GENERAL TERMS AND CONDITIONS OF SALE, updated on February 2. 2021
1. Company identification
The present general terms and conditions of sale (hereafter the “GTC”) are exclusively applicable to the offer and sale of JEANNE VOILIER products on the website www.jeannevoilier.com (hereafter the “Site”). The website www.jeannevoilier.com is hosted by OVH. The products purchased on the Site are sold directly by JEANNE VOILIER, a company registered with the Lille Métropole Trade and Companies Register under number 499822674, whose registered office is at 10, avenue de la Créativité 59650 in Villeneuve d’Ascq, represented by Nathalie BALMANA. For further information, please contact contact@jeannevoilier.com.
JEANNE VOILIER and the customer or prospect are individually or collectively referred to as the Party(ies).
2. Scope of application of the general terms and conditions of sale
The general terms and conditions of sale (hereinafter, the “GTC”) detailed below are intended to establish the contractual relationship between the Parties. They apply to all orders for products and services placed via the vendor’s e-commerce site www.jeannevoilier.com, (hereinafter, the “Site”) by the customer (hereinafter, the “Customer”) and to all visits to the Site by a visitor or prospect (hereinafter, the “Visitor”).
3. Adherence to the general conditions of use
The fact of placing an order requires the full prior and unreserved acceptance of these GCS by the Customer who must, after having read the GCS, click on the mention “I have read and accept the present general conditions of sale”.
The Site reserves the right to adapt or modify these GCS at any time, as they are subject to change, particularly in order to bring them into line with the regulations in force. The version of the GCS applicable to any sale being the one appearing on the site on the date of order, the latter prevails over any other general or special conditions of the Customer. E-mails shall be deemed authentic between the Parties as well as the automatic registration systems used on the Site, in particular with regard to the nature and date of the order.
4. Responsibilities and guarantees for the use of the Site
The Site is hosted by the following technical hosting provider: OVH, Roubaix, France. JEANNE VOILIER undertakes to use its best efforts to ensure the accuracy and updating of the information on the Site and reserves the right to modify it at any time without notice. In case of error or inaccuracy of the information made available on the Site resulting from the introduction of a third party, JEANNE VOILIER cannot be held responsible.
The Visitor is informed that access to the Site may be interrupted at any time by JEANNE VOILIER for reasons of maintenance, security or any other technical constraint.
The Visitor acknowledges that he is aware of the characteristics and limits of the Internet, in particular its technical performance, response times for consulting, querying or transferring data, and the risks linked to the security of communications.
JEANNE VOILIER does not guarantee that the Site will be free of anomalies, errors or bugs, nor that these can be corrected, nor that the Site will function without interruptions or breakdowns, nor that it is compatible with any particular hardware or configuration other than that expressly validated by the publisher.
In any event, the hypothesis of a break in service, failure of the Visitor’s connection to the Site, external intrusion or presence of a computer virus, or any fact qualified as force majeure, in accordance with the law and jurisprudence, is not excluded.
Under no circumstances may JEANNE VOILIER or any other third party mentioned on this Site be held liable for any damage, whatever its nature, attributable to the use, impossibility of use or results of the use of this Site or sites linked to this Site, or attributable to documents present on this Site.
The presence of the url link of the Site www.jeannevoilier.com on a third party site in no way constitutes a validation of this site or its content, nor a partnership with the third party site and will not engage the responsibility of JEANNE VOILIER.
5. Intellectual Property
The company JEANNE VOILIER exclusively holds all intellectual property rights relating to the brand “JEANNE VOILIER” registered with the INPI (brand no. 4389567 dated 19/09/2017) and to all the content present on the Site www.jeannevoilier. com, and in particular the texts, comments, works, illustrations, works and images, pages, graphics, animations, editorial content, general terms and conditions of sale and mentions (hereafter the “Creations”) remain the exclusive property of JEANNE VOILIER, the only one entitled to use the intellectual property rights and personality rights attached to this Site, and cannot be the subject of other uses by third parties without its explicit agreement.
The present Terms and Conditions of Sale being the property of the seller, their reproduction, whether partial or complete, is strictly forbidden. All intellectual property rights on the photographs, present on the Site or social networks or any other distribution channel, relating to the JEANNE VOILIER brand are reserved and attributed to : Nathalie Balmaña©, Myriam Dahmani©, Didier Knoff©, Claire Toulemonde©, Lou Andréa Vasse©.
The use of all or part of the Site and its contents (logos, photographs, graphics, etc.) for other than personal or private purposes is prohibited.
JEANNE VOILIER holds all intellectual property rights on the Client base and on all elements, data, documentation or information collected via the Site.
6. Personal data
The personal data of Clients or Visitors are the full and entire property of JEANNE VOILIER as soon as they are collected.
Personal data is collected for the purposes of supplying the products and services offered by the Site and, according to the choice of Customers or Visitors, in order to offer them special commercial offers.
In accordance with the provisions of the French Data Protection Act n°78-17 of 6 January 1978 modified by the Act of 6 August 2004, and the General Regulation on Data Protection (known as the “RGPD”) EU/2016/679 of 27 April 2016, the Site assures that it has, if necessary, taken legal steps with the CNIL concerning the use and processing of this data. The prior declaration has been made under the number: 2148741v0.
According to the new RGPD regulations, data subjects have the right to access, modify, rectify, delete, portability of their personal data and the right to object to the processing of said data by contacting the data controller by e-mail. For any request relating to your personal data, please contact the Data Protection Officer of JEANNE VOILIER at the following address: dpo@jeannevoilier.com.
In addition, you may define guidelines for the storage, deletion and communication of your personal data in the event of your death.
The data collected by JEANNE VOILIER is strictly confidential.
– General information
The following paragraph details JEANNE VOILIER’s policy regarding personal data and cookies on the www.jeannevoilier.com website. This policy applies to all personal data provided by the Customer or collected by JEANNE VOILIER during navigation on the Site by a Visitor.
Personal data refers to any information on a natural person, directly or indirectly identifying, as defined in article 4.1 of the RGPD, that the users of www.jeannevoilier.com are likely to transmit to JEANNE VOILIER or that may be collected by JEANNE VOILIER in the course of a Visitor’s browsing on the Site. Example: title, surname, first name, postal address, telephone number, photographs, IP address, centres of interest, etc.
– Purposes of the collection of personal data
Through the intermediary of the Site, the Customer may be led to communicate personal data to JEANNE VOILIER, notably in the context of the creation of a Customer account, product orders, the use of the “Contact” section. The information and personal data provided during navigation are strictly necessary for the following purposes:
– Processing, execution and follow-up of orders placed on the Site www.jeannevoilier.com,
– Answer to a question,
– Sending of possible catalogues,
– Subject to prior agreement, communication of information relating to the activity of JEANNE VOILIER, products and services, and the sending of special offers by e-mail,
– Carrying out surveys and polls with prior agreement,
– Anonymous statistical studies on the Site’s traffic,
– Information on updates to the Site or these Terms and Conditions, via email services.
No personal data is collected without the consent of the user of the Site. The information collected in order to ensure the purposes indicated above are indicated by an asterisk on the collection forms. The Customer is in no way obliged to communicate this information. However, in the event of refusal, JEANNE VOILIER will not be able to process the requests.
– Recipient of personal data
JEANNE VOILIER is the sole recipient of personal data collected on the Site and is only likely to transmit them to a third party when :
– The user of the Site has given his prior consent to such transmission,
– The third party in question acts as a subcontractor of JEANNE VOILIER, in the context of the provision of the Site and the services offered on it,
– JEANNE VOILIER is required by a judicial or any other administrative authority to communicate such data.
– Periods of retention of personal data by purpose
Personal data is kept for a period not exceeding the time necessary for the purposes for which it was collected:
– Within the framework of the management of a Customer file, the data is kept for the duration of the commercial relationship. They may be kept for commercial prospecting purposes for a maximum of three (3) years from the end of this commercial relationship.
– In the context of managing a prospect file, three (3) years from the date of collection by the data controller or from the last contact from the prospect.
– Within the framework of the management of orders for JEANNE VOILIER products by users, the management of deliveries, invoicing, accounting, the data collected is kept for the needs of the execution of the order, then for the time necessary to establish proof of a right or a contract; this data may be archived in accordance with the provisions of the Commercial Code relating to the retention period for documents created in the course of commercial activities and the Consumer Code relating to the retention of contracts concluded by electronic means, the retention period is ten (10) years.
– In the context of audience and traffic measurement statistics: the cookies placed in the Client, Visitor or Prospect’s terminal and the data collected via these cookies are not kept for more than thirteen (13) months.
At the end of these retention periods, the data will be deleted.
– Security and confidentiality of data JEANNE VOILIER undertakes to take all technical and organisational measures at its disposal to ensure the physical security, completeness and confidentiality of data. JEANNE VOILIER endeavours to protect the Customer’s personal data against damage, misappropriation, intrusion, loss, disclosure, alteration or destruction and to maintain their confidentiality and security.
JEANNE VOILIER strongly advises the Customer to use all necessary precautions to protect his personal data when he is on the Internet. However, JEANNE VOILIER does not control the risks linked to the functioning of the Internet and underlines the existence of possible risks in terms of punctual loss of data or breach of confidentiality of data transiting via the Site.
– Updating of the personal data policy JEANNE VOILIER is liable to modify the personal data policy at any time in order to comply with the recommendations of the CNIL. As a result of these changes, the Client / Visitor is invited to consult the section regularly.
7. Cookie Information
In order to facilitate the browsing of Site Visitors, and after prior information of Internet users via the cookie banner, JEANNE VOILIER may place cookies on the Visitor’s terminal, unless the Internet user objects.
Cookies are placed in the following cases:
– At the time of the Visitor’s engaged navigation on the Site, after having been informed by the cookie banner,
– At the time of opening an email.
The deposit of cookies is for the following purposes:
– To establish statistics and volumes of frequentation and use of the various elements composing the Site,
– To provide adapted and targeted services and navigation.
Cookies store information relating to navigation on the Site (the pages you have consulted, the date and time of consultation, etc). JEANNE VOILIER will be able to read this information during the next visits of the Visitor to its Site.
Cookies and associated information are stored in the Visitor’s terminal for a maximum period of thirteen (13) months, after which the cookie banner will be displayed again in order to provide the Internet user with information on the use of cookies.
You may oppose the placing of cookies by setting your browser in the following manner:
– For Mozilla Firefox Choose the “Tool” menu then “Options” Click on the “Privacy” icon Find the “Cookie” menu and select the options that suit you.
– For Microsoft Internet Explorer: Choose the “Tools” menu, then “Internet Options”. Click on the “Confidentiality” tab. Select the desired level with the cursor.
– For Opera: Choose the menu ” File ” > ” Preferences ” Privacy
– For Safari: In the Safari menu choose “Preferences”, “Security” and select the options that suit you.
– For Google Chrome: Choose the Chrome menu in the browser toolbar, select Settings and then click on “show advanced settings” in the “privacy” section. Click on the “content settings” button, then in the “cookies” section, you can select the options that are right for you.
8. Registration and customer account
By placing an order on the Site, the Customer declares and guarantees that he/she is of legal age – at least eighteen (18) years old – and has the legal capacity to contract.
The Customer or Visitor must register online using the form provided. Registration on the Site is validated after the Site has checked the form made available and completed by the Client or Visitor. Any new registration is confirmed by sending an e-mail. The Site cannot be held liable for any errors in wording that would make it impossible to deliver a letter. Customers or Visitors undertake to provide accurate information about themselves.
9. Information relating to the products offered and limits of liability
The products offered for sale are those presented on the Site on the day of consultation by the Visitor, within the limits of available stocks. The availability of the items is updated in real time and the Customer is informed of the availability of the items when the order is taken on the information page of the Site. However, an update error is possible. Whatever the origin, it does not engage the responsibility of JEANNE VOILIER, who cannot be held responsible for the cancellation of an order due to the exhaustion of a product.
The Site takes the greatest care in the presentation and description of the products. The photographs of product presentation are intended to be as accurate as possible but cannot guarantee a perfect similarity with the products actually presented, as the brightness settings of your screen may be sufficient to change the colors. The photographs of the articles are only indicative and have no contractual value.
The company JEANNE VOILIER cannot be held responsible for non-substantial errors that could affect the characteristics of the articles. JEANNE VOILIER pays the utmost attention to satisfying the Visitors’ information to the best of its ability, however, errors can always occur. In the event that JEANNE VOILIER is held liable, it will only be held liable for direct damage caused by its own wrongful act for which proof is provided. Under no circumstances can JEANNE VOILIER be held liable for indirect damages.
10. Prices
The prices indicated by JEANNE VOILIER on the www.jeannevoilier.com website are in euros including all taxes.
All prices displayed on the Site are “net payable”, i.e. without VAT, in application of the auto-entrepreneur status (VAT not applicable, according to article 293 B of the General Tax Code). Consequently, JEANNE VOILIER does not charge VAT to its Customers, and does not recover VAT on purchases from its suppliers.
The prices displayed include the costs of order preparation.
The prices are inclusive of all taxes but exclude delivery costs and any other possible taxes.
The seller reserves the right to modify its sales and delivery prices. The prices presented on the Site www.jeannevoilier.com on the day of the registration and payment of the order will be solely attributable to the Customer.
The transport and delivery costs are indicated on the Site at the time the order is placed, depending on the package and the delivery option selected.
The Customer must check the final price displayed on the order summary before validating and transmitting the order. The price displayed on the Site and on the order confirmation will be the applicable one.
The sale price is payable in cash as soon as the order is placed and may be paid by the means proposed on the Site www.jeannevoilier.com, and recalled below.
11.Ordering and payment
The ordering process on the www.jeannevoilier.com Site follows different stages leading to the validation of the order and the conclusion of the sales contract between the seller and the Customer.
The Customer may select as many products as he wishes. These are added to the basket (the “Basket”).
The Customer may at any time view the contents of his Basket and modify it before validating the order.
The Customer chooses the item, the quantity, the size, the colour,
the Customer chooses a delivery method,
the Customer carefully checks the information on the order and delivery summary before validation. He is solely responsible for the accuracy of the information transmitted for the order.
In order to validate his order, the Customer accepts the present Terms and Conditions of Sale by ticking the dedicated box and then validating.
The Customer proceeds to the payment of the order in its entirety, including delivery costs, via the payment process set up. All orders require payment.
The Customer definitively validates his order.
The contract is deemed to be concluded upon receipt by JEANNE VOILIER of the order confirmation received by e-mail via the Site www.jeannevoilier.com and after verification of the accuracy of the data relating to the order.
The recorded confirmation is proof of the transaction.
As soon as possible, the seller acknowledges receipt of the order by sending the Customer an order confirmation e-mail to the e-mail address provided by the Customer, summarising the characteristic elements of the order (article reference, colour, size, quantity, sales price including VAT, means of payment, delivery method and time).
An invoice will be sent with the order and will remain available for consultation in the “my account” section of the Site www.jeannevoilier.com.
JEANNE VOILIER reserves the right to refuse, cancel, or terminate orders at any time, even after having sent the Customer the confirmation email summarising the order, for the following reasons: legitimate and legal, in the event of a current dispute concerning the payment of a previous order, in the event of violation of the GTC or attempted fraud.
All orders are subject to availability and the consent of JEANNE VOILIER. If a product is no longer available for sale at the time of your order, the company JEANNE VOILIER will inform you as soon as possible.
The products are payable cash the day of the effective order. The products remain the property of JEANNE VOILIER until full payment of the price.
The order can be paid by the following means, which have been chosen for their environment to guarantee the security of payments :
- by Paypal http://www.paypal.com
- OR
- by e-transaction , Crédit agricole
The Customer expressly acknowledges that the communication of his credit card number is tantamount to acceptance of the debit of his account by the company JEANNE VOILIER up to the price of the items ordered. If this is not the case, a notification of cancellation of the order for non-payment is sent to the Customer at the e-mail address communicated when the order was taken.
The data recorded by Paypal, Stripe constitutes proof of any financial transaction between the Customer and the company JEANNE VOILIER.
The data recorded by JEANNE VOILIER constitutes proof of the contractual relationship between the Customer and the company JEANNE VOILIER, with regard to orders and sales made.
In the event of a dispute relating to the processing of banking data or the operation of payment, the applicable general terms and conditions are those of Paypal www.paypal.com., www.ca-moncommerce.com
12. Delivery
Deliveries of orders placed on the Site www.jeannevoilier.com are made by the letter service followed by La Poste according to the options offered on the Site and are limited to metropolitan France, Europe according to the zones delimited by the shipping service: zone 1 (Germany, Belgium, Luxembourg, Netherlands) and zone 2 (Austria, Spain (excluding specific territories), United Kingdom, Ireland, Italy and Switzerland. Deliveries can also be made via the UPS transport service, which will then present the parcel to your home for the first time and drop it off at a relay nearest to your home if delivery is not possible.
For any other destination, the Customer must contact JEANNE VOILIER via the contact section in order to obtain the cost of delivery.
Delivery of the articles can only take place after receipt of payment for the order.
Delivery costs are added to the price of the product and are specified to you when you choose delivery.
The package will be sent to the address that the Customer will have entered when placing the order. The Customer must therefore be very careful about the precision and accuracy of the data entered (street, building, staircase number, access code, names and/or intercom number).
All information relating to delivery, indicative costs and times, are provided to the Customer before the order is validated. From the moment the order is validated, these are considered as accepted.
In case of error in the address communicated, (wrong address, forget the door code, staircase number, wrong not on intercom…) no reshipment will be considered. The non-received order will be refunded within fifteen (15) days maximum, excluding shipping costs. The Customer will then be able to repeat his order on the Site.
The postal address must be that of the Customer, that of a natural person chosen by the Customer, or a legal entity (company) from which the Customer has obtained permission to communicate it. Delivery cannot be made to a hotel or a post office box.
The delivery period is provided as an indication and starts the day after the confirmation of the order. The company JEANNE VOILIER cannot be held responsible for delays due to errors or disruptions inherent to postal delivery services (in particular in the event of total or partial strikes), or in the event of force majeure.
As the company JEANNE VOILIER cannot be held responsible for the damaging consequences resulting from a delay in delivery, only the reimbursement of the product ordered will give rise to a refund, to the exclusion of any other form of compensation.
An additional delay is to be expected in particular periods (end of year holidays, sales periods).
The delivery deadline cannot exceed thirty (30) days after confirmation of the order. If this deadline is exceeded, the Customer may cancel the order and request reimbursement by registered letter with acknowledgement of receipt, within sixty (60) working days from the date indicated for delivery. The request will be taken into account upon receipt of the registered letter with acknowledgement of receipt and the order will be refunded, if it has not reached the Customer between the sending and receipt of the letter by JEANNE VOILIER. Reimbursement will be made according to the method of payment chosen at the time of the order.
In the event of a dispute during the delivery service, the applicable general conditions are those of the letter service followed by the Post Office available on the website: www.laposte.fr. or on the website of our service provider UPS www.ups.com
13. Right of withdrawal and return
Any Customer, considered as a consumer within the meaning of the French Consumer Code, ordering on the vendor’s Site for non-professional needs, benefits from a fourteen (14) day retraction period starting from the day following receipt of the products, objects of the order, to return the product(s) to the vendor at his expense for exchange or reimbursement. Beyond this withdrawal period of fourteen (14) days, the sale is deemed to be firm and final. Any request for return must be made by e-mail via the www.jeannevoilier.com website, under the heading “contact” – subject “return”. The return procedure will be sent to you by e-mail.
The Customer then has a period of 14 days, from the date of the request for retraction/return, to return the product according to the specified terms and conditions. The return must only be made in accordance with the procedure proposed by JEANNE VOILIER. Contact us via the contact page contact@jeannevoilier.com.
JEANNE VOILIER is not responsible for any problems that may occur when returning the product. In the event of a dispute over the return of a parcel, the general conditions applicable are those of the postal service available on the website: www.laposte.fr.
The Product must be returned in its condition and in its original packaging accompanied by all accessories and instructions, new, unworn (unwashed, unscented) or damaged. The JEANNE VOILIER cardboard label and its black fixing link must be intact (link not cut). The product must be able to be sold again on the Site as a new product.
Each returned product will be subject to a quality control to ensure the conformity of the returned product. If the returned product complies with the quality control, the company JEANNE VOILIER will proceed with the refund, the issue of a credit note or the applicable exchange. In the event of reimbursement, JEANNE VOILIER will reimburse the sale price of the product, including all taxes, excluding shipping costs, within a maximum period of thirty (30) days from the date of receipt of the product. You will receive an e-mail to let you know when the refund will be made. Allow approximately ten (10) days for the request to be processed.
The delivery costs of the order are not refunded by the Site.
The company JEANNE VOILIER reserves the right to refuse any return that does not comply with these conditions.
In the event of a product being returned for exchange in an identical colour, length and model, following an error in the size ordered, the product will be returned free of charge.
14. Integrity
The present GTC express the entirety of the Parties’ obligations.
No indication, no document, may give rise to obligations hereunder, if they are not the subject of an amendment signed by both Parties.
No correspondence prior to the signature of the present contract may give rise to obligations under the said contract.
15. Partial nullity and waiver
If one or more provisions of these GTC are held to be invalid or declared illegal, void or unenforceable pursuant to a law, regulation or final decision of a competent court, this declaration shall not affect the validity and enforceability of the other provisions hereof.
The fact that a Party does not take advantage of a breach by the other Party of any of the provisions of these Terms and Conditions of Sale shall not be interpreted as a waiver on its part of the possibility of taking advantage of such a breach in the future.
16. Applicable law
These General Terms and Conditions of Sale are governed by French law.
Any dispute relating to the execution or interpretation of the present terms and conditions, which could not be resolved amicably, shall fall within the exclusive jurisdiction of the competent Court of Lille.
For the execution of the present terms and conditions and their consequences, the Parties shall elect domicile at their respective addresses.
Pour toute demande relative à vos données à caractère personnel vous pouvez contacter le délégué à la protection des données de Jeanne Voilier à l’adresse : contact@jeannevoilier.com