Thursday, July 1st, 2010
PRELIMINARY display
The following "general conditions of sale " are concluded on one hand enter :
The JACQUES FATH company, Simplified stock company with a capital of 37.000 euro, registered in the RCS of Paris under it n°392 513 420, the head office of which is situated in 2 rue de Bassano 75016 Paris - France. (Below mentioned as the "Company”.
And on the other hand :
Every persons whishing to proceed to a purchase via the retail website of www.jacquesfath.com. (Below mentioned the "Website") in exclusively personal purposes, (below indicated the "Buyer").
The Company has for main activity, the creation, the manufacturing and the marketing of up-market bags and fashion accessories that it broadcasts under the brand JACQUES FATH worldwide
The access of the Website is supplied by:
TRACKBUSTER FRANCE
6 rue de Lancry
75010 Paris
Article 1 - OBJECT
The following conditions aim at defining the contractual relations between JACQUES FATH and the Buyer, and the terms applicable to any purchase made by means of the Site.
The Buyer declares to have acquainted with it and to accept rights and duties relative to it.
JACQUES FATH proposes his Products and practises his own activity of e-commerce exclusively towards the Buyer, the final consumer, that is every person who buys for non-commercial purposes, is foreign to any professional activity.
This Website is reserved for the independent deprived transactions and does not address to the physical or moral persons who would intend to use it for commercial purposes
Considering the commercial policy described above, JACQUES FATH reserves the right not to follow up the orders resulting from every person who would not be a final consumer or at orders not in accordance with its commercial policy such as defined in the present.
The acquisition of the property through the website involves an unconditional acceptance by the Buyer of the present terms of sale
These terms of sale will prevail over quite other general or particular conditions not expressly please by JACQUES FATH.
The general sales condition can be modified at any time in particular considering possible normative changes. In that case, the applicable conditions will be the ones current in the date of the order by the Buyer.
ARTICLE 2 - CHARACTERISTICS OF PRODUCTS
All our Products are guaranteed authentic, and inspected with the biggest care by our quality control to answer the requirements and the criteria of our home-made knowledge
The characteristics of Products are indicated on pages "Products" of the website.
These Products are offered while stocks last.
The mention "EXHAUSTS" indicate that the Product is not available any more in stock and that he cannot be ordered.
The photos of the catalog are the most faithful possible but cannot insure a resemblance completed with the sold Product, in particular as regards colours, textures and forms.
JACQUES FATH brings the biggest care to the fact that the colours of Products are also close as possible of the reality. However, the posted colours depend above all on the computer hardware of the Buyer.
Accordingly, JACQUES FATH would not know how to guarantee the precision of the colour of the Product in the delivery.
JACQUES FATH makes sure that the description and the prices of Products shown on the website are exact at the time of the sale. However, the order could not be accepted if significant errors had arisen on the Site, in the description of the goods ordered by the Buyer or on their prices.
ARTICLE 3 – PRICE
The prices of Products are indicated in euro inclusive of all taxes except contribution to costs of treatment and shipping. These prices are communicated in euro. All the orders whatever is their origin are payable in euro. The inclusive VAT is the French VAT. its current rate is 19.6 %. If the rate came to be modified in the increase or in the decline, this change of rate could be echoed at once on our prices.
All the orders must be paid in euro.
JACQUES FATH reserves the right to modify the prices at any time but Products will be charged on the basis of the current price rates at the time of the recording of the orders, subject to their availability.
ARTICLE 4 – ORDERS
1. Recording of the order
If the Buyer wishes to order, he just has to click the compartment " to Add to your basket ".
Every new addition in its basket will be indicated to him by the appearance of a specific screen.
At any time, the Buyer will can:
- Obtain a summary of the Products that he selected or to modify his order, by clicking the icon " My basket ";
- Pursue its selection of Products by clicking " to Continue your purchases ";
- End its selection of Products and order them by clicking " to Place your order ".
To order the Products which it chose, the Buyer will click the icon " My basket ". A summary of its order will appear then to the screen. If the list which is presented to him corresponds well to the Products which he chose, the Buyer will validate the summary by clicking on: " place your order ". The Buyer will then have to become identified by filling with exactness the provided him with form, on which he will in particular make represent the information necessary for his identification in particular it’s name, first name, mailing address, as well as those of the beneficiary of the Product if it is not him.
The Buyer is informed and accepts that the seizure of any identifier is worth proof of its identity and demonstrates its consent.
Once identified, an order form will appear to the screen, recapitulating: nature, quantity and prices of Products held by the Buyer, as well as the total amount of the order, the address and phone number of the Buyer, (the) address of delivery of Products.
2. Validation of the order.
Having acquainted with the state of its order, and when all the wanted information will have been completed by the Buyer, this last one will click the compartment of acceptance of the general conditions of sale to pay its order. it will choose the means of payment which he wishes to use to settle his order, being heard that the Buyer will have to arrange means of payment such as define in the article 6 below.
As soon as it confirms the payment, the Buyer returns on the Site. its order is recorded and becomes irrevocable.
According to the law of March 13th, 2000 on the electronic signature, the confirmation of its order by "double-click" is worth definitive acceptance.
3. Confirmation of the order
When it will have validated its payment, a summary of the order of the Buyer will display and will mention in particular number of the transaction. This summary will be also sent to him by e-mail, in the e-mail address indicated by him at the time of its identification. This confirmation will resume all the constituent elements of the contract intervened between the Parts.
All the supplied data and recorded confirmation will be worth proof of the transaction. The confirmation will be worth signature and acceptance of the made operations.
If an error occurs, the Buyer is invited to print and to keep a copy of this confirmation.
JACQUES FATH reserves the right to accept or to reject any order.
ARTICLE 5 - FILING – PROOF
JACQUES FATH will archive order forms and invoices on a reliable and sustainable support constituting a faithful copy according to provisions of the article 1348 of the Civil code.
Registers computerized by JACQUES FATH will be considered by the parts as proof of the communications, the orders, payments and transactions intervened between the parts.
ARTICLE 6 – PAYMENT
The price is due with order and JACQUES FATH keeps the property of Products up to complete payment of the agreed price, in case of liquidation, of legal settlement or of transfer of responsibility.
Any payment can be realized on-line by bank card, CB, Visa or Mastercard or by Paypal. The payment is coded and secured by Sogenactif (subsidiary of the Société Générale)
The bank account of the Buyer will be debit after the data of invoicing and the address of the Buyer have been verified and after confirmation of the banking payment center.
ARTICLE 7 - REASSURANCE
JACQUES FATH doesn’t keep any financial information on its server or in its premises and appeals in the service of secured payment Sogenactif (subsidiary of the Société Générale), which codes all the supplied information. Every transaction is secured in 100 %.
ARTICLE 8 - DELIVERY
According to the provisions of the article L.121-20-3 of the Code of the consumption, the delivery of ordered articles will intervene or, at the latest in the next 30 days a date of the order.
JACQUES FATH strives to deliver the order as soon as possible to the mailing address indicated by the Buyer. However, JACQUES FATH don’t guarantee an exact delivery date, this one will depend on the availability of the Product in stock.
All the Products are subjected to availability. JACQUES FATH will inform as soon as possible if Products ordered by JACQUES FATH are available
In case the ordered goods were not available, a complete repayment will be made.
The delivery will be made from Monday to Saturday at the address indicated by the Buyer. In case of absence a calling card will be put down in your post office box. The parcel will then be given to the Buyer in the post office on which it depends.
It is up to the Buyer, during the reception of the parcel to verify at once this one and to formulate the reserves with the carrier by registered letter with recorded delivery in 3 days following the reception of the parcel.
None order will be sent to one limp mail.
No compensations will be made for the delays in delivery.
The risks are chargeable to the Buyer as from the moment when Products left Jacques FATH's premises. In case of damage during the transport, the motivated protest must be formulated with the carrier or with the Post office within three days as from the delivery.
The expenses of delivery and the expenses of treatment are automatically calculated from the finalization of the basket of purchase and appear in the total to pay. Customs charges and other current expenses in the country of arrived are chargeable to the Buyer.
These expenses are subjected to variation according to the size and the weight of the parcel.
ARTICLE 9-STRAIGHT AHEAD OF RETRACTION AND POLICY OF RETURN
The Buyer natural person not professional has a deadline of shrinkage of seven days as from the delivery of his order to return the product to the salesman, without having to pay of penalty with the exception of the expenses of return if necessary, in application of the article L 121-20 of the code of the consumption.
Articles must not have been used and must have returned to their original packing and in perfect state. Damaged, incomplete, damaged articles or having apparently made the object of a custom will not be taken back and will have returned as is, chargeable to the Buyer.
JACQUES FATH reserves the right to refuse every exchange after checking the state of returned articles.
Above all return of Product, the Buyer has to obtain an authorization of return goods ( ARM), obtained by a request sent by email to JACQUES FATH (Cf. contact).
The Buyer indicates in his email the reason for the return.
For any return of article, we recommend strongly the use of a service reliable and followed mail. JACQUES FATH declines any responsibility as for parcel misled by postal services, which will be the object of no repayment. Any returned goods stay under the responsibility of the sender until reception in Jacques FATH's premises.
All the returns must be sent to the address this below: Jacques Fath - 2 rue de Bassano - 75116 PARIS.
The consumer has the choice to ask either for the repayment of the amount paid except transport costs, or the exchange of the product. The consumer is paid off by re-credit of her bank account (secure transaction) in case of credit card payment immediately and at the latest in thirty days. In the case of an exchange, the re-shipping will be made at the expense of the consumer.
The exchanges are subjected to the availability of Products.
The Product can be exchanged only after its return, its quality control.
If the Product turns out defective, or if an error of delivery falls to the company JACQUES FATH, this last one makes a commitment with regard to your order, the JACQUES FATH company will take care of the expenses of return on the basis of a price list colissimo "Poste". In that case, one or several articles must have returned for a maximum deadline of 15 days.
The damaged, made dirty or incomplete returned Products will not be paid off.
Articles bought on the web site will can on no account, to have returned or to exchanged in shops or at our distributors but only through the web site.
In case of discovery of a defective Product or having undergone a degradation during the transport,
A request must be sent to the customer service for a maximum deadline of 48 hours after the delivery, making represent the number of order which appears on the delivery slip, the e-mail address and the phone number of the Buyer.
JACQUES FATH will do everything he can to replace the article as soon as possible. If the box is delivered damaged or disembowelled, the Buyer is invited to refuse the delivery and to contact our customer service at once by email.
ARTICLE 10 - GUARANTEED
10.1 Deadline of guarantee
JACQUES FATH makes a commitment to take care completely of the repair of Products presenting manufacturing defects, within one year after the delivery.
10.2 Exclusion from guarantee
In case of degradation connected to the wear or crossed the deadline of guarantee of one year, JACQUES FATH will not take care of the expenses of repair. An estimate will be subjected to the Buyer for approval, before any repair.
10.3 Councils of use
JACQUES FATH selects the most beautiful materials in the elaboration of his Products.
To maintain Products as long as possible, JACQUES FATH recommends of:
- Always clean delicately the leather with a soft cloth;
- Never scratch the leather;
- Always let the Product dry naturally;
- Never use directly direct heat;
- Never leave the Product exposed to the sun;
- Never overload the Product. He could deform and deteriorate.
- To use waterproofing special one leather and\or a specific cream; and to verify always beforehand their effect on a part hidden from the Product;
ARTICLE 11 - INTELLECTUAL PROPERTY
This Site in its entirety, as well as all the graphic and textual elements which compose it such as, the software, the codes, the photos, the structures, the graphics, the images, the logos, the illustrations, the icons, the tests, the video clips, audio files, stand out etc., are protected by the laws relative to the copyright and to the intellectual property all over the world, and are except opposite mentions, Jacques FATH' s exclusive property.
In a general way, the brands and the logos appearing on this website, registered or not, are Jacques FATH's exclusive property.
The custom of these brands and the contents published on the Site, in particular their reproduction, distribution, transmission or modification is strictly forbidden
Any simple link or by hypertext is strictly forbidden without an agreement written specially by JACQUES FATH.
ARTICLE 12 - RESPONSIBILITY
JACQUES FATH, in the process of on-line sale, is held only by a best effort undertaking; its responsibility cannot be engaged for a damage resulting from the use of the internet network such as loss of data, intervention, virus, break of the service or the other involuntary problems.
The proposed Products are in accordance with the current French legislation.
It is up to the Buyer to verify beside local authorities you country of delivery the possibilities of import or use of the Products or services which it intends to order.
JACQUES FATH would not know how to be held for responsible of the non-fulfilment you contract concluded in case of break of falter, of unavailability you Produced, in case of force majeure, by disturbance, by flood, by fire or by strike in particular of the postal and average services of deportation or communication.
JACQUES FATH will incur no responsibility for any direct or indirect damage because of the present risks.
ARTICLE 13 - NAME SPECIFIC INFORMATION
According to the law relative to the computing, to the files and to the liberties of January 6th, 1978, the information with name specific character relative to the Buyers can be the object of an automated treatment.
The treatment was automated by informations, including the management of the e-mail addresses of the users of the site was the object of a declaration to the CNIL on June 25th, 2010 registered under the number 1438163.
JACQUES FATH makes a commitment not to reveal in third parties the information communicated by the Buyer which remain confidential.
They can be used by Jacques FATH's internal services only for the treatment of the order and to strengthen and personalize the communication and the cultural offer of the Product reserved for the customers of JACQUES FATH, in particular by the newsletters to which the Buyer is subscribed as well as within the framework of the personalization of the site according to the centres of interests of the Buyer.
According to the IT law and the liberties of January 6th, 1978, the Buyer has a right of access, a rectification, and an opposition to the particulars concerning him. For that purpose, it is enough to make an on-line request ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ) This email address is protected against the robots of the spammers, you have to activate Javascript to see it or by mail, specifying names, first name, address and if possible the customer reference in:
JACQUES FATH
Service Juridique
2 rue de Bassano
75116 Paris
France
At request of the Buyer, JACQUES FATH will delete of his database the personal information concerning it, cancelling of this fact any registration to Jacques FATH's services.
ARTICLE 14 - STRAIGHT AHEAD APPLICABLE / DISPUTE
The present contract is signed in French language and subjected to the French law.
For lack of preliminary amicable settlement between JACQUES FATH and the Buyer, the disputes relating to their contractual relations or to the General Conditions of Sale will be subjected to the exclusive jurisdiction of the French courts.
