Terms of sale
1 - Scope and definition
These Terms and Conditions of Sale ("T&Cs") apply as soon as you access the Jack Gomme Online Store www.jackgomme.com (the "Website") or place orders to purchase one or more products presented on the Website.
Any reference to "we", "us" or "our" in these terms and conditions is to B&M sarl and any reference to "you", "your" or "yours" is to you, the user of the Website.
Please read these terms and conditions carefully before using the Website and placing your order. By accessing any part of the Website or ordering products from the Website, you agree to be bound by these Terms and Conditions.
2 - Our contract
All products offered for sale on the Website are subject to availability.
Once finalized, your order constitutes acceptance of our offer, including acceptance of the proposed price and the designated products. Consequently, when you confirm your order, you agree to be bound to our company by a sales contract, subject to the availability of the products and the validation of your payment under the conditions provided for in Article 7 below.
We remind you that this Website is exclusively intended for consumers. Purchases made from the Website are for your personal use, including for personal gifts, and may not be resold, used in a commercial context, or used for commercial gain. We reserve the right to refuse orders for multiple quantities of the same item from a single customer or to a single postal address.
3 - Preamble
The following provisions establish the general conditions of sale of the products offered by the B&M company on its website at the following address:www.jackgomme.com
Clicking on the icon "I accept the general conditions of sale" means that you accept these general conditions of sale.
Clicking on "Confirm your order" means that you are definitively confirming your order.
B&M invites you to read the following clauses carefully.
B&M specifies that it is not possible to buy a good without accepting the conditions set out below.
B&M is a limited liability company with a capital of 10,503 euros whose head office is located at 46, rue de la Villette - 75019 Paris, registered with the Paris Trade and Companies Register under number 385 400 031.
Article 1. Object :
The present general conditions of sale aim to define, exclusively because of the relations that they establish on the Internet network, the reciprocal rights and obligations of the parties as well as the various stages of the ordering process.
Article 2. Products:
The products offered for sale by B&M are those listed on the site on the day of consultation by the User and within the limits of available stocks. If a product is not available, B&M undertakes to inform the customer as soon as possible.
In case of unavailability of a product ordered and paid for after 30 days, the customer will be informed by e-mail. The cancellation of the order of this product and its refunding will then be carried out, the remainder of the order remaining firm and definitive.
The products offered for sale are described and presented with the greatest possible accuracy. However, B&M cannot be held responsible for any errors or omissions in this presentation. The photographs and texts illustrating the products are not contractual.
Article 3. Prices :
The prices are indicated in Euro. They take into account any discounts as well as VAT, applicable on the day of the order. The prices indicated are guaranteed within the limits of available stocks, except for important modifications of the charges and in particular of the VAT, and except for typographical errors or omissions. The prices indicated do not include postage and packaging costs which will be invoiced in addition and will be specified to the customer at the time of the final validation of the order.
B&M reserves the right to modify its prices at any time but the products will be invoiced on the basis of the rates in force at the time the order is registered, subject to the availability of the products. The products remain the property of B&M until full payment of the price.
Article 4. Order :
4.1 - Registration of an order:
The customer interested in an article visible on the site www.jackgomme.com, orders directly via the site: www.jackgomme.com.
The customer who makes his order directly on the site www.jackgomme.com must follow the following procedure:
- At the time of his first order, the customer will have to fill in a form containing the following information: title, surname, first name, complete delivery address, e-mail and telephone number. He will then specify the chosen delivery method.
- The customer will choose the different products in which he/she is interested and will successively click on the link "Add to my basket". At any time he will have the possibility :
- Obtain a summary of the selected products by clicking on the "Shopping cart" link
- Continue shopping by clicking on the "Continue shopping" link
- To finish his selection and place the order by clicking on the link "Finalize your order"
- To order the selected products, the customer will have to identify himself, by entering his e-mail and his password
.
The customer is informed and accepts that entering these two identifiers (e-mail address and password) is proof of his identity and shows his consent.
- If the customer has not registered beforehand, he/she must fill in the form that will appear automatically when placing his/her first order or fill it in beforehand by going to the "My account" section and clicking on the "Register" link.
Once the user is identified, he will have to validate the delivery address and then an order form will appear summarizing: the nature, quantity and price of the products chosen by the user, as well as the chosen method of payment, the user's contact details and the delivery address of the parcel.
4.2 - Validation of the order :
After having read the status of his order, and once all the information requested has been completed by the customer, the latter will click on "Confirm" to definitively confirm his order. After having validated his method of payment, the customer definitively and irrevocably validates his order with the effects indicated below.
- Payment by credit card via Société Générale (Sogenactif)
The customer validates his address, the product(s) and the total price. The customer must provide his/her credit card number, its expiry date and the cryptogram number (3-digit number on the back of the credit card).
B&M will acknowledge receipt of the order as soon as it is validated by e-mail or by any other means at its convenience, in accordance with the provisions of Article L121-19 of the French Consumer Code.
Please note that for all orders over 300 euros, a photocopy of your identity card may be required. Please provide us with this additional document as soon as possible for a quick processing of your order.
Article 5. Payment :
The amount due by the customer is the amount indicated on the order confirmation sent by e-mail by B&M to the customer. Payment will be made, unless the server is unavailable, immediately on the Internet by credit card (Blue, Visa, American Express). In any event, B&M reserves the right to refuse any order or delivery in the event of a dispute with the customer, total or partial non-payment of a previous order by the customer, refusal of authorisation of payment by bank card by banking organisations, non-payment or partial payment. B&M shall not be held liable in this respect.
For any amount over one hundred and twenty euros, in accordance with Article L.134-2 of the French Consumer Code, B&M will archive proof of the written sale on paper or electronically during the applicable legal time periods. The customer has access to this document at any time, upon request to B&M by enclosing proof of identity and a contribution to the cost of shipping.
Article 6. Security of transactions:
To ensure the security of payments, the site www.jackgomme.com uses the secure payment service Sogenactif. The confidential data (the 16-digit credit card number, the expiry date and the cryptogram) are directly transmitted encrypted to the bank's server without passing through the physical media of the B&M server
.
When the order is validated, the payment request is routed in real time to the Sogenactif secure telepayment manager. The latter sends an authorization request to the bank card network. The telepayment manager issues an electronic certificate.
Article 7. Delivery :
The products are sent with the delivery note, to the delivery address indicated by the customer when ordering.
B&M reserves the right to refuse to deliver orders from private individuals to collective addresses such as offices, care facilities, or residential facilities. In case of delivery to a collective address, the customer acknowledges that the obligation of www.jackgomme.com for the delivery of the order stops at the effective delivery to the collective address indicated in the order form, even if the shipment is not received by the final recipient but by a third party.
All validated orders are shipped within 7 working days. Please note that all orders validated on Fridays can be shipped from the following Tuesday. The delivery times indicated are indicative times from the day following the validation of the order by the customer. They correspond to the processing and delivery times of the products. Under no circumstances can they be enforced, but in the event of an unusual delay, an e-mail will be sent to you. B&M declines all responsibility in the event of excessive delays in delivery due to the postal services or means of transport, as well as in the event of loss of the products ordered or strike. The risks of transport are borne by the customer, who must lodge a justified protest with the postal services or the carrier within three working days of delivery.
This being the case, despite all the care taken by B&M in the preparation of the parcels, it is possible that a product is missing. Similarly, after the package has been transported, one of the products may be defective.
This is why, upon receipt of the order, the customer must check the conformity of the products received. Any anomaly concerning the delivery (missing product or damaged parcel) must be notified to B&M's customer service department on the day of receipt or at the latest on the first working day following receipt, by registered mail to the following address
B&M - Jack Gomme
6, rue Montmartre
75001 Paris
Any claim made after this period will be rejected and B&M will be released from any liability
.
B&M reserves the right to ask the customer to return the defective product.
If the above-mentioned conditions are met, B&M will then issue a credit note, reimburse the defective product(s), or reship the missing product (subject to the validity of the buyer's request).
The products offered for sale on the site www.jackgomme.com can only be acquired in France and in Europe. B&M reserves the right to modify the list of these countries at any time.
Article 8. Availability:
The products offered by B&M are valid as long as they are visible on the site within the limits of available stocks. The indications on the availability of the products are provided to you at the time of the placing of the order. In the event that a product is not available after the order has been placed, B&M undertakes to inform the customer by e-mail as soon as possible after receiving the information. Your order will be automatically cancelled and the customer will be reimbursed immediately if his account has been debited. The refund will be made directly to the customer's bank account within thirty days of payment of the sums paid by the customer.
Article 9. Right of withdrawal :
All products sold benefit from the "satisfied or refunded" clause. In accordance with the law, the customer has a right of withdrawal of 7 days to return the products without having to justify the reason, in accordance with the provisions of articles L 121 and following of the code of consumption. This period runs from the date of receipt of the goods. This right is exercised by returning the product, only the return postage costs remain payable by the customer. Items sold in sales, promotions and private sales can only be the subject of a credit.
If the customer exercises his right of withdrawal, B&M undertakes to reimburse him the sums paid within a maximum of 30 days according to the method of payment chosen.
In accordance with B&M's general terms and conditions of sale, only items returned in their original packaging (shoe box, plastic pouches, etc.) will be accepted. Consequently, returns of worn bags or used shoes, as well as damaged boxes will be refused. It is the customer's responsibility to keep all proof of return, which implies that the items are returned by registered mail or by any other means giving a certain date to this sending. You are responsible for the cost of the return, and you are free to choose the type of shipment. In the event of a delivery error, B&M will pay for your return shipping costs up to the amount mentioned on the proof of delivery that you send us by fax or e-mail. The right of withdrawal is exercised under the same conditions from the time of ordering and before delivery.
Article 10. Guarantees :
All products can be the subject of a credit note or a refund except for those bearing a contrary mention. Except in the case of the exercise of the right of withdrawal by the buyer within 7 days from the delivery of the order or in the case of a delivery error by B&M, the items purchased on sale can only benefit from a credit.
In accordance with B&M's general terms and conditions of sale, only items returned in their original packaging (shoe box, plastic pouches, etc.) will be accepted. Consequently, returns of worn bags and damaged boxes will be refused.
- Credit notes
Credit notes are valid for 12 months on the site. Your credit note is mentioned in your customer account. It will automatically be offered as a payment method for your next order. If the amount of your next order is less than the amount of your credit, we will integrate the balance in your account right after the order.
- Refunds
Refunds can also be requested within 7 days of delivery of the order, except for items on sale or with a promotional code or offer for which the right of withdrawal is 7 days
.
B&M undertakes to reimburse within a maximum of 30 days after receipt of the returned package. Only the delivery costs actually paid by the customer are refundable.
It is the customer's responsibility to keep all proof of return, which implies that the items must be returned by registered mail or by any other means giving a certain date to this sending. You are responsible for the cost of the return shipment, and you are free to choose the type of shipment. In the event of a delivery error, B&M will pay for your return shipping costs up to the amount mentioned on the proof of delivery that you send us by fax or e-mail.
In all cases, any request for a credit note or refund must be made via the Request a Return section of My Account. All items are subject to the legal guarantees in force on the day of the sale, in particular those of articles 1641 and following of the Civil Code. However, any guarantee will only apply provided that the damage is not caused by the customer due to negligence, deterioration or inappropriate use of the product.
Article 11. Intellectual Property :
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents.
They are the exclusive property of B&M. Users who have a personal website and who wish to place, for personal use, a simple link on their site referring directly to the homepage of the Site, must request permission from B&M. However, any hypertext link referring to the Site and using the framing or in-line linking technique is formally prohibited. In any case, any link, even tacitly authorized, must be removed upon request from B&M.
Hypertext links may lead to sites other than the site. B&M declines all responsibility in the event that the content of these sites contravenes the laws and regulations in force.
Article 12. Liability:
B&M has, for all stages of access to the site, from the ordering process to the shipment of the package or subsequent services, only an obligation of means. B&M shall not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a breakdown in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with the law and case law.
Article 13. Data processing and freedoms :
13.1 - Personal information :
For the proper conduct of the order, the personal data collected will be subject to computer processing, the consumer acknowledges having knowledge.
As such, the information concerning him may be communicated to the commercial partners of the company B&M. The consumer may oppose this communication by writing to the following address
B&M
46, rue de la Villette
75019 Paris
In
accordance with the law of January 6, 1978, the consumer also has a right of access and rectification with regard to any information concerning him/her appearing in the files of the company B&M.
This computer processing has been declared to the CNIL
.
13.2 - Protection of personal data:
Data collected:
The personal data collected on this site are the following:
- account opening: when the user's account is created, his name, first name, e-mail address, telephone number, postal address;
- connection: when the user connects to the website, the latter records, in particular, his surname, first name, connection data, usage data, location data and payment data;
- profile: when using the services provided on the website, a profile is created, which may include an address and telephone number
- payment: in the context of payment for products and services offered on the website, the website records financial data relating to the user's bank account or credit card;
- communication: when the website is used to communicate with other members, data concerning the user's communications are temporarily stored;
- cookies: cookies are used in the context of the use of the site. The user has the possibility to deactivate the cookies from the settings of his browser.Use of personal data:The personal data collected from users is used to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- Access and use of the website by the user;
- Management of the operation and optimization of the website
- Personal data may be shared with third party companies in the following cases:
- Management of the operation and optimization of the website;
- Organization of the conditions of use of the payment services;
- Verification identification and authentication of the data transmitted by the user;
- Offering the user the possibility to communicate with other users of the website;
- Implementation of user assistance;
- Personalization of services by displaying advertisements according to the user's browsing history and preferences;
- Prevention and detection of malicious software and management of security incidents;
- Management of possible disputes with users;
- Sending commercial and advertising information according to the user's preferences;
Sharing personal data with third parties:
Personal data may be shared with third-party companies in the following cases:
- When the user uses the payment services for the implementation of its services, the website is in relation with third party banking and financial companies with which it has contracted;
- When the user publishes publicly accessible information in the free comment areas of the website;
- When the user allows the website of a third party to access his/her data;
- When the website uses service providers to provide user support, advertising and payment services. These service providers have limited access to the user's data in the course of providing these services and are contractually obliged to use it in accordance with the provisions of the applicable data protection regulations;
- If required by law, the website may transmit data to follow up on claims made against the website and to comply with administrative and judicial procedures;
- If the website is involved in a merger, acquisition, sale of assets or receivership, it may be required to sell or share all or part of its assets, including personal data. In this case, users will be informed before personal data is transferred to a third party.
Security and privacy
The website implements organizational, technical, software and physical measures for digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the Internet.
Implementation of users' rights
In accordance with the regulations applicable to personal data, users have the following rights which they may exercise by making their request to the following address:contact@jackgomme.com
- The right of access: they can exercise their right of access to know the personal data concerning them. In this case, before implementing this right, the website may request proof of the user's identity in order to verify its accuracy;
- The right of rectification: if the personal data held by the website are inaccurate, they can request the update of the information;
- The right to deletion of data: users may request the deletion of their personal data, in accordance with applicable data protection laws;
- The right to limitation of processing: users may request the website to limit the processing of personal data in accordance with the assumptions set out in the GDPR ;
- The right to object to the processing of data: users may object to their data being processed, in accordance with the assumptions provided for by the RGPD.
- The right to portability: they can request that the website hands over the personal data provided to them to be transferred to a new website.
Evolution of this clause
The website reserves the right to make any changes to this privacy policy at any time. If a change is made to this privacy policy, the website undertakes to publish the new version on its website. The website will also inform users of the change by e-mail, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the possibility to delete his account.
Article 14. Signature and proof :
For any payment by credit card on the site www.jackgomme.com, the electronic certificate issued by the telepayment manager will be worth proof of the amount and date of the transaction, in accordance with the provisions of Articles 1316 et seq. of the French Civil Code, as well as the electronic archiving means set up by B&M.
In this respect, the dates and times of the server will be deemed authentic between the parties. In any case, the validation of the order, whether the payment is made by credit card directly on the site, is worth signing and express acceptance of all operations carried out on the site.
On the other hand, the due date of the sums owed is the one referred to in article 4.2 according to the type and method of payment.
Article 15. Offers and promotional codes:
Promotional codes or "Refer a Friend" offers generated by B&M do not apply to shipping costs, unless the promotional code specifically relates to shipping costs. These are offers that can be used outside of promotions and special offers (unless specified). Promotional codes cannot be combined with other promotional codes or offers (unless specified).
Article 16. Partial disability:
In the event that one of the clauses of this contract would be null and void by a change in legislation, regulation or by a court decision, this would in no way affect the validity and compliance with these general conditions of sale.
Article 17. Completeness of the contract :
These general conditions of sale and the order summary sent to the customer form a contractual whole and constitute the entirety of the contractual relationship between the parties.
Article 18. Modification of the general terms and conditions of sale:
B&M reserves the right to modify the General Terms of Sale. Any new version of the Terms and Conditions of Sale will be announced in advance on the first page of the My Account section. Members who do not wish their contractual relations to be governed by the new version of the General Terms and Conditions of Sale must notify B&M and, as of the date on which the new version takes effect, they must cease to use B&M's services. In the event that any of the terms of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the other provisions shall remain in force.
Article 19. Force Majeure:
The execution, by the company, of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure that would impede or delay the execution. Are considered as such the different cases recognized by the French jurisprudence. In such a case of force majeure, B&M shall inform its customers within seven days by e-mail.
Article 20. Applicable law and jurisdiction:
This contract is subject to French law. The language of this contract is French. In case of dispute with professionals and/or traders, the courts of Paris will be competent. In the event of a dispute with a customer, the French courts will have exclusive jurisdiction.