General Sales Conditions
ww.Mktstudio.com ("the Site") is published by the Company JANN K creation SAS with a capital of euros, whose registered office is in Paris (75002) -20 rue des jeunesurs, registered with the RCS of Paris under No. 532 652 854, intra-community VAT No. FR65-532 625 886 ("JANN K Creation").
I - Application of the general terms and conditions of sale
The general conditions of sale detailed below apply to all orders for products and services placed via the Site (the "Products") with JANN K creation by any person (the "Customer").
The Customer must read the Terms and Conditions of Sale prior to any order (the "Order"), the Terms and Conditions of Sale being available on the Site.
JANN K reserves the right to adapt or modify at any time these Terms and Conditions, the version of the Terms and Conditions applicable to any sale being the one appearing online on the site www.sezane.com at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved acceptance of these GCS by the Customer by clicking on the button "I have read and accept the general terms and conditions of sale".
II - Information on the Site and accessibility of the Site
www.mktstudio .com is an e-commerce site owned and operated by JANN K creation.
The Site is open to all users of the Internet network by principle accessible 24/24h, 7/7d, except interruption, scheduled or not, by JANN K creation or its service providers, for the needs of its maintenance or in cases of force majeure (as defined herein). JANN K Creation can not be held liable for any damage of any kind whatsoever resulting from the unavailability of the Site.
Jann K creation does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will function without breakdown or interruption. In this respect, it can freely and at its sole discretion determine any period of unavailability of the Site or its content. Jann K creation cannot be held responsible for problems of data transmission, connection or network unavailability.
III - Registration on the Site
In order to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Customer's registration on the Site is validated by JANN K creation after verification of the standard form filled out by the Customer. The Customer receives an e-mail confirmation of registration.
When creating his Account, the Client must ensure the accuracy and completeness of the data he provides. The Client is obliged to always update his personal information. In the event of an error in the wording of the recipient's details, Jann K creation cannot be held responsible for the impossibility of delivering Products.
In order to allow you to register or connect to our site more easily and quickly, you have the possibility to authenticate yourself using "Facebook Connect". To use this feature, simply click on the dedicated "Facebook Connect" button if you have a Facebook account in order to automatically pre-fill your registration form.
To learn more about the protection of personal data during its collection, processing and use, as well as your rights and optional settings to protect your privacy, we invite you to consult Facebook's privacy policies.
By registering on the Site, the Client declares and guarantees to Jann K creation that he is of legal age and has the legal capacity to contract.
Jann K creation may delete the Client's Account at any time, for any reason, at its sole discretion.
IV - PRODUCTS
The products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are automatically updated in real time. However, an error in the update, whatever the origin, does not engage the responsibility ofJANN K creation.
JANN K creation takes the greatest care in the presentation and description of these products to best satisfy the Customer's information. It is however possible that errors may appear on the Site, which the Customer acknowledges and accepts.
Jann K creation guarantees neither the accuracy nor the security of the information transmitted or obtained by means of the Site.
It is possible that the Customer may receive, following an Order, a part previously returned by another person. It is specified that JANN K Création only accepts the return of intact and unworn Products, these two conditions being checked before being put back in stock of the returned Products.
V - ORDERS
The taking of an order on the Site is subject to compliance with the procedure set up by Jann k creation on the Site comprising successive stages leading to the validation of the Order.
The Customer may select as many Products as he wishes to add to the basket (the "Basket"). The Basket summarises the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Sales Order shall be considered as confirmation of the client's acceptance of the General Terms, the Products purchased, their prices as well as the associated costs.
A confirmation e-mail summarising the Sales Order (products, price, product availability, quantity...) will be sent to the Client Jann K creation . To this end, the Client formally accepts the use of electronic mail for the confirmation by Jann K creation of the contents of his Order. Invoices are available in the "my account" section of the website.
VI - Refusal to process an Order
Jann K creations reserves the right to remove at any time any Product displayed on the Site and to replace or modify any content or information contained therein. Despite our best efforts to satisfy our clients' expectations, Jann K creations may refuse to process any Sales Order once the Client has received the Sales Order confirmation e-mail from Jann K creations.
Jann K creations shall not be held liable to the Client or to any third party as a result of a decision to remove a Product from the Site, or as a result of a decision to replace or modify any content or information on the Site, or as a result of a refusal to process an Order once the confirmation e-mail summarising the Order has been sent.
VII - PRICE AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros for Europe, all taxes included.
All prices displayed are calculated inclusive of value added tax (VAT) applicable in France, which may be different depending on the country of invoicing.
JANN K creations reserves the right to change prices at any time but the products will be charged on the basis of the rates in effect at the time of registration of the order, subject to availability.
The products are payable in cash at the time of the actual Order.
Payment for purchases is made either via Paypal or via the secure platform of our partner ADYEN. The Customer expressly acknowledges that the communication of his credit card number to JANN K creations is tantamount to authorisation to debit his Account up to the price of the Products ordered. Where appropriate, a notification of cancellation of Order for non-payment is sent to the Customer by JANN K creations on the email address provided by the Customer when registering on the Site.
The data recorded and stored by JANN K créations constitute proof of the Order and all sales made. The data recorded by Paypal or ADYEN constitute proof of any financial transaction between the Customer and JANN K creations.
Deliveries are made by the services of La Poste, Mondial Relay, DPD, from Monday to Saturday, depending on the option chosen by the Customer when validating his/her Order.
Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").
When JANN K création takes care of the routing of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the carrier is in charge of transport by the Customer.
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, a natural person of his choice or a legal entity (delivery to his company).
In case of impossibility to make the Delivery, JANN K creations will endeavour to find a secure place to deposit the Product. Failing this, the Product is returned to the warehouse of JANN K creations.
JANN K créations also leaves at the delivery address a notice indicating the location of the Product and the procedure to follow for a new Delivery. The Customer may contact JANN K créations to arrange Delivery at a later date.
When JANN K créations takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
JANN K créations delivers the Orders within a maximum period of 15 (twelve) working days for a Delivery in Metropolitan France and 20 (twenty) working days for an International Delivery, this period being counted from the day after the validation of the Order The day after a collection is put online, the delivery time may be increased by 10 (ten) days, given the volume of Orders.
In order for these deadlines to be met, the Customer must ensure that he has provided accurate and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).
JANN K creations can not be held responsible for late delivery not being due to its own fault or justified by a case of force majeure (as defined below).
If the Delivery period is exceeded, the Customer may request the cancellation of the sale and obtain a refund of the sums paid for the Order within a maximum period of 14 (fourteen) days of his request. Notwithstanding the foregoing, JANN K créations cannot be held liable for the harmful consequences resulting from a delay in delivery, only the reimbursement of the Product by JANN K créations being possible to the exclusion of any other form of compensation.
Due to the current situation, the preparation and shipping time of your order may be extended. We do our utmost to deliver each order as quickly as possible.
IX - REFUNDS AND RETURNS
Every non-professional consumer has a right of withdrawal. The use of the right of withdrawal must be notified in advance by e-mail to the following address: firstname.lastname@example.org -]. A withdrawal form is available upon receipt of the Products by the Customer or can be downloaded from the Site. It should be returned to JANN K creations. In this case, JANN K creations will send the Customer an acknowledgement of receipt on a durable medium.
The right of withdrawal is exercised without penalty. In case of use of this right by the Customer, the Product must be returned to JANN K créations within 14 (fourteen) days (starting on the day of receipt of the Products). Beyond this period of 14 (fourteen) days, the sale is firm and final. The Product must be returned in its original packaging, in its original state, new, unworn, unwashed. To make a return, the customer must follow the procedure indicated on the return form received with his Order.
Reimbursement is subject to JANN K creations having been able to recover the Products initially delivered. Unless otherwise desired by the Customer, JANN K créations makes the refund using the same means of payment that will have been used for the transaction.
The return of Products is at the expense of the Customer.
An order paid for with a gift card, a gift card or a credit note will automatically be refunded with a credit note.
If the Customer fails to comply with these GCS, JANN K créations will not be able to reimburse the Products concerned.
X - Warranties - Limitation of liability
The liability of JANN K créations with regard to any Product purchased on the Site is strictly limited to the purchase price of the latter. JANN K créations shall in no way be held liable for any of the following losses, regardless of their origin :
• loss of income or sales
• operating loss
• loss of profits or contracts
• loss of expected savings
• data loss
• loss of working or management time
• image damage
• loss of luck
• moral prejudice
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of guarantees provided by law.
JANN K creations is only obliged to deliver Products that comply with the contractual provisions. The Products are considered to be in conformity with the contractual provisions if the following conditions are met : (i) they must comply with the description and possess the characteristics set out on the Site; (ii) they must be suitable for the purposes for which products of this kind are generally designed; (iii) they must meet the quality and resistance criteria that are generally accepted for products of the same kind and that can reasonably be expected.
In addition, JANN K créations guarantees consumers against defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:
The presence of an apparent defect on a Product must give rise to a complaint by e-mail (email@example.com ) within three working days of Delivery. Any complaint must specify the defect concerned. Failing this, no complaint is admissible, and no return or exchange is possible. The Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the registered office ofJANN K creations, after sending an email indicating the apparent defect of the Product referred to above. Cases of apparent defect confirmed by JANN K créations give rise, depending on the content of the Customer's complaint, either to the establishment of a credit note in favour of the Customer, or to the replacement of the Product, or the pure and simple refund of the Price to the Customer within 14 days. In the event of non-compliance with the return procedure, no exchange or refund or credit note is possible.
Non-conformity - Hidden defects
Subject to the validation of a nonconformity or a defect by JANN K creations or the manufacturer as the case may be, the Customer benefits from the following guarantees:
- the legal guarantee of conformity which enables it to obtain, within two years of delivery of the Product and free of charge, the repair or replacement of the Product if it does not comply with the Order. This guarantee covers defects in the conformity of the Product and the packaging. JANN K créations can proceed to the replacement of the non-compliant Product. If the replacement is impossible within one month following the complaint or if the Customer makes a reasoned request, the Customer may request reimbursement of the price of the Product.
- the legal guarantee for hidden defects, by virtue of which the Customer may request, within two years from the discovery of the defect, the reimbursement of a Product that has proved to be unsuitable for its use.
The guarantee against hidden defects enables the Customer to be protected against hidden defects in the Product purchased which prevent its use or affect it to such an extent that the Customer would not have purchased it.
The Customer then has the choice between two options: keep the Product and request a price reduction, or return the Product and request a refund of the price paid.
In order to implement these guarantees, the Product must be returned, in its original packaging, in its original condition, new, unworn, unwashed, with the references of the initial Order and a copy of the complaint to the registered office of JANN K creations, after sending an email indicating the reason for the return of the Product.
For all intents and purposes, the following legal provisions are recalled:
Art. L. 211-4 of the Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It is also liable for defects of conformity resulting from packaging, assembly instructions or installation when this was made at its expense by the contract or was carried out under its responsibility. »
Article L. 211-5 of the Consumer Code : « To be in conformity with the contract, the goods must: 1° Be fit for the use usually expected of a similar good and, where applicable: a) correspond to the description given by the seller and possess the qualities that the seller has presented to the Customer in the form of a sample or model; b) present the qualities that a Customer may legitimately expect in view of the public statements made by the seller, by the producer or by his representative, in particular in advertising or labelling. 2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the knowledge of the seller and accepted by the latter. »
Article L. 211-7 of the Consumer Code : "Defects of conformity which appear within six months of delivery of the goods shall be presumed to exist at the time of delivery, unless proven otherwise. The seller may rebut this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked. »
Article L. 211-7 of the Consumer Code : « If the repair and replacement of the goods is impossible, the buyer may return the goods and receive the price back or keep the goods and receive part of the price back. The same option is open to him:
1° If the solution requested, proposed or agreed in application of Article L. 211-9 cannot be implemented within one month of the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for the latter given the nature of the property and the use he is seeking. However, the sale may not be rescinded if the lack of conformity is minor. »
Art. L. 211-12. of the Consumer Code : "The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods. "
Article 1641 of the Civil Code : « The seller is bound by the guarantee on account of the hidden defects of the item sold which render it unfit for the use for which it is intended, or which so diminish this use that the Customer would not have acquired it, or would only have paid a lower price for it, if he had known about them. »
Article 1648 paragraph 1 of the Civil Code : "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect. »
In case of occurrence of an event of force majeure preventing the execution of these GCS, JANN K créations informs the Customer within fifteen (15) days from the occurrence of this event, by email or by registered letter with acknowledgement of receipt. Expressly, are considered as force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other actions of an industrial nature or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes in forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other cases beyond the control of the parties that prevent the normal execution of the contractual relationship. All the obligations of the parties are suspended for the entire duration of the force majeure event, without compensation. If the event of force majeure lasts for more than three (3) months, the transaction concerned may be terminated at the request of Benda Bili or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI - Partial disability
If one or more stipulations of these GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.
XII - Non-waiver
No tolerance, inaction or inertia of JANN K créations can not be interpreted as a waiver of its rights under the GTC.
XIII - Applicable law - Jurisdiction
The sale of Products is subject to French law. In case of dispute, the Customer and JANN K créations may resort to conventional mediation. Any dispute relating to the interpretation of the GCS, to the execution or termination of a sale, is subject, in the absence of an amicable agreement, to the legally competent courts.