1. Definitions
TOS means these terms of use and sale detailing the conditions for using the Site and placing Orders;
Customer means any natural person or legal entity, with or without a valid Account, and/or purchasing one or more products available on the Site;
Order(s) mean(s) the Customer’s firm order(s) for the purchase of one or more Products available on the Site;
Account means a valid User account for the placing of orders;
Content refers to the content (text, sound, videos) belonging to, and uploaded onto the Site by, JANE DE BUSSET;
Personal Data means any personal information relating to an individual, enabling her/him to be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or one or more elements specific to her/his physical, physiological, genetic, psychic, economic, cultural or social identity;
Privacy Policy means the document prepared by JANE DE BUSSET, presenting its processing of Users’ Personal Data and defining their corresponding rights;
Products designate the products offered for sale by JANE DE BUSSET via the Site. All Products offered for sale on the Site are new;
Site means JANE DE BUSSET’s e-shop accessible at www.janedebusset.com, and from which Users can place an Order;
User means any person, whether or not she/he is a Customer, visiting or consulting the Site.
2. About the website www.janedebusset.com
The Site is published by JANE DE BUSSET, a joint stock company registered with the Trade and Companies Registry of Paris under number B 632025276, with its headquarters located at 30 rue Pasquier 75008 Paris (France), represented by its CEO, Sylvie PUIG (“JANE DE BUSSET”).
These TOS are accepted by to Customers when placing Orders and are accessible to Users at all time on the Site.
By accessing the Site, Users acknowledge having read and understood these TOS and hereby agree to be bound by them.
On its sole discretion, JANE DE BUSSET reserves the right to modify these TOS at any time. The applicable TOS are those accepted by the Customer when placing the Order.
3. Placing an Order on the Site
Orders are placed via the Site.
3.1. Creating an Account
To place an Order, the User may first create an Account by choosing a password.
In case of creation of an Account, the User will receive an email from JANE DE BUSSET, confirming her/his registration.
If the User already has an Account, she/he will have to identify her/himself using her/his password. Users’ passwords are strictly personal and confidential. JANE DE BUSSET recommends to Users to regularly modify their passwords and choose strong passwords that include a combination of letters, numbers and special characters. Users should not share passwords with other individuals. Users are responsible for the loss or theft of their password if it is proven that they are responsible for such loss or theft. In this case, Users must immediately inform JANE DE BUSSET.
For more information regarding the Personal Data processed by JANE DE BUSSET, Users may consult the Privacy Policy.
3.2. Products selection and adding them to the cart of the Customer’s Account
Users may select the Products of their choice provided they are available for online sale, along with the quantity desired.
The total price including taxes.
To add a Product to the basket in her/his car, the User must:
- select the Product and the desired number;
- click on “add to cart”.
Each new addition to the cart will be mentioned on the Site by the appearance of the number of items in the cart.
At any time, the Customer may consult the details of selected Product(s) which is(are) in her/his cart, continue her/his purchases on the Site, or confirm her/his Order by completing her/his payment.
3.3. Payment enabling the completion of the Order
Before finalizing the Order and paying, the User is directed to a web page enabling her/him to view the details of selected Product(s), and may change the Products.
Before making her/his payment, the User must complete details regarding invoicing and shipping and select the shipping options.
The User will be informed of the estimated delivery time of Products.
Before payment, the User should carefully check her/his Order, confirm her/his invoicing and shipping information, and must accept these TOS.
Products may be paid for by all means of payment proposed on the Site, including credit cards (including MasterCard, Visa and American Express), and Stripe or Paypal.
The Order will only be processed by JANE DE BUSSET once payment is made by the Customer.
3.4. Order Confirmation by JANE DE BUSSET
After placing the Order, the Customer may access through her/his Account to a summary of her/his Order including the Order number. This summary will be sent to the Customer by confirmation email incorporating all the elements of the sale contract entered into the Parties.
This information constitutes proof of the nature, content and date of the Customer’s Order and is authentic, which she/he expressly accepts.
3.5. Product Delivery
Products will be delivered, depending on the Customer’s choice, to the address she/he has entered or any address communicated for this purpose on the Site, at the time of the Order is placed.
The Customer can track her/his Order on the Site, by accessing to her/his Account.
4. Terms of Purchase and Customer guarantees
To place an Order, the Customer who is an individual, must be an adult (or failing that, be over sixteen, and place the Order accompanied by her/his legal representatives) and be legally able to enter into agreements.
If the Order is made on behalf of a legal entity, the Customer declares and warrants that she/he is empowered to place the Order on its behalf. In this case, the Customer agrees to purchase the Products for personal uses and not to resell them to third parties.
The Customer warrants that the Products will not be delivered, sold, and distributed for commercial purposes.
Any Order made in violation of this article will be null and void.
By validating an Order, the Customer submits to JANE DE BUSSET an offer to buy the Products placed in the cart. JANE DE BUSSET reserves the right to refuse, cancel and cancel orders at any time if circumstances make it legitimate, especially in case of violation of these TOS or attempted fraud.
5. Information on Products & availability of products offered on the Site
The Products offered for sale are those listed in the collections accessible on the Site and that may be subject to an Order, unless they are exceptionally unavailable, or unless JANE DE BUSSET exercises its right of withdrawal.
Sales offers including promotional offers are valid as long as they are advertised on the Site. Any promotional offer not originating from the Site cannot be validly opposed to JANE DE BUSSET.
JANE DE BUSSET makes its best efforts to comply with the requirements of Article L.111-1 of the French Consumer Code by displaying the essential characteristics of the Products. Photographs or Products are for illustrative purposes alone and are not contractual.
Any Order place in violation of this article shall be null and void.
Users should consult the description of each Product to obtain its essential features. Products include different hallmarks used to certify the quality of the metals used by JANE DE BUSSET.
If the ordered Product is unavailable for exceptional reasons, JANE DE BUSSET will inform the Customer as soon as possible and the Customer may modify her/his selection or even cancel the Order. In all cases, JANE DE BUSSET will propose to the Customer another Product of an equivalent quality and price, or alert her/him, by email, in case of any future availability of the selected Product.
6. Products Prices and Shipping costs
Product prices are firm. Products shall be invoiced on the basis of the price in force at the time the Order is confirmed.
Prices are net and in euros, including taxes.
Packaging and shipping costs can be consulted on the Site and will be communicated to the Customer before the Order is validated.
In no case may the prices appearing on the Site when an Order is placed shall incur JANE DE BUSSET’s liability for future orders. Product prices may be changed at any time by JANE DE BUSSET without prior notice and excluding Orders that are being processed.
7. Products payment & Invoicing
The Customer must pay her/his Order in full by credit card or Stripe and Paypal or by any other means proposed and accepted by JANE DE BUSSET.
To proceed with the payment, the Customer will provide her/his payment details via the service provider responsible for the online processing of payments. Transactions made by credit card are secure.
If a payment is refused, JANE DE BUSSET will suspend the Order and any possible delivery and the Customer must contact the issuer of the payment card responsible for such a refusal.
Products ordered remain the property of JANE DE BUSSET until full payment of their price. In the event of a payment default, the Customer undertakes to return to JANE DE BUSSET the Product(s) received upon first request. At delivery date, the risks (including loss, theft or damage) relating to the delivered Products are fully assumed by the Customer.
All invoices are dated on the day that the Order is placed. The invoice is sent by email to the Customer.
8. Dispatch & delivery of the Order
Products will be delivered, depending on the Customer’s choice, to the address she/he has entered or any address communicated for this purpose on the Site, at the time of the Order is placed.
Unless otherwise stated on the Site, JANE DE BUSSET may dispatch the products to mainland France (including Corsica), in all countries of the European Union and internationally under the conditions specified on the Site.
Delivery will be operated by Colissimo and will take place within an average of 2 to 7 days from the receipt of the order form, depending on the delivery method chosen and no later than 30 days from receipt of the order form. Shipping is handled by our delivery agents. JANE DE BUSSET cannot be held responsible for any delivery delays.
In the event of deliveries outside mainland France, customs or other local taxes, may be applicable, which are exclusively borne by the Customer and which are under her/his full responsibility, including the reporting and payment. Customers should check with their local authorities prior to the Order.
The delivery will be deemed as complete upon the Customer or his chosen recipient’s receipt of the Order. It is their responsibility to check upon receipt that the Products have not been damaged during transportation and to immediately notify JANE DE BUSSET if this is the case.
No dispute relating to the delivery itself is possible if the package appears to have been delivered, the carrier’s computer system or the signature of the delivery note will be deemed as authentic.
JANE DE BUSSET will be exempt from all or part of its responsibility for any delay or failure to comply with obligations by demonstrating that this failure is either due to the Customer, or to the fact, which is unforeseeable and unavoidable, of a third party, or to a case of force majeure, as provided by Article L.121-19-4 of the French Consumer Code.
9. Right of withdrawal for non-professional Customers
Pursuant to applicable legal provisions, the non-professional Customer has a right of withdrawal that can be exercised without having to provide a reason within a period of fourteen (14) days from the receipt of the Products. If the Order includes several products, the withdrawal period runs from receipt of the last Product.
In order to exercise the right of withdrawal, the Customer must return the withdrawal form reproduced hereunder, or a written JANE DE BUSSET unambiguously expressing her/his intention to withdraw from the sale contract to JANE DE BUSSET at the following address:
JANE DE BUSSET
30 rue Pasquier, 75008 PARIS, France.
Products must be returned by the Customer within fourteen (14) days from the communication of his/her decision to withdraw.
Upon exercise of the right of withdrawal within the aforementioned period, and in accordance with Article L121-20-1 of the French Consumer Code, the amount of the Order and any delivery charges will be refunded to the Customer, with the exception of any customs clearance costs.
Products must be returned to the following address: JANE DE BUSSET c/o Société ADARYS, 7 Avenue Ferdinand de Lesseps, 91420 MORANGIS, France, or any address provided for this purpose on the Site, in perfect condition for resale (not used, undamaged, not soiled or dirty), in their original packaging, coupled with any accessories (except gift wrapping) and a copy of the invoice.
If the return is accepted after checking the condition of the Product(s)s, JANE DE BUSSET will make the refund by the same means of payment as that used by the Customer no later than fourteen (14) days from receipt of the Product(s) by JANE DE BUSSET or the transmission of proof of shipment of the Product(s).
Model withdrawal form to be pasted and to be returned by egistered letter with acknowledgment of receipt, with the products at the following address:
JANE DE BUSSET
30 rue Pasquier, 75008 PARIS, France.
I _______________________ hereby notify
you of my withdrawal of the order n°_________________ concerning the products
____________ below:
Ordered on: _______________ / received on ______________
Customer name: __________________________
Customer address: _______________________
Date: ____________________________
Customer signature :
10. Instructions for returned products
Any customer may request the exchange of his article within 14 days from the order’s date. Returns of orders shipped in metropolitan France and outside mainland France are the the customer’s expense.
The product for which the Customer requests an exchange must be intact, unopened and in its original packaging.The Customer must enclose with his shipment the product, the number of the order concerned by the return, the designation of the product(s) concerned by the return, as well as an exchange request or purchase order.
Please contact us by email: janedebusset@gmail.com and we will give you the return address.
We recommend the customer uses a delivery service that provides a tracking number. Without a tracking number, we cannot accept any returns.
If the returns request is refused by JANE DE BUSSET, it will then be returned to the customer with no charge and they will receive no refund or exchange.
11. Non-compliance of products and hidden defects
The provisions of this article are without prejudice to the right of withdrawal provided for in Article IX.
Pursuant to applicable legal provisions, the Products enjoy the legal guarantees of compliance provided for by Articles L.211-4 et seq. of the French Consumer Code and hidden defects provided by Articles 1641 et seq. of the Civil Code.
The Customer has a period of two (2) years from the delivery of Products to act as a legal guarantee of compliance or lack of hidden defects.
Products will be returned, in accordance with the return procedure referred to in Article IX by writing to the address janedebusset@gmail.com in perfect condition for their resale (not used, not consumed, not damaged or not soiled) in their original packaging, together with any accessories (except gift box) and a copy of the invoice.
If the return is accepted, the Customer may request the repair or replacement of the Product, or this is not possible, the resolution of the sale or reduction in the sale price for the Products that are affected by hidden defects.
12. Responsibilities and guarantees
The User is solely responsible for his Account, which in particular will enable him to manage her/his Orders (current and past), Personal Data, and password.
The Customer is fully responsible for any payment problems. The Customer guarantees JANE DE BUSSET that she/he is fully entitled to pay in full for any Order she/he places.
JANE DE BUSSET, subjected to an obligation of means, may not be held responsible for:
- Any shortage in stocks that could occur after an Order is placed;
- the partial or total failure to carry out its obligations, or any delay in the execution thereof, if such a failure or delay was caused by the occurrence of unpredictable, uncontrollable, or external events or if this or failure or improper execution is due to Users or if it unpredictably and insurmountably due to a third party;
- difficulties related to the internet and webhosting and more generally any technical problem that may occur on the Site.
Access to the Site may be interrupted for technical reasons without liability from JANE DE BUSSET.
If the liability of JANE DE BUSSET were to be incurred for any reason whatsoever, the maximum amount of damages which JANE DE BUSSET could be ordered to pay may in no way exceed the amount of the Order.
13. Contact
Address: janedebusset@gmail.com or by telephone on +33 (0)1 42 65 53 55.
14. Intellectual property
The Site is an intellectual work protected by the intellectual property rights. It is the exclusive property of JANE DE BUSSET.
Any reproduction or representation of the Site, or any part thereof, on any media whatsoever, for any purpose, including commercial, is expressly prohibited.
JANE DE BUSSET does not control the content, advertising, products or services available on or from sites linked to its Site.
15. Deletion of Account
The Customer may request JANE DE BUSSET to delete her/his Account by writing an email to janedebusset@gmail.com.
The Account will be deleted two months after the request is received by JANE DE BUSSET and will exclude any ongoing Orders.
The Customer will have to retrieve the invoices of her/his Orders before her/his account is deleted.
16. Force Majeure
Neither the Customer nor JANE DE BUSSET will be held liable for any default or delay in the execution of the contract which is caused by reasons that are beyond her/his/its control, such as fires, floods, epidemics, famines, earthquakes, hurricanes and other natural catastrophes, or even the regulations or acts of any authority or a civil or military act of any self-regulatory body, or wars, terrorism, riots, civil unrest, sabotage, theft or other criminal acts carried out by third parties.
17. Final provisions
The TOS, Privacy policy and terms of the Order constitute the entire agreement between Users and JANE DE BUSSET.
The non-claim by JANE DE BUSSET of one of the provisions of these TOS cannot be deemed or construed as a waiver.
If one or more provisions of these TOS are declared invalid, the others will maintain their full force and effect. In this case, the parties shall, if possible, replace this cancelled stipulation by a valid provision corresponding to the essence and purpose of these TOS.
These TOS are governed by French law. The French version of these TOS shall prevail over any other version.
In case of dispute, the non-professional Customer has the possibility of having recourse to mediation or any other alternative disputes resolution.
TO THE EXTENT PERMITTED BY LAW, ANY DISPUTE REGARDING THE VALIDITY, INTERPRETATION OR EXECUTION OF THESE TOS WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE PARIS COURT INCLUDING IN THE EVENT OF RECOURSE IN WARRANTY OR MULTIPLE DEFENDANTS.