Terms and conditions of sale for the private customer.

These Terms and Conditions of Sale (hereinafter the “Agreement”) governing orders placed on the www.jean-vier.com website (the “Web Site”) are hereby entered into between:

On the one hand, Créations Jean Vier, a French [limited company] with a registered capital of 485,660€, registered address is at SAINT PEE SUR NIVELLE (64310), France, telephone number +33 (0)5 59 54 56 70, fax +33 (0) 5 59 54 15 26,
E-mail : info@jean-vier.com
SIRET number: 410 154 959 000 10
Registered at the registry of trade and companies of Bayonne, France 
Under no. B 410 154 959
VAT number is FR04 410 154 959
Director: André Elustondo

Hereafter referred to as “Créations Jean Vier” “The Créations Jean Vier Company” or “jean-vier.com”

And on the other hand,

Internet users wishing to make purchases online from “jean-vier.com”, from here on in are referred to as the “Customer”.


PREAMBLE

The jean-vier.com website is hosted by LWS (Ligne Web Services), 4 rue Galvani 75838 PARIS CEDEX 17, Tel: 0892 230322

Articles may only be purchased by an adult of 18 years or over.

All items for sale on this website are sold for the customer’s personal use only. Articles bought are not in any way, to be re-sold elsewhere by the Customer. Créations Jean-Vier reserves the right to refuse sale of its products to anyone believed to be participating in this sort of activity.


Article 1 - CONTRACTUAL DOCUMENTS

These terms and conditions of sale are applicable to the sale of all items available on the jean-vier.com website, presented by the Créations JeanVier Company.

They also apply to all stages of the ordering process.

The Customer acknowledges having been duly informed, prior to the conclusion of the contract, in a clear and comprehensible way, of these terms and conditions and of all the information and details referred to in article L 121-19 of the French Consumer Code.

All orders passed through the jean-vier.com website imply that the Customer has a complete understanding and acceptance, without reserve, of these general terms and conditions of sale as well as any additional particular conditions applying to any specific products or orders.


Article 2 - PRODUCTS

2.1- Jean-vier.com is a website providing online sales of linen for the home as well as decorative textiles and accessories.

2.2 - The articles presented for sale, by Créations Jean Vier are available whilst shown on line and are subject to availability. Any customer complaints concerning the ordering or delivery of an unavailable item will be considered as unfounded.

2.3- The items on sale are described and presented as accurately as possible. If, in the unlikely event, errors occur or information is omitted in terms of presentation, jean-vier.com declines all responsibility. Photographs of the products used to enhance the descriptions are not contractual.


Article 3 - ORDERS

3.1- The following procedure applies to all online orders: After clicking on the "Add to cart" button and having checked all the details of the order (colour, quantity, price, size etc.) the Customer confirms the choice of the product or products that they wish to purchase with a validating click on the “confirm” icon.

3.2- Orders become confirmed only after order acceptation by Créations Jean Vier. Acceptation of the order is considered to come into effect after the sending of a confirmation of order e-mail to the e-mail address of the Customer.

3.3- In the event of a product being unavailable, in spite of, or prior to, order confirmation by Créations Jean Vier, Créations Jean Vier guarantees to inform the customer by whatever means deemed necessary. Jean-vier.com may decide to modify the order in as much as the unavailable product is concerned, or to cancel this product reference from the order, whilst ensuring supply of the remaining products and references on order. The Customer would then be reimbursed by Créations Jean Vier if payment has already been made for articles that have not been sent.

3.4- All ordered items are intended, exclusively for the personal use of the Customer whose name and address is indicated on the order form.

3.5- The Customer accepts that any order received by the Creations Jean Vier after noon on a Friday, or midday of a day preceding a public holiday, will not be dealt with until the following Monday or working day after the public holiday.


Article 4 - DELIVERY

4.1- Delivery is understood to mean the transmission to the Customer of products ordered, to the address indicated on the ordering page of the website and which is confirmed on order confirmation.

4.2- Delivery is assured in the timeframe indicated in article 4.3, from the time of order confirmation under the scheduled conditions, notwithstanding situations that may arise which are beyond the control of Créations Jean Vier (such as flood, industrial action, fire, natural disasters etc.), which could cause delay.

4.3- Delivery times are representative and depend on the destination of the order. The price table is available for consultation here. Find our rates here

4.4- The Créations Jean Vier Company undertakes to do everything in its power to ensure that delivery times are respected. But, a late delivery cannot in any way be used as motivation to cancel an order; neither can it entitle the customer to any sort of indemnity.

4.5- The products are delivered at the Customer's risk, undergoing delivery, do so at the risk of the Customer. The Customer is under the obligation to inform the transporter by registered letter with recorded delivery, within three days of the product delivery date, of any product damage caused during transport or missing packages. A copy of the said letter should then also be sent to Créations Jean Vier.


Article 5 - PRICE

5.1- The prices shown on the website are in Euros and include taxes with the exception of delivery charges. The VAT cited refers to French VAT at the relevant rates for the products concerned. If the rate of VAT should be recently changed just prior to ordering, these charges may be passed on to the Customer without obligation to prior notification.

5.2-  Créations Jean Vier reserves the right to modify its prices at any time, however all products will be invoiced on the basis of prices applied at the time of ordering, under reserve of availability at that date.

5.3- All orders, regardless of their country of origin, are payable in Euros.

5.4- The ordered products remain the property of Créations Jean Vier until full payment has been received.

5.5- Orders shipped outside the European Union will be settled without French taxes. They may be subject to import taxes, customs duties and fees levied by the destination country. Additional charges for customs clearance must be borne by the recipient. We have no control over these charges and cannot predict what they may be. 


Article 6 - PAYMENT

6.1- The Customer has the possibility to pay using a bank or credit card.

6.2- Payment by check (US) / cheque (UK) is not accepted.

6.3- The Customer may pay by bank or credit card directly on the website for purchases not exceeding 600 Euros in value, (inclusive of tax). For purchases over this amount, it is possible to contact the customer services department to arrange payment by alternative methods. The Customer validates their order definitively and irrevocably in the following manner: After checking and validating the address, product(s) ordered and total price, the Customer then provides the number of the bank or credit card and its expiry date. The order is then confirmed by clicking on the “Confirm” icon. It is at this confirmation point that the sale becomes statutory and binding.

6.4- To ensure the secure status of all payments jean-vier.com uses the Paybox secure payment system. This system integrates SSL standard technology. All confidential information (card number, date of expiry and security code) is sent directly to the Paybox server without any information being transmitted to the jean-vier.com server. The secure payment system will then provide an electronic certificate to validate the payment.


6.5- All credit card payments on the jean-vier.com website generate an electronic certificate from the secure payment system, which details the total amount paid for the order as well as the date of the transaction. This is in conformity with articles 1316 and those thereafter of the French civil code or "Code Civil français". The dates and times recorded by the server are considered statutory between the parties. In all cases, order validation is considered binding and statutory proof of acknowledgement and consent to all operations carried out by the customer on the website. 


Article 7 - BILLING

Créations Jean Vier will provide, upon the Customer’s request, a detailed invoice by e-mail.


Article 8 - PERSONAL INFORMATION

During order processing, personal information may be gathered with the purpose of assuring correct delivery, to improve customer service, and possibly to pass on to the Customer information of special offers which might be of interest and therefore better serve the Customer. The Customer acknowledges having been informed of this. In accordance with French law n° 78-17, of the 6th of January 1978, amended, the Customer has the right at any time to consult and rectify this information.

This information system, put in place by Créations Jean Vier, has been subject to regular declarations to the CNIL, with the reference 1148406.


Article 9 - COMMERCIAL GUARANTEES

9.1- Créations Jean Vier guarantees the Customer against defects or flaws in the products or packing errors if these defects of errors are reported by registered letter with recorded delivery, (or in the case of sale outside France, fax or telex) within seven days of the delivery date Flawed or defective products may either be exchanged or refunded.

9.2- In the case of a fault or defect, the item or items should be returned to the address given above after having obtained a returns form signed by Creations Jean Vier group. Any items returned without the aforementioned returns form may be refused. Simple receipt of products by Créations Jean Vier does not imply acknowledgement of their responsibility. In the case of a fault or defect being acknowledged by Créations Jean Vier, the Customer is given the option to either exchange the product or obtain a complete refund.

9.3- In the eventuality of exchange for defect, flaw or packing error, the transport costs will be covered by Créations Jean Vier, except in the case of anterior or ulterior negotiations.

9.4- In the case of product refund, the payment will be made either by crediting the customer’s card or by check/cheque, depending on the payment method used for the order in question.

9.5- Créations Jean Vier declines any responsibility for difficulties encountered in connecting with the Jean Vier website, disruption with access to the website as well as any intrusion, hacking or computer virus. Consequently, Créations Jean Vier declines all responsibility for problems or dysfunctions connected to use of the internet network, and which are completely beyond the realm of influence of the company and the precautions and care that are taken in that domain by Jean Vier.

9.6- Créations Jean Vier declines all responsibility for any indirect loss, prejudice or costs incurred in consequence to the acquisition of our products by the Customer.

9.7- Regardless of previous or future arrangements, Créations Jean Vier declines all responsibility in case of stock shortages, product unavailability unforeseen catastrophes, disruptions or industrial action, especially in the postal transport or communication sectors, floods, fires or any occurrence outside the sphere of influence of Créations Jean Vier.

9.8- In any event, the guarantee proposed by Créations Jean Vier, cannot, under any circumstances, be of a superior value to that of the price paid by the Customer for the product(s) for which Jean Vier can be reasonably considered responsible.


Article 10 - GOOD WILL RETURNS POLICY

Within a limit of seven days after the delivery date, the Customer may request an exchange or the refunding of an unused product. Unless the product is defective or flawed the return transport charges are payable by the Customer.

The product must be returned in its original packaging to the following address:
Créations Jean Vier
Chemin Départemental 307
64310 SAINT PEE SUR NIVELLE

If the Customer wishes to exchange the product and the replacement product is available, then Créations Jean Vier will send the requested item on to the Customer once the first product and payment for the transport costs have been received by Jean Vier. Transport costs for the exchanged item are also payable by the Customer. In the case of product refund, the payment will be made either by crediting the customer’s card or by check/cheque, depending on the payment method used for the order in question. 


Article 11 - EXCHANGES-RETURNS

The customer may decide to return an item for the following reasons:
• Case 1: The contents of the package correspond to the product ordered on line, and is not flawed or defective, but the client wishes to return it.
• Case 2: The content of the package does not correspond to the product ordered on line (different colour size or model) or is flawed or defective.
In the first case, the Customer is entitled to return the article.
In the second case, the Customer is entitled to exchange the article or to a refund (article is defective or does not correspond to the product ordered on line).

The Customer has 7 days from reception of the delivery of their order to send their request by e-mail to info@jean-vier.com clearly stating the reason why they wish to make the return, (case 1 or 2) as well as the exact reference of the article in question. Créations Jean Vier will then examine the Customer’s request and will then contact the Customer by e-mail. Only after a reply from Créations Jean Vier is the Customer to return the item attached to a paper copy of the e-mail reply sent from Créations Jean Vier as well as payment by check/cheque or bank transfer (in case the article is being exchanged for a more expensive item or if the Customer is paying for transportation costs, as in case 1). The returns package must only be sent by express handlers (Colissimo recorded, FedEx, UPS or DHL, etc). The new article will be sent by Colissimo recorded. For any exchanges, any new order must be of an equal or superior value to the initial one.

Important note: All articles must be returned in their original condition. A returned article that has been damaged, washed or in any way already used, will not be taken back. Returns concerning items that are not defective and in conformity with the on line order have to be paid for by the Customer, who also has to pay for the transport costs for the replacement article sent back to them. All transport costs are calculated on the basis of SO-Colissimo rates agreed between Créations Jean Vier and the French Postal service.

Refunds : If the client wishes to be refunded in the case of a defective article or non-conform with the item ordered on line, that request must be clearly stated in the e-mail request to return the product. The refund, if accepted after examination of the request, will take the form of a check/cheque or by crediting the bank/credit card used for the purchase, as soon as the article is returned.


Article 12 - INTELLECTUAL PROPERTY AND COPYRIGHT

All the elements of the jean-vier.com website, both visual and the underlying technical aspects are protected by copyright, branding or patents.
They are the exclusive property of jean-vier.com.


Article 13 - LANGUAGES - CONTENTIONS

Except in the case of public order previsions, legal matters are to be attributed to the jurisdiction of Bayonne (Pyrénées Altlantiques) France.


LEGAL NOTICES
Créations Jean Vier, a French [limited company] with a registered capital of 485,660€, registered address at SAINT PEE SUR NIVELLE (64310), France, telephone number +33 (0)5 59 54 56 70, fax +33 (0) 5 59 54 15 26,
E-mail : info@jean-vier.com
SIRET number: 410 154 959 000 10
Registered at the (RCS) registry of trade and companies of Bayonne, France 
under no. B 410 154 959
VAT number is FR 04 410 154 959
Director: André Elustondo

Responsible for publication: André Elustondo

Website server host: LWS (Ligne Web Services), 4 rue Galvani 75838 PARIS CEDEX 17, 
Tel : 0892 230 322

CNIL declaration n° 1149406