terms of sale

Terms of sale

The present General terms of sale govern the sale of the products available from the shop www.jbguanti.fr or www.jbguanti.be  
Every order placed with regard to a product presented within the online shop www.jbguanti.fr or www.jbguanti.be  presupposes prior consultation of the present general terms.
Accordingly, the customer acknowledges having been thoroughly informed of the fact that his/her acceptance of the content of the present general terms does not require a handwritten signing of this document, insofar as the customer wishes to place an online order for the products presented within the online shop.
The customer can save a copy or print the present general terms, with the understanding that any saving or printing of this document is under the customer’s sole liability.
The customer declares that he/she has the legal capacity needed to make a commitment pursuant to the present general terms.
The present general terms express all of the obligations between the parties. As such, the customer is considered to have unconditionally accepted all of the provisions contained in these general terms. No general or specific condition contained in the documents sent or submitted by the customer can be integrated into the present document, in the event that such documents should prove to be incompatible with these general terms.
The online shop www.jbguanti.fr or www.jbguanti.be  mentions the following information:

The order
The prices are indicated in euros and are valid on the date of the validation and complete payment for the order by the customer. They do not include delivery costs that are added to the prices and indicated before the order’s validation.
The prices include the VAT applicable on the order date and any change of the applicable VAT rate will automatically be applied to the price of the products in the online shop.
The offers presented by the online shop www.jbguanti.fr or www.jbguanti.be  are only valid within the limits of the available stocks.
In its online shop, JB Guanti offers products for sale with the characteristics that are necessary in order to comply with Article L 111-1 of the [French] Consumer Code, which provides the potential customer with the ability to review the essential characteristics of the product that s/he wishes to order, before finalizing the order.
Any documents, texts and photos presented on the site are non-contractual, subject to errors and omissions. JB Guanti cannot be held liable for any errors within the site.

Availability of the products
The order will be filled at the latest within 5 days as of the day after the date on which the customer’s order was placed. Should the ordered product be unavailable, notably as a result of our suppliers, the customer will be informed as soon as possible and will be able to cancel the order. The customer will then be able to either request reimbursement of any sums paid, within a maximum of 30 days of their payment, or to change the product for another.

Payment provisions
The "Mercanet/BNP" secure site is used for the payment of the total amount of the customer’s order. The customer guarantees that s/he has whatever authorisation may be necessary in order to use the payment method selected at the time of the order form’s validation. The order will only be accepted after complete payment for the order and the delivery costs.

Delivery provisions
The products are delivered to the address provided by the customer in the order form. The customer is required to verify the condition of the merchandise packaging upon delivery and to point out any damages attributable to the carrier and to JB Guanti, within one week. Deliveries are made by local post, with tracking if required.

Delivery delay / loss of parcel:
The postal service provides a good service. However, as with any shipment, it is possible that a delivery can be delayed or that the product may be lost. In case of late delivery relative to the shipment date, we ask that you inform us of this delay by telephone or e-mail. We will then contact the service in order to begin an inquiry. An inquiry can take up to 21 days as of its starting date. If the product is located within this time, it will immediately be forwarded to your residence. However, if the product is not found within the 21 days of the inquiry, we consider the parcel to have been lost. Only at that time will we be able to send you a replacement product, at our expense. Should the ordered product(s) no longer be available at that time, the amount for the lost products will be refunded to you. We decline all liability regarding longer than anticipated delivery times for reasons attributable to the carrier, notably in case of product loss or strike. Items will be exchanged or refunded only after the end of the inquiry by the postal services.
Any complaint not submitted according to the above rules and within the allotted timeframes will be disregarded and will release JB Guanti from all liability relative to the consumer.
Upon receiving the complaint, JB Guanti will study your request and inform you of the product exchange provisions. In case of delivery error or exchange, any product to be exchanged or refunded must be returned to JB Guanti in its original condition and in its original packaging, sent by registered mail to the following address:
JB Guanti 59, rue de Rennes 75006 Paris or
JB Guanti Galerie du Roi, 20  1000 Bruxelles

To be accepted, all returns must be indicated beforehand to JB Guanti. In case of merchandise sent in error, the return expenses will be paid by JB Guanti, except in the event that the returned product does not correspond with the original declaration made by the customer in the return request.

Product warranty
The products are guaranteed against all flaws and hidden defects. The seller’s warranty regarding the transportation will only apply if the buyer has submitted a written complaint within 48 hours of receiving the merchandise. The seller’s warranty is limited, at the choice of the seller, to replacement or reimbursement of the value of the merchandise confirmed as defective by the seller, while considering how the merchandise has been used. The seller undertakes only to ensure the replacement of defective items provided to the customer by its services. JB Guanti declines all liability in the event of misuse or improper usage of the ordered goods. Subject to legal provisions, the seller’s liability is strictly limited to the obligations defined in the present terms.

Right of withdrawal
The consumer has an interval of 7 clear days in which to return, at his/her expense, products considered to be unsuitable. This interval begins on the day of the order’s delivery to the consumer. If the interval ends on a Saturday, Sunday or holiday, it is extended until the next business day. All returns must first be declared to JB Guanti, by using the “contact” link on our website. The product must be returned by registered mail, to:
JB Guanti 59, rue de Rennes 75006 Paris or
JB Guanti Galerie du Roi, 20  1000 Bruxelles

Returned products will only be accepted if returned in their entirety, in their original complete and intact packaging, and in perfect condition for resale. Any product that has been damaged or for which the original packaging has been damaged will not be reimbursed or exchanged. This right of withdrawal applies without penalty, less the return shipping charges. In the event that the right of withdrawal is exercised, the consumer can choose either a refund of the sums paid, or a product exchange. In the event of an exchange, the re-shipping charges will be at the customer’s expense. Should the right of withdrawal be exercised, JB Guanti will make every effort to refund the customer within 30 days. In case of payment by bank card, the customer’s refund will then be by means of a credit in his/her bank account (secure transaction).

Force majeure
Neither of the parties shall be deemed to have failed to meet its contractual obligations in the event that their performance is delayed, prevented or hindered by fortuitous events or force majeure. Fortuitous events or force majeure events are understood to be any events or circumstances that are irresistible, outside of the parties, unforeseeable, inevitable, independent of the will of the parties and that cannot be prevented by the latter, despite all reasonable and possible efforts. The party affected by such circumstances must so inform the other within 10 business days of learning of this event. The parties will then consult with one another, within one month except in case of impossibility due to force majeure, in order to examine the incidence of the event and to agree on conditions under which the contract’s performance can be continued. If the force majeure situation continues for more than three months, the present general terms can be terminated by the injured party. The events normally accepted by the case law of the French courts and tribunals are expressly considered to be cases of force majeure, in addition to the following: blockage of means of transportation or procurements, earthquakes, fires, storms, flooding, lightning; interruption of telecommunication networks or difficulties specific to the telecommunication networks which are not related to the customers.

Applicable law
The present general terms are subject to French law. This applies both to the rules regarding its form and its content. In case of dispute or complaint, the consumer will initially contact :
JB Guanti 59, rue de Rennes 75006 Paris or
JB Guanti Galerie du Roi, 20  1000 Bruxelles
in order to seek an amicable solution. Thereafter, in order to seek remedy, the consumer can file a complaint with the Paris commercial court.

JB Guanti has only a best endeavours obligation with regard to all steps involved in accessing the online shop, as well as the ordering process, delivery and after-sales service. Similarly, JB Guanti cannot be held liable in the event of any inconveniences or damages resulting from the usage of the Internet network, notably a service interruption, intrusion from the exterior or the presence of computer viruses, nor for any event considered as force majeure in compliance with case law.
Data Processing and Liberties
The information requested from the consumer is necessary for the processing of his/her order and can be provided to the commercial partners of JB Guanti involved in the fulfilment of this order. The consumer can write to JB Guanti in order to oppose such communication, or to exercise his/her right to access and rectify the information regarding him/her that is contained in the files of JB Guanti, under the conditions provided by the law of 6 January 1978. In compliance with the Information Technology and Freedoms law of 6 January 1978, you have the right to access, rectify, modify and delete the data relating to you. You can exercise this right by notifying JB Guanti by e-mail or by letter.