Terms of sale
Article 1: object.
The conclusion of this sale implies acceptance of these general conditions, regardless of the clauses that may appear on the client's documents, subject to special conditions accepted in writing. Unless otherwise stipulated, the special conditions accepted for additional supplies cannot be extended to the main order. The customer acknowledges having been prior to this sale fully advised and informed on the conditions of use and the characteristics of the goods sold.
Article 2 - Description of the products
The Site is a site for the online sale of collectibles inspired by the Gamer & Geek universe and open to any natural or legal person using the site. Some of the goods offered by the jarl.fr site relate to sharp replicas (knives) available for sale and are therefore exclusively reserved for customers of the age of majority in their country, state and province of their place of residence. For any purchase of a sharp replica (knife), the customer certifies being of legal age when placing the order. Arauzo Brothers cannot be held responsible in the event of a purchase for a third party. The Products presented on the site are each subject to a description (established by the supplier or accessible on the manufacturer's site by a link below found on the site) mentioning their essential characteristics. The photographs illustrating, where applicable, the products do not constitute a contractual document. The instructions for use of the product, if it is an essential element, appears on the site or is sent at the latest on delivery. The products comply with the requirements of French law in force.
Article 3 - Creation of the customer area.
To place an order on the Site, the customer must first create his personal customer area. Once created, to access it, the customer must identify himself using his username and secret, personal and confidential password. It is up to the customer not to communicate his username and password. Each customer undertakes to maintain strict confidentiality with regard to data, in particular username and password, allowing him to access his customer area, the customer acknowledging that he is solely responsible for access to the service through his username and password, except for proven fraud. Each Customer also undertakes to inform the operator without delay in the event of a loss, misappropriation or fraudulent use of his username and / or password. After the creation of his personal customer space, the customer will receive an email confirming the creation of his customer space. When registering, the customer undertakes to: provide real, exact, up-to-date information at the time of entry in the service registration form, and in particular not to use false names or addresses, or even names or addresses without being authorized to do so, keep registration data up to date in order to guarantee their real, exact and up-to-date character at all times. The customer also undertakes not to make available or not to distribute illegal or objectionable information (such as defamatory information or identity theft) or even harmful (such as viruses). Otherwise, the operator will be able to suspend or terminate the customer's access to the site at his sole fault.
Article 4 - Price.
The prices are established in euros all taxes included and payable in cash, excluding delivery and transport costs which will be added to the price of the products and indicated separately before validation by the customer. The total amount owed by the customer and its details are indicated on the order confirmation page.
Article 5 - Delivery times.
The delivery times stipulated in the order are given, unless otherwise stated, for information only. Any delays in delivery cannot justify the cancellation of the order or give rise to damages. jarl.fr is automatically released from any commitment relating to delivery times in the following cases: - The payment conditions stipulated in article 8 are not respected by the customer. - Omission or inaccuracy of the information to be provided by the customer under the conditions of the sales contract. - Delayed delivery at the customer's request. - Technical hazards, force majeure and fortuitous event in particular: strike, riot, flood, fire. The operator strives to guarantee optimum availability of its products. Product offers are valid while stocks last. If, despite the operator's efforts, a product turns out to be unavailable after the customer has ordered, the operator will inform the customer by email as soon as possible and the customer will have the choice between:
- The delivery of a Product of equal quality and a price equivalent to that initially ordered,
- The reimbursement of the price of the product ordered at the latest within thirty (30) days of payment of the sums already paid.
It is agreed that apart from reimbursement of the price of the unavailable product, if this option is requested by the customer, the operator is not liable for any cancellation compensation, unless the non-performance of the contract is personally attributable to him. With the exception of any contrary mention appearing in the general conditions and without prejudice to the right of withdrawal provided for by the applicable law, the customer's orders are firm and final.
Article 6 - Delivery and transport.
Delivery means the transfer to the customer of physical possession or control of the product. The operator offers different delivery or delivery methods depending on the nature of the product: Standard delivery with tracking. The shipping costs are those specified during the finalization of the order and are accepted by the validation of the order. The operator undertakes, in accordance with the delivery deadline indicated on the site for each product, to deliver the products within a maximum period of thirty (30) days after receipt of the order. Delivery times are announced in working days on the site when ordering. These deadlines include the preparation and shipment of the order as well as the deadline provided by the carrier. The operator undertakes to ship the products in accordance with the deadlines announced on each product sheet and at the level of the basket, provided that payment for the order has not been refused beforehand. Delivery times and prices are available on this page: Delivery: https://jarl.fr/livraison/ (These delivery times are approximate and cannot be guaranteed) However, if one or more products could not be delivered within the time initially announced, the operator would send an email indicating to the customer the new delivery date. The products will be delivered to the address indicated by the customer when ordering. It is therefore up to him to check that this address does not contain an error. The operator cannot be held liable if the address provided by the customer is incorrect, thus preventing or delaying delivery. On delivery, you may be asked to sign a receipt. No delivery will be made to a PO box. On delivery, it is the customer's responsibility to check that the products delivered comply with their order and that the package is sealed and not damaged. If this is not the case, the customer must indicate this on the delivery note. No complaint on the quantity or condition of the product will be accepted if the complaint has not been made on the delivery note.
Article 7 - Reservation of title - Transfer of property.
In accordance with Law No. 80335 of May 12, 1980, jarl.fr expressly reserves ownership of the goods delivered until full payment of their prices. Judicial reorganization or liquidation cannot modify this clause. In the absence of payment by the customer of the price and fifteen days after a formal notice by simple registered letter with acknowledgment of receipt remains unsuccessful, this sale will be terminated by operation of law if good seems to jarl.fr. In the event of disagreement on the return of the order, this may be obtained by interim order issued by the President of the Commercial Court of Meaux. These provisions do not preclude the transfer to the buyer, upon delivery, of the risk of loss and deterioration of the goods sold as well as the damage they could cause.
Article 8 - Terms of payment - Late payment penalties - Penalty clause, lump sum recovery compensation.
Unless otherwise agreed between the parties, invoices are payable "net of any discount" and are due on the day of the order. The customer expressly acknowledges that any order placed on the site is an order with obligation of payment, which requires the payment of a price against the supply of the ordered product. In any event, the operator reserves the right to check the validity of the payment, before shipping the order, by all necessary means. The operator uses the Paypal online payment solution. Orders can be paid for using one of the following payment methods:
- Payment by credit card via Paypal. Payment is made directly on the secure banking servers of the operator's bank, the customer's bank details do not pass through the site. The bank details provided during payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these details are not accessible to third parties. The customer's order is recorded and validated upon acceptance of payment by the bank. The customer's account will be debited with the corresponding amount only when the data of the bank card used have been verified and the debit has been accepted by the bank that issued the bank card.
The inability to debit the amounts due will result in the immediate nullity of the sale.
- Payment by electronic wallet (Paypal type). The customer already has an account on the electronic wallet used by the operator. The customer can use this account and pay for his order in complete security without providing his bank details. Where applicable, the order validated by the customer will only be considered effective when the secure bank payment center has given its agreement to the transaction. As part of the control procedures, the operator may have to ask the customer for all the parts necessary to finalize his order. These parts will not be used for purposes other than these.
Refusal or default of payment renders all of our debt immediately payable without prior notice. Without prejudice to immediate payability, late payment penalties are due at the annual rates of 10 times the legal interest rate in force at the time of invoicing (Law N ° 92-1442 of 12.31.1992) and run as of right :
In the event of successive sale and delivery, the non-payment of one of them, authorizes the seller to refuse subsequent deliveries. In addition, for any sum not paid by its agreed or scheduled due date, it will be due by the customer, as compensation and penalty clause, in accordance with the provisions of articles 1226 and following of the Civil Code, an increase the amount of which will be equal to 15 % of the principal remaining due. In accordance with the provisions of Articles L441-6 and D441-5 of the Commercial Code, any late payment automatically entails, notwithstanding the late payment penalties, the payment of a lump sum indemnity of 40 euros for recovery costs.
Article 9 - Right of withdrawal
If a delivered product does not give complete satisfaction to the customer, the latter may return it to the operator. The customer will have thirty (30) days to do so from the date of receipt of the order. In accordance with article L.221-21 of the Consumer Code and in order to implement this right of withdrawal under the conditions of articles L. 221-18 et seq. Of the Consumer Code, the customer is invited to complete the standard withdrawal form by clicking on the link below https://jarl.fr/contact/. The operator will send an acknowledgment of receipt of the customer's withdrawal request by e-mail. If necessary, the customer can exercise his right of withdrawal by notifying the operator of the following information:
- name, geographic address, telephone number and e-mail address;
- decision to withdraw by means of a declaration without ambiguity (for example, letter sent by post, fax or e-mail as soon as the customer's contact details are available and therefore appear on the standard withdrawal form). The customer can use the model withdrawal form, but this is not compulsory. Return costs are the responsibility of the customer, unless the goods can not normally be returned by post, in which case the operator will recover the product at his expense.
The returned product must be in its original packaging, in perfect condition, suitable for resale, unused and with all possible accessories. In addition to the returned product, the return package must also contain a letter specifying the exact contact details (name, first name, address) of the customer as well as the order number, and the original purchase invoice. The operator will reimburse the customer for the amount of the product within fourteen (14) days of receipt of the product and all of the elements enabling the customer to be reimbursed. This reimbursement can be made by the same means of payment as that used for the customer. As such, the customer who has paid for his order in the form of a credit / gift voucher may be reimbursed by a credit / gift voucher according to the operator's wishes.
ARTICLE 10 - Liability and guarantee
The operator cannot be held responsible for the non-performance of the contract due to the customer or due to an event qualified as force majeure by the competent courts or even the unforeseeable and insurmountable fact of any third party herein. The operator cannot be held responsible for information imported, stored and / or published on the site by customers. The operator cannot be held responsible for any information published by a customer on the site and for direct or indirect damage that this use could cause to a third party, the customer at the origin of the publication remaining solely responsible for this. title. Regardless of any additional contractual guarantee (commercial guarantee) that may be granted, the products benefit from the legal guarantee of conformity provided for in Articles L. 217-4 et seq. Of the Consumer Code (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
When the customer acts within the framework of the legal guarantee of conformity:
- he has a period of two (2) years from the delivery of the goods to act:
- he can choose between repairing or replacing the goods, subject to the cost conditions provided for in Article L. 217-9 of the Consumer Code;
- he is exempt from providing proof of the existence of the lack of conformity of the good during the twenty-four (24) months following delivery of the good (except second-hand goods).
He may decide to implement the guarantee against hidden defects of the item sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between canceling the sale or reducing the sale price in accordance with article 1644 of the Civil Code. It is recalled that the search for amicable solutions prior to a possible legal action does not interrupt the time limits for the action of legal guarantees or the duration of any possible contractual guarantee.
Article 11 - Attribution of jurisdiction and applicable law.
All disputes relating to the interpretation or execution of this contract will fall under the exclusive jurisdiction of the Commercial Court of MEAUX, likewise in the event of a guarantee call or multiple defendants. The contract is subject to the provisions of French law.