You are currently connected to one of the sites administered by JFIC. The purpose of this document is to inform you about www.obelligne.com and its general conditions of online sales (Contractual Conditions).
You must carefully read the following provisions, as they constitute an electronic contract establishing the general conditions of sale of the JFIC e-shop.
The “Double-Click” that you will execute after completing your order form constitutes the validation of it and will be worth irrevocable acceptance of these Contractual Conditions when your order has been validated.
As a result, you may only order products and / or services if you agree to all of the terms and conditions set out below.
The Internet user (natural person with the capacity to contract) and JFIC are hereinafter referred to as “the parties”, and individually “the party”.
In this contract, each of the expressions mentioned below will have the same meaning as in its definition, namely:
– “the company”: JFIC
– “distance contract”: any contract concerning the ordering of products and / or services concluded between the company (*) and a customer (*) within the framework of a system of sale or services of distance service organized by the company (*) which, for this contract, uses exclusively the Internet network until the conclusion of the contract, including the conclusion of the contract itself.
– “client”: any natural person who, in this contract, acts in a particular capacity or as a representative of a legal person and who has the right to contract.
– “purchase order”: document which indicates the characteristics of the products ordered by the customer (*) and which must be signed by him by “double click” (*) to engage him.
– “order”: act by which the customer agrees to buy products and / or services and the company (*) to deliver and / or provide it.
– “product”: well sold or service provided by the company.
– “double click”: reiteration of the validation of the Purchase Order by the customer. A purchase order completed and validated a first time is never taken into account without the confirmation of the customer. This confirmation can be made through a checkbox accepting the Contractual Conditions, or a confirmation of the order.
Our website www.obelligne.com is administered by JFIC.
The declaration number to the CNIL: 1356750
Registered office – 78 Rue de la Garenne – 44700 Orvault
SARL with a capital of 2000 euros
Registration at the RCS of Nantes 491114955
VAT number: FR 4349111495500025
Tel: +33 (0) 2 40 94 60 38 – Fax: +33 (0) 9 70 06 27 80
For any contact email address: email@example.com
The present contract is an electronic distance selling contract which aims to define the rights and obligations of the parties in connection with the sale of products offered by JFIC. In this sense, it complies with the French regulations in force, namely:
– Law 2004-575 known as the Law for confidence in the digital economy.
– Law 2008-3 of 3 January 2008 for the development of competition in the service of consumers.
– Recommendation No. 07-02 of the Unfair Contract Terms Commission, on Internet sales contracts. It is also in line with OECD recommendations in the area of electronic commerce. Protection of minors
Our company attaches particular importance to the protection of minors as part of its online business. Although minors can act alone in cases where the law or practice authorizes them to act alone (article 389-3 cd civ), and this especially for purchases of low value, it seems essential to us try by any means to verify that the customer has the power to contract.
For this purpose, we may ask any customer placing an order on our site to prove their ability to contract, this in compliance with the obligations of Law 78-17 as amended.
In the event that a purchase is made by a person who does not have the legal capacity to contract, we advise the legal representatives of it to rescind (cancel) the sale under Article 1305 of the Civil Code.
The products offered by JFIC are presented on the sites in French Language. Any national of the European Community and the countries respecting the directive 95/46 / CE can not assert his linguistic ignorance as clause of cancellation of the contract.
The products offered for direct sale by JFIC are those listed on the site www.obelligne.com , the day of the consultation of said site by the user, and within the limits of available stocks.
The illustrations presented on the site are the reflection of the products on sale on this one, except in the limiting cases inherent to the technical characteristics of the Internet (resolution and colors of the screen of the surfer ….).
Due to the specificity of the internet network, the company does not guarantee on its website the availability of all products in real time. In the event of temporary or permanent unavailability of one of the products, the company will inform users through its website or sending an email to a valid email address provided by the customer. The company will then propose the replacement of the product ordered by an equivalent product (quality and price), or a credit note, or exercise your right of cancellation (cancellation of your order). Price
The prices of the products may be modified at any time by the company, with the exception of any sale of a product concluded for the price displayed on www.obelligne.com .
In case of obvious typographical error, leading to the display of a “low price”, the sale may be canceled, as mentioned in the article “Execution of the order”.
The mentioned prices are in Euros (€), presented including all taxes and include the expenses related to the treatment of the orders. Delivery rates are the responsibility of the customer, unless otherwise stipulated in the order process. The different delivery options (along with their rates) are presented during the ordering process and specified during the summary of it.
Payment of the full price must be made at the latest upon delivery of the products, unless otherwise specified in the order process and mentioned on the invoice.
In the event of delivery of products outside the French territory, customs taxes and formalities are the sole responsibility of the Customer, unless otherwise indicated. The Customer then undertakes to check the possibilities of importing the ordered products with regard to the territory of the country of delivery.
Order and Payment
Any purchase order signed by the Customer by “double click” constitutes an irrevocable acceptance that can be questioned only in the cases exhaustively provided for in this contract to the articles “Right of withdrawal” and “Execution of the order”. Any agreement of an estimate sent by email to the customer, and returned to JFIC with an explicit agreement constitutes also an irrevocable acceptance.
The order process is in accordance with the provisions of article 1369-5 of the Civil Code.
– Any user wishing to validate his order will have to identify himself by completing the appropriate form provided on www.obelligne.com . This identification is done in strict compliance with Law 78-17 as amended in our “Data Protection” section.
– After checking the content of the order, as well as the total cost of it (products ordered, shipping costs, eco-participation, optional optional), and corrected for any errors, the user will definitely confirm . This confirmation will be worth conclusion of the contract.
– The contractual information will be the subject of a confirmation email sent to the customer no later than the end of the withdrawal period and subject to the provision by the customer of a valid e-mail address, which is not the subject of ‘no restriction of use (professional email address for example). In this case, the company can not be held responsible for sending contractual and / or advertising information to a restricted access email address.
To pay for the order, the Customer has at his choice, all the payment methods referred to in the order process and presented on the company’s website (CB, Bank Check, paypal …). It guarantees to the company that it has the authorizations possibly necessary to use the mode of payment chosen by him, during the validation of the order.
In the case of a payment by credit card, he must transmit his credit card number, depending on the type of card, the expiry date thereof and the cryptogram number (3-digit number on the back of the card). Bank card).
JFIC guarantees that the payment is secured by SSL encryption (Secure Socket Layer) so as to protect as effectively as possible all the data related to means of payment. The company guarantees that the means and services of cryptology used to secure transactions have been the subject of an authorization or a declaration in application of the legislation in force.
In the case of payment by card, the provisions relating to the fraudulent use of the means of payment provided for in the agreements concluded between the Client and the issuer of the card and between the company and its banking institutions apply, in accordance with the Article 132-4 of the Monetary and Financial Code.
If the only method of payment is a payment by credit card, the final validation of the order occurs as soon as full payment (except special provisions) of this one.
In the case of a payment by check, the customer must select the option “payment by check” available on the payment page After confirming your order, it is sufficient for the customer to print the order form and send it to us with your check payable to JFIC at the following address:
JFIC – 27 rue Antares – ZI LA BELLE ETOILE – 44470 – CARQUEFOU.
In case of payment by check it must be issued by a bank domiciled in France. The order will be processed as soon as the check is cashed.
The company guarantees that deliveries will be made according to the conditions guaranteed by the service providers LA POSTE (except in cases of force majeure within the meaning of the jurisprudence), and indicated on the sitewww.obelligne.com, or during the process of command.
In the case of late delivery, please inform the company by contacting customer service or by sending an email firstname.lastname@example.org. If the delay is more than 7 days beyond the expected delivery date during the ordering process, you can proceed to the resolution of the order, as described in the article “Right of cancellation”.
Colissimo and So Colissimo:
As of La Poste, you are delivered to your home in 48 h – 72 h (working days for shipments in mainland France and Monaco), for Corsica between 5 to 7 working days, subject to time limits deposit.
In case of absence or impossibility of delivery of your parcel (no guardian, …), your postman sends a notice of passage mentioning the date and the address of the post office where you can withdraw your parcel on presentation of an identity document.
As of the date mentioned on the notice of passage, you have 15 days to withdraw your parcel. After this period, it will automatically be returned to the sender.
You can consult all the conditions relating to the Colissimo service by clicking here.
Delivery with or without signature:
When choosing the method of delivery of the order, when the customer chooses a delivery method with signature, his signature is essential to receive the package. If the customer is absent at the time of the passage of the postman, he can withdraw his parcel post against signature for a period of 15 days. It is therefore the signature of the customer that is authentic for the receipt of the package. In the event of a delivery dispute, Swiss Post must produce the customer’s signature to prove that the package has been delivered.
When the customer chooses a mode of delivery without signature, the parcel is delivered to him personally or in his mailbox. It is the certificate of delivery given by the post office that is authentic. The parcels being followed, a tracking number makes it possible to check the status of the parcel with the Post Office, in particular on the website of the post office dedicated to parcel tracking. If the Post indicates that it is delivered, the parcel is considered delivered. In case of problems with a delivery, the customer must contact the Post Office, JFIC having delivered the package to the Post Office. In the case of delivery without signature, no appeal is possible from JFIC from the moment the Post Office reports the package delivered.
Incomplete or non-compliant delivery (due to the carrier)
The package may be damaged or the contents of the package partially or completely stolen.
If you notice such an error, please mention it on the carrier’s voucher and refuse the product by sending it back to us together with a statement 170 called “finding of spoliation”. In the event that you become aware of this error after the departure of the carrier, please report it by email to email@example.com or by phone within a maximum of 72 hours after receipt of the order.
In accordance with Article 133-3 of the French Commercial Code, it is imperative that you send your LRAR protest to the carrier within 3 days (not including holidays).
Incomplete or non-compliant delivery (due to the company)
Despite the care taken in the preparation of orders, it is possible that a product is missing in it, or that an error occurred during preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 72 hours of receipt of the order. This report can be made by mail to firstname.lastname@example.org or by phone.
In the event that a package is lost by one of our carriers, please inform us as soon as possible.
The company will conduct a survey of the services concerned.
Packages not claimed by the customer
If your parcel is returned to us by post for the following reasons: IASP (Does Not Live at the Address Indicated) or “Unclaimed Parcel during its period of jurisdiction” at the post office or relay point, the following conditions ‘apply:
Parcel not distributed under NPAI reason: if the parcel was sent to an incorrect or incomplete address, the error being attributable to the customer, the parcel can be redirected at its expense at the single rate of € 7.90. If the error of address is attributable to JFIC, JFIC will support the expenses of redirection.
Parcel not distributed under the motive “Unclaimed parcel during his period of jurisdiction” at the post office or relay point: the unclaimed parcel within the time indicated (see conditions of the Post), will be returned to JFIC. In all cases, the customer is responsible for the withdrawal and a return is at the customer’s expense at a single rate of € 7.90. JFIC informs the concerned customer by e-mail. The parcel will be redirected to the customer after agreement and payment by him of the corresponding costs. This message will indicate the procedure to follow to pay these shipping costs. If these forwarding charges remain unpaid, or if the package returned to the customer after payment of these fees is not claimed and this package is returned to JFIC a second time by the Post Office, it will be kept by JFIC for sixty ( 60) days. At the expiry of this period, JFIC may decide to destroy the items thus stored, without notice or notice. This destruction does not open any right to refund, exchange or compensation.
JFIC reserves the right to refuse orders weighing more than 25 kg.
Right of withdrawal
In accordance with Article L121-16 and 121-20 of the Consumer Code, the customer has a period of fourteen (14) days to exercise his right of withdrawal. This period runs from the receipt of the order by the customer. To facilitate the processing of his return, the customer can contact the company by mail to obtain a return number before forwarding. This condition does not result in the cancellation of the right of withdrawal.
The return shipping costs will be borne by the customer. The products must be reshipped complete, in a state of their own remarketing. It is also recommended that the products be returned in their original packaging, in a manner similar to those of the initial shipping of the products. You are reminded that this right of withdrawal can not be exercised for personalized products. Right of resolution
In accordance with Article L. 121-20-3 of the Consumer Code, we will indicate when ordering the maximum delivery date of it. In the case of an excess of 7 working days from this delivery date (except in case of force majeure within the meaning of the Act), you will be entitled to pronounce the resolution of your order by registered letter with acknowledgment of receipt within a period 60 days after the initial date of delivery. In this case, we will refund the full amount paid (excluding any return costs), and this within a maximum of 30 days of receipt of your RLRI. Execution of the order
The company reserves the right to refuse the order for a “legitimate reason” (in the sense defined by the jurisprudence), and in particular (without this list being restrictive) in case of unavailability of the product, impossibility to execute the service, improper client request, presumption of impossibility for the client to contract or manifest intent for the client to harm the company.
The company also reserves the right to refuse the order in the case of an obvious typographical error leading to the display of a “low price”, and this at the time of the order placed by the customer. In the case of a difference of interpretation between “low price” and “low price”, concerning the price displayed on the website at the time of the customer’s order, it may request the intervention of a third party, as provided in Article “Applicable Law”. The order will be executed at the latest in a period not exceeding 7 days the expected date of delivery of the product or service mentioned at the time of the order subject to the acceptance of this one by the company. For deadlines concerning the different types of services (personalization …), please contact us. An invoice will be automatically sent to the customer when ordering. This will be sent to the email address indicated by the customer when ordering, unless otherwise specified by him.
The customer benefits from a contractual guarantee on the products supplied by the company. This guarantee is posted on www.obelligne.com and its duration varies according to the category of products ordered.
Additional warranty services may be offered depending on the products ordered. Their scope and pricing will be specified during the ordering process.
In accordance with articles L 211-4 and following of the Consumer Code, as well as articles 1641 and 1648 of the French Civil Code, the surfer also benefits from a guarantee allowing him to return defective delivered products
· Article L211- 4 code of consumption
The seller is required to deliver a good in accordance with the contract and is liable for any lack of conformity existing at the time of delivery.
It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was charged to it by the contract or was carried out under its responsibility.
· Article L211-5 code of consumption
To be in conformity with the contract, the property must:
fit for the usual expected use of a similar good and, where appropriate: – correspond to the description given by the seller and possess the qualities it has presented to the buyer as a sample or model;
– present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2 ° Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
· Article L211-12 code of consumption
The action resulting from lack of conformity is prescribed by two years from the delivery of the goods .
· Article 1641 Civil Code
The seller is bound by the guarantee by reason of the hidden defects of the thing sold which renders it unsuitable for the use for which it is intended, or which diminish the use so much, that the buyer would not have acquired it, or not would have given a lower price if he had known them.
· Article 1648 to the 1st civil code
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
JFIC is responsible for the proper performance of the obligations arising from the distance contract, whether these obligations are to be performed by itself or by subcontractors, without prejudice to its right of recourse against them.
JFIC can not be held responsible for the non-performance of the contract concluded, following the occurrence of an event of force majeure (within the meaning of the law) and in particular in case of total or partial strike of the postal services, carriers, and disasters caused by floods or fires. This limitation of liability also applies to the non-performance of the said contract, due to the unpredictable and insurmountable nature of a third party who is not a party to the provision of the services provided. For products purchased to meet business needs, JFIC will not incur any liability for any consequential damages as a result of this, business interruption, loss of profit, damages or costs, which may occur.
The choice and purchase of a product or service are under the sole responsibility of the customer. The total or partial impossibility to use the products notably because of the incompatibility of the material can not lead to any compensation, reimbursement or questioning of JFIC’s responsibility, except in the case of a hidden defect, non-compliance, defect or exercise of the right of withdrawal.
The information requested from the Customer is necessary for the processing of his order and may be communicated to the contractual partners of the company (accountants, lawyers ….). They may also be forwarded to any competent authority for the settlement of disputes between the company and one of its customers. The customer can consult in our section “data protection”, the characteristics of the processing of personal data used via the site www.obelligne.com.
The customer may also exercise his rights of access, rectification and opposition according to the methods mentioned in the “Data Protection” and “legal notices” sections of the company. “Double-Click” and proof
The “double click” associated with the authentication and non-repudiation procedure of the customer when ordering and acceptance of these Contractual Terms and Conditions constitutes validation of the order and conclusion of the contract, in accordance with the provisions of article 1369 -5 of the Civil Code.
The computerized registers, kept on the servers of the company as well as on the servers of its banking establishments, will be considered as refutable presumptions (refutable) communications, orders and payments intervened between the parts.
Under no circumstances will the company record telephone conversations between a member of the company and one of his clients or prospects. In the case of outsourcing of their customer service, the company undertakes to prohibit their partner responsible for the implementation of this service, such registration, including as part of a “service improvement”. “.
Preservation and archiving of documents
The archiving of transaction data is carried out on a reliable and durable support, in accordance with Article 1348 of the French Civil Code.
It is therefore carried out in accordance with the AFNOR Z 42-013 standard concerning the design and operation of computer systems in order to ensure the conservation and integrity of the records stored in these systems.
Entirety of the contract
These general conditions express the entirety of the obligations of the parties.
No general or specific condition communicated by the Customer may be incorporated into these general conditions, except in the event of prior agreement between the parties prior to the conclusion of the contract.
The fact that the company JFIC not to invoke a breach by the Customer, to any of the obligations referred to herein, can not be interpreted for the future as a waiver of the obligation in question.
JFIC reserves the right to adapt or modify at any time these Contractual Conditions. In case of modification, it will be applied to each order the Contractual Conditions in force on the day of the order. The JFIC company will also keep on its servers all the time-stamped versions of the Contractual Conditions. Retention of title Products delivered to the customer remain the property of JFIC until the contract has been fully executed. On the other hand, the transfer of risks takes effect from the actual delivery of the products and / or services ordered on the electronic shop www.obelligne.com.
The documents provided to the client are governed by the Intellectual Property Code. They therefore remain the property of JFIC. It is therefore prohibited to reproduce, assign, or exploit the documents provided without the consent of JFIC. Applicable law This contract is subject to French law, in accordance with European directives.
This is so for both the substantive rules and the rules of form. In case of dispute, the JFIC company will privilege the settlement amicably. In case of dispute, jurisdiction is assigned to the courts of Nantes, notwithstanding plurality of defendants or warranty claim.
The responsibility of JFIC company can not be held liable for non-compliance with the regulations of a foreign country where the product is delivered. This search for an amicable solution does not interrupt the time to act as a guarantee.
Otherwise, and in accordance with the provisions of Articles 46 to 48 of the NCPC, the French courts will have sole jurisdiction