Terms of sale
www.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 Jeuneurs, registered with the Paris Trade and Companies Register under number 532 652 854, VAT number FR65-532 625 886 ("JANN K Creation").
I - Application of the General Terms and Conditions of Sale
The general terms and conditions of sale detailed below apply to all orders of products and services placed via the Site (the "Products") with JANN K Creation by any person (the "Customer").
The Customer must read the General Terms and Conditions of Sale ("GTC") prior to any order (the "Order"), as they are available on the Site.
JANN K reserves the right to adapt or modify these GTC at any time, with the version of the GTC applicable to any sale being that which is online on the website www.mktstudio.com at the time of the Order. Consequently, placing an Order requires the Customer’s full and unconditional acceptance of these GTC by clicking on the "I have read and accept the general terms and conditions of sale" button.
II - Information on the Site and Site Accessibility
www.mktstudio.com is an e-commerce site owned and operated by JANN K Creation.
The Site is, in principle, accessible to all internet users 24/7, except for interruptions, whether scheduled or not, by JANN K Creation or its service providers, for maintenance needs or in cases of force majeure (as defined herein). JANN K Creation cannot be held responsible for any damages resulting from the unavailability of the Site.
JANN K Creation does not guarantee that the Site will be free from anomalies, errors, or bugs, nor that the Site will function without failure or interruption. It may freely determine and at its sole discretion any period of unavailability of the Site or its content. JANN K Creation is also not responsible for data transmission, connection, or network unavailability issues.
III – Registration on the Site
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 completed by the Customer. The Customer receives a registration confirmation email.
When creating their Account, the Customer must ensure the accuracy and completeness of the information provided. The Customer is responsible for updating their personal information. In case of an error in the recipient's details, JANN K Creation cannot be held responsible for the inability to deliver the Products.
To facilitate registration or login, Customers may authenticate using "Facebook Connect." To use this feature, they simply need to click the "Facebook Connect" button if they have a Facebook account to automatically pre-fill their registration form.
For more information on the protection of personal data during collection, processing, and use, as well as your rights and optional settings to protect your privacy, please refer to Facebook’s privacy policies.
By registering on the Site, the Customer declares and guarantees to JANN K Creation that they are of legal age and have the legal capacity to contract.
JANN K Creation may delete the Customer’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 of the Customer's consultation, subject to stock availability. These indications are automatically updated in real-time. However, any update error, regardless of origin, does not engage the responsibility of JANN K Creation.
JANN K Creation takes the utmost care in the presentation and description of its products to best inform the Customer. However, errors may occur on the Site, which the Customer acknowledges and accepts.
JANN K Creation does not guarantee the accuracy or security of the information transmitted or obtained through the Site.
The Customer may receive a previously returned item following an Order. JANN K Creation only accepts the return of intact and unworn Products, both conditions being checked before the returned Products are restocked.
V - ORDERS
Placing an order on the Site requires compliance with the procedure implemented by JANN K Creation, including successive steps leading to Order validation.
The Customer may select as many Products as they wish, which will be added to the shopping cart (the "Cart"). The Cart summarizes the selected Products along with their prices and related costs. The Customer may freely modify the Cart before validating their Order. Validation of the Order confirms the Customer's acceptance of the GTC, the purchased Products, their price, and associated costs.
A confirmation email summarizing the Order (products, prices, availability, quantities, etc.) will be sent to the Customer by JANN K Creation. In this regard, the Customer expressly accepts the use of email for confirmation of the Order details. Invoices are available in the "My Account" section of the Site.
VI – Refusal to Process an Order
JANN K Creation reserves the right to withdraw any Product displayed on the Site at any time and to replace or modify any content or information on the Site. Despite JANN K Creation’s best efforts to meet customer expectations, it may refuse to process an order after sending the confirmation email summarizing the Order.
JANN K Creation cannot be held liable to the Customer or any third party due to its decision to withdraw a Product from the Site, replace or modify any content or information on the Site, or refuse to process an Order after sending the confirmation email.
VII - PRICES AND PAYMENT TERMS
Product prices are indicated on the Site in euros for Europe, including all taxes.
All displayed prices include the applicable value-added tax (VAT) in France, which may vary depending on the billing country.
JANN K Creation reserves the right to modify its prices at any time, but Products will be billed based on the rates in effect at the time of Order registration, subject to availability.
Products are payable in full at the time of the Order.
Payment can be made via PayPal or through the secure platform of our partner Paypal. The Customer expressly acknowledges that providing their credit card number to JANN K Creation authorizes the debit of their account for the amount of the ordered Products. If applicable, a notification of Order cancellation due to non-payment is sent to the Customer by JANN K Creation at the email address provided during registration.
The data recorded and stored by JANN K Creation constitutes proof of the Order and all past sales.
VIII - DELIVERY
Deliveries are made by Colissimo from Monday to Saturday, depending on the delivery option selected by the Customer when validating the Order.
Delivery means the transfer of physical possession of the Products to the Customer (the "Delivery").
When JANN K Creation arranges Product shipment, the risk of loss or deterioration transfers to the Customer upon Delivery.
Delivery is made to the address indicated by the Customer, which must be their residence, a designated individual, or a company (business delivery).
In case the delivery cannot be completed, JANN K créations will make every effort to find a secure location to leave the Product. If this is not possible, the Product will be returned to the JANN K créations warehouse.
JANN K créations will also leave a notice at the delivery address indicating where the Product is located and the procedure to follow for a new Delivery. The Customer may contact JANN K créations to arrange for delivery at a later date.
When JANN K créations is responsible for the shipment of the Product, the risk of loss or damage to the Product is transferred to the Customer at the time of Delivery.
JANN K créations delivers Orders within a maximum standard period of 15 (fifteen) business days for Delivery within Metropolitan France and 20 (twenty) business days for international Delivery, calculated from the day after the Order is validated. Following the launch of a new collection, the Delivery time may be extended by 10 (ten) days due to the volume of Orders.
To ensure these deadlines are met, the Customer must provide accurate and complete information regarding the Delivery address (including, but not limited to: street number, building, staircase, access codes, names and/or intercom numbers, etc.).
JANN K créations cannot be held responsible for delivery delays beyond its control or due to force majeure (as defined below).
In case of exceeding the Delivery deadline, the Customer may request the cancellation of the sale and obtain a refund of the amounts paid for the Order within a maximum period of 14 (fourteen) days from the request. Notwithstanding the above, JANN K créations cannot be held responsible for any consequential damages resulting from a delay in shipment, with only the reimbursement of the Product being possible, excluding any other form of compensation.
COVID-19 INFO: Our transport and logistics services are organized with the utmost consideration for the health of our teams, who continue to work to ensure the best possible delivery service. However, due to the situation, delays may occur, and we appreciate your patience in advance.
As of September 22, 2020, Colissimo parcel deliveries will require a confidential code, which you will receive by email. Before delivery, you will receive an email notification containing a six-digit code (both in numeric and barcode form). At the time of delivery, you can either scan the barcode or provide the code directly to the delivery person. The scanning of the delivery code will serve as proof of delivery.
Due to the current situation, the preparation and shipping times for your order may be extended. We are doing our best to deliver each order as quickly as possible.
Attention: For Switzerland and the United Kingdom, customs fees may apply and are the responsibility of the Customer.
IX - REFUNDS AND RETURNS
Any non-professional consumer has a right of withdrawal. The exercise of this right must be notified in advance by email to the following address: [marketing@mktstudio.com]. A withdrawal form is available upon receipt of the Products by the Customer or or via this link: https://mktstudio.shipping-portal.com/rp/. It must be returned to JANN K créations. In this case, JANN K créations will acknowledge receipt of the withdrawal request on a durable medium.
The right of withdrawal is exercised without penalty. If the Customer exercises this right, the Product must be returned to JANN K créations within 14 (fourteen) days (starting from the day the Products are received). Beyond this 14 (fourteen) day period, the sale is final and binding. The Product must be returned in its original packaging, in its original condition, new, unworn, and unwashed. To process a return, the Customer must follow the procedure outlined on the return slip received with their Order.
The refund will only be issued once JANN K créations has recovered the initially delivered Products. Unless otherwise requested by the Customer, JANN K créations will issue the refund using the same payment method used for the original transaction.
Shipping costs are non-refundable. Return costs are €3 for mainland France and €4.90 for Belgium and Spain.
The refund for an order paid with a gift card, store credit, or voucher will be automatically issued as store credit.
If the Customer does not comply with these GTC, JANN K créations will not be able to process the refund for the affected Products.
X - WARRANTIES - LIMITATION OF LIABILITY
JANN K créations' liability for any Product purchased on the Website is strictly limited to the purchase price of that Product. JANN K créations shall not be held liable for any of the following losses, regardless of their origin:
• Loss of income or sales
• Business loss
• Loss of profits or contracts
• Loss of anticipated savings
• Loss of data
• Loss of working or management time
• Damage to image
• Loss of opportunity
• Moral prejudice
The documents, descriptions, and information related to the Products appearing on the Website are not covered by any warranty, express or implied, except for those legally required.
JANN K créations is only required to deliver Products that comply with contractual agreements. Products are deemed compliant if the following conditions are met: (i) they conform to the description and possess the characteristics stated on the Website; (ii) they are suitable for the purposes for which similar products are generally intended; (iii) they meet the quality and durability criteria generally accepted for similar products and that one can reasonably expect.
Additionally, JANN K créations guarantees consumers against non-conformities and hidden defects for the Products sold on the Website under the following conditions:
Apparent Defects
The presence of an apparent defect in a Product must be reported by email (marketing@mktstudio.com) within three business days following Delivery. The claim must detail the defect. Otherwise, no claim will be accepted, and no return or exchange will be possible. The Product must be returned in its original packaging, in its original condition, new, unworn, and unwashed, along with the initial Order reference and a copy of the claim sent by email. If JANN K créations confirms the defect, the Customer may receive either store credit, a replacement Product, or a full refund within 14 days. If the return procedure is not followed, no exchange, refund, or store credit will be granted.
Non-Conformity – Hidden Defects
Subject to validation of a non-conformity or hidden defect by JANN K créations or the manufacturer, the Customer benefits from the following warranties:
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The legal conformity warranty, which allows the Customer to obtain, within two years of Product delivery and at no cost, a repair or replacement if the Product does not conform to the Order. This warranty covers Product and packaging defects. JANN K créations may replace the non-conforming Product. If replacement is not possible within one month of the claim or upon justified request by the Customer, the Customer may request a refund.
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The legal warranty against hidden defects, under which the Customer can request, within two years from discovering the defect, a refund for a Product that proves unfit for its intended use.
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 claim to the registered office of JANN K créations, after sending an email stating the reason for returning the Product.
For reference, the following legal provisions are recalled:
Article L. 211-4 of the French Consumer Code:
"The seller is required to deliver goods in conformity with the contract and is responsible for any lack of conformity existing at the time of delivery. The seller is also responsible for any lack of conformity resulting from the packaging, assembly instructions, or installation when it was made their responsibility by the contract or was carried out under their responsibility."
Article L. 211-5 of the French Consumer Code:
"To be in conformity with the contract, the goods must:
1° Be suitable for the usual intended use of similar goods and, where applicable:
a) Match the description given by the seller and have the qualities that the seller presented to the Customer in the form of a sample or model;
b) Have the qualities that a Customer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling.
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the Customer, brought to the seller’s attention, and accepted by the latter."
Article L. 211-7 of the French Consumer Code:
"Any lack of conformity that appears within six months from the delivery of the goods is presumed to have existed at the time of delivery, unless proven otherwise. The seller can challenge this presumption if it is incompatible with the nature of the goods or the claimed lack of conformity."
Article L. 211-10 of the French Consumer Code:
*"If repair and replacement of the goods are impossible, the buyer may return the goods and receive a refund of the price or keep the goods and receive a partial refund. This option is also available:
1° If the requested, proposed, or agreed solution under Article L. 211-9 cannot be implemented within one month following the buyer’s claim;
2° Or if this solution cannot be implemented without significant inconvenience to the buyer, given the nature of the goods and their intended use. However, the sale cannot be canceled if the lack of conformity is minor."*
Article L. 211-12 of the French Consumer Code:
"The legal action resulting from a lack of conformity is time-barred after two years from the delivery of the goods."
Article 1641 of the French Civil Code:
"The seller is bound by a warranty for hidden defects in the item sold that render it unfit for its intended use, or that so diminish its use that the Customer would not have acquired it, or would have paid a lower price for it, if they had known about them."
Article 1648, paragraph 1, of the French Civil Code:
"The action resulting from redhibitory defects must be initiated by the buyer within two years from the discovery of the defect."
Force Majeure
In the event of a force majeure event preventing the execution of these GTC, JANN K créations will inform the Customer within fifteen (15) days from the occurrence of this event, by email or registered letter with acknowledgment of receipt.
Expressly, the following are considered force majeure or unforeseeable events, in addition to those usually recognized by French court jurisprudence: total or partial strikes, lockouts, riots, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, weather events, epidemics, blockage of transport or supply means for any reason, earthquakes, fires, storms, floods, water damage, government or legal restrictions, legal or regulatory changes to commercial forms, computer failure, telecommunications blockage, including wired or wireless telecommunications networks, and any other event beyond the parties' control preventing the normal execution of the contractual relationship.
All obligations of the parties are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the affected transaction may be terminated at the request of either JANN K créations or the Customer, without compensation for either party.
The Customer's failure to pay cannot be justified by a force majeure event.
XI – Partial Invalidity
If one or more provisions of these GTC are held invalid or declared as such pursuant to a law, regulation, or final decision of a competent court, the remaining provisions shall retain their full force and effect.
XII – No Waiver
No tolerance, inaction, or inertia by JANN K créations shall be interpreted as a waiver of its rights under the GTC.
XIII – Applicable Law – Competent Jurisdiction
The sale of Products is subject to French law. In case of a dispute, the Customer and JANN K créations may resort to conventional mediation. Any dispute relating to the interpretation of the GTC, the execution, or termination of a sale, will be submitted, in the absence of an amicable agreement, to the legally competent courts.
