Terms of Sales
Article 1 – Definitions
These General Conditions of Sale (hereinafter the “CGV”) are offered by SAS JYLOR, a company registered with the Toulon RCS under number 919 449 959 whose head office is located at 143 rue d’Ollioules, 83140 Six-Fours les Plages (hereinafter “JYLOR”).
We will hereafter designate:
“Site”: the site https://www.jylor.com and all of its pages.
“Products” or “Services”: all products (materials) and services (services) that can be purchased or subscribed to on the Site.
“Seller”: JYLOR, legal or natural person, offering its Products or Services on the Site.
“Customer”: the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer”, in accordance with the definition of the preliminary article of the Consumer Code: “any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, artisanal or liberal activity” .
The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these General Terms and Conditions carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the General Terms and Conditions and accepts them in full and without reservation.
Article 2 – Application of the T&Cs and purpose of the Site
The Seller reserves the right to modify the T&Cs at any time by publishing a new version of them on the Site. The General Terms and Conditions applicable to the Customer are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the charter of data from this Site.
This Site offers the online sale of a range of cosmetic products and accessories.
The Site is freely accessible to all Customers. The acquisition of a Product or Service presupposes acceptance by the Customer of all of these General Terms and Conditions, who at the same time acknowledges having read them fully. This acceptance may consist for example, for the Customer, of checking the box corresponding to the sentence of acceptance of these General Terms and Conditions, having for example the words “I acknowledge having read and accepted all of the general conditions of the Site”. Checking this box will be deemed to have the same value as a handwritten signature from the Customer.
Acceptance of these General Terms and Conditions presupposes on the part of the Customers that they have the necessary legal capacity for this. If the Client is a minor or does not have this legal capacity, he declares that he has the authorization of a guardian, a curator or his legal representative.
The Customer recognizes the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.
Article 3 – Creation of a customer account
The creation of a “customer account” is an essential prerequisite for any order from the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number*, this list being not exhaustive. As such, the Customer undertakes to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in the event of a change. The Customer is solely responsible for the veracity, accuracy and relevance of the data provided.
The Customer registered on the Site has the possibility of accessing it by connecting using their identifiers (e-mail address defined during registration and password) or possibly by using systems such as third-party connection buttons of social networks. The Customer is entirely responsible for protecting the password he has chosen. It is encouraged to use complex passwords. If the Customer forgets their password, they can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its “my account” section and the Customer therefore undertakes not to transmit it or communicate it to a third party. Failing this, the Seller cannot be held responsible for unauthorized access to a Customer's account.
The customer account allows the Customer to view all orders placed on the Site. If the data contained in the customer account section were to disappear following a technical breakdown or a case of force majeure, the Seller could not be held liable, this information having no probative value but only a informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only of an informative nature intended to ensure effective management of their orders or contributions by the Customer.
Each Customer is free to close their account on the Site. To do this, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of its data will then be possible.
The Seller reserves the exclusive right to delete the account of any Customer who has contravened these General Terms and Conditions (in particular and without this example having any exhaustive nature, when the Customer has knowingly provided incorrect information, during their registration and the creation of their personal space) or any account that has been inactive for at least a year. Said deletion will not be likely to constitute damage to the Customer who will not be able to claim any compensation as a result. This exclusion does not exclude the possibility, for the Seller, of taking legal action against the Customer, when the facts justify it.
* You have the possibility of registering free of charge on a list opposing telephone canvassing by BLOCTEL (www.bloctel.gouv.fr)
Any consumer can register for free on this list on the website https://conso.bloctel.fr/
Article 4 – Method of subscribing to orders and description of the purchasing process
The Products and Services offered are those which appear in the catalog published on the Site. These Products and Services are offered while stocks last. Each Product is accompanied by a description established by the Seller based on the descriptions provided by the supplier.
The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment to the extent that they cannot ensure perfect similarity with the physical Products.
We will define below as “Basket” the intangible object grouping together all the Products or Services selected by the Customer of the Site with a view to purchasing by having clicked on these elements. In order to place their order, the Customer chooses the Product(s) they wish to order by adding them to their “Basket”, the content of which can be modified at any time.
As soon as the Customer considers that he has selected and added to his basket all the Products he wishes to purchase, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose . He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.
If he wishes to validate his order, the Customer must check the box relating to the ratification of these General Terms and Conditions and click on the validation button. The Customer will then be redirected to a page in which he must complete the order form fields. In the latter case, he must provide a certain amount of personal data concerning him, necessary for the smooth completion of the order.
All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until it is validated.
As soon as the Customer has completed the form, he will then be invited to make his payment using the payment methods listed in the section of these General Terms and Conditions relating to payments. After a few moments, the Customer will be sent an order confirmation email, reminding them of the content of the order and its price.
The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.
Article 5 – Prices and payment terms
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable to the day of the order and excluding possible participation in processing and shipping costs.
JYLOR reserves the right to pass on any change in the VAT rate to the price of the Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can pay by Credit Card and Scalapay (payment in 3 monthly installments – in mainland France, Italy and Spain). Payments by credit card are made using secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly into the hands of the bank or payment provider receiving payment from the Customer. In the event of payment by check or bank transfer, the delivery times defined in the “Deliveries” article of these General Terms and Conditions only begin to run from the date of effective receipt of payment by the Seller, the latter being able to provide proof by any means. The availability of Products is indicated on the Site, in the description sheet of each Product.
JYLOR will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy in accordance with the provisions of article 121-16-3 of the Consumer Code. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Deliveries
Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation, orders can be shipped anywhere in the world.
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares itself the importer of the Product and accepts that in such a case the Seller may be in the material impossibility of providing it with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the order process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract. contract with a Consumer Client.
The Customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, Product missing from the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. Failing to comply with these requirements, the Customer will not be able to exercise his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise the right of refusal.
If the Customer's package is returned to the Seller by post or by other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask them what action to take on their order. If the package is returned to the Seller for lack of address or with the mention “unclaimed”, or if the Customer has mistakenly refused the package, he may request its return by paying the postal costs in advance. for the new shipment. Postal costs must be paid even for orders for which shipping costs were free when ordering.
International Returns : The amount of fees will be calculated based on the destination and weight of the package.
In the event of a delivery or exchange error (if the right of withdrawal is applicable, that is to say if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to article L 121-18- of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or a false maneuver by the Customer cannot be attributed to the Seller.
Any delay in delivery compared to the date or deadline indicated to the Consumer Customer when ordering or, in the absence of indication of date or deadline when ordering, greater than thirty (30) days from from the conclusion of the contract may result in the termination of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make delivery he does not is not executed. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was terminated, of the totality of the sums paid. This clause is not intended to apply if the delivery delay is due to a case of force majeure.
Special case of a package whose tracking number indicates that it is “distributed” but not received in the mailbox: if the customer notices and informs the seller that the package is not in their mailbox despite its tracking number indicating that it is “delivered”, customer service may ask them for additional information as well as an official document from La Poste responding to their complaint against the corresponding tracking number. The seller will then do everything possible to guarantee customer satisfaction by offering, in particular, the immediate return of the products at his own expense.
In the event of a complaint for a defective or missing product, the Customer will contact JYLOR brand Customer Service within 48 hours maximum of receipt of the package, with photos of the package received (package reference and visible transport label) as well as its content. JYLOR Customer Service reserves the right to refuse any complaints that do not comply with the instructions above.
Article 7 – Right of withdrawal and withdrawal form
In accordance with article L221-18 et seq. of the Consumer Code, the Buyer may exercise his right of withdrawal without giving reasons from receipt of his order, or from the making available of it. here to the third of his choice.
He will be required to return any Product that does not suit him and request an exchange or refund without penalty, with the exception of return costs, within fourteen days from receipt by Jylor of the refund request.
In accordance with article L221-28 of the Consumer Code, the Buyer will not be able to exercise his right of withdrawal for certain products and in particular for:
– Goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection.
Subject to compliance with these conditions in terms of deadlines, condition of the products and terms of return of the products, the Buyer will obtain a refund for the returned products. In accordance with article L221-24 of the Consumer Code. Jylor undertakes to reimburse the Buyer according to the payment method used for the initial transaction or any other means after the Buyer's agreement.
The Product must be returned in perfect condition, unused. If applicable, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to JYLOR. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal, as well as the cost of returning the Product if it, due to its nature, cannot normally be returned by post.
If the previous obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned to him at his expense.
It is recommended that the Customer make the return using a solution allowing tracking of the package. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter.
The Seller also reserves the right to defer reimbursement until receipt of the Product or as long as the Customer has not demonstrated that he has shipped the Product, if such demonstration has not been took place previously.
In the event of depreciation of the Products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.
In accordance with article L121-17 of the Consumer Code, (“Hamon law”) of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site:
Withdrawal form
(Please complete and return this form only if you wish to withdraw from the contract.)
For the attention of JYLOR
I/we (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*):
Name of Customer(s):
Address of Customer(s):
Signature of the Client(s) (only in the event of notification of this form on paper):
Date:
(*) Delete what is unnecessary.
Article 8 – Product Guarantee
Legal provisions to be reproduced
When acting under the legal guarantee of conformity, the consumer benefits from a period of two years from delivery good to act; he can choose between repairing or replacing the good, subject to the cost conditions provided for by article L211-9 of the Consumer Code; except for second-hand goods, it is exempt from proving the existence of the lack of conformity of the goods during the six months following delivery of the goods, a period extended to 24 months from March 18, 2016.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects in the thing sold within the meaning of article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee ; in the event of implementation of this guarantee, the buyer has the choice between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.
The postponement, suspension or interruption of the prescription cannot have the effect of extending the extinctive prescription period beyond twenty years from the day on which the right arose in accordance with article 2232 of the Code civil.
All items acquired on this site benefit from the following legal guarantees, provided for by the Civil Code;
Legal guarantee of conformity
According to article L217-4 of the Consumer Code, the good complies with the contract if it meets, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is suitable for any special use sought by the consumer, brought to the attention of the seller at the latest at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions, to be supplied in accordance with the contract;
4° It is updated in accordance with the contract.
According to article L217-7, defects in conformity which appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to exist at the time of delivery, unless this presumption is incompatible with the nature of the good or defect invoked.
When the sales contract for a good containing digital elements provides for the continuous supply of digital content or a digital service, the conformity defects which appear are presumed to exist at the time of delivery of the good:
1° During a period of two years from delivery of the goods, when the contract provides for this supply for a period less than or equal to two years or when the contract does not determine the duration of supply;
2° During the period during which the digital content or digital service is provided under the contract, when the contract provides for this supply for a period of more than two years.
According to article L217-8, in the event of a lack of conformity, the consumer has the right to bring the goods into conformity by repair or replacement or, failing that, to a reduction in the price or termination of the contract, under the conditions set out in this subsection.
The consumer also has the right to suspend payment of all or part of the price or the provision of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent on him under the contract. title of this chapter, under the conditions of articles 1219 and 1220 of civil Code.
The provisions of this chapter are without prejudice to the award of damages.
According to article L217-9, the consumer has the right to demand that the goods comply with the criteria set out in subsection 1 of this section.
The consumer asks the seller to bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.
According to articles L217-10 and L210-11, the compliance of the goods takes place within a reasonable period which cannot be more than thirty days following the consumer's request and without major inconvenience for him, taking into account the nature of the good and the use sought by the consumer.
The repair or replacement of the non-compliant good includes, if applicable, the removal and resumption of this good and the installation of the repaired good or the replacement good by the seller.
A decree specifies the modalities for bringing the property into compliance.
The compliance of the goods takes place at no cost to the consumer.
The consumer is not required to pay for the normal use he made of the replaced good during the period prior to its replacement.
According to article L217-12, the seller may not proceed according to the choice made by the consumer if the requested compliance is impossible or entails disproportionate costs with regard in particular to:
1° the value that the good would have in the absence of lack of conformity;
2° The importance of the lack of conformity; and
3° The possible possibility of opting for the other choice without major inconvenience for the consumer.
The seller may refuse to bring the goods into conformity if this is impossible or involves disproportionate costs, particularly with regard to 1° and 2°.
When these conditions are not respected, the consumer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the civil code.
Any refusal by the seller to proceed according to the consumer's choice or to bring the goods into compliance, is justified in writing or on a durable medium.
According to article L2171-17 of the Consumer Code, reimbursement to the consumer of the sums owed by the seller under this subsection is made upon receipt of the good or proof of its return by the consumer and at the latest within the following fourteen days.
The seller reimburses these amounts using the same means of payment as that used by the consumer when concluding the contract, unless expressly agreed by the latter and in any case without additional costs.
Legal guarantee against hidden defects
According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, were prior to purchase (and therefore not result from normal wear and tear of the Product for example), and are sufficiently serious (the defect must either make the Product unfit for the use for which it is intended, or reduce this use to an extent measure such that the buyer would not have purchased the Product or would not have purchased it at such a price if he had known of the defect).
Complaints, requests for exchange or reimbursement for a non-compliant Product must be made by post or by email to the addresses indicated in the legal notices of the site, within thirty (30) days from the delivery date (this deadline does not apply in the event of a hidden defect, as stipulated previously).
In the event of non-compliance of a delivered Product, it may be returned to the Seller who will exchange it. If it is impossible to exchange the Product (obsolete product, out of stock, etc.) the Customer will be reimbursed by check or transfer for the amount of their order. The costs of the exchange or refund procedure (in particular the return shipping costs of the Product) are then the responsibility of the Seller.
Article 9 – Customer Service
Customer service for this Site is accessible by email at the following address: sav@jylor.com, by form or by post to the address indicated in the legal notices. The Customer has a maximum period of 48 hours upon receipt of their package to report any problem encountered upon receipt and/or opening of the package.
Article 10 – Liability
The Seller JYLOR cannot be held responsible for non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning the Products purchased, the Seller will not incur any liability for any indirect damage as a result of this, operating loss, loss of profit, damage or costs, which may arise.
The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal if applicable, that is to say if the Customer is not a Consumer Customer and the contract concluded to acquire the Product or Service allows withdrawal, according to the article L 121-18 of the Consumer Code.
The Customer expressly agrees to use the Site at his own risk and under his exclusive responsibility. The Site provides the Customer with information for information purposes only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any event, jylor cannot under any circumstances be held responsible:
any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
a malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or even the use of a little-used browser by the Client;
the content of advertisements and other external links or sources accessible by Clients from the Site.
The photographs and visuals of the Products presented on the Site have no contractual nature, the Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.
Article 11 – Intellectual property rights
All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any Customer who is guilty of counterfeiting would be likely to have his account deleted without notice or compensation and without this deletion constituting him any damage, without reservation of possible subsequent legal proceedings against him, at the initiative of the Seller or his agent.
This Site uses elements (images, photographs, content) whose credits go to: fotolia.
The brands and logos contained on the Site may be registered by JYLOR, or possibly by one of its partners. Any person carrying out their representations, reproductions, nestings, broadcasts and rebroadcasts incurs the sanctions provided for in Articles L.713-2 et seq. of the Intellectual Property Code.
Article 12 – Independence of clauses
If a provision of the T&Cs is deemed illegal, void or for any other reason inapplicable, then this provision will be deemed severable from the T&Cs and will not affect the validity and the applicability of the remaining provisions.
These T&Cs replace all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.
A printed version of the T&Cs and any notices given in electronic form may be requested in legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these General Terms and Conditions must be drawn up in the French language.
Article 13 – Applicable law and mediation
These General Conditions of Sale are governed by and subject to French law.
Except for public order provisions, any disputes which may arise in the context of the execution of these General Terms and Conditions may, before any legal action, be submitted to the discretion of the Site Editor with a view to an amicable settlement.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public order, any legal action relating to the execution of these General Terms and Conditions must be subject to the jurisdiction of the courts of the place of domicile of the defendant.
Consumer mediation
According to article L152-1 of the Consumer Code, it is recalled that “every consumer has the right to have free recourse to a consumer mediator with a view to amicably resolving the dispute which pits him against a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system.
As such, JYLOR offers its Consumer Clients, in the context of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows:
Jérôme DUPRE
contact@negostice.com
http://mediateuronline.com
It is recalled that mediation is not obligatory but only offered in order to resolve disputes by avoiding recourse to justice.
The customer can go to the European platform relating to the online resolution of consumer disputes, at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
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