'Customer(s)' refers to Internet user(s) who browse the Site and make an online purchase of Product(s) for personal use. 'General Terms of Sale' refers to the present general terms of sale pertaining to products on the Site. 'J.M. Weston' refers to J.M. Weston S.A., whose head office is located at 65 Rue Nicolas Appert, 87000 Limoges - France, owner of the brand J.M. Weston and which markets J.M. Weston products sold on the Site. 'Products' refers to the products marketed for sale on the Site under the terms of Article 3 hereinunder. 'Site' refers to the electronic commerce website accessible via the Internet network at the address www.jmweston.com which sells Products from the J.M. Weston brand.
2. PURPOSE - SCOPE OF THE GENERAL TERMS OF SALE
The purpose of the present general terms of sale is to define the terms and conditions of the online sale of Products on the Site to Customers, as well as the rights and obligations of the Parties arising from the online sale of the Products marketed on the Site. They determine all the steps required to place an order and ensure the execution of this order between the Parties. By placing an order for a Product on the Site, the Customer acknowledges having read and agreed without reservation to the General Terms of Sale; said acceptance is not in any way contingent upon a handwritten signature by the Customer. The viewing of the Site by the Customer is also governed by conditions of Site use which they accept without reservation and which can be accessed at the address www.jmweston.com. It is stipulated that the Customer may save or print these General Terms of Sale, provided they do not edit them. J.M. Weston reserves the right to update the General Terms of Sale at any time. The General Terms of Sale apply to all online sales made on the Site to the exclusion of all other documents, including the terms which apply to sales in stores or via other distribution and marketing channels.
3.1 – Description of Products - The Products available for sale are those which appear on the Site on the day the Site is viewed by the Customer and within the limit of available stock. The utmost care is exercised in presenting the Products on the Site to satisfy the requirements of Article L.111-1 of the Consumer Code. Nevertheless, the photographs which illustrate the Products are merely indicative and are not binding. Indeed, while every effort is made to ensure that the colour of the Products whose photos are displayed on the Site are faithful to the original products, some variations may occur, in particular due to the technical limitations of colour renderings on computer devices. As a result, J.M. Weston cannot be held liable for errors or inaccuracies in the photographs or graphic depictions of the Products featured on the Site.
3.2 – Availability of Products - Products are offered within the limit of available stock. There is no guarantee as to the availability of the Products featured on the Site. If one of the Products is unavailable, the Customer shall be notified as soon as possible by email that their order will be delivered in part or cancelled.
The prices of the Products are binding. They are given in Euro. The price in effect is the one given on the Site, except in the case of a typographical error. These prices include the VAT applicable on the day of the order but do not include packaging and delivery fees which shall be charged in addition and shall be disclosed to the Customer when they approve their order. The delivery fee is a fixed, flat rate. The price invoiced to the Customer is the price stated on the order sent via email by the Site.
J.M. Weston reserves the right, which the Customer accepts, to change its prices at any time, with no formality beyond making the changes on the Site. These changes shall not, however, affect orders accepted by the Site before the entry into force of these changes, subject to the availability of the Products ordered.
5. RETENTION OF TITLE
Ownership of the Products is not transferred to the Customer until after full payment of the price by the latter. However, on the effective date of delivery, risks (including the risk of loss, theft or damage) pertaining to the delivered Products are assumed by the Customer.
6. ORDER METHOD
6.1 – Navigation within the Site - The Customer may become familiar with the different Products marketed on the Site. The Customer may freely browse the different pages of the Site, without being committed to placing an order.
6.2 – Placement of order - It is stipulated that the Products are intended for the personal use of the Customer with no direct relationship to their professional activities. As such, the Customer is asked to take special note of the fact that they cannot order more than two (2) of the same Product or in excess of 2,500 Euro; 2,500 GBP; 2500 CHF. If an order is placed in excess of the aforementioned amount and/or number, the order shall be considered to be null and void. If the Customer wants to place an order, they will choose the Products in which they are interested and shall express this interest by clicking on the 'Add to cart' button.
6.3 – Areas eligible for order delivery - The Customer has the option of having the articles delivered to a natural person of his choice whose permanent residence is located in mainland France, Monaco, Belgium, Germany, Austria, Spain, Greece, Ireland, Italy, Luxembourg, the Netherlands, and Portugal. The Customer may only place orders from United Kingdom for delivery to United Kingdom and from Switzerland for delivery to Switzerland. Any order indicating another delivery location shall be declined.
6.4 – Final approval of order - The Customer must tick the box next to the message 'By ticking the following box, I acknowledge I have read and agreed to the General Terms of Sale' to definitively validate the order before they will be able to choose the payment method offered on the same page.
6.5 – Confirmation of an order - The order shall not be considered definitive until after the Site sends the Customer a confirmation of order acceptance via email.
Except when the server is unavailable, the Customer may pay for their order after it has been definitively validated on the Site by bank card (Carte Bleue, Visa, MasterCard and AMEX only). The Customer shall enter their card number, its expiration date, the name of the card holder and the security code (the last three numbers on the back of the bank card). Payment by cheque is not accepted. J.M. Weston reserves the right to refuse any order or delivery if it exceeds the caps set forth in Article 6.2 hereof, if there is an outstanding claim involving the Customer, if the Customer previously failed to pay for all or part of an order or if payment by bank card is declined by banking institutions. The Customer warrants that it has any necessary permissions to use the payment method chosen at the time the order was validated.
If the bank declines the transaction, the order shall be automatically cancelled and the Customer notified via email message. The Customer is encouraged to print the order summary. Data pertaining to orders shall be recorded and stored in the computer systems of J.M. Weston and its partner bank. The information logs of these companies shall be considered proof of all the transactions entered into by the Parties on the Site. The order data are archived on a reliable, durable platform than can be produced as evidence.
The Products are delivered via Chronopost or UPS. For all orders confirmed before 10:00 a.m. from Monday to Friday (excluding holidays), the Products ordered shall be shipped the same day within the limit of available stock. The maximum turnaround time is 4 working days. If the delivery service provider exceeds these turnaround times, the Customer shall not under any circumstances be entitled to compensation.
Deliveries shall always be declined if the delivery address entered on the Site corresponds to:
- a hotel or other commercial lodging establishment - poste restante
- a post office box
- a non-permanent residence (such as, but not limited to, mobile homes, recreational vehicles, camping cars and other non-permanent residences) or a group lodging establishment where no individual address can be assigned in a clear and lasting way to a legal or physical person.
The Customer must check the condition of the products upon delivery. Any anomaly pertaining to the delivery (damaged parcel, missing items compared to the Site invoice, delay in delivery, etc.) must be described in writing on the delivery slip presented by the carrier. The Customer must also report it by email to email@example.com to improve the quality of service provided to them and to initiate an investigation with the carrier. If the Customer reports a missing product, an investigation with the carrier may take up to 21 days. If, during this period, the product is found, it shall be immediately rerouted to the place of delivery indicated on the order form. However, if the ordered product is not found at the end of the 21-day investigation period, the Site shall, at its own expense, proceed with a new shipment of the missing products initially ordered by the Customer. After a period of 7 days following the scheduled delivery date and if these formalities have not been honoured, the Products shall be deemed to be compliant and free from any apparent defect and no claim shall be accepted by the Site. Any parcel returned to the shipper results in the cancellation and refund of the order.
9. RETURNS AND EXCHANGES
You can return products from mainland France free of charge via Chronopost, from Belgium, United Kingdom and Switzerland via UPS under the terms of our Return Policy within 28 days of receipt of your order. This right is in addition to and different from the right of retraction and cancellation within 14 days that is granted to you by French law. Under the terms of our Return Policy, the products must be in their original condition, bear their original labels and be accompanied by the original packaging and delivery slip. All returned products are inspected. Any returned product that is incomplete, damaged, worn or soiled shall not be accepted and shall be returned to you. Under no circumstances may refunds be requested and/or performed in-store. You may exchange your items in J.M. Weston shops upon presentation of your invoice. Except in the cases stated hereinabove, no Product exchanges are allowed. We shall cover the costs of product returns in accordance with the terms of our return policies. Please contact our Customer Service for details and to obtain a prepaid return label.
10. RIGHT OF RETRACTION
Pursuant to the provisions of Article L.121-20 of the Consumer Code, the Customer has a period of fourteen (14) days to return the Product(s) they ordered if it (they) do(es) not satisfy them and to cancel their order. This period begins on the day the order is delivered. However, pursuant to the provisions of Article L.121-20-2 of the Consumer Code, this right of retraction does not apply to Product(s) made to the Customer's specifications or distinctly personalised. The Product(s) must be returned in its(their) original packaging and packing materials, unopened, in accordance with the procedure described at the following address http://www.jmweston.fr/retour If the above conditions are met, the Site shall refund to the Client all amounts they disbursed in ordering the returned Products within thirty (30) days following the date on which the Customer's right of retraction was exercised pursuant to Article L.121-20-1 of the Consumer Code. This refund will be made by the means of payment used for the purchase.
11. LIMITATIONS OF LIABILITY
J.M. Weston is only bound to an obligation of means. The Customer is the sole judge of whether the items they order are appropriate and suited to their needs.
J.M. Weston cannot be held liable for any use of the Products in a way for which they were not intended.
J.M. Weston cannot be held liable for (i) the loss of, tampering with or fraudulent access to the Customer's personal data or (ii) for the accidental transmission of viruses or other harmful elements resulting from access to the Internet or communications via electronic mail.
J.M. Weston does not guarantee that the Site is available on an ongoing basis without interruption, suspension or errors.
Without limiting the scope of the other provisions of the General Terms of Sale, J.M. Weston can only be held liable in the case of a proven error that can be attributed to it exclusively. Under all circumstances, liability shall be limited to direct damage only.
J.M. Weston reserves the right to suspend operation of the Site.
12. PERSONAL INFORMATION
The personal information collected for distance selling transactions must be provided because this information is required to process and deliver the orders and to prepare invoices. This information is strictly confidential. Any failure to provide this information results in the automatic rejection of the order. Pursuant to Act 78-17 of 6 January 1978 on Information Technology and Civil Liberties, the processing of personal data collected on the Site has been reported to the National Commission for Information Technology and Civil Liberties (CNIL), recorded under filing number (in progress). The Customer has the right to access, edit, correct and delete their personal data. To exercise this right, the Customer must send an email to firstname.lastname@example.org. The customer may receive from the Site email communications about the Products and business of J.M. Weston. The Customer retains the right to subsequently refuse such communication, either by not giving their consent when they create their customer account and at any time in the account management pages or by clicking on the unsubscribe link contained in an informational email or by sending an email to email@example.com .
13. FORCE MAJEURE
J.M. Weston shall not be held liable for the complete or partial non-execution of its obligations if said non-execution is due to an unforeseeable event or the occurrence of an event which constitutes force majeure such as, but not limited to, flooding, fire, storm, lack of raw materials, transportation strike, complete or partial strike or lock-out. These events amount to cause for suspending and/or extinguishing the obligations of J.M. Weston toward the Customer with no compensation to the Customer.
14. INTELLECTUAL PROPERTY
The intellectual property rights associated with the Products sold on the Site are and remain the exclusive property of J.M. Weston, to whom all rights are exclusively reserved. Under these conditions, no one is allowed to reproduce, capitalize on, disseminate or use in any way, even partially, these intellectual property rights without the prior written consent of J.M. Weston. The brands and logos of J.M. Weston are registered trademarks. Any reproduction is, therefore, infringement.
15. FREE PRODUCTS AND SERVICES
Samples: no samples are currently provided on the Site.
The Site may deposit a 'cookie' (alphanumeric identifier) on the hard disk of the Internet user's computer for the sole purpose of being able to recognise them on their future visits to the Site. Internet users are reminded that they may object to 'cookies' being deposited on their hard drive by adjusting the settings of their Internet browsing software accordingly. To this end, it is recommended that they refer to the user instructions ('help' section on the browser toolbar) of their Internet browsing software or to seek any useful information from the publisher of said software.
17. ENTIRE AGREEMENT CLAUSE
18. APPLICABLE LAW - DISPUTES
The present General Terms of Sale and the contractual relations between the Parties are governed by French law. Any challenge arising from the application or interpretation of the General Terms of Sale fall under the exclusive jurisdiction of the courts of Paris.