GENERAL TERMS OF SALE AND USE
ARTICLE 1 – APPLICATION AND ENFORCEABILITY
These General Terms of Sale and Use (hereinafter “The General Terms”) govern exclusively the sale of our products on the site www.unjourailleurs.com (hereinafter “The Site”), excluding any other condition, especially those currents for sales in stores.
Consequently, the act of purchasing out products implies full and unreserved agreement of the customer to the General Terms. Similarly, the validation of the customer of his order on Site is equivalent with his acceptance of the General Terms.
The customer agrees to comply with the General Terms during each of his visits on the Site.
Unless proved otherwise, the data registered on the Site constitutes the proof for all the transactions concluded between our company and the customer.
The fact that our company does not rely at some point on any of the clauses of the General Terms may not be interpreted as a waiver for our company to take advantage of any of these clauses at a later date. Similarly, any condition requested by the client and not accepted by our company as it is contrary to the General Terms will not be enforceable.
ARTICLE 2 – ACCESS AND USE OF THE SITE
2.1. The equipment (computers, telephones, software, telecommunication means …) allowing to access the Site are the sole responsibility of the customer, as well as the telecommunication costs incurred through their use.
2.2. In order to be able to order, the customer must fill in an online registration form where certain information must be provided in order to allow the processing and completion of his order.
While registering, the customer agrees to provide information that is true, accurate and complete as requested in the registration form and to keep them updated without delay.
In the event the customer provides information that is false, inaccurate, outdated or incomplete, our company has the right to deny his order.
The customer is also responsible for any financial consequences resulting from the use of the Site with his name but on behalf of third parties, including minors, except in cases where can be demonstrated a misuse not resulting either from him fault or negligence.
2.3. In general, and without this list being considered exhaustive, the customer agrees to:
use and/ or download on his equipment the information on the Site only for personal use, exclusively, not for commercial purposes and for a limited period of time;
print on paper the downloaded information only if the copies thus obtained are used for personal use only, which excludes in particular any reproduction for professional or commercial purposes or for mass circulation, free of charge or for a fee;
not recopy and/ or reproduce all or part of the Site, in particular an another site or an internal corporate network;
not reproduce, reuse, summarize, alter, modify, move, remove, replace, store, or redistribute, perform or maintain, directly or indirectly, on any support, in any way or form whatsoever, all or part of the information and/ or reproductions (illustrations, photos, etc.) that can be found on Site and/or the name, logo(s) and brand name(s) of our company;
implement control systems adapted to the technical advance to prevent “pirating” of the Site and in particular to avoid the misuse or usage contrary to the General Terms of part or all of the reproductions and information on the Site, in any manner and in any form whatsoever;
inform our company if any “pirating” is known, and in particular any misuse or non-contractual use of all or part of the Site, regardless of the method of distribution used.
2.4. Similarly, the customer agrees to behave in a normal and reasonable manner each time he accesses the Site and not to interfere in any manner whatsoever with its proper functioning.
In particular, the customer agrees not to:
disrupt, slow down, stop or alter the normal flow of information exchanged through this Site;
accelerate the pace of advance of the contents of the Site in such a way that its operation would be modified or altered;
otherwise act with a similar disruptive effect on the operation of the Site ;
gain unauthorized access, maintain, interfere with or disrupt the access systems of the Site.
The violation of the mandatory provisions of this article 2.4 shall subject the customer, as well as any other participating person, to the criminal and civil penalties provided by law.
ARTICLE 3 – ORDERS
Presently our company does not deal with orders and complaints from other countries, only mainland France, Belgium, Spain, Italia and Germany.
The customer is able to place an order online if he identifies himself clearly by entering his email address and password that is strictly personal.
Orders placed through the Site are taken into consideration upon confirmation of the order by the customer (by clicking on the button “Confirm and pay your order”).
However, the order will become final only upon confirmation from our company.Un courriel accusant réception de la commande et récapitulant celle-ci sera ainsi envoyé au client à l'adresse électronique que celui-ci aura communiquée sur le formulaire d'inscription mentionné à l'article 2.2 ci-dessus. An email acknowledging the receipt of the order and summarizing it will be sent to the customer to the email address that he provided on the registration form mentioned in article 2.2, hereabove.
The contractual information and the General Terms are displayed on the Site in French and will be confirmed by us no later than the time of delivery of the products.
Our company reserves the right to cancel or refuse any order from a customer with whom it had a dispute over the payment of a previous order.
ARTICLE 4 – AVAILABILITY
Our offers of products and their prices are valid as long as they are visible on our Site, within the limits of available stock.
In the event one or more products becomes unavailable after placing the customer's order, except in the cases of force majeure referred to in Article 16 below, the customer will be notified immediately and will be able cancel hissa commande. order. The rLe remboursement des sommes versées s'effectuera alors par crédit sur le compte bancaire du client ou par chèque adressé à son nom à l'adresse de facturation, dans les 30 jours à compter du paiement du prix par le client.eimbursement of amounts paid will be then made by crediting the customer's bank account or by check made in his name and sent to the billing address within 30 days from receiving the payment from the customer.
ARTICLE 5 – PRICES – TRANSFER OF OWNERSHIP
5.1. The product prices are indicated in Euros, all taxes included (TTC), excluding the shipping costs. Any change of the VAT rate will be automatically reflected in the prices.
Shipping charges vary upon the modality of transportation chosen by the customer and are indicated in Euros, all taxes included (TTC), at the end of placing the order.
The customer can choose a delivery:
Either with So Colissimo, for which the customer would pay eight Euros TTC for shipping charges
or in one of the Un Jour Ailleurs stores in mainland France, and the shipping is free.
5.2. Our company reserves the right to change product prices at any time.However, products will be billed based on the prices in effect at the time of placing the order by the customer.
5.3. The products remain the property of our company until the full payment of their price to our company.
ARTICLE 6 – DELIVERY
6.1 – GENERALITIES
The products are delivered to the shipping address provided by the customer when placing the order, unless he chooses to retrieve them from a Un Jour Ailleurs store in mainland France.
The customer is required to take all necessary measures for a successful delivery. A ce titre, il est tenu de fournir l'ensemble des informations indispensables à la livraison (adresse exacte, code de porte, tierce personne habilitée à réceptionner les produits en son absence, etc.). As such, he must provide all information necessary for the delivery (exact address, area code, third party authorized to accept the goods in his absence, etc.).
In the absence of such information, our company can not be held responsible for failure to deliver.Dans un tel cas, les produits seront retournés à l'entrepôt de notre société et le client devra prendre contact avec notre Service clients dont les coordonnées figurent à l'article 11 ci-dessous afin de prendre connaissance des démarches à suivre pour récupérer les produits commandés.In such cases, the products will be returned to our company’s warehouse and the customer must contact our Customer Service,the contact information shown in Article 11 below, to find out what to do in order to retrieve the ordered products.Notre société décline toute responsabilité quant au délai de récupération par le client de ses produits. Our company is not responsible with the length of time needed by the customer to retrieve his products.
6.2 – deadlines
The customer is informed regarding the delivery deadline for each product before placing the order.
Orders are usually processed within 3 working days from receipt, except during the periods of sales and promotion, where the processing time up to 5 days.
Orders received over the weekend are processed the following Monday.
Orders received during a legal holiday are processed during the following working day.
The products are delivered:
with So Colissimo. Orders are hand delivered to the buyer (against signature and upon presentation of proof of identity). The deadline is usually 48 to 72 hours after processing and shipment of the package from our company (normal routing delay provided by the Post Office).Si le client est absent lors de la livraison, le colis est conservé pendant 2 semaines par le bureau de Poste dont le client dépend. If the customer is not present at the delivery, the package is kept for two weeks by the Post Office in the customer’s area.
with Chronopost. Orders are hand delivered to the buyer (against signature and upon presentation of proof of identity). The deadline is usually 24 hours after processing and shipment of the package from our company (normal routing delay provided by the Post Office).Si le client est absent lors de la livraison, le colis est conservé pendant 2 semaines par le bureau de Poste dont le client dépend. If the customer is not present at the delivery, the package is kept for two weeks by the Post Office in the customer’s area.
in one of the Un Jour Ailleurs stores in mainland France. Orders are hand delivered to the buyer (against signature and upon presentation of proof of identity). The deadline is usually 48 hours after processing and shipment of the package from our company.Si le client est absent lors de la livraison, le colis est conservé pendant 2 semaines par le bureau de Poste dont le client dépend. The delivered products are kept for two weeks in our stores.
In case of payment by check, the order will be processed upon receipt of the check. En conséquence, le délai de livraison commencera à courir à compter de la réception du chèque et peut donc être modifié par rapport à celui mentionné au jour de la passation de la commande. As a result, the delivery deadline will begin to run from receipt of the check and can be changed from that stated at the time of placing the order. En cas de paiement par carte bancaire, le délai de livraison commence à courir à compter de l'acceptation du règlement par notre société. When paying by credit card, the delivery time begins to run from the acceptance of payment by our company.
If the products are not delivered 7 days after the deadline, except in the cases of force majeure referred to in Article 16 below, the customer may cancel the order by sending to our Customer Service at the address provided in Article 11 below, a request by registered letter with confirmation of receipt. Ce dernier pourra obtenir restitution de son paiement dans les conditions prévues à l'article 9 ci-après. The customer may obtain restitution for his payment in the conditions stated in Article 9 below.
In case of late delivery and if the products were shipped, the customer may also cancel the order and request a refund for the products returned complete, in their original condition and accompanied by original purchase invoice of the products and the cost of return charges.
In any event, delivery within the expected time limit may only occur if the customer is current on his payments to our company.
6.3 – delivery problems
As the delivery is preformed by a provider chosen by our company, the products travel at the risk of our company, except special cases.
The customer is responsible for checking the condition of the packaging and the quantity of delivered products.
Any claim regarding the product delivery must be placed by the customer within 72 hours of receipt by sending:
either a registered letter with confirmation of receipt addressed to our Customer Service at the addresses listed in Article 11 below.
or by email at : email@example.com
Then, in accordance with the provisions of Articles 9 and 14 below, the customer may benefit from the terms of exchange and refund provided for cases of non-compliance of the ordered products.
6.4 – order tracking
When our company ships a package, an email is sent to the customer, informing him, if applicable, what the tracking number is so that he can verify the delivery of the package.
If sent by So Colissimo or Chronopost, the customer receives the number of his package and a link to an internet site where he can track his shipment.
The customer also has the ability to track his order by logging into his account and going to the “Tracking and history of my orders”.
ARTICLE 7 – PAYMENT
The products may be paid:
either with a Visa, MasterCard, American Express credit card or any other credit cards. The card is charged upon placing the order.
or by check made payable to the order of the UN JOUR AILLEURS Company and sent to the following address: Service Comptabilité UN JOUR AILLEURS – Commandes Web - 117, Quai de Valmy – 75010 Paris. The check is deposited upon its reception.
In case of delay or default in payment, our company may suspend all pending orders, without prejudice to any other course of action.
ARTICLE 8 – RIGHT OF WITHDRAWAL AND EXCHANGE
8.1. Only the non-professional customers benefit of a 7 full days period from the receipt of their products to withdraw, without having to give a reason, and at no cost except the return charges that will be their responsibility (unless the right to withdraw is due to an error on our side during the order processing).
When the 7-day period expires on a Saturday, Sunday, a holiday or a day off, it is extended until the next business day.
Only the price of the returned products will be refunded. This refund will be made as soon as possible and no later than within 30 days following the date on which the withdrawal right was exercised, by crediting the customer's bank account or by check. No dispatch as counter-refund shall be accepted.
Returns to be made directly in all the Un Jour Ailleurs stores in mainland France or at the following address: Un Jour Ailleurs VETSOCA – 110 bis, avenue du Général Leclerc – 1st Floor – Bldg. 6 – 93500 Pantin.
The right of withdrawal may be exercised from the moment of placing the order, even before the products are delivered to the customer.
In the event that the products were already delivered, this right of withdrawal will be accepted only for products returned new, complete (in particular, including accessories), in their original state (packaging, instructions ...) and can be offered for sale again.
Products returned incomplete, worn, damaged, stained or dirtied by the customer will not be accepted.
8.2. The customers also have a 7 full-day period from the receipt of their products for an exchange of size and/or color, on the same model, in one of the Un Jour Ailleurs stores in the mainland France.
Returned products must be new, complete (in particular, including accessories), in their original state (packaging, instructions ...) and can be offered for sale again.
Products returned incomplete, worn, damaged, stained or dirtied by the customer will not be accepted.
8.3. In order to facilitate exercising the right to withdrawal or exchange of the products, the customers are encouraged to fill in the “return authorization” attached to each order or found as part of the “My Account” section of the Site.
ARTICLE 9 – REFUND
The refund for the products in the cases referred to in Articles 6.2, 6.3., 8.1. et 14 sera effectué dans un délai inférieur ou égal à 30 jours suivant l'envoi de la lettre recommandée avec demande d'avis de réception du client ou des produits retournés par ce dernier.and 14 will be made in up to or equal to 30 days after sending the registered letter with delivery confirmation by the customer or return of the products by the latter.
The refund will be made by crediting the customer's bank account or by check.Aucun envoi en contre-remboursement ne sera accepté quel qu'en soit le motif. No dispatch as counter-refund shall be accepted.
ARTICLE 10 – SECURITY
The Site is subject to a security system. Thus, our company has adopted the SSL encryption process to protect as effectively as possible all significant data related to methods of payment. Payment of the orders is made through the Société Générale.
ARTICLE 11 – CUSTOMER SERVICE
Our Customers Service is available Monday through Friday from 9 am to 7 pm for any information or questions concerning the products:
Tel: +33 800 003 867
Address: Customer Service Un Jour Ailleurs – 117, Quai de Valmy – 75010 Paris.
ARTICLE 12 - INTELLECTUAL PROPERTY
12.1. All visual images, text, comments, works, illustrations, drawings and images displayed on the Site are subject to copyright and intellectual property rights in the entire world. Toute reproduction totale ou partielle du Site est donc strictement interdite. Any reproduction in whole or in part of the Site is strictly prohibited.
12.2. The customer agrees not the use the products in a way that my prejudice the rights of our company.
ARTICLE 13 – RESPONSIBILITY
The products offered on the Site comply with French legislation and standards applicable in France.
Our company may not be held liable in case of non-compliance with the legislation of the country where the goods are delivered. Thus, the customer is responsible with checking with the local authorities the possibility to import or use of the products he intends to order.
The products photos displayed on the Site are for illustrative purposes only and therefore have no contractual value.Le client est invité à se reporter au descriptif de chaque produit figurant sur le Site pour en connaître les caractéristiques et en cas de doute ou si des renseignements complémentaires sont souhaités, à contacter le Service clients dont les coordonnées figurent à l'article 11 ci-dessus. The customer is invited to refer to the description of the products listed on the site to familiarize himself with the characteristics and in case of doubt, or if additional information is required, contact the Customer Service according to the information contained in Article 11 hereabove.
When the products are purchased on a professional basis, the company shall not be held liable for any damages directly or indirectly related to their use, business interruption, and loss of profits, loss of opportunity or expense that might arise from the purchase of products. More generally, our company can not be held liable for any damages whatsoever resulting from using the products as part of a professional activity.
ARTICLE 14 – WARRANTIES
The customer benefits of the legal warranties of conformity of the contract and hidden defects in accordance with the legal provisions from Annex A of the General Terms.
Thus, our company undertakes, at the discretion of the customer, to refund or exchange as soon as possible his products that are apparently defective or not corresponding to his order and no later than 30 dayssuivant l'envoi des produits retournés par le client.after the returned goods are shipped back by the customer.
The refund will be done by crediting the customer’s bank account or by check. No dispatch as counter-refund shall be accepted.
Products must be returned new, complete (including their accessories), in their original packaging et accompagnés and accompanied de l'original de la by the original facture d'achat invoice et éventuellement du bon de retour qui sera à imprimer par le client dans les mêmes conditions que celles visées à l'article 8.3 ci-dessus. and, if possible, the return authorization that will be printed by the client in the same conditions as those referred to in Article 8.3 hereabove.
No product can be refunded or exchanged before being shipped back and received by our company.
It is the customer’s responsibility to provide our company with all clarifications concerning the existence of anomalies of defect.
The customer shall refrain from intervening or from having third parties interfere for this purpose.
The provisions of this article shall not prevent the customer from benefiting of the right of withdrawal described in Article 8.1 hereabove.
ARTICLE 15 – INTERNET USE RULES
Our company is committed to put all efforts in securing the access, the consultation and use of the Site in compliance with the Internet use rules.
The Site is accessible 24 hours a day, 7 days a week, with the exception of force majeure cases or the occurrence of an event beyond the control of our company and subject to possible breakdowns and maintenance interventions needed for the proper operation of the Site.
The maintenance interventions may be performed without prior notification of the customers.
The customer agrees with the Internet characteristics and limitations, particularly in what concerns its technical performance, the response time for consulting, inquiring or data transfer, as well as the communication security risks.
In this respect, the customer acknowledges that:
he uses the Site at his own risk; the Site is accessible “as is” and subject to its availability;
any material downloaded or otherwise obtained by the customer while using the Site, is at his own risk;
the customer is solely responsible for any damage to his computer or any loss of data due to downloading this material or the visit of the Site;
therefore it is his responsibility to take all the appropriate measures to protect his own data and/ or software from contamination with any viruses that may cross across the Site;
no further advice and any other information, whether oral or written, obtained by the our company’s customer or while using the Site are likely to create any warranties that are not expressly mentioned in our General Sale Terms;
the customer is sole responsible with his usage of the Site;
the communication of his access codes or in general of any information deemed confidential is done at the customer’s own responsibility;
it is the customer’s responsibility to take all necessary measures to ensure the technical characteristics of his equipment permit accessing the Site.
ARTICLE 16 – FORCE MAJEURE
Neither one of the two parties will have failed its contractual obligation if they were delayed, hindered or prevented to fulfill their part by an unforeseeable circumstance or a case of force majeure.
Will be considered unforeseeable circumstance or force majeure any compelling facts or circumstances, external to the parties, unpredictable, inevitable, beyond the control of the parties and which can not be prevented by them, despite all reasonably possible efforts.
The party affected by such circumstances shall notify the other within 7 working days following the date on which it will become aware of the situation.
Within 30 days the two parties will get together to examine the impact of the event and agree on the terms for continuing the order processing. If the unforeseeable circumstance or force majeure will last more than 60 days, the order may be cancelled by the aggrieved party.
ARTICLE 17 –APPLICABLE LAW – DISPUTES
17.1 Personal Data
The personal data of our customers (hereinafter referred to as the “Data”) are processed by our company for the purposes of managing the customer account and marketing.
The Data collected for the purposes of managing the customer account (processing and sending of orders, notably) are required to conclude the sale.
The Data for marketing purposes are collected:
- in the legitimate interest pursued by our company, namely to notify you of our collections and allow you to benefit from special offers, being advertising by post,
- with your prior consent, marketing by electronic means (email/MMS).
The Data are processed internally by our marketing, IT and sales department. They may be passed on to subcontractors approved by our company, which are authorised to process them in compliance with the instructions given by our company.
As data controller, our company takes all useful precautions to protect the security and confidentiality of the Data, and notably to prevent them becoming distorted or damaged, or to prevent third parties having access thereto.
The Data are stored for security purposes, in order to comply with the legal and regulatory obligations, and to enable our company to improve and personalise the services it offers and the information it sends to its customers. Our company undertakes to respect the legal durations for storage of personal data.
Pursuant to Regulation 2016/679 of 27 April 2016, the customer has a right of access, rectification and erasure of his Data. The customer may object to processing concerning him and exercise his right to restrict the processing and portability of the Data, under the conditions defined by the above-mentioned Regulation.
To exercise these rights, the customer must send a letter or an email to our Customer Services department, the contact details of which are presented in Article 12 above, indicating his surname, forename, address, and customer reference if applicable.
Furthermore, and in compliance with Article 77 of the abovementioned European Regulation, without prejudice to any other administrative or judicial remedy, you can also lodge a complaint with a supervisory authority**, particularly in the Member State of your habitual residence, place of work or place of the alleged infringement, if you consider that the processing of personal data relating to you infringes this Regulation.
Sales canvassing and newsletter:
Our company will send our customers its sales offers by email and text, if they have agreed thereto, and by post if they have not objected.
The customer retains the right to object to sales canvassing at any time, without cost, by clicking on the “unsubscribe” link given in each email, or by sending an email or a letter to our Customer Services department, the contact details of which are presented in Article 12 above.
** In France it is the CNIL: https://www.cnil.fr/
THE GENERAL TERMS WERE WRITTEN IN FRENCH, WHICH WILL BE CONSIDERED IN ANY SITUATION AS THE SOLE LANGUAGE OF THE PARTIES.
THE INTERPRETATION AND APPLICATION OF THE GENERAL TERMS, AS WELL AS ALL RESULTING OR CONSEQUENT DOCUMENTS, WILL BE SUBJECT TO THE FRENCH LAW. THIS APPLIES TO THE PLACE WHERE THE ORDER WAS PLACED, REGARDLESS TO WHERE THE PRODUCTS WERE DELIVERED, THE CUSTOMERS’ NATIONALITY AND HIS ADDRESS.
ANY DISPUTE ARISING FROM THE GENERAL TERMS AND/OR THE ENTIRE ORDER THAT WILL BE ADDRESSED TO OUR COMPANY AND/OR ANY SALE MADE BY OUR COMPANY WILL BE SUBJECT TO THE EXCLUSIVE COMPETENCE OF THE FRENCH JURISDICTION, EVEN IN CASE OF THIRD PARTY APPEALS OR OF MULTIPLE RESPONDENTS OR ANCILLARY CLAIM.
ARTICLE 18 – PERSONAL INFORMATION
Information and data concerning the customer are required to manage his order and his commercial relation with our company. They may be shared only with those companies involved in these relations, such as those in charge with the completing the orders, particularly in what concerns their payment. This information and data are also saved for security reasons, in order to help our company improve and customize the services it offers and the information it provides to its customers.
Under the Data Protection Act n° 78-17 of January 6, 1978, the customer has the right to access, edit and delete the personal data concerning him. It is enough to write to the Customer Service of our company (the contact information being provided in article 11 of our General Sale Terms) indicating his full name, address and if it is the case, his customer reference number.
ARTICLE 19 –COOKIES AND WEB TAGS (BEACONS)
19.1. Cookies designate small information files that may be sent by a Web site to the hard disk of a personal computer and then traced. In order to function properly, certain customized services of the Site use temporary cookies and require the customer’s acceptance of said cookies. If the browser of the customers’ PC is configured to deny cookies, the access to these services may be affected, maybe even impossible. The cookies used on the Site help identifying the products purchased by the customer and in general his behavior in what concerns the visits. This information is used to improve the customization of the services, products, content, promotional offers and banners displayed on the Site. The customer may disable the cookies or delete them by using his browser options. As each browser is different, the customer should consult the instructions of his browser to find the optimal setting. This information is saved in the customers’ PC for 12 months after closing the customer’s account.
19.2. It is also possible for our company to rely on the Web Tags techniques in order to configure the Site better and provide an optimal service. A Web Tag (“web beacon”) is a .GIF pixel file allowing a site to keep track of the users who have visited each page or still have active certain cookies. These tags can be located on specific pages of the Site or may be included in promotional emails. When a visitor accesses these pages, the system generates an anonymous signal of this visit, signal that may be then processed by our services or our sales representative. These Web Tags work in synergy with the cookies. If the browser permits it, the customer may disable some Web tags by rejecting the associated markers.
Article L. 211-4 of the Consumer Code
The seller is responsible with delivering goods according to the contract and liable for any failure to comply existing upon delivery. It also addresses the lack of conformity resulting from the packaging, assembly or installation instructions when these were assigned to be his contractual responsibility or have been carried out as part of his responsibility.
Article L. 211-5 of the Consumer Code
In order to comply with the contract, the item must:
1° - Be suitable to the usage normally expected from such a product and, where the case:
match the description given by the seller and displays the qualities presented to the customer as a sample or model
match the qualities a buyer may reasonably expect given the public statements made by the seller, manufacturer or his representative, in particular in advertising or labeling
2° - Or match the characteristics defined by mutual agreement of the parties or be suitable for any particular purpose sought for by the customer, brought to the attention of the seller and which was accepted by the latter.
Article L. 211-12 of the Consumer Code
The action resulting from a lack of conformity is prescribed in two years from the delivery of the item.
Article 1641 of the Civil Code
The seller must provide the warranty in view of hidden defects of the sold item which might render it unfit for the purpose it was intended, or that may diminish this usage to the point where the customer would not have bought it, or would not have paid this price, if he had known.
Article 1648 paragraph 1 of the Civil Code
The action resulting from latent defects must be presented by the purchaser within two years from the discovery of the defect.