Conditions de vente
Article 1 – Objet.
La conclusion de la présente vente implique l’acceptation des présentes conditions générales, quelles que soient les clauses pouvant figurer sur les documents du client, sous réserve de conditions spéciales acceptées par écrit. Sauf stipulation contraire, les conditions spéciales acceptées pour les fournitures additionnelles ne sauraient être étendues à la commande principale. Le client reconnait avoir été préalablement à la présente vente parfaitement conseillé et informé sur les conditions d’utilisation et les caractéristiques de la ou des marchandises vendues.
Article 2 – Description des produits
The Site is an online sales site for collectibles inspired by the Gamer & Geek universe and open to any natural or legal person using the site. The goods offered by the site jarl.fr concern weapons of category D, free for sale and are therefore exclusively reserved for customers of the age of majority in their country, state and province of residence (For any purchase of a weapon of category D, the customer certifies to be of age when placing the order. JARL - Arauzo Julien cannot be held responsible in the case of a purchase for a third party). The Products presented on the site are each described in a description (established by the supplier or accessible on the manufacturer's site via a link on the site) mentioning their essential characteristics. 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, shall appear on the site or shall be 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 space. Once created, to access it, the customer must identify himself using his secret, personal and confidential login and password. It is the customer's responsibility not to communicate his username and password. Each customer undertakes to maintain strict confidentiality of the data, in particular username and password, allowing him/her to access his/her customer area, the customer acknowledges that he/she is solely responsible for access to the service through his/her username and password, unless proven fraud. Each Customer also undertakes to inform the operator without delay in the event of 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. The customer undertakes, at the time of registration, to: provide real, accurate and up-to-date information when it is entered in the service registration form, and in particular not to use false names or addresses, or names or addresses without being authorised to do so, and to keep the registration data up to date in order to guarantee their real, accurate and up-to-date nature at all times. The customer also undertakes not to make available or distribute illegal or reprehensible information (such as defamatory information or identity theft) or harmful information (such as viruses). Otherwise, the operator will be able to suspend or terminate the customer's access to the site at its sole discretion.
Article 4 - Prices.
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 due 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 specified, as an indication. 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 in the context of the conditions of the sales contract. - Delayed delivery at the customer's request. - Technical disasters, force majeure and fortuitous events: strike, riot, flood, fire. The operator shall endeavour to ensure optimal availability of its products. Product offers are valid within the limits of available stocks. If, despite the efforts of the operator, a product would prove unavailable after the customer's order, the operator would inform the customer by email as soon as possible and the customer would have the choice between:
- The delivery of a Product of equal quality and at a price equivalent to that initially ordered,
- The refund 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 the reimbursement of the price of the unavailable product, if this option is requested by the customer, the operator is not required to pay any cancellation compensation, unless the non-performance of the contract is personally attributable to him. Except as otherwise provided in the general terms and conditions and without prejudice to the right of withdrawal provided for by applicable law, the customer's orders are firm and final.
Article 6 - Delivery and transport.
Delivery refers to the transfer of physical possession or control of the product to the customer. The operator offers you different delivery or delivery methods depending on the nature of the product: Standard delivery with tracking. Shipping costs are those specified at the time of 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 of the products, 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 times include the preparation and shipment of the order as well as the time set by the carrier. The operator undertakes to ship the products in accordance with the deadlines announced on each product sheet and at the basket level, provided that payment for the order has not previously been refused. 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 initially announced time, the operator would send an email indicating the new delivery date to the customer. The products will be delivered to the address indicated by the customer when ordering. It is therefore his responsibility to check that this address does not contain any errors. The operator cannot be held liable if the address provided by the customer is incorrect, thus preventing or delaying delivery. Upon delivery, it may be required to sign a receipt form. No delivery will be made to a post office box. Upon delivery, it is the customer's responsibility to check that the products delivered are in conformity with his order and that the package is sealed and undamaged. If this is not the case, the customer must indicate this on the delivery note. No complaint about 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 ownership - Transfer of ownership.
In accordance with Law No. 80335 of 12 May 1980, jarl.fr expressly reserves the right of ownership of the goods delivered until full payment of their prices. Judicial redress or liquidation may not 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 acknowledgement of receipt remained unsuccessful, the present sale will be automatically terminated if it seems appropriate to jarl.fr. In the event of disagreement on the return of the order, it may be obtained by Order for interim measures issued by the President of the Commercial Court of Meaux. These provisions do not prevent the transfer to the buyer, upon delivery, of the risks of loss and deterioration of the goods sold as well as the damage they could cause.
Article 8 - Payment terms - Penalties for late payment - Penal clause, lump sum recovery indemnity.
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 payment obligation, which requires 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 sending the order, by all necessary means. The operator uses the online payment solution Paypal. 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 bank servers of the operator's bank, the customer's bank details do not transit on 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 as soon as the payment is accepted by the bank. The customer's account will only be debited with the corresponding amount when the data of the credit card used has been verified and the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the sums 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. If necessary, the order validated by the customer will only be considered effective when the secure bank payment centre has given its agreement to the transaction. As part of the control procedures, the operator may have to ask the customer for all the documents necessary to finalize his order. These parts will not be used for any purpose other than these.
Refusal or non-payment shall render our entire claim immediately payable without prior notice. Without prejudice to immediate payment, late payment penalties are due at an annual rate of 10 times the legal interest rate in force at the time of invoicing (law N° 92-1442 of 31.12.1992) and run automatically:
In the event of successive sales and deliveries, the non-payment of one of them authorizes the seller to refuse subsequent deliveries. In addition, for any amount not paid on its agreed or scheduled due date, the client shall be liable, by way of indemnity and penalty clause, in accordance with the provisions of Articles 1226 et seq. of the Civil Code, for an increase equal to 15% of the outstanding principal. In accordance with the provisions of Articles L441-6 and D441-5 of the French Commercial Code, any delay in payment automatically entails, notwithstanding the late payment penalties, the payment of a fixed compensation 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 acknowledgement of receipt of the customer's request for withdrawal by e-mail. If necessary, the customer may exercise his right of withdrawal by notifying the operator of the following information:
- name, geographical address, telephone number and e-mail address ;
- decision to withdraw by means of an unambiguous statement (e.g. 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 sample withdrawal form but this is not mandatory. The return costs are the responsibility of the customer, unless the goods cannot normally be returned by the Post Office, in which case the operator will recover the product at his own 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 (surname, first name, address) and complete details of the customer as well as the order number, and the original purchase invoice. The operator will refund the customer the amount of the product within fourteen (14) days of receipt of the product and all the elements required to implement the customer's refund. This refund may be made by the same method of payment as that used for the customer. As such, the customer who has paid for his order in the form of a credit note / gift voucher may be reimbursed by a credit note / gift voucher according to the operator's wishes.
ARTICLE 10 - Liability and warranty
The operator shall not be held liable 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 the unforeseeable and insurmountable fact of any third party hereto. The operator cannot be held responsible for information imported, stored and/or published on the site by customers. The operator cannot be held liable for any information published by a customer on the site and for any direct or indirect damage that this use may cause to a third party, the customer who initiated the publication remaining solely responsible in this respect. 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 property to act:
- he may 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 exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods (except used goods).
It may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code. In this case, he may choose between cancelling 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 any legal action does not interrupt the time limits for taking action on legal guarantees or the duration of any contractual guarantee.
Article 11 - Attribution of jurisdiction and applicable law.
All disputes relating to the interpretation or execution of this contract shall fall within the exclusive jurisdiction of the Commercial Court of MEAUX, as well as in the event of a warranty claim or multiple defendants. The contract is subject to the provisions of French law.