GENERAL TERMS AND CONDITIONS OF SALE
Between the company My Jabador,
14 route de la Libération,
with a share capital of €1000
registered with the Paris Trade and Companies Register,
under SIRET number 894 141 993
represented by GOUNI MOHAMED
as manager, duly authorized for the purposes hereof.
The company can be contacted by email via the contact form available on the homepage of the website, or directly using the address.
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 the “Client”. On the other hand,
The following has been stated and agreed:
PREAMBLE
The Seller publishes Products and Services for resale to consumers, marketed through its website (https://www.my-jabador.com/). The list and description of goods and services offered by the Company can be consulted on the aforementioned websites.
Article 1: Purpose
These General Terms and Conditions of Sale define the rights and obligations of the parties in the context of the online sale of Products or Services offered by the Seller.
Article 2: General Provisions
These General Terms and Conditions of Sale (GTC) govern sales of products or services 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 accepted them before placing an order.
The Seller reserves the right to modify these terms at any time by publishing a new version on its website. The applicable GTC are those in force on the date of payment (or first payment in the case of multiple payments) of the order.
These GTC are available on the Company’s website at the following address: https://www.my-jabador.com/.
The Company ensures that their acceptance is clear and unreserved by implementing a checkbox and a validation click. The Client declares to have read all of these general terms and conditions of sale and, where applicable, the special conditions of sale related to a product or service, and to accept them without restriction or reservation.
The Client acknowledges having received the necessary advice and information to ensure the suitability of the offer to their needs. The Client declares that they are legally capable of entering into a contract under French law or validly representing the individual or legal entity for whom they are contracting.
Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
Article 3: Price
The prices of products sold through the websites are indicated in Euros excluding taxes and are precisely determined on the product description pages. They are also indicated in Euros including all taxes (VAT and any other applicable taxes) on the product order page, excluding specific shipping costs. For all products shipped outside the European Union and/or French overseas territories, the price is calculated excluding taxes automatically on the invoice. Customs duties or other local taxes, import duties, or state taxes may be payable in certain cases. These duties and sums are not the responsibility of the Seller. They will be borne by the Buyer and are their responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the Buyer to inquire about these aspects with the corresponding local authorities.
The Company reserves the right to change its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are borne by the Client. Where applicable, delivery costs as well.
Article 4: Conclusion of the Online Contract
In accordance with Article 1127-1 of the Civil Code, the Client must follow a series of steps to complete the contract electronically and place an order:
Information on the essential characteristics of the Product
Choice of the Product and, if applicable, its options
Indication of the Client’s essential contact details (identification, email, address, etc.)
Acceptance of these General Terms and Conditions of Sale
Verification of order details and, if necessary, correction of errors
Confirmation of the order, which forms the contract
Payment instructions, payment of products, and then delivery of the order
The Client will receive confirmation by email of payment and receipt of the order. A .pdf copy of the GTC will be sent.
The Client will have the opportunity to identify and correct input errors during the order process. The contract is concluded in French.
The contractual terms and conditions will be sent by email and archived on the Seller’s website. Any professional or commercial rules the offeror intends to adhere to are available in the “additional rules” section of the GTC on the website: https://www.my-jabador.com/
The archiving of communications, orders, order details, and invoices is done on a reliable and durable medium to constitute a faithful and durable copy in accordance with Article 1360 of the Civil Code. These records may be produced as proof of the contract.
For delivered products, delivery will be made to the address specified by the Client. To ensure proper execution of the order, the Client agrees to provide truthful identification details. The Seller reserves the right to refuse any order for a legitimate reason.
Article 5: Products and Services
The essential characteristics of the goods and services and their respective prices are made available to the Buyer on the Company’s websites, as well as, where applicable, the instructions for using the product. In accordance with Article L112-1 of the Consumer Code, the consumer is informed, by labeling, signage, display, or any other appropriate means, of the prices and special conditions of sale and service execution before the 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 one in effect on the day of the order, not including shipping costs, which are indicated to the Buyer during the sales process and in any case upon 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 products or services are not executed immediately, clear information is provided on the product presentation page regarding delivery times.
The Client confirms having received details of delivery costs, payment terms, delivery and contract execution, and detailed information about the Seller’s identity, postal, telephone, and electronic contact information, and its business activities in the context of this sale.
The Seller agrees to fulfill the Client’s order within the limits of available product stocks only. If not available, the Seller will inform the Client. If the order has been placed and in the absence of agreement with the Client on a new delivery date, the Seller will refund the Client.
The contractual information is presented in detail and in French. The parties agree that illustrations or photos of the products offered for sale have no contractual value. The validity period of the product offer as well as their prices is specified on the Company’s websites, along with the minimum duration of the proposed contracts when these concern continuous or periodic product or service supplies.
Unless otherwise stated, the rights granted hereunder are only granted to the natural person signing the order (or the person holding the email address communicated).
Voici les articles 6 à 10 déjà traduits dans le document :
Article 6: Compliance
In accordance with Article L.411-1 of the Consumer Code, the products and services offered for sale under these GTC comply with the applicable regulations relating to the safety and health of individuals, the fairness of commercial transactions, and consumer protection. Regardless of any commercial warranty, the Seller remains liable for any lack of conformity and hidden defects in the product.
In accordance with Article L.217-4, the Seller delivers a product that complies with the contract and is liable for any lack of conformity existing at the time of delivery. This also includes defects arising from packaging, assembly instructions, or installation when these are under the Seller’s responsibility.
In accordance with legal provisions regarding conformity and latent defects (Article 1641 et seq. of the Civil Code), the Seller will refund or exchange defective or non-conforming products. Refunds may be requested in the following manner: by submitting a complaint to the designated address.
Article 7: Retention of Title Clause
The products remain the property of the Company until full payment of the price.
Article 8: Delivery Terms
Products are delivered to the delivery address provided during the order process, within the specified timeframes. These timeframes do not include the order preparation period. If the Client orders multiple products at once, they may have different delivery times and may be shipped in separate parcels.
In case of a shipping delay, the Client may submit a complaint. In the event of a delivery delay, the Client has the right to terminate the contract under the conditions and procedures defined in Article L 138-2 of the Consumer Code. The Seller will then refund the product and the initial shipping costs, in accordance with Article L 138-3 of the Consumer Code.
The Seller provides a customer service contact (at local call cost from a landline) mentioned in the order confirmation email to ensure proper follow-up.
The Seller reminds the Client that upon physical receipt of the goods, the risks of loss or damage are transferred to the Client. It is the Client’s responsibility to notify the carrier of any reservations upon delivery.
Article 9: Availability and Presentation
If an item is unavailable for more than 30 business days, the Client will be informed of the expected delivery timeframe and may cancel the order upon request. The Client may then request a credit note or a full refund and the cancellation of the order.
Article 10: Payment
Payment is due immediately upon ordering, including for pre-ordered items. The Client may pay by credit card or bank check. Cards issued by banks outside France must be international credit cards (MasterCard or Visa).
Secure online payment by credit card is handled by our payment provider. The transmitted information is encrypted and cannot be read during transfer over the network.
Once the payment is initiated by the Client, the transaction is immediately debited after the information is verified. In accordance with the provisions of the Monetary and Financial Code, payment by card is irrevocable. By providing their banking information during the purchase, the Client authorizes the Seller to debit their card for the agreed amount. The Client confirms that they are the legal holder of the card and are authorized to use it.
In case of error or inability to debit the card, the sale is automatically canceled, and the order terminated.
Voici la traduction directe en anglais des Articles 11 à 18 :
Article 11: Right of Withdrawal
In accordance with Article L 221-5 of the Consumer Code, the Buyer has the right to withdraw without giving any reason within fourteen (14) days from the date of receipt of the order. The right of withdrawal can be exercised by contacting the company as follows: by submitting a complaint to the following address: _____.
We inform customers that, in accordance with Articles L. 221-18 to L. 221-28 of the Consumer Code, this right of withdrawal cannot be exercised for any item whose production or shipping process is already underway.
If the right of withdrawal is exercised within the aforementioned period, the price of the purchased product(s) and the shipping fees will be refunded; return costs remain the responsibility of the customer.
Returned products must be sent in their original condition and complete (packaging, accessories, instructions, etc.); if possible, they should be accompanied by a copy of the proof of purchase.
In accordance with legal provisions, you may request the standard withdrawal form to be sent to the following address: _____.
Refund procedure: the refund process may take place after an investigation into the purchased product(s); for more details, file a complaint at the following address: _____.
Article 12: Warranties
In accordance with the law, the seller provides the following guarantees: conformity and hidden defects. The seller will refund the buyer or exchange any defective or non-conforming product.
The refund request must be made in the following way: by submitting a complaint to the following address: _____.
The seller reminds the consumer:
– they have a period of 2 years from delivery of the goods to take action against the seller;
– they may choose between replacement or repair of the product, subject to the conditions outlined in the aforementioned provisions;
– they are not required to prove the existence of the conformity defect within six months of delivery;
– except for second-hand goods, this period is extended to 24 months as of March 18, 2016;
– they may also invoke the warranty against hidden defects under Article 1641 of the Civil Code and, in such case, may choose between canceling the sale or requesting a price reduction (in accordance with Article 1644 of the Civil Code).
Additional warranties: _____ (describe your additional warranties).
Article 13: Complaints and Mediation
If necessary, the buyer may submit any complaint by contacting the company at the following address: _____.
In accordance with Articles L. 611-1 to L. 616-3 of the Consumer Code, the consumer is informed that they may resort to consumer mediation under the conditions set out in Title I of Book VI of the Consumer Code.
If the claim submitted to the seller’s customer service is unsuccessful or remains unanswered within two months, the consumer may refer the matter to a mediator, who will independently attempt to bring the parties together to reach an amicable resolution.
Article 14: Termination of the Contract
The order may be terminated by the buyer by sending a registered letter with acknowledgment of receipt in the following cases:
— delivery of a product not in conformity with the order specifications;
— delivery exceeding the deadline specified at the time of order or, failing that, more than thirty days after payment;
— unjustified price increase or product modification.
In such cases, the buyer may request a refund of the deposit paid, plus legal interest calculated from the date the deposit was cashed.
Article 15: Intellectual Property Rights
Trademarks, domain names, products, software, images, videos, texts, and more generally, any content subject to intellectual property rights remain the exclusive property of the seller.
No transfer of intellectual property rights is made under these GTC.
Any total or partial reproduction, modification, or use of these assets for any reason is strictly prohibited.
Article 16: Force Majeure
The seller’s obligations under these GTC shall be suspended in the event of the occurrence of an unforeseeable event or force majeure that prevents their execution.
The seller shall inform the client of the occurrence of such an event as soon as possible.
Article 17: Severability and Amendment of the Contract
If any provision of this contract is declared null and void, such nullity shall not affect the validity of the remaining provisions, which shall remain in force between the parties.
Any contractual modification is only valid after a written and signed agreement between the parties.
Article 18: Personal Data Protection
In accordance with Regulation 2016/679 of April 27, 2016 (GDPR), the Seller implements a personal data processing system 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 (the Seller, as specified at the beginning of these GTC);
– the contact details of the Data Protection Officer: _____;
– the legal basis for the processing: contract performance;
– the recipients or categories of recipients of the personal data, if any: the data controller, marketing teams, IT security teams, sales, delivery, and order processing teams, subcontractors involved in delivery and sales operations, and any legally authorized authority;
– no transfer of data outside the EU is planned;
– data retention period: the duration of the commercial statute of limitations;
– the data subject has the right to request from the data controller access to, rectification, or deletion of personal data, or restriction of processing, or to object to the processing and to data portability;
– the data subject has the right to lodge a complaint with a supervisory authority;
– the information requested when placing an order is necessary for issuing the invoice (legal obligation) and for delivering the goods, without which the order cannot be processed;
– no automated decision-making or profiling is implemented during the order process.
Article 18: Applicable Law and Clauses
All clauses appearing in these general terms and conditions of sale, as well as all purchase and sale operations referred to herein, shall be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general terms and conditions of sale.
Article 19: Consumer Information
For the purpose of informing consumers, 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 in the item sold that render it unfit for the intended use, or that so impair that use that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.
Article 1648 of the Civil Code:
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect. In the case provided for in Article 1642-1, the action must be initiated, under penalty of foreclosure, within one year from the date on which the seller could be relieved of the apparent defects or 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 lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when such has been made the seller’s responsibility under the contract or has been carried out under the seller’s responsibility.
Article L. 217-5 of the Consumer Code:
The good conforms to the contract:
1° If it is fit for the use usually expected of a similar good and, where applicable:
– if it matches the description given by the seller and possesses the qualities 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 their representative, particularly in advertising or labeling;
2° Or if it has the characteristics agreed upon by both parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by them.
Article L. 217-12 of the Consumer Code:
An action resulting from a lack of conformity is time-barred after two years from the delivery of the good.
Article L. 217-16 of the Consumer Code:
When the buyer requests a repair covered by the commercial warranty granted at the time of the acquisition or repair of a movable item, any period of immobilization of at least seven days is added to the remaining duration of the warranty. This period begins from the date of the buyer’s request for intervention or from the availability of the item for repair, whichever is later.