Terms of sale
1. PREFACE
1.1 THE SELLER
This website Juliette-et-tom.com is published by the company Wild Brands SAS with a capital of 20,000 euros, headquartered at 102 Avenue des Champs-Elysées, 75008 Paris, registered with RCS Paris under number 912 189 826.
1.2 THE CUSTOMER
On the online store Juliette-et-tom.com, the seller offers Products for sale to non-professional Customers, with the status of consumers, possessing full legal capacity. The products are sold at retail for strictly personal use.
1.3 SCOPE OF APPLICATION
The General Terms and Conditions (GTC) apply exclusively to the online sale of Wild Brands products on the Juliette-et-tom.com site (hereinafter the Site), which is accessible.
The GTC exclusively govern online sales contracts for Wild Brands products (hereinafter the Seller) to buyers with the status of consumers (hereinafter Consumers) and, together with the online order, constitute the contractual documents binding on the parties, to the exclusion of all other documents, prospectuses, catalogs, or photographs of the products, which have only indicative value.
The GTC are exclusively applicable to products delivered to Consumers established in France and/or in a member country of the European Union.
1.4 ONLINE STORE CUSTOMER SERVICE
For any questions regarding an order, Customers can contact customer service by email at: contact@juliette-et-tom.com
1.5 LANGUAGES
The GTC, as well as all contractual information mentioned on the site, are in the French language.
1.6 AVAILABILITY AND OPPOSABILITY OF THE GTC
The GTC are directly made available to Consumers on the Seller's website. The GTC are binding on Consumers who acknowledge, by checking a box provided for this purpose, that they have read and accepted them before placing an order.
Order confirmation by its validation constitutes acceptance by the buyer of the GTC in force on the day of the order, the conservation and reproduction of which are ensured by the Seller in accordance with Article 1127-2 of the Civil Code (former C. Civ., Art. 1369-4).
1.7 MODIFICATION OF THE GTC
The Seller reserves the right to modify its GTC at any time.
In the event of a modification of the GTC, the applicable GTC are those in force on the date of the order, a copy of which, dated on that day, can be provided to the Consumer upon request.
2. PRODUCTS
The products offered for sale and presented in the catalog published on the site each have a description stating their essential characteristics within the meaning of Article L. 111-1 of the Consumer Code.
Photographs illustrating the products do not constitute a contractual document.
The products are sold at retail for strictly personal use.
Wild Brands cannot be held responsible for damages caused by misuse of the products sold on its site or non-compliance with the usage instructions indicated on the product.
3. PRICES
Sales prices, in accordance with Article L. 112-1 of the Consumer Code, are indicated, for each product in the electronic catalog, in euros including all taxes, excluding delivery and transport costs mentioned before order validation and invoiced additionally.
The total amount due by the Consumer is indicated on the order confirmation page.
The selling price of the product is the one in effect on the day of the order.
The selling price of the products does not include shipping costs, billed in addition to the price.
The Seller reserves the right to modify its prices at any time while guaranteeing the Consumer the application of the price in effect on the day of the order.
Additional transport, delivery, or postage fees (to which any other possible fees borne by the Seller must be added), which the customer could be informed of before ordering, are specified on the order form.
4. ORDER
4.1 CONTRACT CONCLUSION STEPS
To place an order, the Consumer, after filling their virtual cart by indicating the selected products and desired quantities, then clicks on the "Check Out" button and provides information regarding delivery and payment method.
Before clicking the "Pay Now" button, the Consumer has the option to check the details of their order and its total price and to go back to previous pages to correct any errors or possibly modify their order.
Order confirmation implies acceptance of the GTC and forms the contract. The order is validated once payment has been accepted by the Seller.
An email acknowledging receipt of the order and its payment is sent by the Seller as soon as possible.
4.2 ORDER MODIFICATION
Any modification to an order by the Consumer after confirmation is subject to the Seller's acceptance. Once payment has been made, the Customer cannot modify their order. However, the Customer always has the option to exercise their right of withdrawal, the modalities of which are described in Article 7 below.
The Seller reserves the right to make modifications to the ordered product related to technical evolution under the conditions provided for in Article R. 212-4 of the Consumer Code.
4.3 ORDER VALIDATION
The Seller reserves the right to refuse any order for legitimate reasons, particularly if the quantities of products ordered are abnormally high for buyers with the status of Consumers. The Seller may also refuse or delay the processing of an order if it suspects any fraud, such as identity theft or theft of means of payment.
4.4 PRODUCT AVAILABILITY
The products are offered and delivered within the limits of available stocks.
In the event of unavailability of the ordered product, the Seller immediately informs the buyer and can offer an equivalent quality and price product or, failing that, a purchase voucher for the amount of the order that can be used for any future order.
In case of disagreement by the buyer, the Seller will refund the amounts paid within 5 working days.
Apart from the refund of the price of the unavailable product, the Seller is not liable for any cancellation indemnities, unless the non-performance of the contract is personally attributable to them.
5. PAYMENT
The price is due in full after order confirmation. Payment is made immediately upon order by credit card.
The Site has an online payment security system allowing the Consumer to encrypt the transmission of their banking data via the secure payment platform's monetic server. At no time will the Consumer's banking data pass through Wild Brands' computer system.
6. DELIVERY AND PRODUCT RECEIPT
Delivery means the transfer of physical possession of the goods to the Consumer.
Under normal conditions, the Seller will process the order as quickly as possible from Monday to Friday, excluding holidays. Wild Brands undertakes to ship orders within 24 business hours following order validation and subject to available stocks.
The prepared order will be handed over to La Poste or its subsidiaries (Colissimo) or Mondial Relay, for delivery within 2 to 4 business days in Metropolitan France.
Orders destined for overseas territories (DOM TOM) or foreign countries will also be shipped by La Poste or its subsidiaries and delivered by their local partner. Delivery times vary depending on the region and/or the country of delivery.
To facilitate the delivery of the order by the carrier, the customer undertakes to make the necessary efforts to allow the delivery of the package: visible name on the mailbox, transmission of the entry code, phone number.
Products are delivered to the address provided by the customer on the order form.
If the product is not in conformity with the order, the Consumer must submit a complaint to the Seller to obtain the replacement of the product or, if necessary, the resolution of the sale.
From the delivery date indicated on the order form, ownership of the product is transferred to the buyer, except in the case where the full payment of the price has not been collected at the time of the order.
7. RIGHT OF WITHDRAWAL AND RETURN POLICY
The Consumer has a right of return within thirty (30) days from the day of shipment of the order to return any item that does not suit them and request an exchange or refund, excluding return costs which remain at their expense.
The right of withdrawal can be exercised with our customer service directly from our website in the "Contact us" section. We will promptly send you an acknowledgment of receipt of the withdrawal on a durable medium (for example, by email).
Returns must be made in their original condition with complete packaging allowing their resale as new. Any product opened or damaged by the Consumer will not be accepted.
In case of withdrawal, Wild Brands will refund the full payments received. Either by crediting the Consumer's credit card or PayPal account, or by bank transfer depending on the payment method of the order.
The refund will be made within a maximum period of fourteen (14) days following the date of receipt of the Product(s) by Wild Brands.
If the Products returned by the Customer do not correspond to the Products ordered or do not come from the online store Juliette-et-Tom.com, Wild Brands will not be bound by its obligations as described above. It is specified for all useful purposes that the legal guarantees do not cover damages or defects resulting from an external cause (accident, shock, etc.) or from a fault of the Customer resulting from a use or use not in conformity and/or unsuitable for the characteristics of the Product. Similarly, this article does not apply if the Products were not purchased on the Site, insofar as in this case the legal guarantees are due by the Seller from whom the Products were purchased.
8. LIMITATION OF LIABILITY
Wild Brands cannot be held responsible for the violation of any of its obligations if the improper performance of the contract results from a case of force majeure, the act or omission of the Customer, the unforeseeable and insurmountable act of a third party to the contract, or an obstacle independent of Wild Brands' will that Wild Brands could not reasonably foresee at the time of signing the contract with the Customer, and whose consequences cannot be reasonably avoided or overcome by Wild Brands. The liability of Wild Brands is limited to the amount of the Customer's order.
Regarding access to the Site, the consultation of the latter, the ordering, payment, delivery, and service process, Wild Brands has only an obligation of means. The liability of Wild Brands cannot be engaged for all inconveniences or damages inherent in the Internet network, including any disruption of the connection or any intrusion of computer viruses.
Finally, Wild Brands cannot be held responsible towards third parties, in the event of indirect damages, special damages, or incidents arising from negligence, failure, or clumsiness of the Customer, or resulting from misuse by the Customer of one of the products offered for sale on the www.juliette-et-tom.com website.
9. PERSONAL DATA
Wild Brands processes information concerning Consumers in accordance with its "Privacy Policy," available on the Site https://www.juliette-et-tom.com/
10. DISPUTES
Wild Brands cannot be held responsible for damages resulting from the non-compliant use of its products.
In case of questions or complaints, the Customer can first contact Customer Service by email or phone at the coordinates indicated in the "Contact us" section of the e-commerce Site https://www.juliette-et-tom.com/ or by mail to the registered office of the company Wild Brands at 102 Avenue des Champs-Elysées, 75008 Paris.
11. INTELLECTUAL PROPERTY
All elements on the Site www.juliette-et-tom.com, whether visual, textual, or sound, are the exclusive property of Wild Brands or the holder of the relevant intellectual property rights and are therefore protected by the intellectual property code and copyright law. In these conditions, no one is authorized to reproduce, exploit, broadcast, or use in any capacity, even partially, the intellectual property rights without the prior written consent of Wild Brands. The Juliette & Tom trademarks and logos are registered trademarks. Any reproduction, therefore, constitutes an infringement.
12. LEGAL WARRANTY
Products sold on the website www.juliette-et-tom.com are subject to the legal conformity warranty as stated in Articles L.217-4 and following of the Consumer Code, and the warranty against hidden defects as stated in Articles 1641 and following of the Civil Code.
Article L. 217-4 of the Consumer Code:
The Seller delivers a product in conformity with the contract and is responsible for conformity defects existing at the time of delivery. The Seller is also responsible for conformity defects resulting from packaging, assembly instructions, or installation when these were their responsibility under the contract or were carried out under their responsibility.
Article L. 217-5 of the Consumer Code:
The product is in conformity with the contract:
If it is suitable for the customary use of a similar good, and if applicable:
— If it corresponds to the description given by the Seller and possesses the qualities that the Seller presented to the buyer in the form of a sample or model;
— If it has the qualities that a buyer can legitimately expect considering the public statements made by the Seller, the producer, or their representative, particularly in advertising or labeling;
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the attention of the Seller, and accepted by them.
Article L. 217-12 of the Consumer Code:
The action resulting from the lack of conformity is prescribed within two years from the delivery of the product.
Article 1641 of the Civil Code:
The Seller is bound by the warranty for hidden defects in the item 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 it a lower price, if they had known about them.
Article 1648 of the Civil Code:
The 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 brought, subject to forfeiture, within one year from the date on which the Seller can be relieved of visible defects or conformity defects.
13. APPLICABLE LAW
This contract and the General Terms and Conditions governing it are subject to French law. The parties declare their intention to seek an amicable solution to any difficulties that may arise concerning the General Terms and Conditions. In case of persistent disagreement, the dispute will be submitted to the competent court of Paris.