Information
GENERAL TERMS AND CONDITIONS OF SALE
|
|
You are currently connected to one of the websites administered by the Solution-D company. The present document aims to inform you on Jumbo-bag.com and its General Terms and Conditions for Online Sales (Contract Legal Terms).
The present General Terms of Sale express the Parties’ Rights and Obligations in their entirety. No General or Specific Condition communicated by the Customer can be included in the Present General Terms of Sale, except in the case of prior agreement between the parties prior to the conclusion of the contract. Failure by the Seller to take action regarding any breach by the Buyer of his/her/its obligations mentioned in this contract will not mean that the Buyer no longer has to perform the obligation in question.
Article 2: Purpose The present General Terms and Conditions of Sale aim to define the Rights and Obligations of the Parties within the framework of online sale of goods and services by Solution-D to the Consumer.
Article 3 : Acceptance of Conditions The Customer duly acknowledges having read and understood all the Terms and Conditions of Sale described herein on this screen at the time of ordering, and expressly accepts them without reserve. The present General Terms and Conditions of Sale govern the contractual relationships between Jumbo-bag.com and its Customer, and are accepted unreservedly by both Parties. These General Terms and Conditions of Sale shall take precedence over any other conditions appearing in any other document, unless a prior, express exemption has been confirmed in writing. They are applicable in Metropolitan France, except Corsica, and in Europe, and more particularly in all the countries announced as shipping zones.
Article 4: Products All products displayed by Jumbo-bag.com are in principle available in stock. In case of confirmed non availability of the ordered product, or in case of non-acceptance by the Customer, Jumbo-bag.com will propose a replacement product to the Customer who will have the right to accept or refuse it.
Article 5: Orders The Automatic Order Entry System shall be considered as constituting proof of the nature, the content and the date of the order. Jumbo-bag.com shall confirm order acceptance to the Customer at the e-mail address indicated on the order. The sale shall only be concluded from the time of order confirmation. Jumbo-bag.com reserves the right to cancel any order from a Customer with whom a payment dispute exists concerning a previous order or in the case of false information given at the time of ordering, or a price announced on the website that is obviously wrong, or a momentary or definitive stock shortage of the ordered product(s), as well as any fraudulent purchase attempt. Jumbo-bag.com reserves the right to engage in legal proceedings against any fraudulent purchase attempt using a cancelled or stolen credit card. The information given by the Buyer at the time of ordering binds him or her: in case of a mistake in the wording of the recipient’s contact details, the Seller could not be held responsible for the resulting non-capacity to deliver the product.
Article 6: Delivery 6.1 Delivery Times Delivery times are for illustrative purposes only. Packages are generally dispatched within 10 to 12 working days, or 14 to 16 standard days after receipt of your payment. This period may, however, be extended by us for 16 days, with an information email to notify you of the delay. Beyond this maximum, contact will be made with the customer to decide of a new mode of delivery (at the expense of JumboBag) or of the cancellation of the order. The canceled order will be fully refunded to the customer. No damages can be required by the customer to JumboBag. 6.2 Delivery Methods JumboBag Catalog, excluding Softy: Delivery is currently open in France, Belgium, Italy, Switzerland, Austria, Spain, Portugal, Denmark, the United Kingdom, Ireland, Luxembourg and Monaco. The standard shipping method is via Post or DPD Express (depending on the size of the package) in home delivery. For other countries, we thank you for sending us a request to [email protected] Softy JumboBag, excluding other products from the catalog: "Softy" cushions can be delivered directly at home in all countries of the European Union without restriction by Colissimo. Rates for different countries are displayed directly in the cart. 6.3 Costs Shipping costs are not included in product prices. The rate of delivery of JumboBag products for home delivery is usually €12.90 for France, Belgium, the Netherlands, Luxembourg. For Italy, Portugal and Ireland, the price is €15.90. For Switzerland, the rate is currently €28 and includes €14 of custom costs. The complete list of countries and rates can be provided on request [email protected] For the "Softy" cushion, the cost of delivery for France (including Corsica) and Monaco is 11.5 €. Deliveries are made by Colissimo, price depends on the Poste's prices grid, provided for each country. In this case, the rate for each country is shown in the cart, from the selection of the desired country. 6.4 Transfer of Responsibility and Receipt of Goods The transfer of responsibility between JumboBag and the carrier, is effective from the moment he picks up the packages at the factory. The transfer takes place again between the carrier and the customer when it has ticked off the delivery. It is therefore imperative to check all goods upon receipt. In case of damage, the customer has to make a note of the damage observed on the delivery bill and refuse the package. Warning, the words "subject to control" or "subject to unpacking" have no legal value from carriers or insurers. In the event you notice a problem after the departure of the carrier, please report it by mail to [email protected] within a maximum period 72 hours from the receipt of the order, with photos of the product and the packaging, should this happen. In the case of a problem with the transport, in accordance with Article 133-3 of the Commercial Code, please be sure to send your protest to the carrier by registered letter with acknowledgment of receipt, this within three days (not including holidays). Do not use sharp objects such as box cutters, knives, scissors, or other to open your package to avoid damaging the product. Any return or reexpedition will be charged to the customer.
Article 7: Retraction You have 14 days (from the date of receipt of the items) to make up your mind. In case of replacement or reimbursement, you should send the new item(s) unused and flawless complete with all possible accessories, user manuals, and literature, in the original packaging. Return shipping costs remain at the Customer’s expense. Jumbo-bag.com will indicate you the address to return the items. In the event of the Customer exercising his/her right of retraction, Jumbo-bag.com shall reimburse the sums paid by the Customer, without charge, with the exception of the costs of returning the goods. Reimbursement shall be due within a maximum period of 15 days.
Article 8: Prices Prices are expressed in Euros. Jumbo-bag.com reserves the right to modify product prices at any time without notice; prices do not take into account shipping costs, invoiced as extra costs and indicated before the order’s final confirmation in the shopping cart. The price indicated in the order confirmation is the final price, with shipping costs inclusive of all taxes, and inclusive of VAT for Metropolitan France (except Corsica).
Article 9: Payment The price charged to the Customer is the price indicated on the order confirmation by Jumbo-bag.com.
Article 10: Disputes The present contract is subject to French Law. Jumbo-bag.com cannot be held responsible for any damage of any kind, be it material or immaterial or physical, which could result from faulty functioning or misuse of the commercialized products. This also concerns any product modification by manufacturers. Jumbo-bag.com’s liability remains, in any case, limited to the order amount and could not be called into question for simple mistakes or omissions that may arise despite all the precautions taken when presenting the product. In case of difficulties in the application of the present contract, the Buyer can, prior to any court action, seek amiable solutions notably with the aid of: a professional association of the branch, a consumer’s association or any other counsel of his/her choice. The search for amiable solutions does not interrupt the "brief time limit" of the legal guarantee, nor the time limit of the contractual guarantee. In general and subject to the discretion of the Courts, the respect of the dispositions of the present Contract relative to the contractual guarantee supposes that the Buyer honours his/her financial engagements towards the Seller.
Article 11: Warranty The guarantee is two years in the event of a broken seam, a defect or break in the cover's closing system (zip) or loss of impermeability (for the products concerned). Wear and tear due to improper use (lacerated or pierced beanbag, even accidentally, use of bleach (except the Sunbrella range), immersion in a swimming pool (except for products made for swimming pools)), or discoloration (except the Sunbrella range) cannot be taken into account. Nor can any damage caused during transport of the product be taken into account. In this case, the customer must at best refuse the product, otherwise return it within 48 hours to the transport company responsible for it. In all cases, Jumbo-bag.com declines all liability for non-compliance with current regulatory or legislative provisions in the receiving country and Jumbo-bag.com’s liability shall be systematically limited to the value of the product in question at its date of sale, without any possibility of recourse to the Brand or the product manufacturing company.
Article 12: Intellectual Property - All elements constituting the website’s frame (photos, images, logos, flash® animations, modelled elements…) as well as technological elements (software creations, administration back-office, services offered…) are protected by Copyright and are the exclusive property of their respective Authors, except for limitative cases of partial or total transfer of rights in favour of Jumbo-bag.com.
External Links The links present on the site (direct links, permalinks, partner links…) redirect the User towards sites whose content is placed under the responsibility of their publishers. Under no circumstances can Jumbobag.fr be held responsible for these sites’ contents. Since we attach a lot of importance to the lawful character of the contents of sites to which our links point, we ask you to kindly inform us about any content which could seem illicit to you on sites towards which links have been set up. What is more, they do not present any character which could be considered as "misleading advertising" as defined in Articles 121-1 and following of Consumption Code. Advertisements can appear on our sites. They can come from external sources (affiliation management third platform, Google® ads…) or be managed by our own advertising department. Jumbo-bag.com cannot be held responsible for the "deceptive or aggressive" character of ads coming from external sources.
Article 14 : Legal Notice The completion of nominative information collected for the purpose of mail order sales is compulsory, given that this information is indispensable in order to process and dispatch orders, as well as for invoicing and warranty contract issuing purposes, and for credit requests. Any failure to supply the relevant information will result in non-confirmation of the order. In compliance with the French Law 'Informatique et Libertés' (Data Protection and Liberties), the Consumer is informed that this automated information processing, and in particular the management of users' e-mail addresses, has been declared to the CNIL (French National Commission for Data Protection and Liberties). The Consumer has a right of access, rectification and deletion to data concerning him/her (Article 34 of the January 6th 1978 Law), and may exercise this right by contacting Jumbo-bag.com. Furthermore, Jumbo-bag.com commits itself to neither selling nor disclosing any personal information about Customers to third parties.
The present Contract is subject to French Law, in accordance with EU Directives. This concerns both substantive and adjectival rules. In the event of a dispute, companies will favour amicable agreements. |