Terms and conditions of online sales
Article 1: Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter referred to as "GTCS") is to inform Buyers prior to any transaction and to define the rights and obligations of the parties in the context of the online sale of goods and services offered by the Seller to the Buyer on its online shop. They are reserved for consumers only, as defined by law and legal precedent. It is through this e-commerce contract that Créations J.C. Perrin offers or ensures the supply of leather goods and watch straps made of leather or noble materials to its customer, the Buyer, remotely and through electronic means. “Buyer” refers to any natural person acting on his or her behalf and using the website to make a purchase.
Article 2: Designation of the Seller of Goods
The Seller is defined as Créations J.C. Perrin S.A.S. with a capital of €541,000 whose head office is located at 3 chemin de Cerf - 25390 Orchamps-Vennes - France - telephone: 03 81 43 65 65 - email@example.com, registered in the Besançon Trade and Companies Register under number 420 147 639 - VAT FR00420147639 - Unique ADEME identifier: FR284973_01UFKX .
Article 3: Key Features of the Goods
The key features and prices of goods sold by electronic means are available on the online shop. The goods offered are leather watch straps in assorted colours as well as leather goods, as shown in the catalogue published on the Créations J.C. Perrin website. The photographs illustrating the products and accompanying the text are as close to reality as possible, but we cannot guarantee a perfect similarity with the product offered, especially with regard to colour. The photographs are not part of the contract. The detailed product sheet is the only contractual source. Our calfskin products can be viewed and delivered in all countries as long as the address of the Buyer is served by our carrier; however, our products subject to CITES such as alligator, ostrich, caiman, python, and lizard can only be delivered within the European Union. Our items are fragile products that require particular care for leather. In order to preserve their quality and appearance, they must never be immersed in water and more generally must not be exposed to any liquid other than the recommended cleaning products. In addition, our straps and leather goods are not intended to be worn during manual and sporting activities. Any customer service complaints can be sent through the website’s contact page or directly to the head office at the following address Créations J.C. Perrin - 3 chemin de Cerf - 25390 Orchamps-Vennes - Tel: +33 3 81 43 65 65 -firstname.lastname@example.org.
Article 4: Seller's Contract Terms
The Company Créations J.C. Perrin shall provide the conditions of sale to consumers in a way that allows the permanent and easy access, conservation, and reproduction of the conditions of sale, in accordance with the provisions of articles 1125 and 1127-1 et seq. of the French Civil Code. The Company shall remain bound by its offer as long as it is accessible through its own actions. The Buyer acknowledges that he/she has read the Terms and Conditions of the Company Créations J.C. Perrin available on the website and expressly declares that he/she accepts them without reservation. All orders shall entail the unconditional acceptance of these Terms and Conditions which shall take precedence over all other conditions, except for special conditions that have been expressly accepted by the Seller. Créations J.C. Perrin reserves the right to modify its Terms and Conditions at any time. The applicable conditions are those in force on the day the order is completed by the Buyer. Any Buyer wishing to place an order must first fill his/her cart. He/she must choose the product he/she wants to order and then click on "Add to cart", followed by "Continue shopping" or "Order". The selected product will be automatically put in the shopping cart. Before confirming acceptance of the offer, the consumer must check:
- the details of his/her order:
- products selected, quantity, features
- personal information
- Payment method
- Delivery method
- Total price including tax
- and correct any errors made when entering details.
The order summary allows the Buyer to review his/her choices, to cancel or to correct any errors made when entering details. The desired product, the quantity, the delivery address, etc. can thus be amended. Créations J.C. Perrin cannot be held responsible for any error made when entering details (incomplete or erroneous address, quantity, product reference, etc.). Once any errors have been rectified, the Buyer shall validate his/her order, including the following summary elements:
- Information relating to the contract offer (name and contact details of the Seller, delivery costs, payment, delivery, or performance terms),
- Information on the terms and conditions for exercising the right of withdrawal,
- The address of the Seller's place of business where the consumer can make a complaint,
- Information on after-sales service and commercial guarantees.
Once the Buyer ticks "Order with obligation to pay,” the order shall be definitely confirmed. This action is considered as equivalent to the Buyer’s handwritten signature. It shows the express agreement of the Buyer to the offer of goods and services made to him/her and his/her final acceptance. All orders entail the acceptance of the prices and descriptions of the products available for sale. Créations J.C. Perrin shall automatically send the Buyer an electronic acknowledgement of receipt of the order. This formality allows the Buyer to be sure that his/her animus contrahendi has been taken into account but does not constitute acceptance of the order by the Seller. The sale shall be deemed concluded on the date of acceptance of the order by the Seller. The languages offered by our online store for the conclusion of the contract are English and French.
Article 5: Detailed Prices
The prices of our articles are expressed in euros. They do not take into account the delivery costs, which are added to the invoice and notified to the Buyer before his/her order is confirmed Créations J.C. Perrin reserves the right to modify its prices at any time but shall apply the current prices indicated at the time the order is placed, subject to availability on that date. Except in cases of force majeure or during periods when the online store is closed – which will be clearly announced on the website’s homepage – our deliveries will be made through DPD for France and DHL for all other countries, within a maximum period of twenty days from the acceptance of the order by the Seller. Shipping costs will depend on the delivery address and the weight of the goods delivered. The Buyer will be notified of these costs before he/she confirms the order. Shipping is free for orders equal to or over €950 including tax. For purchases made by Buyers residing in France, prices will take into account the VAT applicable on the day of the order. In this case, French VAT will be charged to the Buyer and will appear on both the order and the invoice. For Buyers residing in a Member State of the European Union other than France, the following rules apply: In principle, according to Article 33 point a of the European directive 2006/112/CE, when the products are sent from France to another Member State of the European Union, the VAT of that other Member State is applicable to the online sale As an exception to the above principle, the Seller established in France may charge the Buyer French VAT if its intra-Community cross-border sales do not exceed a certain threshold. Thus, in principle, the Buyer will be charged VAT by the Seller at the rate applicable in the country to which the delivery is sent. In this case, the VAT of this other Member State will be charged by the Seller and will appear on both the order and the invoice. However, Créations J.C. Perrin is authorised, as a simplification measure and below a certain threshold, to charge French VAT to Buyers residing in an EU Member State other than France at the rate in force at the time the invoice was issued. The Buyer will be informed at the stage of the order since French VAT will appear both on the order and on the invoice. For products shipped outside the EU and French overseas territories, the price will be calculated exclusive of taxes on the invoice, but customs duties, import duties or local taxes may be payable. We recommend you contact your local authorities to enquire about these taxes.
Article 6: Payment
The price of the products is payable cash and in full on the day of the order. No order shall be taken into account if full payment is not received on this date. The only method of payment accepted is by bank card (debit card, e-card, Visa, Maestro, Mastercard). An invoice will be sent electronically to the Buyer and will also be included in the package. The Seller shall use all means to ensure the confidentiality and security of the data transmitted on the website. The Seller reserves the right to suspend any order processing and any delivery should the authorisation for payment by bank card be rejected by the formally accredited organisations or in the event of non-payment. In addition, the Seller reserves the right to refuse to make a delivery or to honour an order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if the Buyer has failed to pay for a previous order in part or in full or if there is an ongoing payment dispute with the Buyer.
Article 7: Delivery of the Goods:
The Company Créations J.C. Perrin shall indicate, at the latest when confirming the order, the date on which it undertakes to deliver the goods. Should delivery be delayed, the order will not be cancelled. The Seller shall inform the Customer by email that the delivery will be delayed. The Buyer may then withdraw his/her order by registered post with recorded delivery, if after having sent a formal notice to the Seller to deliver the goods within a reasonable extended timeframe, the latter has still not complied within this timeframe. The letter terminating the contract shall only be effective if the Seller has not performed its obligations in the meantime. In the event that the order has not yet been shipped when the Seller receives the letter of termination, the delivery shall be cancelled and the Buyer shall be refunded for the amounts debited, at the latest within fourteen days of the date on which the contract was cancelled. The occurrence of a case of force majeure shall suspend the contractual obligations of the Company Créations J.C. Perrin. Any event beyond the control of the Company Créations J.C. Perrin that prevents it from operating normally at the manufacturing or shipping stage of the products shall be considered a case of force majeure. In particular, cases of force majeure include total or partial strikes that hinder the proper functioning of the Company or that of one of its suppliers, subcontractors, or carriers, as well as the interruption of transport, energy supply, Internet, raw materials, or spare parts; the same applies in the event of fire or lockdown of the population due to a pandemic or for any other reason. The products will only be delivered to the address indicated by the Buyer on the order form once the Seller’s bank has confirmed the payment. The Buyer shall ensure that the address he/she has provided is accurate. Any package returned to Seller because of an incorrect or inaccurate delivery address will be reshipped at the Buyer's expense. The Buyer may, at his/her request, have an invoice sent to the billing address and not to the delivery address, by checking the option provided for this purpose on the order form. If the Buyer is absent on the day of delivery, the carrier will contact him/her to deliver the product or will leave a failed delivery notice allowing the Buyer to collect the package at the place and during the timeframe indicated. Deliveries will be made by DPD with tracking for France and by DHL with tracking for other countries. For deliveries outside mainland France, the Buyer undertakes to pay all taxes due on the import of products, customs duty, value added tax, and any other taxes due under the laws of the country where the order is received. The goods travel at the Seller’s own risk. However, the risk shall pass to the Buyer from the moment the Buyer or a third party designated by the Buyer, other than the carrier offered by the Seller, takes physical possession of the goods. The same shall apply when the Buyer entrusts the delivery of the goods to a carrier other than the one offered by the Seller, and the risk of loss or damage to the goods shall pass to Buyer when the Seller delivers the goods to this carrier. Order Checking upon Arrival by the Buyer: The Buyer is required to check the package upon arrival, including the condition of the packaging. It is up to the Buyer to make any reservations or complaints that he/she considers necessary, or even to refuse the package if it was clearly damaged during delivery. The aforementioned reservations must be sent to the carrier by registered letter with recorded delivery within three working days, not including public holidays, following the date of delivery of the goods. The Buyer shall send a copy of this letter to the Seller immediately. Failure to file a complaint within the aforementioned time period shall extinguish all claims against the carrier.
Article 8: Right of Withdrawal
Any order received by the Seller shall be deemed firm and final. In principle, the consumer is entitled to a right of withdrawal that he/she can exercise within fourteen days from the receipt of his/her purchase, without having to provide a specific reason or pay penalties except for the cost of returning the product which shall be borne by the consumer and provided that the product is returned in its original packaging complete and intact, and in perfect condition for resale. Where the fourteen-day period expires on a Saturday, Sunday, or a public holiday, it shall be extended to the next business day. To make his/her request, the Buyer must send the online withdrawal form available on our website to the Seller before the end of the fourteen-day period. The Seller shall provide the consumer with an acknowledgement of receipt of the withdrawal on a durable medium without delay. Provided that it is written in a clear and precise manner, without ambiguity, the Buyer may also send his/her decision to withdraw on plain paper to the following address: Créations J.C. Perrin - 3, chemin de Cerf - 25390 ORCHAMPS-VENNES - FRANCE. In this case, the Buyer is invited to send his/her letter of withdrawal by registered post with recorded delivery. The Buyer must state the date and the number of the order in question. Créations J.C. Perrin will examine the returned product, then, if necessary, refund the Buyer as soon as possible and at the latest within fourteen days following the date of receipt of the decision to withdraw, provided however that the Buyer has returned the product to the Seller at the same time as the withdrawal form or letter. In all cases, the Seller will only proceed to refund the purchase costs after receiving the package and only if it was shipped by the Buyer within fourteen days of the decision to withdraw. Créations J.C. Perrin shall proceed with the refund using the same means of payment that the Buyer used for the initial transaction unless the Buyer indicates otherwise. NB: The right of withdrawal does not apply to personalised goods or goods made to the specifications provided by the Buyer.
Article 9: Contract Archiving
Créations J.C. Perrin will archive the order forms and invoices on a reliable and durable medium providing a true copy. The computerised records of Créations J.C. Perrin shall be considered by the parties as proof of communications, orders, payments, and transactions between the parties, unless proven otherwise. In accordance with the provisions of Articles L213-1 and D 213-2 of the French Consumer Code, as soon as the amount of the Buyer's order reaches 120 euros (including tax), Créations J.C. Perrin undertakes to ensure that the contract is kept for ten years and to allow the Buyer to access the contract during this period.
Article 10: Legal Guarantee of Conformity
Any bracelet delivered with a size difference of 0 to plus 0.5 mm for the width at the lug and plus or minus 2 mm for the length of the strap compared to the dimensions stated in the Buyer’s order shall be considered, by express agreement between the parties, as conforming to the order. In addition, any belt delivered with a size difference of 0 to plus 0.5 mm for the length and the width at the lug compared to the dimensions stated in the Buyer’s order shall be considered, by express agreement between the parties, as conforming to the order. The products sold are covered by the legal guarantee of conformity provided for in Articles L217-1 et seq. of the French Consumer Code against any defect or faulty material or workmanship. The Buyer has a period of two years from the date of delivery of the goods to claim a lack of conformity. When receiving the package, the Buyer must ensure that the goods delivered match his/her order. The Buyer shall declare the lack of conformity by sending a registered letter with recorded delivery to the Seller and shall return the non-conforming product to the Seller, who shall repair or replace the product in question at the Seller’s own expense as soon as possible. Consumers can choose to have the product repaired or replaced, subject to the cost conditions provided for in Article L. 217-12 of the French Consumer Code. Consumers do not have to prove the existence of the lack of conformity of the product during the twenty-four months following the delivery of the goods. In the event of a lack of conformity, consumers can choose:
- to have the good purchased repaired or replaced. However, if the consumer's choice entails a cost that is clearly disproportionate to the value of the good or the level of the defect, the Seller may decide to proceed according to the other option. This will be the case, for example, if the model in question has been changed or modified or if repair is possible but at a higher cost than replacement.
- Refund: If the goods cannot be repaired or replaced:
- consumers can return the goods and be refunded entirely, or
- Keep the goods and be partially refunded.
The same shall apply if the solution requested, proposed, or agreed cannot be implemented within one month of the Buyer's complaint, or if this solution cannot be implemented without major inconvenience to the Buyer, given the nature of the goods and their intended use. If the lack of conformity is minor, the sale cannot be cancelled. This guarantee does not cover defects caused by abnormal or faulty use or resulting from a cause unrelated to the intrinsic qualities of the products. The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted. The foregoing provisions are not exclusive of the application of the legal guarantee against hidden defects of articles 1641 et seq. of the French Civil Code. In this case, consumers can choose between cancelling the sale or receiving a discounted sales price in accordance with Article 1644 of the French Civil Code. The Buyer may exercise these guarantees by sending a request to: Créations J.C. Perrin S.A.S. - 3 chemin de Cerf - 25390 Orchamps-Vennes - Tel: +33 3 81 43 65 65; info@groupe-creations -perrin.fr.
Article 11: Intellectual Property Rights
The Seller's trademark, as well as all figurative or non-figurative trademarks and more generally all other trademarks, illustrations, images, and logos appearing on the products, their accessories, and their packaging, whether registered or not, are and shall remain the exclusive property of the Seller. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, and logos, for any reason and on any medium whatsoever, without the express prior consent of the Seller, is strictly prohibited. The same applies to any combination or blend with any other mark, symbol, logotype and more generally any distinctive sign intended to form a composite logo. The same applies to all copyrights, drawings, models, and patents which are the property of the Seller.
Article 12: Notifications
All notifications to be made under this contract shall be deemed to have been made if sent by registered post with recorded delivery to the following addresses: To the Seller: at the address listed in Article 2 of these Terms and Conditions. To the Buyer: to the billing address that he/she expressly stated when ordering online.
Article 13: Identifiable Information
Pursuant to Law No. 78-17 of 6 January 1978 on data processing, files, and freedoms, as amended, and European Regulation No. 2016/679/EU of 27 April 2016, applicable as of 25 May 2018, Buyers has the right to access, correct, transfer, or delete their data or limit its processing. Buyers may also object to the processing of their personal data for legitimate reasons. The information requested from customers is necessary to process their orders and is intended solely for the Company Créations J.C. Perrin S.A.S., which undertakes not to sell or market the personal data of its customers. The processing of identifiable information was declared to the CNIL on 24 August 2011 and registered under number 1527589v0. For any additional information or to file a complaint, please see our “Policy on the Protection of Personal Information,” which is available on our website.
Article 14: Invalid Clauses in the Contract
If any provision of this contract were to be deemed invalid, this invalidity would not invalidate the remaining provisions of the contract which shall remain in full force and effect between the parties.
Article 15: Law Applicable
By express agreement between the parties, these Terms and Conditions of online sale are subject to French law. Only the French version is legally binding.
Article 16: Dispute Resolution
In the event of a dispute or complaint, Buyer must first contact the Seller to reach an amicable resolution, using the contact details listed in Article 2 above. In line with Article L. 612-1 of the French Consumer Code, Buyers may contact a Consumer Ombudsman free of charge with a view to amicably resolving the dispute between themselves and the Seller, provided that the dispute is of a contractual nature concerning the performance of a sales contract and regardless of whether the dispute is national or cross-border in nature. For national disputes, Buyers may refer the case to the Ombudsman described below: Médiateur de la Fédération professionnelle du e-commerce et de la vente à distance (FEVAD) www.mediateurfevad.fr. For cross-border disputes, the European Consumer Centre France (europe-consommateurs.eu) can be contacted. Only complaints related to the online sale of products will be considered. The resolution suggested by the Ombudsman is not binding on the parties. Should the mediation fail, or should the Ombudsman not be contacted, the dispute will be submitted to the French courts with territorial jurisdiction in accordance with the provisions of the French Code of Civil Procedure.