General conditions of sale of the website https://jarl.fr
Article 1 – Purpose.
The conclusion of this sale implies the acceptance of these terms and conditions, regardless of the clauses that may appear on the customer’s documents, subject to special conditions accepted in writing. Unless otherwise agreed, the special conditions accepted for additional supplies can not be extended to the main order. The customer acknowledges having been prior to this sale perfectly advised and informed about the conditions of use and the characteristics of the goods sold.
Article 2 – Product Description
The Site is an online auction site for collectibles inspired by Gamer & amp; Geek 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 on sale and are therefore exclusively reserved for clients of the age of majority in his country, state and province of his place of residence. The Products presented on the site are each the object of a description (established by the supplier or accessible on the site of the manufacturer by a link being on the site) mentioning their essential characteristics. The photographs illustrating the products, if any, do not constitute a contractual document. The user’s manual of the product, if it is an essential element, appears on the site or is at the latest addressed to the delivery. The products comply with the requirements of French law in force.
Article 3 – Creating the Customer Space .
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 password secret, personal and confidential. It is up to the customer not to communicate his username and password. Each customer agrees to maintain strict confidentiality on the data, in particular username and password, allowing him to access his customer area, the customer acknowledging being the sole responsible for access to the service through his username and password, except proven fraud. Each Customer further 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 area, the customer will receive an email confirming the creation of his customer area. The customer agrees upon registration to: deliver real, accurate, up-to-date information when entered in the service registration form, and in particular not to use false names or addresses, or names or addresses without authorization, keep the registration data up-to-date in order to permanently ensure that they are real, accurate and up to date. The customer further agrees not to make available or distribute illegal or reprehensible information (such as defamatory or identity theft information) or harmful (such as viruses). Otherwise, the operator will be able to suspend or terminate the customer’s access to the site to its exclusive wrongs.
Article 4 – Price.
The prices are in euros all taxes included and payable in cash, excluding delivery and transport costs that 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.
Delivery times stipulated in the order are given, unless otherwise indicated, as an indication. Possible delivery delays can not justify the cancellation of the order nor give rise to damages. jarl.fr is automatically relieved of any commitment regarding 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 terms of the sales contract. – Delayed delivery at the request of the customer. – Technical hazards, force majeure and fortuitous event including: strike, riot, flood, fire. The operator strives to ensure optimum availability of its products. Product offers are valid while stocks last. If despite the efforts of the operator, a product would be unavailable after the order of the customer, the operator would inform the customer by email as soon as possible and the customer would have the choice between:
- Delivery of a Product of equal quality and price equivalent to that initially ordered,
- The refund of the price of the ordered product at the latest within thirty (30) days of the 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 liable for any cancellation indemnity, unless the breach of the contract is personally attributable to him. With the exception of any mention to the contrary in the general conditions and without prejudice to the right of withdrawal provided by 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 modes of delivery or delivery depending on the nature of the product: Standard delivery with tracking. 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 of the products, to deliver the products within a maximum of thirty (30) days after receipt of order. Delivery times are announced in working days on the site when ordering. These delays include the preparation and shipping of the order and the time provided 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 the payment of the order has not been previously refused. Delivery times and prices are available on this page: Delivery: https://jarl.fr/delivery/ (These delivery times are approximate and can not be guaranteed) However, if one or more products could not be delivered within the period originally announced, the operator would send an email indicating 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 can not be held liable if the address given by the customer is incorrect, preventing or delaying delivery. On delivery, it may be requested to sign a receipt. No delivery will be made to a post office box. Upon delivery, it is the customer’s responsibility to verify that the delivered products comply with his order and that the package is sealed and not damaged. If this is not the case, the customer must imperatively indicate it on the delivery note. No claim on the quantity or condition of the product will be accepted if the claim has not been made on the delivery note.
Article 7 – Retention of title – Transfer of ownership.
In accordance with Law No. 80335 of May 12, 1980, jarl.fr expressly reserves the ownership of goods delivered until full payment of their prices. The judicial reorganization or the judicial liquidation can 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 acknowledgment of receipt remained unsuccessful, this sale will be terminated automatically if good seems to jarl.fr. In case of disagreement on the return of the order, it can be obtained by Order of summary delivered by the President of the Commercial Court of Meaux. These provisions do not prevent the transfer to the buyer, upon delivery, of the risk of loss and damage to the goods sold as well as the damage they could cause.
Article 8 – Methods of payment – Penalties of delay – Criminal clause, lump sum recovery indemnity.
Unless otherwise agreed by the parties, invoices are payable « net of any discount » and are payable on the day of the order. The customer expressly recognizes that any order placed on the site is an order with payment obligation, 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 rules, before the order is dispatched, by all necessary means. The operator uses the Paypal online payment solution. Orders can be paid using one of the following payment methods:
- Payment by credit card via Paypal. The payment is made directly on the secure banking servers of the bank of the operator, the bank details of the customer do not transit the site. The bank details communicated during the payment are protected by an SSL (Secure Socket Layer) encryption process. In this way, these coordinates are not accessible to third parties. The customer’s order is recorded and validated upon acceptance of the payment by the bank. The customer’s account will be charged the corresponding amount only when the data of the credit card used will have been verified and the debit has been accepted by the bank that issued the credit card.
The impossibility of debiting the amounts due will result in the immediate invalidity 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 his order safely without disclosing his bank details. In this case, the order validated by the customer will only be considered effective when the secure bank payment center has agreed to the transaction. As part of the control procedures, the operator may have to ask the customer for all the parts needed to finalize the order. These pieces will not be used for purposes other than these.
Refusal or failure to pay shall immediately render the entire amount of our claim without prior notice. Without prejudice to the immediate exigibility, penalties of delay are due to the annual rates of 10 times the legal rate of interest in force at the time of the billing (law N ° 92-1442 of 31.12.1992) and run of right :
In case of successive sale and delivery, the failure of one of them to pay, authorizes the seller to refuse the following deliveries. In addition, for any sum not settled on its due date agreed or planned, 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 amount due. In accordance with the provisions of Articles L441-6 and D441-5 of the French Commercial Code, any delay in payment entails, by right, notwithstanding penalties for late payment, the payment of a lump sum indemnity of 40 euros for collection costs.
Article 9 – Right of withdrawal
If a product delivered does not give full satisfaction to the customer, the latter can return it to the operator. The customer will have thirty (30) days to do it 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 and following 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 client’s withdrawal request by e-mail. Where appropriate, the customer may exercise his right of withdrawal by notifying the operator to:
– name, geographical address, telephone number and email address;
– withdrawal decision by means of an unambiguous declaration (for example, letter sent by post, fax or e-mail if the customer’s details are available and therefore appear on the standard withdrawal form). The customer can use the model withdrawal form but it is not mandatory. 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 stating the exact coordinates (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 to the customer the amount of the product within fourteen (14) days of receipt of the product and all the elements to implement the refund of the customer. This refund can be made by the same means of payment as that used for the customer. As such, the customer having paid his order in the form of credit / gift voucher can be reimbursed by having / gift voucher according to the will of the operator.
ARTICLE 10 – Liability and Guarantee
The operator can not be held responsible for the non-performance of the contract by the customer or because of an event qualified by force majeure by the competent courts or the unpredictable and insurmountable of any third party to these. The operator can not be held responsible for information imported, stored and / or published on the site by customers. The operator can not be held responsible for any information published by a customer on the site and any direct or indirect damage that this use could cause to a third party, the client at the origin of the publication remaining solely responsible for this. title. Independently of any additional contractual guarantee (commercial guarantee) that could be granted, the products benefit from the legal guarantee of conformity envisaged in articles L. 217-4 and following of the Code of the consumption (in particular L. 217-4 to L. 217 -14 of the Consumer Code), and the guarantee of hidden defects provided for in articles 1641 to 1649 of the French Civil Code.
When the customer acts within the framework of the legal guarantee of conformity:
– he has a period of two (2) years from delivery of the property to act:
– he can choose between the repair or replacement of the property, subject to the cost conditions provided by Article L. 217-9 of the Consumer Code;
– it is not necessary to prove the existence of the lack of conformity of the good during the twenty-four (24) months following the delivery of the good (except second-hand goods).
He 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 can choose between the resolution of the sale or a reduction of the selling 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 deadlines for action of the legal warranties or the duration of any possible contractual guarantee.
Article 13 – Jurisdiction and applicable law.
All disputes relating to the interpretation or performance of this contract will be 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.