These General Terms and Conditions of Sale (“GTC”) apply, without restriction or reservation, to all sales concluded by SAS JACOULOT (hereinafter the “Seller”), whose registered office is located at LA GARE - 71570 ROMANECHE-THORINS (FRANCE), registered with the MACON Trade and Companies Register under number 401 484 183 (hereinafter the “Seller” or “SAS JACOULOT”) with a consumer or non-professional customer within the meaning of the preliminary article of the French Consumer Code (hereinafter the “Customer”) on the website https://jacoulot.com (hereinafter the “Site”).
These GTC apply to the exclusion of all other terms and conditions.
These GTC may be supplemented by specific terms and conditions, stated on the Site, prior to any transaction with the Customer.
These General Terms and Conditions of Sale are systematically communicated to every Customer prior to placing an order and shall prevail, where applicable, over any other version or any other contradictory document.
They are accessible at all times on the Site.
The Customer declares that they have read these GTC and accepted them before placing their order. Validation of the order by the Customer constitutes acceptance, without restriction or reservation, of these GTC.
As these GTC may be subject to subsequent amendments, the version applicable to the Customer's purchase is the version in force on the website on the date the order is placed.
Unless proven otherwise, the data recorded, where applicable, in the Seller's computer system constitutes proof of all transactions concluded with the Customer.
The contact details of SAS JACOULOT are as follows:
SAS JACOULOT
LA GARE - 71570 ROMANECHE-THORINS (FRANCE)
Tel.: +33 (0)3 85 35 51 85
Email: iinfo@jacoulot.fr
The Customer is informed that the sale of alcohol is strictly prohibited to persons under eighteen (18) years of age. Only an adult may order an alcoholic beverage from the Seller.
The Customer acknowledges that they have the required capacity to enter into contracts and purchase the products offered on the Site.
It is the Customer's responsibility to select on the Site the products they wish to order, according to the following procedures:
It is the Customer's responsibility to check the details of their order and its total price and to correct any errors before confirming their acceptance. It is their responsibility to verify the accuracy of the order and to report or correct any error immediately.
An order is registered on the Site when the Customer accepts these GTC by ticking the box provided for this purpose and validates their order.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to payment for a previous order.
The Seller addresses consumers making purchases for their own consumption and shall be entitled to refuse any order whose volume is excessive.
It is recalled that the photographs and graphics presented on the website, catalogues and advertising documents are not contractual and shall not incur the Seller's liability. The Customer is required to refer to the description of each Product in order to ascertain its essential properties and characteristics.
By way of derogation from the provisions of Article 1587 of the French Civil Code, the sale is firm and final without approval of the product by the Customer, who waives the right to make the purchase conditional upon prior tasting. This waiver of the right of approval does not affect the Customer's right to exercise their right of withdrawal or the statutory warranties against hidden defects and/or lack of conformity, where applicable.
The Products are supplied at the prices in force displayed on the Site on the date the order is placed by the Customer.
Prices are expressed in Euros (€) and displayed inclusive of all taxes. VAT is applied at the rate in force at the time the Order is placed.
The Seller reserves the right to change the prices of its products at any time. Unless otherwise stated, they do not include processing, shipping, transport and delivery costs, which are invoiced in addition, under the conditions indicated prior to placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
The price is payable in full, on the date the order is placed by the Customer, by secure payment by bank card or bank transfer.
Delivery will be initiated once the bank transfer has been recorded.
In order to ensure payment security, the Site uses a secure payment service. This service incorporates the TSL security standard (cryptographic protocol).
When a payment transaction is initiated, TLS technology is activated to maintain a secure connection and protect data. This solution enables the Customer to purchase Gift Vouchers securely. The Customer's bank details do not pass through the Site and are transmitted directly to the online payment solution.
The Products offered on the Site may be delivered in mainland France, as well as to the following countries: Germany, Austria, Belgium, Spain, Italy, Luxembourg, the Netherlands and Portugal.
For any delivery to another country or to an area not covered by the destinations listed above, the Customer is invited to contact SAS JACOULOT. A specific quotation may then be prepared depending on the requested delivery location.
The Products ordered by the Customer will be delivered to the address provided by the Customer when placing their order on the Site, within the shipping time indicated when the order is confirmed or, failing this, no later than 30 days after order confirmation.
Delivery is constituted by the transfer to the Customer of physical possession or control of the product.
The Seller undertakes to use its best efforts to deliver the products ordered by the Customer within the time limits specified above.
If the products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure, the Customer may notify the Seller, under the conditions provided for in Art. L 216-6 of the French Consumer Code:
Termination may be immediate if the Seller refuses to perform or if it is clear that the Seller will not be able to deliver the products, or if compliance with the delivery period constituted an essential condition of the sale for the Customer.
In the event of termination of the sale, the sums paid by the Customer shall be refunded no later than fourteen days following the date on which the contract is terminated, without prejudice to any damages that may be awarded to the Customer.
The Customer is required to check the condition of the products delivered and to make any reservations in the presence of the carrier.
Without prejudice to the provisions relating to the statutory warranties set out below, the Customer has a period of three (3) days from delivery to submit by email (info@jacoulout.fr) or by post any reservations or claims relating to non-conformity or apparent defects in the Products delivered (for example, damaged parcel, already opened, etc.), together with all relevant supporting documents (photographs in particular). After this period and if these formalities have not been complied with, the products shall be deemed compliant and free from any apparent defect and no claim may validly be accepted by the Seller. It is recalled that the absence of reservations made by the Customer upon delivery of the products does not exempt the Seller from the statutory warranty of conformity, as described below.
For any delivery outside the European Union, customs duties, import taxes and other possible charges may be payable upon arrival of the Products in the destination country.
These costs are borne exclusively by the Customer and are their responsibility, both in terms of declaration and payment to the competent authorities of the country concerned.
It is the Customer's responsibility to obtain information from the competent local authorities regarding any restrictions on the import of the Products ordered, as well as the applicable customs formalities.
In the event that the Customer refuses the goods due to customs charges, the return costs and all associated costs shall remain payable by the Customer.
Ownership of the Products shall only be transferred from the Seller to the Customer after full payment of the price by the latter, regardless of the delivery date of said Products.
Regardless of the date on which ownership of the Products is transferred, the risks of loss and deterioration relating thereto shall only be transferred when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk.
The content of the Site is the property of the Seller and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement offence.
The Seller undertakes to deliver goods that comply with the contractual description and with the criteria set out in Article L217-5 of the French Consumer Code. The Seller is liable for any lack of conformity existing at the time the Products are delivered and which appears within a period of two (2) years from delivery.
This warranty period applies without prejudice to Articles 2224 et seq. of the French Civil Code, the limitation period beginning on the date on which the Customer becomes aware of the lack of conformity.
Any lack of conformity appearing within twenty-four (24) months from delivery of the Products is, unless proven otherwise, presumed to have existed at the time of delivery.
In the event of a lack of conformity, the Customer may require the Products delivered to be brought into conformity by repair or replacement or, failing this, a reduction in price or termination of the sale, under the conditions provided by law.
The Customer may also suspend payment of all or part of the price or delivery of the benefit provided for under the contract until the Seller has fulfilled its obligations under the statutory warranty of conformity, under the conditions of Articles1219 and 1220 of the French Civil Code.
It is the Customer's responsibility to request that the Seller bring the Products into conformity, choosing between repair and replacement. The goods shall be brought into conformity within a period not exceeding thirty (30) days following the Customer's request.
The repair or replacement of the non-compliant Product includes, where applicable, its removal and collection as well as the installation of the Product brought into conformity or replaced.
Any Product brought into conformity under the statutory warranty of conformity benefits from a six (6) month extension of this warranty.
In the event of replacement of the non-compliant Product where, despite the Customer's choice, the Seller has not brought the Product into conformity, the replacement shall give rise, for the benefit of the Customer, to a new statutory warranty of conformity period commencing on the date of delivery of the replacement Product.
If the requested bringing into conformity is impossible or entails disproportionate costs under the conditions provided for in Article L 217-12 of the French Consumer Code, the Seller may refuse it. If the conditions provided for in Article L 217-12 of the French Consumer Code are not met, the Customer may, after formal notice, seek forced performance in kind of the solution initially requested, in accordance with Articles 1221 et seq. of the French Civil Code.
The Customer may finally require a price reduction or termination of the sale (unless the lack of conformity is minor) in the cases provided for in Article L 217-14 of the French Consumer Code.
Where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the sale, the Customer is not required to request the repair or replacement of the non-compliant Product beforehand.
The price reduction shall be proportionate to the difference between the value of the Product delivered and the value that the goods would have had in the absence of the lack of conformity.
In the event of termination of the sale, the Customer shall be refunded the price paid in return for returning the non-compliant Products to the Seller, at the Seller's expense.
The refund shall be made upon receipt of the non-compliant Product or proof of its return by the Customer and no later than fourteen (14) days thereafter, using the same means of payment as that used by the Customer for payment, unless expressly agreed otherwise by the Customer and, in any event, at no additional cost.
The foregoing provisions are without prejudice to any award of damages to the Customer for losses suffered as a result of the lack of conformity.
The Seller is liable for hidden defects under the statutory warranty against hidden defects arising from a defect in material, design or manufacture affecting the products delivered and rendering them unfit for use.
The Customer may decide to invoke the warranty against hidden defects in the Products in accordance with Article 1641 of the French Civil Code; in this case, the Customer may choose between termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
The Seller shall not be held liable in the following cases:
It is recalled that the Products marketed by the Seller are fragile products and must be stored under appropriate conditions (temperature, etc.).
The consumer has a period of two years from delivery of the goods to obtain implementation of the statutory warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. Where the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the statutory warranty applies to that digital content or digital service throughout the planned supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or digital service and not the date on which it appeared.
The statutory warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The statutory warranty of conformity entitles the consumer to the repair or replacement of the goods within thirty days following their request, free of charge and without significant inconvenience to them.
If the goods are repaired under the statutory warranty of conformity, the consumer benefits from a six-month extension of the initial warranty.
If the consumer requests repair of the goods but the seller imposes replacement, the statutory warranty of conformity is renewed for a period of two years from the date the goods are replaced.
The consumer may obtain a reduction in the purchase price while retaining the goods or terminate the contract and obtain a full refund in return for returning the goods if:1° The professional refuses to repair or replace the goods;2° The repair or replacement of the goods takes place after a period of thirty days;3° The repair or replacement of the goods causes significant inconvenience to the consumer, in particular where the consumer definitively bears the costs of taking back or removing the non-compliant goods, or where they bear the costs of installing the repaired or replacement goods;4° The lack of conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The consumer is also entitled to a reduction in the price of the goods or termination of the contract where the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. The consumer is then not required to request the repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for the purpose of repair or replacement suspends the remaining warranty period until delivery of the repaired goods.
The rights referred to above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who, in bad faith, obstructs the implementation of the statutory warranty of conformity is liable to a civil fine of a maximum amount of 300,000 euros, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory warranty against hidden defects pursuant to Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if the goods are retained or to a full refund in return for the return of the goods
In accordance with the applicable legal provisions, the Customer has a period of fourteen (14) days from receipt of the Products to exercise their right of withdrawal with the Seller, without having to provide reasons or pay any penalty, for exchange or refund, provided that the Products are returned in their original packaging and in perfect condition within fourteen (14) days following notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original and complete condition, allowing them to be placed back on the market as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be accepted.
The right of withdrawal may be exercised:
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs shall be refunded; the return costs shall remain payable by the Customer.
The refund shall be made within fourteen (14) days from notification to the Seller of the decision to withdraw.
In connection with the performance of these terms and conditions, the Seller collects and processes certain personal data relating to the Customer.
The Customer is invited to consult the Privacy Policy to learn about the conditions under which their personal data is processed and their rights.
By express agreement, these GTC and their consequences are governed by French law. Unless otherwise provided by mandatory provisions, any dispute relating to the performance of these terms and conditions and their consequences shall be submitted to the French Courts.
In the event of a dispute relating to an order, delivery or performance of the Contract, the Customer is invited to contact SAS JACOULOT in the first instance in order to seek an amicable solution.
The Customer is informed that, in any event, they may have recourse to conventional mediation, in particular through the Consumer Mediation Commission (French Consumer Code, Art. L 612-1) or through existing sector-specific mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
In all circumstances, the Customer retains the right to bring the dispute before the competent courts.
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of SAS JACOULOT, LA GARE - 71570 ROMANECHE-THORINS (FRANCE)
I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods below: Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is submitted on paper):
Date:
(*) Delete as appropriate.