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TERMS OF SALES
January 2018
1. Seller designation and content
These general conditions of sale are intended to define the rights and obligations of JT2D and the Customer designated in Article 2 below in the context of the online sale of goods offered by the seller to the customer, from the website www.jt2d.com.
JT2D is a simplified joint-stock company, with a capital of 100,100 euros, registered with the Trade and Companies Register of Bayonne on June 11, 2015, under number 811 934 058, with its registered office at 22 rue de l'industrie 64700 in Hendaye.
Website address: www.jt2d.com
Phone: +33 (0)7.57.90.09.01
VAT number: FR72811934058
Website Host: Gandi
2. General provisions relating to these Terms and Conditions of Sale (hereinafter, the GTCSS)
2.1. Purpose and scope of the GTCSS
The GTCSS apply exclusively to the online sale of products between JT2D (hereinafter "the seller") and any consumer natural person visiting or making a purchase via the Site (hereinafter "the customer").
The GTCSS constitute with the order form, the contractual documents opposable to the parties, to the exclusion of all the other documents, prospectuses, catalogues or photographs of the products which have only an indicative value.
These terms express the entire obligations of the parties. In this sense, the customer is deemed to accept them without reservation.
These GTCSS apply to the exclusion of all other conditions, and in particular those applicable to sales in store or through other channels of distribution and marketing.
The seller and the customer agree that these Terms and Conditions govern their relationship exclusively.
The GTCSS are exclusively applicable to products delivered to customers in France and in all countries where we market this product: Spain, Germany, Belgium, the Netherlands, Portugal, Italy, the United Kingdom and Switzerland.
The Terms and Conditions are written, and all the contractual information mentioned on the site are in French.
2.2. Availability and opposability of the GTCSS
The GTCSS are made available to the customer on the seller's website where they are directly available and will prevail, if necessary, on any other version or any other contradictory document.
The customer acknowledges having been informed, before the placing of his order and the conclusion of the contract, in a readable and understandable way, of these general conditions of sale and all the information listed in Article L. 221-5 of the code of consumption.
Indeed, the GTCS are opposable to the customer who recognizes, by checking a box provided for this purpose, to have known and accepted them before ordering.
The validation of the order by its confirmation is worth adhesion by the purchaser with the GTCS in force on the day of the order, whose conservation and reproduction are assured by the professional seller in accordance with articles 1174 and following of the civil code.
2.3. Modification of the GTCS
The seller reserves the right to modify its Terms and Conditions at any time.
They will be applicable as soon as they are posted.
In case of modification of the GTCS, those applicable are those in force on the date of the order of which a copy dated to date can be given, at its request, to the customer.
2.4. Terms of the GTCS
The nullity of a contractual clause does not entail the nullity of the GTCS.
If one or more stipulations of the present general conditions are held for invalid or declared such under a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will keep all their force and their reach.
3. Products
3.1. Characteristics
The products offered for sale presented in the catalogue published on the site are each subject to a description stating their essential characteristics.
3.2. Manual
The method of use of the product, if it is an essential element, is available online in PDF format on the product sheet or in paper version upon delivery of the product.
3.3. Conformity
The products comply with the requirements in force concerning the safety and health of persons, the fairness of commercial transactions and the protection of consumers at the time of their placing on the market.
The products comply with the requirements of French law in force at the time of their placing on the market.
4. Price
4.1. Selling price
The selling prices are indicated, for each of the products appearing in the electronic catalogue, in euros all taxes included, except delivery and transport costs mentioned before validation of the order and invoiced in supplement.
The total amount due from the customer is indicated on the order confirmation page.
The selling price of the product is the one in force on the day of the order.
The products remain the property of the seller until full payment of the price.
4.2. change
The seller reserves the right to change prices at any time, without notice, while warrantying the customer the application of the price in effect on the day of the order.
5. Offer
5.1. Field
The online sales offers presented on the site are reserved for customers residing in France and abroad for deliveries in these same geographical areas.
5.2. duration
The online sales offers presented on the site are valid, in the absence of indication of specific duration, as long as the products appear in the electronic catalogue and while stocks last.
5.3. Acceptance
The acceptance of the offer by the customer is validated, in accordance with the double click process, by the confirmation of the order.
6. Operation
6.1. Steps to conclude the contract
To place an order, the customer, after having filled his virtual basket indicating the selected products and the desired quantities, then clicks on the "Order" button. He will then have to create his account and then provide the information relating to the delivery and the method of payment.
Before clicking on the "Validate" button, the customer has the opportunity to check the details of his order, his total price and return to previous pages to correct any errors or possibly modify his order.
For the order to be validated, the buyer will have to accept, by clicking in the indicated place, these general conditions. The confirmation of the order therefore implies acceptance of the GTCS. An email acknowledging receipt of the order and its payment is sent by the seller as soon as possible.
Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and warrantys mentioned below.
In some cases, including payment default, wrong address or other problem on the customer's account, the seller reserves the right to block the order of the customer until the problem is solved. The cancellation of the order for this product and its possible refund will then be made, the rest of the order remaining firm and final. For any question relating to the follow-up of an order, the customer must call +33 (0)7.57.90.09.01.
6.2. Order modification
Any modification of order, by the customer, after confirmation of his order is subjected to the acceptance of the seller.
6.3. Unavailability of ordered products
If the products ordered are unavailable, the seller will inform the customer by email as soon as possible and may offer a product of a quality and an equivalent price.
In case of disagreement, the customer may cancel the order and be reimbursed, if necessary, the sums already paid.
7. Contract
7.1. Conclusion
The sale will be considered final:
- after sending the customer by email the confirmation of acceptance of the order by the seller;
- and after receipt by the seller of the full price.
7.2. Archiving and proof
The computerized records kept in the seller's computer systems under reasonable security conditions will be considered as proof of communications, orders and payments between the parties. These communications, purchase orders and invoices can be produced as proof of the contract.
7.3. retraction
In accordance with the Consumer Code, upon receipt of the products, the customer has a period of fourteen (14) business days to return any item not suitable for him and requests the exchange or refund without penalty, with the exception of return costs which are the responsibility of the customer.
The products must however be returned in their original packaging and in perfect condition within 14 days of the notification to the seller of the customer's decision to withdraw.
Packages returned due to customer retraction are checked upon their arrival in our warehouses. All returned packages must be complete (packaging, accessories, parts, notices ...) and accompanied by the purchase invoice. Any damaged or dirty product will not be taken back.
The right of withdrawal can be exercised online at the following email address: sav@jt2d.com.
In this case, a reply email will be communicated to the customer. Any other method of declaration of withdrawal is accepted. It must be unambiguous and express the will to retract. In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased (s) and the delivery costs are refunded.
The return costs are the responsibility of the buyer.
The exchange (subject to availability) or refund will be made within 14 days from the receipt by the seller of the products returned by the customer under the conditions provided above.
8. Payment
8.1. Payment terms
The price is due in full upon confirmation of the order.
The price is payable in cash, in full on the date of placing the order by the customer, by way of secure payment (Credit Card). Payments made by the customer will be considered final only after actual collection of the sums due by the seller. The customer agrees to receive his invoice in electronic form only.
8.2. Default of payment
The seller will not be required to proceed with the delivery of products ordered by the customer if it does not pay the price in full under the conditions indicated above.
In addition, the seller reserves the right, in case of non-compliance with the terms of payment listed above, and particularly in case of refusal of authorization to pay by credit card from officially accredited bodies or in case of non -payment, suspend or cancel the delivery of current orders made by the consumer.
9. Delivery
Delivery means the transfer to the consumer of physical possession or control of the product. It is made only after confirmation of payment by the bank of the seller.
9.1. Delivery time
All deadlines are expressed in working days (every day except Saturday and Sunday). The seller undertakes to deliver the products in accordance with the delivery deadline indicated on the site.
9.2 Delivery charges
Delivery charges applied for all orders in mainland France or outside Metropolitan France are expressed on the website in euros including VAT.
Here is the price schedule that applies to the delivery of products on our site:
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NET PRICE PACKAGE (€) 2019 |
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FRINGE WEIGHT(Kg) |
France |
Germany/Belgium/ Netherlands |
Spain/Italia/U. K |
Switzerland |
Portugal |
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1 to 5Kg |
6,00 € |
10,00 € |
12,00 € |
12,00 € |
25,00 € |
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6 to 10kg |
8,00 € |
12,00 € |
14,00 € |
14,00 € |
30,00 € |
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11 to 15Kg |
10,00 € |
14,00 € |
16,00 € |
16,00 € |
35,00 € |
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16 to 20kg |
12,50 € |
16,50 € |
18,50 € |
18,50 € |
38,00 € |
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21 to 25Kg |
13,50 € |
17,50 € |
19,50 € |
19,50 € |
40,00 € |
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26 to 30Kg |
15,00 € |
19,50 € |
21,50 € |
21,50 € |
45,00 € |
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31 to 40kg |
40,00 € |
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41 to 50kg |
45,00 € |
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51 to 60kg |
50,00 € |
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61 to 70kg |
55,00 € |
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71 to 80kg |
60,00 € |
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81 to 90kg |
65,00 € |
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91 to 100kg |
70,00 € |
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> 100kg |
80,00 € |
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Attention: the prices indicated for weights> 30Kg are averages. For example, delivery to a ski resort will cost more.
9.3. Late delivery
In case of late delivery, the customer can contact our after-sales service by sending an email to the following address: sav@jt2d.com or by phone: +33 (0)7.57.90.09.01. Our advisors are at your disposal from Monday to Friday from 9h to 18h.
If your order has not occurred on the expiry of the deadline, you may order us, by registered letter with acknowledgment of receipt or in writing on another durable medium, to make the delivery within a reasonable additional time.
If we have not executed within this period, you have the option to cancel your order in the same manner (by registered letter or by a durable written support). Within fourteen (14) days following the day of your request, we will refund the expenses incurred.
9.4. Terms of delivery
The products are delivered to the address indicated by the customer on the order form. Delivery is made by post or by an independent carrier. Any package returned to the seller because of an incorrect or incomplete delivery address will be returned at the customer's expense. The customer may, at his request, obtain the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose on the order form.
9.5 Compliance and product damage
If at the time of delivery, the original packaging is damaged, torn, open, the customer must then check the condition of the items. If they have been damaged, the customer must refuse the package and note a reserve on the delivery note (parcel refused because open or damaged).
The customer must indicate on the delivery note and in the form of handwritten reserves accompanied by his signature any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...).
This verification is considered to be carried out when the customer, or a person authorized by him, has signed the delivery note.
The customer must then confirm by registered mail these reservations to the carrier no later than three working days after receipt of the item and send a copy of this letter by fax or simple mail to the seller at the address indicated below.
Similarly, if the product does not conform to the order, the customer must send a complaint to the seller to obtain the replacement of the product or possibly the resolution of the sale.
The complaint can be made, at the customer's choice:
- telephone number: 07.57.90.09.01
- e-mail address: sav@jt2d.com
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller in its original packaging (packaging, accessories, instructions ...), to the following address:
JT2D
22, industry street
ZI of the Joncaux
64700 Hendaye.
The costs of return and return of the compliant product are the responsibility of the seller.
9.6 Circumstances beyond our control
We cannot be held responsible for losses, damages, errors or failure to deliver a shipment as soon as it is established the existence of circumstances beyond our control. "Circumstances beyond our control" means in particular:
- fortuitous events or force majeure, namely: earthquakes, cyclones, storms, floods, wars, road accidents, train accidents, aircraft accidents, embargoes ...
- any defects or particularities related to the nature of the shipment even though we would have been informed of it at the time of our acceptance,
- any act, omission or negligence of any third party, for example: the recipient, any interested third party, any customs employee or any other administration, the postal services, any carrier or other third party to whom the consignment would be entrusted by our service provider to serve areas not directly served by itself, even though the shipper would not have asked for or been informed of the use of a third party.
9.7 Indirect damage
In case of non-compliance with our commitments and whatever the cause, Torres de Sabor will only be required to refund the delivery service under the reservations stated above (Delayed Delivery) and in no case the indirect damages that the customer would come to invoke. These indirect damages and losses include any loss of income, profits, interest or markets and any loss related to the inability to use all or part of the shipment.
9.8 Break during the expedition
If a package arrives at the damaged recipient (broken bottle or bottles), the recipient must refuse the package. The carrier will inform Torres de Sabor. On receipt of this information, Torres de Sabor undertakes to return to the recipient immediately an identical package. Under no circumstances will the customer be able to demand the refund of the product and the delivery package.
10. Liability
10.1. Disclaimer
The seller's liability cannot be incurred in the event of non-performance or improper performance of the contract due either to the client, to the insurmountable and unpredictable fact of a third party to the contract, or to force majeure.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance. Expressly, are regarded as case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party. The responsibility of the seller cannot be held for non-conformity of the product with the legislation of the country of the customer, which it is to check if the product is not prohibited for sale in his country.
11. Intellectual property
All elements of the site www.torres-de-sabor.com are and remain the intellectual and exclusive property of JT2D. No one may reproduce, use, repost or use for any purpose whatsoever, even partially, elements of the site that are software, visual or sound. Any reproduction and dissemination of these elements, without the prior written permission of the publisher, expose offenders to prosecution.
12. Protection of personal data
Nominative information:
The collection of personal data, their use for the processing of orders and the creation of customer files and their dissemination to third parties responsible for the execution and payment of orders, is subject to the consent of the person concerned. The processing of personal data is retained by the publisher for the only purpose of proper administration of orders and commercial relations. The processing of information communicated through the website www.torres-de-sabor.com has been declared to the CNIL. The consumer has at any time a right to access, modify, rectify and delete personal data concerning him in the "My Account" section of the Site. He may also, for legitimate reasons, oppose the processing of data concerning him.
Cookies:
This site uses the use of cookies. To learn more about these cookies, their functions and how you can disable them, please read the Cookies section.
13. Dispute Resolution
13.1. Applicable law and territorial jurisdiction
Any complaint must be addressed to:
JT2D
22, rue de l'Industrie
Industrial area of the Joncaux
64700 Hendaye
or sav@jt2d.com
These general terms and conditions are subject to French law with regard to the substantive rules as well as the rules of form. Any dispute must be the subject of an attempt prior to amicable settlement. In the absence of amicable settlement, jurisdiction is assigned to the competent French courts.
13.2. Intervention of a mediator
As a consumer you can contact a mediator of the Federation of e-commerce and distance selling (FEVAD), according to the terms indicated on the page http://www.mediateurfevad.fr whose coordinates are the following: 60, rue La Boétie - 75008 Paris.
13.3 Territorial jurisdiction
For any dispute relating to the purchase order and the present GTCS, the competent court will be that of the defendant's place of residence or that of the actual place of delivery of the product. For any dispute relating to the purchase order or these GTCS, the competent court will, if the customer is the defendant, that of the place of his domicile.
