GENERAL TERMS AND CONDITIONS OF SALE
The website www.jarod-pi.com is published by the company Jarod-Pi, Simplified Joint Stock Company with a capital of €15 000, with its head office located at 2, rue le Corbusier, 95190 Goussainville France, registered in the Register of Companies of Pontoise under the number 830 322 301, and the intra-community VAT number of which is FR 28 830322301.
The website and all of its elements, including but not limited to, the brand Jarod-Pi (Jarod-π), the logo, the photographs, the editorial texts, which constitute the website are protected under the heading of the international legislation concerning intellectual property. The contents displayed on the website are the property of the company Jarod-Pi. Any use, reproduction, or representation, through any means possible, and regardless of the medium, of all or part of the website and/or its constituent elements, is not allowed without the express consent of Jarod-Pi.
I. APPLICATION OF THE GENERAL CONDITIONS OF SALE
The detailed General Conditions of Sale (the “GCS”) given below are applicable for all orders for products and services placed via the website www.jarod-pi.com (the “Products”) with Jarod-Pi by any physical person (the “Customer”).
The Customer must take note of the GCS prior to placing any order (the “Order”); the said GCS are available on the website.
Jarod-Pi reserves the right to adapt or modify these GCS at any moment. The version of the GCS applicable to any sale is the version as on the effective date of placing the order.
II. INFORMATION CONCERNING THE WEBSITE AND ACCESSIBILITY TO THE WEBSITE
www.jarod-pi.com is an e-commerce website which belongs to and is managed by the company Jarod-Pi SAS.
The website is accessible for all users of the Internet on a 24/ 7 basis, except in case of interruptions, scheduled or otherwise, by Jarod-Pi or its service providers, for the purposes of maintenance and/or security or in case of force majeure (such as defined below). Jarod-Pi shall not be held liable for any damages, regardless of the nature of the same, resulting from the unavailability of the website.
Jarod-Pi does not guarantee that the website will be free of anomalies, errors, or bugs, nor does it guarantee that the website will function without breakdowns or interruptions. In this regard, it may decide upon, freely and completely at its sole discretion, a period of unavailability of the website or of its contents. Jarod-Pi can also not be considered liable for any problems related to transmission of data, connection, or unavailability of the network.
Jarod-Pi reserves the right to make changes to the website, for technical or commercial reasons. When these modifications do not alter the conditions of provision of the services, in a substantial and negative manner, the Customer may be informed about the modifications made, but its acceptance is not required.
III. REGISTERING ON THE WEBSITE – CREATION OF A CUSTOMER ACCOUNT
In order to be able to place an Order, the Customer may first register on the website by creating an account which contains the Customer’s information (the “Account”) if he or she so wishes, but this option is not mandatory to be able to place an order (refer to point IV “place order without registration”)
The registration by the Customer on the website is validated by Jarod-Pi after verification of the standard form filled out by the Customer. The Customer receives a confirmation e-mail for the registration.
When creating the Account, the Customer must ensure that the information he or she provides is accurate and complete. The Customer is obligated to always update his or her personal information. In the event of an error in the addressee’s contact details, Jarod-Pi cannot be held liable for the inability to deliver the Products.
By registering on the website, the Customer declares and guarantees to Jarod-Pi that he or she is an adult and is legally capable of entering into a contract.
Once the Account is created, the customer will have access to the following sections:
• My Orders
• My Addresses
• Account Information
Jarod-Pi may delete the Customer Account at any moment, for any reason, at its sole discretion. The customer can also request the deletion of the account and its data by contacting us at the following address: email@example.com.
IV. PLACING AN ORDER WITHOUT REGISTERING ON THE WEBSITE
If the customer does not wish to create an account, he or she can nevertheless place an order. The Customer must however ensure the accuracy and completeness of the information he or she provides, such as name, delivery address, billing address, a valid email address for sending the order confirmation and any other communication concerning his or her order. In the event of an error in the addressee’s contact details, Jarod-Pi cannot be held liable for the inability to deliver the Products.
The Products offered for sale are those described on the website as on the day the Customer visits the website, within the limits of stock availability. These indications are updated automatically and in real time. However, an error in the update process, regardless of the origin, does not engage the liability of Jarod-Pi. In this regard, Jarod-Pi cannot be held liable for the cancellation of an Order for a Product owing to unavailability of the stocks.
Jarod-Pi takes the utmost care in the presentation and description of its products to provide the best possible information to the Customer. It is however possible that these errors may appear on the website, which the Customer acknowledges and accepts. Jarod-Pi specifies the colour of each product. The colour which you will see will depend on your computer system, and we cannot guarantee that your computer system will be able to display the said colour with complete accuracy.
It is possible that when the Customer places an order, he or she may receive a product that has been previously returned by another person. It is specified that Jarod-Pi only accepts returns for intact and unworn products, and these two products are controlled before the returned Products are restocked.
The acceptance of Orders on the website is subject to the compliance with the procedure implemented by Jarod-Pi on the website which includes successive steps which resulted in the validation of the Order.
Only physical persons who are eighteen years or older and not under guardianship or curatorship will have the ability to place an order.
The Customer may select as many Products as he or she wishes to add to the cart (the “Cart”). The Cart contains all the products chosen by the Customer as well as the associated prices and costs. The Customer may freely modify the Cart before validating the order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their prices, as well as the associated costs.
A confirmation email which summarises the Order (Product(s), prices, availability of the Product(s), quantity, and so on) will be sent to the Customer by Jarod-Pi. To this end, the Customer formally accepts the use of email for the confirmation of his or her order and the contents of the said order by Jarod-Pi.
You will receive the legally required invoice in the shipment confirmation email.
The invoices are available in “My Order” section of the customer account; failing this, they can be obtained simply by sending a request (for orders in which accounts were not created for example): firstname.lastname@example.org
VII. REFUSAL TO PROCESS AN ORDER
Jarod-Pi reserves the right to withdraw, at any moment, any Product displayed on the website and replacing or modifying any content or information appearing on the said website. Despite the best efforts of Jarod-Pi to satisfy the expectations of its customers, it may so happen that Jarod-Pi may have to refuse to process an Order after having sent the Customer a confirmation email which summarises the Order.
Jarod-Pi shall not be held liable as regards the Customer or a third party within the context of damaging consequences of the withdrawal of a Product from the website, or the replacement or the modification of any content or information appearing on this website, or even the refusal to process an Order after the confirmation email summarising the Order is sent.
Jarod-Pi also reserves the right to refuse or cancel an Order placed by a customer with whom it has an ongoing dispute regarding the payment for a previous order.
VIII. PRICES AND TERMS OF PAYMENT
The prices of products are indicated on the website in Euros. Depending on where you live, you can be billed in another currency (US Dollar, British Pound, Canadian Dollar, Australian Dollar and Swiss Franc) by clicking on the currency tab. For the customers residing outside of France, it may be required to pay customs duties and other taxes in their country of residence/delivery. The customs duties (*) and other taxes must be paid by the Customer directly to the transporter.
(*) Jarod-Pi will give you the HS customs classification number corresponding to your product at your request.
All prices displayed are calculated and include the value-added tax (VAT – 20%) applicable in France, for all shipping within a country of the European Union. Selling in a foreign country outside the European Union is considered an export, so no VAT is applied during the sale, the prices are exclusive of taxes. The price is automatically calculated with no VAT a time of order.
Jarod-Pi reserves the right to modify its prices at any time, but the Products will be invoiced based on the tariffs in force at the time of registration and the payment for the Order, subject to availability.
The Products are payable from the time the Order is placed.
The payment for the purchases is made using the main credit cards (Visa, MasterCard, American Express, Visa Electron) or by PayPal.
For France customers only, if you wish to pay by check for example, thank you for contacting us at email@example.com (please note that your order will be shipped once the after collection of the check).
Credit card payments are issued through secure transactions provided by our online payment platform provider. The data relative to means of payment (number of bank card, expiry date, number of authorization, safety code) are directly collected by our platform provider and Paypal. This Site does not have access to any data relating to the Customer’s means of payment.
Credit cards are subject to validity checks and authorization by the issuing agency. If our partner does not receive the required payment authorization, Jarod-Pi cannot be held responsible for the delay or the non-delivery of the products and Jarod-Pi will not be able to place an order with the Customer.
The data recorded and stored by Jarod-Pi constitute proof of the Order and of all the past orders. The data recorded by our payment provider constitutes proof of all financial transactions that take place between the Customer and Jarod-Pi.
Jarod-Pi shall ensure that the greatest diligence is exercised when accepting and processing the orders and shall take all efforts to deliver your order at a residential address, a post office, a site where a package may be easily collected, or another address in compliance with the information provided by the customer. We are able to deliver in the territories and departments outside of mainland France, including Monaco, in return for a contribution in the delivery costs.
We are also able to make deliveries in foreign countries (refer also to the section “delivery and returns”), a participation on the shipping cost to be borne by the purchaser.
The deliveries are ensured through the services of Fedex, DHL, GLS, Mondial Relay (For France only), or Colissimo, from Monday to Saturday.
The delivery extends to the transfer to the Customer of the physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the website when the Order is placed.
When Jarod-Pi is in charge of transportation of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the transporter in case the latter is commissioned by the Customer for the transportation instead of by Jarod-Pi.
For certain countries, you may be required to pay customs duties for import at the time of delivery. Please contact the relevant departments of your place of residence for more information. Jarod-Pi cannot bear this type of fees in any case.
Jarod-Pi shall do its best to ship your orders within a maximum regular period of fifteen (15) working days for a delivery in metropolitan France and of twenty (20) working days for an international Delivery; this period is counted from the first working days after the Order is validated.
Even though we do our best to deliver your product in the said time periods, the delivery may at times take more time owing to unforeseen events. In the probable case where the period of delivery may exceed 30 days, you will be able to cancel your order, except in case of a “pre-order” (order before manufacturing) in which case the time period will be communicated to you via email as soon as possible.
Our policy in terms of shipment and delivery is available in its entirety on the website jarod-pi.com.
If your order does not reach you at the planned date, please contact the Jarod-Pi customer care service through email at the following address: firstname.lastname@example.org
The delivery is made at the delivery address indicated by the Customer, it being specified that the said address must be the Customer’s address of residence, of a physical person of his or her choice, or a legal entity (delivery at one’s company). The Delivery can neither be made in hotels, nor in post boxes.
In the event it is impossible to complete the Delivery, owing to an erroneous delivery address or if the Customer fails to collect his or her Order from the selected collection point, the shipment will not be made again and the Customer will be reimbursed within a period of five (5) days from the date of receipt of the Order by Jarod-Pi, minus the transport expenses.
In order to ensure that these deadlines are respected, the Customer must ensure that he or she has communicated accurate and complete information concerning the delivery address (such as, in particular: street no., building no., staircase no., access codes, names and/or intercom numbers, etc.).
Jarod-Pi cannot be held liable for a delay in delivery not caused owing to it or justified through a case of force majeure (such as defined hereinafter in paragraph XII).
In the event the Delivery period is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days after such a request is made, a reimbursement for the amounts paid for the Order. Notwithstanding the foregoing, Jarod-Pi cannot be held liable for any damaging consequences caused by a delay in transportation, and only the reimbursement of the Product by Jarod-Pi being possible, excluding any other form of compensation for damages.
The Deliveries may also be made at the Drop-off Points by the service provider Mondial Relay (For France only), subject to the acceptance of the package by the selected Drop-off Point.
X. RIGHT OF CANCELLATION – REIMBURSEMENTS AND RETURNS
a. Period and terms of exercising the right of cancellation
In compliance with the Article L.221-18 of the Consumer Code, non-professional Customers have a period of fourteen (14) days from the time of receipt of the Order to exercise their right of cancellation with Jarod-Pi, without having to provide a reason for the decision.
The right of cancellation may be exercised by using and sending the template for cancellation given in Annexe no. 1 of these General Conditions of Sale, through mail, to the following address: Jarod-Pi, 2 rue le Corbusier 95190 Goussainville, France, or through email to email@example.com.
b. Terms of return of the Order within the context of the right of cancellation
The right of cancellation may be exercised without penalty.
The Customer returns the Order with the pre-paid return slip which Jarod-Pi will have sent him or her through email following such a request, without excessive delay and, and at the latest, within fourteen (14) days following the communication of his or her decision to cancel in compliance with the Article L. 221-21 of the Consumer Code.
The Product must be returned in its original packaging (including the box and case), in its original condition, with a label, unworn, and unwashed.
The return of the Products is handled by Jarod-Pi if the Place of delivery is within metropolitan France.
The return of the Products is handled by the Customer and is carried out at his or her risks if the Place of delivery is outside of metropolitan France.
c. Reimbursement of the Products returned within the context of the right of cancellation
The reimbursement of the Order by Jarod-Pi is done at the latest within fourteen (14) days from the date on which Jarod-Pi is informed of the Customer’s decision to cancel.
However, the reimbursement is given if and only if Jarod-Pi actually receives the Products covered in the return and the reimbursement request.
Jarod-Pi shall complete the reimbursement using, insofar as possible, the same method of payment as the one which was used for the payment of the Order, except in case the Customer provides express confirmation since he or she uses a different method of payment and insofar as the reimbursement does not result in additional expenses for the consumer.
If you choose to retain certain articles and only cancel your order partially, the delivery fees will not be reimbursed.
In the event the Customer fails to comply with these GCS, Jarod-Pi cannot provide a reimbursement for the Products concerned.
d. Return and Reimbursement of the Products returned within the context of the right of cancellation
The customer has a period of 15 days to return his or her order.
For any returns, please contact the customer service: firstname.lastname@example.org and accurately state the reason for your return request.
You will be contacted by the customer service as soon as possible. You will receive an email from the customer service, with the procedure to follow.
The return of the Products is handled by Jarod-Pi only if the Place of delivery is within metropolitan France.
The return of the Products is handled by the Customer and is carried out at his or her risks if the Place of delivery is outside of metropolitan France.
The reimbursement of the Order by Jarod-Pi is done at the latest within fourteen (14) days from the date on which Jarod-Pi is receives the Product returned in its original packaging (including the box and case), in its original condition, with label, unworn, and unwashed, deducted from shipping costs.
XII. WARRANTIES – LIMITATION OF LIABILITY
The liability of Jarod-Pi towards any Product purchased on the website is strictly limited to the purchase price of the latter. Jarod-Pi shall not be held liable in any case for the following losses, regardless of their origin:
• loss of income or sales
• operating loss
• loss of profits or contracts
• loss of anticipated savings
• loss of data
• loss of working or management time
• Damage to reputation
• loss of opportunity, and particularly of ordering a Product,
• Moral damage.
The documents, descriptions, and information pertaining to the Products appearing on the website are not covered by any warranty, explicit or implicit, except the warranties provided for by the law.
Jarod-Pi does not provide any warranty covering any damages which may be caused by the transmission of a computer virus, a worm, a time bomb, a Trojan horse, a cancelbot, a logical bomb, or any form of a programming routine designed to damage, destroy, or harm in any other manner the functionality of a computer or impede the correct functioning of the same, including any transmission resulting from a download of any content by the Client, the software used by the Clients to download the content, the site or the server which allows accessing the same. In this regard, the Client acknowledges that it is his or her responsibility to install appropriate anti-virus software and security software on his or her computer equipment and any other device in order to protect them against bugs, viruses, or other programming routines of this type which prove to be harmful.
The Client agrees to assume responsibility for all the risks related to any contents downloaded or obtained in any other manner through the use of the website and agrees that it shall be solely liable for any damages caused to its computer system or any loss of data resulting from the downloading of this content.
Jarod-Pi is only obligated to deliver the Products in compliance with the contractual provisions. The Products are considered as being compliant with the contractual provisions if the following conditions are met:
a. they must be compliant with the description and possesses the characteristics stated on the website;
b. they must be suitable for the purposes for which the products of this type are generally designed;
c. they must meet the quality and resistance criteria which are generally accepted for products of the same type and which may be reasonably expected.
In addition, Jarod-Pi shall protect the consumers against compliance defaults and hidden defects for the Products being sold on the website and in the following conditions:
Visible defects – Warranty – Legality of compliance – Hidden defects
In case of presence of a visible defect on a Product, the customer must file a complaint by sending an email at the following address: email@example.com.
The Customer must comply with the procedure related to the right of cancellation by informing Jarod-Pi beforehand through any means possible about this visible defect, so that the return can be accepted.
Subject to the validation of a non-compliance or a hidden defect by Jarod-Pi, the Customer receives the following guarantees: Jarod-Pi, with its head office located at 2, rue le Corbusier, France, acts in the capacity of guarantor within the meaning of the provisions of Articles L 217-5 et seq. of the Consumer Code and 1641 et seq. of the Civil code.
The legal guarantee of compliance is applicable in addition to the commercial warranty.
Moreover, the Customer may also enforce the legal guarantee in the context of hidden defects in the article sold, within the meaning of Articles 1641 et seq. of the Civil Code. The warranty for hidden defects allows the Customer to be protected against hidden defects in the purchased Product which, by preventing the use or affecting the product to an extent, that the Customer would not have purchased it in the first place.
In order to enforce these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, and unwashed, with the references of the initial Order and copy of the complaint sent to the Jarod-Pi head office, after having sent an email indicating the reason for returning the Product.
In the event of occurrence of a Force Majeure event which prevents the execution of these GCS, Jarod-Pi shall inform the Customer of the same within a period of fifteen (15) days from the date of occurrence of this event, through mail or registered letter with acknowledgement of receipt. The following cases are expressly considered as cases of force majeure or fortuitous events, in addition to those generally accepted by the jurisprudence of the French courts and tribunals: total or partial strikes, lock-outs, riots, boycotting or other actions which are industrial or in nature or commercial disputes, civil disorder, insurrections, war, acts of terrorism, bad weather, epidemics, blockage of the means of transport or supply for any reason whatsoever, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory modifications of the various forms of commercialisation, computer problems, blockage of wireline or wireless telecommunications, and any other case independent of the desire of the parties that prevent the normal execution of the contractual relations. All the obligations of the parties are suspended for the entire duration of the force majeure event, without any compensation. If the force majeure event is extended for more than three (3) months, the transaction in question may be terminated following the request of Jarod-Pi or the Customer, without any compensation being owed by either party. A case of force majeure may not be used to justify the failure to complete payment by the Customer.
XIII. PARTIAL INVALIDITY
If one or more stipulations of these GCS are considered as invalid or declared as such pursuant to a law, a regulation, or following a definitive decision of a competent court of law, the other stipulations shall remain in force to their full extent.
No tolerance, inaction or inactivity by Jarod-Pi can be interpreted as a waiver of its rights within the context of the GCS.
XV. ENTITLEMENT TO RIGHTS
All the intellectual property rights, such as the registered trademarks and copyrights on https://jarod-pi.com, shall remain the property of Jarod-Pi SAS. Any use of the website jarod-pi.com or its content, including photocopies or partial or complete integration of such contents, other than for your personal use and for the purposes of non-commercial use, is prohibited without obtaining prior permission from Jarod-Pi.
XVI. MEDIATION- APPLICABLE LAW – COMPETENT JURISDICTION
The sale of Products is subject to French law.
If you encounter a problem with an article purchased on Jarod-Pi online and if this complaint is not resolved through the Jarod-Pi customer service, you may file a complaint on the online dispute resolution platform of the EU (the “ODR platform”).
The ODR platform offers the European consumers and merchants the possibility of reaching an agreement out of court for any complaint related to online purchases. This unique point of access is presented in the form of a user-friendly and interactive website, available in all official languages of the EU, and is free to use. Using the ODR platform, the consumers and merchants can appeal to a dispute resolution organisation and find a solution for the consumer’s complaint. The ODR platform may be reached here: http://ec.europa.eu/odr.
In the event an amicable resolution is not reached, any dispute pertaining to the interpretation of the GCS, the execution or breach of a sale, the interpretation, the execution, or the termination of the said GCS is subject to French law. The dispute will be presented to the Commercial Court which has jurisdiction in the place where the head office of Jarod-Pi is located.
XVII. INFORMATION CONCERNING JAROD-PI DONATIONS
Jarod-Pi wishes to participate in charitable works for the protection of animals.
Associations which are recognised as public utility associations will be selected by Jarod-Pi for their seriousness, reputation, ethics, and values which they share with Jarod-Pi.
Jarod-Pi undertakes to donate a percentage of its annual profits to one or more associations every year.
The funds thus collected shall consist of the donation of a part of the profits, depending on the case, made by Jarod-Pi through the sale of products.
Consequently, the purchase of these products constitutes neither an appeal to the generosity of the public, nor a donation which receives a deduction on income tax pursuant to Article 200 of the General Tax Code, for the purchaser of the products in question.
For any question regarding our donations: firstname.lastname@example.org.
ANNEXE 1: CANCELLATION FORM TEMPLATE
Click here to download the cancellation form template.