General Conditions of Sale

Date of last update : 14/12/2020

Between the company Just Add Water Studio, F&H company,
33 quai Arloing, 69009 Lyon, France,
SAS with a capital of 1,000 euros,
registered with the Lyon Trade and Companies Registry,
under SIRET number 823 205 497,
represented by Sébastien Brusset
as an Officer, duly authorized for the purposes hereof.
The company can be reached by e-mail by clicking on the contact form accessible via the home page of the site.
Hereinafter referred to as the “Seller” or the “Company”.
On the one hand,
And the individual or legal entity purchasing products or services from the company,
Hereinafter referred to as the “Buyer” or “Customer”.
On the other hand,
It was outlined and agreed as follows:

Preamble

The present general conditions of sale (hereafter the “General Conditions”) apply to any purchase made by an Internet user / natural person (hereafter the “Buyer”, or “the Customer”) on the Internet site https://jam-vision.fr/ (hereafter the “Site”) from JAM-Vision, E-mail: info@jam-vision.fr (hereafter the “Seller” or the “Company” ).
Important Any order placed on the Site implies the Customer’s unreserved acceptance of these general terms and conditions of sale.
Article 1: Purpose
These General Terms and Conditions of Sale (hereinafter the “GTC”) determine the rights and obligations of the parties in connection with the online sale of Products or Services offered by the Seller.

Article 2: General provisions

These T&Cs govern sales of Products or Services made through the Company’s websites and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has accepted them before placing an order.
The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The applicable GTC then are those in force on the date of payment (or the first payment in case of multiple payments) of the order. These GTC can be consulted on the Company’s website at the following address: __
The Company also ensures that their acceptance is clear and without reservation by setting up a checkbox and a validation click. The Client declares that he has read all of these General Terms and Conditions of Sale, and where applicable the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation.
The Customer acknowledges that he has benefited from the advice and information necessary to ensure that the offer meets his needs.
The Customer declares that he is legally able to contract under French law or validly represent the natural or legal person for which he is committing himself.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.

Article 3 : Price

The prices of the products sold through the Internet sites are indicated in Euros excluding taxes and precisely determined on the Product description pages. They are also indicated in Euros including all taxes (VAT + any other taxes) on the product order page, and excluding specific shipping costs. For all Products shipped outside the European Union and/or French overseas departments and territories, the price is automatically calculated net of tax on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller.
They shall be borne by the Buyer and are its responsibility (declarations, payment to the competent authorities, etc.). The Seller therefore invites the purchaser to inquire about these aspects with the corresponding local authorities. The Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are to be borne by the Customer. Where applicable, delivery costs are also payable by the Client.

Article 4: Conclusion of the online contract

In accordance with the provisions of Article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to complete his order:
Information on the essential characteristics of the Product ;
Choice of the Product, if any, of its options
Indication of the essential coordinates of the Customer (identification, e-mail, address…);
Choice of the mode of delivery
Choice of payment method with acceptance of these Terms and Conditions of Sale
Verification of the control elements and, if necessary, correction of errors. Before proceeding to its confirmation, the Purchaser has the possibility to check the details of his order, its price, and to correct any errors, or to cancel his order. The confirmation of the order will lead to the formation of this contract.
Then, followed by instructions for payment, payment of the products, then delivery of the order. The Customer will receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirming it.

During the ordering process, the Customer will have the possibility to identify possible errors made in the data entry and to correct them. The language proposed for the conclusion of the contract is French.
Where applicable, the professional and commercial rules to which the author of the offer intends to subject himself are available in the section “ancillary rules” of these GCS, which can be consulted on the Seller’s website at the following address __
The archiving of communications, the order, the details of the order, as well as the invoices is carried out on a reliable and durable support so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the civil code. This information may be produced as proof of the contract.
For the products delivered, the delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide his true identification elements. In the event of an error in the registration of the address by the Customer, the costs of returning the order to the correct address shall be borne by the Customer.
The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.

Article 5: Products and services

The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s websites, as well as, where applicable, the method of use of the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by means of marking, labelling, display or any other appropriate process, of the prices and special conditions of sale and performance of services before any conclusion of the sales contract. In all cases, the total amount due by the Buyer is indicated on the order confirmation page. The sale price of the product is the current price indicated on the day of the order, which does not include shipping costs charged in addition. These possible costs are indicated to the Buyer during the sales process, and in any event at the time of order confirmation. The Seller reserves the right to modify its prices at any time, while guaranteeing the application of the price indicated at the time of the order.
When the products or services are not performed immediately, clear information is given on the product presentation page as to the estimated delivery dates of the products or services. The customer certifies having received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract, as well as detailed information relating to the identity of the seller, his postal, telephone and electronic contact details.
Contractual information is presented in detail and in French language. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the Company’s website. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the e-mail address communicated).

Article 6: Compliance

In accordance with Article L.411-1 of the French Consumer Code, the products and services offered for sale through these GCS comply with the regulations in force relating to the safety and health of persons, the fairness of commercial transactions and consumer protection. Independently of any commercial guarantee, the Seller shall remain liable for defects of conformity and latent defects of the product.
In accordance with article L.217-4, the Seller delivers goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter has been charged to it by the contract or has been carried out under its responsibility.
In accordance with the legal provisions on conformity and hidden defects (art. 1641 c.civ.), the Seller shall reimburse or exchange products that are defective or do not correspond to the order. Reimbursement may be requested in the following manner: reimbursement occurs once the product(s) have been returned and verified. In the case of a lack of conformity or a latent defect, the Vendor will bear the costs of return, by sending a pre-paid packing slip, and the reimbursement of the product(s).

Article 7: Retention of title clause

The products remain the property of the Company until full payment of the price.

Article 8: Terms of delivery

The products are delivered to the delivery address that was indicated at the time of the order and within the time limits indicated. These deadlines do not take into account the time required to prepare the order.
When the delivery requires an appointment with the Customer, contact the seller directly by e-mail or telephone. When the Customer orders several products at the same time, these may have different delivery times, which are routed as follows: the products in stock are delivered together within the time limits indicated; however, it is possible that the order may be shipped in several packages. In this case, the Customer will be notified no later than 3 working days after shipment. For products out of stock _.
The Seller will send by e-mail the delivery tracking number(s) to the buyer. The Vendor reminds that when the Customer takes physical possession of the products, the risks of loss or damage to the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the delivered product.

Article 9: Shipping delays and deliveries

Delivery times may be extended for any reason that has made it impossible for the Seller to meet its obligations. Such as in the case of events such as bad weather, supply difficulties, accidental production stoppage, unforeseeable market developments, etc… or cases of Force Majeure.
In the event of a delay in shipment (except for customized products), the customer will be notified and a possibility of reimbursement will be offered.
In case of late delivery, the Customer has the possibility to cancel the contract under the terms and conditions defined in Article L 138-2 of the Consumer Code. The Seller will then proceed to the refund of the product and the “outward” expenses under the conditions of Article L 138-3 of the Consumer Code.

Article 10: Availability and presentation

In the event of unavailability of an article for a period exceeding 10 working days, the Customer will be immediately informed of the foreseeable delivery times and the order of this article may be cancelled upon request. The Customer will then be able to ask for a credit note for the amount of the article or its full refund and the cancellation of the order.

Article 11 : Payment

Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card.
Cards issued by banks domiciled outside France must be international bank cards (Mastercard or Visa). Secure online payment by credit card is made by our payment service provider Stripe. Once the payment is initiated by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating his banking information at the time of the sale, the Customer authorizes the Seller to debit his card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale shall be immediately terminated by operation of law and the order cancelled.

Payment procedures :

Validation of the order by clicking on the button “Validate the order
Choice of payment method: Credit card via Stripe :
Validation of the order by clicking on the button “order”.
A confirmation email is sent to the Customer

Article 12: Withdrawal period

In accordance with the provisions of Article L 221-5 of the Consumer Code, the Purchaser has the right to withdraw without giving any reason, within fourteen (14) days of receipt of his order or accept the offer for payment of a service without justification or penalty.

The right of withdrawal can be exercised by contacting JAM’ Vision via the product return form available at: https://jam-vision.fr/retraction-form/

We inform Customers that, in accordance with the provisions of Articles L. 221-18 to L. 221-28 of the French Consumer Code, this right of withdrawal cannot be exercised for goods made especially for the consumer (custom-made), products that cannot by nature be re-shipped. Or if the product is no longer intact.

If the right of withdrawal is exercised within the above-mentioned period, the price of the product(s) purchased, excluding shipping costs, will be refunded, the return costs remaining at the Customer’s expense. Products must be returned in their original condition and complete (packaging, accessories, instructions); if possible, they must be accompanied by a copy of the proof of purchase.

Article 13: Guarantees

In accordance with the law, the Seller assumes the following guarantees: of conformity and relating to hidden defects of the products. The Seller shall reimburse the buyer or exchange products that are apparently defective or do not correspond to the order placed.

The Seller reminds that the Customer :

has a period of 2 years from the delivery of the goods to act with the Seller.
that he can choose between replacement or repair of the goods, subject to the conditions provided for in the above-mentioned provisions, which are apparently defective or not corresponding
that he is exempted from providing proof of the existence of the lack of conformity of the goods during the six months following the delivery of the goods.
that the consumer can also assert the guarantee against latent defects of the thing sold within the meaning of article 1641 of the Civil Code and, in this case, he can choose between cancellation of the sale or a reduction of the sale price (provisions of articles 1644 of the Civil Code).

Article 14: Claims and mediation

In accordance with the provisions of Art. L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that he may have recourse to a consumer mediator under the conditions set out in Title I of Book VI of the Consumer Code.
In the event of failure of the request for a complaint to the Seller’s customer service, or in the absence of a response within two months, the consumer may submit the dispute to a mediator who will attempt in complete independence to bring the parties together with a view to obtaining an amicable solution.

Article 15: termination of the contract

The order can be cancelled by the buyer by registered letter with acknowledgement of receipt in the following cases:

delivery of a product that does not conform to the characteristics of the order;
delivery exceeding the deadline set at the time of the order or, if no date is set, within thirty days of payment ;
unjustified price increase or modification of the product. In these cases, the purchaser may demand reimbursement of the deposit paid plus interest calculated at the legal rate from the date of receipt of the deposit.

Article 16: Intellectual property rights

The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.

Article 17: Force majeure

The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.

Article 18: Nullity and modification of the contract

If one of the stipulations of this contract were to be cancelled, such cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.

Article 19: Protection of personal data

In accordance with Regulation 2016/679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data, the Seller shall set up a processing of personal data for the purpose of selling and delivering the products and services defined in this contract. The Buyer is informed of the following:

the identity and contact details of the data controller and, if applicable, of the representative of the data controller: the Seller, as indicated at the top of these GTC ;
the legal basis of the processing: the contractual execution
the recipients or categories of recipients of the personal data, if any: the controller, its departments in charge of marketing, the departments in charge of IT security, the department in charge of sales, delivery and orders, the subcontractors involved in delivery and sales operations and any authority legally authorized to access the personal data in question
no transfers outside the EU are planned
the data retention period: the time of the commercial prescription
the data subject shall have the right to request from the data controller access to personal data, rectification or erasure of such data, or a restriction on the processing relating to the data subject, or the right to object to the processing and the right to the portability of the data
The data subject has the right to lodge a complaint with a supervisory authority.
The information requested when ordering is necessary for the establishment of the invoice (legal obligation) and the delivery of the goods ordered, without which the order cannot be placed. No automated decision or profiling is implemented through the ordering process.

Article 20: Applicable law and clauses

All the clauses in these general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause shall not entail the nullity of these general terms and conditions of sale.

Article 21: Consumer information

For consumer information purposes, the provisions of the civil code and the consumer code are reproduced below:

Article 1641 of the Civil Code: The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the use for which it is intended, or that so diminish this use that the buyer would not have acquired it, or would have given only a lower price, if he had known them.

Article 1648 of the Civil Code: The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by Article 1642-1, the action must be brought, under penalty of foreclosure, within one year from the date on which the seller can be discharged of the defects or apparent lack of conformity.

Article L. 217-4 of the Consumer Code: The seller delivers goods in conformity with the contract and is liable for any defects of conformity existing at the time of delivery.
It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when the latter was charged to it by the contract or was carried out under its responsibility.

Article L. 217-5 of the Consumer Code: The goods are in conformity with the contract:
1° If it is fit for the use usually expected of a similar good and, where appropriate :

if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;

if it has the qualities that a buyer may legitimately expect in view of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;
2° Or if it presents the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the latter.

Article L. 217-12 of the Consumer Code: The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.

Article L. 217-16 of the Consumer Code: When the buyer asks the seller, during the course of the commercial warranty granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the duration of the warranty that remained to run.
This period starts from the date of the buyer’s request for intervention or from the date the goods are made available for repair, if this availability is subsequent to the request for intervention.