GENERAL TERMS OF SALE

The site accessible by the following url: www.jubylee.fr is operated in compliance with French legislation. The use of this website is governed by these general conditions. By using the site, you acknowledge that you have read and accepted these conditions. These may be modified at any time and without notice by Be First. Be First cannot be held responsible in any way for misuse of the service.

www.jubylee.fr (the "Site") is published by Be First SARL, whose registered office is 257 rue saint denis – 75002 Paris, France, registered in the French Republic under number 528 281 959, intra-community VAT number FR40 528 281 959

EDITORIAL MANAGER

Tony Yang
France
Tél. : 0033(0)1 48 11 01 18
eshop.jubylee@gmail.com

I - Applications of the general conditions of sale

The general conditions of sale (the «GTC») detailed below apply to all orders for products and services placed via the Site (the "Products") at www.jubylee.fr by any person (the "Customer").

The Customer must read the GTC prior to any order (the "Order"), the GTC being available on the Site.

Be first reserves the right to adapt or modify these GTC at any time. The version of the GTC applicable to any sale is that appearing online at the time of the Order. Consequently, the fact of placing an Order requires full prior and unreserved adherence to these GTC by the Customer by clicking on the button "I have read and I accept the general conditions of sale".

II - Site information and accessibility

www.jubylee.fr is an e-commerce site owned and operated by Be First.

The Site is accessible to all users of the Internet network in principle 24/24, 7/7, unless interrupted, scheduled or not, by Be First or its service providers, for the purposes of its maintenance and/ or security or case of force majeure (as defined below). Be First cannot be held responsible for any damage, whatever the nature, resulting from an unavailability of the Site.

Be First does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, it may determine freely and in its sole discretion any period of unavailability of the Site or its content. Be First can also not be held responsible for data transmission problems, connection or network unavailability.

Be First reserves the right to change the Site for technical or commercial reasons. When these changes do not alter the conditions of the provision of services, in a substantial and negative way, the Customer may be informed of the changes made, but its acceptance is not requested.

III – Site Registration

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 Client’s registration on the Site is validated by Be First after verification of the standard form completed by the Client. The Customer receives an e-mail confirming registration.

When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is obliged to always update his personal information. In case of error in the wording of the recipient’s contact details, Be First cannot be held responsible for the impossibility of delivering the Products.

By registering on the Site, the Customer represents and guarantees to the company Be First that he is of age and has the legal capacity to contract.

Be First may delete the Customer’s Account at any time, for any reason, in its sole discretion.

IV - Products

The products offered for sale are those described on the Site on the day of the consultation of the Site by the Customer, within the limit of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever the origin, does not engage the responsibility of Be First. As such, Be First cannot be held responsible for the cancellation of an Order for a Product due to the depletion of stocks.

Be First takes the utmost care in the presentation and description of these products to best satisfy the information of the Customer. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.

Be First does not guarantee the accuracy or security of the information transmitted or obtained through the Site.

V - Controls

Taking an order on the Site is subject to compliance with the procedure set up by the company Be First on the site including successive steps leading to the validation of the Order.

The Customer can select as many Products as he wishes that will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and related fees. The Customer may freely modify the Basket before validation of his Order. The validation of the Order is confirmation of the acceptance by the customer of the GTC, the purchased Products, their price and the associated costs.

A confirmation email summarizing the Order (Product(s), price, availability of the products, quantity, etc.) will be sent to the Customer by the company Be First. To this end, the Customer formally accepts the use of email for the confirmation of the content of his Order. Invoices are available in the "my account" section of the site.

VI – Refusal to process an Order

The Site reserves the right to remove at any time any Product displayed on the Site and to replace or modify any content or information appearing on it. Despite the best efforts to meet the expectations of its customers, it may be that the latter may refuse to process an order after sending the Customer the confirmation email summarizing the Order.

The Site shall not be liable to the Customer or any third party for the decision to remove a Product from the Site, or for the decision to replace or modify any content or information appearing on this Site, or refusal to process an Order after sending the confirmation email summarizing the Order.

VII - Prices and methods of payment

Customs fees and other taxes are not included in the price paid by the Customer. These costs must be paid by the Customer directly to the carrier.

The prices of the products are indicated on the Site in euros for Europe, but excluding customs fees and other taxes.

All prices displayed are calculated value added tax (VAT) applicable in France included, which may be different depending on the billing country.

The Site reserves the right to change its prices at any time but products will be charged based on the rates in effect at the time of registration and payment of the order, subject to availability.

The products are payable in cash upon the actual Order. The payment of purchases is made via the secure platform of our partner MONETICO of the banking group CIC-Crédit Mutuel.

Industrial and Commercial Credit

 

The Customer expressly acknowledges that the communication of his credit card number at www.jubylee.fr constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, a notification of cancellation of Order for non-payment is sent to the Customer by the website on the email address provided by the Customer when registering on the Site.

The data recorded and stored by the site www.jubylee.fr constitute proof of the Order and all sales made. The data recorded MONETICO constitute proof of any financial transaction between the Client and the site www.jubylee.fr

VIII- Delivery

Deliveries are ensured by the services of Colissimo postal service and GLS from Monday to Friday, depending on the option chosen by the Customer during the validation of his Order.

Delivery means the transfer to the Customer of physical possession of the Products (the «Delivery»).

The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the section «Delivery and returns».

When the site www.jubylee.fr is responsible for the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of delivery.

By exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is in charge of transport by the Customer and not by the website www.jubylee.fr

Delivery is made to the delivery address indicated by the Customer, it being specified that it must be the address of residence of the Customer, a natural person of his choice or a legal person (delivery to his company). Delivery may not be made to hotels or post office boxes.

In case of impossibility to make the Delivery, due to an incorrect or incomplete delivery address or the absence of withdrawal by the Customer of his Order from the selected collection point, no forwarding can be made and the Customer unless written request by email and paying the shipping costs.

The website www.jubylee.fr delivers the Orders within a maximum period of principle of 2-3 working days for a Delivery in Metropolitan France and 12 working days for an international Delivery, this period being deducted from the day after the validation of the Order. The day after the launch of a collection and throughout the month of December, the delivery time can be increased by 10 (ten) days, given the large and exceptional volume of Orders.

In order to meet these deadlines, the Customer must ensure that he has provided accurate and complete information regarding the Delivery address (such as, in particular: street, building, stair, access codes, names and/or intercom numbers, etc.).

The site www.jubylee.fr cannot be held responsible for the delay of delivery not being of its own making or justified by a case of force majeure (as defined below).

Delivery times are provided by GLS or Colissimo, The site www.jubylee.fr can not be held responsible if the order was shipped on time.

IX - Refunds and returns

Any non-professional consumer has a right of withdrawal. The use of the right of withdrawal must be notified beforehand by email to the following address: info@jubylee.fr.

The right of withdrawal is exercised without penalty. In case of use of this right by the Customer, the Product must be returned to Be First within 15 (fifteen) days (beginning on the day of receipt of the Products). Beyond this period of 15 (fifteen) days, the sale is firm and final. The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the customer must follow the procedure indicated on the return form received with his Order.

The refund is subject to Be First being able to recover the Products originally delivered. Unless the Customer wishes otherwise, the company Be First makes the refund using the same means of payment that was used for the payment of the Order.

The return of the Products is the responsibility of the Customer and is at his own risk.

If the Customer does not comply with these GTC, Be First cannot refund the Products concerned. In any case, the return costs are the responsibility of Be First if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.

X - Warranties - Limitation of liability

The liability of www.jubylee.fr in respect of any Product purchased on the Site is strictly limited to the purchase price of the latter. The company be First shall not be liable for the following losses, regardless of their origin: 

• loss of revenue or sales

• operating loss

• loss of profits or contracts

• loss of expected savings

• data loss

• loss of work or management time

• image damage

• loss of opportunity, including ordering a Product,

• moral injury.

The documents, descriptions and information relating to the Products appearing on the Site are not covered by any warranty, express or implied, with the exception of warranties provided by law.

The site www.jubylee.fr does not provide any guarantee regarding any damage that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, a cancel bot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or to interfere with the proper functioning of the computerci, including any transmission resulting from a download of any content made by the Client, the software used by the latter to download the content, the Site or the server that allows access. In this regard, the Customer acknowledges that it is its responsibility to install appropriate anti-virus and security software on its computer hardware and other devices in order to protect them against any bugs, virus or other programming routine of this kind proving harmful.

The Customer acknowledges that it assumes all the risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that it is solely responsible for any damage caused to its computer system or any loss of data resulting from the downloading of this content.

Be First is only obliged to deliver Products in accordance with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics exhibited on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and strength criteria which are generally accepted for such products and which can reasonably be expected.

In addition, Be First guarantees consumers of defects in conformity and hidden defects for the Products on sale on the Site under the following conditions:

Apparent Defect

The presence of an apparent defect in a Product must give rise to a complaint by e-mail (info@jubylee.fr) within three working days of delivery. Any complaint must explain the defect concerned. Otherwise, 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 copy of the complaint to the registered office of the company be first, after sending an email indicating the apparent defect of the Product referred to above. The cases of apparent defect confirmed by Benda Bili give rise according to the content of the complaint of the Customer either to the establishment of a credit note for the benefit of the Customer, or to the replacement of the Product, either to the pure and simple refund of the Price without the transport costs to the Customer within 14 days. In case of non-compliance with the return procedure, no exchange or refund or credit is possible.

Non-compliance – Hidden Defects

Subject to the validation of a non-conformity or latent defect by Be First or the manufacturer, as the case may be, the Customer benefits from the following guarantees:

Be First whose registered office is 257 Rue Saint Denis - 75002 Paris, France, acts as guarantor within the meaning of Articles L 217-5 and following of the Consumer Code and 1641 and following of the Civil Code.

Thus the Customer:
- has a period of two (2) years from the delivery of the Product to act in non-compliance of the Product,
- is exempt from providing proof of the existence of the non-conformity of the property during the six (6) months following the delivery of the Product,
- may choose between repairing or replacing the Product, subject to the cost conditions provided for in Article L217-9 of the Consumer Code;

The legal guarantee of conformity applies independently of the commercial guarantee described below.

In addition, the Customer can also implement the legal guarantee for hidden defects of the thing sold, within the meaning of articles 1641 and following of the Civil Code. The legal guarantee of hidden defects allows the Customer within two years from the discovery of the defect, the refund of a Product that has proved unsuitable for its use.

The guarantee of hidden defects allows the Customer to be protected against hidden defects of the Product purchased and 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 reduction of the price, or return the Product and request the refund of the price paid, in accordance with article 1644 of the Civil Code.

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 copy of the complaint to the registered office of Be First, after sending an email stating the reason for the return of the Product.

For all practical purposes, the following legal provisions are recalled:
Art. L217-4 of the Consumer Code: «The seller delivers a good in accordance with the contract and answers for defects of conformity existing at the time of delivery. It shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged by the contract or carried out under its responsibility.”

Art. L217-5 of the Consumer Code: "The property conforms to the contract: 1) If it is suitable for the usual use of a similar property and, if applicable (a) if it corresponds to the description given by the seller and has the qualities that the seller has presented to the buyer in the form of a sample or model;(b) it has the qualities that a buyer can legitimately expect from public statements made by the seller, the producer or his representative, in particular in advertising or labelling; 2) Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the knowledge of the seller and accepted by the seller.”

Art. L217-7 of the Consumer Code: «The defects of conformity which appear within a period of twenty-four months from the delivery of the good are presumed to exist at the time of the delivery, unless proof to the contrary. For second-hand goods, this period is set at six months. The seller may challenge this presumption if it is not consistent with the nature of the property or the alleged lack of conformity.”

Art. L217-8 of the Consumer Code: "The buyer is entitled to demand compliance with the contract. However, he cannot challenge the conformity by invoking a defect that he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by it.”

Art. L217-9 of the Consumer Code: "In the event of non-compliance, the buyer chooses between repair and replacement of the property. However, the seller may not proceed according to the buyer’s choice if this choice entails a cost that is clearly disproportionate to the other modality, taking into account the value of the property or the extent of the defect. He is then obliged to proceed, unless impossible, according to the method not chosen by the buyer.”

Art. L217-10 of the Consumer Code: «If the repair and replacement of the good are impossible, the buyer can return the good and have the price returned or keep the good and have a part of the price returned. The same option is open to him: 1° If the solution requested, proposed or agreed under Article L. 217-9 cannot be implemented within one month of the buyer’s complaint; 2° Or if this solution cannot be implemented without major inconvenience for the buyergiven the nature of the property and the use it seeks. However, a resolution of the sale cannot be made if the lack of compliance is minor.”

Art. L217-11 of the Consumer Code: "The application of the provisions of articles L. 217-9 and L. 217-10 takes place at no cost to the buyer. These same provisions do not preclude the award of damages.”

Art. L217-12 of the Consumer Code: "The action resulting from the lack of conformity is prescribed by two years from the delivery of the property."

Art. L217-13 of the Consumer Code: "The provisions of this section do not deprive the buyer of the right to exercise the action resulting from the prohibitive defects as it results from articles 1641 to 1649 of the Civil Code or any other action of a contractual or extra-contractual nature which is recognized to him by the law.”

Art. 1641 of the Civil Code: “The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the purpose for which it is intended, or which so diminish that use that the buyer would not have acquired it, or would have given it only a lesser price, had he known them.”

Art.1642 of the Civil Code: «The seller is not liable for apparent defects and which the buyer was able to convince himself.»

Art. 1643 of the Civil Code: «He is bound by hidden defects, even if he would not have known them, unless, in this case, he has stipulated that he will not be obliged to any guarantee.»

Art. 1644 of the Civil Code: «In the case of articles 1641 and 1643, the buyer has the choice to return the thing and to have the price returned, or to keep the thing and to have a part of the price returned.»

Art. 1646 of the Civil Code: «If the seller was unaware of the defects of the thing, he will be bound only at the return of the price, and to reimburse to the purchaser the expenses occasioned by the sale.»

Art. 1648 of the Civil Code: "The action resulting from the prohibitive defects must be brought by the purchaser within two years from the discovery of the defect."

Force majeure

In the event of an event of force majeure preventing the execution of these GTCS, the company 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 cases of force majeure or fortuitous cases, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockout, riot, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemic, blocking of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, government or legal restrictions, legal or regulatory changes to marketing forms, computer failure, blocking telecommunications, including wireline or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal performance 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 extends for more than three (3) months, the transaction concerned may be terminated at the request of Be First or the Client without compensation on either side. Failure to pay by the Customer cannot be justified by force majeure.

XI – Partial Disability

If one or more stipulations of these GTCS are held invalid or declared as such under a law, regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope.

XII – Non-renunciation

No tolerance, inaction or inertia Be First may 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 the event of a dispute, the Client and Be First may resort to conventional mediation. In this regard, Be First informs the Client of the existence of alternative dispute resolution methods such as mediation or arbitration.

The Client may contact the European Commission’s online dispute resolution platform at http://ec.europa.eu/consumers/odr/.

Any dispute relating to the interpretation of the GTC, the execution or termination of a sale, the interpretation, the execution or the termination of the present is submitted, in the absence of amicable agreement, to the courts legally competent.
The website www.jubylee.fr is at your disposal for any comments or suggestions. You can write to us in French by e-mail at: info@jubylee.fr

RETURN INSTRUCTION

For the return of one or more items, you have 15 days (from the date of receipt) to do so.

To receive a refund, the item must not have been worn, washed or damaged (each item is checked and ironed before sending); in the case of an item worn, washed or damaged, we reserve the right to refuse the return of your order.

Please note that items whose labels have been detached cannot be returned.

Once we have received and inspected the returned item, you will then be automatically refunded the amount of the item by bank transfer within a few days.

If you want to exchange the size of an item, please return your item, after receipt we will send you the requested size. Available sizes are S/M and M/L. Some items are in one size.

The return costs are the responsibility of the customer.