TERMS AND CONDITIONS OF USE OF THE JICQY LES MIRETTES WEBSITE
INTRODUCTION
This document sets the conditions of use of this website and of the purchase of the products offered (hereinafter, the "Conditions"). We kindly request you to read the Conditions thoroughly before using this website. When using this website or ordering products through the website you are agreeing to these conditions. If you do not wish to accept them, you should not be using this website. These Conditions are subject to changes. It is your responsibility to read them periodically.
OUR DATA
This website is operated under the name www.jicqylesmirettes.com.
YOUR DATA AND YOUR VISITS TO THE WEBSITE
The information or personal data that you provide us with will be strictly confidential. When using this website you give your consent for the treatment of such information and data and you declare that the information and data provided are true and accurate.
USE OF OUR WEBSITE
When using this website and making orders you undertake to:
1. Use this website for making legally valid consultations or orders only.
2. Not make any false or fraudulent orders. If we could reasonably consider that any such order has been made we will be authorised to cancel it and inform the authorities.
3. Provide us with your e-mail address, postal address and/or any other data in a true and accurate fashion. Likewise, you accept that we will be able to use such information to contact you if necessary. If you do not provide us with all the relevant information, we will not be able to process your order.
When making an order through this website, you declare you are older than 18 and that you are legallly capable to enter into contracts.
CONTRACT CELEBRATION
The information contained in these Conditions and the details contained in this website do not constitute a sale offer, but an invitation to enter into a contract. No contract will exist between you and us in relation with any product until your order has been expressly accepted by us. If your offer is not accepted and any amount has been charged to your account, you will receive a complete refund.
So as to make an order, you will need to follow the online purchase proceedures and click "Accept payment". After this, you will receive an e-mail certifying your order has been received (the "Order Confirmation"). Please bear in mind that this does not mean that your order has been acceptted, but an offer you are making us to buy one or more products. All orders are subject to our acceptance, of which you will be informed through an e-mail whereby we will confirm you that the product has been shipped (the "Shipping Confirmation"). The purchase contract between you and us (the "Contract") will be formalised only when you receive the Shipping Confirmation.
Only the products referred to in the Shipping Confirmation will be object of the Contract. We will not be bound to provide you with any products you may have order until we confirm their shipping through a Shipping Confirmation.
AVAILABILITY OF PRODUCTS
All product orders are handmade in limited edition. Therefore, if difficulties of supply arise, or if we run out of stock, we reserve our rights to inform you about substitute products of similar or greater quality and value that you will be able to order. If you do not wish to make an order of such substitute products, we will reimburse any amount you may have paid.
REFUSAL TO PROCESS AN ORDER
We reserve our right to withdraw any product from this website at any time, and to remove or modify any material or content contained therein. Although we will do our best to process every order, exceptional circumstances may arise that could force us to refuse the processing of some order after the Order Confirmation has been sent, and we reserve our right to do so at any moment, at our free will.
We will not be liable to you or any third party for withdrawing any product from this website, even if the product has been sold, removing or modifying any material or content from the website, or if we refuse to process an order once the Order Confirmation has been sent.
DELIVERY
Notwithstanding the above clause on availability of products, and except for the case in which extraordinary circumstances may arise, we will try to send the order referred to in each Shipping Confirmation Order before the delivery date contained therein, or, if no such date is mentioned, within 15 working days from the Shipping Confirmation for orders within the French territory and 20 working days for orders outside the French territory.
However, delays may occur due to the following reasons: customising of products, specialty products, unforeseeable circumstances or delivery zones.
If for some reason we are unable to deliver the products within the deadline, we will inform you and we will give you the option to continue with your purchase providing you with a new delivery date or to cancel the order and get a complete refund of the price paid. Please bear in mind that we do not deliver on Saturdays and Sundays. We will consider that the delivery has been successful when the reception has been signed at the designated address.
IMPOSSIBILITY OF DELIVERY
If after two attempts it is impossible to deliver your order, we will look for a safe place to deposit it. Likewise, we will leave you a note indicating the location of your order and how to proceed to pick it up. If you know that you will not be at the delivery address at the delivery date we encourage you to contact us and inform us.
If after 15 days since the date your order is available for delivery, delivery has not been possible due to reasons beyond our control, we will deem that you wish to abandon the Contract and we will consider it terminated. As a result of the termination of the Contract, we will reimburse you with the price as soon as possible, and, in any event, within 30 calendar days since the date in which we considered the Contract terminated, as long as we have been able to recover the products. In this case, we will be authorised to charge you with the resolution and transportation costs.
TRANSMISSION OF THE RISK AND PROPERTY OF THE PRODUCTS
The product risks will be assumed by you once the product has been delivered. You will have title to the products once we have received the complete payment of any amounts due, including shipping costs, or at the delivery date (according to the previous clause) if this happened later in time.
PRICE AND PAYMENT
The price of each product wil be the price indicated in our website at any given moment, but for the case of a blatant error or mistake. Although we make it our aim that all prices are correct and accurate, errors and mistakes may happen. If we discovered a mistake in the price of any product that you have ordered, we will inform you as soon as possilbe and we will give you the option of reordering your product at the new price or cancelling it. If we are unable to reach you, the order shall be deemed cancelled and any amounts paid will be reimbursed.
We will not be bound to provide you with any products at a lower incorrect price (even if we have sent the Shipping Confirmation) as long as the mistake in the price is obvious and inequivocal and could have been reasonably noticed by you as an incorrect price.
VAT is included in the price, but not shipping costs, that will be added to the total amount as mentioned in Shipping and
RETURNS AND EXCHANGES POLICY
1. Legal right to abandon the purchase
According to the applicable law, if you are contracting as a consumer, you will be able to abandon the Contract (except when the object of the Contract is one of the products where the right to abandon is excluded according to the next clause) at any time within 7 working days since the date of delivery of your order. In such case, you will be reimbursed of the price paid for such products. You will assume the direct costs of return of the product.
You will be able to prove the exercise of the right to abandone by any means admitted by law, and in any case by the devolution of the products. This disposition does not affect other rights recognised to consumers by law.
2. Contractual right to abandon the purchase
On top of the aforementioned legal right to abandon the purchase recognised to consumers by law, you will be granted a 30 days period starting on the Shipping Confirmation date to return the products (except the products mentioned in the next clause, where the right to abandon the purchase is excluded). In this case, you will be reimbursed of the price paid for such products. You will assume the direct costs of return. You will have to excercise your abandonment right through the return of the products following your communication with us through jicqylesmirettes@gmail.com
3. Common dispositions
You will not be entitled to abandon the Contract if the object of such contract is any of the following products: customized products, earrings and hair products. Your right to abandon the Contract will only apply for products returned in the same condition as received. Please use the original packaging to return the product. In any event, you will have to return the documents received withe the product. No refund will be made if the product has been used beyond its opening or has been damaged. You will have to take good care of the products while you keep them. Only changes of size or color wil be allowed. The products will have to be returned in the same packaging than received, according to the 'RETURNS' information contained in this website.
You will be responsible for the costs of return. Please bear in mind that if you decide to return the products at our cost we will be authorised to charge you with the costs we may incur. After careful examination of the product we will let you know if you have the right to be reimbursed of the amounts payed. The reimbursement will be carried out as soon as possible and, in any event, within 30 days since the date we have received the returned product. The reimbursement will be carried out through the same payment method you used. For any questions or concerns, you may contact us through jicqylesmirettes@gmail.com
INTELLECTUAL PROPERTY
You recognise and consent that every copyright, registered brand and any other intellectual property rights on the materials and contents of this website belong to us and to our licensees. You will only be allowed to use such contents if expressly authorised by us or by our licensors. This will not prevent you from using this website to copy information about your order or our contact details.
LINKS FROM OUR WEBSITE
In the case that our website contains links to other websites or third parties materials, such links will only be provided for information purposes, without us having any control over the contents of such websites or materials. Therefore, we will not accept any responsibility for any damage or loss stemming from its use.
WRITTEN COMMUNICATIONS
Applicable regulations require us to communicate with you and send you information in writing. Through the use of this website you accept that most communications with us shall be conducted by electronic means. We will contact you through the e-mail or inform you through notices in our website. You consent to this communication method and acknowledge that any contract, notification, information or any other communication that we send you electronically is legally binding. These conditions will not affect any rights recognised to you by the law.
NOTIFICACIONS
The notifications that you send us will have to be sent preferably through jicqylesmirettes@gmail.com. According to the previous clause and unless otherwise specified, we will be allowed to communicate with your through the e-mail or the postal direction provided by you when completing your order.
ASSIGNMENT OF RIGHTS AND OBLIGATIONS
The Contract is binding both for you and us, and for assignees and successors. You will not be allowed to transfer, assign or dispose of this Contract or any of its rights and obligations without our prior written consent.
We wil be allowed to transfer, assign, dispose of or subcontract this Contract or its rights and obligations at any time during the life of this contract. To avoid any doubt, such transmissions or transfers will not affect the rights that you may have as a consumer recognised by the law, or shall not render void, reduce or limit in any other way the guarantees, express or tacit, that we may have granted.
FORCE MAJEURE EVENTS
We will not be responsible for any lack of compliance or delay in the fulfilment of any obligations assumed under a Contract, if they arise from events beyond our reasonable control ('Force Majeure Cause'). Force Majeure Causes will include any act, event, lack of action, lack of exercise, ommission or accident beyond our reasonable control, and among others, the following: strikes, lockouts, riots, invasions, terrorist attacks or threats, war (wether declared or not), or war threats or preparations, fires, explosions, storms, floods, earthquakes, epidemies or any other natural disaster; impossibility to use trains, ships, planes, or any other transportation means, both public or private: impossibility to use public or private systems of telecommunications; acts, decrees, legislation or restrictions from any government or public authority: strikes, disruptions in maritime or river transportation, postal communications or any other transportation means.
Our obligations deriving from the Contracts will be suspended during the period in which the Force Majeure Cause is present, and the deadlines to fulfill our obligations will be extended for an equal period. We will use all reasonable means to put an end to the Force Majeure Event or to find a solution that will enable us to comply with our obligations under the Contract despite the Force Majeure Cause.
OUR RIGHT TO MODIFY THESE CONDITIONS
It is our right to review and modify the current Conditions at any time. You will be subject to the Policy and Conditions applicable at the time of use or purchase, but for the case that retroactive changes in such policies, Conditions or Privacy Notice are required by the law or any authority, in which case such changes will also affect previously made orders.
LAW AND JURISDICTION
The use of our website and the related purchase contracts are subject to French Law. Any dispute arising from the use of our website or the related purchase contracts will be subject to the jurisdiction of French Courts. If you are contracting as a consumer, this clause shall not affect your legal rights under the applicable legislation.
COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send them to us at jicqylesmirettes@gmail.com. Complaint forms are available for consumers. You can ask for them at jicqylesmirettes@gmail.com.