Terms of Sales

ARTICLE 1 – DEFINITIONS

These General Conditions of Sale (hereinafter the “GCS”) are offered by Vert Jade .

We will subsequently designate:

“Site” : the site “www.vertjade.com” and all of its pages.
“Products” or “Services” : all products (materials) and services (benefits) that can be purchased or subscribed to on the Site.
“Seller” : Vert Jade, legal entity or natural person, offering its Products or Services on the Site.
“Customer” : the Internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
“Consumer” , in accordance with the definition of the preliminary article of the Consumer Code: “ any natural person who acts for purposes which do not fall within the scope of his commercial, industrial, craft or liberal activity ”.

The Internet user visiting the Site and interested in the Products and Services offered by the Seller is invited to read these T&Cs carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the General Terms and Conditions and accepts them in full.

ARTICLE 2 – APPLICATION OF THE GENERAL TERMS AND CONDITIONS AND PURPOSE OF THE SITE

The Seller reserves the right to modify the T&Cs at any time by publishing a new version of the latter on the Site.

The General Terms and Conditions applicable to the Customer are those in force on the day of the order on the Site .

Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notices and the data charter of this Site.

This Site offers the online sale of leather goods and personalized jewelry.

The Site is freely accessible to all Customers. The acquisition of a Product or Service implies acceptance by the Customer of all of these General Terms and Conditions, who thereby acknowledges having fully read them. This acceptance may consist, for example, of the Customer checking the box corresponding to the sentence accepting these General Terms and Conditions, for example, stating " I acknowledge having read and accepted all of the general terms and conditions of the Site ". Checking this box will be deemed to have the same value as a handwritten signature from the Customer.

Acceptance of these General Terms and Conditions of Sale implies that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator, or their legal representative.

The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless he provides proof to the contrary, he waives the right to contest them in the event of a dispute.

ARTICLE 3 – METHOD OF SUBSCRIBING TO ORDERS AND DESCRIPTION OF THE PURCHASING PROCESS

The Products and Services offered are those listed in the catalog published on the Site. Each Product is accompanied by a description drawn up by the Seller based on the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a true image of the Products and Services offered.

The term "Basket" will be defined below as the intangible object grouping together all the Products or Services selected by the Customer of the Site for purchase by clicking on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Basket", the contents of which can be modified at any time.

Once the Customer considers that they have selected and added to their basket all the Products they wish to purchase, they will have the option, to validate their order, to access their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page on which they will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If the Customer wishes to confirm their order, they must check the box relating to the ratification of these General Terms and Conditions and click on the confirmation button. The Customer will then be redirected to a page where they must fill in the order form fields. In this case, they will have to provide a certain amount of personal data concerning them, necessary for the proper processing of the order.

All orders placed on the Site must be duly completed and must include the necessary information. The Customer may make changes, corrections, additions, or cancel the order until it is validated.

Once the Customer has completed the form, they will be prompted to make their payment using the payment methods listed in the section of these Terms and Conditions relating to payments. After a few moments, the Customer will receive an order confirmation email, reminding them of the contents of the order and its price.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

ARTICLE 4 – PRICE AND PAYMENT TERMS

Unless otherwise stated, the prices listed in the catalog are prices in Euros inclusive of all taxes (TTC), taking into account the VAT applicable on the day of the order and excluding any participation in processing and shipping costs.

Vert Jade reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on this Site and can pay by credit card or PayPal. Payments by credit card are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In the event of payment by bank transfer, the delivery times defined in the "Deliveries" section of these General Terms and Conditions only begin to run from the date of actual receipt of payment by the Seller, the latter being able to provide proof of this by any means. The availability of the Products is indicated on the Site, in the description sheet for each Product.

Vert Jade will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

ARTICLE 5 – DELIVERIES

Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitations; orders can be shipped anywhere in the world. The delivery times indicated when ordering are for informational purposes only and remain dependent on possible delays by postal services or other special circumstances preventing delivery (events, bad weather, etc.).

In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares himself the importer of the Product and accepts that in such a case the Seller may be materially unable to provide him with exact information on the total amount of costs relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of fifteen (15) days after the conclusion of the contract with a Consumer Customer.

In the case of hand delivery, the customer may refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing Product compared to the delivery note, damaged package, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have the damaged goods collected by the carrier. In the case of delivery to a mailbox, the customer agrees to immediately check the package and contact Vert Jade Maroquinerie support if he notices any anomaly. Failure to comply with these requirements will prevent the Customer from exercising his right of refusal, and the Seller will not be required to comply with the Customer's request to exercise his right of refusal.

If the Customer's package is returned to the Seller by the Post Office or other postal service providers, the Seller will contact the Customer upon receipt of the returned package to ask for further action on the order. If the Customer has mistakenly refused the package, they may request that it be resent by paying the postal charges for the new shipment in advance. Postal charges must be paid even for orders where postage was free when the order was placed.

In the event of a delivery or exchange error (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows for withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.

Any delay in delivery compared to the date or time indicated to the Consumer Customer when ordering or, in the absence of an indication of a date or time when ordering, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request from him by registered letter with acknowledgment of receipt, if after having ordered the Seller to make the delivery he has not complied. The Consumer Customer will then be reimbursed, at the latest within fourteen (14) days following the date on which the contract was canceled, for all sums paid. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Special case of a package whose tracking number indicates that it is “ delivered” » but not received in the mailbox: if the Customer notices and informs the Seller that the package is not in his mailbox despite its tracking number indicating that it is “delivered”, customer service may ask him for additional information as well as an official document from La Poste responding to his complaint regarding the corresponding tracking number. The Seller will then make every effort to guarantee the Customer’s satisfaction by offering, in particular, the immediate return of the products at his own expense.

ARTICLE 6 – PRODUCT WARRANTY

LEGAL PROVISIONS TO BE REPRODUCED

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to provide any guarantee; in the event of implementation of this guarantee, the buyer has the choice between cancellation of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, suspension or interruption of the limitation period cannot have the effect of extending the limitation period beyond twenty years from the date on which the right arose in accordance with Article 2232 of the Civil Code.

All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code;

LEGAL GUARANTEE OF CONFORMITY

The Seller is required to deliver goods that comply with the contract concluded with the Consumer Customer and to be liable for any lack of conformity that exists during the delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day the Product is taken possession of.

On the other hand, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.

"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is manifestly disproportionate to the other method, taking into account the value of the goods or the extent of the defect. He is then required to proceed, unless impossible, according to the method not chosen by the buyer ."

LEGAL GUARANTEE AGAINST HIDDEN DEFECTS

In the event of non-conformity of a delivered Product, it may be returned to the Seller who will exchange it. If it is not possible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be reimbursed by check or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including the shipping costs for returning the Product) are then the responsibility of the Seller.

ARTICLE 7 – CUSTOMER SERVICE

Customer service for this Site can be reached by email at the following address: contact@vertjade.com, by form or by post to the address indicated in the legal notices.

ARTICLE 8 – LIABILITY

The Seller Vert Jade cannot be held responsible for the non-performance of the contract concluded due to the occurrence of a force majeure event. Regarding the Products purchased, the Seller will not incur any liability for any indirect damages resulting from these terms, loss of business, loss of profit, damages or costs, which may arise.

The choice and purchase of a Product or Service are the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to material incompatibility, cannot give rise to any compensation, reimbursement or questioning of the Seller's liability, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows for withdrawal, according to Article L 121-21 of the Consumer Code.

The Customer expressly acknowledges that they use the Site at their own risk and under their sole responsibility. In any event, Vert Jade cannot be held liable under any circumstances:

for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers, loss of data which may, among other things, result from the use of the Site, or on the contrary from the impossibility of its use;
a malfunction, unavailability of access, misuse, poor configuration of the Client's computer, or the use of a browser that is rarely used by the Client;
the content of advertisements and other links or external sources accessible by Customers from the Site.

The Seller cannot therefore be held liable if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

ARTICLE 9 – INTELLECTUAL PROPERTY RIGHTS

All elements of this Site belong to the Seller or a third party agent, or are used by the Seller with the authorization of their owners.

Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and constitutes counterfeiting.

Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting any damage to them, without reservation of possible subsequent legal action against them, at the initiative of the Seller or its agent.

The trademarks and logos contained in the Site are registered by Vert Jade, or possibly by one of its partners. Any person carrying out their representations, reproductions, imbrications, distributions and redistributions is liable to the sanctions provided for in Articles L.713-2 et seq. of the Intellectual Property Code.

ARTICLE 10 – INDEPENDENCE OF CLAUSES

If any provision of the T&Cs is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the T&Cs and will not affect the validity and enforceability of any remaining provisions.

These General Terms and Conditions supersede all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the T&Cs and any notices given in electronic form may be requested in any legal or administrative proceedings relating to the T&Cs. The parties agree that all correspondence relating to these T&Cs must be written in the French language.

ARTICLE 11 – APPLICABLE LAW AND MEDIATION

These T&Cs are governed by and subject to French law.

Except for provisions of public order, any disputes which may arise in the context of the execution of these General Terms and Conditions may, before any legal action, be submitted to the assessment of the Site Publisher with a view to an amicable settlement.

It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of these General Terms and Conditions must be submitted to the jurisdiction of the courts of the district of the applicant's place of residence.