GENERAL TERMS AND CONDITIONS OF SALE
"Customer(s)" refers to the Internet user(s) browsing the Site and making an online purchase of Product(s) on the Site;
"General Terms and Conditions of Sale" refers to the present general terms and conditions of sale, which are applicable to the sale of any Product on the Site;
"Party(ies)" refers alternatively or collectively to John Roger and/or the Customer(s) ;
"Product(s)" refers to the ceramic products made totally by hand by Jean Roger in its workshops, offered for sale on the Site, under the conditions of Article 3 below;
"Site" refers to Jean Roger's Internet site which is accessible via the Internet at the address https://www.jeanrogerparis.com offering the Products for sale.
2. PURPOSE - SCOPE OF THE GENERAL TERMS AND CONDITIONS OF SALE
The purpose of the present General Terms and Conditions of Sale is to define, because of the relationships that they establish on the Site, the modalities of online sale of the Products by Jean Roger to the Customers, as well as the rights and obligations of the Parties resulting from the online sale of the Products offered on the Site. They determine all the steps necessary for placing the order and ensure the follow-up of this order between the Parties.
It is specified that the Customer can save or print the present General Terms and Conditions of Sale, provided that they are not modified.
Jean Roger reserves the right to update the General Terms and Conditions of Sale at any time. It is however understood that the General Terms and Conditions of Sale applicable to any order are those accepted by the Customer at the time of the validation of their order.
The General Conditions of Sale apply to any sale concluded remotely, i.e. carried out online on the website https://www.jeanrogerparis.com
The Products offered for sale by Jean Roger are those that appear on the Site, on the day of consultation of the Site by the Customer. Jean Roger reserves the right to modify the assortment of Products on sale at any time.
The prices of the Products are fixed. They are indicated in Euros. The price in force is the one indicated on the Site at the time of the placing of the order. These prices take into account the V.A.T. applicable on the day of the order but do not include the possible delivery charges which will be invoiced in addition and will be specified to the Customer at the time of the final validation of their order.
The amount of any delivery charges is calculated on a flat-rate basis as described in Articles 6.2 and 8 below.
The price invoiced to the Customer is the price indicated at the time of payment and on the order confirmation sent via e-mail by Jean Roger to the Customer.
The Customer accepts that Jean Roger reserves the right to modify its prices at any time, without any other formality than posting the modifications on the Site. These modifications will not, however, have any impact on the orders that Jean Roger will have accepted before the entry into force of these modifications, subject to the availability of the Products ordered.
5. RETENTION OF TITLE
The Products ordered remain the property of Jean Roger until full payment has been received. On the other hand, on the effective date of delivery, the risks (notably of loss, theft or deterioration) concerning the delivered Products are assumed by the Customer.
6. ORDERING METHODS
6.1 Orders placed on the Site
6.1.1 Navigation within the Site
The Customer may learn about the different Products offered for sale by Jean Roger on the Site. The Customer can navigate freely on the various pages of the Site, without being committed to an order.
6.1.2 Registration of the order
To place an order on the Site, the Customer must be of legal age and have legal capacity.
In order to place an order, the Customer can connect to his account or create an account if he does not have one, or fill in only the elements necessary for the order.
It is specified that the Products are intended for strictly personal use by the Customer, without any direct connection to a professional activity. In any case, the Customer declares that he/she is acting as a consumer and that he/she excludes any intention of direct or indirect resale of one or several Products for commercial purposes.
To place an order on the Site, the Customer may choose the different Products in which he/she is interested and wishes to purchase. To do so, the Customer must click on the "ADD TO CART" button and specify the desired quantities, if applicable. The Product(s) will then be added to the "Customer's Cart". After having filled their " Cart ", the Customer clicks on the button " FINALIZE THE ORDER " and provides their e-mail address, the billing address and the desired delivery address. The amount of the possible delivery charges is specified on this occasion. Once all of this information has been duly entered and validated, the price of the Products - as defined in Article 4 hereof - as well as any delivery charges are automatically displayed.
6.1.3 Product availability
Orders will be accepted within the limits of available stocks. To this end, the Customer is informed of the state of the stock at the time of the order by the Jean Roger online store.
If, in spite of the vigilance of Jean Roger, one or more ordered Products are definitively no longer available. Jean Roger will inform the Customer by any means (telephone call or electronic mail) as soon as possible. In this regard, the Customer may obtain the cancellation of the order for the Product or Products concerned. In this case, Jean Roger will reimburse the Customer, within a maximum period of fourteen (14) days from the cancellation, the price possibly invoiced for the unavailable Product(s) by crediting the Customer's bank account.
6.1.4 Delivery territory eligible for an order
The Customer acknowledges that Jean Roger makes deliveries throughout the world (hereinafter the "Territory").
6.1.5 Final validation of the order
The Customer shall provide the information relating to the chosen method of payment in accordance with the conditions of Article 7 of these General Terms and Conditions of Sale.
Before clicking on the button "PAY NOW", the Customer has the possibility of :
- modifying their order by returning to the previous steps or by browsing the Site.
6.1.6 Confirmation of order acceptance
The sale will only be considered final after Jean Roger has sent the Customer confirmation of acceptance of the order by e-mail. In accordance with the provisions of Article 1126 of the Civil Code, the Customer formally accepts the use of electronic mail for confirmation by Jean Roger of the contents of its order. This confirmation e-mail includes all of the information communicated by the Customer. It also mentions the order number assigned to the Customer by Jean Roger.
7.1. Payment for orders placed on the Site
7.1.1 Payment cards
Unless the server is unavailable, the Customer may pay for his order after its final validation on the Site by means of a Credit or Debit card. On the Site, the Customer will enter his card number, the expiry date, the name of the cardholder and the visual cryptogram (the last three or four numbers written on the back of their bank card). Payments by cheque are not accepted.
Payment is made via the secure server of our partner, STRIPE, a secure payment operator. This implies that no banking information concerning the Customer passes through the Site. Payment by card is therefore perfectly secure. The information relating to payment by card is clearly indicated on the Site.
Jean Roger reserves the right to refuse any order or any delivery in the event of shortage of stock of the Product concerned, of existing litigation with the Customer, of non-payment total of a preceding order by the Customer, of refusal of authorization of payment by bank card of the banking organizations or for any other legitimate reason. The Customer guarantees Jean Roger that he/she has the necessary authorizations to use the method of payment chosen at the time of validation of the order. In the event of refusal of the bank, the order will be automatically cancelled and the Customer will be informed via an email.
As part of the fight against Internet fraud, information relating to orders is controlled by the payment partner designated by Jean Roger: STRIPE, secure payment operator. This company is responsible for the storage and automated processing of information relating to each order, including credit card details, in a secure environment. Furthermore, the Customer is informed and accepts that the information relating to the order (identity, identifier, e-mail address, telephone number, billing address, delivery address, means of payment, etc.) is subject to automated data processing for which STRIPE is responsible. The purpose of this automated data processing is to define a level of analysis of a transaction and to fight against fraud. STRIPE and Jean Roger are the recipients of the data relating to the Customer's order. The non-transmission of data related to the order prevents the transaction from being carried out and analyzed. The occurrence of an unpaid order due to fraudulent use of a bank card will result in the registration of the contact information related to the order associated with this unpaid order in a payment incident file implemented by STRIPE. An irregular declaration or an anomaly may also be subject to specific processing.
In the case of Internet payments, the control will be carried out online with the competent banking establishments and organizations, which will be queried via the STRIPE system. For this purpose, STRIPE will store and automatically process information relating to each order, including credit card details, in a secure environment.
8.1 The Products ordered via the Site are delivered by La Poste Colissimo.
In the event of a delivery defect or dispute relating to the delivery data (delivery date, signature on delivery, etc.), the Customer must contact Jean Roger's Customer Relations Department in order to open a complaint procedure. Jean Roger's Customer Relations Department may request any information relating to the identity of the Customer or the third party beneficiary and proceed with any useful verification on this occasion, and in particular request a handwritten attestation on honour, in order to obtain from the carrier a copy of the digitized signature including the date and signature of the recipient of the package and to open an investigation.
8.2 The delivery of the Products can only be carried out to the delivery address indicated by the Customer at the time of the order.
The Customer is informed and accepts that their order must be signed for on delivery, regardless of the delivery method chosen. The Customer must therefore ensure that he/she indicates a delivery address that will allow the carrier, in the absence of the Customer or third party beneficiary, to either deliver the package personally to a receiver who is able to sign for it (building janitor, reception service, etc.), or to leave a notice of pending delivery allowing the Customer or third party beneficiary to collect the package.
The following deliveries will be excluded. Deliveries for which the delivery address given on the Site is that of :
- from a hotel (except for the In-Store Telephone Ordering Service) or other lodging house;
- of a poste restante (general delivery);
- a post office box;
- a non-fixed address or domicile (i.e., and without this list being exhaustive, mobile homes, caravans, campsites, and other non-fixed domiciliations) or in a collective place where an individual address cannot be clearly and durably attributed to a physical or legal person.
8.3 The delivery of the Products will take place, after full payment of the order amount has been recorded, at the delivery address indicated by the Customer. To this end, the latter undertakes to have communicated an exact delivery address to Jean Roger.
8.4 The delivery of Products ordered via the Site shall take place on the date or within the period indicated to the Customer by Jean Roger or, failing that, at the latest within thirty (30) days after validation of the order.
8.5 The Customer is informed that Jean Roger reserves the right to proceed to the verification of the identity of the Customer before any delivery (valid ID).
9. DEFECTS IN DELIVERY - CONFORMITY - LEGAL GUARANTEES
9.1 The Customer must check the external condition of the package and the Products upon delivery and verify that the Products delivered correspond to the order. Any anomaly concerning the delivery (damaged packages, missing Products compared to Jean Roger's invoice, late delivery, etc.) must be noted on the delivery receipt presented by the carrier. The Customer must also report this anomaly in writing to Jean Roger (by mail to the following address: Jean Roger - 18 place des Vosges - 75004 PARIS) or by e-mail to the address firstname.lastname@example.org in order to improve the quality of service which could be proposed to him and to make it possible Jean Roger to carry out an investigation of the carrier.
9.2 In the event that the Customer has reported a missing Product, an investigation will be initiated with the carrier. If at the end of this investigation, the Product or the order is found, it will be redirected to the place of delivery designated in the order form. On the other hand, if at the end of this investigation, the Product ordered or the order is not found, Jean Roger will reimburse the Customer for the totality of the sums paid at the latest within 14 days following the end of the investigation.
10. LIMITATIONS OF LIABILITY
10.1 While taking the greatest care and accuracy in putting information online, in the descriptions of the Products and in the data available on the Site, Jean Roger cannot be held responsible for non-substantial errors that may occur. Similarly, although the photographs and other reproductions of the Products on the Site faithfully represent them - and this, within the limits of the technique and in compliance with the best market standards - these may nevertheless present non-substantial errors, which the Customer recognizes and accepts.
10.2 Jean Roger will not be held responsible for :
- interruptions or delays recorded on the Site due to the execution of maintenance work, technical breakdowns, force majeure, the fact of third parties or any circumstances beyond its control;
- the impossibility for the Client or Jean Roger to contact the Customer Relations Department or to temporarily access the Site, due to facts beyond its control, such as: computer breakdowns, interruptions in the telephone network, the Internet network, failure of the equipment for receiving the said Internet network, etc.
10.3 Jean Roger does not guarantee that the Site will be available continuously, without temporary interruption, without suspension or without error.
10.4 The Customer remains the sole judge of the appropriateness and suitability of the Products that he/she orders for his/her needs and consumption.
10.5 Jean Roger cannot be held responsible for the use of Products that do not conform to their intended purpose.
10.6 Jean Roger cannot be held responsible for (i) the loss, alteration or fraudulent access to the Customer's personal data, (ii) the accidental transmission of viruses or other harmful elements, resulting from access to the Internet or transmissions by e-mail.
10.7 Jean Roger's liability will in any case be limited to direct damages only.
10.8 Jean Roger reserves the right to suspend the operation of the Site.
11. PERSONAL DATA
The personal information collected (identity, username, password, e-mail address, telephone number, billing address, delivery address, means of payment, etc.) in the context of remote selling is mandatory, as this information is necessary for the management of the customer's account, the processing and delivery of orders, as well as for the preparation of invoices. The lack of information implies the automatic rejection of the order. They can be transmitted to the partners, in particular commercial partners of Jean Roger (intermediaries for the payment of the orders and the fight against fraud: STRIPE, or for the routing of the orders in particular: La Poste). This information and data are also preserved for security purposes, in order to respect the legal and lawful obligations and to make it possible for Jean Roger to improve and personalize the proposed services and information addressed to the Customer. This information is strictly confidential.
In accordance with the General Data Protection Regulation (RGPD) and the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms, the Customer has the right to access, rectify, object to and delete data concerning him/her with Jean Roger as well as the right to limitation and portability, when applicable.
12. FORCE MAJEURE
Jean Roger cannot be held responsible for the total or partial non-execution of its obligations, if this non-execution is due to a fortuitous event or to the occurrence of an element constituting force majeure within the meaning of Article 1218 of the Civil Code.
Such an event shall constitute a cause for suspension and/or extinction of Jean Roger's obligations to the Customer, without compensation to the Customer.
In the event that this suspension of the execution of Jean Roger's obligations continues beyond a period of fifteen (15) days to be counted from the notification by Jean Roger to the Customer of this suspension, the Customer will then have the possibility of cancelling the order in progress and will then be reimbursed by Jean Roger, within fourteen (14) days following the cancellation, by credit to the Customer's bank account.
13. INTELLECTUAL PROPERTY
All intellectual property rights, whatever their nature, attached to all of the Products sold on the Site and the elements appearing on the Site (including in particular: texts, logos, trademarks, graphics, images, photos, videos, animations, names and any other element) are and remain the exclusive property of Jean Roger, and are exclusively reserved to Jean Roger. Under these conditions, no one is authorized to reproduce, represent, exploit, adapt, distribute or use, by any process whatsoever, for any reason whatsoever, partially or entirely, the intellectual property rights on the Products sold on the Site and the elements appearing on the Site, without the prior written consent of Jean Roger.
15. ENTIRETY OF THE CONTRACT
The fact that Jean Roger refrains from demanding at a given moment the execution of any of the stipulations of the present General Conditions of Sale cannot be interpreted as a renunciation to invoke the said total or partial non-execution at a later date.
17. VALIDITY OF THE GENERAL CONDITIONS OF SALE
If any of the terms of these General Terms and Conditions of Sale are declared invalid in whole or in part, the other provisions and the other rights and obligations arising from these General Terms and Conditions of Sale shall remain unaffected and applicable.
18. APPLICABLE LAW - DISPUTES
The present General Conditions of Sale and the contractual relations between Jean Roger and the Customer are governed by French law. In the absence of an amicable solution or recourse to mediation, all disputes between Jean Roger and the Customer will be submitted to the competent court.