GENERAL CONDITIONS OF SALE
PREAMBLE
www.jijistudio.fr (“the Website”) is published by the company JIJI Studio - SAS LUCY with a capital of 71,000 euros, whose registered office is located at 94, boulevard de Sébastopol 75003 PARIS, registered with the Paris Trade and Companies Register under number 410 504 336 (hereinafter “JIJI Studio”).
I - APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter the "GTC") apply exclusively to all sales of products and services concluded via the Website https://www.jijistudio.fr (the "Articles") between JIJI Studio and any natural person having the status of consumer or non-professional, and holding full legal capacity (the "Customer").
The Customer is subject, prior to any order (the “Order”), to reading and accepting these General Conditions of Sale, the GTC being available on the Website.
The T&Cs are accessible via the dedicated menu on the Website and the hyperlink presented before any purchase and acceptance of the T&Cs by the Customer.
JIJI Studio reserves the right to adapt or modify these General Terms and Conditions at any time. The version of the General Terms and Conditions applicable to any sale is that appearing online on the Website www.jijistudio.fr at the time of the order in question. Consequently, placing an order requires the Customer's full and prior acceptance, without reservation, of these General Terms and Conditions by checking the box "I accept the general conditions and the confidentiality policy".
The General Terms and Conditions are binding on the Customer who acknowledges, by making payment, having read and accepted them before placing an order.
These T&Cs take precedence over any other document.
II - INFORMATION ON THE WEBSITE AND ACCESSIBILITY OF THE WEBSITE
www.jijistudio.fr is an e-commerce site owned and operated by JIJI Studio.
The Website is open to all users of the Internet network in principle and accessible 24/7, except for interruption, scheduled or not, by JIJI Studio or its service providers, for maintenance purposes or in cases of force majeure (as defined herein). JIJI Studio cannot be held responsible for any damage, whatever its nature, resulting from unavailability of the Website.
JIJI Studio does not guarantee that the Website will be free from anomalies, errors or bugs, nor that the Website will operate without failure or interruption. In this regard, it may freely and at its sole discretion determine any period of unavailability of the Website or its content. JIJI Studio cannot be held responsible for data transmission problems, connection problems or network unavailability.
III - WARNING
The sale of Articles on the Website is exclusively reserved for retail sale and to individuals.
Under no circumstances may the Website be used by professional seller Customers, alone or in groups, regardless of the method of marketing their products (online marketplaces, shopping malls, intermediaries, physical stores in particular). The Customer therefore acknowledges and accepts that the Items may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of Items ordered in a single order and the number of individual Orders respecting the usual quantity of an average consumer placed for the same product. JIJI Studio reserves the right to refuse an order clearly validated by a professional seller Customer.
All Customers declare that they are aware of the unreliability of the Internet network, particularly in terms of relative security in the transmission of data, unguaranteed continuity in access to the Website, unguaranteed performance in terms of volume and speed of data transmission and the spread of viruses.
JIJI Studio warns each Client of the need to implement a security solution and measures within their computer or portable or mobile equipment to prevent the spread of viruses.
The collection of a defective or non-compliant item (replacement or refund) or the exercise of a right of withdrawal cannot be done directly in the physical stores reselling the JIJI Studio brand.
It is mandatory to go through the Website for all complaints on Items purchased online on the Website.
Likewise, an Item purchased in any of JIJI Studio's reseller stores cannot be supported via the Website's services.
IV– REGISTRATION ON THE WEBSITE
Any adult Customer with the capacity to enter into a contract may freely and free of charge create a customer account. To be able to place an Order, a customer account must have been created in the “Account” section.
The creation of a customer account is carried out by the Customer by completing the form provided for their identification data. This account is strictly personal and allows them to identify themselves before validating each Order.
When creating the Customer Account, the Customer enters the data that allows his identification under his full responsibility, control and direction and undertakes to provide complete, accurate and up-to-date information, and not to usurp the identity of a third party, nor to hide or modify his age. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, JIJI Studio cannot be held responsible for the impossibility of delivering Products.
When creating a Customer Account, the Customer chooses their username (email) and password.
If the chosen identifier is already assigned, the system prompts you to choose another one.
Usernames and passwords are personal and confidential. The Customer is solely responsible for them.
The Customer undertakes to keep his password secret and not to disclose it under any circumstances and for any reason whatsoever.
In the event of suspicion of the use of the username and password by a third party, the Client must immediately alert JIJI Studio with a view to changing his password and/or choosing to close his client account.
JIJI Studio reserves the right to close any customer account and consequently refuse any sale to a Customer in the following cases:
· Failure to pay one or more previous Orders,
· Abusive, unfair or fraudulent use of the Order service offered on the Website or non-compliance with any of the Customer's obligations defined in the General Terms and Conditions.
In this case, JIJI Studio will send an email to the Client concerned at the address provided by the latter when creating their client account, informing them of the deactivation of their username and password and the closure of their account.
In general, the Client is informed that his account may be closed following the Client's first request sent by email to JIJI Studio.
V – PRODUCTS
The items available for sale are those listed on the Website. They are offered while stocks last. Offers are valid as long as they are visible on the Website.
JIJI Studio reserves the right to withdraw from sale, at any time, any Item present on the Website and/or to replace or modify any information associated with the Items appearing on this Website.
In the event of an Item being unavailable, after placing an Order, the Customer is informed by email, and the order is then automatically cancelled, with no possibility of recourse for the Customer, and payment is only made for the Items shipped.
The characteristics of the Items sold on the Website (photographs, graphics and descriptions of the Items, etc.) are given for information purposes only and may vary over time. Only the visual of the Item displayed at the time of the Order must be taken into account by the Customer. The characteristics and visuals are not contractual.
JIJI Studio takes the greatest care in the presentation and description of these products to best satisfy the Customer's information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts.
JIJI Studio does not guarantee the accuracy or security of any information transmitted or obtained through the Website.
VI – ORDER
The conclusion of the contract is offered in French and English.
Any Order requires the Customer to register or identify themselves via their Customer Account. It implies an obligation to pay.
The Customer declares to be at least 18 years old and to have legal capacity, or if he is a minor, guarantees to have parental authorization to place his Order.
To conclude the sale, the Customer must:
After having filled your virtual basket on the Website (the “Basket”) by indicating the selected products and the desired quantities, click on “Order”;
Enter your name, first name, telephone number and the desired delivery and billing address;
Choose the delivery method;
Read and accept the T&Cs;
Proceed to payment of the total price indicated by:
Bank card (Visa, CB, MasterCard) by entering the name on the card, its number, the expiry date and the CVC code;
Or PayPal account.
Click on the “Confirm and pay” button: validation of the order constitutes confirmation of the Customer’s acceptance of the General Terms and Conditions, the Items purchased, their price and the associated costs.
Before clicking on the "Order" button, the Customer has the possibility to check the details of his order and its total price by clicking on the "Continue my purchases" button and on the icon representing a basket to freely modify his Basket before confirming his Order.
After payment validation, JIJI Studio will contact the Customer as soon as possible by email acknowledging receipt of their Order (items, price, quantity) and payment, along with these General Terms and Conditions, which have been accepted by the Customer upon payment. To this end, the Customer formally accepts the use of email for confirmation by JIJI Studio of the content of its Order.
The sale is formed at the time the Seller sends confirmation of the order and receives payment from the Customer.
The Seller reserves the right to make modifications to the product(s) ordered which are linked to technical developments under the conditions provided for in Article R. 212-4 of the Consumer Code.
If the Customer does not receive any email following their Order, they should contact customer service. JIJI Studio in accordance with the terms described in article 12 of these T&Cs.
JIJI Studio cannot be held responsible in any way in the event of an input error or transmission of an input error preventing the delivery of the confirmation email and/or the Articles.
The Customer is recommended to print the confirmation email for their Order.
For any questions relating to the tracking of an Order, the Customer must consult their customer account on the Website or contact customer service in accordance with the procedures described in article 12 of these General Terms and Conditions.
JIJI Studio undertakes to fulfill the order within 24 hours (excluding weekends and public holidays) within the limits of available stocks. However, we inform you that this preparation time may be extended during busy periods. If the item(s) ordered are unavailable, JIJI Studio undertakes to reimburse it(them).
The goods remain the property of the Seller until full payment of their price.
VI - ARCHIVING & PROOF
Pursuant to Article L. 134-2 of the Consumer Code, any contract for which the order relates to an amount equal to or greater than one hundred and twenty (120) euros and consisting of the order confirmation and these General Terms and Conditions will be kept from its conclusion until delivery and for a period of ten (10) years from delivery. The Customer may request access to it at any time during the aforementioned period by contacting the Seller whose contact details appear in Article 12 of these General Terms and Conditions.
VII – REFUSAL TO PROCESS AN ORDER
JIJI Studio reserves the right to remove any Article posted on the Website at any time and to replace or modify any content or information contained therein. Despite the best efforts of JIJI Studio, in order to meet the expectations of its customers, may refuse to process an order after having sent the Customer the confirmation email summarizing the Order.
The Seller reserves the right to refuse any order for legitimate reasons, in particular if the quantities of products ordered are abnormally high for buyers who are consumers or non-professionals.
JIJI Studio shall not be held liable to the Customer or any third party for the decision to remove an Item from the Website, or for the decision to replace or modify any content or information appearing on this Website, or for the refusal to process an Order after sending the confirmation email summarizing the Order.
VIII – PRICE AND PAYMENT TERMS
The prices of the Articles are indicated on the Website in euros, all taxes included, excluding participation in processing costs and excluding shipping costs.
The total price of the Order (any discounts applicable on the day of the Order, including all taxes and shipping costs) is indicated in the Shopping Cart. The amount of shipping costs is specified on the Website before validation of the Order.
All product prices include the value added tax (VAT) in effect on the day the order is validated and applicable in France.
JIJI Studio reserves the right to modify its prices at any time, but products will be invoiced based on the prices in effect at the time the order is placed, subject to availability. The price of the Items invoiced is therefore the price indicated at the time of the Order.
The articles remain the sole property of JIJI Studio until full payment of the price, which the customer acknowledges and accepts.
The promotional offers offered on each order by JIJI Studio cannot be combined.
The validity period of offers and prices is determined by the updating of the Website. JIJI Studio will not refund any price difference between the time the order was placed and a subsequent price reduction.
The order is payable immediately, by credit card (CB, Visa, MasterCard) or with PayPal.
Payments made by credit card and whose currency is the euro are secured by the Payplug payment system. All information required to process the payment is encrypted using the TLS (Transport Layer Security) protocol. They are not stored on the computer servers of JIJI Studio.
Payplug is a simplified joint-stock company registered with the Paris Trade and Companies Register under number 751 658 881 and whose registered office is located at 23 rue Jean-Jacques Rousseau - 75001 Paris (France). For further information: https://www.payplug.com/fr/
The Customer confirms that he is the holder of the bank card to be debited and that the name appearing on the bank card is indeed his.
All transactions are secured by this solution which presents highly secure pages for entering payment data: card number, expiration date and visual cryptogram.
To complete the payment, a security code is required. The customer will receive it by email, phone, or SMS. They must therefore ensure that their contact information is correctly entered with their bank.
This platform encrypts and then transmits this payment data to the bank, in complete confidentiality and making it inaccessible to a third party.
The Customer expressly acknowledges that the communication of his bank card number to JIJI Studio constitutes authorization to debit your Account for the price of the Items ordered. In this case, the order is automatically canceled for non-payment.
The data recorded and stored by JIJI Studio constitutes proof of the Order and all past sales. The data recorded by Payplug constitutes proof of any financial transaction between the Customer and JIJI Studio.
When a validated and paid order contains one or more incorrect elements (price, description, photo, coupon, etc.), JIJI Studio reserves the right to cancel and refund the latter.
IX – DELIVERY
The items for sale on this website are only available for delivery to the following countries: Metropolitan France, Corsica, Monaco, certain European countries (Germany, Austria, Belgium, Cyprus, Denmark, Spain, Estonia, Latvia, Lithuania, Iceland, Finland, Hungary, Ireland, Italy, Luxembourg, Malta, Norway, the Netherlands, Poland, Portugal, the Czech Republic, the Republic of Ireland, the United Kingdom, Slovakia, Slovenia, Sweden, Switzerland) and the French overseas departments (Réunion, Martinique, Guadeloupe).
Deliveries are made by Colissimo and Mondial Relay from Monday to Friday, depending on the option chosen by the Customer when confirming their Order and at the customer's expense.
The Customer will receive an Order number by email confirming that the Order has been processed. The Customer will be informed of the various stages of their Order by email.
Shipments are announced by email to the Customer, to the email address provided by the latter in their customer account.
The Items ordered will be delivered within a maximum of 30 calendar days from the registration of the Order, subject to full payment of the price.
The risk of loss or damage to the Items during transport is transferred to the Customer upon delivery of the order to the carrier when the latter is responsible for transport by the Customer and not by JIJI Studio. For any complaints regarding the transport of packages (delay, loss, damage), the Customer must contact the carrier.
In the event that the Customer chooses delivery by carrier:
· Using the shipping number, the Customer can track the progress of their package on the website of the carrier chosen by the Customer.
· Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of his choice or a legal entity (delivery to his company). Delivery cannot be made to hotels or PO boxes.
· The Customer is informed that it is his responsibility to provide exactly all the details necessary for the correct routing of his Order and perfect delivery (access code, access specification for example).
· If the Customer is absent at the time of delivery, a delivery notice will inform the Customer of the terms of storage of their package and its availability, under the full and exclusive responsibility of the carrier.
· If the delivery address provided by the Customer is not valid and therefore results in the package being returned for non-receipt at the address provided, the cost of reshipping the package to the new address provided will be borne by the Customer.
· A delivery note is included in the package, summarizing the Items ordered and actually delivered.
· The Customer assumes full and exclusive risk relating to the Items from the time of their delivery. Delivery means the transfer to the Customer of physical possession of the Items (the “Delivery”).
The Items are delivered to the delivery address indicated by the Customer when placing the Order no later than the date indicated when placing the Order, depending on the country of delivery.
JIJI Studio makes every effort to deliver the Order within a maximum of 30 days and undertakes to ensure that delivery is made within 4 (four) working days in mainland France and 20 (twenty) working days for international delivery, from the date of the Order and undertakes to ensure that delivery is made within a maximum of 30 calendar days.
In the event of a delivery delay of more than 7 working days compared to the maximum deadline mentioned above, the Customer may contact JIJI Studio by email to order it to execute the delivery within a reasonable additional period. In the event of failure to comply with this new deadline, the customer may request JIJI Studio by email the cancellation of its Order.
The contract and therefore the sale will be considered terminated upon receipt by JIJI Studio of the email or letter by which the Customer informs it of its decision unless delivery has occurred between the sending and receipt of the email or letter from the Customer.
In the event that the Order is definitively cancelled, the Customer will obtain a refund of the price paid for his Order within 30 days following the cancellation confirmed by email.
In the event that the Customer receives the package after canceling their Order, JIJI Studio will refund the Items excluding return costs, upon receipt of all of them in their perfect original condition.
Each delivery is deemed to have been made upon the package being made available to the Customer, in particular by the carrier, as evidenced by the control system used by the carrier.
If the package is damaged or if the Item does not correspond to the Customer's Order, the Customer must initiate the return procedure described in Article 10 below within 30 calendar days after dispatch.
In the event of delivery by a carrier requiring an appointment with the Customer, the carrier will contact the Customer as soon as possible to arrange a delivery appointment, no later than 30 days from the date of validation of the order.
JIJI Studio cannot be held responsible for any delay in delivery that is not its fault, justified by a case of force majeure (as defined below) or due exclusively to the unavailability of the Customer after several appointment proposals by the carrier. Also, JIJI Studio cannot be held responsible for any harmful consequences resulting from a delay in delivery, only the reimbursement of the Article by JIJI Studio being possible to the exclusion of any other form of compensation.
If, for the same Order, the delivery dates of several Items differ, the delivery date is based on the date furthest from the order date.
X – RETURNS
Any complaint regarding the Articles, in particular in the case of defective, damaged, non-compliant Articles or apparent defect(s), must be notified by the Customer to JIJI Studio without delay by telephone, mail or email to the contact details given on the Website or in Article 12, specifying the Article(s) concerned, the nature and type of defect.
It is the Customer's responsibility to provide all supporting evidence of the reality of the defect observed. The Customer must report their reservations and complaints very precisely and in a manner sufficiently precise to enable JIJI Studio to verify its reality. JIJI Studio may request one or more photos of the Product.
In the event of a recovery accepted by JIJI Studio, particularly in the event of a lack of conformity, the Customer will have the choice between repairing the Article if possible, reimbursement or replacement of the Article with an equivalent Article offered by JIJI Studio.
In accordance with the provisions of the Consumer Code, JIJI Studio may not proceed according to the Customer's choice (repair or replacement) if this choice entails a cost that is manifestly disproportionate to the other option, taking into account the value of the Item or the extent of the defect. If repair and replacement are impossible, the Customer may return the Item (using the return slip) and have the price refunded or keep the Item and have part of the price refunded.
A return voucher can be obtained in the following cases:
· If the package is damaged (and in this case, the Customer must refuse delivery or obtain a damage certificate from the carrier or notify any reservations about the products delivered to the carrier and to JIJI Studio). To do this, it is imperative to make a reservation upon delivery, detailing the condition of the package on the delivery slip (taking a photo of the damaged package is strongly recommended in the event of a dispute with the carrier);
· If the Item delivered is different from the one ordered;
· If the delivered Item has a lack of conformity (defective, damaged or apparent defect).
In the cases mentioned above, the Customer may return the said Article using the return slip corresponding to the returned Article:
· The return voucher, valid at the latest within 15 days following dispatch of the Order, can be obtained from customer service at JIJI Studio, contact details indicated in article 12;
· The Customer must complete the form provided for this purpose, print it and insert it in the package to be returned; no return can be validated without it;
· Any claim made after this deadline cannot be accepted and JIJI Studio will be released from any liability;
· This refund procedure is exclusive of any exchange, in order to save the Customer the time and modalities of exchange procedures which could present a major inconvenience for the latter.
· The Customer must return the non-compliant Item to obtain a refund of the price of the Item.
· F JIJI Studio covers the return costs by tracked parcel: to this end, the customer must contact customer service (following the terms described in article 12 of these T&Cs) to receive a prepaid postal label; under no circumstances JIJI Studio will reimburse return shipping costs paid directly by the customer to the Post Office.
The Customer must ship his/her non-compliant Item(s) in the original packaging of the Items, to the following address:
SAS LUCY / JIJI Studio
E-SHOP RETURNS SERVICE
57, rue de la Belle Etoile
95500 Gonesse
The Customer can drop off their return package:
· At the Post Office (parcels less than or equal to 30 kg).
The Customer can then track the delivery of their package on www.colissimo.fr.
Any non-compliant return (without the return slip and without the labels attached to the item ) or unfit for resale (damaged, damaged, used or soiled by the Customer) will be rejected and JIJI Studio will be released from any liability.
Items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging), accompanied by their label. attached to the garment and not cut and the protective film. The Customer must return the Items by a delivery method that ensures their protection and preserves their perfect condition.
Once the returned Items have been checked, JIJI Studio undertakes to reimburse the Customer for all sums paid, including shipping costs, for their Order, as soon as possible and at the latest within thirty (30) calendar days following the date of receipt of the return package, to the Customer's bank account or payment account used for payment of the Items.
Any shipping costs that may have been charged at the time of shipment will be refunded if the entire order is returned. However, if your order contains multiple items and you only wish to return part of them, these shipping costs will not be refunded.
The responsibility of JIJI Studio and the warranty are excluded in the event of a defect arising from the use of the Article by the Customer and in particular from abnormal use, poor maintenance or failure to comply with the maintenance conditions and precautions for use communicated or made available to the Customer by JIJI Studio or the manufacturer of the Item, negligence, fault or failure of the Customer to fulfill its contractual obligations, unforeseeable and insurmountable act of a third party not involved in the contract or force majeure.
XI – RIGHT OF WITHDRAWAL
In accordance with article L221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his right of withdrawal, without having to justify any reason.
This period runs from the receipt of the Item(s) by the Customer. In the case of an order for several items delivered separately, the period runs from the day on which the Customer received the last Item.
The Client must notify JIJI Studio to exercise this right. To do so, the customer must:
Log in to your customer area;
Access the “My orders” section of your customer area;
Select "Make a return" next to the order in question. The order must be in "delivered" status to request a return;
Select the item(s) you wish to return and indicate the reason for your return.
JIJI Studio provides the Customer with a prepaid shipping label for the return package, and this only for France via the carrier Colissimo.
Apart from this option, and at his discretion, the Customer has the option of returning the Item(s) by the carrier of his choice, to the following address:
SAS LUCY / JIJI Studio
E-SHOP RETURNS SERVICE
57, rue de la Belle Etoile
95500 Gonesse
The Customer is required to keep proof of sending and the tracking number of the returned package, JIJI Studio is not responsible for the return.
Upon receipt of the package, JIJI Studio judges the perfect condition of the returned Item(s). Items must be returned properly protected, in their original packaging (carefully opened packaging will not be considered damaged packaging), accompanied by their label and protective film. Damaged, soiled or incomplete Items will not be accepted. If an Item has been damaged due to handling other than that necessary to establish the characteristics and proper functioning of the Item, JIJI Studio reserves the right to refuse the return.
If the right of withdrawal is exercised by the Customer under the aforementioned conditions, JIJI Studio will reimburse the Customer for the price of the returned Item(s) as well as the shipping costs. Return costs, including possible customs fees and taxes, will be borne by the Customer except for those offered by JIJI Studio to the Client via the carrier Colissimo under the above conditions.
After checking the products, JIJI Studio will refund as soon as possible, and in any event, within fourteen (14) days of receipt of the Item(s). Unless otherwise requested by the Customer expressly accepted by JIJI Studio, the refund is made via the same payment method used for the initial order.
XII – CUSTOMER SERVICE
For any information or question, for order tracking, to exercise the right of withdrawal or for a return, the Customer must contact customer service by email at serviceclients@jijistudio.fr specifying the subject (Withdrawal, Return, Order tracking, or Other request concerning the E-shop) from Monday to Friday from 9:30 a.m. to 6 p.m. excluding public holidays.
XIII – GUARANTEES
The responsibility of JIJI Studio's liability with respect to any Item purchased on the Website is strictly limited to the purchase price of the Item. JIJI Studio will not be liable under any circumstances for the following losses, regardless of their origin:
· loss of income or sales
· operating loss
· loss of profits or contracts
· loss of expected savings
· data loss
· loss of work or management time
· image damage
· loss of opportunity
· moral prejudice.
The documents, descriptions and information relating to the Articles appearing on the Website are not covered by any guarantee, express or implied, except for guarantees provided by law.
JIJI Studio is only required to deliver Items that comply with the contractual provisions. Items are considered to comply with the contractual provisions if the following conditions are met:
(I) they must comply with the description and possess the characteristics set out on the Website;
(ii) they must be suitable for the purposes for which products of that kind are generally designed;
(iii) they must meet the quality and strength criteria which are generally accepted for products of the same type and which can reasonably be expected.
Furthermore, JIJI Studio guarantees consumers against defects of conformity and hidden defects for the Items on sale on the Website under the following conditions:
Apparent defect
The presence of an apparent defect on an Article must give rise to a complaint to the customer service of JIJI Studio (contact details specified in Article 12) within three working days following Delivery. Any claim must explain the defect in question.
Otherwise, no claim will be admissible, and no return or exchange will be possible.
The Item must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the address of the offices of JIJI Studio, after sending an email reporting the apparent defect in the Article referred to above.
Cases of apparent defect confirmed by JIJI Studio will result, depending on the content of the Customer's complaint, in either the establishment of a credit note for the Customer, or the replacement of the Item, or the outright reimbursement of the Price to the Customer within 30 days.
In the event of non-compliance with the return procedure, no exchange, refund or credit is possible.
Non-conformity – Hidden defects
Subject to validation of a non-conformity or a hidden defect by JIJI Studio or the manufacturer as the case may be, the Articles supplied by the Seller benefit automatically and without additional payment, independently of the right of withdrawal, in accordance with the legal provisions:
- the legal guarantee of conformity, for the Item that is apparently defective, damaged or damaged or does not correspond to the order. This guarantee covers defects in conformity of the Item and the packaging. The legal guarantee of conformity allows the Customer to:
- Take action against the Seller, within two (2) years of delivery of the Item and without charge.
- Choose between repair and replacement of the Item ordered if it does not comply with the Order, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code. JIJI Studio may replace the non-compliant Item. If replacement is not possible within one month of the complaint or if the Customer makes a reasoned request, the Customer may request a refund of the price of the Item.
- Be exempt from providing proof of the existence of the lack of conformity of the Article during the twenty-four (24) months following delivery of the Article.
- the legal guarantee against hidden defects arising from a material, design or manufacturing defect affecting the delivered Item to such an extent that the Customer would not have purchased it and making it unfit for use. The Customer may request the implementation of the guarantee against hidden defects in accordance with Article 1641 of the Civil Code. In this case, within two (2) years from the discovery of the defect, the Customer may choose between cancelling the sale and therefore returning the Item to obtain a refund of the price paid for the Item which has proven to be unfit for its use, or keeping the Item and requesting a reduction in the sale price in accordance with Article 1644 of the Civil Code.
In order to assert his rights, the Customer must return the Item(s) affected by a defect in the original condition in which it was or were received, i.e. in the original packaging, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the offices of JIJI Studio, after sending an email indicating the reason for the return of the Item (Contact details in article 12 of said T&Cs) to the address:
SAS LUCY / JIJI Studio
E-SHOP RETURNS SERVICE
57, rue de la Belle Etoile
95500 Gonesse
The Customer may contact the Seller by email (Contact details in article 12 of said T&Cs) in order to obtain a prepaid return label.
The Seller will refund or replace any Items that do not comply with the order or are defective. Refunds for Items that do not comply with the order or are defective will be made as soon as possible and no later than fourteen (14) days after the Seller receives the products. The refund will be made by crediting the Customer's bank account.
The Seller shall not be liable in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Item, accident or force majeure.
For all useful purposes, the following legal provisions are recalled:
Art. L. 211-4 of the Consumer Code: “The seller is required to deliver goods that conform to the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been made his responsibility by the contract or has been carried out under his responsibility.
Art. L. 211-5 of the Consumer Code: “To comply with the contract, the goods must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter presented to the Customer in the form of a sample or model;
- present the qualities that a Customer can legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and which the latter has accepted.
Art. L. 211-7 of the Consumer Code: “Defects of conformity which appear within six months of delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller may challenge this presumption if it is not compatible with the nature of the goods or the alleged lack of conformity.
Art. L. 211-7 10 of the Consumer Code: “If the repair and replacement of the goods are impossible, the buyer may return the goods and have the price refunded or keep the goods and have part of the price refunded.
The same faculty is open to him:
1° If the solution requested, proposed or agreed upon in application of Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be achieved without major inconvenience for the latter taking into account the nature of the property and the use that he is seeking.
However, the sale cannot be cancelled if the lack of conformity is minor.
Art. L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.”
Art. L. 217-9 of the Consumer Code: “In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods.
However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate compared to the other method, taking into account the value of the goods or the significance of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer.
Art. 1641 of the Civil Code: “The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the Customer would not have acquired it, or would have paid a lower price for it, if he had known of them.”
Art. 1644 of the Civil Code: “In the case of Articles 1641 and 1643, the buyer has the choice of returning the item and having the price refunded, or of keeping the item and having part of the price refunded.”
Art. 1648 paragraph 1 of the Civil Code: “The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect.”
XIV – CONVENTION ON EVIDENCE
The Customer acknowledges and accepts that the Order recording systems provide proof of all transactions between JIJI Studio and the Client.
The Customer acknowledges and accepts that proof of acceptance of the General Terms and Conditions is demonstrated by checking the box "I have read and accept the General Terms and Conditions of Sale".
To this end, the Client acknowledges and accepts that the computerized data stored within the computer servers of JIJI Studio under reasonable conditions of security and integrity, are considered, irrefutably, as proof of acceptance of the terms of the T&Cs and proof of all transactions between JIJI Studio and the Client.
JIJI Studio will archive the Purchase Orders and invoices on a reliable and durable medium, in accordance with the provisions of Article 1348 of the Civil Code and guarantees access to them to the Customer at any time if he requests it in accordance with the provisions of Article L. 134-2 of the Consumer Code.
Consequently, unless there is a manifest error on the part of JIJI Studio proven by the Customer, the latter will not be able to contest the admissibility, validity or probative force of the General Conditions of Sale and the content of the Order, on the basis of any legal provision whatsoever and which would specify that certain documents must be written or signed to constitute proof.
Thus, these elements constitute evidence and, if they are produced as means of evidence by JIJI Studio in any litigation or other proceedings, will be admissible, valid and enforceable in the same manner, under the same conditions and with the same evidentiary force as any document which would be established, received or kept in writing.
At any time, the Customer has the option to print, download and keep a copy of the T&Cs on paper or electronically.
XV – RESPONSIBILITY
JIJI Studio reserves the right to modify the information contained in this Website at any time and without notice.
JIJI Studio undertakes to describe the Items sold on the Site as accurately as possible and to ensure that the information published there is updated in the best possible conditions.
However, JIJI Studio cannot guarantee the accuracy, precision or completeness of the information made available to Customers on the Website.
In the event of non-substantial differences between the presentation photos of the Articles on the Website, texts and illustrations and the Articles ordered, the responsibility of JIJI Studio will not be liable.
The Customer acknowledges and accepts that the prices of the Items may vary between the Website and the reseller stores, and that under no circumstances may this price difference be the basis for a request for a total or partial refund of the Items purchased either on the Website or in stores.
The responsibility of JIJI Studio cannot be held liable in the event of a breach of one of its contractual obligations resulting from a fortuitous event or a case of force majeure as defined by the case law rendered by the French courts.
Notably JIJI Studio shall not be liable for any failure to perform or delay in the performance of Orders caused by events beyond its control (“Force Majeure Events”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the control of JIJI Studio and includes in particular (without limitation):
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (declared or undeclared), or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters.
4. Inability to use transport by rail, ship, plane, road or other private or public means of transport.
5. Inability to use public and private telecommunications networks.
6. Acts, decrees, legislation, regulations or restrictions of any government.
7. Strike, failure or accidents in maritime, postal or other transport.
The execution of the General Terms and Conditions will be suspended for as long as the Force Majeure Event lasts and the execution and delivery deadlines will be extended accordingly. JIJI Studio will endeavor to the extent possible to terminate the Force Majeure event or to find a solution enabling it to perform its contractual obligations despite the Force Majeure event.
If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of JIJI Studio or the Client without compensation from either party. Failure to pay by the Client cannot be justified by a case of force majeure.
JIJI Studio is only liable for any direct and foreseeable damage at the time of use of the Website or the conclusion of the sales contract with the Customer, excluding any indirect damage.
XVI – PROTECTION OF PERSONAL DATA
The Customer is informed and accepts that his personal data may be collected on the Site and used by JIJI Studio which acts as data controller within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter “General Data Protection Regulation” or “GDPR”).
JIJI Studio is committed to protecting and ensuring the security and confidentiality of its Customers' personal data in accordance with the GDPR, in particular by taking all necessary precautions to prevent this data from being distorted, damaged or accessed by unauthorized third parties.
In particular, the personal data of Customers may be transmitted to service providers and contractual partners who, as subcontractors within the meaning of the GDPR, intervene and contribute directly to the management of Orders and for whom it is absolutely necessary to access the personal data provided by the Customer when creating and using their Account (identity, postal address, telephone number, email address). Subcontractors may only act on the instructions of JIJI Studio for the strict execution of the subcontracted tasks necessary for the management of Orders and the completion of the sale, without the need for authorization from the Customers. It is specified that, within the framework of the execution of their services, third parties have only limited access to the data and have a contractual obligation to use them in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Seller undertakes not to sell, rent, transfer or give access to third parties to the data without the prior consent of the Customer unless required to do so for a legitimate reason (legal obligation, fight against fraud or abuse, exercise of the rights of defense).
Customers' personal data is collected for the following purposes:
- management of Orders and relations with Customers;
- information for Customers relating to offers and commercial information related to the brand;
- strengthening and improving communication about the Website and the brand by sending, in particular, newsletters and special offers based on the Customer's preferences noted on the Website;
- the improvement and personalization of the services offered to Customers;
- and compliance with legal and regulatory obligations.
The Client's personal data is only kept for the period strictly necessary for the purposes set out above. The personal information collected is kept for a period which may not exceed three (3) years from the end of the relationship with the Client, unless a longer retention period is authorized or imposed by a legal or regulatory provision.
If the Customer chooses to pay by credit card, the name on the card, its number, its expiry date and the visual cryptogram will be collected for the purpose of making the payment on the basis of the execution of pre-contractual measures taken at the request of the Customer and the contracts to which the Customer is a party. This information will be kept until receipt of all the goods in the order paid by credit card plus the withdrawal period.
If the Customer gives his consent, by checking the box provided for this purpose, the number and expiry date of his bank card may be kept beyond the period provided for in the previous paragraph to facilitate his future purchases. This data will be kept until the Customer withdraws his consent and/or the expiry of the validity of the bank card data.
In accordance with the GDPR, the Client has the right to access, rectify and oppose personal data concerning him/her (hereinafter the “Data Protection Rights”).
To exercise one or more of the Data Protection Rights, the Customer must send a request by email or by post to the Customer Service of JIJI Studio, by completing the contact form located on the Website or by writing to the following address, indicating your surname, first name, email address and customer references: JIJI Studio Customer Service, 94 Boulevard Sébastopol, 75003 Paris - FRANCE. The Client may file a complaint with the CNIL.
Each request must be signed and accompanied by a photocopy of an identity document bearing the Client's signature and specify the reply address.
The response to the request made on the basis of one or more Data Protection Rights will be sent within 2 months of receipt of the request.
The Client may communicate to JIJI Studio specific directives in which he or she defines the manner in which he or she intends that the Data Protection Rights and Freedoms be exercised after his or her death in accordance with the GDPR.
On jijistudio.fr, you can decide whether or not to accept our cookies. If you do not accept the deposit of these cookies, click here.
XVII – COMMERCIAL OFFERS AND NEWSLETTERS
JIJI Studio may send commercial offers to Customers by mail, email, text message, telephone or via all of the web spaces managed by JIJI Studio or on social networks, subject to prior acceptance.
The Client has the option at any time to oppose these commercial prospecting mailings free of charge, by clicking on the “unsubscribe” link included in each email.
The Customer can register on the telephone canvassing opt-out list electronically on the bloctel.gouv.fr website, or by post to the following address: Bloctel Service, 6 rue Nicolas Siret, 10 000 Troyes.
XVIII – COOKIES
When consulting the Website, information relating to the Customers' browsing may be recorded in "Cookies" files installed on their terminal (computer, tablet, Smartphone).
These cookies are issued by JIJI Studio in order to facilitate navigation on the Website and allow the recognition of Customers' browsers when they are connected to the Website.
These cookies are issued in order to:
· Establish attendance statistics (number of visits, page views, abandonment in the ordering process)
· Adapt the presentation of the Website to the display preferences of the terminals,
· Memorize information entered in forms, manage and secure access to reserved and personal spaces such as the Customer account and manage the Order basket.
· JIJI Studio reserves the right to install cookies on the Client's computer during visits to the Website.
A cookie is a small file that is sent to the Customer's computer and stored on their hard drive. If the Customer is registered with JIJI Studio, his computer will store an identifier cookie that will save him time each time he returns to the site JIJI Studio because it will remember the Client's email address.
A cookie does not allow the Customer to be identified but is intended to signal any previous visit by the Customer to the Website in order to help JIJI Studio to personalize its services.
The Customer can configure settings so that cookies are deactivated and thus prevent cookies from being installed on his computer without his express consent.
Any settings implemented by the Client may modify Internet browsing and the conditions of access to certain services on the Site requiring the use of Cookies.
The Customer may express and modify his wishes regarding cookies at any time, by the means described below.
The Website uses third-party computer applications that allow the Customer to share content from the Website with other people or to let these other people know their opinion regarding content on the Website. (Social networks such as Facebook, "Instagram", "Twitter", etc.).
When the Customer visits a page of the Website containing a "Share" or "Like" button, their browser establishes a direct connection with the servers of the social network concerned.
If you are logged into the social network while browsing, the application buttons allow you to link the pages you consult to your account.
If he interacts using the plug-ins, for example by clicking the "Like" button or leaving a comment, the corresponding information will be transmitted to the social network concerned and published on his account.
If the Customer does not want social networks to link the information collected through the Website to his account, he must log out of the social network concerned before visiting the Site.
JIJI Studio is in no way responsible in any way for the content or operation of any social networks, including those which may be linked to the Site.
XIX – INTELLECTUAL PROPERTY
JIJI Studio is the exclusive owner of the intellectual property rights:
· On the Articles offered on the Site,
· On the brands associated with the Articles,
· On the Site, and in particular on its tree structure, on the organization and titling of its sections, on the visual and graphic identity, on its design, on its ergonomics, its functionalities, on the software, texts, animated or still images, sounds, know-how, drawings, graphics and any other element making up the Site,
· On databases, their structure and their contents, designed and managed by JIJI Studio for the purposes of editing the Site,
· On all design elements of the Site, whether graphic or technical,
· On the names, acronyms, logos, colors, graphics, or other signs which could be used, produced or implemented by JIJI Studio.
It is therefore prohibited to reproduce in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraph, as well as to alter the trademarks, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available within the Website, and more generally to use or exploit these elements other than within the framework of the execution of these terms and conditions.
As such, the reproduction or use of all or part of these elements is only authorized for the exclusive purposes of information for personal and private use, any reproduction and any use of copies made for other purposes being expressly prohibited.
Any other use, except with prior written authorization from JIJI Studio constitutes counterfeiting and is punishable under intellectual property law.
Any creation of hypertext links to the home page of the Site, or any other page of the Site, is subject to the prior written agreement of JIJI Studio.
XX – APPLICABLE LAW
Any questions or complaints relating to the marketing of products by JIJI Studio to a Customer must be submitted by email, by registered letter with acknowledgment of receipt or by telephone to the Seller whose contact details appear on the Website or in article 12.
In the event of failure of a written request made to the Seller under the conditions set out in the preceding paragraph or in the absence of a response from the Seller to it within two (2) months, the Customer has the possibility of using a consumer mediator free of charge (Article L.612-1 et seq. of the Consumer Code). The Customer may refer the dispute relating to the purchase of a product opposing him to the Seller to the competent consumer mediator, which is MEDICYS, electronically: https://app.medicys-consommation.fr/?proId=2562a098-82b6-4f87-85b6-8581c03ea554 or by post: Concord - 73, Boulevard de Clichy - 75009 Paris.
The Seller and the Customer remain free to accept or refuse recourse to the alternative dispute resolution method and, in the event of recourse to mediation, to accept or refuse the solution proposed by the mediator.
These General Terms and Conditions and the operations resulting from them are governed by French law.
It is specified that, in the context of a dispute, the Client may always refer the matter to the competent French courts under the conditions of common law, in the absence of an amicable agreement between the Client and JIJI Studio (the Seller).
In the event of a dispute, the Customer may also use the online consumer dispute resolution (ODR) platform set up by the European Commission via the link: https://ec.europa.eu/consumers/.
These Terms and Conditions do not affect the Customer's statutory rights as a consumer. For further information on their rights, they should contact their local authority or a consumer advice agency.
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of SAS LUCY / JIJI Studio - E-shop Returns Service - 94 Boulevard de Sébastopol, 75003 Paris, Email: serviceclients@jijistudio.fr
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good(s) below:
Ordered on (*)/received on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only if this form is notified on paper):
Date :
(*) Delete as appropriate.