, functionality and safety, which the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods and to public statements made by the Seller, including in advertising or labelling.

In the event that the Product contains such a lack of  conformity, which existed at the time of delivery of the goods, but which may have appeared subsequently, within a maximum period of 2 years from delivery of the goods*1, you may act on the basis of the legal guarantee of conformity in accordance with the following procedures:

Defects which appear within twenty-four months of delivery of the goods shall be presumed to have existed at the time of delivery.

KNOW YOUR RIGHTS:
You have a maximum of 2 years from the delivery of the Product to act on the basis of this guarantee*1.
When you act under the legal guarantee of conformity:
  • You are entitled to have the Product in conformity. That is, you can choose between repairing*2* or replacing the good. There is no charge to the Consumer for this conformity.
  • Or, failing that, you are entitled to a reduction in price or to having the contract rescinded*3.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted*4**.

If necessary, you may also decide to implement the guarantee against hidden defects for the item sold within the meaning of Article 1641 of the French Civil Code according to the terms described below in Article 8.2 "Legal guarantee against hidden defects". Under this scenario, you can choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the French civil code.
*1 For the benefit of consumers who reside in Spain, we would like to make the following clarification: This period is extended to 3 years under the reform of Decreto-legislativo 7 /2021.

*2 Due to the nature of our Products, we only repair Products with spare parts and only certain Products. If the Product, due to its nature, cannot be repaired, we will provide a replacement.

*3 This means that if repair or replacement with an identical Product is not possible, you are entitled to a refund of the Product price. We may ask you to return the Product.

*4** Please note that the Seller does not provide any commercial guarantee in addition to the legal guarantees for its Products.

Scenario 2: You discover a lack of conformity over two years after delivery of the product:
You can no longer benefit from the legal guarantee of conformity.
You may be able to benefit from a guarantee against hidden defects.
We remind you that the Seller does not grant any commercial guarantee in addition to the legal guarantees for its Products.

Article 9.2 - Legal guarantees for hidden defects

Article 9.2.1 - What is the legal guarantee against hidden defects?

Specific case: The Product has a hidden defect.

A helpful clarification of what is considered a product with a hidden defect under the French Civil Code:

Article 1641:
The seller is liable for hidden defects in the item sold which render it unfit for the purpose for which it was intended, or which so diminish that purpose that the buyer would not have acquired it, or would have paid a lower price for it, if he or she had known of them.

KNOW YOUR RIGHTS:
You can decide to implement the guarantee against hidden defects of the item sold: you have 2 years from the discovery of the hidden defect to implement the legal guarantee against hidden defects. The duration of this guarantee is limited to 5 years after purchase.

Scenario 1: The sale took place less than 5 years ago and you claim the guarantee within two years of the discovery of the defect:
Under this scenario, you can choose between the cancellation of the sale or a reduction of the sale price, in accordance with article 1644 of the French civil code.


Scenario 2: The sale took place less than 5 years ago and you are making a claim under the guarantee over two years after the defect was discovered
Under this scenario, your claim is not admissible on this basis.

Scenario 3: The sale took place over 5 years ago.
Under this scenario, your claim is not admissible on this basis.

Article 9.2.2 - How to exercise the legal guarantee against hidden defects
For any complaint relating to a hidden defect in a Product, please go to your account or to the "FAQ & Contact" section where several After-sales service forms are available (Contact forms). Each form specifies the information required to process your claim.

Following analysis of the claim, if it is admissible, you will be able to choose between the cancelation of the sale or a reduction of the price. If the Product is returned, we will pay for and issue a return label.

Article 10 - Seller's liability


We decline all liability, to the fullest extent permitted by applicable law, to the Customer in the following cases:

  • In the case of inappropriate use of the Product;
  • in the case the Product has been modified;
  • in the event of non-compliance with age recommendations for the Product.

Article 11 - Force majeure

Force majeure occurs when the event is beyond the control of one of the parties to the contract, which could not have reasonably foreseen it at the time it was concluded and the effects of which cannot be avoided by appropriate means.

In particular, the following are considered to be cases of force majeure, without this list being exhaustive: war (including civil war), strikes, attacks, fire, flooding, restrictions or provisions imposed by national, European and international authorities, epidemics, pandemics, total or partial interruption or blockage of electrical telecommunications networks, acts of computer piracy, unexpected shortage of stock by our suppliers, as well as any case recognised as such by case law.

Thus, if the non-execution or delay in the execution of the contractual obligations results from a case of force majeure as defined above, the Seller cannot be held responsible.

We will notify you as soon as possible of any inability to perform our contractual obligations that may be a result of a force majeure event.

The performance of the Seller's obligation (in particular, delivery within the period agreed) shall be suspended for the duration of the force majeure event if it is temporary. This means that our deadlines will be extended for a period equivalent to that of the force majeure event. This suspension of obligations shall not, under any circumstances, invoke liability for non-performance of the obligation in question, nor shall it lead to the payment of damages. As soon as the cause of the suspension is over, we will make all reasonable and necessary efforts to resume the normal performance of the contractual obligations. To this end, we will notify you of the resumption of our obligation.

However, if the impediment is permanent, the contract concluded between the Seller and the Customer shall be purely and simply cancelled and the Seller shall proceed with a full refund to the Customer.

Article 12 - Dispute resolution and applicable law

Article 12.1 - Applicable law

These general terms and conditions shall be executed and interpreted in accordance with French law without prejudice to the application of the law of the country in which the Customer has his or her habitual residence when such law would provide greater protection.

Article 12.2 - Dispute resolution

In the event of a dispute, the Customer

  • First sends the complaint to the Customer Service Department in accordance with the terms and conditions set out in this document, according to the case in question.
  • If the dispute cannot be resolved directly with the Customer Service, the Customer has the right to resort to the consumer mediation service free of charge.

*What is consumer mediation?
Consumer mediation is an out-of-court dispute resolution process whereby a consumer and a professional attempt to reach an agreement to resolve a dispute between them amicably, with the help of a third party, the mediator. If the parties fail to reach an amicable agreement, the mediator proposes a solution to settle the dispute.
It is therefore an alternative to often lengthy and costly legal actions. However, the consumer still has the ability to go to court if the mediation is unsuccessful.
Consumer mediation applies to any national or cross-border dispute between a consumer and a professional in the context of the performance of a contract of sale or provision of services.

The Mediator contact we have chosen is: Sas Mediation Solution.

To refer a matter to the Mediator, you must make your request:

- Or in writing to: Ms. Eliane Simon, Mediator

Sas Mediation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Phone: 04 82 53 93 06
    
- Or by email to: contact@sasmediationsolution-conso.fr

- Or by filling in the online form entitled "Referring a matter to the Mediator" on the website: https://www.sasmediationsolution-conso.fr.

Regardless of the means of contact used, the request must contain:

  • Your mailing address, phone number and email address,
  • Our name and address, which you will find in Article 1 "Definitions" of the general terms and conditions of sale under "Seller",
  • A brief statement of the facts,
  • Proof of prior contact with our Customer Service Department.

We would also like to inform you that you can use the Online Dispute Resolution (ODR) platform provided by the European Commission and accessible at the following address ec.europa.eu/consumers/odr.
In addition, we would like to point out that consumers who reside in Belgium also have access to the public mediation service for consumers at the following addresshttp://www.mediationconsommateur.be/fr
In the event that the dispute cannot be resolved amicably, the French courts shall have exclusive jurisdiction or the courts of the Customer's place of residence or, at the Customer's option, the place where the Product was actually delivered.

Article 13 - Used products

Article 13.1 - Products containing electrical or electronic equipment


As a member of the eco-organisation ECOLOGIC (Unique identification number: (e.g. FR004457_05DIMP), we would like to inform you that used electrical and electronic products that we sell, as well as similar products sold by companies other than ours, can be taken back to the collection points specified under the link below, which you will find here.

Appendix


Sample withdrawal form

Attention: [insert name, postal address and, if available, fax number and email address]:

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/for the provision of the services (*) below:

Ordered on (*)/received on (*):

Name of consumer(s) :

Address of consumer(s):

Signature of the consumer(s) (only in case of notification using a paper version of this form):

Date:

(*) Delete as appropriate.