General Terms and Conditions of Sale

 

1. Purpose

Chardon.paris (hereinafter referred to as "the Website") is published and operated by Les Editions Jomont SASU, a simplified joint stock company (Société par Actions Simplifiée) (hereinafter referred to as "LEJ"), having its registered office at 20 rue des Fossés - 35000 Rennes, with a share capital of €7,500, registered with the Registre des Sociétés de Rennes under number 852 023 472, and whose intracommunity VAT number is as follows: FR 51 852 023 472.

 

2. Scope and Acceptance of the General Terms and Conditions of Sale

The general conditions of sale (the "CGV") detailed below apply to all orders of products and services placed via the Internet Site with the company LEJ for all the articles and services proposed on the site Chardon.paris. They are permanently accessible on the Website. LEJ reserves the right to adapt or modify at any time the present GTC, the applicable version of the GTC to any transaction being the one appearing online on the Chardon.paris website at the time of the order.

Any order placed on the Website implies full acceptance of the GTC by the customer making a purchase (the "Customer").

 

3. Products

The Products are all the goods offered for sale by LEJ on the Website while stocks last.

LEJ accepts no liability in the event of stock shortages or unavailability of Products for orders not yet accepted by LEJ. Errors or changes may exceptionally occur, particularly in the case of simultaneous orders for the same Product by several Customers. In the event that a Product is unavailable after you have placed your order, LEJ will inform the Customer by e-mail or telephone as soon as possible, offering either to order another Product presented on the Website as a replacement, or to cancel and refund the order if it has already been cashed.

LEJ ensures that its Products are well presented and described in order to provide the Customer with the best possible information. However, it is possible that errors may appear on the Website, which the Customer acknowledges and accepts. LEJ does not guarantee the accuracy or security of the information transmitted or obtained through the Website.

It is possible that the Customer may receive a part following an Order that was previously returned by another person. LEJ will only accept the return of undamaged Products, and this condition will be checked before the returned Products are returned to stock.

 

4. Controls

Customers may place orders on the Website at www.chardon.paris. Orders placed on the Web Site are subject to compliance with the procedure set up by LEJ, which consists of a series of steps that the Customer must follow before validating the Order. Validation of the Order confirms the Customer's acceptance of the Terms and Conditions of Sale, the Products purchased, their price and the associated costs. A confirmation of the order validated by the Customer shall be sent to him/her by e-mail prior to the dispatch of the order, and shall make the sale definitive, subject to the Customer's right of withdrawal. To this end, the Customer formally accepts the use of electronic mail for confirmation by LEJ of the content of his/her Order. When placing the Order, the Customer must ensure that the information provided is accurate and complete. In the event that the recipient's contact details are incorrect, LEJ shall in no way be held responsible for the impossibility of delivering the Products.

 

5. Prices and Payment Terms

LEJ reserves the right to change the prices of the Products offered on the Website at any time and without prior notice. The Products are invoiced on the basis of the prices displayed on the Website at the time the order is placed, subject to the availability of the Products ordered at that time.

All prices shown are calculated inclusive of the value added tax (VAT) applicable in France, which may differ depending on the country of invoicing.

The prices of the Products are indicated in euros, including all taxes but excluding shipping costs. The total price of the order (including all taxes and shipping costs) is indicated in the basket. Customs clearance and the payment of various duties or taxes are the responsibility of the Customer.

The products are payable in cash at the time of the actual Order. The products remain the property of LEJ until the price has been paid in full.

The following methods of payment are accepted: credit cards and bank cards (Visa®, MasterCard®, American Express®) via the secure platform implemented by Stripe (https://stripe.com/fr). The Customer expressly acknowledges that the communication of his/her bank card number to LEJ constitutes authorisation to debit his/her Account for the price of the Products ordered.

The data recorded and kept by LEJ shall constitute proof of the Order and of all sales made. The data recorded by Stripe shall constitute proof of any financial transaction between the Customer and LEJ.

 

6. Terms of Delivery

The delivery times indicated are in working days. Deliveries are made by the French Post Office Colissimo, from Monday to Saturday.

The delivery costs applicable to the Order are those mentioned on the Site at the time of the Order.

The Products are sent to the delivery address indicated by the Customer, it being specified that this must be the address of residence of the Customer, of a natural person of his choice or of a legal entity (delivery to his company). LEJ will not process any order for which a poste restante, hotel, post office box or Cedex address is provided. LEJ cannot be held responsible for incorrect or incomplete addresses provided by the Customer.

If it is not possible to deliver the Product, LEJ shall endeavour to find a secure place to deposit the Product, which may be, but is not limited to, the nearest post office. Failing this, the Product will be returned to LEJ's warehouse upon receipt of the Product.

In the event that the Customer places an order for more than one Product, LEJ reserves the right to send the Products in instalments. Your credit or debit card will be debited in the same way to correspond to the price of the Products actually delivered. Transport costs will only be charged for a single shipment and in accordance with the details given in your order summary.

For all orders placed on the Website, LEJ undertakes to prepare the Customer's order, subject to the availability of the products ordered, within 48 to 72 working hours (excluding weekends and public holidays) and within a maximum of twelve (12) working days for a delivery in Metropolitan France and twenty (20) working days for an international delivery during busy periods (Christmas, Sales, etc.), it being specified that these deadlines only run from the time your order is validated by our Customer Service.

The Customer must ensure that he has provided accurate and complete information regarding the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

The times indicated are indicative times, corresponding to the average processing and delivery times. LEJ cannot be held responsible for the consequences of a delay in delivery that is not of its making or justified by a case of force majeure (as defined below).

Any defect or delay in delivery, exceeding the delivery times mentioned in Article 6, must be reported to our Customer Service as soon as possible by sending us an e-mail to bonjour@chardon.paris. Any complaint made after fourteen (14) calendar days from the date of validation of your order will not be taken into account.

In case of damage to the product, the customer must

- Refuse the package, which will then be returned directly to the sender

- Make reservations upon receipt of the damaged package

- Making a claim on the carrier's website

Without a reservation on the part of the consignee, the carrier is not obliged to pay compensation. The claim of the consignee will enrich the claim made by our services.

To make a complaint, contact us at bonjour@chardon.paris, indicating :

- Name of the recipient

- Parcel tracking number

- Product name

- Photos of the damaged package with the postage clearly visible

- Photo of the inside of the package

- Photo of damaged product

 

7. Refunds and Returns

The Customer has a legal right of withdrawal which he/she may exercise under the conditions set out in Articles L. 121-21, L. 121-21-1 and L. 121-21-2 of the French Consumer Code within a period of 30 days following receipt of his/her order, if the Customer fulfils the conditions set out in these provisions, without having to justify his/her reasons and without having to pay any penalties. Beyond this 30 (thirty) day period, the sale is firm and final.

We offer you the possibility to fill in and submit your withdrawal declaration by sending us an e-mail to bonjour@chardon.paris.

Returns must be made in their original condition and complete (packaging, accessories) in new condition, and accompanied by a copy of the purchase invoice. Upon receipt of the package, LEJ will judge the perfect condition of the returned goods. No returns will be accepted if the returned items have been visibly used or damaged by the customer and this use or damage makes the items unfit for sale. If the return is refused, the items will be returned to the customer. The cost of returning the goods will be borne by the customer.

Any reservations about the condition of the products (e.g. open or damaged packages) must be notified immediately upon delivery.

In the event of a request for a refund, the latter will be made within a maximum of fifteen (15) days from the date of receipt of the Product(s) by LEJ. Once the Products have been received, checked and accepted by our services, the refund, including the standard delivery costs of the initial order, will be made using the same method of payment used for the order. Please note, however, that your bank may apply an additional delay to the refund.

The return of the Products is free of charge if the place of delivery is in Metropolitan France. The return of Products is at the expense of the Customer if the place of Delivery is outside Metropolitan France and is at the Customer's risk. The Customer must send an e-mail to bonjour@chardon.paris indicating the reasons for which he/she wishes to make a return. The Customer will receive within a maximum of one week by email a return form to send back the order as well as a transport form at LEJ's expense if the delivery is to be made in Metropolitan France, which you will have to print out.

In all cases, LEJ shall bear the cost of returning the Product if it is different from the Product ordered or if it is delivered damaged.

 

8. Legal Guarantees

LEJ has only a best effort obligation for all stages of access to the site, from the ordering process to the dispatch of the package or subsequent services. LEJ cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, or for any event qualified as force majeure, in accordance with the law and case law. In this respect, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other such programming routine that may prove harmful.

The Products sold by LEJ are subject to the legal guarantees provided by articles L. 211-4 to L. 211-13 of the French Consumer Code and by articles 1641 to 1648 of the French Civil Code[A1], to the exclusion of all other guarantees.

LEJ takes great care in the presentation and description of its Products to ensure that the Customer is provided with the best possible information. However, due to the digital presentation of the Products on the Internet, it is possible that the Customer's perception of the photographic representation of the Products does not correspond exactly to the Products themselves, which the Customer acknowledges and accepts.

Great care is taken in the presentation of the Products on the Website in order to comply with the requirements of Article L.111-1 of the French Consumer Code. In case of doubt, or to obtain additional information, it is possible to contact the customer service by e-mail at bonjour@chardon.paris.

LEJ may replace the non-compliant Product. If replacement is not possible within one (1) month of the complaint, or if the Customer makes a duly justified request, he may request a refund of the price of the Product.

LEJ will deliver to the Customer a Product free of hidden defects which would make it unfit for the use for which it is intended, or which diminish this use so much that the Customer would not have acquired it, or would only have given a lower price for it, if he had known about them. This guarantee shall only apply if the Customer makes a request within two (2) years of the discovery of the defect.

In the event of a hidden defect, the Customer has the choice of returning the Product and receiving a refund of the price and costs incurred by the sale or keeping the Product and receiving a partial refund. In all cases, it shall be up to the Customer to prove that he/she meets the conditions of the guarantee.

In case of lack of conformity and hidden defects, the Product(s) must be returned, in its (their) original packaging, in its (their) original condition, new, unused, uncleaned, with the references of the initial Order and a copy of the complaint after sending an e-mail pointing out the apparent defect of the Product mentioned above to bonjour@chardon.paris.

 

9. Force Majeure

In the event of an event of force majeure preventing the execution of these GTC, LEJ shall inform the Customer within fifteen (15) days of the occurrence of this event, by e-mail or by registered letter with acknowledgement of receipt. In addition to those usually accepted by the jurisprudence of the French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in the forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties that prevents the normal performance of the contractual relationship. All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of LEJ or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by force majeure.

 

10. Partial Disability and Non-Waiver

If one or more provisions of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions shall retain all their force and scope.

No tolerance, inaction or inertia on the part of LEJ shall be construed as a waiver of its rights.

 

11. Applicable Law - Disputes

The contract formed by the acceptance of these GTC is subject to French law.

The language of this contract is French.

In the event of a dispute, the French courts shall have exclusive jurisdiction.

In the event of a dispute, the Client and LEJ may resort to conventional mediation. In this respect, LEJ informs the Client of the existence of alternative dispute resolution methods such as mediation or arbitration.

In the event of any discrepancies between the French and English versions of the General Terms and Conditions of Sale, the French version shall prevail.